Santa Ana City Council
August 20, 2024

FIRST AMENDMENT TO FY 2023 ENHANCED COLLABORATIVE MODEL TASK

FORCE TO COMBAT HUMAN TRAFFICKING MEMORANDUM OF

UNDERSTANDING
THIS FIRST AMENDMENT to the above-referenced agreement is entered into on August 20, 2024, by and between the City of Anaheim, (“Anaheim”), a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“Anaheim”). 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 (“Santa Ana”).

RECITALS
A. On May 14, 2024, the parties entered into the FY 2023 Enhanced Collaborative Model Task Force To Combat Human Trafficking Memorandum Of Understanding, Santa Ana Agreement No. N-2024-160 (“Agreement”). The Agreement is still in effect and expires on September 30, 2026.

B. The Anaheim Police Department applied for the FY 2023 Enhanced Collaborative Model Task Force to Combat Human Trafficking Grant. Anaheim was awarded $750,000, and the Santa Ana Police Department has been allocated a subaward in the amount of $75,000 as a sub-recipient under this grant. The grant is anticipated to continue to fund the OCHTTF from October 1, 2023 to September 30, 2026.

C. The Memorandum of Understanding from the Anaheim Police Department inadvertently omitted the grant amount to be subawarded to the Santa Ana Police Department. The First Amendment specifies the amount of the subaward as $75,000 and also provides the federal grant requirements associated with this subaward. The parties would now like to amend the Agreement by incorporating Exhibit C, attached, Notification of Subrecipient Award, which specifies the amount of the subaward to the Santa Ana Police Department as $75,000 and provides the federal grant requirements associated with this subaward.

The Parties therefore agree:

1. The Agreement, is hereby amended to include the terms and conditions in Exhibit C, Notification of Subrecipient Award, reflecting the subaward amount of $75,000 and providing federal grant requirements

2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect.

EXHIBIT 2
City Council 24 – 40 8/20/2024
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Agreement on the date and year first written above.

ATTEST
JENNIFER L. HALL
City Clerk

APPROVED AS TO FORM
SONIA R. CARVALHO
City Attorney
ByaJJ~NJJL

TAMARA BOGOSIAN
Senior Assistant City Attorney
ATTEST

THERESA BASS, CMC
City Clerk

APPROVED AS TO FORM

ROBERT FABELA
City Attorney
By: __________ _

CITY OF SANTA ANA

ALVARO NUNEZ
Acting City Manager

RECOMMENDED FOR APPROVAL

ROBERT RODRIGUEZ
Acting Chief of Police

CITY OF ANAHEIM

JAMES VANDERPOOL
City Manager

RECOMMENDED FOR APPROVAL

RICK ARMENDARIZ
Chief of Police

City Council 24 – 41 8/20/2024

EXHIBIT C
City Council 24 – 42 8/20/2024
City Council 24 – 43 8/20/2024
City Council 24 – 44 8/20/2024
Public Works Agency
www.santa-ana.org/public-works
Item # 25
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 20, 2024
TOPIC: Grand Avenue Rehabilitation from McFadden Avenue to First Street

AGENDA TITLE
Award a Construction Contract to All American Asphalt for the Grand Avenue Rehabilitation from McFadden Avenue to First Street Project (Project No. 23-6702) (Non-General Fund)

RECOMMENDED ACTION

1. Approve an appropriation adjustment recognizing $972,882 in Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) grant from Select Street Construction, State Grant-Direct revenue account and appropriate the same amount into the Select Street Construction, Improvements Other Than Buildings, expenditure account. (Requires five affirmative votes.)

2. Approve an appropriation adjustment recognizing $676,000 of prior-year fund balance from Special Gas Tax, Prior Year Carry Forward and Select Street Construction, Transfer from Fund 029 revenue accounts and appropriate the same amount into the Gas Tax Interfund Transfer, Transfer to Fund 059 and HUTA 2103 Gas Tax, Improvements Other Than Buildings, expenditure account. (Requires five affirmative votes.)

3. Approve an appropriation adjustment to transfer $30,907 from Roadway Maintenance, Improvements Other Than Buildings, Transfer from Fund 029 revenue accounts and appropriate the same amount into the Gas Tax Interfund Transfer, Transfer to Fund 059 and Select Street Construction, Improvements Other Than Buildings, Improvements Other Than Buildings, Improvements Other Than Buildings, expenditure account. (Requires five affirmative votes.)

4. Authorize a budget reallocation of $44,590 in unspent funds from the Santa Clara Avenue Bike Lane from Lincoln Avenue to Tustin Avenue Project (No. 23-6997) and $30,907 from Omnibus Concrete Program Support Project (No. 22-6970) to construction funds for the Grand Avenue Rehabilitation from McFadden Avenue to First Street Project (No. 23-6702).

5. Approve an amendment to the Fiscal Year 2024-25 Capital Improvement Program (CIP) to include $972,882 from Select Street Construction funds, $676,000 from City Council 25 – 1 8/20/2024
Grand Avenue Rehabilitation from McFadden Avenue to First Street August 20, 2024

HUTA 2103 Gas Tax funds, and $75,497 in unspent funds from projects 22-6970 and 23-6997, for the Grand Avenue Rehabilitation from McFadden Avenue to First Street Project.

6. Approve the Project Cost analysis for a total estimated construction delivery cost of $2,242,499, which includes $1,793,999, for the construction contract; $269,100 for contract administration, inspection, and testing; and a $179,400 project contingency for unanticipated or unforeseen work.

7. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $1,793,999, subject to change orders in accordance with the Greenbook: Standard Specifications for Public Works Construction, for term beginning August 20, 2024, and ending upon project completion, and authorize the City Manager to execute the contract.

8. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2023-29 was filed for Project 23-6702.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The Public Works Agency’s Engineering Services Division (PWA) is responsible for managing the City’s roads and transportation network. The section of Grand Avenue between McFadden Avenue and First Street (Exhibit 1) was identified in needing rehabilitation and was programmed into the Capital Improvement Project (CIP). In addition to Senate Bill 1 Funding, the City received funding from the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) for the Grand Avenue Rehabilitation from McFadden Avenue to First Street. The scope of work includes restoring asphalt pavement, curb and gutter, driveway approaches, utility adjustments, traffic loops, and signing, and striping. Once completed, these improvements will improve the overall pavement condition, enhance the visual appearance of the street, upgrade ride quality, drainage, and support compliance with Americans with Disabilities Act (ADA) standards.

Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, the City notified a total of 58 regional vendors via PlanetBids, many of which are Santa Ana-based. A total of six bids were received. No bids were received from any Santa Ana contractors.

As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on June 17 and June 21, 2024. The project was also advertised in PlanetBids from June 13 through July 3, 2024. Bids were received electronically via PlanetBids on July 3, 2024.

City Council 25 – 2 8/20/2024
Grand Avenue Rehabilitation from McFadden Avenue to First Street August 20, 2024

Bid Results Summary
Rank Bidder’s Name Location Base Bid
1 All American Asphalt Corona, CA $1,793,999
2 Hardy & Harper, Inc. Lake Forest, CA $1,950,000
3 R.J. Noble Company Corona, CA $2,067,735
4 DOJA, Inc. Ontario, CA $2,160,000
5 Excel Paving Co. Long Beach, CA $2,184,140
6 Onyx Paving Company, Inc. Anaheim, CA $2,488,000
A total of six bids were received and all were deemed responsive. All American Asphalt submitted the lowest responsive base bid in the amount of $1,793,999 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor’s reference check, staff recommends awarding the construction contract to All American Asphalt for the base bid (Exhibit 3).

All American Asphalt has previously performed work as a prime contractor in the City of Santa Ana within the last five years, most recently completing the Grand Avenue Rehabilitation from Warner to Edinger Avenue. A reference check was made with staff and good reviews were received regarding the quality of work performed by the contractor on previous projects.

Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management and implementation of the labor requirements.

As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $2,242,499.

Project Item Total
Construction Contract Bid Amount $1,793,999
Construction Administration, Inspection, Testing $269,100 Project Contingencies $179,400
TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $2,242,499
City Council 25 – 3 8/20/2024
Grand Avenue Rehabilitation from McFadden Avenue to First Street August 20, 2024

ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (CEQA), the recommended actions are exempt from further review pursuant to Section 15301(c) of the CEQA Guidelines for projects consisting of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities. The proposed project continues to meet these parameters of the CEQA Guidelines, and Categorical Exemption Environmental Review No. ER-2023-29 was filed for Project 23-6702 (Exhibit 5).

FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the project (23-6702) is $2,242,499, which includes construction, contract administration, inspection, testing, and authorized contingencies of $448,500. Funds were available the HUTA 2103 Gas Tax, Improvements Other Than Buildings account (05917663- 66220) and Measure M2 Local Fairshare St, Improvements Other Than Buildings account (03217662-66220) in FY 2023-24. Therefore, a proposed carry-over of unspent funds will be presented to the City Council in September for approval of carryovers to FY 2024-25. Any remaining balances not expended at the end of the fiscal year will be presented to the City Council for approval of carryovers to FY 2025-26.

Approval of the requested Appropriation Adjustments will recognize $676,000 of prioryear fund balance from the Special Gas Tax Revenue, Prior Year Carry Forward revenue account (No. 02917002-50001) and $972,882 in Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) grant from Select Street Construction, State Grant-Direct revenue account (No. 05917002-52025), and appropriate it to the Select Street Construction, Improvements Other Than Buildings expenditure account (No. 05917660-66220) and HUTA 2103 Gas Tax, Improvements Other Than Buildings expenditure account (No. 05917663-66220). The spendable portion of the Gas Tax fund balance is estimated to be $676,006 at June 30, 2025, which is sufficient to allow for the recommended appropriation of $676,000. An appropriation adjustment to transfer $30,907 from Roadway Maintenance, Improvements Other Than Buildings, Transfer from Fund 029 revenue accounts and appropriate the same amount into the Gas Tax Interfund Transfer, Transfer to Fund 059 and Select Street Construction, Improvements Other Than Buildings, Improvements Other Than Buildings, Improvements Other Than Buildings, expenditure account, is required for the reallocation of funds from project 22-6970.

Approval of the requests to reallocate funds will provide a total of $75,497 in unspent funds from projects 22-6970 and 23-6997.

The following table summarizes the funds budgeted for expenditure to deliver the construction of this project:

City Council 25 – 4 8/20/2024
Grand Avenue Rehabilitation from McFadden Avenue to First Street August 20, 2024

Fiscal
Year
Accounting Unit
- Account No.
(Project No.)
Fund
Description
Accounting Unit,
Account No.

Description
Amount
Existing Budget
2024-25 05917663-66220
(23-6702)
Select Street
Construction
HUTA 2103 Gas Tax,
Improvements Other
Than Buildings
$518,120
Budget Reallocation
2024-25
03217662-66220
(From 23-6997
to 23-6702)
Measure MStreet
Construction
Measure M2 Local
Fairshare St,
Improvements Other
Than Buildings
$44,590
2024-25
05917663-66220
(From 22-6970
to 23-6720)
Select Street
Construction
HUTA 2103 Gas Tax,
Improvements Other
Than Buildings
$30,907
Additional Budget
2024-25 05917663-66220
(23-6702)
Select Street
Construction
HUTA 2103 Gas Tax,
Improvements Other
Than Buildings
$676,000
2024-25 05917660-66220
(23-6702)
Select Street
Construction
Select Street
Construction,
Improvements Other
Than Buildings
$972,882
Total $2,242,499

EXHIBIT(S)

1. Location Map

2. Bid Proposal

3. Construction Contract

4. Cost Analysis

5. Categorical Exemption Environmental Review No. ER-2023-29

6. FY 2023-24 Capital Improvement Program Sheet
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager
City Council 25 – 5 8/20/2024

PWA SANTA ANA
PUBLIC WORKS AGENCY Project No. 23-6702: Grand Avenue Roadway Rehabilitation from McFadden Avenue to First
Street Location Map
EXHIBIT 1
City Council 25 – 6 8/20/2024

0.54 22.00

97.00 31.00
3,400.00 3,400.00
1,550.00
1,250.00
471.00
164,700.00
13,200.00
48,500.00
43,400.00
23,250.00
31,250.00
4,239.00
215.00 227,900.00
150.00 298,500.00

7.00 237,930.00
147.18 574,002.00

31.88 3,188.00
City Council 25 – 7 8/20/2024
448.00
3,800.00
33,000.00 33,000.00
13,440.00
7,600.00
58,630.00 58,630.00
1,793,999.00
City Council 25 – 8 8/20/2024
City Council 25 – 9 8/20/2024
City Council 25 – 10 8/20/2024
Nabil Saba
Digitally signed by Nabil
Saba
Date: 2024.08.05 14:57:16
-07'00'
City Council 25 – 11 8/20/2024
City Council 25 – 12 8/20/2024
City Council 25 – 13 8/20/2024
City Council 25 – 14 8/20/2024
EXHIBIT 4
Construction Contract 1,793,999.00 $
Contract Administration, Inspection and Testing 269,100.00 $ Contingencies 179,400.00 $
TOTAL ESTIMATED CONSTRUCTION COSTS $ 2,242,499.00
CONSTRUCTION OF PROJECT NO. 23-6702: Grand Avenue Roadway Rehabilitation from McFadden Avenue to First Street

COST ANALYSIS
City Council 25 – 15 8/20/2024
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Recorded in Official Records, Orange County
Hugh Nguyen, Clerk-Recorder
FILED I IIIII I I IIIII Ill lllll lllll lllll lllll llll llll lllll lllll lllll lll I I lll llll N ° FEE MAR O 9 2023

ORANGE COUNTY CLERK-RECORDER DEPARTMENT
MAYOR
BY: ___ �--------
Valerie Amezcua

MAYOR PRO TEM
Jessie Lopez
* $ R O O 1 4 2 3 8 8 1 2 $ *
202385000181 9:36 am 03/09/23
256 Vitlndx Z01

0.00 50.00 0.00 0.00 0.00 0.00 0.00 0.00

CITY MANAGER
Kristine Ridge

CITY ATTORNEY
Sonia R. Carvalho

COUNCILMEMBERS
Phil Bacerra

CLERK OF THE COUNCIL
Jennifer L. Hall
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez PUBLIC WORKS AGENCY
20 Civic Center Plaza (M-36)
P.O. BOX 1988 • Santa Ana, California 92702
(714) 647-5690 • Fax (714) 647-5823
www.santa-ana.org

NOTICE OF EXEMPTION
From the Requirements of the California Environmental Quality Act (CEQA) Fee Exemption per California Government Code Section 6103 To: COUNTY CLERK From: City of Santa Ana
County of Orange Public Works Agency
P.O. Box 238 20 Civic Center Plaza (M-36)
Santa Ana, CA 92702 Santa Ana, CA 92702
Project Title: Grand Avenue Rehabilitation from 1st Street to McFadden Avenue Project Number(s): 23--6702
Project Location: Grand Avenue - 1st Street to McFadden Avenue City: Santa Ana County: Orange ER Number: ER-2023-29 Date of Approval: 06/21/2022 Project Description: The project will rehabilitate and reconstruct the existing asphalt pavement, and replace damaged curbs, gutters, curb ramps, driveway approaches, catch basins, and concrete bus pads.

Applicant Name: City of Santa Ana, Public Works Agency
Applicant Address: 20 Civic Center Plaza M-36
Santa Ana, CA 92702
Name of Public Agency Approving Project
Name of Agency Carrying Out Project:

Exempt Status:
□ Ministerial (Sec. 15268)
□ Declared Emergency (Sec. 15269 (a))
City Council
Public Works Agency
□ Emergency Project (Sec. 15269 (b through e))
□ General Rule (Sec. 15061(b )(3)/(5))
□ Statutory Exemption:
@ Categorical Exemption: 15301 (c)
Reason(s) Why Project is Exempt From CEQA:

POSTED
MAR O 9 2023

ORANGE COUNTY CLERK-RECORDER DEPARTMENT
BY: __ �.,,,,.,,,,.-z;.;;;;a;;;..----DEPUTV
15301 (c) consists of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities.

City Contact: Anderson Chrysostomo
Signature: :..:,,-
1�
Title: Associate Engineer

SANTA ANA CITY COUNCIL
Telephone: (714) 647-5838
Date: 0 3/t) q' [ ·2& z, >
Valerie Amezcua Jessie Lopez Thai Viet Phan Benjamin Vazquez Phil Bacerra Johnathan Ryan Hernandez David Penaloza Mayor Mayor Pro Tem, Ward3 Ward 1 Ward 2 Ward 4 Ward 5 Ward 6 vamezcye@santa-ana org lessjelooez@santa-ane ora tphan@santa-ana org byazauez@santa-ane,org pbacerra@senta:ana org [email protected] dpenaloze@santa-ena ow EXHIBIT 5
City Council 25 – 16 8/20/2024
CITY OF SANTA ANA FY 24/25CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

Reconstruction/resurfacing of existing pavement and
replacement/installation of missing or damaged, curbs, gutters, sidewalks, driveway approaches, and wheelchair ramps within this segment of roadway.

PROJECT NEED:

The City's Pavement Management Program (PMP) has been
developed to prioritize and recommend the most cost-effective roadway repairs, and maximize the return from available funding for street pavement. This segment of Grand Avenue pavement rehabilitation is identified as a high priority in the PMP.

PROJECT TITLE:

Grand Ave Roadway Rehab:

McFadden Ave to 1st St
PROJECT CATEGORY:

Street Improvements
Arterial Street Rehabilitation

LOCATION MAP
AGENCY: DIVISION: CONTACT: DATE:

Public Works CIP Engineering Jason Gabriel, Principal Civil Engineer 06-Aug-2024 PROJECT COSTS FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 Construction 1,724,379 - - - - - -
Engineering 518,120 - - - - - -
TOTAL 2,242,499 - - - - - -
SOURCE OF FUNDS FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 CMAQ 972,882 - - - - - -
GAS TAX 1,269,617 - - - - - -
TOTAL 2,242,499 - - - - - -
EXHIBIT 6
City Council 25 – 17 8/20/2024
Public Works Agency
www.santa-ana.org/public-works
Item # 26
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 20, 2024
TOPIC: Outdoor Library at Jerome Park

AGENDA TITLE
Construction Contract with Legion Contractors, Inc. for the Outdoor Library at Jerome Park Project (Project No. 22-1381 & 25-7523) (General Fund and Non-General Fund) (Revive Santa Ana)

RECOMMENDED ACTION

1. Approve an amendment to the Fiscal Year 2024-25 Capital Improvement Program to include $3,270,040 of various funding sources listed below for the Outdoor Library at Jerome Park.

2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $3,720,040, which includes $3,336,400 for the construction contract, $50,000 for contract administration, inspection, and testing, and a $333,640 project contingency for unanticipated or unforeseen work.

3. Award a construction contract to Legion Contractors, Inc. the lowest responsible bidder, in accordance with the base bid and alternate bid in the amount of $3,336,400, subject to change orders in accordance with the Greenbook:

Standard Specifications for Public Works Construction, for construction of the Outdoor Library at Jerome Park Project, for a term beginning August 20, 2024, and ending upon project completion, and authorize the City Manager to execute the contract.

4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2024-34 was filed for Project 22-1381.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The Public Works Agency (PWA) maintains most City facilities, including the parks throughout the City of Santa Ana, and delivers a variety of capital improvement projects.

The Outdoor Library at Jerome Park Project aims to activate and revitalize the existing City Council 26 – 1 8/20/2024
Outdoor Library at Jerome Park Project
August 20, 2024

park located at the northeast corner of Center Street and McFadden Avenue (Exhibit 1) into an innovative educational and recreational space with various new amenities catered to serve the surrounding community. This project features a Santa Ana-themed “satellite library” book kiosk and custom lockable shelter, a children’s trike play track to encourage awareness of street and traffic safety, new pedestrian concrete pathways, a “story walk” with library themed signage to help residents learn about water conservation, and new multigenerational playground equipment. The scope of work includes excavation, grading, installation of the library kiosk, playground equipment, concrete sidewalks, concrete accessible curb ramps, resurfacing an existing parking lot, drought-tolerant landscaping, irrigation, overall site lighting, security camera, and signing and striping. These improvements will enhance the health and wellness of the surrounding community by providing new and upgraded educational and recreational activities that will advance safety, equity, access, and support for Santa Ana’s disproportionately impacted children and families.

Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, the City notified a total of 60 regional vendors via PlanetBids, many of which are Santa Ana based. A total of five bids were received. No bids were received from a Santa Ana contractor.

As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on June 5 and June 12, 2024. The project was also advertised in PlanetBids from June 5 through June 26, 2024. Bids were received electronically via PlanetBids on June 26, 2024. No bid protest was submitted by any of the bidders during the bid protest period.

Bid Results Summary
Rank Bidder’s Name Location Base Bid +
Alternate Bid
1 Legion Contractors, Inc. Irvine, CA $3,336,400
2 C.S. Legacy Construction, Inc. Walnut, CA $3,488,950
3 DOJA, Inc. Ontario, CA $3,626,570
4 MBC Enterprises, Inc. Westminster, CA $4,311,189
5 The Nazerian Group Encino, CA $4,654,123
A total of five bids were received and all were deemed responsive. Legion Contractors, Inc. submitted the lowest responsive base bid in the amount of $3,276,400 (Exhibit 2).

As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor’s reference check, staff City Council 26 – 2 8/20/2024
Outdoor Library at Jerome Park Project
August 20, 2024

recommends awarding the construction contract with the alternate bid to Legion Contractors, Inc. (Exhibit 3).

Legion Contractors, Inc. has previously performed work as a prime contractor in the City of Santa Ana within the last five years, most recently the Standard-McFadden (Gerardo Mouet) Park project. A reference check was made internally with staff and good reviews were received regarding the quality of work performed by the contractor on the previous project.

Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes the following:
construction management; implementation of the labor requirements; inspection of the Contractor’s work to ensure contract compliance, workmanship, and quality; and materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $3,720,040.

Project Item Total
Construction Contract Bid Amount $3,336,400
Construction Administration, Inspection, Testing $50,000 Project Contingencies $333,640
TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $3,720,040

ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review pursuant to Sections 15301(a) and 15301(d) of the CEQA Guidelines for projects consisting of interior and exterior alterations, as well as restoration or rehabilitation of structures, facilities, mechanical equipment, and windows.

The proposed project continues to meet these parameters of the CEQA Guidelines, and Categorical Exemption Environmental Review No. ER-2024-34 was filed for Project 22- 1381 on May 7, 2024. (Exhibit 5)

FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the project (22-1381 & 25-7523) is $3,720,040, which includes construction, contract administration, inspection, testing, and authorized contingencies of $383,640. A proposed carry-over of unspent funds will be presented to the City Council in September for approval of carry-overs to FY 2024-25. Additional funding of $300,000 in the Water Utility Capital Projects, Water Capital Project account is available for expenditure in the FY 2024-25 budget. Any remaining balances not expended at the end of the fiscal year will be carried forward into FY 2025-26.

City Council 26 – 3 8/20/2024
Outdoor Library at Jerome Park Project
August 20, 2024

Fiscal
Year
Accounting
Unit - Account
No.
(Project No.)
Fund
Description
Accounting Unit,
Account No. Description Amount
Existing Budget
2024-25
13518783-
66220
(25-7523)
Community
Development
Block Grant
CDBG Programs,
Improvements Other Than
Buildings
$450,000
Budget Available via Proposed Carry Forward to FY24-25
2024-25
18111013-
66220
(22-1381)
American
Rescue Plan
Act (ARPA)
ARPA – Library,
Improvements Other Than
Buildings
$2,613,390
2024-25
01111017-
66220
(22-1381)
General Fund
Library – Service
Enhancement,
Improvements Other Than
Buildings
$156,650
2024-25
01111190-
66220
(22-1381)
General Fund
Library – Tech & Support
Services, Improvements
Other Than Buildings
$100,000
Additional Budget
2024-25
06617647-
66301
(22-1381)
Acquisition &
Construction
Water Uty Capital Projects,
Water Capital Project $300,000
2024-25
05113263-
66220
(22-1381)
Capital
Outlay Fund
Park Improvements,
Improvements Other Than
Buildings
$100,000
TOTAL $3,720,040

EXHIBIT(S)

1. Location Map

2. Bid Proposal

3. Construction Contract

4. Cost Analysis

5. Categorical Exemption Environmental Review No. ER-2024-34

6. FY 2024-25 Capital Improvement Program Sheet
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Brian Sternberg, Executive Director – Library
Approved By: Alvaro Nuñez, City Manager
City Council 26 – 4 8/20/2024

PWA SANTA ANA

PUBLIC WORKS AGENCY
Project No. 22-1381 & 25-7523: Outdoor Library
at Jerome Park Location Map
EXHIBIT 1
City Council 26 – 5 8/20/2024
Addendum No. 3
Project No. 22-1381
City Council 26 – 6 8/20/2024
Addendum No. 3
Project No. 22-1381
City Council 26 – 7 8/20/2024
Addendum No. 3
Project No. 22-1381
City Council 26 – 8 8/20/2024
rev. 08/01/2023 Page 1 of 4

CITY OF SANTA ANA

CONSTRUCTION CONTRACT AGREEMENT
PROJECT NOS.: 22-1381 & 25-7523

OUTDOOR LIBRARY AT JEROME PARK
This CONSTRUCTION CONTRACT is made and entered into this 20th day of August, 2024 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter “CITY”), and Legion Contractors, Inc. (hereinafter “CONTRACTOR”).

WITNESSETH:

The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows:

1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Outdoor Library at Jerome Park Project (hereinafter referred to as the “WORK OF IMPROVEMENT”) identified in and in accordance with the Contract Documents prepared by the City’s Public Works Agency and approved by the City Council.

2. The complete Construction Contract consists of the “Contract Documents” as defined by the Standard Specifications for Public Works Construction and which include the following:
 Notice Inviting Bids
 Information to Bidders
 Bid Proposal
 Bid Bond
 Contract Form
 Contract Bonds
 General Provisions
 Special Provisions
 Technical Provisions and Project Plans
 Community Workforce Agreement
 Appendices
In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction.

3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Three Million Three Hundred Thirty Six Thousand Four Hundred Dollars and No Cents ($3,336,400.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit “A,” and in accordance with Section 2-7.1 of the Greenbook: Standard Specifications for Public Works Construction.

The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any EXHIBIT 3
City Council 26 – 9 8/20/2024

class or portion of the work or to omit portions of the work as may be deemed necessary or advisable.

4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit “A”) including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed.

5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law.

6. If applicable, the CONTRACTOR shall adhere to the CITY’S Community Workforce Agreement (CWA), a pre-hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City’s website at: http://www.santa-ana.org/pwa/documents/CWA.pdf

7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY.

8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price.

9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker’s Compensation Insurance as outlined in the General Provisions, to be approved by the CITY.

10. INDEMNIFICATION.

To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney’s fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following:
(i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier;
City Council 26 – 10 8/20/2024

(ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties;
(iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement.
(vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR.

Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee.

11. FEDERAL FUNDING REQUIREMENTS.

Contractor shall comply, and ensure all subcontractors comply, with all applicable regulations, policies, guidelines and requirements of the Community Development Block Grant (CDBG) program set forth by U.S. Department of Housing and Urban Development for sub-recipients including, without limitation, the funding requirements laid out in Appendix P of the Contract Documents. Contractor’s attention is specifically directed to the following, which are each incorporated herein by this reference:
(i) 2 CFR Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards).
(ii) Program Income – 24 CFR Part 570.500(a)(1)
(iii) Unused Program Income – 24 CFR Part 570.503(b)(3) (iv) Transfers of Program Income – 24 CFR Part 570.504(b)(2) (v) Disposition of Program Income – 24 CFR Part 570.504(c) (vi) Applicability of Uniform Administrative Requirements – 24 CFR § 570.502 (vii) Subpart K of the CDBG Regulations, commencing with 24 CFR § 570.600 (viii) Section 3 Requirements specified herein.
(ix) Federal Contract Provisions specified herein.

With respect to any conflict between such federal requirements and the terms of the Contract Documents and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. Contractor shall be subject to the Davis-Bacon Act. The federal minimum wage rates are attached hereto as Appendix O of the Contract Documents. When the DavisBacon wage rates and California prevailing wage rates differ for similar kinds of labor, the Contractor shall pay not less than the higher rate.

Contractor shall additionally comply with the applicable flow down terms and conditions of the CDBG Funding Agreement, which are attached hereto as Exhibit “B”, and incorporated herein by reference.

Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. [Signatures on the following page]
City Council 26 – 11 8/20/2024

IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written.

ATTEST: CITY OF SANTA ANA
JENNIFER L. HALL ALVARO NUÑEZ
City Clerk Acting City Manager
APPROVED AS TO FORM:

SONIA R. CARVALHO CONTRACTOR:

City Attorney Legion Contractors, Inc.

By:

JOSE MONTOYA NAME:

Assistant City Attorney TITLE:

RECOMMENDED FOR APPROVAL:

NABIL SABA, PE
Executive Director
Public Works Agency
Secretary & Vice President
Saba Khoubanshargh
Nabil Saba Digitally signed by Nabil Saba
Date: 2024.08.01 10:10:27
-07'00'
City Council 26 – 12 8/20/2024
Addendum No. 3
Project No. 22-1381
City Council 26 – 13 8/20/2024
Addendum No. 3
Project No. 22-1381
City Council 26 – 14 8/20/2024
Addendum No. 3
Project No. 22-1381
City Council 26 – 15 8/20/2024
24 CFR 570 form HUD-7082 (5/15)
Funding Approval/Agreement
Title I of the Housing and Community
Development Act (Public Law 930383)
HI-00515R of 20515R
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Community Development Block Grant Program

1. Name of Grantee (as shown in item 5 of Standard Form 424) Santa Ana
3a. Grantee’s 9-digit Tax ID Number
956000785
3b. Grantee’s 9-digit DUNS Number
KZE9G2M4GRX9 (UEI)

2. Grantee’s Complete Address (as shown in item 5 of Standard Form 424) 20 Civic Center Plaza
Santa Ana, CA 92701-0000

4. Date use of funds may begin
07/01/2022
5a. Project/Grant No. 1
B-22-MC-06-0508
6a. Amount Approved
$5,088,771
5b. Project/Grant No. 2

6b. Amount Approved

Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the authority of Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.). The Grantee’s submissions for Title I assistance, the HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions, constitute part of the Agreement. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre-agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary pursuant to Section 104(g) of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by subrecipient entities to which it makes funding assistance hereunder available.

U.S. Department of Housing and Urban Development (By Name) Rufus Washington
Grantee Name (Contractual Organization)
Santa Ana (City of)
Title
CPD Director
Title
Signature
X
Date (mm/dd/yyyy)

Signature
X
Date (mm/dd/yyyy)

7. Category of Title I Assistance for this Funding Action:

Entitlement, Sec 106(b)

8. Special Conditions
(check one)
None
Attached
9a. Date HUD Received Submission
(mm/dd/yyyy)

10. check one
a. Orig. Funding
Approval
b. Amendment
Amendment Number
9b. Date Grantee Notified
(mm/dd/yyyy)
9c. Date of Start of Program Year
7/1/2022

11. Amount of Community Development
Block Grant FY 2022
a. Funds Reserved for this Grantee
b. Funds now being Approved $5,088,771
c. Reservation to be Cancelled
(11a minus 11b)

12a. Amount of Loan Guarantee Commitment now being Approved N/A
12b. Name and complete Address of Public Agency
Loan Guarantee Acceptance Provisions for Designated Agencies:

The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above date with respect to the above grant number(s) as Grantee designated to receive loan guarantee assistance, and agrees to comply with the terms and conditions of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the assistance provided it. 12c. Name of Authorized Official for Designated Public Agency Title
Signature
X
HUD Accounting use Only
Effective Date
Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mm/dd/yyyy) F Y Project Number Amount
Y Project Number Amount
Date Entered PAS (mm/dd/yyyy)

Date Entered LOCCS (mm/dd/yyyy)

Batch Number

Transaction Code

Entered By Verified By
OMB Approval No. 2506-0193
exp 1/31/2025
1 1 7 6
5 3
10/21/2022
City Manager
City Council 26 – 16 8/20/2024

8. Special Conditions.
(a) The period of performance and single budget period for the funding assistance specified in the Funding Approval (“Funding Assistance”) shall each begin on the date specified in item 4 and shall each end on September 1, 2029. The Grantee shall not incur any obligations to be paid with such assistance after September 1, 2029.
(b) The Recipient shall attach a schedule of its indirect cost rate(s) in the format set forth below to the executed Agreement that is returned to HUD. The Recipient shall provide HUD with a revised schedule when any change is made to the rate(s) described in the schedule. The schedule and any revisions HUD receives from the Recipient shall be incorporated herein and made a part of this Agreement, provided that the rate(s) described comply with 2 CFR part 200, subpart E.

Administering Direct
Department/Agency Indirect cost rate Cost Base
________________ ______% _________
________________ ______% _________
________________ ______% _________
________________ ______% _________
________________ ______% _________
Instructions: The Recipient must identify each agency or department of the Recipient that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR §200.414(f)), and the type of direct cost base to which the rate will be applied (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rates for subrecipients.
(c) In addition to the conditions contained on form HUD 7082, the grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS); the System for Award Management (SAM.gov.); the Federal Funding Accountability and Transparency Act as provided in 2 CFR part 25, Universal Identifier and General Contractor Registration; and 2 CFR part 170, Reporting Subaward and Executive Compensation Information.
(d) The grantee shall ensure that no CDBG funds are used to support any Federal, State, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use. For the purposes of this requirement, public use shall not be construed to include economic development that primarily benefits private entities. Any use of funds for mass transit, railroad, airport, seaport or highway projects as well as utility projects which benefit or serve the general public (including energy-related, communicationrelated, water- related and wastewater-related infrastructure), other structures CDA 14.92
City Council 26 – 17 8/20/2024
designated for use by the general public or which have other common-carrier or public-utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownfield as defined in the Small Business Liability Relief and Brownfields Revitalization Act (Public Law 107–118) shall be considered a public use for purposes of eminent domain. (e) The Grantee or unit of general local government that directly or indirectly receives CDBG funds may not sell, trade, or otherwise transfer all or any such portion of such funds to another such entity in exchange for any other funds, credits or non-Federal considerations, but must use such funds for activities eligible under title I of the Act.
(f) E.O. 12372-Special Contract Condition - Notwithstanding any other provision of this agreement, no funds provided under this agreement may be obligated or expended for the planning or construction of water or sewer facilities until receipt of written notification from HUD of the release of funds on completion of the review procedures required under Executive Order (E.O.) 12372, Intergovernmental Review of Federal Programs, and HUD's implementing regulations at 24 CFR Part 52. The recipient shall also complete the review procedures required under E.O. 12372 and 24 CFR Part 52 and receive written notification from HUD of the release of funds before obligating or expending any funds provided under this agreement for any new or revised activity for the planning or construction of water or sewer facilities not previously reviewed under E.O. 12372 and implementing regulations.
(g) CDBG funds may not be provided to a for-profit entity pursuant to section 105(a)(17) of the Act unless such activity or project has been evaluated and selected in accordance with Appendix A to 24 CFR 570 - “Guidelines and Objectives for Evaluating Project Costs and Financial Requirements.” (Source - P.L. 113-235, Consolidated and Further Continuing Appropriations Act, 2015, Division K, Title II, Community Development Fund).

City Council 26 – 18 8/20/2024
Construction Contract $ 3,336,400.00
Construction Engineering $ 50,000.00
Contingencies $ 333,640.00
TOTAL ESTIMATED CONSTRUCTION COSTS $ 3,720,040.00
CONSTRUCTION OF PROJECT NO. 22-1381 & 25-7523: Outdoor Library at Jerome Park

COST ANALYSIS
EXHIBIT 4
City Council 26 – 19 8/20/2024
MAYOR
Valerie Amezcua

MAYOR PRO TEM
Thal Viel Phan
COUNCILMEMBE:RS
Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
[NTERIM CITY MANAGER
Alvaro NU'lez

CITY ATTORNEY
Sonia R. Carvalho

CLERK OF THE COUNCIL
Jennifer L. Hall
Benjamin Vazquez PUBLIC WORKS AGENCY
20 Civic Center Plaza (M-36)
P.O. BOX 1988 •Santa Ana, Californla92702
________ �- �- -�---. __ . ______ .. (714) 647-5690 • fax (711) 647-5823 www.santa-ana.org

NOTICE OF EXEMPTION
From the Requirements of the California Environmental Quality Act (CEQA) Fee Exemption per California Government Code Section 6103 To: COUNTY CLERK From: City of Santa Ana
County of Orange Public Works Agency
P.O. Box 238 20 Civic Center Plaza (M-36)
Santa Ana, CA 92702 Santa Ana, CA 92702
Project Title: Outdoor Library at Jerome Park
Project Number(s): 22-1381
Project Location: 2115 W McFadden Avenue, Santa Ana, CA 92704 City: Santa Ana County: Orange ER Number: ER-2024-34 Date of Approvat 06/01/2021 Project Description: This project will include excavation, grading, Installation of a library kiosk, playground equipment, accessible curb ramps, concrete sidewalk, concrete curbs, grind & overlay of an existing parking lot, landscaping, Irrigation, and signing & striping.

Applicant Name: City of Santa Ana, Public Works Agency
Applicant Address: 20 Civic Center Plaza M-36
Santa Ana, CA 92702
Name of Public Agency Approving Project: City Council
Name FILED of Agency Carrying Out Project: • Public Works Agency Exempt Status:
□ Ministerial (Sec. 15268)
□ Declared Emergency (Sec. 15269 (a))
□ Emergency Project (Sec. 15269 (b through e))
□ General Rule (Sec. 1506_1(b)(3)/(5))
D Statutory Exemption:
@ Categorical Exemption: 15304
Reason(s) Why Project Is Exempt From CEQA:

MAY O 7 2024

ORANGE COUNTY CLERK-RECORDER DEPARTMENT
BY . • _____ c_._H ___ DEPUTY
15304 Involves minor alterations to the condltlon of land and vegetation; project will not involve the removal of healthy mature, scenic trees except for fQrestry purposes.

Signature:

City Conta& -c'22___,,
Valerie Amezcua
Mayor
yamozcua@sama-ana,org
Thal Viet Phan ! Jessie Lopez
Mayor Pro,em, Ward1: Ward3
tohan@s(lnta-ana org \teJ1si111<>oez@vao1Hoa om
Title: Assistant Engineer Telephone: (714) 647-5033
Date: 5 / lo f lOl�

SANTA ANA CITY COUNCIL
. '
l Benjamin Va:zquaz. Phi! Becerra ] Johnathan Ryan Hernandez i Davitl Penaloza : Ward 2 Ward 4 : Ward 5 ! Ward ll
�[email protected] pbacerra@sante,-ana.org;lrvanhemand0z@sanJa-ana,[email protected] EXHIBIT 5
City Council 26 – 20 8/20/2024
FY 24/25 FY 27/28 FY 28/29 FY 29/30
3,420,040 - - -
300,000 - - -
3,720,040 - - -
FY 24/25 FY 27/28 FY 28/29 FY 29/30
100,000 - - -
2,613,390 - - -
100,000 - - -
450,000 - - -
156,650 - - -
300,000 - - -
3,720,040 - - -
AGENCY: DIVISION: CONTACT: DATE:

Library Administration Maria Castro, Management Analyst- Library 31-Jul-2024

TOTAL - - -

WATER CAPITAL - - -

GENERAL FUND - - -
CDBG Programs - - -

CAPITAL OUTLAY/CELL TOWER - - -
ARPA Funds - - -
SOURCE OF FUNDS FY 25/26 FY 26/27 FY 30/31

GENERAL FUND - - -

TOTAL - - -
PROJECT COSTS FY 25/26 FY 26/27 FY 30/31
Construction - - -
Engineering - - -
CITY OF SANTA ANA FY 24/25CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

Outdoor Library at Jerome Park
PROJECT NEED:

Create an Outdoor Public Library that will include the installation of an innovative 24-hour "satellite library" kiosk at the southwest end of Jerome Park. The satellite library will incorporate learning and recreation-based play experiences that will advance equity, access, and provide support for Santa Ana's disproportionately impacted children and families.

PROJECT TITLE:

Outdoor Library @ Jerome Park
PROJECT CATEGORY:

City & Park Facility Improvements
Park Facility

LOCATION MAP
EXHIBIT 6
City Council 26 – 21 8/20/2024
Public Works Agency
www.santa-ana.org/public-works
Item # 27
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 20, 2024
TOPIC: Legacy Square Transportation Improvements

AGENDA TITLE
Award a Construction Contract to CJ Concrete Construction for the Legacy Square Transportation Improvements Project (Project No. 22-9001(20-AHSC-14700)) (NonGeneral Fund)

RECOMMENDED ACTION

1. Award a construction contract to CJ Concrete Construction, the lowest responsible bidder, in accordance with the base bid in the amount of $1,433,200, subject to change orders in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the Legacy Square Transportation Improvements Project, for a term beginning August 20, 2024, and ending upon project completion, and authorize the City Manager to execute the contract.

2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,798,079, which includes $1,433,200 for the construction contract; $221,559 for contract administration, inspection, and testing; and a $143,320 project contingency for unanticipated or unforeseen work.

3. Determine that, pursuant to the California Environmental Quality Act (CEQA), the recommended actions are exempt from further review pursuant to Section 15301(c) of the CEQA guidelines for projects consisting of highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities. The proposed project continues to meet these parameters of the CEQA guidelines, and Categorical Exemption Environmental Review No. ER-2023-92 was filed for Project 22-9001.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The Public Works Agency (PWA)’s Engineering Services is responsible for managing roads, transportation network, and the administration and oversight of all Capital Improvement Projects in the city. The City received a grant from the State of California’s Affordable Housing and Sustainable Communities (AHSC) Program for improvements in City Council 27 – 1 8/20/2024
Legacy Square Transportation Improvements
August 20, 2024

association with the Legacy Square Affordable Housing project recently completed on Santa Ana Boulevard and French Street. The AHSC grant funds projects that make it easier for Californians to drive less by ensuring housing, jobs, and key destinations are accessible by walking, biking, and transit. The Legacy Square Transportation Improvements project will construct bicycle and pedestrian improvements to increase accessibility from the Santa Ana Regional Transportation Center (SARTC) to residential neighborhoods and downtown businesses.

The project will construct class II bicycle lanes (dedicated striped-bike lane) on Santiago Street from Washington Avenue to SARTC (Exhibit 1 & 2) for bicycle safety. The bicycle lane will have a buffer between the travel lanes. Pedestrian safety will also be improved by the project by adding curb bulb-outs to reduce vehicular speeds through intersections and shortening pedestrian crossing distances, installing ADA compliant curb ramps, and removing sidewalk tripping hazards. A pocket park at Santa Ana Boulevard and Mortimer Street will also be constructed with this project to enhance the community. Landscaping, irrigation, benches, trash receptacles, and lighting will be part of the pocket park.

Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, the City notified a total of 69 regional vendors via PlanetBids, many of which are Santa Ana based. Furthermore, staff specifically reached out to Santa Ana vendors to encourage their participation in bids. A total of five bids were received. No bids were received from any Santa Ana contractors.

As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on May 13, 2024. The project was also advertised in PlanetBids from May 13, 2024 through June 4, 2024. Bids were received electronically via PlanetBids on June 4, 2024.

Bid Results Summary
Rank Bidder’s Name Location Base Bid
1 CJ Concrete Construction Santa Fe Springs, CA 1,433,200 2 I E General Engineering Beaumont, CA 1,512,370
3 Hardy & Harper, Inc. Lake Forest, CA 1,525,000
4 All American Asphalt Corona, CA 1,543,187
5 Vido Samarzich, Inc. Rancho Cucamonga, CA 1,578,650
A total of five bids were received and the lowest four were deemed responsive. CJ Concrete Construction submitted the lowest responsive base bid in the amount of City Council 27 – 2 8/20/2024
Legacy Square Transportation Improvements
August 20, 2024

$1,433,200 (Exhibit 3). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor’s reference check, staff recommends awarding the construction contract to CJ Concrete Construction for the base bid of $1,433,200 (Exhibit 4), excluding the alternate bid.

CJ Concrete Construction has previously performed work as a prime contractor in the City of Santa Ana within the last five years, most recently completing the Civic Center Plaza Sidewalk Improvement Project. A reference check was made with staff and good reviews were received regarding the quality of work performed by the contractor on previous projects.

Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management and implementation of the labor requirement. As indicated in the Cost Analysis (Exhibit 5) and as summarized in the table below, the estimated total construction delivery cost of the project is $1,798,079.

Project Item Total
Construction Contract Bid Amount $1,433,200
Construction Administration, Inspection, Testing $221,559 Project Contingencies $143,320
TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $1,798,079

ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (CEQA), the recommended actions are exempt from further review pursuant to Sections 15301(c) of the CEQA guidelines for projects consisting of highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities. The proposed project continues to meet these parameters of the CEQA guidelines, and Categorical Exemption Environmental Review No. ER-2023-92 was filed for Project 22-9001. (Exhibit 6)

FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the project (22-9001) is $1,798,079, which includes construction, contract administration, inspection, testing, and authorized contingencies of $143,320. Funds were available in the Affordable Housing AHSC Program, Improvements Other Than Buildings account (41818832-66220) in FY 23-24. Therefore, a proposed carryover of unspent funds will be presented to the City Council in September for approval of carryovers to FY 24-25.

City Council 27 – 3 8/20/2024
Legacy Square Transportation Improvements
August 20, 2024

EXHIBIT(S)

1. Location Map

2. Project Concept Drawing

3. Bid Proposal

4. Construction Contract

5. Cost Analysis

6. CEQA – Categorical Exemption Environmental Review No. ER-2023-92 Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager
City Council 27 – 4 8/20/2024
PWA

SANTA ANA

PUBLIC WORKS AGENCY
Project No. 22-9001:

Legacy Square Transportation Improvements
Project
Exhibit 1
SARTC
POCKET
PARK
City Council 27 – 5 8/20/2024
EXHIBIT 2

EXISTING CONDITIONS

SANTIAGO STREET
(NO BIKE LANE)
ꢀ
ꢁ ■
.ꢀ■. ꢁ-,
9' 8' 16' 14' 16'
No turn lane
8' 9'
Sidewalk tree Parking lane No turn lane Center turn lane Parking lane Sidewalktree

PROPOSED CONDITIONS

SANTIAGO STREET
(WITH CLASS II BIKE LANE)
•
- - - ꢀ ꢀ .ꢁ. ꢁ ꢀ(
■ ■
iMBꢀi
9' 8' S' 3' 10' 10' 10' 3' S' 8' 9'
Sidewalk tree Parking lane No turn lane Centerturn lane No turn lane Parking lane Sidewalk tree

SANTA ANA LEGACY SQUARE
1 1
PWA

TRANSPORTATION IMPROVEMENTS
1 1 SANTIAGO STREET
BIKE LANE TYPICAL LAYOUT ꢀ IC ꢁS ꢂꢃY
City Council 27 – 6 8/20/2024

SPEED CUSHIONS SPEED CUSHIONS
City Council 27 – 7 8/20/2024

BULB-OUT

BULB-OUT

TYPICAL
City Council 27 – 8 8/20/2024

EXISTING CURB-TO-CURB STREET CROSSING WIDTH

REDUCED CURB-TO-CURB STREET CROSSING WIDTH

TYPICAL BULB OUT
City Council 27 – 9 8/20/2024
EXHIBIT 3
City Council 27 – 10 8/20/2024
City Council 27 – 11 8/20/2024
City Council 27 – 12 8/20/2024
EXHIBIT 4

CITY OF SANTA ANA

CONSTRUCTION CONTRACT
PROJECT 22-900I

LEGACY SQUARE TRANSPORTATION IMPROVEMENTS
st
This ꢀONSTRUꢀTION ꢀONTRAꢀT is made and entered into thꢏs 20 day of August, 2024 by and between thꢑ ꢀꢏty of Santa Ana, ꢀaliꢁꢂꢃiaꢄ a charter city and 111unicꢊpaꢅ coꢍpoꢒation organized and exꢆstꢏng undꢑr the ꢀonstitution and ꢅaws of the State of ꢀaꢅꢆꢇꢈꢉꢊa (hereꢋnaꢌeꢍ "ꢀITY"), and ꢀJ ꢀoncrete ꢀonstruction ꢎhereꢏnaꢐꢑꢒ "ꢀONTRAꢀTOR").

WITNESSETH:

The ꢀITY and the ꢀONTRAꢀTOR, foꢍ the consideratꢊon hereinafteꢒ na111ed, 111utuaꢅꢅy agree as fꢂllows:

I. ꢀONTRAꢀTOR agꢒees to pꢑrꢓꢔm aꢅꢅ the woꢒk and furnish aꢅꢅ the materials at ꢏts own cost and expensꢑ necessary to construct and complete in a good and workmanlike 111anneꢍ and to the satisꢇaction of the ꢀity Engꢏneer of the ꢀITY, the Legacy Square Transportation Improvements Project ꢕhꢑꢖeꢗnaꢘeꢖ ꢒeꢙꢖꢒꢚd to as the "WORK OF IMPROVEMENT") ꢏdentꢏfied ꢏn and in accoꢖdance with the ꢀontract Docu111ents prepared by thꢑ ꢀity's Public Works Agency and approved by the ꢀꢆty ꢀounciꢅ.

2. The co111plete ꢀonstruction ꢀontract consists ofthe "ꢀontract Documents" as defined by the Standaꢒd Specꢗfications ꢛr Public Works ꢀonstruction and which incꢅude the fꢂꢅlowing:
•
•
•
•
•
•
•
•
•
•
•
Notice Inviting Bids
Inꢇꢂrmatꢏon to Bidders
Bid Proposal
Bid Bond
ꢀontract Farm
ꢀontract Bonds
Generaꢅ Provisions
Specꢏal Provisions
Technꢏcal Provisꢏons and Project Pꢅans
ꢀommuniꢠy Workfꢈrce Agreement
Appendices
In case of confꢅꢏct between the ꢀontract Documents, the pꢍecedence of documꢑnts shaꢅꢅ be as establꢏshed ꢏn the Standard Specꢆficatꢆons ꢇꢂr Publꢗc Works ꢀonstructꢏon.

3. ꢀITY agꢍees to pay and ꢀONTRAꢀTOR agrees to accꢑpt in full payment to complete the WOIU( OF IMPROVEMENT the sum totaꢅ aꢞ11ount not ꢠo exceed One Miꢅlꢏon Four Hundred Thirty-Threꢑ Thousand Two Hundꢒed Dollaꢖs and No ꢀents ($1,433,200.00), as set ꢁꢂrth and ꢏdentꢏfied in the BID PROPOSAL, which ꢏs attached hereto and incorporated herein as Exhꢏbit "A," and in accordance with Section 2-7.1 of the Gꢒeenbook: Standard Specꢏficatꢏons fꢈr Public Works ꢀonstructꢊon.

The BID PROPOSAL contains a scheduꢅe of unit price(s) or ꢅu111p su111(s) based on apprꢜꢝiꢞꢟaꢠe quantities onꢅy, and the ꢀity does not expꢍessꢅy or by i111pꢅication agree that the actual amount ofwork wiꢅl corrꢑspond therewith, but reserves the ꢒight to increase or decꢒease the amount of any cꢅass oꢒ portion of the work or to omꢏt portꢏons of the work as 111ay be dee111ed necessary or advisable. rev. 09/0lCity Council /2017 27 – 13 P8/20/2024 age 1 of3 City Council 27 – 14 8/20/2024
Digitally signed by Nabil
Saba Nabil Saba Date: 2024.08.05 11:48:18
-07'00'
City Council 27 – 15 8/20/2024
City Council 27 – 16 8/20/2024
City Council 27 – 17 8/20/2024
City Council 27 – 18 8/20/2024
EXHIBIT 5
Construction Contract $ 1,433,200.00
Contract Administration, Inspection and Testing $ 221,559.00 Contingencies $ 143,320.00
TOTAL ESTIMATED CONSTRUCTION COSTS $ 1,798,079.00
CONSTRUCTION OF PROJECT NO. 22-9001: Legacy Square Transportation Improvements

COST ANALYSIS
City Council 27 – 19 8/20/2024
POSTED
AUG O 8 2023
ORANGE COUNTY CLERK-RECORDER DcPARTMENT
MAYOR BY: C . c.. DEPU ...dl!!llb...

Valerle Amezcua ___ __::::...-.,;;;;._-- MAYOR PRO TEM
Jessie Lopez

COUNCILMEMBERS
Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza

CITY MANAGER
Kristine Ridge

CITY ATTORNEY
Sonia R. Carvalho

CLERK OF THE COUNCIL
Jennifer L Hall
Thal Viet Phan
Benjamin Vazquez PUBLIC WORKS AGENCY FILED
20 Civic Center Plaza (M-36)
P.O. BOX 1988 • Santa Ana, California 92702
(714) 647-5690 • Fax (714) 647-5823
www.santa-ana.org

NOTICE OF EXEMPTION
AUG O 8 2023
ORANGE COUNTY CLERK-RECORDER DEPAATt.,EtlT
BY: ____ s;;_..:_ c__ DEPUTY
From the Requirements of the California Environmental Quality Act (CEQA) To: COUNTY CLERK
County of Orange
P.O. Box238
Santa Ana, CA 92702
Project Title: Legacy Square Transportation Improvement Project Number(s): 22"9001
Project Location: Various Locations in the Transit Zoning Area City: Santa Ana County: Orange ER Number: ER-2023-92
From: City of Santa Ana
Public Works Agency
20 Civic Center Plaza (M�36)
Santa Ana, CA 92702
Date of Approval: 06/08/2021
Project Description: l t ns a a I0n o II t· f b'k I I II d h' I e anes c ass , spee cus ions, park improvement, sidewalk repair/construction, crosswalks, curb extensions, and curb ramps.

Applicant Name: City of Santa Ana, Public Works Agency
Applicant Address: 20 Civic Center Plaza M-36
Santa Ana, CA 92702
Name of Public Agency Approving Project
Name of Agency Carrying Out Project:

City Council
Public Works Agency 30-0'6 l0gl?023- 0�3 ...

Exempt Status:
□ Ministerial (Sec. 15268)
D Declared Emergency (Sec. 15269 (a))
D Emergency Project (Sec. 15269 (b through e))
D General Rule (Sec. 15061(b)(3)/(5))
D Statutory Exemption:
lt1 Categorical Exemption: 15301 (c)
Reason(s) Why Project Is Exempt From CEQA:

Recorded In Official Records, orange county
1rm1111m1��lllii1�mnnni1�1m 11111111w1 N ° FEE
* $ R O O 1 4 4 9 5 9 8 6 $ *
202385000694 3:18 pm 08/08/23
477 Vitlndx Z01

0.00 50.00 0.00 0.00 0.00 0.00 0.00 0.00
15301 (c) Exhibits highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities.

City Contact: Anderson Chrysostomo
Signature: .. � Title: Associate Engineer

SANTA ANA CITY COUNCIL
Telephone: (714) 719-0015
Date: 0 Bio B/zo 'b s
Valerlo Amezcua Jessie Lopez Thal Viet Phan Benjamin Vazquez Phll Bacerra Johnathan Ryan Hemandez Oav!d Penaloza Mayor Mayor Pro Tem, Ward3 Ward 1 Ward 2 Ward4 Ward5 Wards yamezcua@san!&;ana org l!mlelopez@saola:eoa.org lphan@senfa-ana org bwzauez@saota-ena org obecerm@uota:ano,Q/'9 jryanhemandez@seof11:ana oro docnaloza@saota-aaa ora EXHIBIT 6
City Council 27 – 20 8/20/2024
Public Works Agency
www.santa-ana.org/public-works
Item # 28
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 20, 2024
TOPIC: Construction Management at Risk Services for the State Building Demolition Project

AGENDA TITLE
Agreement with Bernards Bros, Inc., for Construction Management at Risk Services for the State Building Demolition Project (Project No. 24-9002) (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Bernards Bros, Inc. to perform Construction Management at Risk services for the State Building Demolition Project in the amount of $765,481, with a contingency of $84,519, for a total amount of $850,000, for a two-year term beginning August 20, 2024 and expiring August 19, 2026, with an option for two, one-year extensions (Agreement No. A-2024-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The Public Works Agency (PWA)’s Engineering Division is responsible for the administration and oversight of all Capital Improvement Projects in the city. The City received grant funding from the State for the acquisition of the State Building and modernization of the Civic Center. On December 28, 2023, the City of Santa Ana purchased the State Building located at 28 Civic Center Plaza (Exhibit 1) and is proposing to demolish the building with the intent of facilitating future development. The State Building consists of an 8-story concrete structure with 191,832 square feet, approximately 183 ft. by 131 ft. To facilitate an expedited timeline for demolition, a Construction Manager at-Risk (CMAR) delivery method was recommended. This will allow for a single entity to prepare the plans, publicly bid the project, and oversee the demolition. The demolition will be implemented in two phases. The first includes the predemolition planning including environmental analysis and preparation of plans and specifications for the demolition. At the completion of the construction document phase, Bernard Bros, Inc. will prepare a Guaranteed Maximum Price (GMP) for the demolition and site work. Staff will negotiate with Bernard Bros, Inc. and, if mutually agreed upon, will return to the City Council with a recommendation to amend the contract for the phase two demolition and site work scope. The first phase is expected to be completed in six months, with the second phase finishing by December 2025.

City Council 28 – 1 8/20/2024
Construction Management for the State Building Demolition Project August 20, 2024

In addition to preparing Engineering plans and documents for the demolition of the State Building, the scope of work includes the preparation of engineering plans to remove portions of the Civic Center Plaza to accommodate the demolition and provide a secure, contiguous space so pedestrians can maneuver throughout the Civic Center. As an interim condition, the demolished space will be converted to accommodate parking spaces along with irrigation, landscaping, and security lighting.

On April 3, 2024, the Public Works Agency released Request for Qualifications (RFQ) No. 24-032, by which it sought a qualified firm to provide CMAR services with special skills and knowledge in the field of construction management, engineering, demolition, landscape architecture, and administrative services to develop and provide engineering plans for the State Building Demolition project.

The RFQ was advertised on the City’s online procurement management and publication system, with proposals due June 12, 2024. One proposal was received and evaluated by a selection committee. Based on criteria outlined in the RFQ, the following summarizes the responding firm.

Firm City Rank
Bernards Bros, Inc. Irvine, CA 1
Staff recommends awarding an agreement (Exhibit 2) to Bernards Bros, Inc. to provide full construction document services upon the scope of work and selection criteria outlined in RFQ 24-032. Bernards Bros, Inc., will provide general construction management at risk services including engineering drawings, constructability review, and public bidding services. Their proposal demonstrated the firm has the necessary capacity and expertise to complete the required services. The firm’s rates are reasonable and within industry standards, the team qualifications are appropriate for this project, and the proposal was determined to provide the best value for the City.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.

FISCAL IMPACT
Funds in the amount of $850,000 were available in the Modernization of SA Civic Center, Buildings and Building Improvements account (41818833-66200) in FY 2023-

24. Therefore, a proposed carry-over of unspent funds will be presented to the City Council in September for approval of carry-overs to FY 2024-25.

EXHIBIT(S)

1. Location Map

2. Consultant Agreement with Bernards Bros, Inc.

Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager
City Council 28 – 2 8/20/2024
PWA

SANTA ANA

PUBLIC WORKS AGENCY
PAGE 1 OF 2

ATTACHMENT A

DEMOLITION OF THE STATE BUILDING
RFP 24-032
LEGEND

SANTA ANA BLVD ROSS ST

COURT OF
APPEAL
(STATE)

CITY HALL
(CITY)

ROSS ANNEX
(CITY)

OC PUBLIC

LAW LIBRARY
(COUNTY)

USCIS SANTA

ANA FIELD
OFFICE
(FEDERAL)
STATE

BUILDING
(CITY)

COUNCIL

CHAMBERS
(CITY)

PARKING

STRUCTURE
(CITY) RFQ 1
N.T.S

PEDESTRIAN
BRIDGE
(COUNTY)

LOADING
DOCK
(CITY)

PLAZA OF

THE FLAGS
(COUNTY) LOCATION MAP

PROJECT LIMITS
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Nabil Saba Digitally signed by Nabil Saba
Date: 2024.08.05 10:59:02
-07'00'
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Public Works Agency
www.santa-ana.org/public-works
Item # 29
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 20, 2024
TOPIC: Landscape Maintenance Services for Water Facilities and Corporate Yard

AGENDA TITLE
Agreement with Mariposa Landscape Inc. for Landscape Maintenance Services at Water Production Facilities and the Corporate Yard (Specification No. 24-018) (NonGeneral Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Mariposa Landscape Inc. for landscape maintenance services for a three-year term beginning August 20, 2024 and expiring August 19, 2027, with a provision for two, one-year renewal options, for an aggregate amount of $695,760, including a contingency of $160,560, for the term of the agreement, including renewal options exercisable by the City Manager (Agreement No.

A-2024-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The Public Works Agency (PWA)’s Water Resources Division is responsible for landscape maintenance at 26 water enterprise facilities, such as well sites, pump stations, and the Corporate Yard. Landscape maintenance services include mowing, weed mitigation and removal, trash removal and disposal, and irrigation system maintenance. In addition to these routine maintenance services, the proposed agreement includes repairs and renovations/beautification on an as-needed basis at the sites outlined in the RFP as requested by staff. To allow for such repairs and renovations/beautification projects, the proposed agreement includes a contingency amount of $160,560, or approximately 23% of the base compensation amount of the agreement.

On March 11, 2024, PWA issued Request for Proposals (RFP) No. 24-018 (Exhibit 1) for landscape maintenance services at 26 water facilities and the City’s Corporate Yard.

The RFP was advertised on the City’s PlanetBids website. Fourteen bids were received and six were determined to be responsible and responsive to the specifications and met the City’s requirements. Six proposals were evaluated by a selection committee based on the criteria as outlined in the RFP. Below is a summary of the RFP results.

City Council 29 – 1 8/20/2024
Landscape Maintenance Services for Water Facilities and Corporate Yard Aug 20, 2024

248 Vendors Notified
1 Santa Ana Vendor Notified
42 Vendors Downloaded the Bid Packet
14 Bids Received
1 Bid Received from a Santa Ana Vendor
The list of the firms and each respective ranking is as follows:

Firm City Rank
Mariposa Landscapes, Inc. Irwindale, CA 1
Southern California Tree and Landscape
Management, Inc.

Torrance, CA 2
New Generation Landscape Management, Inc. San Bernardino, CA 3 Master Landscape & Maintenance, Inc. Westminster, CA 4
Greentech Landscape Inc. Whittier, CA 5
Greenfield Landscaping & Maintenance, Inc. Hacienda Heights, CA 6 Staff recommends awarding an agreement to Mariposa Landscape, Inc. for Landscape Maintenance services (Exhibit 2). The firm’s rates are reasonable and within industry standard and the proposal was determined to provide the best value for the City.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.

FISCAL IMPACT
The current fiscal year funding is available in the FY 2024-25 budget and future fiscal year funding will be included in the proposed budgets for City Council consideration.

Fiscal
Year
Accounting
Unit –
Account #
Fund
Description
Accounting Unit, Account
Description
Amount
06017640-
62300
Water Water Utility Water
Production & Supply
Contract Services -
Professional
$99,036
2024-25
08517138-
62300
City Yard
Operation
City Yard Operations
Contract Services -
Professional
$40,116
2025-26
06017640-
62300
Water Water Utility Water
Production & Supply
Contract Services -
Professional
$99,036
City Council 29 – 2 8/20/2024
Landscape Maintenance Services for Water Facilities and Corporate Yard Aug 20, 2024

Fiscal
Year
Accounting
Unit –
Account #
Fund
Description
Accounting Unit, Account
Description
Amount
08517138-
62300
City Yard
Operation
City Yard Operations
Contract Services -
Professional
$40,116
06017640-
62300
Water Water Utility Water
Production & Supply
Contract Services -
Professional
$99,036
2026-27
08517138-
62300
City Yard
Operation
City Yard Operations
Contract Services -
Professional
$40,116
Renewal Option
06017640-
62300
Water Water Utility Water
Production & Supply
Contract Services -
Professional
$99,036
2027-28
08517138-
62300
City Yard
Operation
City Yard Operations
Contract Services -
Professional
$40,116
06017640-
62300
Water Water Utility Water
Production & Supply
Contract Services -
Professional
$99,036
2028-29
08517138-
62300
City Yard
Operation
City Yard Operations
Contract Services -
Professional
$40,116
TOTAL $695,760

EXHIBIT(S)

1. RFP 24-018 Landscape Services for Water Facilities and Corporate Yard

2. Mariposa Landscape Inc. Agreement
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager
City Council 29 – 3 8/20/2024
EXHIBIT 1
REQUEST FOR PROPOSAL NO.: 24-018
FOR

LANDSCAPE MAINTENANCE SERVICES

FOR WATER FACILITIES AND CITY CORPORATE YARD

CITY OF SANTA ANA

PUBLIC WORKS AGENCY
220 S Daisy Avenue, Building A
Santa Ana, CA 92703
Kathia Reyes
Project Manager
(714) 647- 3319 Office
[email protected]
Approved for Release:
ꢀꢁ Nabil Saba, PE
Executive Director
Public Works Agency
KEY RFP DATES: (Subject to change at the discretion of City):

Issue Date: Monday, March 11, 2024
Friday, March 22, 2024
Friday, April 5, 2024, 12:00 P.M.

Tuesday, May 21, 2024
Deadline for Requests for Information:

Proposal Due Date:

Projected Award Date:

City Council 29 – 4 8/20/2024

CITY OF SANTA ANA

TABLE OF CONTENTS
I. BACKGROUND..............................................................................................................................3 II. OVERVIEW OF PROJECT ............................................................................................................3 III. SCOPE OF SERVICES..................................................................................................................3 IV. TERM OF AGREEMENT................................................................................................................3 V. MINIMUM QUALIFICATIONS ........................................................................................................3 VI. RESPONSE TO RFP .....................................................................................................................4 VII. CERTIFICATIONS (ATTACHMENTS) ...........................................................................................7 VIII. REFERENCES...............................................................................................................................7 IX. MINIMUM SCOPE AND LIMIT OF INSURANCE...........................................................................8 X. SELECTION PROCEDURES & CRITERIA....................................................................................9 XI. WITHDRAWALS...........................................................................................................................11 XII. GENERAL TERMS AND CONDITIONS.......................................................................................11 XIII. AWARD OF AGREEMENT ..........................................................................................................16 XIV.IMPLEMENTATION......................................................................................................................16

EXHIBITS
Exhibits provided herein for Proposers’ reference only.

EXHIBIT I – SCOPE OF SERVICES
EXHIBIT II – SITE LOCATIONS
EXHIBIT III – SAMPLE AGREEMENT

ATTACHMENTS
A
B
C
D
E
F
PROPOSER’S CERTIFICATION, PROPOSAL ITEM PRICING

REFERENCES
PROPOSER’S STATEMENT

NON-COLLUSION AFFIDAVIT

NON-LOBBYING CERTIFICATION

NON-DISCRIMINATION CERTIFICATION
City Council 29 – 5 8/20/2024

CITY OF SANTA ANA
I. BACKGROUND
Incorporated in 1886, Santa Ana, a Charter City, established a Council-Manager form of government in 1952. The City Council is composed of seven members; the Mayor elected at large and six Council members elected by ward, who appoint the City Manager, City Attorney and Clerk of the Council. The City of Santa Ana (City) is a full-service City with a diverse population of approximately 335,000.

The City’s eleven agencies provide all the traditional municipal services, as well as water utility, library system, 20-acre zoo, City Jail, Police Department, and contracts with the Orange County Fire Authority for provision of fire services. The City employs 1,178 authorized full-time positions and has an annual citywide budget is $646 million, including the General Fund budget of $316 million.

The City of Santa Ana is located 10 miles inland from the Pacific Ocean, 33 miles southeast of Los Angeles and 90 miles north of San Diego. The City, which is the county seat of Orange County, encompasses an area of approximately 27 square miles and is the 11th largest by population in California.

II. OVERVIEW OF PROJECT
The City of Santa Ana (City) is seeking Request for Proposals (RFP) for landscape maintenance services for Water Facilities, City Yard, and the Santa Ana Regional Transportation Center (SARTC). A detailed scope of work is included in EXHIBIT 1: SCOPE OF SERVICES of this RFP.

III. SCOPE OF SERVICES
SEE EXHIBIT I – SCOPE OF SERVICES
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.

Numerous factors will be evaluated by the City in its delivery of project and assignments, including technical expertise required.

IV.

V.

TERM OF AGREEMENT
The anticipated term of the agreement is for an initial period of three (3) years. The City may, at its discretion, extend the agreement with the same or more limited scope of required services for two (2) additional one (1) year periods, upon mutual agreement contingent upon City Council approval, or City Manager or City Attorney authorization, as appropriate. The total term of the awarded agreement shall not exceed five (5) years.

MINIMUM QUALIFICATIONS
Bidder must have a minimum five years’ experience providing the same or similar services to public agencies.

City Council 29 – 6 8/20/2024

CITY OF SANTA ANA
VI. RESPONSE TO RFP
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 e-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:
http://www.planetbids.com/portal/portal.cfm?CompanyID=20137.

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.

Proposals shall NOT be sent via telegraphic, electronic, or facsimile means.

All notifications, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. 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 Project Coordinator(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.

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 Project Manager(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.

City Council 29 – 7 8/20/2024

CITY OF SANTA ANA
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.

General process questions may be directed to the following:

Kathia Reyes
Project Manager
[email protected]
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://www.planetbids.com/portal/portal.cfm?CompanyID=20137.

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.

G. 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.

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1. Statement of Qualifications (SOQ)
SOQ must include a Table of Contents and be limited to a MAXIMUM of 10 DOUBLE SIDED 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. Font size shall be minimum 11-point Arial. Proposal exhibits shall be maximum 11” x 17”.

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:

Kathia Reyes, Project Manager
City of Santa Ana – Public Works Agency
220 Daisy Avenue, Bldg A
Santa Ana, CA 92702
b. Services Provided
A description of proposed services to be provided and how they meet the needs of the City as described in Section III – Scope of Services (Above). c. Agreement Statement
Proposal shall include a statement outlining your concurrence or concerns with any and all provisions as contained in EXHIBIT III – Sample Agreement of this RFP (if any).
d. Firm and Team Experience
Proposal shall include a profile of the firm’s experience. Include resumes of project team/sub-contractors that outline their technical and design experience. At a minimum, this should include the project manager/principal agent, associates in charge when project manager/principal agent is unavailable, key personnel, firm size, and an organizational chart identifying only those who will perform work for the proposed project and the percentage of each individual’s time devoted to this project. The project manager/principal agent shall be the primary contact person to represent your firm. e. Understaning Scope of Services
Proposal shall include an outline which demonstrates the firm’s understanding of the scope of work. This outline should include anticipated approach, tasks necessary for successful completion, and suggestions or special concerns that the City should be made aware of.
f. References
Attachment B – References shall be submitted for similar projects performed for state and/or similar government clients within the last five (5) years.

2. Cost Proposal
All Proposers are required to submit a fixed rate fee with their Cost Proposal. 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 City Council 29 – 9 8/20/2024

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the right to negotiate compensation and/or payment schedule prior to award of any resulting agreement.

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.

If providing hourly rate sheets, Proposer shall not include rate ranges or averages.

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.

H. PROTEST
Proposers with concerns or rebuttal of any staff determination of non-responsiveness or nonresponsibility may submit, in writing within five (5) business days, to the Project Manager, any concerns regarding the RFP process or staff determination. Such writing shall be considered by the City Manager or his designated representative, and may be acted upon within five (5) business days. If no action is taken within such time, there shall be no change to the staff determination. The exercise by Proposer of its right to submit written concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder.

VII. 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:
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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
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: City will not waive notarization requirement when applicable on any of the required attachments.

VIII. 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 City Council 29 – 10 8/20/2024

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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:
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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.

IX. MINIMUM SCOPE AND LIMIT OF INSURANCE
The selected Proposer shall provide the required evidence of insurance coverage as set forth in the standard agreement within ten (10) business days after receipt of Notice of Intent to Award.

Contractor must maintain, for the duration of its contract, insurance coverages as required by the City.

Additionally, Contractor shall provide the following insurance coverage:

Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies.

2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits.

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, policy or employee, for bodily injury or disease.

If Vendor maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Vendor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Other Insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the following provisions:

1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Vendor’s CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations.

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2. Vendor’s 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 Vendor under this Agreement.

3. For any claims related to this contract, Vendor’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. A severability of interest provision must apply for all the additional insureds, ensuring that Vendor’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. Insurance policies 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 of premium.

6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, 20 Civic Center Plaza, Santa Ana, CA 92701. The name and location of project must 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. The City may require the Vendor 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
Vendor 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 before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Vendor’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.

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.

X. SELECTION PROCEDURES & CRITERIA
A. 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.

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B. Proposers will be ranked by the review committee based on the following criteria:

CATEGORY POINTS
Responsiveness to RFP
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Proposal’s compliance with the requirements of this RFP.

Scope of Services offered including ability to provide optional services. 30 Experience of Firm and Personnel
 The experience, resources, and qualifications of the firm and individuals assigned to this account, including manager, supervisor and assigned staff.
15 Relevant Project Experience
Cost of Proposal
15 30  Fees
 Hourly Rates for as-needed requests
References
 References that are similar in size and project scope to the City. 10 TOTAL POSSIBLE SCORE 100
C. 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.

D. 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 nonresponsive 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.

E. The review committee may invite the proposers to interview. 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.

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XI. 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.

XII. 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.

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 City Council 29 – 14 8/20/2024

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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. Precontractual 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.

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 City Council 29 – 15 8/20/2024

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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.

J. 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 III – 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
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. 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.

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N. 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.

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 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.

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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 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.

Z. 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 City Council 29 – 18 8/20/2024

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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.

XIII. 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 III 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.

XIV. 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

INTRODUCTION AND BACKGROUND
The City of Santa Ana, Water Resources Division issues this bid document to procure full and complete contract landscape maintenance at designated sites, herein described, and that such sites be kept in a healthy, weed-free, vigorous, and well-kept state at all times. The Contractor shall provide at his own risk and cost all labor, materials, tools, equipment, traffic control and miscellaneous devices, transportation, hauling, dumping, fertilizers, insecticides, rodenticides, chemicals and other items needed to perform landscape maintenance work as directed herein.

CONTRACTOR RESPONSIBILITIES
The Contractor shall provide complete landscape maintenance at all work sites, including, but not limited to pruning, structural shaping of young trees, shrubs, and ground cover plants; trimming overgrowth of all foliage and preventing growth on top of city equipment; removing and controlling weeds; controlling plant diseases and pests; mowing turf; edging turf and ground cover; irrigating plant material; maintaining and repairing irrigation systems; removing trash and debris; and other maintenance required to maintain the work sites in a safe, attractive and useable condition. The Contractor shall maintain all plant material in good condition with accepted standards for growth, color, and appearance.

DESCRIPTION OF WORK
Furnish all labor, equipment, materials, and supervision to perform landscape maintenance as described herein including, but no limited to, the following:
 Hardscape cleaning
 Weeding, cultivating and brush control both mechanically and with chemicals  Fertilizing
 Shrub and groundcover trimming, pruning, training
 Mowing and verticutting
 General rodent, pest and disease control on landscape planting and turf  General drainage structure and system maintenance
 Reporting for vandalism, graffiti, or any safety concerns  General litter control, refuse removal, and grounds policing  Plant replacement
 Access roadway clearance and visibility maintenance
 Minor tree pruning and staking of trees under 12 feet in height  Irrigation programming, monitoring, maintenance, and repair  Emergency maintenance/service
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1. ROUTINE MAINTENANCE
Routine maintenance shall include but not be limited to the following services performed on all work sites listed in Exhibit II.

1.1. TURF CARE

1.1.1 MOWING
All turf shall be mowed weekly with mulching mowers. Subject to the approval of the City of Santa Ana, the contractor may reduce the mowing frequency to biweekly during periods of rain or prolonged cold. All grass clippings shall be left in place with the exception of large accumulations, which shall be collected and removed after each mowing. All roadways adjacent to work areas shall be kept clean at all times.

All turf shall be cut to a height appropriate for the type of grass being mowed. Mowers shall be maintained in optimum condition with sharp blades to provide a smooth, even cut without tearing of the leaf blades. Turf shall only be mowed after two (2) consecutive non-watering days and/or as directed by the City of Santa Ana.

Any and all signs found onsite or on trees shall be removed, including but not limited to political, garage sale, lost and found, etc. All litter/debris shall be picked up prior to mowing. All turf and hardscape areas including but not limited to the outside and inside perimeter of the City property including sidewalks and streets shall be free of turf clippings, plant debris and trash at the end of the scheduled mow day.

1.1.2 EDGING AND DETAILING
All turf shall be edged with blade trimmer adjacent to all improved surfaces and, where no improved surface exists, turf edges shall be maintained as if the turf area abuts a shrub bed or property line. Edging and detailing shall be performed weekly. Following each edging, all edging debris shall be removed.

Turf shall be mechanically edged during the mowing of each week. The edging along sidewalks, curbing and other concrete shall be performed with a blade type edger. Sidewalks and other hard surfaces shall be properly cleaned after each edging including grass stains or marks made as a result of the mowing process.

Contractor shall flag all irrigation sprinklers prior to commencement of work. All turf growing adjacent to irrigation hardware, tree trunks, or any other landscape amenity shall be neatly detailed by string trimmer and/or chemicals to twelve (12) inches in all directions of said objects.

Blade trimmers are prohibited from usage twelve (12) inches around any tree, shrub, or establish plant base. If chemical detailing is performed, the Contractor shall use the string trimmer to remove the treated turf within one (1) week after symptoms of phototoxicity become recognizable.

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Any damage, as determined by the City of Santa Ana, caused to irrigation components, sprinklers, valves, etc., or plant material by edging equipment and/or mowers shall be replaced by the Contractor at Contractor’s expense.

1.1.3 FERTILIZATION
Lawns shall be fertilized four (4) times annually with a “complete fertilizer”. Fertilize two (2) times per year during the months of December and February using 22-3-9 at the rate of five pounds (5 lbs.) per 1000 square feet or approved equivalent program. During the months of June and October fertilize with 16-6-8 at the rate of six pounds (6 lbs.) per 1000 square feet two (2) times per year, or approved equivalent program.

Due to the broad geographical area of the contract, the City may from time to time adjust or change the fertilization specifications contained herein as a result of consultation with Contractor.

All fertilization shall be included with the landscape maintenance of each contract area.

Contractor shall supply and transport all required fertilizers and include costs in the bid to the City.

1.1.4 WATERING
Turf areas shall be deeply watered as required by weather conditions to provide adequate moisture for optimum growth. At no time shall turf areas be allowed to show a lack of fresh green color or a loss of resilience due to lack of water.

Wherever or at any time that an irrigation system is damaged, fails or does not adequately cover the turf area in which it is installed, the Contractor shall furnish and set out hoses and sprinklers, or other portable means, as required to uniformly water the turf area.

Automatic irrigation shall be conducted between the hours of 10:00 p.m. and 4:00 a.m. and shall be programmed to prevent excessive runoff, ponding or over watering.

Turf areas shall not be maintained in an over watered and/or saturated condition. Contractor shall respond immediately to signs of turf stress. Turf lost due to stress shall be deemed contractor negligence, as determined by the City of Santa Ana, and replaced at Contractor’s expense.

Trimming of grass around the trees in the turf area shall be performed during the mowing of each week in such a manner as to avoid damage to the tree trunk. Contractor shall develop and maintain a program to ensure that all turf is maintained free of fungus, insect infestations and/or turf diseases at all times. Damaged and/or bare spots in turf shall be immediately repaired at the time of detection.

The tree guards shall be maintained in place around the trunk of each canopy tree at all times to eliminate tree damage by string trimmers, mowers, etc. Trees damaged by Contractor shall be immediately replaced at Contractor’s expense.

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1.1.5 DETHATCHING
Turf areas shall be dethatched once per year between September and October or as directed by the City of Santa Ana.

Dethatching shall be accomplished by use of a “vertical type” dethatch machine.

Contractor shall flag all irrigation sprinklers prior to commencement of work.

All thatch and debris shall be immediately removed upon completion at Contractor’s expense.

1.1.6 OVERSEEDING
Each year, all turf areas shall be overseeded with Eagle Blend or equivalent perennial rye grass at the minimum rate of seven (7) pounds per 1,000 square feet. Seed shall be uniformly broadcast, with care taken to not broadcast in non-turf area. Dethatching and/or deep scalping of the turf may be required as directed by the City of Santa Ana. Seeds shall be guaranteed free of disease, pests, or other foreign grasses or weeds.

1.1.7 PRE-EMERGENT
The Contractor shall apply an approved pre-emergent herbicide to all turf areas on an as needed basis for control of all types of weeds. At no time shall weeds be allowed to remain in turf areas.

1.1.8 WEED CONTROL OF PAVED/HARD SURFACES
Contractor shall control all weeds growing in cracks, expansion joints and other hard surfaces adjacent to the landscape area by the use of chemical weed control to include long narrow median noses, cracks in sidewalks/curbs/gutters, etc.

Contractor shall develop and maintain a broadleaf weed control program that will ensure that all turf is maintained in a weed-free condition at all times.

1.1.9 LITTER PICKUP/HARDSCAPE CLEANING
Contractor shall provide litter pickup to all landscaped areas weekly.

The hardscape areas adjacent to the landscape, i.e. sidewalks and concrete in the medians, shall be cleaned of leaves, paper, dirt, feces, miscellaneous abandoned items, and other debris in conjunction with litter pickup.

At no time will this debris be blown into the street, storm drains, and/or onto private property.

All litter shall be removed from the turf prior to each mowing.

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1.1.10 REPLANTING
The Contractor shall re-sod all turf lost due to normal attrition or due to Contractor’s faulty maintenance or negligence, as determined by the City of Santa Ana, at no additional cost to the City.

At no time shall ridges or depressions caused from contractor equipment on over watered and/or saturated ground, as determined by the City of Santa Ana, be permitted in the turf areas. This shall be deemed Contractor negligence. Contractor shall remove and replace with new turf at no additional cost to the City.

1.2. GROUND COVER CARE

1.2.1 EDGING AND DETAILING
Ground cover beds shall be maintained within their intended bounds, edged and/or detailed every week. Maintain a 12” clearance between different plant material.

Ground covers shall not be permitted to encroach into lawns, shrubs, adjacent desirable bare areas, wall fixtures, furniture, other ground cover areas, etc. All sites shall be cleaned following each edging/detailing, including streets and sidewalks (when applicable).

1.2.2 FERTILIZATION
All ground cover beds shall be fertilized using a complete or approved fertilizer (such as 16-6-8 Turf Supreme) four (4) times per year. The rate of application shall be two (2) pounds of actual nitrogen per 1,000 square feet. Proof of application in the form of empty fertilizer bags may be requested at any time by the City of Santa Ana. Advanced notice shall be given to the City of Santa Ana prior to performing this task.

1.2.3 RENOVATION
Ground cover beds shall be thinned and pruned, separated and/or relocated for the health of the planting and the appearance of the site, and at such other times when directed by the City of Santa Ana. Infill planting of bare groundcover areas shall be replanted when necessary or upon request with flats of the same species one time per year as part of routine maintenance at no additional cost to the City.

1.2.4 CULTIVATION AND MULCH
All bare soil or open areas shall be either cultivated weekly or covered by a minimum of two (2) inches of mulch. All mulch material shall be of a recycled product free from foreign grasses and weeds and shall be approved by the City. At no time shall weeds be allowed to remain in bare or planted areas.

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1.2.5 REPLANTING
The Contractor shall be responsible for the complete removal and replacement of ground cover lost due to normal attrition or to Contractor’s faulty maintenance or negligence, as determined by the City of Santa Ana, at no additional cost to the City. Contractor shall control weeds by keeping all planters, shrubs and ground cover areas free of visible weeds at all times.

Where ground cover grows under pine trees, the Contractor shall use a combination of techniques (raking and blowing) to prevent the build-up of needles from forming on the ground cover. Ground cover plants shall be added, as needed, to ensure a solid mass planting in conformance with the original intent at no cost to the City.

1.3. TREE CARE

1.3.1 GENERAL REQUIREMENTS
The Contractor shall bring to the attention of the City of Santa Ana within twenty-four (24) hours any tree-displaying root heaving or girdling (either by roots or a foreign material, leaning, broken or hanging limbs, or any other reason posing a potential safety hazard.) Any safety hazard present now shall be reported immediately.

Note: All trees up to 9 inch DBH (Diameter at Breast Height) are included in routine maintenance.

1.3.2 REPORTING
An annual report shall be provided by an ISA Certified Arborist, by January 30th of each year, on the overall condition and health of all trees under the scope of this contract. Specific trees in need of additional care or removal shall be identified by species and/or address.

The Contractor shall provide an annual report identifying the location, address and species of tree vacancies.

1.3.3 PRUNING
All trees within the scope of work shall be maintained to keep the natural integrity and shape of the trees. This work shall be accomplished in a manner, which will ensure that each individual tree is pruned per American National Standards Institute (ANSI) standards, per ANSI A300 Part 1, 2008 pruning standard and the ASNI Z133.1 as outlined in the City of Santa Ana Tree Pruning and Stump Removal Specifications are to be followed. All work shall be of the highest quality as outlined under the City of Santa Ana Tree Pruning and Stump Removal Specifications. In addition, the Contractor shall remove or prevent encroachment where it blocks vision or is City Council 29 – 25 8/20/2024

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considered undesirable by the City of Santa Ana. Low branches overhanging sidewalks shall be removed to a height of seven (7) feet above grade. Young trees needing pruning, training, and shaping to develop and maintain a dominant leader from which smaller primary branches arise that are radially and vertically spaced along the trunk. From time to time, the contractor may be asked to raise the canopy of the trees for security reasons and this shall be considered routine maintenance.

1.3.4 STAKING, TYING AND GUYING
All trees under 4” DBH requiring staking shall be securely staked at all times with approved stakes and rubber VIT ties. Rubber hoses and wire will not be permitted. All stakes shall be set perpendicular to prevailing winds unless designated otherwise by the City of Santa Ana. Tree stakes shall also be set a consistent distance away from the trunk of the tree (minimum six (6) inches) to reduce abrasion and cell elongation. The tops of all tree stakes shall be removed approximately three (3) inches above the highest tie to reduce abrasion of main or lateral branches of the tree.

1.3.5 FERTILIZATION
All trees shall be fertilized using a complete or approved fertilizer a minimum of one (1) time per year.

1.3.6 WATERING
All trees shall be properly irrigated to maintain a healthy condition.

Trees shall not be maintained in an over watered and/or saturated condition.

1.3.7 REPLANTING
The Contractor shall be responsible for the complete removal and replacement of any and all trees lost due to the Contractor’s faulty maintenance or negligence, including but not limited to girdling trees with string trimmers or tree ties, improper planting of new trees, improper pruning techniques which disfigure or destroy the trees natural integrity and shape, or failure to detect and prevent treatable diseases and insect infestations as determined by the City of Santa Ana.

Replacement shall be made by the Contractor in the kind and size of trees determined by the City of Santa Ana. Where there is a difference in value between the trees lost and the replacement of trees, this difference will be deducted from the contract payment. In all cases, the value of the trees lost will be determined by the City of Santa Ana using the latest American Shade Tree Conference guidelines for value determination.

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1.4. SHRUB CARE
Contractor shall remove dead shrubs and backfill to existing grade with imported soil as necessary to maintain a consistent finished grade. Sinkholes will not be acceptable as it represents a liability to the City. Replacements of shrubs will be approved by City of Santa Ana.

Wall vines adjacent to and coming from City landscapes are a part of the maintenance of this contract. Wall vines shall be kept trimmed approximately four (4) inches from the wall and eight (8) inches below the top of the wall. Where wall vines have been allowed to grow over the top of the wall, the Contractor shall keep wall vines trimmed down to the top of the wall. Wall vines may require trimming two or more times per month during the growing season.

1.4.1 PRUNING
All shrubs growing in the work areas shall be pruned as required, to maintain plants in a healthy growing condition and to maintain plant growth within reasonable bounds to prevent encroachment of passage ways, walks, streets, view of signs or in any manner deemed objectionable by the City of Santa Ana. Dead or damaged limbs or branches shall be cleaned out and removed with sharp pruning tools with no projections or stubs remaining. Pruning shall be done in a manner to permit plants to grow naturally in accordance with their normal growth characteristics except box hedging may be required on some shrubs, as designated by the City of Santa Ana. Shear hedging or severe pruning of plants, unless authorized by the City of Santa Ana, shall not be permitted. Should the Contractor shear hedges or severely prune plants and disfigure or damage the plants, the contractor shall be responsible for replacing those plants with like kind and size as determined by the City of Santa Ana. The Contractor may be requested from time to time to raise the bottom or lower the tops of the shrubs for security reasons. This shall be considered routine maintenance and performed at no extra cost to the City.

1.4.2 FERTILIZATION
All shrubs shall be fertilized using a complete fertilizer (such as 16-6-8) four (4) times per year.

The rate of application shall be two (2) pounds of actual nitrogen per 1,000 square feet. Proof of application in the form of empty fertilizer bags may be requested at any time by the City of Santa Ana. Advanced notice shall be given the City of Santa Ana prior to performing this task.

1.4.3 RENOVATION
Shrubs shall be thinned and pruned, separated and/or relocated for the health of the planting and the appearance of the site, and at such other times when directed by the City. Infill planting of bare shrub areas shall be replanted when necessary or upon request with plant material of the same species one time per year as part of routine maintenance at no additional cost to the City.

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1.4.4 WATERING
All shrubs shall be properly irrigated to maintain a healthy condition. Shrub areas shall be deeply watered as required by weather conditions to provide adequate moisture for optimum growth. At no time shrub areas shall be allowed to show a lack of fresh green color or a loss of resilience due to lack of water.

Wherever or at any time that an irrigation system is damaged, fails or does not adequately cover the shrub area in which it is installed, the Contractor shall furnish and set out hoses and sprinklers, or other portable means, as required to uniformly water the shrub.

Automatic irrigation shall be conducted between the hours of 10:00 p.m. and 4:00 a.m. and shall be programmed to prevent excessive runoff, ponding or over watering.

Shrub areas shall not be maintained in an over watered and/or saturated condition.

Contractor shall respond immediately to signs of plant stress. Plant material lost due to stress shall be deemed Contractor negligence, as determined by the City of Santa Ana, and replaced at Contractor’s expense.

1.4.5 REPLANTING
The Contractor shall be responsible for the complete removal and replacement of shrubs lost due to normal attrition or due to Contractor’s faulty maintenance or negligence, as determined by the City of Santa Ana, at no additional cost to the City.

1.4.6 CULTIVATION AND MULCH
All bare soil or open areas shall be either cultivated weekly or covered by a minimum of two (2) inches of mulch. All mulch material shall be of a recycled product free from foreign grasses and weeds and shall be approved by the City. At no time shall weeds be allowed to remain in bare or planted areas.

Shrubs shall be pruned as required to ensure clear vehicular and pedestrian visibility and clearance. Remove broken or diseased branches and provide general containment and good appearance.

Plant material encroaching onto or from City property shall be trimmed back to property line at City’s discretion depending on circumstance, i.e. plants growing over fences and sidewalks from private property adjacent to contracted areas shall be trimmed back to the property line.

Prune shrubs to retain as much of the natural informal appearance as possible, consistent with intended use, i.e. vines not growing into other plants, etc. Coordinate with City of Santa Ana.

Continuously remove any spent blossoms or dead flower stocks, as required, to present a neat, clean appearance.

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Plants growing over curbing and/or sidewalks shall be maintained even with the edge of the sidewalk or curb and be trimmed on a natural taper rather than vertical, so as not to appear to be hedged.

Schedule the application of a complete fertilizer with an analysis of 15-15-15 at the rate of six (6) pounds per 1000 square feet as often as required, but no less than three times per year, to promote optimum growth and healthy appearance to all shrubs.

Ailing or stunted shrubs shall be removed at time of discovery and replaced in kind within five (5) working days. Shrubs requiring additional nutrients to correct deficiencies shall receive such nutrients within three (3) working days of discovery. Contractor shall replace shrub failure that is determined to be due to Contractor’s neglect or improper treatment at his expense.

1.5. WEEDS, DISEASE, AND PEST CONTROL

1.5.1 WEED CONTROL
All landscape and hardscape areas within the specified scope of work (including, but not limited to, turf, shrub and ground cover, planters, tree wells, ornamental bark or rock areas, sidewalk, asphalt or concrete areas) shall be kept free of weeds and foreign grasses at all times. The complete removal of all weed growth shall be accomplished on a continuing basis. Weeds shall be controlled by hand and approved mechanical or chemical methods.

The transferring of weeds or disease from one infected turf, plant or tree to another turf, plant or tree through improper or faulty maintenance shall be considered Contractor negligence, as determined by the City of Santa Ana.

Such negligence includes but is not limited to, non-cleaning or non-disinfecting of tools or equipment and for not isolating the infected area.

All affected turf, plant, or tree shall be replaced by Contractor at no cost to the City.

Contractor shall continuously control weeds at all sites with both pre and post-emergent chemical control through mechanical methods and/or by hand. It is intended that all sites will be practically weed-free through this process. Weeds determined by the City of Santa Ana to be objectionable shall result in a penalty assessed against Contractor for each affected site.

Contractor shall provide the same weed control in cracks, expansion joints and other small openings in the sidewalk/curb area.

1.5.2 DISEASE AND PEST CONTROL
The Contractor shall regularly inspect all landscaped areas for presence of disease, insect or rodent infestation. The Contractor shall advise the City of Santa Ana within forty eight (48) hours of when disease, insect, or rodent infestation is found, and the action to be taken. Upon approval City Council 29 – 29 8/20/2024

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of the City of Santa Ana, the Contractor shall implement approved control measures, following all Federal, State, County, and municipal laws, regulations and ordinances required for the approved work.

Approved control measures shall be continued until the disease, insect or rodent is controlled to the satisfaction of the City of Santa Ana. The Contractor shall utilize all safeguards necessary during disease, insect or rodent control operations to ensure safety of the public and the employees of the Contractor.

All pesticide operations, where required, shall be performed by a Qualified Applicator as certified by the State of California Department of Pesticide Regulation. The Contractor shall be responsible for compliance with all local, state, and federal laws and regulations regarding pesticide usage.

Contractor shall provide complete and continuous pest control and/or eradication of all pests or diseases in accordance with the specifications contained herein.

1.6. IRRIGATION SYSTEM MAINTENANCE

1.6.1 GENERAL RESPONSIBILITIES
Irrigation shall be done by the use of automatic or mechanical sprinkler systems, where available and operable, or manually; however, failure and/or damage of the existing irrigation system to provide full and proper coverage shall not relieve the Contractor of the responsibility to provide adequate irrigation with full and proper coverage to all areas in the contract work site.

Newly planted trees, shrubs, ground cover, and turf shall receive special attention until these plants are established. Adequate water shall be applied to promote normal healthy growth.

Proper berms or basins shall be maintained during the establishment period.

Any damages to public or private property resulting from excessive irrigation water or irrigation water runoff shall be charged against the contract payment unless immediate repairs are made by the Contractor to the satisfaction of the City of Santa Ana.

Contractor shall vacuum all irrigation cabinets and controllers, both inside and outside, and maintain in a thoroughly clean condition at all times.

1.6.2 OPERATION OF AUTOMATIC IRRIGATION CONTROLLERS
Where the operation of automatic irrigation controllers is required as part of this contract, the Contractor shall:
 Do not duplicate any coded City key furnished by the Public Works Agency for access and operation of the controller.
 Surrender all keys furnished by the Public Works Agency at the end of the contract City Council 29 – 30 8/20/2024

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period, or at any time deemed necessary by the City of Santa Ana.  Protect the security of City property by keeping controller cabinets and building doors locked at all times
 Refrain from using premises behind locked doors for storage of materials, supplies or tools, except as approved by the City of Santa Ana.
 Program normal irrigation between the hours of 10:00 p.m. and 4:00 a.m. or as required.

1.6.3 WATER CONSERVATION
The Contractor shall turn off irrigation system during periods of rainfall and times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of horticulturally acceptable maintenance practices as determined by the City of Santa Ana.

When the City of Santa Ana acknowledges the necessity to turn on the water once again, all controllers shall be activated within twenty-four (24) hours. After 24 hours, the City of Santa Ana at his discretion may elect to activate the controllers with City forces.

1.6.4 IRRIGATION SYSTEM MONITORING & INSPECTION
All irrigation systems shall be inspected and adjusted on a weekly basis or more frequently as required, considering the water requirements of each remote control valve.

The Contractor shall physically inspect (by manual or semi-automatically running the Controller) the operation of all systems weekly. The Contractor shall maintain all sprinkler systems in such a way as to guarantee proper coverage and full working capability, and make whatever adjustments are necessary, including but not limited to, adjustment of heads or inserts, or replacing of inserts, etc., to prevent excessive over spray/runoff into street right-of-ways or other areas not intended to receive irrigation over spray/runoff. Controllers shall be programmed to water during nighttime hours between approximately 10:00 p.m. and 4:00 a.m. or upon request/when required.

Contractor shall observe and note deficiencies occurring from the original design of facilities and review these findings with the City of Santa Ana so necessary improvements can be considered.

Authorization must be obtained from the City before proceeding with work not covered under normal maintenance work and the malfunctioning sprinkler system area shall be irrigated by a portable irrigation method until all authorized repairs have been completed to the City’s satisfaction.

All areas receiving marginal coverage shall be irrigated by a portable irrigation method. The Contractor shall furnish all hoses, nozzles, sprinklers, etc., necessary to accomplish this supplementary irrigation. Care shall be exercised to prevent waste of water, erosion, and/or detrimental seepage into existing underground improvements or structures.

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Contractor shall submit a quarterly (or upon request) irrigation report to the City of Santa Ana.

The report shall be of the format required by the City of Santa Ana and shall include, but not be limited to, controller location, address, type of controller, number of stations, and schedule for each station, turf, ground cover or shrub irrigation, condition of site, and repairs made for each station.

Contractor shall provide irrigation personnel fully trained in all phases of landscape irrigation systems operation, maintenance, adjustment, and repair. This is to include diagnosis and repair of controllers, valve wires, control valves, lateral lines, gate valves, main lines, strainers, pressure regulators, backflow devices, moisture sensors, master valves, and electric pedestals.

Contractor shall maintain an adequate stock of medium and high usage items for repair of all irrigation systems.

Automatic controllers and/or enclosures shall be locked while unattended. Contractor shall maintain a log at each controller location.

Contractor shall provide efficient use of water at all times. The controllers shall be programmed and monitored to maintain adequate moisture, optimal for growth and appearance, while eliminating excessive runoff. Adequate soil moisture shall be determined by visual observation, plant resiliency, and turgidity, examining cores removed by soil probe, moisture sensing devices, and programming irrigation controllers accordingly. Considerations must be given to soil texture, structure, porosity, water holding capacity, drainage, compaction, precipitation rate, runoff, infiltration rate, percolation rate, evapotranspiration, seasonal temperatures, prevailing wind condition, time of day or night, type of plant and root structure.

Compensation for irrigation system monitoring and inspection shall be considered included in other items of work and no additional compensation will be allowed.

1.6.5 IRRIGATION & DRAINAGE SYSTEM MAINTENANCE
Once a year during the month of March, Contractor shall wipe down the equipment in the irrigation controller cabinet to remove all dust and dirt, clean all electrical connections, install bait traps for control of ants, replace batteries as required, clean and remove intruding soil in valve boxes and replace gravel, as originally specified.

All hinges and locks shall be regularly oiled to ensure trouble free operation.

All controller enclosures must be painted in approved colors, as needed, to prevent rusting and maintain good appearance.

Sprinkler heads shall be kept clear of overgrowth that may obstruct maximum operation.

Repairs made to the irrigation system must be made in accordance with the system’s original design with products equal to or higher quality than currently provided. Workmanship shall be performed in accordance with industry standards.

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All leaking or defective piping, valves, or other system components shall be repaired within twenty-four (24) hours of detection.

Particular attention shall be paid to all slope areas, which will, by physical nature, provide for greatest potential runoff, which can contribute to erosion.

Contractor shall turn off controllers when adequate rainfall is anticipated.

In the event of irrigation system failure, manual watering required to keep the plant material in a vigorous, healthy condition is to be provided by Contractor and the irrigation system shall be repaired immediately at no additional cost to the City.

At no time shall Contractor utilize a fire hydrant for irrigation purposes.

Contractor will keep system in operation by valve or head adjustment to keep all systems operating at manufacturer’s recommended operating pressure. This shall be accomplished by valve throttling pressure gaging. The valves should be throttled to prevent sprinkler heads from fogging, allowing droplets for effective watering. The City of Santa Ana may request a coverage test to evaluate proper settings, timing, usage, or maintenance of system.

All valve boxes, controllers, and backflow devices shall be kept clear of plant growth.

Contractor shall be responsible for periodic inspection of surface drains located within the landscaped areas. These drains shall be checked to assure proper functioning. Remove any debris or vegetation that might accumulate at the inlet and prevent proper flow of water.

Any erosion damage because of Contractor’s failure to keep the surface drains clear shall be repaired at Contractor’s expense.

Irrigation and drainage system repairs shall be compensated on a time and materials basis as agreed to by the Contractor and the City.

1.7. GENERAL MAINTENANCE AND CLEAN-UP
The Contractor shall collect all clippings, trimmings, cuttings, rubbish and debris, and posted signs at all work sites and dispose of same in a lawful manner per contract requirements at the Contractor’s expense.

All trash and debris shall be removed from all worksites a minimum of one (1) time per week.

The Contractor shall rake, hand remove, or vacuum leaves that are not absorbed by planting. This shall be done as often as required to maintain a neat appearance, or prevent plants from being smothered by seasonal leaf drop at least weekly or as directed by City of Santa Ana.

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After heavy windstorms, the entire contract area shall be cleaned of litter, fallen branches, etc. Contractor shall respond to calls from City of Santa Ana immediately.

Contractor shall patrol all areas for trees down, fallen branches, hanging branches, debris, and other potential hazards.

The Contractor shall keep sidewalks and all paved areas in the medians and under overpasses swept and cleaned of any debris, weeds, dirt, or soil. Tree wells shall be maintained weed free.

1.8. OTHER REQUIREMENTS

1.8.1 NEW CONSTRUCTION
Where new construction or redevelopment may involve a significant part of a work site, the City of Santa Ana may delete a portion of or the entire work site from contractual maintenance during the construction and plant establishment period. The deletion of this portion of work will be reflected as a reduction in the monthly payment to the contractor.

The amount of reduction will be based on the percentage of area involved and agreed upon by the City and the Contractor.

1.8.2 INSPECTION
The City of Santa Ana shall weekly and/or as needed/upon request inspect the work area to ensure adequacy of maintenance and that methods of performing the work are in compliance with the contract. However, this shall not be construed to relieve the Contractor’s supervisor of the duty to provide continuous inspection of the work area.

Contractor shall provide a dedicated supervisor to Santa Ana for this contract.

Discrepancies and deficiencies in the work shall be corrected by the Contractor immediately. The City expects a high level of service and maintenance.

1.8.3 NEW MAINTENANCE AREAS
Additional routine maintenance may be added to this contract. Payment for add-on maintenance shall be computed based on specified rates provided by the contractor.

1.8.4 DAMAGE REPAIR
All damage incurred by the Contractor’s operations shall be repaired or replaced in kind and size at the Contractor’s expense.

Irrigation repairs shall be completed within twenty-four (24) hours using approved materials.

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Non-irrigation repairs shall be completed within seven (7) working days and shall be repaired using only pre-approved materials.

Contractor shall be responsible for repair-related maintenance such as, but not limited to, watering and fertilizing of replaced plant materials until accepted by the City of Santa Ana.

1.8.5 VANDALISM
Contractor shall immediately report damaged landscaping caused by vandalism or vehicle accidents to the City of Santa Ana.

1.8.6 ANNUALS
Areas designated for annuals planting shall be rotated on a triannual (three times a year) basis. Appearance of designated areas shall be kept fresh and vigorous at all times.

PART II: SCHEDULING OF WORK
The Contractor shall accomplish all routine landscape maintenance required under this contract between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday. The City of Santa Ana may grant, on an individual basis, permission to perform maintenance at other hours. No maintenance functions that generate excess noise, which would cause annoyance to residents of any area, shall be commenced before 7:00 a.m. No Saturday or Sunday work is to be scheduled without permission from the City of Santa Ana, unless it is an emergency situation. The Contractor shall establish a schedule of routine work to be followed in the performance of this contract. A copy of this schedule shall be provided to the City of Santa Ana prior to the performance of any work required by these specifications, and any changes in scheduling shall be reported in writing to the City of Santa Ana immediately. Routine maintenance Locations shall not be interrupted/not completed as schedule without prior approval of the City of Santa Ana.

The Contractor shall conduct the work at all times in a manner which will not interfere with pedestrian traffic on adjacent sidewalks or vehicular traffic on adjacent streets. All work performed under this contract shall be performed in such a manner as to provide maximum safety to the public, to the Contractor, and where applicable, comply with all safety standards required by CAL-OSHA. In addition, a special notification listing exact starting date for renovation, pruning and other infrequent operations, shall be furnished to the City of Santa Ana at least five (5) working days in advance of performing these operations.

1. LEVEL OF MAINTENANCE
All work shall be performed in accordance with the HIGHEST INDUSTRY STANDARDS, as stated in the enclosed maintenance specification description. Standards and City Council 29 – 35 8/20/2024

CITY OF SANTA ANA
frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the sites.

If, in the judgment of the City, the level of maintenance is less than that specified herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein, withhold appropriate payment from the Contractor until services are rendered in accordance with specifications set forth within this document and providing no other arrangements have been made between the contractor and the City. Failure to notify of a change and/or failure to perform an item of work on a scheduled day may result in deduction of payment for that date, week or month. Payment will be retained for work not performed until such time as the work is performed to City standards.

The Contractor is required to correct deficiencies within the time specified by the City. If noted deficient work has not been completed, payment for subject deficiency shall be withheld for current billing period and shall continue to be withheld until deficiency is corrected, without right to retroactive payments.

2. QUALITY OF WORK AND MATERIAL
All material and equipment furnished by the Contractor shall be new, high grade, and free from defects and imperfections, unless otherwise hereinafter specified. Workmanship shall be in accordance with the best standard practices. Both materials and workmanship shall be subject to the approval of the City of Santa Ana. All materials used shall be approved in advance by the City of Santa Ana.

The City reserves the right to purchase materials directly and make them available to the Contractor. In the event the City exercises the option to purchase the materials, the following conditions will apply:
 Contractor shall conform to all City practices and procedures.  Contractor shall comply to all safety regulations by City and CAL OSHA.  All City purchases will be for the sole expressed use of and for the City.  The Contractor shall secure, store, inventory, distribute and control all materials entrusted to the Contractor’s representatives. All materials and inventories shall be made available to the City upon request.

3. SUPERVISION OF CONTRACT
All work shall meet with the approval of the City of Santa Ana. Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor and if not corrected, payment to the Contractor will not be made until the condition is corrected in a satisfactory manner as set forth in the specifications.

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CITY OF SANTA ANA

4. WORKMANSHIP AND SUPERVISION
Work shall be performed by competent and experienced workers. The work force shall include a thoroughly skilled, experienced, and competent supervisor who shall be responsible for adherence to the specifications.

All personnel shall be neat in appearance and in uniforms. All personnel shall wear identification badges or patches. Those employees working in or adjacent to traffic lanes shall wear safety vests and follow all necessary safety procedures at the facilities.

Persons employed by the Contractor who are found not to be satisfactory by the City shall be discharged or reassigned by the Contractor on fifteen (15) days’ notice from the City.

5. SAFETY REQUIREMENT
The contractor shall provide a safety data sheet (SDS) for all chemicals including but not limited to pesticides, herbicides, etc. to the City of Santa Ana prior to utilization.

All work performed under this contract shall be performed in such a manner as to provide maximum safety to the public and where applicable, comply with all safety standards required by CAL-OSHA. The City of Santa Ana reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract. All contractor vehicles shall have a “W.A.T.C.H.” work area traffic control manual at all times.

The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from his/her operations. Any hazardous condition noted by the Contractor, which is not a result of his/her operations, shall be immediately reported to the City of Santa Ana. The City can cancel or stop work at any time when the safety of the Contractor, the public, etc. is compromised.

The contractor shall assure that each employee or subcontractor under the contractor’s supervision is trained in the work practices necessary to safely perform his or her job. The contractor will assure that each employee or subcontractor under the contractor’s supervision is instructed in the known potential hazards related to his or her job. The contractor shall assure that each employee or subcontractor under the contractor’s supervision follows safety rules and safe work practices.

6. SCHEDULES

6.1. ANNUAL SCHEDULE
 The annual schedule shall be submitted for City approval within fifteen (15) calendar days after effective date of the contract.
 The Contractor shall submit revised schedules when actual performance differs substantially from planned performance.

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CITY OF SANTA ANA

6.2. WEEKLY SCHEDULE
. Changes to the schedule shall be received by the City of Santa Ana at least twentyfour (24) hours prior to the scheduled time for the work. . Failure to notify of a change and/or failure to perform an item of work on a scheduled day may result in deduction of payment for that date, week, or month. . The Contractor shall adjust his/her schedule to compensate for all holidays and rainy days. Maintenance and litter removal shall be scheduled for all holidays and rainy days, unless otherwise indicated by the City.

6.3. DAILY SCHEDULE
o Changes to daily schedule can be made verbally or by email to the City of Santa Ana.

7. PERFORMANCE DURING INCLEMENT WEATHER
During periods of storms, Contractor will provide supervisory inspection of the project during regular hours to prevent or minimize possible damage from inclement weather.

Contractor shall submit a report identifying any storm damage to the City of Santa Ana attached to a site map identifying location of damage and cost estimate to repair/replace.

If remedial work is required beyond the scope of this contract, it shall be considered as extraordinary work.

During periods of inclement weather, i.e. rain/wind; Contractor’s workforce shall accomplish work not affected by such weather, i.e. litter pick up/spent blossom removal, preventative maintenance, etc.

Contractor shall stake and re-tie trees as required. Drains shall be checked and cleaned as necessary. Contractor shall remove all branches and debris resulting from inclement weather. Contractor may be required to perform additional clean-up tasks due to inclement weather.

8. MATERIAL
The Contractor shall submit a list to the City of Santa Ana of all materials that the Contractor proposes to use in the execution of this work. The list shall include the chemical analysis, recommended usage and any other pertinent data by the manufacturer of material. Said list shall be submitted before use of any product, pursuant to the provisions of this agreement. All materials used or submitted shall be in full compliance with all Federal, State, County, and local agency laws, guidelines and requirements.

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CITY OF SANTA ANA
The following shall apply to the material indicated:
 Fertilizers shall be complete, furnishing the required percentage of nitrogen, phosphoric acid and potassium to keep lawns, trees, shrubs, and other plants in a healthy and vigorous growing condition.
 Insecticides, fungicides, herbicides, and rodenticides shall be of the best quality obtainable, properly labeled with guaranteed analysis, and brought to the job site in the manufacturer’s original container.
 Tree stakes, tree ties and guy wires shall be of materials matching those existing in the work site or as specified by the City of Santa Ana.  Replacement trees, shrubs, ground cover, and other plants shall be of a size, condition and variety specified by the City of Santa Ana.  Replacement plant materials may be inspected by the City of Santa Ana prior to planting.
 The City of Santa Ana shall determine replacement lawn sod.

9. RECYCLING/DISPOSAL
All organic waste (including leaves, grass clippings, brush, branches, and tree parts) resulting from work performed under this contract shall be recycled through composting or processing for use as mulch. Organic waste cannot be taken to the landfill. The names and addresses of the licensed green-waste composting or processing companies, and haulers, along with the tonnages used and receipts, shall be provided to the City of Santa Ana in a monthly written report and an annual written report.

A hundred percent (100%) of all landscape debris will be disposed of through a landscape material recycling center or reused in some manner. The Contractor shall dispose of all cuttings, weeds, leaves, 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. to the City. At no time is the Contractor permitted to use City dumpsters.

10.RECORDS
The Contractor shall, within fifteen (15) days of the effective date of an executed agreement, prepare and submit a written annual maintenance calendar to the City of Santa Ana. This maintenance calendar shall clearly indicate all of the landscape maintenance tasks required by this agreement and the months of the year they are scheduled to be performed. If it is necessary to make periodic revisions to this maintenance schedule, a modified calendar must be submitted to the City of Santa Ana for approval prior to the date the changes are to take effect.

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CITY OF SANTA ANA

11.EMERGENCY SERVICES
The Contractor shall provide the City with names and telephone numbers of at least two qualified persons who can be called by City representatives when emergency maintenance conditions occur during hours when the Contractor’s normal work force is not present in the City of Santa Ana. These Contractor representatives shall respond to said emergency within twenty four (24) hours from receiving notification.

12.UNDERGROUND EXCAVATIONS
Contractor shall be responsible for locating all underground utility lines to insure the safety of his/her work crew and to protect, in place, existing utility equipment before commencing any excavation. Contractor shall contact the City of Santa Ana and Underground Service Alert (811) 48 hours before commencing any excavation, to locate underground service lines.

13. AS NEEDED LANDSCAPE PLANNING AND BEAUTIFICATION PROJECTS The contractor shall provide estimates, at the City’s request for as-needed landscape planning and/or beautification requests. Work under this category shall be based upon a time and material basis using the company hourly rates. Requests for service shall be responded to within 24 hours. No work shall begin unless authorized by the City.

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CITY OF SANTA ANA
Maintenance Frequency Schedule

FUNCTION
Turf Maintenance

FREQUENCY
Mowing
Edging
Once/Week
Once/Week
Once/Week
Once/Week
Clipping Removal
String Trimming
Fertilize
Pest and Weed Control
Visual Inspection
Chemical Weed Control
Four (4) times a year
Continuous/As needed
Weekly
Continuous/As needed
Ground Cover Maintenance
Trim Monthly
Fertilize Four (4) times a year
Continuous/As needed
Weekly
Pest and Weed Control
Visual Inspection
Pre-emergent herbicide Minimum once a year or as needed Shrub, Vine and Tree Maintenance
Trim
Shrubs
Vines
Trees
Monthly or sooner if needed
Six (6) times a year
Continuous/As needed
Four (4) times a year
Weekly
Fertilize
Visual Inspection
Pre-emergent herbicide Continuous/as needed
Hardscape Maintenance Weekly
Weekly
Grounds Policing/Litter Removal
All Areas
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CITY OF SANTA ANA
EXHIBIT II: SITE LOCATIONS & MAPS
Square
Feet
(approx)
Turf
Maintenance
(Grass)
Ground
Cover
Maintenance Maintenance
Shrub, Tree,
Vine, Hardscape
Maintenance Site Site Name
#
Address
14th/Poinsetta,
Santa Ana, CA
92701
Elevated
Tank 1 6,000 X X
X
2736 N
Cambridge Cambridge St. 2 31,300 X X
Station Santa Ana, CA
90701
2733 Concord St.

Santa Ana, CA
92705
Cambridge
Lot 3
4 31,695
56,300
100,800
79,800
36,100
4,150
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
1730 S. Santa
East Station Fe, Santa Ana,
CA 92705
2401 N Bristol St,
Santa Ana, CA
92706
1727 W Alton
Ave, Santa Ana,
CA 92705
201 S Mountain
View, Santa Ana,
CA 92703
4404 W 1st St.

Santa Ana, CA
92703
723 W Walnut St,
Santa Ana, CA
92701
1011 W 6th St,
Santa Ana CA
92703
4426 W 1st St,
Santa Ana, CA
92703
J. Garthe
Station 5 X
South
Station 6
West
Station 7
West
Station Lot 8 X
9 Walnut X
Well 16
Well 21
Well 24
Well 29
6,600 X
10 11
12 13
490
2,900
1800 W 22nd St,
Santa Ana CA
92706
101 S Flower St,
Santa Ana CA
92701
1,270 X X
1,900
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CITY OF SANTA ANA
Square
Feet
(approx)
Turf
Maintenance
(Grass)
Ground
Cover
Maintenance Maintenance
Shrub, Tree,
Vine, Hardscape
Maintenance Site Site Name
#
Address
202 S Flower
Ave, Santa Ana
CA 92703
120 S. Flower St.

Santa Ana, CA
92703
4426 W 1st St,
Santa Ana, CA
92703
1815 E Chestnut
St. Santa Ana,
CA 92701
917 W Walnut St,
Santa Ana CA
92703
1718 N Sydney
Pl, Santa Ana CA
92706
501 ¾ W Memory
Lane, Santa Ana
CA 92706
Flower
South 14
15 16
17 18
19 20
8,450
3,000
3,900
380
X X
X
X
X
X
X
X
Flower
North X
Well 30 X
Well 31
Well 33
Well 35
PRV-1
X
X
X
X
X
X
X
X
5,200
7,150
3,100
X
627 E
Washington Ave,
Santa Ana CA
92701
21 Washington 31,000
512,701
2,500
X
X
X
X
X
X
City of 215 S. Center St,
Santa Ana, CA
92703
Santa Ana
Corporate
Yard
22 23
X X
2007 W
McFadden Ave,
Santa Ana, CA
92704
Well 37
315 E 17th St,
Santa Ana, CA
92706
612 N Figueroa
St, Santa Ana,
CA 92703
2215 S. Ritchey
St, Santa Ana,
CA 92705
17th Street
Lot 24
25 26
7,200
7,875
2,442
4,150
X
X
X
X
X
X
X
X
Figueroa
Lot X
X
X
SA 7
San 2909 S. Bristol St,
27 Lorenzo Lift Santa Ana, CA
Station 92704
City Council 29 – 43 8/20/2024

CITY OF SANTA ANA
Square
Feet
(approx)
Turf
Maintenance
(Grass)
Ground
Cover
Maintenance Maintenance
Shrub, Tree,
Vine, Hardscape
Maintenance Site Site Name
#
Address
Crooke
Reservoir
Lot
Santiago Park,
Santa Ana, 92706 28 13,750 X X X
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Cambridge Lot
CambridgeLot
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Flower North
Flower North
Flower South
Flower South
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17th Street Lot
17thStreetLot
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Figueroa Lot
FigueroaLot
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San Lorenzo Lift Station
SanLorenzo
LiftStation
City Council 29 – 70 8/20/2024
Crooke Reservoir Lot
SA7
Crooke
ReservoirLot
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CITY OF SANTA ANA
ATTACHMENT A: PROPOSER’S FEE SCHEDULE
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 I) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. 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.

Proposal Item Price - Specify costs for the proposed landscaping work at the various systems detailed in Exhibit II. Indicate a monthly and annual price for each bid item. Total quotation is to be firm offer for no less than ninety (90) days and will be regarded by the City as bidder's best and final offer. Note: This contract is subject to prevailing wages.

TO: CITY COUNCIL OF THE CITY OF SANTA ANA
FROM:

Item # Bid Item (by Site) Monthly Fee Annual Fee
1 2
Elevated Tank
Cambridge Station
Cambridge Lot
East Station
J. Garthe Station
South Station
West Station
West Station Lot
Walnut
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 Well 16
Well 21
Well 24
Well 29
Flower South
Flower North
Well 30
Well 31
Well 33
Well 35
PRV-1
Washington
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CITY OF SANTA ANA
22 23
24 25
26 27
28 SA Corp Yard
Well 37
17th St. Lot
Figueroa Lot
SA 7
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
$____________
San Lorenzo
Crooke Reservoir
Grand Total $____________
Contractor shall submit additional labor, material and equipment rates along with fee schedule. Contractor’s labor and equipment rate sheet shall list rates for all labor designations, equipment and materials. Specify and estimate any other costs associated with the system. * Quantities listed are for bid comparison only and are subject to change. ______________________________________________________________________________________

LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS
______________________________________________________________________________________

BUSINESS ADDRESS
______________________________________________________________________________________

PRINTED NAME OF AUTHORIZED AGENT TITLE
______________________________________________________________________________________

SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS
__________________________________________________________________________________

FEDERAL ID NUMBER (IF APPLICABLE)
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

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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:

1. 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 [enter a Start Date or “the date first written above”] for a number (#) year term with the option for the City to grant up to a number (#)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.

4. INDEPENDENT CONTRACTOR
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 employeremployee 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 Council 29 – 74 8/20/2024

CITY OF SANTA ANA
security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by 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 (Subject to revision per RMD requirements) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies.

2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits.

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, policy or employee, for bodily injury or disease.

If Vendor maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Vendor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Other Insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the following provisions:

1.City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Vendor’s CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations.

2.Vendor’s 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 Vendor under this Agreement.

3.For any claims related to this contract, Vendor’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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4.A severability of interest provision must apply for all the additional insureds, ensuring that Vendor’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.Insurance policies 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 of premium.

6.Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, 20 Civic Center Plaza, Santa Ana, CA 92701. The name and location of project must 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. The City may require the Vendor 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
Vendor 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 before work begins.

However, failure to obtain the required documents prior to the work beginning shall not waive Vendor’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.

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 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.

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CITY OF SANTA ANA

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.

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.

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CITY OF SANTA ANA
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.

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 Council 29 – 78 8/20/2024

CITY OF SANTA ANA
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.
b.
c.

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.

All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST: CITY OF SANTA ANA
Jennifer L. Hall
City Clerk
Kristine Ridge
City Manager
City Council 29 – 79 8/20/2024

CITY OF SANTA ANA
APPROVED AS TO FORM:

SONIA R. CARVALHO
City Attorney
CONSULTANT:

By:
(name)
(title) Assistant City Attorney
RECOMMENDED FOR APPROVAL:

Executive Director
[INSERT] Agency

SAMPLE ONLY
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CITY OF SANTA ANA

ATTACHMENT A
PROPOSER’S CERTIFICATION, PROPOSAL PRICING
Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit I) 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 PHONE AND FAX NUMBERS
__________________________________________________________________________________

BUSINESS ADDRESS
__________________________________________________________________________________

PRINTED NAME OF AUTHORIZED AGENT TITLE
__________________________________________________________________________________

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.

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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:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided:
__________________________________________________________________________________

REFERENCE
Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________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.

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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.

Firm________________________________________________________________________________ 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.

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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.

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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.

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CITY OF SANTA ANA

ATTACHMENT F

NON-DISCRIMINATION CERTIFICATION
The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows:

1. 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.

1. 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.

2. 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 Council 29 – 86 8/20/2024

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 Council 29 – 87 8/20/2024
EXHIBIT 2
CONTRACTOR AGREEMENT BETWEEN MARIPOSA LANDSCAPES, INC. AND

THE CITY OF SANTA ANA FOR LANDSCAPE MAINTENANCE SERVICES THIS AGREEMENT is made and entered into on this 20th day of August, 2024 by and between Mariposa Landscapes, 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.

B.

On March 11, 2024 the City issued Request for Proposal (“RFP”) No. 24-018, by which it sought a contractor to provide landscape maintenance services for City’s Public Works Agency (PWA) water facilities and City’s Corporate Yard.

Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP. No. 24-018 and addendum thereto.

C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:

1. SCOPE OF SERVICES
Contractor shall perform all services described in the Scope of Work included within RFP No. 24-018 which is attached hereto and incorporated herein as “Exhibit A,” and shall perform those services further described in Contractor’s Proposal which is attached hereto and incorporated herein as “Exhibit B.”

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 Exhibit B. The total amount to be expended during the term of this Agreement, including all extension periods, shall not exceed the sum of $695,760.00, which is comprised of a base amount of $535,200.00, and a contingency amount of $160,560.00, to be exercised at the City’s sole discretion. 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

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City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor’s account(s) with financial institutions.

Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

3. TERM
This Agreement shall commence on August 20, 2024 for a three (3) year term ending August 19, 2027, with the option for the City to grant up to two (2), one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below.

4. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and

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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 any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

7. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Contractor.

Minimum Scope and Limit of Insurance:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. • Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. • 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, policy or employee, for bodily injury or disease.
• If Contractor maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage 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 above required insurance policies are to contain or be endorsed to contain the following provisions:
• City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Contractor’s CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. • Contractor’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for

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losses paid under the terms of any policy which arise from work performed by Contractor under this Agreement.
• 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. • 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 policies 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 of premium.
• Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, 20 Civic Center Plaza, Santa Ana, CA 92701. The name and location of project must 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. The City may require the 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 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.

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.

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

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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 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

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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
Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.

13. 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.

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16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions:
a.
b.

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.

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:

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To City:

City Clerk
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, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
To Contractor:

Mariposa Landscapes, Inc.
6232 Santos Diaz St.

Irwindale, CA 91702
Fax: (626) 960-8477
Attn: Terri Noriega, President
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.
[signatures appear on following page]

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Digitally signed by
Nabil Saba Nabil Saba Date: 2024.08.05
15:09:29 -07'00'
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EXHIBIT A

SCOPE OF SERVICES
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CITY OF SANTA ANA

EXHIBIT I

SCOPE OF SERVICES

INTRODUCTION AND BACKGROUND
The City of Santa Ana, Water Resources Division issues this bid document to procure full and complete contract landscape maintenance at designated sites, herein described, and that such sites be kept in a healthy, weed-free, vigorous, and well-kept state at all times. The Contractor shall provide at his own risk and cost all labor, materials, tools, equipment, traffic control and miscellaneous devices, transportation, hauling, dumping, fertilizers, insecticides, rodenticides, chemicals and other items needed to perform landscape maintenance work as directed herein.

CONTRACTOR RESPONSIBILITIES
The Contractor shall provide complete landscape maintenance at all work sites, including, but not limited to pruning, structural shaping of young trees, shrubs, and ground cover plants; trimming overgrowth of all foliage and preventing growth on top of city equipment; removing and controlling weeds; controlling plant diseases and pests; mowing turf; edging turf and ground cover; irrigating plant material; maintaining and repairing irrigation systems; removing trash and debris; and other maintenance required to maintain the work sites in a safe, attractive and useable condition. The Contractor shall maintain all plant material in good condition with accepted standards for growth, color, and appearance.

DESCRIPTION OF WORK
Furnish all labor, equipment, materials, and supervision to perform landscape maintenance as described herein including, but no limited to, the following:
 Hardscape cleaning
 Weeding, cultivating and brush control both mechanically and with chemicals  Fertilizing
 Shrub and groundcover trimming, pruning, training
 Mowing and verticutting
 General rodent, pest and disease control on landscape planting and turf  General drainage structure and system maintenance
 Reporting for vandalism, graffiti, or any safety concerns  General litter control, refuse removal, and grounds policing  Plant replacement
 Access roadway clearance and visibility maintenance
 Minor tree pruning and staking of trees under 12 feet in height  Irrigation programming, monitoring, maintenance, and repair  Emergency maintenance/service
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CITY OF SANTA ANA

1. ROUTINE MAINTENANCE
Routine maintenance shall include but not be limited to the following services performed on all work sites listed in Exhibit II.

1.1. TURF CARE

1.1.1 MOWING
All turf shall be mowed weekly with mulching mowers. Subject to the approval of the City of Santa Ana, the contractor may reduce the mowing frequency to biweekly during periods of rain or prolonged cold. All grass clippings shall be left in place with the exception of large accumulations, which shall be collected and removed after each mowing. All roadways adjacent to work areas shall be kept clean at all times.

All turf shall be cut to a height appropriate for the type of grass being mowed. Mowers shall be maintained in optimum condition with sharp blades to provide a smooth, even cut without tearing of the leaf blades. Turf shall only be mowed after two (2) consecutive non-watering days and/or as directed by the City of Santa Ana.

Any and all signs found onsite or on trees shall be removed, including but not limited to political, garage sale, lost and found, etc. All litter/debris shall be picked up prior to mowing. All turf and hardscape areas including but not limited to the outside and inside perimeter of the City property including sidewalks and streets shall be free of turf clippings, plant debris and trash at the end of the scheduled mow day.

1.1.2 EDGING AND DETAILING
All turf shall be edged with blade trimmer adjacent to all improved surfaces and, where no improved surface exists, turf edges shall be maintained as if the turf area abuts a shrub bed or property line. Edging and detailing shall be performed weekly. Following each edging, all edging debris shall be removed.

Turf shall be mechanically edged during the mowing of each week. The edging along sidewalks, curbing and other concrete shall be performed with a blade type edger. Sidewalks and other hard surfaces shall be properly cleaned after each edging including grass stains or marks made as a result of the mowing process.

Contractor shall flag all irrigation sprinklers prior to commencement of work. All turf growing adjacent to irrigation hardware, tree trunks, or any other landscape amenity shall be neatly detailed by string trimmer and/or chemicals to twelve (12) inches in all directions of said objects.

Blade trimmers are prohibited from usage twelve (12) inches around any tree, shrub, or establish plant base. If chemical detailing is performed, the Contractor shall use the string trimmer to remove the treated turf within one (1) week after symptoms of phototoxicity become recognizable.

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Any damage, as determined by the City of Santa Ana, caused to irrigation components, sprinklers, valves, etc., or plant material by edging equipment and/or mowers shall be replaced by the Contractor at Contractor’s expense.

1.1.3 FERTILIZATION
Lawns shall be fertilized four (4) times annually with a “complete fertilizer”. Fertilize two (2) times per year during the months of December and February using 22-3-9 at the rate of five pounds (5 lbs.) per 1000 square feet or approved equivalent program. During the months of June and October fertilize with 16-6-8 at the rate of six pounds (6 lbs.) per 1000 square feet two (2) times per year, or approved equivalent program.

Due to the broad geographical area of the contract, the City may from time to time adjust or change the fertilization specifications contained herein as a result of consultation with Contractor.

All fertilization shall be included with the landscape maintenance of each contract area.

Contractor shall supply and transport all required fertilizers and include costs in the bid to the City.

1.1.4 WATERING
Turf areas shall be deeply watered as required by weather conditions to provide adequate moisture for optimum growth. At no time shall turf areas be allowed to show a lack of fresh green color or a loss of resilience due to lack of water.

Wherever or at any time that an irrigation system is damaged, fails or does not adequately cover the turf area in which it is installed, the Contractor shall furnish and set out hoses and sprinklers, or other portable means, as required to uniformly water the turf area.

Automatic irrigation shall be conducted between the hours of 10:00 p.m. and 4:00 a.m. and shall be programmed to prevent excessive runoff, ponding or over watering.

Turf areas shall not be maintained in an over watered and/or saturated condition. Contractor shall respond immediately to signs of turf stress. Turf lost due to stress shall be deemed contractor negligence, as determined by the City of Santa Ana, and replaced at Contractor’s expense.

Trimming of grass around the trees in the turf area shall be performed during the mowing of each week in such a manner as to avoid damage to the tree trunk. Contractor shall develop and maintain a program to ensure that all turf is maintained free of fungus, insect infestations and/or turf diseases at all times. Damaged and/or bare spots in turf shall be immediately repaired at the time of detection.

The tree guards shall be maintained in place around the trunk of each canopy tree at all times to eliminate tree damage by string trimmers, mowers, etc. Trees damaged by Contractor shall be immediately replaced at Contractor’s expense.

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1.1.5 DETHATCHING
Turf areas shall be dethatched once per year between September and October or as directed by the City of Santa Ana.

Dethatching shall be accomplished by use of a “vertical type” dethatch machine.

Contractor shall flag all irrigation sprinklers prior to commencement of work.

All thatch and debris shall be immediately removed upon completion at Contractor’s expense.

1.1.6 OVERSEEDING
Each year, all turf areas shall be overseeded with Eagle Blend or equivalent perennial rye grass at the minimum rate of seven (7) pounds per 1,000 square feet. Seed shall be uniformly broadcast, with care taken to not broadcast in non-turf area. Dethatching and/or deep scalping of the turf may be required as directed by the City of Santa Ana. Seeds shall be guaranteed free of disease, pests, or other foreign grasses or weeds.

1.1.7 PRE-EMERGENT
The Contractor shall apply an approved pre-emergent herbicide to all turf areas on an as needed basis for control of all types of weeds. At no time shall weeds be allowed to remain in turf areas.

1.1.8 WEED CONTROL OF PAVED/HARD SURFACES
Contractor shall control all weeds growing in cracks, expansion joints and other hard surfaces adjacent to the landscape area by the use of chemical weed control to include long narrow median noses, cracks in sidewalks/curbs/gutters, etc.

Contractor shall develop and maintain a broadleaf weed control program that will ensure that all turf is maintained in a weed-free condition at all times.

1.1.9 LITTER PICKUP/HARDSCAPE CLEANING
Contractor shall provide litter pickup to all landscaped areas weekly.

The hardscape areas adjacent to the landscape, i.e. sidewalks and concrete in the medians, shall be cleaned of leaves, paper, dirt, feces, miscellaneous abandoned items, and other debris in conjunction with litter pickup.

At no time will this debris be blown into the street, storm drains, and/or onto private property.

All litter shall be removed from the turf prior to each mowing.

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1.1.10 REPLANTING
The Contractor shall re-sod all turf lost due to normal attrition or due to Contractor’s faulty maintenance or negligence, as determined by the City of Santa Ana, at no additional cost to the City.

At no time shall ridges or depressions caused from contractor equipment on over watered and/or saturated ground, as determined by the City of Santa Ana, be permitted in the turf areas. This shall be deemed Contractor negligence. Contractor shall remove and replace with new turf at no additional cost to the City.

1.2. GROUND COVER CARE

1.2.1 EDGING AND DETAILING
Ground cover beds shall be maintained within their intended bounds, edged and/or detailed every week. Maintain a 12” clearance between different plant material.

Ground covers shall not be permitted to encroach into lawns, shrubs, adjacent desirable bare areas, wall fixtures, furniture, other ground cover areas, etc. All sites shall be cleaned following each edging/detailing, including streets and sidewalks (when applicable).

1.2.2 FERTILIZATION
All ground cover beds shall be fertilized using a complete or approved fertilizer (such as 16-6-8 Turf Supreme) four (4) times per year. The rate of application shall be two (2) pounds of actual nitrogen per 1,000 square feet. Proof of application in the form of empty fertilizer bags may be requested at any time by the City of Santa Ana. Advanced notice shall be given to the City of Santa Ana prior to performing this task.

1.2.3 RENOVATION
Ground cover beds shall be thinned and pruned, separated and/or relocated for the health of the planting and the appearance of the site, and at such other times when directed by the City of Santa Ana. Infill planting of bare groundcover areas shall be replanted when necessary or upon request with flats of the same species one time per year as part of routine maintenance at no additional cost to the City.

1.2.4 CULTIVATION AND MULCH
All bare soil or open areas shall be either cultivated weekly or covered by a minimum of two (2) inches of mulch. All mulch material shall be of a recycled product free from foreign grasses and weeds and shall be approved by the City. At no time shall weeds be allowed to remain in bare or planted areas.

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1.2.5 REPLANTING
The Contractor shall be responsible for the complete removal and replacement of ground cover lost due to normal attrition or to Contractor’s faulty maintenance or negligence, as determined by the City of Santa Ana, at no additional cost to the City. Contractor shall control weeds by keeping all planters, shrubs and ground cover areas free of visible weeds at all times.

Where ground cover grows under pine trees, the Contractor shall use a combination of techniques (raking and blowing) to prevent the build-up of needles from forming on the ground cover. Ground cover plants shall be added, as needed, to ensure a solid mass planting in conformance with the original intent at no cost to the City.

1.3. TREE CARE

1.3.1 GENERAL REQUIREMENTS
The Contractor shall bring to the attention of the City of Santa Ana within twenty-four (24) hours any tree-displaying root heaving or girdling (either by roots or a foreign material, leaning, broken or hanging limbs, or any other reason posing a potential safety hazard.) Any safety hazard present now shall be reported immediately.

Note: All trees up to 9 inch DBH (Diameter at Breast Height) are included in routine maintenance.

1.3.2 REPORTING
An annual report shall be provided by an ISA Certified Arborist, by January 30th of each year, on the overall condition and health of all trees under the scope of this contract. Specific trees in need of additional care or removal shall be identified by species and/or address.

The Contractor shall provide an annual report identifying the location, address and species of tree vacancies.

1.3.3 PRUNING
All trees within the scope of work shall be maintained to keep the natural integrity and shape of the trees. This work shall be accomplished in a manner, which will ensure that each individual tree is pruned per American National Standards Institute (ANSI) standards, per ANSI A300 Part 1, 2008 pruning standard and the ASNI Z133.1 as outlined in the City of Santa Ana Tree Pruning and Stump Removal Specifications are to be followed. All work shall be of the highest quality as outlined under the City of Santa Ana Tree Pruning and Stump Removal Specifications. In addition, the Contractor shall remove or prevent encroachment where it blocks vision or is City Council 29 – 103 8/20/2024

CITY OF SANTA ANA
considered undesirable by the City of Santa Ana. Low branches overhanging sidewalks shall be removed to a height of seven (7) feet above grade. Young trees needing pruning, training, and shaping to develop and maintain a dominant leader from which smaller primary branches arise that are radially and vertically spaced along the trunk. From time to time, the contractor may be asked to raise the canopy of the trees for security reasons and this shall be considered routine maintenance.

1.3.4 STAKING, TYING AND GUYING
All trees under 4” DBH requiring staking shall be securely staked at all times with approved stakes and rubber VIT ties. Rubber hoses and wire will not be permitted. All stakes shall be set perpendicular to prevailing winds unless designated otherwise by the City of Santa Ana. Tree stakes shall also be set a consistent distance away from the trunk of the tree (minimum six (6) inches) to reduce abrasion and cell elongation. The tops of all tree stakes shall be removed approximately three (3) inches above the highest tie to reduce abrasion of main or lateral branches of the tree.

1.3.5 FERTILIZATION
All trees shall be fertilized using a complete or approved fertilizer a minimum of one (1) time per year.

1.3.6 WATERING
All trees shall be properly irrigated to maintain a healthy condition.

Trees shall not be maintained in an over watered and/or saturated condition.

1.3.7 REPLANTING
The Contractor shall be responsible for the complete removal and replacement of any and all trees lost due to the Contractor’s faulty maintenance or negligence, including but not limited to girdling trees with string trimmers or tree ties, improper planting of new trees, improper pruning techniques which disfigure or destroy the trees natural integrity and shape, or failure to detect and prevent treatable diseases and insect infestations as determined by the City of Santa Ana.

Replacement shall be made by the Contractor in the kind and size of trees determined by the City of Santa Ana. Where there is a difference in value between the trees lost and the replacement of trees, this difference will be deducted from the contract payment. In all cases, the value of the trees lost will be determined by the City of Santa Ana using the latest American Shade Tree Conference guidelines for value determination.

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CITY OF SANTA ANA

1.4. SHRUB CARE
Contractor shall remove dead shrubs and backfill to existing grade with imported soil as necessary to maintain a consistent finished grade. Sinkholes will not be acceptable as it represents a liability to the City. Replacements of shrubs will be approved by City of Santa Ana.

Wall vines adjacent to and coming from City landscapes are a part of the maintenance of this contract. Wall vines shall be kept trimmed approximately four (4) inches from the wall and eight (8) inches below the top of the wall. Where wall vines have been allowed to grow over the top of the wall, the Contractor shall keep wall vines trimmed down to the top of the wall. Wall vines may require trimming two or more times per month during the growing season.

1.4.1 PRUNING
All shrubs growing in the work areas shall be pruned as required, to maintain plants in a healthy growing condition and to maintain plant growth within reasonable bounds to prevent encroachment of passage ways, walks, streets, view of signs or in any manner deemed objectionable by the City of Santa Ana. Dead or damaged limbs or branches shall be cleaned out and removed with sharp pruning tools with no projections or stubs remaining. Pruning shall be done in a manner to permit plants to grow naturally in accordance with their normal growth characteristics except box hedging may be required on some shrubs, as designated by the City of Santa Ana. Shear hedging or severe pruning of plants, unless authorized by the City of Santa Ana, shall not be permitted. Should the Contractor shear hedges or severely prune plants and disfigure or damage the plants, the contractor shall be responsible for replacing those plants with like kind and size as determined by the City of Santa Ana. The Contractor may be requested from time to time to raise the bottom or lower the tops of the shrubs for security reasons. This shall be considered routine maintenance and performed at no extra cost to the City.

1.4.2 FERTILIZATION
All shrubs shall be fertilized using a complete fertilizer (such as 16-6-8) four (4) times per year.

The rate of application shall be two (2) pounds of actual nitrogen per 1,000 square feet. Proof of application in the form of empty fertilizer bags may be requested at any time by the City of Santa Ana. Advanced notice shall be given the City of Santa Ana prior to performing this task.

1.4.3 RENOVATION
Shrubs shall be thinned and pruned, separated and/or relocated for the health of the planting and the appearance of the site, and at such other times when directed by the City. Infill planting of bare shrub areas shall be replanted when necessary or upon request with plant material of the same species one time per year as part of routine maintenance at no additional cost to the City.

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CITY OF SANTA ANA

1.4.4 WATERING
All shrubs shall be properly irrigated to maintain a healthy condition. Shrub areas shall be deeply watered as required by weather conditions to provide adequate moisture for optimum growth. At no time shrub areas shall be allowed to show a lack of fresh green color or a loss of resilience due to lack of water.

Wherever or at any time that an irrigation system is damaged, fails or does not adequately cover the shrub area in which it is installed, the Contractor shall furnish and set out hoses and sprinklers, or other portable means, as required to uniformly water the shrub.

Automatic irrigation shall be conducted between the hours of 10:00 p.m. and 4:00 a.m. and shall be programmed to prevent excessive runoff, ponding or over watering.

Shrub areas shall not be maintained in an over watered and/or saturated condition.

Contractor shall respond immediately to signs of plant stress. Plant material lost due to stress shall be deemed Contractor negligence, as determined by the City of Santa Ana, and replaced at Contractor’s expense.

1.4.5 REPLANTING
The Contractor shall be responsible for the complete removal and replacement of shrubs lost due to normal attrition or due to Contractor’s faulty maintenance or negligence, as determined by the City of Santa Ana, at no additional cost to the City.

1.4.6 CULTIVATION AND MULCH
All bare soil or open areas shall be either cultivated weekly or covered by a minimum of two (2) inches of mulch. All mulch material shall be of a recycled product free from foreign grasses and weeds and shall be approved by the City. At no time shall weeds be allowed to remain in bare or planted areas.

Shrubs shall be pruned as required to ensure clear vehicular and pedestrian visibility and clearance. Remove broken or diseased branches and provide general containment and good appearance.

Plant material encroaching onto or from City property shall be trimmed back to property line at City’s discretion depending on circumstance, i.e. plants growing over fences and sidewalks from private property adjacent to contracted areas shall be trimmed back to the property line.

Prune shrubs to retain as much of the natural informal appearance as possible, consistent with intended use, i.e. vines not growing into other plants, etc. Coordinate with City of Santa Ana.

Continuously remove any spent blossoms or dead flower stocks, as required, to present a neat, clean appearance.

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Plants growing over curbing and/or sidewalks shall be maintained even with the edge of the sidewalk or curb and be trimmed on a natural taper rather than vertical, so as not to appear to be hedged.

Schedule the application of a complete fertilizer with an analysis of 15-15-15 at the rate of six (6) pounds per 1000 square feet as often as required, but no less than three times per year, to promote optimum growth and healthy appearance to all shrubs.

Ailing or stunted shrubs shall be removed at time of discovery and replaced in kind within five (5) working days. Shrubs requiring additional nutrients to correct deficiencies shall receive such nutrients within three (3) working days of discovery. Contractor shall replace shrub failure that is determined to be due to Contractor’s neglect or improper treatment at his expense.

1.5. WEEDS, DISEASE, AND PEST CONTROL

1.5.1 WEED CONTROL
All landscape and hardscape areas within the specified scope of work (including, but not limited to, turf, shrub and ground cover, planters, tree wells, ornamental bark or rock areas, sidewalk, asphalt or concrete areas) shall be kept free of weeds and foreign grasses at all times. The complete removal of all weed growth shall be accomplished on a continuing basis. Weeds shall be controlled by hand and approved mechanical or chemical methods.

The transferring of weeds or disease from one infected turf, plant or tree to another turf, plant or tree through improper or faulty maintenance shall be considered Contractor negligence, as determined by the City of Santa Ana.

Such negligence includes but is not limited to, non-cleaning or non-disinfecting of tools or equipment and for not isolating the infected area.

All affected turf, plant, or tree shall be replaced by Contractor at no cost to the City.

Contractor shall continuously control weeds at all sites with both pre and post-emergent chemical control through mechanical methods and/or by hand. It is intended that all sites will be practically weed-free through this process. Weeds determined by the City of Santa Ana to be objectionable shall result in a penalty assessed against Contractor for each affected site.

Contractor shall provide the same weed control in cracks, expansion joints and other small openings in the sidewalk/curb area.

1.5.2 DISEASE AND PEST CONTROL
The Contractor shall regularly inspect all landscaped areas for presence of disease, insect or rodent infestation. The Contractor shall advise the City of Santa Ana within forty eight (48) hours of when disease, insect, or rodent infestation is found, and the action to be taken. Upon approval City Council 29 – 107 8/20/2024

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of the City of Santa Ana, the Contractor shall implement approved control measures, following all Federal, State, County, and municipal laws, regulations and ordinances required for the approved work.

Approved control measures shall be continued until the disease, insect or rodent is controlled to the satisfaction of the City of Santa Ana. The Contractor shall utilize all safeguards necessary during disease, insect or rodent control operations to ensure safety of the public and the employees of the Contractor.

All pesticide operations, where required, shall be performed by a Qualified Applicator as certified by the State of California Department of Pesticide Regulation. The Contractor shall be responsible for compliance with all local, state, and federal laws and regulations regarding pesticide usage.

Contractor shall provide complete and continuous pest control and/or eradication of all pests or diseases in accordance with the specifications contained herein.

1.6. IRRIGATION SYSTEM MAINTENANCE

1.6.1 GENERAL RESPONSIBILITIES
Irrigation shall be done by the use of automatic or mechanical sprinkler systems, where available and operable, or manually; however, failure and/or damage of the existing irrigation system to provide full and proper coverage shall not relieve the Contractor of the responsibility to provide adequate irrigation with full and proper coverage to all areas in the contract work site.

Newly planted trees, shrubs, ground cover, and turf shall receive special attention until these plants are established. Adequate water shall be applied to promote normal healthy growth.

Proper berms or basins shall be maintained during the establishment period.

Any damages to public or private property resulting from excessive irrigation water or irrigation water runoff shall be charged against the contract payment unless immediate repairs are made by the Contractor to the satisfaction of the City of Santa Ana.

Contractor shall vacuum all irrigation cabinets and controllers, both inside and outside, and maintain in a thoroughly clean condition at all times.

1.6.2 OPERATION OF AUTOMATIC IRRIGATION CONTROLLERS
Where the operation of automatic irrigation controllers is required as part of this contract, the Contractor shall:
 Do not duplicate any coded City key furnished by the Public Works Agency for access and operation of the controller.
 Surrender all keys furnished by the Public Works Agency at the end of the contract City Council 29 – 108 8/20/2024

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period, or at any time deemed necessary by the City of Santa Ana.  Protect the security of City property by keeping controller cabinets and building doors locked at all times
 Refrain from using premises behind locked doors for storage of materials, supplies or tools, except as approved by the City of Santa Ana.
 Program normal irrigation between the hours of 10:00 p.m. and 4:00 a.m. or as required.

1.6.3 WATER CONSERVATION
The Contractor shall turn off irrigation system during periods of rainfall and times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of horticulturally acceptable maintenance practices as determined by the City of Santa Ana.

When the City of Santa Ana acknowledges the necessity to turn on the water once again, all controllers shall be activated within twenty-four (24) hours. After 24 hours, the City of Santa Ana at his discretion may elect to activate the controllers with City forces.

1.6.4 IRRIGATION SYSTEM MONITORING & INSPECTION
All irrigation systems shall be inspected and adjusted on a weekly basis or more frequently as required, considering the water requirements of each remote control valve.

The Contractor shall physically inspect (by manual or semi-automatically running the Controller) the operation of all systems weekly. The Contractor shall maintain all sprinkler systems in such a way as to guarantee proper coverage and full working capability, and make whatever adjustments are necessary, including but not limited to, adjustment of heads or inserts, or replacing of inserts, etc., to prevent excessive over spray/runoff into street right-of-ways or other areas not intended to receive irrigation over spray/runoff. Controllers shall be programmed to water during nighttime hours between approximately 10:00 p.m. and 4:00 a.m. or upon request/when required.

Contractor shall observe and note deficiencies occurring from the original design of facilities and review these findings with the City of Santa Ana so necessary improvements can be considered.

Authorization must be obtained from the City before proceeding with work not covered under normal maintenance work and the malfunctioning sprinkler system area shall be irrigated by a portable irrigation method until all authorized repairs have been completed to the City’s satisfaction.

All areas receiving marginal coverage shall be irrigated by a portable irrigation method. The Contractor shall furnish all hoses, nozzles, sprinklers, etc., necessary to accomplish this supplementary irrigation. Care shall be exercised to prevent waste of water, erosion, and/or detrimental seepage into existing underground improvements or structures.

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Contractor shall submit a quarterly (or upon request) irrigation report to the City of Santa Ana.

The report shall be of the format required by the City of Santa Ana and shall include, but not be limited to, controller location, address, type of controller, number of stations, and schedule for each station, turf, ground cover or shrub irrigation, condition of site, and repairs made for each station.

Contractor shall provide irrigation personnel fully trained in all phases of landscape irrigation systems operation, maintenance, adjustment, and repair. This is to include diagnosis and repair of controllers, valve wires, control valves, lateral lines, gate valves, main lines, strainers, pressure regulators, backflow devices, moisture sensors, master valves, and electric pedestals.

Contractor shall maintain an adequate stock of medium and high usage items for repair of all irrigation systems.

Automatic controllers and/or enclosures shall be locked while unattended. Contractor shall maintain a log at each controller location.

Contractor shall provide efficient use of water at all times. The controllers shall be programmed and monitored to maintain adequate moisture, optimal for growth and appearance, while eliminating excessive runoff. Adequate soil moisture shall be determined by visual observation, plant resiliency, and turgidity, examining cores removed by soil probe, moisture sensing devices, and programming irrigation controllers accordingly. Considerations must be given to soil texture, structure, porosity, water holding capacity, drainage, compaction, precipitation rate, runoff, infiltration rate, percolation rate, evapotranspiration, seasonal temperatures, prevailing wind condition, time of day or night, type of plant and root structure.

Compensation for irrigation system monitoring and inspection shall be considered included in other items of work and no additional compensation will be allowed.

1.6.5 IRRIGATION & DRAINAGE SYSTEM MAINTENANCE
Once a year during the month of March, Contractor shall wipe down the equipment in the irrigation controller cabinet to remove all dust and dirt, clean all electrical connections, install bait traps for control of ants, replace batteries as required, clean and remove intruding soil in valve boxes and replace gravel, as originally specified.

All hinges and locks shall be regularly oiled to ensure trouble free operation.

All controller enclosures must be painted in approved colors, as needed, to prevent rusting and maintain good appearance.

Sprinkler heads shall be kept clear of overgrowth that may obstruct maximum operation.

Repairs made to the irrigation system must be made in accordance with the system’s original design with products equal to or higher quality than currently provided. Workmanship shall be performed in accordance with industry standards.

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All leaking or defective piping, valves, or other system components shall be repaired within twenty-four (24) hours of detection.

Particular attention shall be paid to all slope areas, which will, by physical nature, provide for greatest potential runoff, which can contribute to erosion.

Contractor shall turn off controllers when adequate rainfall is anticipated.

In the event of irrigation system failure, manual watering required to keep the plant material in a vigorous, healthy condition is to be provided by Contractor and the irrigation system shall be repaired immediately at no additional cost to the City.

At no time shall Contractor utilize a fire hydrant for irrigation purposes.

Contractor will keep system in operation by valve or head adjustment to keep all systems operating at manufacturer’s recommended operating pressure. This shall be accomplished by valve throttling pressure gaging. The valves should be throttled to prevent sprinkler heads from fogging, allowing droplets for effective watering. The City of Santa Ana may request a coverage test to evaluate proper settings, timing, usage, or maintenance of system.

All valve boxes, controllers, and backflow devices shall be kept clear of plant growth.

Contractor shall be responsible for periodic inspection of surface drains located within the landscaped areas. These drains shall be checked to assure proper functioning. Remove any debris or vegetation that might accumulate at the inlet and prevent proper flow of water.

Any erosion damage because of Contractor’s failure to keep the surface drains clear shall be repaired at Contractor’s expense.

Irrigation and drainage system repairs shall be compensated on a time and materials basis as agreed to by the Contractor and the City.

1.7. GENERAL MAINTENANCE AND CLEAN-UP
The Contractor shall collect all clippings, trimmings, cuttings, rubbish and debris, and posted signs at all work sites and dispose of same in a lawful manner per contract requirements at the Contractor’s expense.

All trash and debris shall be removed from all worksites a minimum of one (1) time per week.

The Contractor shall rake, hand remove, or vacuum leaves that are not absorbed by planting. This shall be done as often as required to maintain a neat appearance, or prevent plants from being smothered by seasonal leaf drop at least weekly or as directed by City of Santa Ana.

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After heavy windstorms, the entire contract area shall be cleaned of litter, fallen branches, etc. Contractor shall respond to calls from City of Santa Ana immediately.

Contractor shall patrol all areas for trees down, fallen branches, hanging branches, debris, and other potential hazards.

The Contractor shall keep sidewalks and all paved areas in the medians and under overpasses swept and cleaned of any debris, weeds, dirt, or soil. Tree wells shall be maintained weed free.

1.8. OTHER REQUIREMENTS

1.8.1 NEW CONSTRUCTION
Where new construction or redevelopment may involve a significant part of a work site, the City of Santa Ana may delete a portion of or the entire work site from contractual maintenance during the construction and plant establishment period. The deletion of this portion of work will be reflected as a reduction in the monthly payment to the contractor.

The amount of reduction will be based on the percentage of area involved and agreed upon by the City and the Contractor.

1.8.2 INSPECTION
The City of Santa Ana shall weekly and/or as needed/upon request inspect the work area to ensure adequacy of maintenance and that methods of performing the work are in compliance with the contract. However, this shall not be construed to relieve the Contractor’s supervisor of the duty to provide continuous inspection of the work area.

Contractor shall provide a dedicated supervisor to Santa Ana for this contract.

Discrepancies and deficiencies in the work shall be corrected by the Contractor immediately. The City expects a high level of service and maintenance.

1.8.3 NEW MAINTENANCE AREAS
Additional routine maintenance may be added to this contract. Payment for add-on maintenance shall be computed based on specified rates provided by the contractor.

1.8.4 DAMAGE REPAIR
All damage incurred by the Contractor’s operations shall be repaired or replaced in kind and size at the Contractor’s expense.

Irrigation repairs shall be completed within twenty-four (24) hours using approved materials.

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Non-irrigation repairs shall be completed within seven (7) working days and shall be repaired using only pre-approved materials.

Contractor shall be responsible for repair-related maintenance such as, but not limited to, watering and fertilizing of replaced plant materials until accepted by the City of Santa Ana.

1.8.5 VANDALISM
Contractor shall immediately report damaged landscaping caused by vandalism or vehicle accidents to the City of Santa Ana.

1.8.6 ANNUALS
Areas designated for annuals planting shall be rotated on a triannual (three times a year) basis. Appearance of designated areas shall be kept fresh and vigorous at all times.

PART II: SCHEDULING OF WORK
The Contractor shall accomplish all routine landscape maintenance required under this contract between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday. The City of Santa Ana may grant, on an individual basis, permission to perform maintenance at other hours. No maintenance functions that generate excess noise, which would cause annoyance to residents of any area, shall be commenced before 7:00 a.m. No Saturday or Sunday work is to be scheduled without permission from the City of Santa Ana, unless it is an emergency situation. The Contractor shall establish a schedule of routine work to be followed in the performance of this contract. A copy of this schedule shall be provided to the City of Santa Ana prior to the performance of any work required by these specifications, and any changes in scheduling shall be reported in writing to the City of Santa Ana immediately. Routine maintenance Locations shall not be interrupted/not completed as schedule without prior approval of the City of Santa Ana.

The Contractor shall conduct the work at all times in a manner which will not interfere with pedestrian traffic on adjacent sidewalks or vehicular traffic on adjacent streets. All work performed under this contract shall be performed in such a manner as to provide maximum safety to the public, to the Contractor, and where applicable, comply with all safety standards required by CAL-OSHA. In addition, a special notification listing exact starting date for renovation, pruning and other infrequent operations, shall be furnished to the City of Santa Ana at least five (5) working days in advance of performing these operations.

1. LEVEL OF MAINTENANCE
All work shall be performed in accordance with the HIGHEST INDUSTRY STANDARDS, as stated in the enclosed maintenance specification description. Standards and City Council 29 – 113 8/20/2024

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frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the sites.

If, in the judgment of the City, the level of maintenance is less than that specified herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein, withhold appropriate payment from the Contractor until services are rendered in accordance with specifications set forth within this document and providing no other arrangements have been made between the contractor and the City. Failure to notify of a change and/or failure to perform an item of work on a scheduled day may result in deduction of payment for that date, week or month. Payment will be retained for work not performed until such time as the work is performed to City standards.

The Contractor is required to correct deficiencies within the time specified by the City. If noted deficient work has not been completed, payment for subject deficiency shall be withheld for current billing period and shall continue to be withheld until deficiency is corrected, without right to retroactive payments.

2. QUALITY OF WORK AND MATERIAL
All material and equipment furnished by the Contractor shall be new, high grade, and free from defects and imperfections, unless otherwise hereinafter specified. Workmanship shall be in accordance with the best standard practices. Both materials and workmanship shall be subject to the approval of the City of Santa Ana. All materials used shall be approved in advance by the City of Santa Ana.

The City reserves the right to purchase materials directly and make them available to the Contractor. In the event the City exercises the option to purchase the materials, the following conditions will apply:
 Contractor shall conform to all City practices and procedures.  Contractor shall comply to all safety regulations by City and CAL OSHA.  All City purchases will be for the sole expressed use of and for the City.  The Contractor shall secure, store, inventory, distribute and control all materials entrusted to the Contractor’s representatives. All materials and inventories shall be made available to the City upon request.

3. SUPERVISION OF CONTRACT
All work shall meet with the approval of the City of Santa Ana. Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor and if not corrected, payment to the Contractor will not be made until the condition is corrected in a satisfactory manner as set forth in the specifications.

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4. WORKMANSHIP AND SUPERVISION
Work shall be performed by competent and experienced workers. The work force shall include a thoroughly skilled, experienced, and competent supervisor who shall be responsible for adherence to the specifications.

All personnel shall be neat in appearance and in uniforms. All personnel shall wear identification badges or patches. Those employees working in or adjacent to traffic lanes shall wear safety vests and follow all necessary safety procedures at the facilities.

Persons employed by the Contractor who are found not to be satisfactory by the City shall be discharged or reassigned by the Contractor on fifteen (15) days’ notice from the City.

5. SAFETY REQUIREMENT
The contractor shall provide a safety data sheet (SDS) for all chemicals including but not limited to pesticides, herbicides, etc. to the City of Santa Ana prior to utilization.

All work performed under this contract shall be performed in such a manner as to provide maximum safety to the public and where applicable, comply with all safety standards required by CAL-OSHA. The City of Santa Ana reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract. All contractor vehicles shall have a “W.A.T.C.H.” work area traffic control manual at all times.

The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from his/her operations. Any hazardous condition noted by the Contractor, which is not a result of his/her operations, shall be immediately reported to the City of Santa Ana. The City can cancel or stop work at any time when the safety of the Contractor, the public, etc. is compromised.

The contractor shall assure that each employee or subcontractor under the contractor’s supervision is trained in the work practices necessary to safely perform his or her job. The contractor will assure that each employee or subcontractor under the contractor’s supervision is instructed in the known potential hazards related to his or her job. The contractor shall assure that each employee or subcontractor under the contractor’s supervision follows safety rules and safe work practices.

6. SCHEDULES

6.1. ANNUAL SCHEDULE
 The annual schedule shall be submitted for City approval within fifteen (15) calendar days after effective date of the contract.
 The Contractor shall submit revised schedules when actual performance differs substantially from planned performance.

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6.2. WEEKLY SCHEDULE
. Changes to the schedule shall be received by the City of Santa Ana at least twentyfour (24) hours prior to the scheduled time for the work. . Failure to notify of a change and/or failure to perform an item of work on a scheduled day may result in deduction of payment for that date, week, or month. . The Contractor shall adjust his/her schedule to compensate for all holidays and rainy days. Maintenance and litter removal shall be scheduled for all holidays and rainy days, unless otherwise indicated by the City.

6.3. DAILY SCHEDULE
o Changes to daily schedule can be made verbally or by email to the City of Santa Ana.

7. PERFORMANCE DURING INCLEMENT WEATHER
During periods of storms, Contractor will provide supervisory inspection of the project during regular hours to prevent or minimize possible damage from inclement weather.

Contractor shall submit a report identifying any storm damage to the City of Santa Ana attached to a site map identifying location of damage and cost estimate to repair/replace.

If remedial work is required beyond the scope of this contract, it shall be considered as extraordinary work.

During periods of inclement weather, i.e. rain/wind; Contractor’s workforce shall accomplish work not affected by such weather, i.e. litter pick up/spent blossom removal, preventative maintenance, etc.

Contractor shall stake and re-tie trees as required. Drains shall be checked and cleaned as necessary. Contractor shall remove all branches and debris resulting from inclement weather. Contractor may be required to perform additional clean-up tasks due to inclement weather.

8. MATERIAL
The Contractor shall submit a list to the City of Santa Ana of all materials that the Contractor proposes to use in the execution of this work. The list shall include the chemical analysis, recommended usage and any other pertinent data by the manufacturer of material. Said list shall be submitted before use of any product, pursuant to the provisions of this agreement. All materials used or submitted shall be in full compliance with all Federal, State, County, and local agency laws, guidelines and requirements.

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The following shall apply to the material indicated:
 Fertilizers shall be complete, furnishing the required percentage of nitrogen, phosphoric acid and potassium to keep lawns, trees, shrubs, and other plants in a healthy and vigorous growing condition.
 Insecticides, fungicides, herbicides, and rodenticides shall be of the best quality obtainable, properly labeled with guaranteed analysis, and brought to the job site in the manufacturer’s original container.
 Tree stakes, tree ties and guy wires shall be of materials matching those existing in the work site or as specified by the City of Santa Ana.  Replacement trees, shrubs, ground cover, and other plants shall be of a size, condition and variety specified by the City of Santa Ana.  Replacement plant materials may be inspected by the City of Santa Ana prior to planting.
 The City of Santa Ana shall determine replacement lawn sod.

9. RECYCLING/DISPOSAL
All organic waste (including leaves, grass clippings, brush, branches, and tree parts) resulting from work performed under this contract shall be recycled through composting or processing for use as mulch. Organic waste cannot be taken to the landfill. The names and addresses of the licensed green-waste composting or processing companies, and haulers, along with the tonnages used and receipts, shall be provided to the City of Santa Ana in a monthly written report and an annual written report.

A hundred percent (100%) of all landscape debris will be disposed of through a landscape material recycling center or reused in some manner. The Contractor shall dispose of all cuttings, weeds, leaves, 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. to the City. At no time is the Contractor permitted to use City dumpsters.

10.RECORDS
The Contractor shall, within fifteen (15) days of the effective date of an executed agreement, prepare and submit a written annual maintenance calendar to the City of Santa Ana. This maintenance calendar shall clearly indicate all of the landscape maintenance tasks required by this agreement and the months of the year they are scheduled to be performed. If it is necessary to make periodic revisions to this maintenance schedule, a modified calendar must be submitted to the City of Santa Ana for approval prior to the date the changes are to take effect.

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11.EMERGENCY SERVICES
The Contractor shall provide the City with names and telephone numbers of at least two qualified persons who can be called by City representatives when emergency maintenance conditions occur during hours when the Contractor’s normal work force is not present in the City of Santa Ana. These Contractor representatives shall respond to said emergency within twenty four (24) hours from receiving notification.

12.UNDERGROUND EXCAVATIONS
Contractor shall be responsible for locating all underground utility lines to insure the safety of his/her work crew and to protect, in place, existing utility equipment before commencing any excavation. Contractor shall contact the City of Santa Ana and Underground Service Alert (811) 48 hours before commencing any excavation, to locate underground service lines.

13. AS NEEDED LANDSCAPE PLANNING AND BEAUTIFICATION PROJECTS The contractor shall provide estimates, at the City’s request for as-needed landscape planning and/or beautification requests. Work under this category shall be based upon a time and material basis using the company hourly rates. Requests for service shall be responded to within 24 hours. No work shall begin unless authorized by the City.

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Maintenance Frequency Schedule

FUNCTION
Turf Maintenance

FREQUENCY
Mowing
Edging
Once/Week
Once/Week
Once/Week
Once/Week
Clipping Removal
String Trimming
Fertilize
Pest and Weed Control
Visual Inspection
Chemical Weed Control
Four (4) times a year
Continuous/As needed
Weekly
Continuous/As needed
Ground Cover Maintenance
Trim Monthly
Fertilize Four (4) times a year
Continuous/As needed
Weekly
Pest and Weed Control
Visual Inspection
Pre-emergent herbicide Minimum once a year or as needed Shrub, Vine and Tree Maintenance
Trim
Shrubs
Vines
Trees
Monthly or sooner if needed
Six (6) times a year
Continuous/As needed
Four (4) times a year
Weekly
Fertilize
Visual Inspection
Pre-emergent herbicide Continuous/as needed
Hardscape Maintenance Weekly
Weekly
Grounds Policing/Litter Removal
All Areas
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EXHIBIT II: SITE LOCATIONS & MAPS
Square
Feet
(approx)
Turf
Maintenance
(Grass)
Ground
Cover
Maintenance Maintenance
Shrub, Tree,
Vine, Hardscape
Maintenance Site Site Name
#
Address
14th/Poinsetta,
Santa Ana, CA
92701
Elevated
Tank 1 6,000 X X
X
2736 N
Cambridge Cambridge St. 2 31,300 X X
Station Santa Ana, CA
90701
2733 Concord St.

Santa Ana, CA
92705
Cambridge
Lot 3
4 31,695
56,300
100,800
79,800
36,100
4,150
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
1730 S. Santa
East Station Fe, Santa Ana,
CA 92705
2401 N Bristol St,
Santa Ana, CA
92706
1727 W Alton
Ave, Santa Ana,
CA 92705
201 S Mountain
View, Santa Ana,
CA 92703
4404 W 1st St.

Santa Ana, CA
92703
723 W Walnut St,
Santa Ana, CA
92701
1011 W 6th St,
Santa Ana CA
92703
4426 W 1st St,
Santa Ana, CA
92703
J. Garthe
Station 5 X
South
Station 6
West
Station 7
West
Station Lot 8 X
9 Walnut X
Well 16
Well 21
Well 24
Well 29
6,600 X
10 11
12 13
490
2,900
1800 W 22nd St,
Santa Ana CA
92706
101 S Flower St,
Santa Ana CA
92701
1,270 X X
1,900
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Square
Feet
(approx)
Turf
Maintenance
(Grass)
Ground
Cover
Maintenance Maintenance
Shrub, Tree,
Vine, Hardscape
Maintenance Site Site Name
#
Address
202 S Flower
Ave, Santa Ana
CA 92703
120 S. Flower St.

Santa Ana, CA
92703
4426 W 1st St,
Santa Ana, CA
92703
1815 E Chestnut
St. Santa Ana,
CA 92701
917 W Walnut St,
Santa Ana CA
92703
1718 N Sydney
Pl, Santa Ana CA
92706
501 ¾ W Memory
Lane, Santa Ana
CA 92706
Flower
South 14
15 16
17 18
19 20
8,450
3,000
3,900
380
X X
X
X
X
X
X
X
Flower
North X
Well 30 X
Well 31
Well 33
Well 35
PRV-1
X
X
X
X
X
X
X
X
5,200
7,150
3,100
X
627 E
Washington Ave,
Santa Ana CA
92701
21 Washington 31,000
512,701
2,500
X
X
X
X
X
X
City of 215 S. Center St,
Santa Ana, CA
92703
Santa Ana
Corporate
Yard
22 23
X X
2007 W
McFadden Ave,
Santa Ana, CA
92704
Well 37
315 E 17th St,
Santa Ana, CA
92706
612 N Figueroa
St, Santa Ana,
CA 92703
2215 S. Ritchey
St, Santa Ana,
CA 92705
17th Street
Lot 24
25 26
7,200
7,875
2,442
4,150
X
X
X
X
X
X
X
X
Figueroa
Lot X
X
X
SA 7
San 2909 S. Bristol St,
27 Lorenzo Lift Santa Ana, CA
Station 92704
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Square
Feet
(approx)
Turf
Maintenance
(Grass)
Ground
Cover
Maintenance Maintenance
Shrub, Tree,
Vine, Hardscape
Maintenance Site Site Name
#
Address
Crooke
Reservoir
Lot
Santiago Park,
Santa Ana, 92706 28 13,750 X X X
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Cambridge Lot
CambridgeLot
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Flower North
Flower North
Flower South
Flower South
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17th Street Lot
17thStreetLot
City Council 29 – 145 8/20/2024
Figueroa Lot
FigueroaLot
City Council 29 – 146 8/20/2024
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San Lorenzo Lift Station
SanLorenzo
LiftStation
City Council 29 – 148 8/20/2024
Crooke Reservoir Lot
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Crooke
ReservoirLot
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EXHIBIT B
CONTRACTOR’S PROPOSAL
City Council 29 – 150 8/20/2024
Landscape Maintenance Services for
Water Facilities and City Corporate Yard
Due Date: April 5th, 2024
City Council 29 – 151 8/20/2024
City Council 29 – 152 8/20/2024
Table of contents

1. Statement of Qualifications ......................................................................................................2 a. Cover Letter...............................................................................................................................2 b. Services Provided......................................................................................................................4 c. Agreement Statement...............................................................................................................5 d. Firm and Team Experience........................................................................................................5 e. Proposed Work Plan................................................................................................................11 f. References ...............................................................................................................................16

2. Cost Proposal ..........................................................................................................................17 Extra Work Pricing Process..........................................................................................................18 VII. Certifications (Attachments).................................................................................................19 IX Minimum Scope and Limit of Insurance..................................................................................27 Company Values .........................................................................................................................29 “We blend Nature and Craftsmanship
to create ultimate outdoor settings and extremely
satisfied customers”
City Council Our Core Values – Safety • Teamwork • Quality • Integrity Page 3 29 – 153 8/20/2024 b. Services Provided
Methodology

1.1 Turf Care
Frequency: weekly
All turf shall be mowed with mulching mowers making sure no excessive amounts of clippings is left behind. Edging and detailing shall take place congruent with the mowing operations. Fertilization shall take place 4 times per year with 2 applications taking place with a 23-3-9 fertilizer and 2 times with a 16-6-8 fertilizer. Dethatching and overseeding shall take place 1 time per year. Weeds shall be controlled by approved herbicides.

1.2 Groundcover Care
Frequency: monthly
Groundcovers adjacent to hardscape such as sidewalks, walkways, playgrounds, sport courts and parking lots shall be edged weekly and the same time as the turf operations. Herbicides shall be used as a last resort to keep areas weed free after mechanical methods fail to provide the desired results. Fertilization shall take place 4 times per year with a 16-6-8 fertilizer. 250 flats shall be taking into account for groundcover renovation.

1.3 Tree Care
Frequency: continuous/as needed
All trees shall be monitored for any hazard conditions and shall be reported immediately. An annual report shall be provided by an ISA Certified Arborist, by January 30th of each year to depict the overall condition and health of all trees under the scope of contract.

1.4 Shrub Care
Frequency: monthly or sooner if needed
All shrubs shall be pruned as required to maintain the plants in a healthy growing condition and to prevent plant growth into encroachment of passageways, walks, streets, view of signs or in any manner deemed objectionable by the City of Santa Ana. All shrubs shall be fertilized 4 times per year with a complete fertilizer such as 16-6-8. 300 CY of mulch shall be included in the proposal for mulching bare spots.

1.4 Weeds, Disease, and Pest Control
Frequency: continuous/as needed
All weed control shall be done by hand pruning or with an approved chemical method. No glyphosate shall be used in this contract.

City Council Our Core Values – Safety • Teamwork • Quality • Integrity Page 4 29 – 154 8/20/2024

1.6 Irrigation System Maintenance
Frequency: weekly
All irrigation systems shall be checked weekly for physical inspection of the operations. During the checks any adjustments shall be made if needed. All irrigation personnel shall be fully trained in all phases of landscape irrigation systems operation, maintenance, adjustment, and repair. Personnel shall be able to diagnosis and repair of controllers, valve wires, control valves, lateral lines, gate valves, main lines, strainers, pressure regulators, backflow devices, moisture sensors, master valves, and electric pedestals.

1.7 General Maintenance and Clean-Up
Frequency: weekly
All areas shall be left in a clean and safe condition after maintenance operations. All trash and debris shall be removed from all worksites weekly.
c. Agreement Statement
Mariposa Landscapes, Inc ensures that all work shall be performed based on the contract per the City of Santa Ana’s requirements as indicated in the provisions in EXHINIT III – Sample Agreement. We are confident that we will be able to improve over the current level of landscape maintenance that is being provided for the City of Santa Ana. Our proposal includes an adequate level of labor, materials and equipment to sustain a high level of landscape maintenance for water facilities and City Corporate Yard throughout the term of this contract. d. Firm and Team Experience
Firm’s Experience
Description of Firm
Mariposa is a landscape contractor working in both Southern California and Arizona. With our staff experience and dedicated professionals, we have developed a long history of excellence performing work on hundreds of landscape construction, maintenance, and tree care projects.

Company History
In 1977, Terry Noriega established Mariposa Landscapes, Inc in Rosemead, California, by providing landscape maintenance and installation for custom residential and small commercial clients. After 5 years, he created the Public Works Maintenance Division, in 1989 the Public Works Construction Division was added, and in 1987, a Tree Care Division was formed. Mariposa Landscapes, Inc reincorporated in 1989 as Mariposa Horticultural Enterprises, Inc. In 2009, the company changed their business name back to Mariposa Landscapes, Inc. The company currently has a workforce of over 800 employees covering Southern California and Arizona. To this day the company has been in business for over 40 years.

City Council Our Core Values – Safety • Teamwork • Quality • Integrity Page 5 29 – 155 8/20/2024 Our Services
Landscape Maintenance
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Private, Commercial, Public Works and Homeowner Associations Large Scale Mowing Operations
Comprehensive Irrigation Planning & Management.

Environmentally Friendly Integrated Pest Management.

Year-round Fertilization Application.

Baseball Field Prep and Athletic Turf Maintenance.

Porter Services and Color Design.

Parking Lot Sweeping
Tree Care
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On-site Diagnosis and Tree Work Recommendations
Consultative Services with Certified Arborists.

Development of Long-term Tree Care Programs.

Large-scale Tree Trimming Removal.

Diagnosis/Treatment of Tree Diseases and Pest Problems.

Stump Grinding and Disposal of Trimmings.

GIS Tree mapping and asset management
Certified Workers & Comprehensive Insurance Coverage.

Landscape Construction
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Site Preparation, Demolition, Grading and Drainage.

Irrigation Systems Installation, Repairs & Upgrades.

Computerized Irrigation Central Control Systems.

Irrigation Pump Installation.

Native Plant Restoration and Habitat Rehabilitation.

Park construction and Athletic Field installations.

Tree, Shrub, & Ground-cover planting.

Hardscape Construction
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Concrete Poured-in-Place, Stamped and Seat Walls.

Flagstone, Tile, Masonry and Block Walls.

Drainage and Overhead Construction.

Water Feature Pond Installation & Repair.

Monuments and Signage.

Low Voltage Lighting Design and Installation.

City Council Our Core Values – Safety • Teamwork • Quality • Integrity Page 6 29 – 156 8/20/2024 Brief Chronology:
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1977: The Company is established in Rosemead, California. 1982: The Public Works Maintenance Division is formed.
1984: The Public Works Construction Division is added.
1987: The Tree Division is added.
1991: Relocates to our current facilities in Irwindale, CA. 1994: Expands operations by opening a branch in Fontana, CA. 2001: Establishes an office in Glendale, Arizona.
2003: Expands into servicing the Ventura County.
2010: Branch office established in Orange County.
2013: Branch Office established in Palm Springs Area.
2023: Over 40 years in Business!
Proposer Identification
Legal Name: Mariposa Landscapes, Inc.

Street/Mailing Address: 6232 Santos Diaz St., Irwindale, CA 91702 Telephone Number: (626) 960-0196
Fax Number: (626) 960-8477
Proposal Contact Email Address: [email protected] Proposal contact: Joceylin Figueroa
President: Terry Noriega
California Corporation: C1469653
California Employer ID: 368-4753-1
Date Incorporated: January 26th, 1981
Licenses & Certificates
Contractors State License:

Qualified Applicators License:

Pest Control Adviser License:

Pest Control Business License:

Irwindale Business License:

Supplier Clearinghouse MBE:

City of Los Angeles MBE:

City of Los Angeles LBE:

LA County MBE:
592268
103864
74416
C27, A, C61/D49, C31

ABCDEFH
ABCDEG
30977
000538
94HS0050
561730
37858
89126
LA Co. Agricultural Pest Control
Certified Arborist:
1000279
WE-1182A
Minority Business Enterprise
MBE Certification, File No. CCA-7150 for the City of Los Angeles, The Women and Minority Business Enterprise Clearing house has audited and verified our eligibility as a MBE pursuant to the California Public Utilities Commission General Order 156.

City Council Our Core Values – Safety • Teamwork • Quality • Integrity Page 7 29 – 157 8/20/2024 Green Waste Processing Capability
Mariposa Landscapes, Inc. has a recycling program for green waste and paper products. We implement this program at our local offices and at all job sites. Mariposa currently uses hybrid vehicles and electric equipment where required. Mariposa notifies all project managers of the green initiatives prior to the award of contract.

Company Highlights
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Over 45 years in business
Contractor’s license in two states
Over 800 employees
Insured – $1 million workers comp, $10 million in aggregate general liability limit $100 million in bonding capacity
Over 95 awards for project excellence
Address and Headquarters
Nearest Serving Office – Santa Ana Branch Company Headquarters - Irwindale 1107 E. Walnut St 6232 Santos Diaz St
Irwindale, CA 91702
Phone 626 960-0196
Fax 626 960-8477
Santa Ana, CA 92701
Phone 626 960-0196
Fax 626 960-8477
City Council Our Core Values – Safety • Teamwork • Quality • Integrity Page 8 29 – 158 8/20/2024 Project Team Resumes
Project Manager/Principal Agent:

Michael Williams – Area Manager
• Over 45 years of experience in landscape management, irrigation design and retrofit, maintenance and arbor care.
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BS in Ornamental Horticulture, Cal Poly San Luis Obispo CPR Safety Trained
Qualified Applicator License 133955
Reclaimed water site supervisor certified
Associates in Charge When Project Manager/Principal Agent is Unavailable Irving Gallegos – Account Manager
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16 years of experience in the landscape industry
AA Degree in Business Management, Saddleback College
Horticulture and Landscape Design Certificate, Saddleback College Qualified Applicator License, Category B
California Friendly Landscape Training Program
Safe Working Zone Training
CPR Safety Trained
Forklift Operator Certification
Certified in QWEL
Certified in CLCA Water Management
Certified Recycled Water Site Supervisor
Jose Sanabria – Account Manager
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Over 20 years of experience in the landscape industry
Qualified Applicator License, Category B
Landscape Industry Certified Technician
Additional Key Personnel
Richardo Chaidez – Field Supervisor
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20 years Landscape and irrigation experience
Recycled water site supervisor
CPR and Safety Training
Irrigation Specialists - TBD
• Minimum 3 years of experience in the landscape industry with knowledge in landscape irrigation troubleshooting repair
• CPR Safety Trained
City Council Our Core Values – Safety • Teamwork • Quality • Integrity Page 9 29 – 159 8/20/2024 Spray Technician - TBD
• Minimum 3 years of experience in the landscape industry with knowledge in landscape irrigation troubleshooting repair
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Qualified Applicator License (QAC)
CPR Safety Trained
Foreman - TBD
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Minimum 3 years of experience in the landscape industry CPR Safety Trained
Laborer - TBD
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Minimum 1 years of experience in the landscape industry CPR Safety Trained
Organizational Chart
City Council Our Core Values – Safety • Teamwork • Quality • Integrity Page 10 29 – 160 8/20/2024 e. Proposed Work Plan
Mariposa Landscape, Inc understands and agrees to follow the scope of work provided in RFP No. 24-018.

There will be a sufficient number of laborers to fulfill this contract. This includes 1 supervisor/account manager, 2 foreman, 2 laborer, and 1 irrigation tech that will look over the routine maintenance such as mowing and shrub maintenance.

Each branch has crews that perform extra work so that the committed amount of manpower of each site is not affected by additional requested services.

Note: Named staff listed above is subject to change, however the position will be filled by the qualified trained personnel needed to fulfill the necessary Scope of Work. For the most efficient transition, Mariposa will consider hiring any qualified workers from the incumbent contractor’s work force.

Anticipated Approach
No. of
Employees Job Titles Description of Work District 1
Shrub and Ground Cover Pruning Crew
The foremen will be responsible for carrying out the pruning schedule. This includes all pruning of shrubs and ground cover as well as documenting and communicating work reports and hazardous conditions. The foremen will be in direct contact with the Account Manager.

Foreman
(20%)
1 1
The laborers assigned to this contract will be responsible for assisting all routine pruning tasks, including all pruning of shrubs and ground cover.

Laborers
(20%)
Mowing Operations
The foreman will be responsible for carrying out the weekly mow schedule and will work with the crews every day. This includes documenting and communicating work reports and hazardous conditions. They will be in direct contact with the Account Manager.

Foreman
(20%)
1 1
The laborers assigned to this task will be responsible for routine tasks.

Including operating mowers, edging, weed removal and litter control as needed.

Laborer
(20%)
Irrigation
Irrigation
Technicians
(5%)
The irrigation technician will be responsible for all minor irrigation repairs and monitoring. They will report directly to Account Manager. 1 City Council Our Core Values – Safety • Teamwork • Quality • Integrity Page 11 29 – 161 8/20/2024 Implementation and Startup Plan
Project Startup and Quality Control Coordination Meeting The Project Estimator and the Account Manager review the project specifications and visit the project site(s) to develop a work plan for the completion of the project per specifications. A meeting including the Account Manager with key personnel responsible for carrying out the work, is held to discuss and coordinate how the project work will be performed.

Documentation
Prior to commencement of contract work we will thoroughly inspect and document deficiencies. After this is completed for each location, we will provide a detailed list. We will also include a proposal for restoring the area to its original condition if applicable. During the meeting, the Account Manger communicates the work task quality requirements and reinforces heightened awareness for critical requirements.

Topics for the meeting include:
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Project requirements per specifications.

Record keeping documents and availability of necessary forms.

Review methods, sequence of work tasks and timeline.

Preparatory Site Inspection
The Account Manager performs a quality inspection of the work area and:
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Assesses the required work to be done per specifications.

Verifies field measurements.

Assures availability of required equipment and materials to complete the project.

Identifies potential problems and develops an action plan to resolve them.

Scheduling
Mariposa Landscapes, Inc. will submit a detailed schedule that includes all the routine activities. After submission and approval of this schedule, we will be ready to start work.

Labor
Our proposal is calculated to provide full-time employees to the project on a year-round basis. It is our goal to provide professional results. Therefore, we will assign the appropriate and trained crew force necessary to complete the specified activities in a professional and timely manner. To achieve the desired results, the appropriate labor will be assigned for every aspect of the work.

Contract Executed or an Official Notice to Proceed
On new contracts we typically purchase trucks and equipment, so we cannot initiate purchases until we have a signed commitment. Quicker startups that are 30 days or less may be an issue with supply chain delays. We prefer a 60 to 90 day start for our procurement. During this period, before the Job Start, we may have one or more meetings with the client to meet the management staff and go over a preliminary schedule of work. We also use this interim City Council Our Core Values – Safety • Teamwork • Quality • Integrity Page 12 29 – 162 8/20/2024 time to prepare more detailed maps of the areas with measurements so we can pre-order the materials we will need (fertilizer, IPM material for weed control and other consumables.) Job Start
On day 1 our crews will have detailed maps of the areas along with task lists and the initial schedule. Our management is heavily involved in logistics during this time. We also go through the irrigation systems with our technicians to perform our initial evaluation. If we find anything that is broken, inoperative or neglected, we create a detailed list with repair pricing and a completion schedule for the customer. 30 Day Evaluation
At 30 days we have a special evaluation meeting with the customer. There are always aspects of every job that cannot be completely spelled out in the work scope and specifications like, custom timelines, work sequences and specific area needs. We go over the experience so far and identify what is working well and what needs adjustment.

The customer gets an action plan for any adjustments with timeline commitments from us along with the initial irrigation system inspection.
60 Day Evaluation
At 60 days we anticipate operations to be going smoothly and meeting expectations. We perform a customer survey to assess the customer’s perception of the experience related to the proposal process, transition to operations and the actual performance on the job. Our goal is to receive the highest score possible from our clients and provide complete customer satisfaction.
90 Day Evaluation
At 90 days the customer receives a survey with one question on it “Would you recommend Mariposa Landscapes to other customers right now?” Our goal is to receive an enthusiastic “Yes” to this question.

Quality Control Program
We perform internal quality control on our work to free up our contract monitor or client representative (be it a Public Works Inspector or Property Manager) so that he or she will have a reduced work load. This creates a positive environment for everyone involved and enhances our client relationships. Our main philosophy behind quality control is summed up in one statement “Plan your work and work your plan.” Therefore, the work is to be planned and monitored in the following ways:

City Council Our Core Values – Safety • Teamwork • Quality • Integrity Page 13 29 – 163 8/20/2024 Annual Work Schedule
Here is a sample schedule. A final schedule will be provided upon start of work.

JANUARY FEBRUARY
Week Week
MARCH
Week
APRIL
Week
MAY
Week
JUNE
Week
JULY
Week

AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER
Week Week Week Week Week
# of
Frequencies Turf Areas
1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 Litter Control, All Areas, Liner Replacement
Mowing
Per Visit
52 X year
52 X year
52 X year
52 X year
2 X year
3 X year
3 X year
2 X year
Monthly
Weekly
Edging & Detaling
Blowing
Sweeping
Broadleaf Control
Pre-emergent application
Fertilizations
Aeration
Pest Monitoring
Irrigation System Inspections

JANUARY FEBRUARY
Week Week
MARCH
Week
APRIL
Week
MAY
Week
JUNE
Week
JULY
Week

AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER
Week Week Week Week Week
# of
Frequencies Shrubs & G.C Areas
1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 Hedge Trimming
Ground-Covers Trimming
Ground-Covers Edging
Shrub Pruning
Deadheading & Cleaning
Weed Control
8 X year
8 X year
8 X year
8 X year
As Needed
Monthly
2 X year
3 X year
Monthly
4 X year
1 X year
As Needed
Monthly
Weekly
Fertilizations
Pre-emergent application
Mulching Refreashing
Annual Color
Premium Color
Removal of Dead Plants
Trees & Shrubs Safety Clearance
Irrigation System Inspections

JANUARY FEBRUARY
Week Week
MARCH
Week
APRIL
Week
MAY
Week
JUNE
Week
JULY
Week

AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER
Week Week Week Week Week
# of
Frequencies Hardscapes
1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 Safety Inspection and Reporting
Blowing
Weekly
Weekly
Weed Control As Needed
Within 30 days of award of the contract we will submit an annual work schedule that will organize all the assigned areas into sectioned areas. The sectioned areas will be per the approval of the client representative. The schedule will designate the areas included with the service level and general tasks completed for that month. Any revisions to this schedule will be submitted to the client representative for approval. A review of this schedule will be made at monthly meetings to evaluate success.

City Council Our Core Values – Safety • Teamwork • Quality • Integrity Page 14 29 – 164 8/20/2024 Monthly Work Schedules
The Mariposa Account Manager will submit Monthly Work Schedules describing maintenance operations of all areas contained within this contract and when the work, including trimming, pruning and applications of chemicals/fertilizers will be accomplished. Other work will include the removing and/or replacing of landscape materials within the scope of this Contract. The work may include landscape renovations of rights-of-way, medians, retention areas and/or common turf areas. The Account Manager will develop the Monthly Work Plans and submit them to the client representative by the 25th of the previous month prior to the regular monthly meeting. The Monthly Work Plan will correlate with the Annual Work Schedule in a more detailed form. After the plan is approved at the regular monthly meeting the Monthly Schedule Evaluation Form will be completed with the client representative to evaluate the performance of the current month. The Mariposa Supervisor is responsible for creating and submitting these reports.

Irrigation Reports
The Irrigation Technician will create the Irrigation Reports at the specified frequencies and the Mariposa Account Manager will insure their accurate and timely completion. These reports will include scheduled formal inspections, all service requests, authorized emergency work and repair of damage. The Irrigation Technician will be responsible for conducting a formal inspection and related repairs of the irrigation system as scheduled. Results of the inspection shall be recorded on the Irrigation Inspection Report and checked for accuracy and then delivered to the client representative. The frequency of these reports will vary depending on the work scope.

Account Manager/Client Meeting Work Quality Evaluations A critical aspect of the work is communication. Timely and accurate schedules address a lot of this; however, there is another important aspect that is sometimes overlooked: interpretations of quality. What is beautiful to some is not to others, this is why specifications are written. However, there is always some level of interpretation that can vary from person to person. The goal is to have the Mariposa Account Manager and the client representative both interpreting the expectations of the specifications in the same way. The way we accomplish this is through a graded evaluation of every aspect of the landscape on a site by the Mariposa Supervisor and the client representative. This evaluation is performed prior to the regular client representative meeting by the Mariposa Supervisor. When the regular meeting takes place, this same form is given to the client representative to evaluate the exact same items as the Mariposa Account Manager previously graded. Any differences in evaluation that the client representative has of the same work item or area that were graded by the Mariposa Supervisor are addressed immediately and clarified.

The frequency of these evaluations and number of work items evaluated can vary based on the work scope. Please see the sample form provided.

Action Item Lists
Even with jobs that go perfectly there are always items that come up during walk-through inspections. These items may have nothing to do with work quality but may be requests for improvement, additional work or notations of concern, etc. One of the key aspects of an action item list is a target completion date. This is included for every item on our form. The Mariposa Account Manager is committed to completion of a requested activity at an agreed upon date. This is in writing; it’s quick and easy to fill out. The client representative will have confidence that we will keep our promises because they are documented. Our goal is “Promises made are promises kept.” Please see the sample form provided.

City Council Our Core Values – Safety • Teamwork • Quality • Integrity Page 15 29 – 165 8/20/2024 f. References
Please see section “VII. Certifications (Attachments)” for Attachment B: References.

City Council Our Core Values – Safety • Teamwork • Quality • Integrity Page 16 29 – 166 8/20/2024

2. Cost Proposal
Please see separate “Cost File” submission on planet bids.

City Council Our Core Values – Safety • Teamwork • Quality • Integrity Page 17 29 – 167 8/20/2024 Extra Work Pricing Process
At times, work above and beyond the contract scope becomes necessary. Our process to take care of this is:
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Straight Forward – Simple pricing and approval process ahead of time Transparent – The Customer sees what was purchased by us Honest – The hours and material estimated are what is used, nothing exceeds the approved estimate With No Surprises – Billing either matches or is less than what was quoted on the proposal When a customer desires additional work or an emergency arises, there must be some mechanism to quickly communicate and agree upon the cost. Many times, situations arise where it is difficult to come up with a cost ahead of time. We solve that issue with the following 4 step process:

1. Work is identified and a “Not-to-exceed” proposal is created

2. Customer receives the proposal and approves the work

3. Work proceeds, labor is tracked, and receipts are copied

4. Billing NEVER exceeds the original proposal. It is either equal to or less than the original proposal If an issue is uncovered that changes the
scope of the original estimate, the
proposal is revised and resubmitted for
approval (typically with attached
pictures and a clear explanation). Work
will not proceed until there is client
approval of the change.

Key…
The billing for any extra
work does not exceed
what you originally
approved.

The sample proposal to the left would
be something irrigation related where
multiple valves would need to be
replaced because of an auto accident.

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City of Tustin Forrest Locke
300 Centennial Way, Tustin, CA 92780 (714) 573-3357
[email protected]
$2,048,246.40 2015 - Current
Landscape Maintenance of LMD Areas, Gen, Fund Areas, Parks, Medians and Facilities- Mowing, edging, turf maint., weed, rodent pest control, hardscape maint., trash pickup, Irrigation maintenance.

City of Oceanside Mark Garlock
(760) 435-5208 300 N. Coast Hwy, Oceanside, CA 92054
[email protected]
$3,910,770.00 2022 - Current
Land. Maintenance citywide covering 31 parks, 10 facilities and 5 beach accesses. Daily maint. responsibilities for over 124 acres of landscaped areas. Strict integrated pest management protocols using organic control methods.

Orange County Parks Chad Ward
601 N. Ross St., 6th Fl, Santa Ana, CA 92701 (949) 585-6420 [email protected]
$1,220,340.00 2022 - Current
Landscape Maint. - Weeding and cultivating, fertilization, trimming, pruning, watering, pest control, mowing, plant replacement, clean up of curb, gutters and sidewalks, irrigation repair, restroom maint., trash pick up and disposal.

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IX Minimum Scope and Limit of Insurance
City Council Our Core Values – Safety • Teamwork • Quality • Integrity Page 27 29 – 177 8/20/2024 City Council Our Core Values – Safety • Teamwork • Quality • Integrity Page 28 29 – 178 8/20/2024 Company Values
Safety This is the primary foundation of our company. We emphasize “safety first” on every worksite and in all our training programs. Our employees are taught to be aware of, and responsible for, safety at all times. We strive to prevent injuries and accidents, as well as provide a safe environment for staff and customers alike.

Teamwork We work together, seeking input from all team members to organize our efforts for the greater good. We always remain open to change, embracing new methods and techniques to achieve the highest levels of quality and efficiency. We are considerate of team members, provide support, and encourage their growth, resulting in the ultimate outcome for the team.

Quality We are committed to bringing the best possible quality for our customers and their properties and projects. We provide prompt service, expert workmanship, and superior products. We take pride in meeting or exceeding expectations. Our ultimate goal is to deliver excellent value for our clients’ investment.

Integrity We are honest and open in our communications, building deep trust and confidence in all of our relationships. We value the dedication and contribution of each person. The overall wellbeing of our employees, customers and vendors is important to us.

City Council Our Core Values – Safety • Teamwork • Quality • Integrity Page 29 29 – 179 8/20/2024 City Council 29 – 180 8/20/2024
City of Tustin Forrest Locke
300 Centennial Way, Tustin, CA 92780 (714) 573-3357
[email protected]
$2,048,246.40 2015 - Current
Landscape Maintenance of LMD Areas, Gen, Fund Areas, Parks, Medians and Facilities- Mowing, edging, turf maint., weed, rodent pest control, hardscape maint., trash pickup, Irrigation maintenance.

City of Oceanside Mark Garlock
(760) 435-5208 300 N. Coast Hwy, Oceanside, CA 92054
[email protected]
$3,910,770.00 2022 - Current
Land. Maintenance citywide covering 31 parks, 10 facilities and 5 beach accesses. Daily maint. responsibilities for over 124 acres of landscaped areas. Strict integrated pest management protocols using organic control methods.

Orange County Parks Chad Ward
601 N. Ross St., 6th Fl, Santa Ana, CA 92701 (949) 585-6420 [email protected]
$1,220,340.00 2022 - Current
Landscape Maint. - Weeding and cultivating, fertilization, trimming, pruning, watering, pest control, mowing, plant replacement, clean up of curb, gutters and sidewalks, irrigation repair, restroom maint., trash pick up and disposal.

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CITY OF SANTA ANA
ATTACHMENT A: PROPOSER'S FEE SCHEDULE
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 (ExhibitI) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that Iam responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal.

Proposal Item Price - Specify costs for the proposed landscaping work at the various systems detailed in Exhibit II. Indicate a monthly and annual price for each bid item. Total quotation is to be firm offer for no less than ninety (90) days and will be regarded by the City as bidder's best and final offer. Note: This contractis subject to prevailing wages.

TO: CITY COUNCIL OF THE CITY OF SANTA ANA
Mariposa Landscapes, Inc FROM:

Item# Bid Item {b Site} Monthl Fee Annual Fee
1 2
Elevated Tank
Cambridge Station
Cambridge Lot
East Station
J. Garthe Station
South Station
West Station
West Station Lot
Walnut
$160.74 $1,928.88
$ 40.18
$ 40.18
$ 321.44
$1,285.77
964.32
$ 482.16
3 $ 482.16
4 $3,857.28
$15,429.24
$11,571.84
$3,857.28
$3,857.28
$3,857.28
$ 964.32
5 6 $
7 $ 321.44
$ 321.44
$ 321.44
$ 80.36

80.36 8
9 10
11 12
13 14
15 16
17 18
19 20
21 Well 16
Well 21 $ $ 964.32
Well24 $ 80.36
$ 80.36
$ 40.18
$40.18
$160.72
$160.72
$160.72
$ 321.44
$ 80.36
$ 321.44
$ 964.32
Well29 $ 964.32
Flower South
Flower North
Well 30
$ 482.16
$ 482.16
$1,928.64
$1,928.64
$1,928.64
$3,857.28
$ 964.32
Well 31
Well 33
Well 35
PRV-1
Washington $3,857.28
City Council 29 – 188 8/20/2024
City Council 29 – 189 8/20/2024
Standard Hourly Fee Schedule
Classification
Supervisor
Foreman
Laborer
Irrigation Technician
Spray Applicator
Hourly Labor Cost
$80.00
$60.00
$44.00
$75.00
$65.00
Labor & Equipment rates are included in the hourly labor cost schedule shown above.

Materials: 15% mark up
Payment schedule is net 30 days.

City Council Our Core Values – Safety • Teamwork • Quality • Integrity Page 22 29 – 190 8/20/2024 Public Works Agency
www.santa-ana.org/public-works
Item # 30
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 20, 2024
TOPIC: Automated Metering Infrastructure Implementation Support Services

AGENDA TITLE
Agreement with E Source Companies, LLC for Automated Metering Infrastructure Implementation Support Services (Project 16-6460) (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with E Source Companies, LLC to provide Automated Metering Infrastructure implementation support services, for a total amount not to exceed $450,000, for a three-year term beginning August 20, 2024 and expiring December 31, 2027, with a provision for one two-year extension (Agreement No. 2024-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The Public Works Agency (PWA)’s Water Resources Division oversees the daily operations and maintenance of the City’s water and sanitary sewer systems. The water system is composed of approximately 480 miles of water main, 21 groundwater wells, seven pump stations, 10 reservoirs with a storage capacity of 49 million gallons, four pressure regulating stations, and seven connection points to the Metropolitan Water District. The system has an average daily demand of 30 million gallons from its roughly 45,150 metered service connections.

The City is currently in the process of delivering the Automated Metering Infrastructure (AMI) Project, which will replace or retrofit all of the existing, manually-read water meters in the city with smart meters capable of communicating water consumption and other system information to both the utility and the customer. An integral part of the AMI project involves billing software system upgrades, as well as the integration of new software platforms that will allow the City to gain operational efficiencies and fully utilize the newly captured data.

On June 25, 2024, PWA released Request for Proposals (RFP) No. 24-085 for qualified firms to provide implementation support services for the AMI project. The RFP was advertised on the City’s online bid management and publication system, PlanetBids, with proposals due on July 11, 2024. System records indicate a total of 990 vendors City Council 30 – 1 8/20/2024
Automated Metering Infrastructure Implementation Support Services August 20, 2024