and others using the Facilities by reason of this Agreement. User shall also comply with all rules and regulations of City in effect during its use of the Facilities. Failure to abide by such laws, rules, or regulations, or any condition of this Agreement, may result in the immediate termination of this Agreement in the sole discretion of the City.
5. BACKGROUND CHECKS
User shall ensure that all employees, subcontractors, and any volunteers are fingerprinted and background checked prior to conducting any work pursuant to this Agreement. User shall not assign any employee, agent, subcontractor, volunteer or the User personally to provide services pursuant to this Agreement, if that employee, agent, subcontractor, volunteer, or the User personally are required to register as a sex offender under California Penal Code Section 290 et seq, have a conviction for any crime of moral turpitude, have a conviction for a sexual based crime, have a conviction for a violent felony as defined in California Penal Code Section 667.5(c), or has a conviction for a serious felony as defined in California Penal Code Section 1192.7(c). Disqualifying convictions include but are not limited to, violations of California Penal Code Sections 37, 128, 136.1 with Section 186.22, 187, 190-190.4 and 192(a), 205, 206, 207-209.5, 211, 212, 212.5, 213, 214, 215, 218-219, 220, 236.1(b) or 236.1(c), 243.4, 261, 261.5, 273.5, 262, 264.1, 266, 266c, 266h, 266i, 266j, 267, 269, 272, 273a, 273ab, 273d, 285, 286, 288, 288a, 288.2, 288.3, 288.4, 288.5, 288.7, 289, 290, 311.1, 311.2, 311.3, 311.4, 311.10, 311.11, 314, 347(a), 368, 417(b), 451(a),518 with 186.22, 647.6, 653f(c), 664 and 187, 667.5(c), 18745, 18750, or 18755, 12022.53, 11418(b)(1) or (b)(2); Business and Professions Code Section 729.`
6. INDEMNIFICATION
User agrees to and shall indemnify, protect, defend, and hold harmless City, its officers, agents, employees, consultants, special counsel, and representatives from and against any and all claims, damages, judgments, attorney’s fees, costs and expenses arising out of, involving, or in connection with the use of the Facilities or the acts or omissions of User, its officers, agents, employees, volunteers, guests, or invitees, whether or not such acts or omissions constitute permitted uses of the Facilities.
7. INSURANCE
Without limiting User’s indemnification obligations, User agrees to obtain and maintain during the term of the Agreement, and to require its subcontractors, if any, to obtain and maintain, insurance as described below:
User 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 User, his agents, representatives, employees or sub-Users.
Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as:
City Council 12 – 4 6/3/2025
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
• 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 for bodily injury or disease. (Not required if organization has no employees).
• If the User maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the User. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the User including materials, parts, or equipment furnished in connection with such work or operations.
General liability coverage can be provided in the form of an endorsement to the User’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).
Primary Coverage. For any claims related to this contract, the User’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the User’s insurance and shall not contribute with it.
Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
Waiver of Subrogation. User hereby grants to City a waiver of any right to subrogation which any insurer of said User may acquire against the City by virtue of the payment of any loss under such insurance. User agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
City Council 12 – 5 6/3/2025
Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City. The City may require the User 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. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage. User shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the User’s obligation to provide them. The 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. CONFLICT OF INTEREST CLAUSE
User 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.
9. FORCE MAJUERE
In the event that the Facilities are rendered unavailable due to destruction, partial or total, acts of nature, work stoppages or other labor disturbances, civil commotion, war, or any other action by governmental agencies, or for any reason beyond the control of City, City shall have the right to terminate this Agreement without penalty.
10. LICENSES AND PERMITS
User represents and warrants that it, and any agents, independent contractors, subcontractors, vendors, or others acting on its behalf under or with respect to this Agreement, will at all times during the term of this Agreement have and maintain in force any and all licenses, permits, or approvals required by law for the conduct of User’s activities under this Agreement.
City Council 12 – 6 6/3/2025
11. DAMAGE TO FACILITIES
User shall be liable for any damage to the Facilities caused by any act of negligence of User, its partners, agents, servants, contractors, representatives, guests, employees, invitees, or customers. City may, at its option, repair such damage, and User agrees to reimburse City for the total cost of repair.
12. PROPERTY BELONGING TO USER
City shall not be responsible for lost, stolen, or damages property belonging to User, its partners, agents, servants, contractors, representatives, guests, employees, invitees, or customers.
13. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and directed to the addresses below or such addresses as either party may later specify in writing. Notice is deemed effective on the date it is given if hand-delivered or received by facsimile that day. Notice given by U.S. mail shall be deemed to have been given three (3) business days after it is deposited in the U.S. mail, postage prepaid and addressed as follows:
To City: City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, California 92702-1988
With copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana
20 Civic Center Plaza (M-75)
P.O. Box 1988
Santa Ana, California 92702
and City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
To User: SANTIAGO PARK ARCHERS
2542 N. Spurgeon St
Santa Ana, California 92706
City Council 12 – 7 6/3/2025
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and User regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties regarding the use of the Facilities. 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 User. 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 User 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 are not embodied herein.
15. ASSIGNMENT
User 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. User shall not allow any other person or entity to use the Facilities without the prior written consent of City.
16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice.
17. NONDISCRIMINATION
User 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. User affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
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.
City Council 12 – 8 6/3/2025
City Council 12 – 9 6/3/2025
EXHIBIT A
1. Use
a. Santiago Archery Club (“User”) will have access to the Santiago Park Archery Range (“Range”) every Tuesday evening from 6:30 p.m. to 8:30 p.m.
b. User will also have the ability to host 2 additional events outside of their standard Tuesday evening use with an attendance of under 40 people. i. User must provide the City with a minimum of 4 weeks advance written notice of the special event. Any requests outside of this 4- week timeframe will be considered but not guaranteed. Any event larger than 40 people must be submitted to the Special Events Office for additional permit approval. These additional events (under 40 people) are covered under this Agreement without additional fees.
2. Equipment
a. City Parks Maintenance Division will provide, at its expense, a total of 9 Arrolast target bales. The additional, 9th bale will be installed at a shorter distance for younger participants.
b. Purchase of new bales will take place the month following final signatures of this agreement and yearly thereafter.
c. Installation and maintenance of bales will be the responsibility of User.
3. Storage
a. User will have access to the on-site building in the southeastern corner of the Range to store targets, equipment, and other maintenance supplies. User shall be permitted only one key to the building and may only access the building during the days/hours as detailed below:
i. Per Section 1.a., above, every Tuesday evening from 6:00 p.m. until 9:00 p.m.
ii. Per Section 1.b., above, for special events upon written confirmation with the City confirming the date(s) and times for said events. iii. Per Section 2.c., above, for installation and maintenance of the bales described therein, which regularly occurs annually during the first week of January, between the hours of 10:00 a.m. through 2:00 p.m.
City and User agree that maintenance schedules may be subject to change, upon written confirmation from the City, to allow for reasonable scheduling changes, including inclement weather. b. User is responsible for keeping its identified storage area clean, accessible, and orderly during the duration of the agreement, so that City Personnel could access the building/area with relative ease.
c. User will notify City Parks Maintenance immediately of any building issues, including damage, vandalism, and/or theft at the facility.
City Council 12 – 10 6/3/2025
4. Payment
a. User will be charged an annual amount of $1,040.00 payable on the first of the month following execution of this agreement and the anniversary each year thereafter.
b. This fee includes the use of the facility contemplated in Section 1, above. c. The fee in Section 4(a), above, will be based on the Group 3 Resident Recreation Rate in the Miscellaneous Fee Schedule. If the Fee Schedule changes, the annual rate will change to match the current adopted Fee Schedule.
City Council 12 – 11 6/3/2025
Santiago Park Archers - Facilities Use
Agreement (CAO and Club signed) (updated)
(2049718.2)
Final Audit Report 2025-05-15
Created: 2025-05-15
By: Stephanie Garcia ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAK6duaAJKKkxxGtPnXvs4FkMLJj--ntrg "Santiago Park Archers - Facilities Use Agreement (CAO and Cl ub signed) (updated)(2049718.2)" History
Document created by Stephanie Garcia ([email protected]) 2025-05-15 - 11:27:26 PM GMT
Document emailed to Hawk Scott ([email protected]) for signature 2025-05-15 - 11:27:31 PM GMT
Email viewed by Hawk Scott ([email protected])
2025-05-15 - 11:27:40 PM GMT
Document e-signed by Hawk Scott ([email protected])
Signature Date: 2025-05-15 - 11:27:52 PM GMT - Time Source: server Agreement completed.
2025-05-15 - 11:27:52 PM GMT
City Council 12 – 12 6/3/2025
Police Department
www.santa-ana.org/pd
Item # 13
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 3, 2025
TOPIC: Jail Management System Maintenance
AGENDA TITLE
Agreement with Act I Group, Inc. DBA Advanced Technology Information Management Systems for Jail Management System Maintenance (General Fund & Non-General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Advanced Technology Information Management Systems for jail management system software maintenance and customer support in a total amount not to exceed $523,915 for a term beginning June 3, 2025 through December 18, 2027, including two optional one-year extensions and a contingency amount (Agreement A-2025-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
On February 21, 2012, the City Council approved an agreement with Advanced Technology Information Management Systems (ATIMS) for a Jail management software system (A-2012-029). This system’s primary purpose is to manage Jail operations including inmate intake and release, inmate record management, visitation schedules, jail incidents, and inmate transfer and movement activities. It allows Jail staff to generate regulatory and fiscal reports required by the State as well as its contract agencies. Beyond the system’s use within the Jail, this software is used by other members of the Police Department for processing registrants, sending documents to court, and managing mug shot photos.
The Police Department is proposing to execute a new three-year agreement with ATIMS for the licensing, support, and maintenance of its Jail Management System for $265,232. The agreement also covers maintenance services from the expiration date of the most recent agreement, December 19, 2024 through June 2, 2025. This agreement allows for two optional one-year extensions at an additional cost of $190,347. A 15% contingency in the amount of $68,336 is also included for potential required work on this City Council 13 – 1 6/3/2025
Jail Management System Maintenance
June 3, 2025
system related to transitioning the Police Department to a new Records Management System, for a total not to exceed amount of $523,915.
The Santa Ana Jail has been using ATIMS to manage Jail information and operations since 2012. ATIMS has been accommodating, professional, and consistent in its servicing of the system. Similar to other City enterprise systems, maintaining the ATIMS system is the most cost-effective option rather than transitioning to a new system. The Jail intends to continue to use ATIMS until technology enhancements present a better, more cost-effective solution for managing Jail information and operations.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funding is available in the FY 24-25 budget and funding for subsequent fiscal years and extension options, if exercised, will be included in the proposed budgets for City Council consideration as follows:
Fiscal
Year
Accounting Unit -
Account No. Fund Description Accounting Unit, Account Description Amount FY 24-25 01114475-62300 General Fund Jail Operations,
Contract Services $ 85,811
FY 25-26 01114475-62300 General Fund Jail Operations,
Contract Services $ 88,385
FY 25-26 12814407-62300
Supplemental
Law Enforcement
Services Fund
SLESA, Contract
Services $ 26,129
FY 26-27 01114475-62300 General Fund Jail Operations,
Contract Services $ 91,036
FY 26-27 12814407-62300
Supplemental
Law Enforcement
Services Fund
SLESA, Contract
Services $ 13,655
FY 27-28 01114475-62300 General Fund Jail Operations,
Contract Services $ 93,767
FY 27-28 12814407-62300
Supplemental
Law Enforcement
Services Fund
SLESA, Contract
Services $ 14,065
FY 28-29 01114475-62300 General Fund Jail Operations,
Contract Services $ 96,580
FY 28-29 12814407-62300
Supplemental
Law Enforcement
Services Fund
SLESA, Contract
Services $ 14,487
TOTAL $523,915
City Council 13 – 2 6/3/2025
Jail Management System Maintenance
June 3, 2025
The contingency amounts from the SLESA funds are estimates only and subject to change.
EXHIBIT(S)
1. Agreement with Advanced Technology Information Management Systems Submitted By: Robert Rodriguez, Police Chief
Approved By: Alvaro Nuñez, City Manager
City Council 13 – 3 6/3/2025
AGREEMENT BETWEEN ADVANCED TECHNOLOGY INFORMATION
MANAGEMENT SYSTEMS AND THE CITY OF SANTA ANA
TO PROVIDE JAIL MANAGEMENT SOFTWARE SERVICES
THIS AGREEMENT is made and entered into on this 3
rd day of June, 2025, by and between Act
I Group, Inc., doing business as Advanced Technology Information Management Systems (ATIMS) (“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” or “Customer”).
RECITALS
A. The City desires to retain a Consultant having special skill and knowledge in the field of jail management system maintenance.
B. Consultant represents that Consultant is able and willing to provide such services to the City. 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 Service and Maintenance Quote - Exhibit B.
The cost for services for the initial three (3) years is $265,232, and the cost for years four (4) and five (5) is $190,347. The total amount to be expended during the term of this Agreement shall not exceed $523,915, which includes a contingency fee of $68,336.
b. City agrees to pay for outstanding services since December 19, 2024. This amount is included in the not to exceed amount.
c. 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 Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required EXHIBIT 1
City Council 13 – 4 6/3/2025
documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant’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 June 3, 2025 and terminate on December 18, 2027, with the option for the City to grant up to a two (2) one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social 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
Consultant 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 Consultant, his agents, representatives, employees or subcontractors.
City Council 13 – 5 6/3/2025
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 general aggregate.
2. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering code 1 (any auto, with limits no less than $1,000,000 combined single limits.
3. Cyber Liability: Insurance, with limits not less than $2,000,000 per occurrence or claim and $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, and release of private information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.
3. Technology Professional Liability-Errors and Omissions Insurance (E&O): appropriate to the Consultant’s profession and work hereunder, with limits not less than $2,000,000 per occurrence and $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Consultant in this agreement and shall include, but not be limited to, claims involving business interruption, damage to or destruction of electronic information, and alteration of electronic information. The policy shall provide coverage for Consultant’s failure to provide professional services and/or products under this Agreement. The Policy shall include, or be endorsed to include, damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of Customer in the care, custody, or control of Consultant.
4. Workers’ Compensation as required by the State of California, with statutory limits, and Employer’s Liability insurance with limits of no less than $1,000,000 per accident, policy, employee, for bodily injury or disease.
If Consultant maintains broader coverage and/or higher limits than the minimums shown above for any line of coverage, Customer requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to Customer.
Other Insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the following provisions:
1. City of Santa Ana, its City Council, its officers, officials, employees, agents, and City Council 13 – 6 6/3/2025
volunteers are to be covered as additional insureds, under Consultant’s CGL, AL and E&O policies, with respect to any liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, equipment, and personnel furnished in connection with such work or operations.
2. Consultant’s Insurance companies agree to waive all rights of subrogation against City of Santa Ana, 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 Consultant under this Agreement.
3. For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City of Santa Ana, 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 Consultant’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, Attention: Boris Duran, 20 Civic Center Plaza, M-96, 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 Customer. Customer may require Consultant to 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 Customer.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The retroactive date must be shown and must be before the date of the contract.
2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Consultant must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work.
City Council 13 – 7 6/3/2025
Verification of Coverage
Consultant shall furnish Customer with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause). Failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them. Customer reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein.
Special Risks or Circumstances
Customer reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Failure to Maintain Insurance Coverage
If Consultant, for any reason, fails to maintain insurance coverage, which is required pursuant to this Agreement, for the entire term of this contract, the same shall be deemed a material breach of Agreement. Customer, at its sole option, may terminate this Agreement at any time and obtain damages from Consultant resulting from said breach.
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 Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The 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 Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity City Council 13 – 8 6/3/2025
shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
City Council 13 – 9 6/3/2025
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
a. 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.
b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City’s Municipal Code, whose position with the City shall award or City Council 13 – 10 6/3/2025
influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution
d. The Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement.
The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement.
e. Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above.
12. NON-DISCRIMINATION
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 Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the 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 Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
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14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant, 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 Consultants 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 City Council 13 – 12 6/3/2025
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:
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:
Chief of Police
City of Santa Ana
20 Civic Center Plaza (M-97)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-714-245-8007
To Consultant:
Mike Haberkorn
Director of Custody Operations
Advanced Technology Information Management Systems
9638 Topanga Canyon Place, #B
Chatsworth, CA 91311
[email protected]
(818) 428-6187
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.
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City Council 13 – 14 6/3/2025
EXHIBIT A
City Council 13 – 15 6/3/2025
Table of Contents
Introduction .............................................................................................................................. 2 Professional Services and Support Program.......................................................................................2 Initial Engagement.......................................................................................................................... 2 Discovery Period............................................................................................................................. 2 Technical Resolution Guidance...........................................................................................................2 Section 1. Annual Software Support and Maintenance............................................................ 4 Software Covered by This Agreement................................................................................................4 Definition: Software Support and Maintenance ............................................................................ 4 Software Support Services..................................................................................................................4 Section 2. Standard Operating Procedures............................................................................... 4 Determining Severity and Response Commitments...........................................................................4 Appointing a Primary Contact and Alternate Contact........................................................................5 Support Methods................................................................................................................................5 Remote Diagnostics........................................................................................................................ 5 Email............................................................................................................................................... 6 Telephone....................................................................................................................................... 6 Section 3. Professional Services and Support........................................................................... 6 Definition: Professional Services ........................................................................................................6 How Our Support Works.....................................................................................................................6 Section 4. Additional Professional Services.............................................................................. 7 Travel Expense ....................................................................................................................................7 Terms and Conditions ............................................................................................................... 8 Limitations of Liability.........................................................................................................................8 Definitions ...................................................................................................................................... 8 Use of Licensee Solution and Computer ........................................................................................ 9 Licensee Responsibilities................................................................................................................ 9 Severability and Waiver.................................................................................................................. 9 Notice ........................................................................................................................................... 10 Force Majeure .............................................................................................................................. 10 No Assignment ............................................................................................................................. 10 Entire Agreement ......................................................................................................................... 10 Notifications and Renewal Contact Information..................................................................... 11 City Council 13 – 16 6/3/2025
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Authorized Contacts for Professional Services and Support Requests................................... 12 Appendix A. Professional Services Pricing .............................................................................. 13 City Council 13 – 17 6/3/2025
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Introduction
Welcome to ATIMS!
This guide will provide you with the necessary information to use our services and maximize the value of your Professional Services and Support and Maintenance agreements. Our mission is to be your trusted business partner for all areas of your Jail Management System.
Professional Services and Support Program
Our Professional Services and Support (PSS) program is designed to meet your needs according to the time and budget that works best for you. This document provides an overview of the PSS program and the process of obtaining service.
Initial Engagement
Your authorized contact will contact ATIMS to place a request for service or support.
Discovery Period
The ATIMS Support Desk will gather all of the necessary information from you to assess the situation.
The support technician will determine the appropriate course of action,such as asking your authorized contact to attempt various tasks or begin a remote session through an online connection. This discovery period will be completed in 30 or fewer minutes.
If the discovery period takes longer than 30 minutes and the issue is determined to be unrelated to ATIMS, ATIMS reserves the right to charge for this time. If a resolution has not been achieved at the end of the discovery period, then the support technician will create a support ticket for further investigation of the issue.
If the issue is determined to be ATIMS–related and falls within the coverage of a current Software Support and Maintenance Agreement, then there will be no additional charges for the discovery period. Also, ATIMS will make every effort to resolve the issue as quickly as possible.
Please note that additional remote sessions through an online connection may be required during this period. If the engagement falls within a Professional Services Agreement, you will be given an estimated cost to complete the job and will be billed at the hourly rate listed in Appendix A. You will receive regular updates on the status of an issue and will be provided resolution details when a support ticket is successfully closed.
Technical Resolution Guidance
The following chart explains the options provided by ATIMS with our Software Support and Maintenance Agreement and our Professional Services Agreement.
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Description
Software Support
and Maintenance
Professional
Services
Upgrades and updates
Supply new software version ✓
Install new software version ✓
System reinstall — application malfunction ✓
System reinstall — hardware/network problem ✓
Support/bugs/errors
Business hours Tier 1 support ✓
24/7 critical after-hour support ✓
Problem with application/malfunction ✓
Code testing and replication of errors ✓
Simulation of client environment ✓
Data discovery due to malfunction ✓
Problem with internal hardware/network ✓
Environment
Database optimization – indexing ✓
Creation of additional databases ✓
Replication of database environment ✓
Installation of additional environments ✓
Reinstallation of new server or configuration ✓
Database maintenance – backups ✓
Data mining/data discovery request ✓
Customization / Enhancements
Consultation for customization or enhancement — up
to one (1) hour
✓
Software configuration using database settings ✓
Creation of additional custom forms ✓
Creation of additional custom reports ✓
Client-initiated customization/enhancement ✓
Interfaces
Consultation for third-party software interface — up
to one (1) hour
✓
Consultation for third-party software interface —
beyond one (1) hour
✓
Development of third-party interfaces ✓
Training
User manuals ✓
User group online webinars ✓
Additional client-requested training ✓
Training on new software functionality ✓
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Section 1. Annual Software Support and Maintenance
Software Covered by This Agreement
ATIMS shall provide software support only on the items described in Appendix A, Software Support and Maintenance Pricing.
Definition: Software Support and Maintenance
Software Support and Maintenance is an agreement purchased along with a software package and renews annually. This agreement provides our clients with patches available during the year and supplies all of the software upgrades for version releases. The agreement protects your investment, enables your software to stay up to date, and provides new features and functions that enrich and optimize the user experience.
Software Support Services
A Software Support and Maintenance Agreement provides clients with fixes, upgrades, and updates to licensed software released during the maintenance period. This agreement is not an extension of the warranty period — it runs concurrently with any warranty.
Additional fees may be charged for upgrades that exceed more than one major or minor version of the software in a year. “Forklift” upgrades (major release to major release) will be subject to additional support fees if minor upgrades, updates, and/or fixes have not been adopted.
Section 2. Standard Operating Procedures
Determining Severity and Response Commitments
When reporting an incident, you will make the initial determination of priority and include it in the support request. The initial ATIMS response to an incident will be based on your assessment of priority.
ATIMS will make reasonable efforts to respond to support requests within the timeframes described in the following table, to provide periodic status updates to you, and to resolve incidents to your satisfaction. The inability of ATIMS to meet the described response times due to your availability (such as busy phone, no answer, out of the office, etc.) does not constitute a failure to comply with these support policies.
After the initial response, any changes to the incident priority will be determined by ATIMS staff.
The following table describes the guidelines used by ATIMS to establish the severity level of an incident and the ATIMS response commitments.
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Severity
Level Description
Expected
Resolution
Reporting
Frequency for
More Complex
Issues
Level 1 The problem affects live operation and
demands immediate attention. Normal service
has been disrupted. Business risk is high.
Customer receives a status report within the
first hour.
4 hours. Every 4 business
hours.
Level 2 Affects production systems and demands
immediate attention. Live operation is still
possible at this time. Business risk is moderate
to low. Customer receives a status report within
the first 4 hours.
Within 2 working
days.
Every 4 business
hours.
Level 3 Low impact. Live operation is not affected.
Business risk is low. Customer receives a status
report within 1 working day.
Within 5 working
days.
Does not apply.
Level 4 Low to minimal impact. This involves system
enhancements, upgrades, and minor problems
not affecting production.
According to the
order of
importance in the
queue.
Does not apply.
In the event that ATIMS receives a high volume of simultaneous PSS requests, client requests will be prioritized by severity level and by the order in which incidents are reported.
Appointing a Primary Contact and Alternate Contact
To optimize the process of providing services and support, ATIMS requires clients to designate a primary contact person and an alternate contact person to become the authorized contacts who submit support and service requests to ATIMS. Authorized contacts should be entered in the section “Authorized Contacts for Professional Services and Support Requests” on page 12 in this document.
Support Methods
Remote Diagnostics
ATIMS uses GoToMeeting to perform remote diagnostics and support. ATIMS uses remote diagnostics to help identify and isolate suspected software, solution errors or malfunctions. Should you require that ATIMS use a different remote diagnostics software or service (such as LogMeIn, ShowMyPC, etc.), you must provide access to the required software or service at no cost to ATIMS. ATIMS will make every effort to comply with the security requirements of the customer. Any security configurations that are required to achieve remote connectivity and/or access to your computer network will be used only to diagnose the error or malfunction.
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Email
You may request support services by email.
Telephone
Telephone support is provided during ATIMS normal business hours and is available to clients who have signed a Software Support and Maintenance Agreement or Professional Services Agreement.
Section 3. Professional Services and Support
Professional services include the provision of information and assistance on technical incidents related to the installation, administration, and operation of ATIMS software products and solutions, as well as assistance in determining why the product may not be performing in accordance with the documentation (referred to as an incident in this document).
Definition: Professional Services
The ATIMS Professional Services and Support (PSS) program offers clients technical assistance in the support, configuration, maintenance, and operation of their software system. PSS enables clients to acquire technical services from ATIMS such as performing upgrades, applying updates, troubleshooting, providing training, and many other services. With PSS, ATIMS can provide full support or simply act as an additional layer of support behind your IT department. Either way, a Professional Services and Support Agreement will be a great benefit to your organization.
How Our Support Works
ATIMS will provide telephone, email, and on-site support to maintain the products and other solutions and/or customizations provided by ATIMS. Remote diagnostics will always be the first course of action to resolve an incident or to provide technical assistance before scheduling an on-site visit.
You will be billed in hourly increments for all professional services, or time will be charged to a block of PSS hours previously purchased. There will be a minimum two-hour charge for on-site support, not including any travel time. All PSS hours will be tracked by the assigned technician and verified by the ATIMS Support Manager.
If a problem occurs which significantly affects your use of ATIMS software and the issue remains unidentified or unresolved either by workaround or permanent correction after you follow ATIMS prescribed actions, at ATIMS discretion a support technician will be made available at your location during regular business hours.
ATIMS also provides critical support 24 hours a day, 7 days a week.
Critical support is defined as any issue that:
• Causes the ATIMS system to stop running agency-wide.
• Prevents any essential or required data elements from being entered. • Causes an inability to perform any mission-critical JMS task.
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The support technician will arrange an on-site arrival time with your authorized contact, and keep you fully informed during this period. For on-site visits that require air travel, the travel cost will be confirmed with you before booking.
ATIMS will provide or make available:
1. Assistance in diagnosing and identifying errors or malfunctions.
2. On-site consultation on correcting identified errors or malfunctions.
3. Detailed information on external factors which directly or indirectly affected ATIMS software and resulted in performance deficiencies.
For ATIMS installations on an agency’s Local Area Network (LAN), the agency and/or county IT departments bear full responsibility for backing up databases and/or data files according to industry standard practices. You will not hold ATIMS, its agents, successors, or assignees liable in any way for consequences resulting from lost data caused by the unavailability of appropriate backup data.
The services provided as part of the PSS program do not include duties normally associated with ongoing LAN administrator tasks.
Additional tasks like recovery of databases and/or data files that were not properly backed up, and normal database administration tasks (reorganizing databases, running backups, restoring databases, reviewing logs, updating statistics, capacity planning, etc.), are offered as part of the Professional Services Agreement and you will be billed at the hourly rate noted in Appendix A (on page 12).
Section 4. Additional Professional Services
You may request additional professional services from ATIMS and use previously purchased block hours for any of the services explained in the following table.
Software consulting Reinstallation of software or hardware Installation and training Upgrade and testing
Data conversion Data migration
System relocation System migration
Application integration Software customization
Workflow development Business process reengineering
Contact your Account Manager to request a Professional Services proposal for Scope of Work (SOW) and estimates for time and cost.
Travel Expense
On-site support performed by ATIMS employees for any client may be affected by travel and/or living expenses incurred by ATIMS. For client-initiated tasks, such actual expenses will be billed as they are incurred, outside the scope of this agreement. Automobile and air travel time will be deducted from the block hours of the Professional Services account at 50 percent of the actual travel time.
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Terms and Conditions
Limitations of Liability
EXCEPT IN THE CASE OF GROSS NEGLIGENCE OR WILLFUL MISCOUNDUCT IN NO EVENT SHALL EITHER
PARTY BE LIABLE TO THE OTHER FOR INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY; ARISING OUT OF OR IN
CONNECTION WITH THE SERVICES OR PROGRAM OR SOLUTION PROVIDED PURSUANT TO THIS AGREEMENT, WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS.
ATIMS EXTENDS NO WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, ON PARTS SUPPLIED OR
SERVICES PERFORMED UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS OF ANY COMPONENT, MODULE OR EQUIPMENT FOR A PARTICULAR PURPOSE.
Definitions
1. "Software Support and Maintenance shall mean the level of confidence that software is free from vulnerabilities, either intentionally designed into the software or accidentally inserted at any time during its life cycle and that the software functions in the intended manner."
2. "Annual Maintenance Fee" is set forth in the Contract.
3. "Documentation" shall mean the manual(s) relating to the use of the Solution delivered by ATIMS.
4. "Error" means an error/malfunction bug in the Solution which degrades the Solution or the customer’s use of the Solution.
5. "Correction" means the use of reasonable commercial efforts.
6. "Licensor Product Errors" Shall mean the failure of Licensor Software to conform in a material respect to the Licensor Product Documentation.
7. "Solution" means the software and/or hardware provided by, or supported by ATIMS and specifically listed in the Contract.
8. "Workaround" means a change in the procedures followed or data supplied by Customer to avoid an Error without substantially impairing Customer’s use of the Solution.
9. "Customer" or "Licensee" means the entity or person identified as the Customer in the Contract.
10. "Software" is a program or programs that enables a computer to perform a specific task, including application software, which enables a user to perform a task, and system software, which enables other software to run properly, by interfacing with hardware and with other software
11. "Licensor" means the manufacturer of the Software.
12. "Incident" means Software or Solution is not performing in accordance with the documentation.
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13. "Licensed Program" is Software licenses covered under the terms & conditions of the licensor.
14. "Third Party Licensor" are Software that is developed by a third party.
If the Licensee desires to cancel any portion of this Agreement upon the next Anniversary Date, a notification to ATIMS at the address stipulated in this agreement must be mailed to ATIMS 60 days prior to the Anniversary Date. If desired by the Licensee, ATIMS will meet with the Licensee at any time prior to this to discuss the renewal.
Use of Licensee Solution and Computer
When ATIMS performs services pursuant to this Agreement which require the use of the Licensee's computer system(s), the Licensee agrees to make it available at reasonable times and in reasonable time increments, and in no event will the Licensee charge ATIMS for such system use.
If the Licensee wants to add new software to the workstations or Servers, the Licensee should contact ATIMS to be advised if the new software will affect the performance of the system. Failure to do so could result in billable support to the Licensee if service is required.
Licensee agrees to furnish ATIMS access to the software modules when performing service, subject to Licensee's reasonable industrial security and safety rules. Licensee must provide the necessary data communications equipment and operating software at its location to support remote problem diagnosis and maintenance.
Licensee Responsibilities
Licensee agrees to furnish ATIMS reasonable access to the supported Equipment when performing service subject to Licensee's reasonable industrial security and safety rules. If applicable, Licensee shall provide the necessary data communications equipment and operating software at its location to support remote problem diagnosis and maintenance. Upon installation of any Software or Hardware upgrades, Licensee agrees to follow reasonable release installation instructions, review system operations after installation, and report any problem detected as soon as possible. Reasonable storage and/or workspace at the Licensee's site will be provided to ATIMS as required. Licensee acknowledges it has reviewed and accepts the software license agreement(s) (including those of Third-Party Licensors) for all products listed in Appendix A which has been provided to Licensee in electronic form.
Licensee agrees it shall be solely responsible for the compliant use of the products listed in Appendix A according to those software license(s) agreement(s) terms and conditions.
Severability and Waiver
If any term or provision of this Agreement shall be found by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, the same shall not affect the other terms or provisions hereof or the whole of this Agreement, but such terms or provisions shall be deemed modified to the extent necessary in the court's opinion to render such terms or provisions enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements of the parties herein set forth.
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Either party's failure to exercise a right available to it by reason of the other party's breach shall be taken as an isolated instance and shall not be deemed to be a permanent waiver of such right.
Notice
All notices, requests and other communications permitted or required under this Agreement must be in writing, and shall be delivered as follows with notice deemed given as indicated: (i) by personal delivery upon such personal delivery; (ii) if by nationally recognized courier or mail service with realtime or near-real-time tracking, when the courier or mail service's tracking system indicates that the notice was delivered to the recipient's premises. All notices for both parties shall be sent to the addresses set forth in this Agreement.
Force Majeure
Neither party shall be liable by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, riots, insurrections, fires, floods, storms, explosions, earthquakes, acts of God, war, governmental action, or any other similar cause, which is beyond the reasonable control of such party. If any force majeure event occurs, the party delayed or unable to perform shall give immediate notice to the other party.
No Assignment
This Agreement shall be binding upon the parties' respective successors and permitted assigns.
Neither party may assign this Agreement, or any of its rights and obligations, without the written consent of the other party, which is not to be unreasonably withheld. Any internal corporate reorganization by Licensee that does not involve any entity other than Licensee which results in a change of name or form of legal organization of Licensee ("Reorganization") shall not be considered an assignment hereunder, and Licensee may engage in such Reorganization without the consent of ATIMS and without affecting its rights and obligations under this Agreement.
Licensee acknowledges and agrees that any reorganization of ATIMS that results in a change of name or ownership shall not be considered an assignment for purposes of this Agreement. In the event of the occurrence of such an event, the Licensee shall receive Services of a quality no less than Licensee received prior to the change of name or ownership.
Entire Agreement
This Agreement, and its appendices, set forth the entire understanding between the parties hereto and supersede all prior agreements, arrangements, and communications, whether oral or written, with respect to the subject matter hereof. No other agreements, whether oral or written, shall be deemed to bind the parties hereto with respect to the subject matter hereof.
This Agreement may not be modified or amended except by the mutual written agreement of the parties. However, Appendix A may be changed to reflect additional product coverage as the Licensee may add to the Solution or implemented additional Solutions. Appendix A may change annually as ATIMS holidays and relevant dates may change every year.
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Notifications and Renewal Contact Information
Anniversary Dates
Software Support and
Maintenance Start Date
Professional Service and Support
Start Date
Automatic Renewal Yes No
*ATIMS Professional Service Agreements will be adjusted to renew on the anniversary date of the Software Support and Maintenance renewal.
Licensee Physical Address
Company Name
Contact Name
Address
City, State, ZIP Code
Phone
Email Address
Licensee Billing Address
Company Name
Contact Name
Address
City, State, ZIP Code
Phone
Email Address
Submitting Support Requests
Phone 818-428-6195
Email [email protected]
City Council 13 – 27 6/3/2025
ATIMS Professional Services and Support 2025| Page 12 of 15 ATIMS reserves the right to change or delete any or all of the professional services described in this manual without further notice. ATIMS reserves the right to provide fixed-bid quotations for requested services.
Authorized Contacts for Professional Services and Support Requests
The following list of users is authorized to submit support requests on behalf of your organization.
These are also the primary contacts for notification on software updates, upgrades, etc. 1 Name Title
Dept. Date
Software Admin. Yes No
Phone Email
2 Name Title
Dept. Date
Software Admin. Yes No
Phone Email
3 Name Title
Dept. Date
Software Admin. Yes No
Phone Email
City Council 13 – 28 6/3/2025
ATIMS Professional Services and Support 2025| Page 13 of 15 ATIMS reserves the right to change or delete any or all of the professional services described in this manual without further notice. ATIMS reserves the right to provide fixed-bid quotations for requested services.
Appendix A. Professional Services Pricing
Service
Level Rates
Mon. Fri.
8 AM 5 PM
Sat. & Mon. Fri.
5 PM 8 AM Sunday and Holidays
1 IT Technician $ 200 $ 225.00 $ 300
2 Software Engineer $ 200 $ 262.50 $ 350
3 Software Designer $ 200 $ 300.00 $ 400
City Council 13 – 29 6/3/2025
Service and Maintenance – Quote
Service and Maintenance Pricing Agreement for: Santa Ana Police Dept To: Boris Duran
Santa Ana Police Department Date: 4-23-25
Requested Quote / 3Yr Service and Maintenance for On Prem Software Total 3 Year Service and Maintenance agreement for ATIMS Online Software. (+3% Cos of Living per year)
Year 1
Year 2
Year 3
Sub Total
Optional Year 4
Optional Year 5
$85,811.00
$88,385.00
$91,036.00
$265,232.00
$93,767.00
$96,580.00
Installation and Configuration Included
TOTAL COST $455,579.00
~ Quote is valid for 90 days ~
Accepted and Approved by Customer:
Signed: ___________________________________
Printed: ___________________________________
Title: _____________________________________
Date: __________________, 2025
EXHIBIT B
City Council 13 – 30 6/3/2025
Police Department
www.santa-ana.org/pd
Item # 14
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 3, 2025
TOPIC: Parking Enforcement Services Agreement
AGENDA TITLE
First Amendment to Agreement with LAZ Parking California LLC to Continue Providing Parking Enforcement Services
RECOMMENDED ACTION
Authorize the City Manager to execute the first amendment to the agreement with LAZ Parking California LLC to continue providing parking enforcement services with amended scope for an additional one-year term from July 1, 2025 through June 30, 2026 and increase the contract amount by $1,010,855 covering the additional one year of service for a total aggregate amount not to exceed $2,887,743 (Agreement No. A-2025-XXX). .
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
The Santa Ana Police Department has been contracting for additional parking enforcement services for over a decade. The current parking enforcement model is comprised of full-time and part-time Police Department Parking Enforcement Personnel and through an agreement with LAZ Parking California LLC (LAZ). The LAZ parking enforcement agreement was entered into as a result of a competitive Request for Proposal process in 2023 for an annual amount not to exceed $938,444 for a two-year period from July 1, 2023 through June 30, 2025, with options for three (3) additional one (1) year renewals.
The current parking enforcement agreement with LAZ provides parking enforcement consisting of one (1) supervisor and seven (7) Parking Ambassadors to supplement the enforcement of street sweeping violations, permit parking, parking-specific municipal codes, and abandoned vehicle complaints. LAZ Parking Ambassadors provide assistance in the enforcement of five street sweeping routes five days per week.
On March 4, 2025, staff presented a report to City Council regarding the LAZ contract, services provided, citations issued, and steps taken by the Police Department to address customer service complaints. Direction was provided to start a new procurement for contract parking enforcement services. However, the timing of the procurement process City Council 14 – 1 6/3/2025
Contract Parking Enforcement Services
June 3, 2025
and vetting of the potential service providers will take time beyond the expiration of the current contract on June 30, 2025. A Request for Proposal (RFP) process of such an essential service can result in a lengthy procurement process and may take months to be finalized, including the transition and implementation plan with the selected contractor.
The Police Department will be issuing a new RFP for parking enforcement services in July of 2025 to coincide with the start of FY 2025-26. The RFP process is expected to take approximately six months.
In the interim, to ensure continuity of enforcement services, staff recommends exercising the first one-year renewal option with LAZ for continued parking enforcement services with an allocation of $1,010,855 covering LAZ’s services for one additional year. The increase of $72,411 in the annual cost is due to LAZ’s increase in union labor wages and benefits and vehicle costs for the ambassadors.
While the renewal option is for one year, the termination section in the original agreement remains in effect. Upon the conclusion of a RFP process and selection of a suitable contractor, the City can terminate the LAZ agreement upon thirty days written notice.
The scope of services are also being amended to specify that LAZ Ambassadors function at the absolute direction of the Santa Ana Police Department. LAZ Ambassadors will continue to have the ability to enforce the Santa Ana Municipal Code as well as the California Vehicle Code sections, only at the approval and discretion of the Santa Ana Police Department. The Police Department, at any time, can limit LAZ Ambassadors to issuing citations for parking violations only (i.e. no citations for missing front or rear license plates).
The City Council also expressed concerns regarding a lack of an educational approach tailored to our Santa Ana stakeholders from LAZ Ambassadors. Steps have been taken to address these concerns. In March 2025, all LAZ Ambassadors were re-deployed from the Downtown area to conduct enforcement efforts in other areas of the city to address parking complaints. SAPD Parking Control Officers are now deployed throughout the Downtown area conducting enforcement efforts and will exercise discretion in enforcing the Santa Ana Municipal Code and the California Vehicle Code.
On April 23, 2025, all Santa Ana Police Department Parking Control Officers along with all LAZ Ambassadors received refresher training on the Community Engagement Enforcement Philosophy and customer service. The purpose of this refresher training was to ensure all parking control officers have the necessary customer service and communication skills when dealing with people who are in violation of parking laws. Additionally, we delivered enhanced communication and listening skills to be implemented during all contacts. Continuous training will be provided to all enforcement staff as necessary throughout the renewal period to mitigate complaints and improve customer service.
City Council 14 – 2 6/3/2025
Contract Parking Enforcement Services
June 3, 2025
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds will be available upon City Council adoption of the FY 25-26 budget for expenditure as follows:
Fiscal
Year
Accounting Unit
– Account No.
Fund
Description
Accounting Unit,
Account Description Amount
FY 25-26 01114405-62300 General Fund Traffic, Contract
Services-Professional $1,010,855
EXHIBIT(S)
1. First Amendment to Agreement with LAZ Parking
Submitted By: Robert Rodriguez, Police Chief
Approved By: Alvaro Nuñez, City Manager
City Council 14 – 3 6/3/2025
FIRST AMENDMENT TO AGREEMENT WITH LAZ PARKING CALIFORNIA LLC
TO PROVIDE PARKING ENFORCEMENT SERVICES
THIS FIRST AMENDMENT to the above-referenced agreement is entered into on June 3, 2025, by and between LAZ Parking California LLC, (“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 parties entered into Agreement No. A-2023-121 on June 20, 2023 (“Agreement”) to provide parking enforcement services for the City’s Police Department. The term of the Agreement was two (2) years, from July 1, 2023 to June 30, 2025, with the option to grant up to three (3) one (1) year renewals. The total compensation was not to exceed $1,876,888.
B. The parties now wish to exercise the first option to renew and to increase the compensation by an additional $1,010,855.
C. The parties also wish to amend the Scope of the Agreement to clarify the function and direction of LAZ Ambassadors in regard to the enforcement of the Santa Ana Municipal Code and California Vehicle Code parking sections.
The Parties therefore agree:
1. Section 1, Scope is amended to add the following paragraph to Exhibit A:
“LAZ AMBASSADOR’S FUNCTION and DIRECTION – LAZ Ambassadors function at the absolute direction of the Santa Ana Police Department. LAZ Ambassadors will have the ability to enforce Santa Ana Municipal Code and California Vehicle Code parking sections, only at the approval and discretion of the Santa Ana Police Department. The Santa Ana Police Department at any time during the contract can restrict certain Santa Ana Municipal Code and California Vehicle Code parking sections from being enforced.”
2. Section 2, Compensation is amended to increase the compensation by an additional $1,010,855 for a total not to exceed amount of $2,887,743, and add Exhibit B-1, chart of costs effective July 1, 2025, attached hereto and incorporated herein.
3. Section 3, Term is amended to extend the term of the Agreement by an additional year from July 1, 2025 to June 30, 2026.
4. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect.
[Signatures on following page]
EXHIBIT 1
City Council 14 – 4 6/3/2025
City Council 14 – 5 6/3/2025
Exhibit B-1
The increase in man hour rate is composed of wage related increases for employees under the Teamsters 911 CBA and operational expense increases for vehicles, vehicle insurance, fuel, etc. as shown below:
City Council 14 – 6 6/3/2025
Public Works Agency
www.santa-ana.org/pw
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 3, 2025
TOPIC: Service Agreement for Elevator Maintenance and Repair
AGENDA TITLE
Service Agreement with Pacific Coast Elevator Corporation DBA Amtech Elevator Services for Elevator Maintenance and Repair Services (General Fund & Non-General Fund)
RECOMMENDED ACTION
Approve an agreement with Pacific Coast Elevator DBA Amtech Elevator Services to provide elevator maintenance and repair services in an amount not to exceed $2,101,605 for the term beginning July 1, 2025 and expiring June 30, 2028, with provisions for one, two-year period (Agreement No. A-2025-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
The Public Works Agency’s Parks, Fleet, Facilities, and Refuse Division (PWA) is responsible for maintaining 26 elevators and 2-wheel chair lifts in various City buildings, including City Hall, Ross Annex, Santa Ana Regional Transportation Center, Police Department Jail, Navigation Center, Garfield Center, and the Santa Ana Zoo.
Maintaining operational elevators is essential for making buildings accessible to all people and essential to move goods from one floor to another.
To comply with regulations set by the State of California Department of Industrial Relations, Occupational Safety and Health Agency (Cal-OSHA), regular preventative maintenance and periodic testing is required. Due to aging infrastructure, there has been an increasing number of repairs on elevators resulting in higher repair costs. CalOSHA inspects all elevators and escalators at least once per year. Upon successful inspection, a conveyance permit for each piece of equipment is issued. The existing agreement for elevator maintenance and repair services expires June 30, 2025 with a total compensation amount not to exceed $1,674,168. Of that, $806,028 was spent for annual maintenance, inspections, and as-need repairs; such as, replacement of failing elevator drives, parts, and oil leaks.
City Council 15 – 1 6/3/2025
Elevator Maintenance and Repair
June 3, 2025
Request for Proposal (RFP) No. 25-007A was issued on February 6, 2025 on the City’s online bid management and publication system. A summary of vendor participation and results is as follows:
323 Vendors notified
1 Santa Ana vendor notified
18 Vendors downloaded the bid packet
3 Responsive proposals received
0 Proposals received from Santa Ana
vendors
Local Outreach Efforts
The Purchasing Division advertised this project on the City’s online bid management and publication system, which directly notified one Santa Ana vendor. Zero Santa Ana vendors downloaded the RFP or submitted a bid for consideration. Proposals were solicited, opened on March 13, 2025, and evaluated. Three proposals were submitted by the RFP deadline and all were determined to be responsive to the specifications and met the City’s requirements. An evaluation committee reviewed and rated the proposals according to the criteria listed in the RFP, and the following summarizes the ranking of all responding firms:
Firm City Rank
Amtech Elevator Services Cerritos, CA 1
Elevators Etc. Los Angeles, CA 2
Nouveau Elevator California Walnut, CA 3
Staff recommends awarding an agreement to the highest-ranked firm, Pacific Coast Elevators DBA Amtech Elevator Services (Exhibit 1). Amtech has been providing elevator maintenance services to the City since 2006. Although Amtech’s proposal was costlier than the other proposals received (about $66,000 more annually), their proposal demonstrated the firm has the necessary labor capacity and best experience to complete the required services for the City. They were overwhelmingly ranked higher than the rest based on the demonstrated ability to respond to elevator outages in emergencies and their unique knowledge of the City’s elevator systems. Amtech is a subsidiary of Otis Company, the world’s leading company in elevator manufacturing and maintenance. They benefit from global engineering support, one of the nation’s largest parts inventories, and a robust safety program. With their local network of account management, skilled technicians, efficient dispatching, and warehousing, Amtech will continue to provide exceptional value and tailored service to meet the City’s needs. The new recommended agreement includes price reflective of the scope of the agreement and aging elevators that require more repairs to keep them operational.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.
City Council 15 – 2 6/3/2025
Elevator Maintenance and Repair
June 3, 2025
FISCAL IMPACT
Funds are budgeted in the proposed Fiscal Year 2025-26 budget under the following accounts. Subsequent funding for the renewal options, if exercised, will be included in the proposed budgets for City Council consideration.
Fiscal
Year
Accounting
Unit –
Account #
(Proj. No.)
Fund
Description
Accounting Unit,
Account Description Amount
07317100-
62320
Building
Maintenance
Building Maintenance,
Maintenance & Repair
Buildings & Ground
$197,351
06717650-
62320
Regional
Transportation
Center
PWA – SARTC
Operations, Maintenance
& Repair Buildings &
Ground
$29,920
01114403-
62300 General Fund
Building & Facility,
Contract ServicesProfessional$141,570
01117017-
62300 (24-
6027)
General Fund
Building & Facility,
Contract ServicesProfessional$22,000
01113220-
62300 General Fund PRSCA – Zoo, Contract Services-Professional $7,700 01117651-
62320 General Fund
Park Maintenance
Service Enhancement,
Maintenance & Repair
Buildings & Ground
$11,000
2025-26
01118811-
62300 General Fund
Homeless Service –
Service Enhancement,
Contract ServicesProfessional
$10,780
07317100-
62320
Building
Maintenance
Building Maintenance,
Maintenance & Repair
Buildings & Ground
$197,351
06717650-
62320
Regional
Transportation
Center
PWA – SARTC
Operations, Maintenance
& Repair Buildings &
Ground
$29,920 2026-27
01114403-
62300 General Fund
Building & Facility,
Contract ServicesProfessional$141,570
City Council 15 – 3 6/3/2025
Elevator Maintenance and Repair
June 3, 2025
01117017-
62300 (24-
6027)
General Fund
Building & Facility,
Contract ServicesProfessional$22,000
01113220-
62300 General Fund PRSCA – Zoo, Contract Services-Professional $7,700 01117651-
62320 General Fund
Park Maintenance
Service Enhancement,
Maintenance & Repair
Buildings & Ground
$11,000
01118811-
62300 General Fund
Homeless Service –
Service Enhancement,
Contract ServicesProfessional
$10,780
07317100-
62320
Building
Maintenance
Building Maintenance,
Maintenance & Repair
Buildings & Ground
$197,351
06717650-
62320
Regional
Transportation
Center
PWA – SARTC
Operations, Maintenance
& Repair Buildings &
Ground
$29,920
01114403-
62300 General Fund
Building & Facility,
Contract ServicesProfessional$141,570
01117017-
62300 (24-
6027)
General Fund
Building & Facility,
Contract ServicesProfessional$22,000
01113220-
62300 General Fund PRSCA – Zoo, Contract Services-Professional $7,700 01117651-
62320 General Fund
Park Maintenance
Service Enhancement,
Maintenance & Repair
Buildings & Ground
$11,000
2027-28
01118811-
62300 General Fund
Homeless Service –
Service Enhancement,
Contract ServicesProfessional
$10,780
Optional One, 2-Year Extensions:
2028-29 07317100-
62320
Building
Maintenance
Building Maintenance,
Maintenance & Repair
Buildings & Ground
$197,351
City Council 15 – 4 6/3/2025
Elevator Maintenance and Repair
June 3, 2025
06717650-
62320
Regional
Transportation
Center
PWA – SARTC
Operations, Maintenance
& Repair Buildings &
Ground
$29,920
01114403-
62300 General Fund
Building & Facility,
Contract ServicesProfessional$141,570
01117017-
62300 (24-
6027)
General Fund
Building & Facility,
Contract ServicesProfessional$22,000
01113220-
62300 General Fund PRSCA – Zoo, Contract Services-Professional $7,700 01117651-
62320 General Fund
Park Maintenance
Service Enhancement,
Maintenance & Repair
Buildings & Ground
$11,000
01118811-
62300 General Fund
Homeless Service –
Service Enhancement,
Contract ServicesProfessional
$10,780
07317100-
62320
Building
Maintenance
Building Maintenance,
Maintenance & Repair
Buildings & Ground
$197,351
06717650-
62320
Regional
Transportation
Center
PWA – SARTC
Operations, Maintenance
& Repair Buildings &
Ground
$29,920
01114403-
62300 General Fund
Building & Facility,
Contract ServicesProfessional$141,570
01117017-
62300 (24-
6027)
General Fund
Building & Facility,
Contract ServicesProfessional$22,000
01113220-
62300 General Fund PRSCA – Zoo, Contract Services-Professional $7,700 2029-30
01117651-
62320 General Fund
Park Maintenance
Service Enhancement,
Maintenance & Repair
Buildings & Ground
$11,000
City Council 15 – 5 6/3/2025
Elevator Maintenance and Repair
June 3, 2025
01118811-
62300 General Fund
Homeless Service –
Service Enhancement,
Contract ServicesProfessional
$10,780
TOTAL $2,101,605
EXHIBIT(S)
1. Agreement with Amtech Elevator, Inc.
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager
City Council 15 – 6 6/3/2025
AGREEMENT WITH AMTECH ELEVATOR SERVICES TO PROVIDE ELEV ATOR
MAI NTENANCE AND REPAIR SERVICES
THIS AGREEMENT is made and entered into on this 1st day of July, 2025 by and between Pacific Coast Elevator Corporation, a Delaware corporation, doing business as Amtech Elevator Services ("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. On February 6, 2025, City issued Request for Proposal ("RFP") No. 25-007 A, by which it sought qualified consultants to provide elevator maintenance and repair services.
B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP 25-007A.
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 the scope of work that was included in RFP No. 25-007A, which is attached hereto as Exhibit A 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 Exhibit B, which is attached hereto and incorporated by reference. The total compensation for services provided shall not exceed Two Million, One Hundred and One Thousand, Six Hundred and Five Dollars ($2,101,605) during the term of the Agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clcaring llousc (ACH) transfers. Consultant agrees to execute the City Council 15 – 7 6/3/2025
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 Consultant'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 July I, 2025 for a three (3) year term and end on June 30, 2028, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for up to one (1), two-year period upon a writing executed by the City Manager and the City Attorney.
4. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section I 720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, 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, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless form any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
6. OWNERSHJP 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 City Council 15 – 8 6/3/2025
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.
7. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant 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 Consultant.
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
I. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate. 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 I (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance.
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 for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance.
4. Professional Liability: with limits no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
If the Consultant 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 Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or City Council 15 – 9 6/3/2025
operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations.
2. Consultant'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 Consultant under this Agreement.
3. For any claims related to this contract, Consultant'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 Consultant'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, Attention: Nadia Orozco, 20 Civic Center Plaza, M-11, Santa Ana, CA 9270 I.
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 Consultant 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
Consultant 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 Consultant'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.
City Council 15 – 10 6/3/2025
8. 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 Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The 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 Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
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.
10. 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.
11. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such City Council 15 – 11 6/3/2025
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.
12. 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.
13. NON-DISCRIMINATION
Consultant shall not discriminate because ofrace, 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.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the 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 Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant, City Council 15 – 12 6/3/2025
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 consultants retained by City.
16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, 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.
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
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.
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20. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City:
City Clerk
City of Santa Ana
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
Fax: (714) 647-5635
To Consultant:
Arntech Elevator Services
Attn: Timothy Herter, General Manager
12921 166th Street
Cerritos, CA 90703
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 City Council 15 – 14 6/3/2025
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 on following page]
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EXHIBIT A
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~
I
CITY OF SANT A ANA
EXHIBIT I
SCOPE OF SERVICES
The City of Santa Ana is seeking bids from qualified, experienced contractors to provide elevator maintenance and repair services as set forth below:
A. SERVICE LOCATIONS
1. Contractor is required to provide services to any location City requests, including those not listed herein.
2. Facility locations may be added or deleted, service hours may be modified, and services may be increased or decreased at any given time according to City needs during the term of the contract.
3. Contractor's employees conducting elevator maintenance at the Police Department will have escorted access and will be continuously monitored while working at the Police Facility. a. Projects requiring permanent or semi-permanent assignment to the Police Facility for oneto-eight weeks will require a LiveScan, at Contractor's expense.
City Hall (includes wheelchair lift)
20 Civic Center Plaza
Santa Ana, CA 92701
City Hall/Ross Annex
24 Civic Center Plaza
Santa Ana, CA 92701
Corporate Yard
215 S. Center Street.
Santa Ana, CA 92703
Santa Ana Main Library
26 Civic Center Plaza
Santa Ana, CA 92701
Santa Ana Zoo
1801 Chestnut Place
Santa Ana, CA 92701
Santa Ana Regional Transportation Center
1000 E. Santa Ana Blvd.
Santa Ana, CA 92701
El Salvador Community Center (wheelchair lift)
1825 W. Civic Center Drive
Santa Ana, CA 92703
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Police Department
60 Civic Center Drive
Santa Ana, CA 92701
Police Department
62 Civic Center Drive
Santa Ana, CA 92701
Southwest Senior Center (Wheelchair Lift)
2201 W. McFadden Ave
Santa Ana, CA 92704
Garfield Center
501 N Lacy St
Santa Ana, CA 92701
Navigation Center
1815 Carnegie Ave
Santa Ana, CA
B. ROUTINE PREVENTATIVE MAINTENANCE WORK
1. Proposer agrees to regularly and systematically examine, clean, lubricate and adjust the vertical transportation equipment and provide call-back service and, as conditions warrant, repair or replace all portions of the vertical transportation equipment included under this contract with the following exclusions only:
a. Repairs required because of negligence, accident, or misuse of the equipment by anyone other than the Contractor, his employees, subcontractors, servants or agents, or other causes beyond the Contractor's control except ordinary wear. b. Repairs or replacement building items, such as hoistway or machine room walls and floors, car enclosures, car finish floor material, hoistway entrance frames, doors and sills, telephone equipment and signal fixture faceplates.
c. Mainline and auxiliary disconnect switches, fuses, and feeders to control panels. d. Lamps for car and machine room illuminations.
2. In performing the above-indicated work, Contractor agrees to provide only genuine parts used by the manufacturers of the equipment for replacement or repair, and to use only those lubricants obtained from and/or recommended by the manufacturer of the equipment.
3. The preventative maintenance specified is considered the minimum for all equipment. a. If specific equipment covered by this contract requires additional maintenance for safe and reliable operation, then the Contractor shall perform the required maintenance.
4. The scheduling, frequency, and performance of the maintenance service procedures specified above shall be carried out in accordance with the manufacturer's established procedures.
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C. PERFORMANCE REQUIREMENTS
1. Proposer agrees to maintain the following minimum performance requirements of the elevators designated below:
a. Speed as certified: +/- 5% under any loading condition. b. Capacity: Safety lower, stop and hold up to 125% rated load. c. Leveling:+/- 3/8 under any loading condition.
d. Door Closing Time, Thrust and Kinetic Energy shall comply with ANSI Code. e. Floor to Floor Performance Time: Floor to floor performance time (from time doors starts closing at one floor to fully opened and level on next successive typical floor, regardless of loading conditions or direction level).
2. In accomplishing the above requirements, Contractor shall maintain a comfortable elevator ride with smooth acceleration, retardation and a soft stop.
3. Door operation shall be quiet and positive with smooth checking at the extremes of travel.
D. HOURS OF SERVICE
1. The Contractor shall perform all work, except, emergency minor adjustment callback service, during the regular working hours and the regular working days of the elevator trade.
2. Should the City request examination, cleaning, lubrication, adjustments, repairs, or replacements of elevator equipment be performed during other than regular working hours of the elevator trade, the Contractor shall absorb the straight time labor changes, and the City will compensate the Contractor for the overtime bonus hours at the Contractor's normal billing rates.
E. CONDITIONS OF SERVICE- GENERAL, ALL UNITS
1. The City is to provide the Contractor with full and free access to the equipment to render service thereon. Contractor must contact maintenance when on site at any City locations. a. Except at the Police Department, where all technicians will be escorted by Police Department staff.
2. Contractor shall:
a. Maintain, at all times the original contract speed in feet per minute; b. Perform all adjustments required to maintain the proper door opening and closing time, within limits of applicable codes;
c. Check the operating system for each unit or group of units continuously and make necessary test and corrections to ensure all circuits are correct and time settings are properly adjusted; and
d. Conduct periodic evaluations of equipment performance, including car speed, door operations, riding quality, and car leveling.
i. Following such evaluations, the Contractor shall perform adjustment, repairs, and replacements required to maintain manufacturer's operating performance. ii. A copy of evaluations will be left with City and reviewed with him on request.
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F. ALTERATIONS AND ADDITIONS
1. Contractor shall make no alterations or additions to the equipment without prior written approval from the City.
a. The maintaining of this equipment in a safe condition within proper operating limits, as originally specified, and with minimum downtime is of paramount importance.
G. INVENTORY
1. The Contractor shall own and maintain a sufficient amount of replacement parts, by the original manufacturer or approved equal, to maintain the equipment in first-class and safe operating condition.
H. MICROPROCESSORS AND REPROGRAMMING
1. The Contractor shall maintain, in stock, available for immediate usage, an inventory of replacement parts for any microprocessor equipment used in the elevator system.
2. The Contractor shall have full capabilities to reprogram or change the program of the elevator microprocessor.
3. The Contractor's service technicians shall carry diagnostic equipment designed to analyze programming and microprocessor functions and malfunctions.
4. All diagnostic equipment, microprocessor printed circuit boards, solid state circuitry parts, and reprogramming capabilities shall be of the original manufacturer's parts only.
I. EMPLOYEES OF CONTRACTOR TO BE SATISFACTORY
1. Contractor agrees that all work shall be performed by and under the supervision of skilled, experience, elevator service, and repairmen directly employed and supervised by Contractor. a. Any and all employees performing work under this contract shall be satisfactory to City.
J. EXTENT OF COVERAGE-TRACTION ELEVATORS & HYDAULIC ELEVATORS All city owned elevators that pertain to this agreement:
1. The work to be performed by the Contractor consists of:
a. Furnishing all material, labor, supervision, tools supplies, and equipment necessary to provide full maintenance service, including:
i. all inspections, adjustments, test, parts replacement, and repairs to keep the elevators covered under this contract in continuous use at their established capacity and efficiency for their intended purpose.
2. Elevators shall be maintained in first-class operating condition to meet the elevator's initial performance ability.
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3. All maintenance adjustments and repairs shall be in compliance with the latest American National Safety Code for Elevators, Dumbwaiters, Escalators and Moving Walks: ANSI A17.1 including supplements (hereinafter referred to as ANSI A17.1)
4. Contractor shall be responsible for regular systematic execution of the work items included in this contract as follows:
EXTENT OF COVERAGE-TRACTION ELEVATORS
Police Administration Building and Holding Facility
a. Regularly and systematically examine, clean, lubricate, adjust and when conditions warrant, repair or replace the following:
i. Elevator Machine - Geared
ii. Controllers, Selectors, Dispatcher, and Relay Panels iii. Machine Brakes and Brake Pulleys and Parts thereof, including:
iv. Pumps
v. Hydraulic Rams
vi. Control Valves
vii. Hydraulic fittings, lines & seals
viii. Hoisting Motors
ix. Selector Motors, Exciter and Regulator
x. Worms, Gears and Thrusts
xi. Bearings
xii. Rotating Elements
xiii. Brake Magnet Coils
xiv. Brushes, Brush Holders, and Commutators
xv. Brake Shoes, Linings, and Pins
xvi. Windings and Coils
xvii. Contacts, Relays and Timers
xviii. Resistors and Transformers
xix. Solid State Devices
xx. Emergency Lighting, if furnished and installed by same manufacture xxi. Fireman's Service Equipment
xxii. Deflector, Secondary and all other Sheaves, Shatters, Bearings, and Assemblies xxiii. Automatic Power Door Operators, Landing and Car Door Hangers, Landing and Car Door Contacts, Door Protective Devices, Hoistway Door Interlocks, Bottom Door Guides, Manual Door Closures, and Auxiliary Door Closing Devices b. Keep guide rails properly lubricated, except where roller guides are used. c. Replace guide shoe gibs or rollers, when conditions warrant, to provide smooth and quiet operation.
d. Repair or replace control cables, when conditions warrant. e. Periodically drain the gear case, flushing to remove sediment and grit, and refill with new gear oil.
f. Re-lamp all signals.
g. Furnish lubricants compounded to the Contractor's specifications. h. Periodically examine, clean, lubricate, adjust, and when conditions warrant, repair or replace the following safety devices:
i. Interlocks and Door Closers
ii. Car and Counterweight Buffers
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iii. Overspeed Governors, Governor Tension Sheave Assemblies, and Car and Counterweight Safeties
iv. Limit, Landing and Slowing Switches
v. Door Protective Devices and Alarm Bells
i. Conduct a yearly no-load, low speed test of car and counterweight safeties and a test of buffers.
j. Periodically equalize the tension in all hoistway ropes. Replace all wire ropes and fastenings, when conditions warrant.
k. Examine and when conditions warrant, regroove or replace all sheaves, governor tension sheaves, secondary or deflection sheaves, and compensation sheaves.
I. Periodically examine, lubricate, adjust and when conditions warrant through normal wear and tear, repair or replace the following accessory equipment:
i. Car and Corridor Operating Push-buttons
ii. Load Weighing Equipment
iii. All Hall Lanterns, Car Positions, and Hall Position Indicators, Lobby Control Panels, Car Operation Panels, and all other Signal and Accessory Facilities furnished and installed as part of the whole equipment. m. Periodically clean all elevator machine rooms, secondary areas, elevator hoistways, and pit areas. Contractor will be responsible for keeping the machine rooms, the exterior of the machinery, and any other parts of the equipment subject to rust, properly painted, identified, and presented to all times. During the course of each examination, all accumulated refuse in the pit areas will be discarded.
n. Annual clean the elevator hoistway and related equipment including rails, inductors, hoistway door hangers and track relating devices, switches, buffers, car tops and pit areas. o. Steel parts cabinets will be maintained in the machine room areas to provide for the orderly storage of replacement components.
p. Perform the following tests on the elevator equipment:
i. Tests of the car and counterweight safeties, governors, buffers, and all other safety devices.
ii. The car balance will be checked and the governor set. If required, the governor will be re-calibrated and sealed for proper tripping speed.
5. All tests performed on the elevator equipment described herein will be in accordance with the most recent ANSI/AS ME A 17 Code requirements. Written reports of all tests shall be submitted and reviewed with the City of the property within thirty (30) day following completion of all tests.
6. Check the group dispatching systems and make necessary tests to insure that all circuits and time settings are properly adjusted, and that the system performs as designed and installed on an annual basis.
7. Bi-Annual testing of the Fireman's Emergency Service operation will be performed to assure proper operation of the system.
K. EXCLUDED SERVICES
1. The following items of elevator equipment, hoistway, and machine room enclosures are not included in this contract:
ELEVATORS-ALL
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a. Car enclosure, including side walls, interior paneling, handrails, bases, car tops, car lighting fixtures, reflectors, and drop ceilings, and if necessary, refinishing, repairing, or replacing these items.
b. Car fan, gates and/or doors,
c. Hoistway enclosure,
d. Rail alignment,
e. Hoistway doors,
f. Door frames,
g. Sills,
h. Hoistway gates,
i. Finished flooding, power feeders switches and their wiring and fusing, j. Car light diffusers,
k. Light lubes or bulbs, and
I. Smoke or heat sensors.
2. The Contractor shall be required to make all tests specified by governing code and ordinances, but shall not be required to install new devices on the equipment, which may be recommended or directed by insurance companies, federal, state, municipal, or other authorities, to make changes or modifications in design, to make any replacements with parts of a different design, or to perform cleaning of cab interior and exposed sills.
L. LIQUIDATED DAMAGES
1. When an elevator is out of service for a period in excess of forty-eight (48) hours, due to Contractor's neglect or failure to comply with the provisions of this specifications, and should the Contractor fail to respond with a qualified service man under the time frame indicated herein, it is mutually agreed that the City may withhold as liquidated damages for each twenty-four (24) hour period thereof, the sum of Two Hundred Fifty Dollars ($250.00) from the succeeding month's billing for each failure to timely respond to a request for services.
2. Further, it is mutually agreed that this sum is set our as liquidated damages because of the impossibility of determining the amount of actual damages the City would suffer as a result of the Contractor's failure to comply with this provision.
M. WIRING DIAGRAMS, INSTRUCTION MANUALS, ETC.
1. The Contractor agrees to furnish a complete set of electrical wiring diagrams for all of the equipment covered by this contract, together with all supplemental information, such as instruction manuals, lubrication charts, etc., that pertain to the equipment covered in this agreement.
2. Should the Contractor not have this information available, the City agrees to furnish this information to the Contractor, to the extent available, at the Contractor's expense.
3. However, requiring that the Contractor provide this information shall be considered part of his previous experience with this specific type of equipment.
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N. CONTRACT URAL OBLIGATIONS
1. The contract shall constitute the entire agreement between the parties and all prior representations and agreements, whether written or oral, are merged herein.
2. The Contractor does not assume possession, management, or control of any part of the equipment.
3. The Contractor shall not, in any event, be responsible for or liable for any loss or damage resulting from:
a. The overloading and/or misleading of elevator, escalator, or other device covered by this contract and its rated capacity or operation of said equipment, or b. For any loss, damage, detention, delay, or for any failure to perform resulting from:
i. Accidents,
ii. Strikes,
iii. Lock-outs,
iv. Fire,
v. Explosions,
vi. Water,
vii. Flood,
viii. Wind,
ix. Malicious mischief,
x. War,
xi. Acts of civil or military authority,
xii. Insurrection,
xiii. Riot,
xiv. Act of God, or
xv. Any consequential damage.
4. The City agrees (except during periods of the inspection and work required by the terms of this contract, when and if the Company's employees actually take charge of the equipment), the control over, the management, observation, and operation of the equipment is and remains the full and sole responsibility of the City.
5. The City shall immediately shut down any equipment from service when it appears to the City to be unsafe or operating in a manner which might cause injury to anyone using said equipment; and will give the Contractor written notice within a reasonable period of time of any accident, alteration, or change affecting the equipment covered by this contract.
6. The contract shall be binding upon the heirs, personal representatives, successors, and permitted assigns of the parties hereto.
7. The Agreement shall become a valid and binding contract only when accepted and signed by the City representative; and subsequently approved and signed by an Officer of the Contractor.
8. This contract shall not be changed, modified, or terminated and none of its terms or conditions shall be waived orally, but only in writing, signed by the City and by an officer of the Contractor. a. A waiver at any time of the terms and conditions of this contract shall not be considered a modification, cancellation, or waiver of such terms and conditions.
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9. The specification herein relates to furnishing of materials and services at the premises upon the equipment enumerated at the rate prescribed in the Contractor's proposal and upon the terms and conditions as stated hereinafter.
10. In the performance of this contract, the Contractor agrees he will abide by all existing laws, codes, rules and regulations set forth by all appropriate authorities having jurisdiction in the location where the work is to be performed.
11. Contractor shall make periodic test and maintenance inspections of all elevator equipment as required by current applicable safety codes for elevators, dumbwaiters, escalators, and moving walks. Written reports of said tests shall be submitted to City and, in the case of running safety tests, prior notification shall be given so that a representative of City may witness said test.
12. Contractor shall not be required under this agreement to install new attachments as may be recommended or directed by insurance companies, federal, state, municipal, or governmental authorities, subsequent to the date of contract, unless compensated for such installation.
0. ADDITIONAL REQUIREMENTS
The Contractor shall adhere to established schedules.
1. The Contractor shall furnish a qualified elevator mechanic on the job site for performance of examinations and preventative maintenance.
a. Said elevator mechanic shall provide preventative maintenance at the job site a minimum of 2 hours per unit per inspection.
2. Contractor's mechanic shall check into the manager's or maintenance office when he arrives and when he leaves the building.
3. Copies of mechanic's time tickets, verifying time spent on each visit, shall be left with building manager or maintenance supervisor.
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EXHIBIT B
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ATTACHMENT A
FEE PROPOSAL, PROPOSER'S CERTIFICATION, PROPOSAL PRICING Proposer Item Price - Pricing shall be based on a unit cost for services described in Scope of Services. Fee must be inclusive of all costs, including, but limited to, direct and indirect costs for labor, overhead. incidental supplies. trave, mileage and fuel. Any special materials will be purchased by the Contractor only after discussed and authorized by City Public Works Agency in writing. The prices will remain firm for term of the agreement.
Contractor's labor and equipment rate sheet shall list rates for all labor desginations, equipment and materials. Specify and estimate any other costs associated with the system.
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 offter.
Note: This contract is subject to prevailing wages.
Item Routine Services Price
#
City Hall: 20 Civic Center Plaza $ 2.400
1. 3: U.S. Elevator Geared Passenger, 2. 10 stop, 1.9 stop per month
Santa Ana Library: 26 Civic Center Plaza $ 400
2. 1: Amlift/MCE Hydraulic Passenger, 3 stop
per month
Ross Annex: 24 Civic Center Plaza 2: $ 800
3. Dover Hydraulic Passenger. 5 stop per month
Corporate Yard: 215 S. Center Street $ I 600
4. 4: Dover Hydraulic Passenger, 2 stop per month
City Hall (Wheelchair Lift): 20 Civic Center Plaza $ 400
5. EXAMINATION AND LUBRICATION ONLY
QUARTERLY SERVICE per quarter
1: Wheel-O-Vator, 2 stop chair lift
Santa Ana Zoo: 1801 Chestnut Place $ 400
6. 1: Schindler Elevator. 2 stop per month
Santa Ana Transportation Center: 1000 E Santa Ana Blvd. $ 1.600
7. 4: Schindler Hydralic, 4, 3, 2 stop per month
El Salvador Community Center: 1825 W. Civic Center Dr $ 400
8. QUARTERLY SERVICE per quarter 1: Wheel-O- Vator, 2 stop chair lift City of Santa Ana RFP No. 25-007A Page 87 of 102
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Police Department: 60 Civic Center Dr $ 2.400 9. 2: Montgomery Otis Traction Elevators; 2 Hydro Electric 4 per month
stops
Police Department/Jail: 62 Civic Center Dr
10. 6: Montgomery Otis Traction Elevators; 1 dumb waiter S 5,200 per month
Southwest Senior Center:
11. QUARTERLY SERVICE
I 1: 1 wheelchair lift at stage $ 400
per quarter
Garfield Center: 501 N Lacy St $ 400 12. 1: Schindler Elevator, 2 stop per month
Navigation Center: 1815 Carnegie Ave $ 400 13. 1: Modular Elevator MFG, Inc., Hydroelectric 1 stop per month
TOT AL ANNUAL COST:
Sub-Total Monthly (Line items 1,2,3,4,6,7,9, 10, 12, 13 x 12 $ 187,200 months): I
Sub-Total Quarterly (Line Items 5, 8 and 11 x 4 quarters): $ 4,800 TOTAL ANNUAL COST (Sum of both sub-totals above): $ 192,000
LABOR RATES
Same Business Day Service Calls (service calls made by 1.00 p.m. PST).
The Contractor shall quote labor rates and provide explanation as required herein:
14. Straight Time: $400 mechanic hour: $600 team hour See to the left $400 / $6OO
15. Over Time: $650 mechanic hour: $1,100 team hour ISee to the left $650/$1,100
16. Double Time: $800 mechanic hour: $1,100 team hour See to the left $800 I $1,100
Next Business Day Service Calls (service calls made after 1 :00 p.m. PST).
The Contractor shall quote labor rates and provide explanation as required herein:
17. Straight Time: $400 mechanic hour: $600 team hour ISee to the left $400 / $600
18. Over Time: $650 mechanic hour: $1,100 team hour lsee to the left $650 I $1,100
19. Double Time: $800 mechanic hour: $1,100 team hour See to the left $800/$1,100
20. Travel: When applicable, see billing rates above for labor See to the left [only
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CITY OF SANT A ANA
Contractor shall define what constitutes Straight Time, Over Time and Double Time:
Straight Time: Mechanic 8:00AM-4:30PM Team 6:00AM-2:30PM M-F no minimum Over Time: Mechanic 4:31PM-7:59AM M-F Team 2:31PM-5:59AM, all day Saturday, Sunday Double Time: Mechanic Team all day Saturday Sunday and all major government holidays Emergency Service Calls (Response by phone required within 30 minutes and onsite response required within 2 hours of service call). I
21. Minimum Time Charge (if any) per hour or min (circle one) See rates above t no minimum
per hour
22. Hourly Emergency Call Out charge during regular business See straight time hours (7:30 a.m. - 4:30 p.m., Monday- Friday) if applicable per hour
23. Hourly Emergency Call Out charge during non-business hours See OT and double (4:31 pm.-7.29 a.m., Monday-Friday, weekends and holidays) time rates per hour
24. Travel
Contractor defines travel time as portal to portal billed at an hourly rate.. Travel billed at an hourly rate should be measured in increments of 0.25 with a maximum of 1 hour ( one way).
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.
Pacific Coast Elevator OBA Amtech Elevator Services (562) 263-5939 main: Fax n/a
LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS
12921 166 Street, Cerritos, CA 90703
BUSINESS ADDRESS
Tim Herter
PRINTED NAME OF AUTHORIZED AGENT
General Manger
TITLE
City of Santa Ana RFP No. 25-007A Page 89 ot 102
City Council 15 – 30 6/3/2025
CITY OF SANTA ANA
March 12, 2025 Timoth .Herter ·amtechelevator.com
SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS
06-1417004 C-11 737286
FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE)
113208
CITY OF SANTA ANA BUSINESS LICENSE NUMBER
(PLEASE PROVIDE IF AVAILABLE. BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
City of Snntn Ann nrn No 25-007A Page 90 of 102
City Council 15 – 31 6/3/2025
Public Works Agency
www.santa-ana.org/pw
Item # 16
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 3, 2025
TOPIC: Median and Right of Way Landscaping Maintenance Services
AGENDA TITLE
Agreement with Landscape West Management Services, Inc. for Median and Right of Way Landscaping Maintenance Services (Specification No. 25-058) (General Fund & Non-General Fund)
RECOMMENDED ACTION
Approve an agreement with Landscape West Management Services, Inc. for Median and Right of Way Landscaping Maintenance Services in an amount not to exceed $9,370,000 for a three-year term beginning July 1, 2025 and expiring June 30, 2028, with provisions for two, one-year renewal options (Agreement No. A-2025-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
The Public Works Agency’s Maintenance Services Division (PWA) is responsible for maintaining over 30 miles of City street medians and various public right-of-way areas including slopes, channels, neighborhood entry monuments, bike lanes, and City owned vacant lots. The services include, but are not limited to, mowing, weed mitigation, trash removal, and irrigation systems maintenance. PWA contracts for these services and the current contract, awarded by Council in 2019, is set to expire on June 30, 2025.
The Public Works Agency places great emphasis on maintaining the public realm in an attractive condition for residents, businesses, and visitors. Maintenance of City medians and right-of-way areas have faced numerous challenges due to various factors, including increased landscaped inventory, barren landscapes resulting from the State’s restrictions on use of grass turf, and vandalism. The City has made incremental investments to improve and re-plant barren medians through installation of new drip irrigation systems and water efficient landscaping in the City's many arterial corridors including First Street, Bristol Street, Seventeenth Street, Fairview Street, Harbor Bouleveard, and MacArthur Boulevard but has additional work to perform on other corridors such as Edinger Avenue and Warner Avenue.
Rising cost of landscape maintenance labor and materials and an expanded inventory of public realm landscaping, such as bike lanes, roundabouts, and other traffic calming City Council 16 – 1 6/3/2025
Median and Right of Way Landscaping Maintenance Services June 3, 2025
devices, have further limited the ability to invest in improving and replanting the remaining existing median inventory. This service is intended for maintnenace of the existing landscaping only. It is estimated that the cost to improve barren medians is approximately $750,000 per mile with an annual maintenance cost of approximatley $150,000 for every mile of median landscaping. Furthermore, the main funding source for the median and right-of-way landscaping maintenance program is Gas Tax funding, which has historically proven unreliable due to fluctuations in fuel costs and consumer spending resulting in reduced allocations for maintenance and limiting ability to invest in median improvements.
Historically, the annual funding for median landscaping has been about $1.2 million from Gas Tax funding. Due to constant fluctuatuions and decreases in Gas Tax revenues, the Gas Tax budget for this activity in FY 2025-26 is $1,024,000. To mitigate the shortfall in funding, the program will receive $350,000 annually from the General Fund which counts toward the City’s Measure M2 required “Maintenance of Effort” street maintenance spending.
Additonally, this year in an effort to combine service contracts and to provide more efficient services, this contract will combine weed abatement services of slopes, channels, and vacant lots. The funding source for the weed abatement services will be set at $500,000 from the Environmental Sanitation Funds.
Request for Proposals No. 25-058
Request for Proposals (RFP) No. 25-058 (Exhibit 1) was issued on April 4, 2025 on the City’s online bid management and publication system. A summary of vendor participation and results is as follows:
365 Vendors Notified
4 Santa Ana vendors notified
36 Vendors downloaded the RFP packet
6 Responsive proposals received
0 Proposals received from Santa Ana vendors
Local Outreach Efforts
The Purchasing Division advertised this project on the City’s online bid management and publication system, which directly notified four Santa Ana vendors. Proposals were solicited, opened on May 1, 2025, and evaluated. Six proposals were submitted by the RFP deadline and were determined to be responsive to the specifications and met the City’s requirements. An evaluation committee reviewed and rated the proposals according to the criteria listed in the RFP, and the following summarizes the ranking of all responding firms:
City Council 16 – 2 6/3/2025
Median and Right of Way Landscaping Maintenance Services June 3, 2025
Firm City Rank
Landscape West Management Services Anaheim, CA 1
Mariposa Landscapes, Inc. Irwindale, CA 2
So Cal Land Maintenance, Inc. Anaheim, CA 3
Priority Landscape Maintenance Anaheim, CA 4
Evolution Landscaping and Plumbing Huntington Beach, CA 5 Tropical Plaza Villa Park, CA 6
Staff recommends awarding an agreement to the highest-ranked firm, Landscape West Management Services, Inc., based on their strong experience with similar scopes of services, availability of fleet and staffing, responsiveness to services, and direct experience working with the City of Santa Ana. (Exhibit 2). Landscape West holds the City’s current right of way landscaping services contract for Santa Ana and has performed well. The firm’s proposed rates are only 5% higher than the previous agreement terms and are competitive, reasonable, and within industry standard. Overall, the proposal was determined to provide the best value for the City. The total annual compensation amount is based on the available annual budget and allows the flexibility to augment staffing levels based on seasonal demands and replacement of damaged plant material and irrigation components due to vandalism and automobile accidents.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.
FISCAL IMPACT
Funding is included in the proposed FY 2025-26 budget. Funding for future fiscal years will be included in the proposed budgets for City Council consideration.
Fiscal
Year
Accounting
Unit
Fund
Description
Accounting Unit, Account
Description Amount
02917635-
62320
Special Gas
Tax
Median Landscaping,
Maintenance & Repair
Buildings & Grounds
$1,024,000
06817640-
62300
Sanitation
Fund
Public WorksEnvironment/Sanitation,
Contract ServicesProfessional
$500,000 2025-26
01117017-
62320
General
Fund
PWA Service
Enhancement,
Maintenance & Repair
Buildings & Ground
$350,000
2026-27 02917635-
62320
Special Gas
Tax
Median Landscaping,
Maintenance & Repair
Buildings & Grounds
$1,024,000
City Council 16 – 3 6/3/2025
Median and Right of Way Landscaping Maintenance Services June 3, 2025
Fiscal
Year
Accounting
Unit
Fund
Description
Accounting Unit, Account
Description Amount
06817640-
62300
Sanitation
Fund
Public WorksEnvironment/Sanitation,
Contract ServicesProfessional
$500,000
01117017-
62320
General
Fund
PWA Service
Enhancement,
Maintenance & Repair
Buildings & Ground
$350,000
02917635-
62320
Special Gas
Tax
Median Landscaping,
Maintenance & Repair
Buildings & Grounds
$1,024,000
06817640-
62300
Sanitation
Fund
Public WorksEnvironment/Sanitation,
Contract ServicesProfessional
$500,000 2027-28
01117017-
62320
General
Fund
PWA Service
Enhancement,
Maintenance & Repair
Buildings & Ground
$350,000
Optional Two, One-Year Extensions:
02917635-
62320
Special Gas
Tax
Median Landscaping,
Maintenance & Repair
Buildings & Grounds
$1,024,000
06817640-
62300
Sanitation
Fund
Public WorksEnvironment/Sanitation,
Contract ServicesProfessional
$500,000 2028-29
01117017-
62320
General
Fund
PWA Service
Enhancement,
Maintenance & Repair
Buildings & Ground
$350,000
02917635-
62320
Special Gas
Tax
Median Landscaping,
Maintenance & Repair
Buildings & Grounds
$1,024,000
06817640-
62300
Sanitation
Fund
Public WorksEnvironment/Sanitation,
Contract ServicesProfessional
2029-30 $500,000
01117017-
62320
General
Fund
PWA Service
Enhancement, $350,000
City Council 16 – 4 6/3/2025
Median and Right of Way Landscaping Maintenance Services June 3, 2025
Fiscal
Year
Accounting
Unit
Fund
Description
Accounting Unit, Account
Description Amount
Maintenance & Repair
Buildings & Ground
TOTAL $9,370,000
EXHIBIT(S)
1. Request for Proposals No. 25-058
2. Agreement with Landscape West Management Services, Inc.
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager
City Council 16 – 5 6/3/2025
City Council 16 – 6 6/3/2025
CITY OF SANTA ANA
2 MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058
TABLE OF CONTENTS
I. BACKGROUND........................................................................................................................... 3 II. OVERVIEW OF PROJECT.......................................................................................................... 3 III. MANDATORY/OPTIONAL PRE-PROPOSAL MEETING............................................................. 3 IV. TERM OF AGREEMENT ............................................................................................................ 4 V. MINIMUM QUALIFICATIONS...................................................................................................... 4 VI. RESPONSE TO RFP .................................................................................................................. 4 VII. CERTIFICATIONS (ATTACHMENTS)......................................................................................... 9 VIII. REFERENCES............................................................................................................................ 9 IX. MINIMUM SCOPE AND LIMIT OF INSURANCE......................................................................... 9 X. SELECTION PROCEDURES & CRITERIA ............................................................................... 11 XI. WITHDRAWALS........................................................................................................................ 13 XII. GENERAL TERMS AND CONDITIONS .................................................................................... 13 XIII. ADDITIONAL TERMS AND CONDITIONS FOR PUBLIC WORKS PROJECTS........................ 18 XIV.AWARD OF AGREEMENT........................................................................................................ 21 XV. IMPLEMENTATION................................................................................................................... 21
EXHIBITS
Exhibits provided herein for Proposers’ reference only.
EXHIBIT I – SCOPE OF SERVICES
EXHIBIT II – SAMPLE AGREEMENT
EXHIBIT III –MAINTENANCE SCHEDULES AND MAPS
ATTACHMENTS
A PROPOSER’S CERTIFICATION, PROPOSAL ITEM PRICING
B REFERENCES
C PROPOSER’S STATEMENT
D NON-COLLUSION AFFIDAVIT
E NON-LOBBYING CERTIFICATION
F NON-DISCRIMINATION CERTIFICATION
G SUBCONTRACTOR DESIGNATION FORM
City Council 16 – 7 6/3/2025
CITY OF SANTA ANA
3 MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 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.
For more information, please visit https://www.santa-ana.org/ II. OVERVIEW OF PROJECT
The City of Santa Ana (City) is seeking proposals from qualified firms and organizations (Proposers) to provide landscaping maintenance and irrigation systems maintenance of street medians and public right-of-way amenities, vacant lots/parcels, slopes, channels, and easements. See EXHIBIT I for complete Scope of Services.
The term “Vendor”, “Proposer”, “Firm”, “Consultants”, and “Contractor” shall refer to any legal entity or entities submitting a proposal in response to this Request for Proposals (RFP).
III. MANDATORY PRE-PROPOSAL MEETING
A mandatory virtual pre-proposal meeting will be held on the date and time specified on the cover page of this RFP. Proposals will only be accepted from respondents that attended the mandatory meeting.
Failure to attend this meeting shall result in your firm being disqualified from proposing.
Meeting Link:
https://zoom.us/j/98704388674?pwd=jNqhAhjIdyrUAJlAWCI3bQgvbsacGF.1 The meeting will include a detailed discussion of the project, route schedule, posting programs etc. All questions shall be required to be submitted in written form. After the pre-proposal meeting, City will respond to pre-proposal attendees by e-mail to written questions or requests for clarifications. At a minimum the Contractor Operation/Field Supervisors are required to attend this meeting.
City Council 16 – 8 6/3/2025
CITY OF SANTA ANA
4 MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 IV. 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.
The contract term is anticipated to commence after City Council award of this contract and upon receipt and approval of all required bonds and insurance documents. The anticipated service start date is tentatively scheduled for July 1, 2025 as determined by the City upon appropriate approvals.
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.
V. MINIMUM QUALIFICATIONS
Proposers not meeting the minimum requirements may be deemed non-responsive. 1) Contractor must have been in business continuously for the most recent five (5) years prior to the date of this RFP.
2) Minimum three (3) most recent years of experience performing similar services as those detailed in the Scope of Services section of this RFP.
3) The Contractor shall, prior to award of contract and without additional expenses to the City, possess all licenses and permits required for the performance of the work required by this contract, including but not limited to a valid California Class C-27 – Landscaping Contractor’s License.
VI. 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 City Council 16 – 9 6/3/2025
CITY OF SANTA ANA
5 MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 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 Buyer(s), and no other City staff about this RFP from the date this RFP is issued until a contract is awarded. The City will provide all official communication concerning this RFP in writing via the City’s Bid Management System, PlanetBids.
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.
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:
Jacques Lam
Buyer
Email: [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 City Council 16 – 10 6/3/2025
CITY OF SANTA ANA
6 MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 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.
1. Statement of Qualifications (SOQ)
SOQ must include a Table of Contents and be limited to a maximum of 20 pages (excluding City’s required Certifications listed in Section VIII below; Proposal Cover Letter, section dividers, table of contents, front/back cover pages). The page limitation includes all appendices, attachments, and supplemental information. Additionally, SOQ must include the following:
a. Cover Letter
Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include type of business entity.
Cover Letter shall not exceed one page.
Cover letter must be addressed to the following City Project Manager:
City Council 16 – 11 6/3/2025
CITY OF SANTA ANA
7 MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 Arturo Rodríguez, Assistant Public Works Maintenance Manager City of Santa Ana – Public Works Agency
220 S. Daisy Avenue
Santa Ana, CA 92703
b. Services Provided
A description of proposed services to be provided and how they meet the needs of the City as described in Exhibit I – Scope of Services.
c. Agreement Statement
Proposal shall include a statement outlining your concurrence or reference to concerns previously submitted with any and all provisions as contained in EXHIBIT II – Sample Agreement of this RFP (if any).
d. Firm and Team Experience
Proposal shall include a profile of the firm’s experience including the following:
i. A general description of the firm, including size and number of employees working directly with the City on this agreement.
ii. Firm’s nearest address serving the City of Santa Ana and headquarters address.
iii. Name and contact information of the supervising Project Manager/Principal Agent, to be assigned to the agreement. The Project Manager/Principal Agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited to an interview. iv. Resumes for all key staff proposed describing relevant experience. e. Proposed Work Plan
Proposal shall include a statement demonstrating the firm’s understanding of the Scope of Services.
Additionally, proposed work plan shall include Proposers’:
i. Anticipated approach to performing services as specified herein; ii. Suggestions or special concerns the evaluation committee should take into consideration (if any);
iii. Description of deliverables and implementation plan. Proposer shall submit a general description of the deliverables, implementation plan, and timeline. f. References: Attachment B – References shall be submitted for similar projects performed for state and/or similar government clients.
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 16 – 12 6/3/2025
CITY OF SANTA ANA
8 MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 the right to negotiate compensation and/or payment schedule prior to award of any resulting agreement. When applicable, if providing hourly rate sheets, Proposer shall not include rate ranges or averages.
The City shall not provide reimbursement for travel-related expenses, mileage, parking, lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any other business expenses, supplies and materials related to providing services as specified herein. Additional costs will not be considered and will not be reimbursed by the City, therefore, such costs must be absorbed in Proposer’s cost proposal fee structure.
Any language related to travel reimbursement shall be stricken from the document by the City and if not stricken, shall be deemed invalid.
Proposals shall be valid for a minimum of one hundred eighty (180) days following Proposal deadline. The cost for developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become property of the City.
Pricing shall remain firm for the entire initial Agreement term. Thereafter, any proposed pricing adjustment for follow-on renewal periods shall be submitted to the City Representative in writing at least ninety (90) days prior to the new Agreement term. The City reserves the right to accept, reject, or negotiate any proposed pricing adjustment not to exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data as follows:
Los Angeles-Long Beach-Anaheim, CA; All Urban Consumers; Not Seasonally Adjusted; annualized change comparing the most recent month’s reported data to the same month of the prior year. (This information may be found on the U.S. Department of Labor’s website at www.bls.gov.)
H. PROTEST PROCEDURES
Only respondents who have actually submitted a proposal may file a “protest” to an RFP with the City’s Purchasing Department. In order for a Proposer’s protest to be considered valid, the protest must:
1. Be filed in writing before 5:00 p.m. of the 5th business day following the posting of RFP Results/Notice of Intent to Award on the City’s online bidding system;
2. Clearly identify the specific irregularity or accusation;
3. Clearly identify the specific City staff determination or recommendation being protested;
4. Specify, in detail, the grounds of the protest and the facts supporting the protest; and
5. Include all relevant, supporting documentation with the protest at time of filing.
If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the City’s Purchasing Manager, or other designated City staff member, shall review the basis of the protest and all relevant information. The decision from the Purchasing Manager, or her/her designee, is final and no further appeals will be considered.
City Council 16 – 13 6/3/2025
CITY OF SANTA ANA
9 MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 VII. CERTIFICATIONS (ATTACHMENTS)
In addition to the SOQand Cost Proposal, the following forms, included in this RFP, shall be signed and included as part of the proposal submittal package:
• Attachment A: Proposer’s Certification and Proposal Item Pricing • Attachment B: References
• Attachment C: Proposer’s Statement
• Attachment D: Non-Collusion Affidavit
• Attachment E: Non-Lobbying Certification
• Attachment F: Non-Discrimination Certification
• Attachment G: Subcontractor Designation Form
The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any commitment will be awarded pursuant to this RFP or otherwise.
PLEASE NOTE:
• All forms above must be signed by a representative of the Firm that is legally authorized to contractually bind the Proposer.
• City 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 telephone numbers. Contracts listed must have a minimum award amount of $200,000 in order to be used as references. Use ATTACHMENT B – References. The respondent grants permission for the City to contact any individuals listed as references.
City may disqualify a Proposer if:
• References fail to substantiate Proposer’s description of services and deliverables provided; or
• References fail to support that Proposer has a continuing pattern of providing capable, productive, and skilled personnel, or
• City is unable to reach the point of contact with reasonable effort. It is the Proposer’s responsibility to inform the point of contact(s) of normal City working hours.
IX. MINIMUM SCOPE AND LIMIT OF INSURANCE
Contractor shall procure and maintain for the duration of the agreement, the following insurance coverages:
City Council 16 – 14 6/3/2025
CITY OF SANTA ANA
10 MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058
MINIMUM SCOPE AND LIMIT OF INSURANCE
Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate.
• Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance with existing limits, which can be lower than $1,000,000. • Workers’ Compensation (W/C): as required by the State of California, with statutory limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Contractor has no employees.
If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, equipment, and personnel furnished in connection with such work or operations.
2. All required insurance policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor for City.
3. All required insurance policies: For any claims related to this contract, Contractor’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.
4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Contractor’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.
5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to nonpayment.
City Council 16 – 15 6/3/2025
CITY OF SANTA ANA
11 MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name of Department Staff Responsible for Agreement), Address of Department Responsible for Agreement, M-XX, Santa Ana, CA 92701. The name and location of the event should be included in the Description of Operations section of each certificate.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
Verification of Coverage
Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them.
City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The retroactive date must be shown and must be before the date of the contract or the beginning of work.
2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Company must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work.
Subcontractors
Contractor shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
X. SELECTION PROCEDURES & CRITERIA
A. Evaluation: The City will establish a proposal review committee. The review committee will evaluate proposals based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth below.
City Council 16 – 16 6/3/2025
CITY OF SANTA ANA
12 MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 B. Scoring Criteria: Proposers will be ranked by the review committee based on the following criteria:
C. Rankings: A final score will be calculated for each submitted proposal and used to rank Proposers. Based upon the foregoing criteria, all proposals shall be ranked by score. Only those proposals receiving a score above 70 will be considered for award. The City reserves the right to award the contract to any proposer(s) with a score above 70. The review committee will evaluate proposers based on their response to the RFP and the City evaluation criteria set forth above.
D. Interviews: The review committee may invite the proposers to interview. If invited to interview, Proposers must be prepared to include key personnel in the interview and/or presentation.
The City reserves the right to seek additional information from any or all Proposers invited to present proposals. A final score will be calculated for each submitted proposal and used to rank Proposers. City reserves the right to begin negotiations and enter into a contract without
CATEGORY POINTS
Responsiveness to RFP
• Proposal’s compliance with the requirements of this RFP. • Scope of Services offered including ability to provide optional services.
• The value to any new and/or innovative product or service suggestions or other new ideas and enhancements.
• Ability to meet performance schedule
15 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.
35 Proposed Pricing
• Reasonableness of Cost 50
References
• References that are similar in size and project scope to the City. PASS/FAIL
TOTAL POSSIBLE SCORE
(Before interviews – if held) 100
Interviews
• The City reserves the right to conduct interviews with the highestrated firm(s). In the event the City does perform an interview process, the following is the maximum number of additive points that may be applied to the proposal score. Total possible score may exceed 100 points.
20 City Council 16 – 17 6/3/2025
CITY OF SANTA ANA
13 MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 holding interviews, or further discussions. If interviews are held, up to a maximum of three proposers will be invited for the interviews based on final proposal score.
E. Selection: The City is under no obligation to accept any proposal and reserves the right to negotiate with respondents as to fees and terms. The City may reject proposals at its sole discretion. If proposal fails to satisfy any requirements outlined in this RFP, it may be considered non-responsive and may be rejected.
The City shall not be obligated to accept the lowest priced proposals, but will make awards in the best interests of the City after all factors have been evaluated. The review committee will recommend the qualified Proposers to the City Council or City Manager for award of contract, as appropriate.
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 City Council 16 – 18 6/3/2025
CITY OF SANTA ANA
14 MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 accomplishing work and services hereunder. The Contractor’s efforts shall include, but not be limited to, establishing precautions to prevent its employees, agents, and Subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of the City.
Each Proposer must disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFP. Any such relationship that might be perceived or represented as a conflict should be disclosed. The City reserves the right to disqualify any Proposer on the grounds of actual or apparent conflict of interest.
No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded a Contract for the provision of services, the delivery of supplies, or the provision of any other related action which is required, suggested, or otherwise deemed appropriate as an end product of this Contract. Therefore, Contractor is precluded from contracting for any work recommended as a result of this Contract.
E. CONTRACTOR’S EXPENSE
Pre-Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to entering into a formal contract. Costs of developing a response to this RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. 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.
City Council 16 – 19 6/3/2025
CITY OF SANTA ANA
15 MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 H. DATA RETENTION
Contractor shall be responsible for retaining data, records, and documentation for the preparation of required items. These materials shall be made available to and as requested by City.
All materials, documents, data or information obtained from the City Data files or any City medium furnished to Contractor in the performance of an awarded contract will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Contract without the express written consent of the City. All materials, documents, data or information, including copies, must be returned to the City at the end of the contract.
All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act.
I. DRUG-FREE WORKPLACE
The awarded Contractor certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. Failure to comply with these requirements may result in suspension of payments under the Contract or termination of the contract or both, and the Contractor may be ineligible for award of any future City contracts.
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 II – Sample Agreement of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to disqualify them without any further obligation
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 City Council 16 – 20 6/3/2025
CITY OF SANTA ANA
16 MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City.
M. INDEPENDENT CONTRACTOR
Contractor is considered an independent Contractor and neither Contractor, its employees, nor anyone working under Contractor will be considered an agent or an employee of City.
Neither Contractor, its employees, nor anyone working under Contractor, will qualify for workers’ compensation or other fringe benefits of any kind through City.
N. JOINT OFFERS/SUBCONSULTANTS
Where two or more Proposers desire to submit a single proposal in response to this RFP, they should do so on a prime sub-consultant basis. The City intends to contract with a single firm, also known as the prime, and not with multiple firms doing business as a joint venture.
Should the use of sub-consultants be offered, the Proposer shall provide the same assurances of competence for the sub-consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub-consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub-consultants in the same manner as the Proposer. The proposer is responsible for all the actions taken by their sub-contractor.
The City reserves the right to reject, replace and approve any and all Subcontractors. All Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability of such Subcontractors.
O. LITIGATION STATUS
Each Proposer must include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the Proposer’s prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures.
P. NEGOTIATIONS
The City reserves the right to negotiate final contract terms with any Proposer selected, including but not limited to pricing, hourly labor rates and disposal charges. 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 City Council 16 – 21 6/3/2025
CITY OF SANTA ANA
17 MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 successfully, the City reserves the right to negotiate a contract with another Contractor or withdraw the RFP.
Q. NON-PAYMENTS
Note that payments will NOT be made for any unsatisfactory work until corrected. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to cure the alleged breach.
R. OWNERSHIP OF DOCUMENTS
The City has permanent ownership of all directly connected and derivative materials produced under this contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the City and may be used by the City as it may require without additional cost to the City. Contractor shall provide the City copies of documents upon its request at any time. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City.
S. PARKING
The City will not provide free parking and/or reimbursement for the cost of parking while providing services and conducting business with the City.
T. PROFESSIONAL STANDARDS
Contractor staff shall be courteous to the public and City staff utilizing facilities where Contractor is performing work, but shall be responsive only to the requests of the City’s Project Manager or designee. Contractor staff shall direct all inquiries to Project Manager or designee.
Contractor acknowledges that City locations consist of public-use facilities and recognizes the obligation to ensure Contractor personnel and agents maintain the highest level of professional standards in attire, decorum, and interaction with the public and City personnel.
U. PROJECT MANAGER
The selected Proposer will assume responsibility for all services in its proposal. The selected Proposer shall identify a sole point of contact, Project Manager, with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement.
V. PROPOSAL VALIDITY
Services, pricing, and warranties indicated in a Proposer’s Proposal must be valid for a period of 180 days at minimum after the submission of the Proposal.
W. PUBLIC AGENCIES
Other public agencies, as defined by California Government Code Section 6500, may choose to use the terms of this Contract, subject to Contractor’s acceptance. The City is not liable or responsible for any obligations related to a subsequent contract between Contractor and another public agency.
X. PUBLIC RECORDS
Proposals will become public record after the award of a contract unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly City Council 16 – 22 6/3/2025
CITY OF SANTA ANA
18 MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 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.
XIII. ADDITIONAL TERMS AND CONDITIONS FOR PUBLIC WORKS PROJECTS A. PREVAILING WAGE
The Director of the Department of Industrial Relations of the State of California has ascertained the prevailing rate of per diem wages in dollars, based on a working day of eight hours, for each craft or type of worker or mechanic needed to execute any construction or maintenance contract, which may be awarded by Public Works. The current prevailing wage rates as adopted by the Director of the Department of Industrial Relations are incorporated herein by reference and may be accessed at http://www.dir.ca.gov/ (General Prevailing Wage determination made by the Director of Industrial Relations / Pursuant to California Labor Code Part 7, Chapter 1, Article 2, Section 1770, 1773 and 1773.1).
Contractor is required to pay the prevailing wage rate referred to above and is responsible for selecting the craft/classification of workers which will be required to perform this service in accordance with the Contractor's method of performing the work. Pursuant to Section 1775 of the Labor Code (State of California) Contractor shall forfeit $50 for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rates for any public work done under this Contract or by any subcontractor.
Prevailing Wage Compliance and Monitoring
Contractor is aware of the requirements of the California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirement on “public works” and “maintenance” projects. Since the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by Prevailing Wage Laws and since the total compensations is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement/Contact. Contact shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the City Council 16 – 23 6/3/2025
CITY OF SANTA ANA
19 MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 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.
B. DIR REGISTRATION
This project is a public work and subject to the following: No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors are further cautioned that certified payrolls shall be submitted electronically directly to the Department of Industrial Relations.
C. CAL-OSHA VEHICLE REGULATION
All vehicles must meet California Motor Vehicle and Cal-OSHA regulations and all other applicable codes required for vehicle use on the roads or highways in the state of California.
D. QUALITY ASSURANCE
Contractor shall provide laborers and supervisors who are thoroughly familiar with the type of construction involved and materials and techniques specified.
E. CONSTRUCTION WASTE MANAGEMENT
Contractor shall keep work areas clean and free from any debris, rubbish, hazardous waste and non-usable material resulting from the work under this Contract and shall be disposed of at the completion of each work day by the Contractor. Hazardous waste must be disposed of in accordance with the Resource Conservation and Recovery Act and all other applicable federal, state, and local laws and regulations.
F. CHEMICALS
Handling and delivery of all materials must comply with all local, State, and Federal safety regulations and must maintain appropriate hazardous material transportation and handling certifications and licensing as applicable.
G. SAFETY PROGRAM REQUIREMENTS
Work Site Safety shall be as defined by the Standard Specifications and these special provisions:
Contractor shall be solely responsible for ensuring that all work performed under the contract is performed in strict compliance with all applicable Federal, State and local occupational safety regulations. Consultant/Contractor shall provide at its expense all safeguards, safety devices and protective equipment, and shall take any and all actions appropriate to providing a safe Project site.
The following is required in addition to the requirements of the Standard Specification:
a. Contractor shall train all employees, or subcontractor personnel in the work practices necessary to safely perform his or her job.
City Council 16 – 24 6/3/2025
CITY OF SANTA ANA
20 MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 b. Contractor shall identify all known potential hazards related to the work performed and train all employees and subcontractor personnel on how to handle the potential hazards.
c. Contractor, their employees and subcontractors shall follow all safety rules and safe work practices.
d. Contractor will immediately notify the City of any significant and/or unusual hazards found during the course of work.
e. Contractor shall submit copies of Safety Data Sheets (SDS) for all hazardous materials to be utilized on site in the performance of work. f. Contractor is solely responsible for the legal disposal of hazardous waste generated in the performance of their work.
Safety Indemnification: To the extent allowed by law, the Contractor agrees to defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all investigations, complaints, citations, liability, expense (including defense costs and legal fees), claims and/or causes of action for damages of any nature whatsoever, including but not limited to injury or death to employees of the Contractor, its subcontractors or City, attributable to any alleged act or omission of the Contractor or its subcontractors which is in violation of any Cal OSHA regulation. The obligation to defend, indemnify and hold harmless includes all investigations and proceedings associated with purported violations of Section 336.10 of Title 8 of the California Code of Regulations pertaining to multi-employer work sites. The City may deduct from any payment otherwise due the Contractor any costs incurred or anticipated to be incurred by the Agency, including legal fees and staff costs, associated with any investigation or enforcement proceedings brought by Cal OSHA arising out of the assigned work.
H. OTHER SAFETY REQUIREMENTS
Contractor shall take all reasonable precautions, as directed by the City, or in the absence of such direction, in accordance with sound industrial practices, to safeguard and protect City property and adjacent property. Damages to properties caused by Contractor’s negligence shall be repaired at no cost (both labor and material) to the City.
Contractor is responsible for advising and ensuring compliance by Contractor’s employees with all applicable environmental and hazardous materials handling laws and regulations.
Contractor shall provide City a full report of damage to City property and/or equipment by Contractor’s employees. All damage reports shall be submitted to the Site Coordinator within twenty-four (24) hours of occurrence.
Contractor shall provide, erect, and maintain all warning devices (i.e., barricades, cones, etc.) as required or necessary to ensure the safety of the public, City, and Contractor’s employees.
I. SPILL LIABILITY
The City does not assume liability for spills or other releases of hazardous wastes which are caused by the negligence of the contractor once hazardous waste materials are in the possession of the contractor or transported off site.
J. RECORDKEEPING AND REPORTS
City Council 16 – 25 6/3/2025
CITY OF SANTA ANA
21 MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 Contractor is required to provide upon request, detailed data and information required by the City. Information may include: generator EPA ID, contractor EPA ID, generator name, waste description, manifest number and line number, date waste shipped, disposal and recycling facilities utilized, final disposal method utilized, quantity shipped (pounds), waste profile number, and any additional information requested.
All records and reports shall be available in electronic (including Excel, Word, and PDF Format) and hard copy format at all times during the term of the contract.
XIV. AWARD OF AGREEMENT
Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful negotiation of final contract terms.
A. EXECUTION OF AGREEMENT
A standard agreement is included as EXHIBIT II Sample Agreement of this RFP. “Proposer” will hereinafter be referred to as “Consultant” or “Contractor” in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved.
XV. 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.
City Council 16 – 26 6/3/2025
CITY OF SANTA ANA
22 MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 Contractor shall perform services as set forth below and furnish all labor, equipment, materials, and supervision to perform landscape maintenance as described herein including, but no limited to, the following:
I. GENERAL REQUIREMENTS
1. Compliance with Applicable Laws and Regulations
a. Contractor shall perform all requirements under and in strict observance of and compliance with all applicable laws, regulations, ordinances, codes and any other legislative or statutory requirements.
b. Contractor warrants that the performance of services under this contract shall be compliant with the current requirements of the Occupational Safety and Health Act (OSHA) and as it may be amended or updated throughout the term of thiscontract.
2. All locations and quantities are subject to change at any time in order to respond to unforeseen situations that may arise.
a. City will provide Contractor with as much advance notice as reasonably possible to allow Contractor to adjust schedules and workforces accordingly.
3. Oversee workforces to ensure that work is being performed with all due diligence, quickly, and thoroughly and for all the designated work area.
4. Perform scheduled and random checks with Project Manager or designee to ensure that all work is being performed satisfactorily.
5. Provide courteous interaction, direction, information, and referrals to all visitors, property owners, Police Officers, other City employees, or related agencies.
6. Anticipated Service Levels
a. Provide the required number of laborers, technicians, supervisors, and workers as specified below and throughout these specifications.
i. The City has determined these are the required staffing levels necessary to accomplish all of the work requirements within the allotted hours as indicated in the specifications.
b. Provide four (4) crews (12 laborers) each day (Monday – Friday) for scheduled work.
i. Contractor shall provide two (2) Irrigation Technicians as well as to conduct daily maintenance, troubleshooting, repairs and necessary work to ensure
EXHIBIT I
SCOPE OF SERVICES
City Council 16 – 27 6/3/2025
CITY OF SANTA ANA
23 MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 irrigation systems are operating properly.
c. From time-to-time and site-to-site, more workers will be needed and Contractor must provide additional workers at the rates stated in Attachment A for services requested by the Project Manager or his/her designee.
d. City reserves the right to adjust the staffing levels based on the available budget allocated each year as part of the City’s annual budget process.
II. LANDSCAPE MAINTENANCE CREWS
1. Landscape Maintenance Crews shall be responsible to clean and maintain medians by removing weeds, trash, debris, mowing were applicable and other associated landscaping duties in order to maintain medians in a clean and attractive state.
2. Contractor to provide four (4) Crews as follows:
Crew size = Three (3) Laborers (12 laborers total)
3. Provide the necessary labor, materials and equipment to remove weeds from all medians, linear parks, sidewalk areas, planters, and public lots.
4. Provide the crews daily. The assignments may change during the day to respond to urgent requests.
a. Homeless camp debris removal may occur several times a week.
5. Remove by hand or mechanical means, all weeds from medians, sidewalk and street curb joint.
6. Remove the trash encountered in areas immediately adjacent to street medians including gutters, storm drains, culverts, and bike lanes.
7. Maintain and clean the tree wells to enhance appearance and cleanliness of City parkway tree wells by removing weeds and litter.
8. Remove all unwanted natural or environmental materials, including, but not limited to:
a. Bio-waste,
b. Hypodermic needles,
c. Dirt,
d. Silt,
e. Feces,
f. Soot, and
g. Weeds
9. Clean, cut, clear, and remove weeds and remove of light-to-medium amounts of trash by using hand-held equipment like weed eaters, rakes, brooms, and leaf blowers. a. Leave no piles, or residue with rake marks.
b. Sidewalk surface shall be clean of leaves, litter, and dirt.
City Council 16 – 28 6/3/2025
CITY OF SANTA ANA
24 MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058
10. Crew must be self-directed and report directly to the main office of Contractor.
11. Crew must be “on-call” and carry a dedicated cell phone and be available during normal business hours on all workdays.
12. 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.
13. All trash and debris shall be removed from all worksites the same day.
14. The Contractor shall rake, hand remove, or vacuum leaves that are not absorbed by planting.
a. 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 Projects Manager or designee.
15. After heavy windstorms, the entire contract area shall be cleaned of litter, fallen branches, etc.
a. Contractor shall respond to calls from Projects Manager or designee immediately. b. Contractor shall patrol all areas during heavy windstorms for trees down, fallen branches, hanging branches, debris, and other potential hazards.
16. 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. a. Tree wells shall be maintained weed free.
17. Additional duties that may be required of the Median Crew may include the following:
a. Clear catch basins during winter rain and storms,
b. Fill sandbags,
c. Remove extra trash and debris generated by special events, d. Remove litter and vegetation at City-owned parcels,
e. Remove homeless camp debris, and
f. Assist street sweepers in debris removal during weather events, such as wind or rain.
III. IRRIGATION TECHNICIAN
1. Provide two (2) Irrigation Technicians to perform daily inspections and routine irrigation systems repairs.
2. The Irrigation Technician shall physically inspect (by manual or semi-automatically running the Controller) the operation of all systems weekly. a. The Irrigation Technician 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:
i. Adjustment of heads or inserts, or
ii. Replacing of inserts, etc., to prevent excessive over spray/runoff into street right-of-ways or other areas not intended to receive irrigation over City Council 16 – 29 6/3/2025
CITY OF SANTA ANA
25 MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 spray/runoff
b. A visual inspection of all irrigated areas shall occur, more often, but not less than one time per week.
i. All areas receiving marginal coverage shall be irrigated by a portable irrigation method. The Irrigation Technician shall furnish all hoses, nozzles, sprinklers, etc., necessary to accomplish this supplementary irrigation. ii. Care shall be exercised to prevent waste of water, erosion, and/or detrimental seepage into existing underground improvements or structures
3. The Irrigation Technician 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 Projects Manager or designee.
a. When the Projects Manager or designee acknowledges the necessity to turn on the water once again, all controllers shall be activated within twenty-four (24) hours. b. After 24 hours, the Projects Manager or designee at his discretion may elect to activate the controllers with City forces and deduct estimated time plus overhead from the Contractor’s monthly invoice.
4. Contractor shall submit a monthly irrigation report to the Projects Manager or designee.
a. The report shall be of the format required by the Projects Manager or designee and shall include, but not be limited to:
i. Controller location,
ii. Address, type of controller,
iii. Number of stations,
iv. Schedule, and run times for each station, turf, ground cover or shrub irrigation,
v. Condition of site, and
vi. Repairs made for each station.
5. Irrigation Technician shall maintain a log at each controller location.
6. Irrigation Technician shall provide efficient use of water at all times. a. The controllers shall be programmed and monitored to maintain adequate moisture, optimal for growth and appearance, while eliminating excessive runoff. i. Adequate soil moisture shall be determined by:
1. Visual observation, plant resiliency, and turgidity,
2. Rxamining cores removed by soil probe,
3. Moisture sensing devices, and
4. Programming irrigation controllers accordingly
ii. Considerations must be given to:
1. Soil texture,
2. Structure,
3. Porosity,
4. Water holding capacity,
City Council 16 – 30 6/3/2025
CITY OF SANTA ANA
26 MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058
5. Drainage,
6. Compaction,
7. Precipitation rate,
8. Runoff,
9. Infiltration rate,
10. Percolation rate,
11. Evapotranspiration,
12. Seasonal temperatures,
13. Prevailing wind condition,
14. Time of day or night,
15. Type of plant and root structure
7. Irrigation Technician shall be responsible for and bear the cost of service and repair to all irrigation components from the remote control valve, downstream (including the remote control valve).
a. The responsibility includes, but is not limited to:
i. The remote control valve,
ii. Flow sensors,
iii. Lateral lines,
iv. Fittings,
v. Risers,
vi. All sprinkler heads, and
vii. Drip irrigation components
8. Monitoring Systems: Irrigation Technician shall weekly inspect the irrigation systems for broken and clogged heads, malfunctioning or leaking valves, or any other condition, which hampers the correct operation of the system.
a. Authorization must be obtained from the Project Manager or designee 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 Project Manager or designee’s satisfaction.
b. Each irrigation controller(s) and system shall be checked weekly for proper water scheduling and coverage.
c. Make all necessary adjustments to heads, which throw onto roadways, walkways, windows, or out of intended area of coverage.
d. Irrigation Technician shall clean and adjust sprinkler heads as needed for proper coverage.
e. Each system shall be manually operated at the irrigation controller and observed on a bi-monthly basis.
f. Controllers shall be programmed to water during nighttime hours between approximately midnight and 7:00 a.m.
i. No watering shall occur during the daytime unless associated with irrigation check/repairs or with prior approval by the Projects Manager or designee.
9. Irrigation Technician shall provide irrigation personnel fully trained in all phases of landscape irrigation systems operation, maintenance, adjustment, and repair. a. This is to include:
i. Diagnosis and repair of controllers,
City Council 16 – 31 6/3/2025
CITY OF SANTA ANA
27 MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 ii. Valve wires,
iii. Control valves,
iv. Lateral lines,
v. Gate valves,
vi. Main lines,
vii. Strainers,
viii. Pressure regulators,
ix. Backflow devices,
x. Moisture sensors,
xi. Master valves, and
xii. Electric pedestals.
b. Irrigation Technician shall maintain an adequate stock of medium and high usage items for repair of all irrigation systems.
10. Automatic controllers and/or enclosures shall be locked while unattended.
11. All controller enclosures must be painted in approved colors, as needed, to prevent rusting and maintain good appearance.
a. System Maintenance: Once a year during the month of March, Irrigation Technician shall:
i. Wipe down the equipment in the irrigation controller cabinet to remove all dust and dirt,
ii. Clean all electrical connections,
iii. Install bait traps for control of ants,
iv. Replace batteries as required,
v. Clean and remove intruding soil in valve boxes and
vi. Replace gravel, as originally specified
12. 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. a. Workmanship shall be performed in accordance with industry standards.
13. Irrigation Technician shall be responsible for regular monitoring of all systems and correcting for:
a. Coverage,
b. Adjustment, and
c. Clogging of lines and other sprinkler components.
14. 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.
a. A written irrigation tracking sheet indicating the system location, date inspected, and watering schedule shall be submitted to the Projects Manager or designee at the end of each week.
15. Irrigation Technician shall observe and note deficiencies occurring from the original design of facilities and review these findings with the Projects Manager or designee so necessary improvements can be considered.
City Council 16 – 32 6/3/2025
CITY OF SANTA ANA
28 MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058
16. All leaking or defective piping, valves, or other system components shall be repaired within twenty-four (24) hours of detection.
17. Contractor will keep system in operation by valve or head adjustment to keep all systems operating at manufacturer’s recommended operating pressure. a. This shall be accomplished by valve throttling pressure gaging. i. The valves should be throttled to prevent sprinkler heads from fogging, allowing droplets for effective watering.
b. The Projects Manager or designee may request a coverage test to evaluate proper settings, timing, usage, or maintenance of system
18. Contractor shall be responsible for periodic inspection of surface drains located within the landscaped areas.
a. These drains shall be checked to assure proper functioning. b. Remove any debris or vegetation that might accumulate at the inlet and prevent proper flow of water
IV. TRASH REMOVAL AND DISPOSAL:
1. The trash likely to be encountered during the course of cleaning includes but is not limited to:
a. Litter,
b. Trash,
c. Bio-waste and hypodermic needles,
d. Plastic and cardboard containers,
e. Plywood,
f. Wsed lumber,
g. Discarded furniture, and
h. Small appliances, toys and other household items
2. Remove and dispose of items listed above according to all applicable laws, codes, and requirements.
3. Note that trash removal is incidental to weed removal by either crew. It is included so that the areas looks clean after the weed removal work is completed.
4. Trash removal and disposal will be at the Contractors expense and must be included in the hourly price.
V. OPTIONAL AS-NEEDED: WEED ABATEMENT , DEBRIS REMOVAL , WEED SPRAYING
SERVICES
1. Crew Size: varies depending on need; City estimates, but does not guarantee or imply guarenteed hours per year for City-requested optional as-needed services.
2. All property (lots, channels, easements, alleys) designated by the City Projects Manager or Inspector and assigned to the contractor for weed abatement and cleaning City Council 16 – 33 6/3/2025
CITY OF SANTA ANA
29 MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 shall be thoroughly cleaned of all weeds, grass, noxious growth, tree volunteers/shooters, trash, and rubbish in the following manner:
a. These as needed cleaning and services will be compensated at the regular hourly rate on the appropriate Price List item.
i. All associated debris will be disposed of by Contractor and billed as an appropriate line item.
b. All vegetation (weeds, grass) shall be cut or mowed to a height of not more than two (2) inches above the ground.
i. Vegetation cut or mowed shall be removed from the site. c. Trees with low hanging branches shall be trimmed to allow 7 feet of vertical clearance, as needed.
d. Trees, hedges, bushes and/or vines shall be trimmed back to property line as to not obstruct the public right of way, as needed.
e. City will issue a work order request for such work to be performed. f. Erosion control wattles (devices made of straw or wood) installed around the perimeter of fenced properties, shall be removed to allow for proper cleaning along the interior and exterior of the fence line.
i. Once cleaning is completed, Contractor shall replace wattles along the interior perimeter of the lot or as directed to by Projects Manager g. Removal and disposal of trash shall be billed as a separate line item. Pricing must be included in Attachment A.
i. These services include, but are not limited to:
1. Removal of litter, vegetation, weeds, and construction debris
2. Clear catch basins during winter rain and storms
3. Fill sandbags
4. Removal of homeless camp debris and rubbish.
h. Contractor shall have the physical and technical ability, and sufficient staff to provide weed control and pesticide spraying as required by City. i. Weed and pesticide spraying shall be performed in accordance with all applicable state and local regulations and laws.
ii. Weed and pesticide spraying shall be charged to the City according to pricing in Attachment A. Pricing shall include all labor and material costs.
VI. OTHER PROVISIONS/ REQUIREMENTS
1. Contractor Data Entry for Maintenance Work
a. The City uses a public reporting APP (mySantaAna), or other designated APP, to record all work performed.
b. The Contractor will be required to utilize the City’s computerized system (APP), or other system, to record ALL maintenance work performed for this contract. c. The City will provide training and instruction to the Contractor on the use of the APP.
d. The Contractor will be required to obtain a cellular/Wi-Fi enabled electronic device, City Council 16 – 34 6/3/2025
CITY OF SANTA ANA
30 MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 cellular phone for each crew, to perform the required data entry in the field. i. The Contractor will be solely responsible for maintaining the device in working order to complete the required data entry for the City. e. The Contractor will be required to obtain a cellular internet data plancost using one of the following carriers:
i. AT&T wireless,
ii. Verizon,
iii. T-Mobile or
iv. Sprint
2. Maintenance Function Checklist and Reports
a. Daily Attendance Sign in Sheet: Provided by the Contractor on a daily basis by 7:30 am, including the signatures of each laborer and crew assignment, date, and hours to be worked.
i. Contractor shall update the hours worked if any laborer leaves early. b. Daily Work Report: Prepared by Contractor on a daily basis and specifies the work performed; date performed; and labor, materials and supplies used, and amount of trash and debris collected (measurement method to be agreed upon).
c. Weekly Report
i. Due: Monday of every week
ii. Contents: Ensure that the report contains all the required and approved content, which may include, but not limited to:
1. Description of work completed
2. Description of the actual inspection, observation, repair and/or maintenance of landscaping, signage, lighting, streetscape, and graffiti
d. Report Guidelines:
i. Submit records in the time required, in the method required, and on the forms required.
ii. Include any pertinent information or backup documentation with your reports.
iii. Monthly payment will not be made until reports are received by City. e. Documentation
i. Digital Photo Sampler Report
1. Take a series of before-and-after photos of items, areas, or incidents that Contractor responds to as specified by City.
2. Maintain these photos electronically and make them available for inspection by City at any time.
3. Identify photos by location, description, etc. before or after, date and time of photo taken.
3. Meetings
a. General Guidelines
City Council 16 – 35 6/3/2025
CITY OF SANTA ANA
31 MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 i. Document all meetings and ensure corresponding action list is generated, initiated, and completed by the time required.
b. Attendees
i. Project Manager and/or designee and Contract Supervisor must attend meetings, in person, with the Public Works management team. c. Operational Meetings
i. Purpose: To address issues regarding:
1. Upcoming events,
2. Blackout dates,
3. Scheduling; and
4. Other issues of concern
ii. Held on: Third Thursday of every month or as specified iii. Location: 220 S. Daisy, Santa Ana, CA 92703
d. Service Level Inspections
i. Provide an English-speaking Contract Supervisor to tour the contracted area with the Project Manager or his/her designee twice a month to determine compliance with the specifications and to discuss required work. ii. Contractor's Supervisor must be authorized to sign documents and/or effect changes to the work being performed.
4. Contractor Employees
a. Regarding all Contractor Employees:
i. Ensure that all Contractor employees performing work in conjunction with this project are always courteous, professional, competent, and do not cause any undue disturbances.
ii. Ensure any employee who is determined by the Project Manager or his/her designee to be incompetent, working inefficiently, disorderly, intemperate or otherwise objectionable is immediately removed from work under this agreement and replaced with a satisfactory replacement. iii. The City of Santa Ana is committed to a safe workplace. The Project Manager or his/her designee may direct Contract Supervisor to immediately remove any worker who is unfit for duty.
iv. Employees must present a neat, well-groomed appearance at all times. v. Perform the work while minimizing disturbance to the citizens, residences, and businesses.
vi. Workers must have basic knowledge, experience, skills and abilities in general labor, custodial maintenance, landscaping maintenance, cleaning, trash handling, landscape care and street safety procedures to perform the scope of work requirements in accordance with the specifications at all times.
1. Workers who do not demonstrate these capabilities shall be replaced at the request of the Project Manager or his/her designee.
5. Contract Supervisors and Laborers
a. Provide an English-speaking Contract supervisor and laborers who are fully trained and knowledgeable in all aspects of these requirements:
City Council 16 – 36 6/3/2025
CITY OF SANTA ANA
32 MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 i. Equipped with a working, fully-charged cellular phone, capable of taking and sending photos and emails, to enable immediate contact with Project Manager and/or designee.
b. Contract Supervisor and laborers must demonstrate skills including, but not limited to the following:
i. Basic principles of supervision, directing, planning, controlling, training and appropriate safety procedures.
ii. Contract Supervisor must be able to tour the Area with a Project Manager or his/her designee on an as-needed basis for the purpose of determining compliance with these specifications or to discuss required work. iii. Contract Supervisor is responsible for ensuring the crews are accomplishing the scheduled work per the specifications.
6. Uniform and Safety Vests
a. Pay for and bear the maintenance cost of uniforms for all employees working on the project.
i. The uniforms must bear Contractor’s company name.
b. The uniform must be worn as a complete unit and be fitted properly. ii. The uniform must be maintained in a clean and neat order with no rips, tears, or permanent stains present.
c. Must wear identification and appropriate safety vest at all times, which must be furnished by the Contractor.
7. Vehicles and Equipment
a. Ensure that all contractor vehicles and equipment used in performing work in conjunction with this project are:
i. Mechanically and operationally sound;
ii. Have well-maintained exteriors;
iii. Clean;
iv. Have well-organized tool racks;
v. Bear Contractor’s company name, which is to be visible on both sides of the vehicle;
vi. Have current California registrations and licenses
b. City of Santa Ana Public Works Agency authorized contractors will be required to have identification signage on all vehicles at all times while working in an official capacity for the City.
i. Such signage shall be of a professional manner and maintained neat in appearance, free of graffiti, easily identifiable and in sound condition. ii. All costs associated with the fabrication of such signage shall be borne by the contractor. Contact City Staff prior to ordering.
Signage Type and Material Shall Be:
• Plastic with Magnetic Backing. Painted on Vehicle or similar (Taped Signs Not allowed).
City Council 16 – 37 6/3/2025
CITY OF SANTA ANA
33 MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 Such Signage Shall State:
Authorized Contractor
City of Santa Ana
Public Works Agency
and
• Name of Contractor and Contractor Telephone Number
Signage Letter Minimum Size:
• 2-inches for: Authorized Contractor
City of Santa Ana
Public Works Agency
• 1-inch for all other information
c. Vehicles must have 360-degree operational warning lights or traffic notification light bars.
d. Have a suitable stake side compactor truck or trailer for hauling weeds, rubbish, and brush. Trucks should have sufficient capacity to minimize trips and maximize productivity; (typically a 2-ton capacity). The truck hall be equipped with an arrow board for lane closures.
e. Provide power and hand tools of sufficient quantity and quality to handle the job as specified. Examples of such tools are string trimmers (weed eaters), brush cutters, catch bags, sod cutters, loppers, handsaws, and various hand tools. f. Provide and assure usage of appropriate safety equipment as required by Cal/OSHA for all hand crews, including, but not limited to hearing protection, dust masks, helmets, boots, gloves, goggles, chaps, shin guards). g. Replace immediately, any equipment that does not meet the foregoing as may be determined by Project Manager and/or designee’s sole discretion. h. Ensure that all crews, equipment, and trash are secure in vehicles at all times.
8. Place of Business
a. Maintain an office at a fixed location corresponding to current business license. b. Maintain an assigned telephone number under Contractor’s personal name or the legal company name.
9. Traffic Controls
a. Maintain clear ingress and egress areas, sidewalks, vehicle travel lanes, driveways, and the like at all times unless immediate work prohibits such clearance
b. Inspect and identify any condition(s) that renders any portion of the areas under maintenance unsafe, as well as any unsafe practices occurring thereon and keep a log indicating date inspected and action taken.
c. Notify the Project Manager or his/her designee immediately of any unsafe condition that requires major correction.
d. Cooperate fully with City in the investigation of any accidental injury or death occurring on the designated work areas, including a complete written report thereof to the Project Manager or his/her designee within five (5) days following the occurrence.
City Council 16 – 38 6/3/2025
CITY OF SANTA ANA
34 MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 e. Most work should be performed without obstructing the flow of traffic whenever possible.
i. If lane closure is required, abide by WATCH manual.
10. Performance during inclement weather
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.
a. Contractor shall stake and re-tie trees as required. b. Drains shall be checked and cleaned as necessary.
c. Contractor shall remove all branches and debris resulting from inclement weather.
d. Contractor may be required to perform additional clean-up tasks due to inclement weather.
11. Recycling
a. 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.
i. Organic waste cannot be taken to the landfill.
b. 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 Projects Manager or designee in a monthly written report and an annual written report.
12. Disposal
a. At least 100% of all landscape debris will be disposed of through a landscape material recycling center or reused in some manner.
i. The Contractor shall dispose of all cuttings, weeds, leaves, trash, and other debris from the operation as work progresses.
ii. The City shall not be responsible for the disposal. C iii. ontractor shall pay all disposal fees and provide documentation evidence of recycling to include location, tonnage, etc. on a monthly basis to the City. iv. Contractor shall dispose of all trash and debris.
v. Contractor shall dispose of all landscape debris through a landscape material recycling center.
vi. Contractor shall pay all disposal fees and submit a copy of receipt as part of the landscape monthly reports.
b. At no time is the Contractor permitted to use City dumpsters.
13. Damage Repair
a. All damage incurred by the Contractor’s operations shall be repaired or replaced in kind and size at the Contractor’s expense.
b. Irrigation repairs shall be completed within twenty-four (24) hours using approved materials.
c. Non-irrigation repairs shall be completed within seven (7) working days and shall be repaired using only pre-approved materials.
City Council 16 – 39 6/3/2025
CITY OF SANTA ANA
35 MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058
14. Vandalism
a. Contractor shall be responsible for the labor to repair damaged landscaping caused by vandalism or vehicle accidents with material costs to be reimbursed by City.
i. The Contractor shall submit invoicing to establish cost of materials.
15. Holidays
City Observed Holidays
a. The designated Contractor holidays for this contract shall be:
i. New Year's Day
ii. Martin Luther King Jr. Day
iii. President's Day
iv. Cesar Chavez Day
v. Memorial Day
vi. Independence Day
vii. Labor Day
viii. Veteran's Day
ix. Thanksgiving Day Holidays
x. Christmas Day Holidays
16. Penalties and Fines
a. Failure to comply with specifications of contract or requests from the Projects Manager or designee and/or creating unnecessary delays, as determined by the Projects Manager or designee, may be cause for fines and penalties in the table below until said request(s) is completed.
i. This shall be deducted from routine monthly maintenance payments.
Table: Liquidated Damages
LN VIOLATION Amount
1 Failure to perform required/scheduled work: missed or late, in correct number of workers per contract, missed meetings without prior notification.
$100.00 per
occurrence per day
2 Safety violation and/or failure by Contractor to comply with the most current Work Area Traffic Control Manual (W.A.T.C.H.) $200.00 per
occurrence
3 Failure to remove any significant amount of litter/debris (generated by crews) from work site same day as
generated.
$200.00 per
occurrence
4 Blowing or sweeping debris onto private property, public streets, parking lots or into storm drains.
$200.00 per
occurrence
5 Failure to provide reports, schedules and other deliverables without notice and agreement by CR.
$100.00 per
occurrence
City Council 16 – 40 6/3/2025
CITY OF SANTA ANA
36 MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058
17. Maintenance Frequency Schedule
FUNCTION FREQUENCY
Turf Maintenance
Mowing Once/Week
Edging Once/Week
Clipping Removal Once/Week
String Trimming Once/Week
Pest and Weed Control Weekly
Visual Inspection Weekly
Chemical Weed Control As needed
Debris Removal Once/Week
Ground Cover Maintenance
Trim Monthly
Pest and Weed Control Weekly
Visual Inspection Once/Week
Debris Removal Once/Week
Shrub, Vine and Tree Maintenance
Trim Shrubs Monthly or sooner if
needed
Trim Vines Four (4) times a year
Visual Inspection Once/Week
Debris Removal Once/Week
Hardscape Maintenance Weekly
Median with no/turf planting Weekly
Debris Removal Once/Week
Grounds Policing/Litter Removal Once/Week
All other Areas Every week
City Council 16 – 41 6/3/2025
CITY OF SANTA ANA
37 MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058
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 I, 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 three (3) year term with the option for the City to grant up to a two (2) 1-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
EXHIBIT II
SAMPLE AGREEMENT
City Council 16 – 42 6/3/2025
CITY OF SANTA ANA
MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 38 Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services.
Consultant shall pay all salaries and wages, employer's social 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
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.
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence.
If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
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 for bodily injury or disease.
City Council 16 – 43 6/3/2025
CITY OF SANTA ANA
MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 39 4. Professional Liability (Errors and Omissions): Insurance appropriate to the Contractor’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
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. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M.
Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Claims Made Policies
If any of the required policies provide claims-made coverage:
City Council 16 – 44 6/3/2025
CITY OF SANTA ANA
MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 40 1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The 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.
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.
City Council 16 – 45 6/3/2025
CITY OF SANTA ANA
MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 41 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 City Council 16 – 46 6/3/2025
CITY OF SANTA ANA
MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 42 the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination.
In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all City Council 16 – 47 6/3/2025
CITY OF SANTA ANA
MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 43 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 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:
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, First & Last Name
Title
Consultant Firm Name
Address
City, State, Zip
Fax:
City Council 16 – 48 6/3/2025
CITY OF SANTA ANA
MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 44 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. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement.
This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement.
c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
Jennifer L. Hall Alvaro Nuñez
City Clerk City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONSULTANT:
City Attorney
By:
Assistant City Attorney
Tax ID#
RECOMMENDED FOR APPROVAL:
Executive Director
[INSERT] Agency
(name)
(title)
City Council 16 – 49 6/3/2025
CITY OF SANTA ANA
MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 45 CODE WORKSITE LOCATION WEEDED TRIMMED BLOWN TRASH SIDEWK MOWED MEDIAN MACARTHUR BLVD. 55 FWY TO FLOWER Y Y Y Y Y N/A
PLANTER/IVY/SDWK MACARTHUR BLVD. MAIN TO FLOWER NORTH SIDE Y Y Y Y Y N/A PLANTER/IVY/SDWK MACARTHUR BLVD. MAIN TO FLOWER SOUTH SIDE Y Y Y Y Y N/A
MEDIAN SEGERSTROM FLOWER TO GREENVILLE Y Y Y Y Y N/A
MEDIAN SEGERSTROM SHELTON TO BRISTOL NORTH SIDE Y N/A Y Y Y N/A
MEDIAN SEGERSTROM HARBOR TO SANTA ANA RIVER Y Y Y Y Y N/A
PLANTER/ IVY SEGERSTROM GREENVILLE NORTH EAST CORNER Y Y Y Y Y N/A
MEDIAN DYER REDHILL TO FLOWER Y Y Y Y Y N/A
PLANTER/IVY/SDWK MAIN STREET SUNFLOWER TO NORTH OF MUPHY Y Y Y Y Y N/A
PLANTER/IVY/SDWK SUNFLOWER MAIN TO ROSS NORTH SIDE Y Y Y Y Y N/A
MEDIAN MAIN ST SUNFLOWER TO COLUMBINE Y Y Y Y Y N/A
MEDIAN GRAND AVE DYER ROAD TO HOTEL TERRANCE Y Y Y Y N/A N/A MEDIAN MACARTHUR BLVD. FLOWER TO FAIRVIEW Y Y Y Y Y N/A MEDIAN MACARTHUR BLVD. RXR WEST OF SUSAN TO HARBOR Y Y Y Y Y N/A MEDIAN HARBOR BLVD. MACARTHUR TO SEGERSTROM Y Y Y Y Y N/A
MEDIAN BRISTOL ST SUNFLOWER TO ALTON Y Y Y Y Y N/A
MEDIAN PLAZA DR. SUNFLOWER TO MACARTHUR Y Y Y Y Y N/A
MEDIAN BEAR ST. SUNFLOWER TO SEGERSTROM Y Y Y Y Y N/A
SIDEWALK BEAR ST. SEGERSTROM TO ALTON WEST SIDE Y Y Y Y Y N/A
MEDIAN RAITT ST SUNFLOWER TO MACARTHUR Y N/A Y Y Y N/A
MEDIAN FAIRVIEW ST. SUNFLOWER TO SEGERSTROM Y N/A Y Y Y N/A SIDEWALK FAIRVIEW ST. SUNFLOWER TO MACARTHUR EAST SIDE Y N/A Y Y Y N/A
MEDIAN MAIN ST WARNER TO BROADWAY PL Y Y Y Y Y N/A
MEDIAN MAIN ST OCCIDENTAL TO POMONA Y Y Y Y Y N/A
MEDIAN MAIN ST OXFORD TO MCFADDEN Y Y Y Y Y N/A
MEDIAN MAIN ST MYRTLE TO CHESTNUT Y Y Y Y Y N/A
MEDIAN MAIN ST PINE TO 1ST STREET Y Y Y Y Y N/A
PLANTER/SIDEWALK MAIN ST WARNER TO 1ST STREET Y Y Y Y Y N/A
MEDIAN MAIN ST RUSSELL TO MCFADDEN AVE Y Y Y Y Y N/A
MEDIAN MCFADDEN AVE ORANGE TO MAIN Y Y Y Y N/A N/A
MEDIAN MCFADDEN AVE SUSAN TO DENNIS Y Y Y Y N/A N/A
PLANTER ALTON PKWY BEAR TO S SUSAN ST Y Y Y Y Y N/A
MEDIAN RAITT ST ADAMS ST - WARNER AV EAST SIDE Y Y Y Y Y N/A
PARKWAY RAITT ST MCFADDEN TO EDINGER - E/S Y Y Y Y N/A N/A LINEAR PARK LINCOLN 5 FWY TO 17TH STREET Y Y Y Y N/A N/A PLANTER LINCOLN 17TH TO FAIRVIEW Y Y Y Y Y N/A
MONDAY
STREET MEDIANS AND ADJACENT AREAS/AMENITIES
EXHIBIT III
MAINTENANCE SCHEDULES, MAPS, LOCATIONS
City Council 16 – 50 6/3/2025
CITY OF SANTA ANA
MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 46 CODE WORKSITE LOCATION WEEDED TRIMMED BLOWN TRASH SIDEWK MOWED
MEDIAN WARNER AVE REDHILL TO BROOKHOLLOW Y N/A Y Y Y N/A
MEDIAN WARNER AVE OLIVE TO SHELTON SOUTH SIDE Y N/A Y Y N/A N/A
MEDIAN WARNER AVE BRISTOL TO WEST OF FAIRVIEW Y Y Y Y Y N/A
MEDIAN WARNER AVE YALE TO SANTA ANA RIVER Y Y Y Y N/A N/A
MEDIAN LINDA WAY NORTH OF WARNER Y Y Y Y N/A N/A
MEDIAN ST GERTRUDE E/O RAITT Y Y Y Y N/A N/A
MEDIAN EDINGER 55 FWY TO BRISTOL Y Y Y Y N/A N/A
MEDIAN KILSON EDINGER SOUTH OF Y Y Y Y N/A N/A
MEDIAN KILSON EDINGER NORTH OF Y Y Y Y N/A N/A
MEDIAN EDINGER BROADWAY TO FLOWER SOUTH SIDE Y Y Y Y N/A N/A
MEDIAN EDINGER FLOWER TO PARK SOUTH SIDE Y Y Y Y N/A N/A
MEDIAN EDINGER PARK TO BAKER SOUTH SIDE Y Y Y Y N/A N/A
MEDIAN BROADWAY PL WEST OF MAIN Y N/A Y Y N/A N/A
MEDIAN ST ANDREW RITCHEY TO LYON Y Y Y Y N/A N/A
SDK, PKWY, LP BRISTOL ST EDINGER AVE TO 1ST EASTSIDE Y Y Y Y Y N/A SDK, PKWY, LP BRISTOL ST EDINGER AVE TO 1ST WEST SIDE Y Y Y Y Y N/A
MEDIAN FAIRVIEW EDINGER TO MCFADDEN Y Y Y Y Y N/A
MEDIAN FAIRVIEW ST. SEGERSTROM AVE TO HARVARD Y N/A Y Y N/A N/A MEDIAN FAIRVIEW ST. SOUTH OF EDINGER Y N/A Y Y N/A N/A
MEDIAN HARBOR BLVD. SEGERSTROM AVE TO SANTA ANA RIVER Y N/A Y Y N/A N/A
MEDIAN FAIRVIEW EAST SIDE PENDLETON TO HARVARD Y N Y Y N/A N
MEDIAN EDINGER KAREN TO CORTA Y Y Y Y N/A N/A
MEDIAN BRISTOL ST EDINGER AVE TO 1ST Y Y Y Y Y N/A
MEDIAN BRISTOL ST SOUTH OF EDINGER Y N/A Y Y N/A N/A
MEDIAN FAIRVIEW MCFADDEN TO WILLITS Y Y Y Y Y N/A
MEDIAN FAIRVIEW WILLITS TO 1ST STREET Y Y Y Y Y N/A
MEDIAN WILLITS SULLIVAN TO FAIRVIEW -
SIDE MEDIAN ON THE NORTH Y Y Y Y N/A N/A
TUESDAY
STREET MEDIANS AND ADJACENT AREAS/AMENITIES
City Council 16 – 51 6/3/2025
CITY OF SANTA ANA
MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 47 CODE WORKSITE LOCATION WEEDED TRIMMED BLOWN TRASH SIDEWK MOWED
MEDIAN TUSTIN AT LENITA EAST SIDE Y Y Y Y N/A Y
MEDIAN OAKMONT NORTH OF SANTA CLARA Y Y Y Y N/A Y
MEDIAN NORTH PARK BLVD. FLOWER TO BROADWAY STREET Y Y Y Y N/A Y MEDIAN FLOWER ST. 17TH ST. TO PARK Y Y Y Y N/A Y
LINEAR PARK FLOWER ST. AT SANTIAGO CREEK BRIDGE NORTH WEST Y Y Y Y N/A Y
PKWY MEMORY LANE FLOWER TO BRISTOL SOUTH SIDE Y Y Y Y Y Y
PKWY MEMORY LANE FLOWER TO WESTWOOD NORTH SIDE Y Y Y Y Y Y MEDIAN 1ST BRISTOL TO MAIN Y Y Y Y N/A N/A
MEDIAN 1ST TOWNSEND TO CENTER Y Y Y Y N/A N/A
MEDIAN 1ST SULLIVAN TO FAIRVIEW Y Y Y Y N/A N/A
MEDIAN 1ST SANTA ANA RIVER TO JACKSON Y Y Y Y Y N/A
MEDIAN 1ST W/O HARBOR Y Y Y Y N/A N/A
MEDIAN 1ST 4920 WEST Y N/A Y Y N/A N/A
IVY/PLANTER 1ST E/O SANTA ANA RIVER SOUTH SIDE Y Y Y Y Y N/A IVY/PLANTER 1ST E/O SANTA ANA RIVER NORTH SIDE Y Y Y Y Y N/A SIDEWALK 1ST SOUTH SIDE SIDEWALK OVER BRIDGE N/A N/A Y Y Y N/A SIDEWALK 1ST NORTH SIDE SIDEWALK OVER BRIDGE N/A N/A Y Y Y N/A SLOPE 1ST SOUTH EAST SIDE OF BRIDGE Y Y Y Y Y N/A
SLOPE 1ST NORTH WEST SIDE OF RIVERBED Y N/A Y Y Y N/A
MEDIAN 1ST TUSTIN TO GRAND Y Y Y Y N/A N/A
MEDIAN GRAND 1ST TO 4TH Y Y Y Y Y N/A
PKWY/SDWK GRAND 1ST TO 4TH EAST SIDE Y Y Y Y Y N/A
PKWY/SDWK GRAND 1ST TO 4TH , WEST SIDE Y Y Y Y Y N/A
MEDIAN MCFADDEN AVE MOHAWK TO HURON - SIDE MEDIAN ON THE
SOUTH Y N/A Y Y N/A N/A
MEDIAN MOHAWK MCFADDEN TO CUBBON Y Y Y Y N/A N/A
MEDIAN HIGHLAND WEST OF FAIRVVIEW Y Y Y Y N/A N/A
MEDIAN WILLITS WEST OF FAIRVVIEW - NEIGHBORHOOD ENTRY Y Y Y Y N/A N/A MEDIAN MCFADDEN AVE RITCHEY TO LYON RXR 20' Y N/A Y Y N/A N/A
MEDIAN MCCLAY GRAND EAST OF Y N/A Y Y N/A N/A
MEDIAN RITCHEY MCFADDEN TO WILSHIRE RXR 20' Y N/A Y Y N/A N/A MEDIAN CHESTNUT AT LYON 3 LOCATIONS Y N/A Y Y N/A N/A
MEDIAN LYON ST AT NORMANDY RXR 20' Y N/A Y Y N/A N/A
MEDIAN GRAND AVE AT HUNTER RXR 20' Y Y Y Y Y N/A
MEDIAN CHESTNUT AVE AT SANTA FE Y N/A Y Y N/A N/A
PLANTER LYON SOUTH WEST CORNER PLANTER Y Y Y Y N/A N/A
MEDIAN 1ST GRAND TO MAIN Y Y Y Y N/A N/A
MEDIAN CABRILLO PARK 1ST TO 4TH Y Y Y Y N/A N/A
MEDIAN TUSTIN AVE. 1400 NORTH TO 17TH ST. Y Y Y Y N/A N/A MEDIAN 4TH STREET 55 FWY TO 5 FWY Y Y Y Y N/A N/A
MEDIAN SANTA ANA BLVD GRAND TO SANTIAGO Y Y Y Y Y N/A
MEDIAN 17TH ST. 55 FWY TO CABRILLO PKWY Y Y Y Y N/A N/A
WEDNESDAY
STREET MEDIANS AND ADJACENT AREAS/AMENITIES
City Council 16 – 52 6/3/2025
CITY OF SANTA ANA
MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 48 CODE WORKSITE LOCATION WEEDED TRIMMED BLOWN TRASH SIDEWK MOWED LINEAR PARK BRISTOL STREET ST. ANDREW NORTH EAST Y Y Y Y N/A Y LINEAR PARK BRISTOL STREET ST. ANDREW NORTH WEST Y Y Y Y N/A Y
LINEAR PARK/SDWK BRISTOL STREET NORTH OF WILSHIRE/ EASTSIDE Y Y Y Y Y Y
PKWY/SDWK BRISTOL STREET EDINGER TO PINE EAST SIDE Y Y Y Y Y Y
LINEAR PARK/SDWK BRISTOL STREET ELDER TO WALNUT WEST SIDE Y Y Y Y Y Y LINEAR PARK/SDWK BRISTOL STREET PINE TO 1ST, EAST SIDE Y Y Y Y Y Y LINEAR PARK/SDWK BRISTOL STREET WALNUT TO 1ST WEST SIDE Y Y Y Y Y Y PKWY, LP SDWK BRISTOL STREET MCFADDEN TO 1ST EAST SIDE Y Y Y Y Y Y PKWY, LP SDWK BRISTOL STREET MCFADDEN TO 1ST WEST SIDE Y Y Y Y Y Y MEDIAN FLOWER STREET AT 10TH STREET Y Y Y Y Y Y
MEDIAN FLOWER STREET AT 15TH STREET Y Y Y Y Y Y
MONUMENT FLOWER STREET AT 17TH STREET Y Y Y Y Y Y
MEDIAN 17TH STREET EUCLID TO FAIRVIEW STREET Y Y Y Y N/A N/A MEDIAN 18TH STREET CABRILLO PKWY TO FLOWER Y Y Y Y N/A N/A MEDIAN BRISTOL STREET WASHIGNTON TO 17TH STREET Y Y Y Y Y N/A PKWY/ SDWK/ PLTR BRISTOL STREET WASHIGNTON TO 17TH STREET EAST SIDE Y Y Y Y Y N/A PKWY/SDWK/ PLTR BRISTOL STREET WASHIGNTON TO 17TH STREET WEST SIDE Y Y Y Y Y N/A BIKE LANE BRISTOL STREET WASHIGNTON TO 17TH STREET EAST SIDE N/A N/A Y Y N/A N/A BIKE LANE BRISTOL STREET WASHIGNTON TO 17TH STREET WEST SIDE N/A N/A Y Y N/A N/A MEDIAN BRISTOL STREET 17TH TO RIVERGLEN Y Y Y Y Y N/A
PARKWAY BRISTOL STREET EAST SIDE 17TH TO 18TH Y Y Y Y Y N/A PARKWAY BRISTOL STREET WEST SIDE N/O 17TH Y Y Y Y Y N/A MEDIAN CABRILLO PARK 4TH TO 17TH STREET Y Y Y Y N/A N/A MEDIAN GRAND AVE STAFFORD TO 14TH Y Y Y Y N/A N/A
MEDIAN SANTIAGO STREET 6TH TO SANTA ANA BLVD Y Y Y Y N/A N/A MEDIAN BROADWAY 1ST TO 3RD STREET Y Y Y Y N/A N/A
MEDIAN BROADWAY 4TH TO CIVIC CENTER DR. Y Y Y Y N/A N/A
MEDIAN CIVIC CENTER DRIVE SYCAMORE TO BROADWAY Y Y Y Y N/A N/A MEDIAN FLOWER STREET 1ST TO SANTA ANA BLVD Y Y Y Y N/A N/A MEDIAN 4TH STREET WEST OF TERMINAL RXR 20' Y N/A Y Y N/A N/A MEDIAN CABRILLO PARK DR 4TH TO 17TH STREET Y Y Y Y N/A N/A MEDIAN GRAND AVE STAFFORD TO 14TH STREET Y Y Y Y N/A N/A MEDIAN SANTIAGO STREET 6TH TO SANTA ANA BLVD Y Y Y Y N/A N/A
MEDIAN SANTA ANA BLVD AT MORTIMOR, SOUTH SIDE Y Y Y Y N/A N/A
MEDIAN SANTA ANA BLVD AT PARTON STREET Y Y Y Y N/A N/A
MEDIAN 3RD STREET AT BIRCH STREET Y Y Y Y N/A N/A
MEDIAN 4TH STREET AT SYCAMORE STREET Y Y Y Y N/A N/A
MEDIAN 5TH STREET AT SPURGEON Y Y Y Y N/A N/A
MEDIAN 17TH STREET COLLEGE AVE TO FLOWER Y Y Y Y N/A N/A
THURSDAY
STREET MEDIANS AND ADJACENT AREAS/AMENITIES
City Council 16 – 53 6/3/2025
CITY OF SANTA ANA
MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 49 CODE WORKSITE LOCATION WEEDED TRIMMED BLOWN TRASH SIDEWK MOWED
PKWY EDINGER AVE VAN NESS - SOUTH SIDE Y N/A Y Y Y Y
PKWY EDINGER AVE SOUTH SIDE AT PARK EAST AND WEST Y N/A Y Y Y Y PLANTER EDINGER AVE AT OLIVE (918 WEST EDINGER) Y Y Y Y Y Y
LINEAR PARK MCFADDEN AVE ORANGE SOUTH SIDE E/O Y Y Y Y Y Y
LINEAR PARK MCFADDEN AVE ORANGE SOUTH SIDE W/O Y Y Y Y Y Y
LINEAR PARK OLD MCFADDEN CYPRESS N/E - END OF CUL-DE-SAC Y Y Y Y Y Y
LINEAR PARK OLD MCFADDEN CYPRESS N/W - END OF CUL-DE-SAC Y Y Y Y Y Y FRWY 17TH STREET 5 FWY OFFRAMP TO 5FWY Y Y Y Y Y Y
FRWY SANTA ANA BLVD GRAND AVE ON RAMP Y Y Y Y Y Y
FRWY GRAND AVE GRAND AVE ON RAMP Y Y Y Y Y Y
FRWY PENN WAY 5 FWY OFF RAMP TO 17TH STREET Y Y Y Y Y Y MEDIAN PENN WAY 5 FWY TO 17TH Y N/A Y Y N/A Y
FREEWAY MAIN STREET 5 FWY SOUTH BOUND ON RAMP, NORTH Y Y Y Y Y Y FREEWAY MAIN STREET 6 FWY SOUTH BOUND ON RAMP, SOUTH Y Y Y Y Y Y MEDIAN BRISTOL STREET 17TH TO RIVERGLEN Y Y Y Y Y N/A
PARKWAY BRISTOL STREET EAST SIDE 17TH TO 18TH STREET Y Y Y Y Y N/A PARKWAY BRISTOL STREET WEST SIDE N/O 17TH STREET Y Y Y Y Y N/A MEDIAN HARBOR BLVD 1ST TO WESTMINSTER Y Y Y Y N/A N/A
MEDIAN BRISTOL STREET 1ST TO 10TH Y Y Y Y N/A N/A
PKWY/ SDWK/ PLTR BRISTOL STREET 1ST TO CIVIC CENTER DRIVE, EAST SIDE Y Y Y Y Y N/A PKWY/SDWK/ PLTR BRISTOL STREET 1ST TO CIVIC CENTER DRIVE, WEST SIDE Y Y Y Y Y N/A MEDIAN FAIRVIEW STREET 1ST TO NORTH OF 9TH STREET Y Y Y Y N/A N/A MEDIAN HARBOR BLVD 1111 SOUTH TO 1ST Y Y Y Y Y N/A
MEDIAN MEMORY LANE FLOWER TO WESTWOOD Y Y Y Y Y N/A
PLANTER MEMORY LANE AT LOWELL LANE (SE & SW ) Y Y Y Y N/A N/A
MEDIAN MEMORY LANE AT PACIFIC Y N/A Y Y N/A N/A
MEDIAN MEMORY LANE MEMORY LN TO RIVERGLEN LN Y Y Y Y N/A N/A MEDIAN MEMORY LANE HESPERIAN TO N/O 22 FWY Y N/A Y Y Y N/A SDWK MEMORY LANE 22 FWY TO NCL WEST SIDE Y Y Y Y Y N/A
PLANTER PARK LANE WEST OF BRISTOL STREET Y Y Y Y Y N/A
SIDEWALK BRISTOL STREET SANTIAGO CREEK TO MEMORY LANE EAST SIDE Y Y Y Y Y N/A
PLANTER FLOWER STREET NORTH CITY CLIMIT -
JUST NORTH OF ORANGE ROAD Y Y Y Y Y N/A
MEDIAN HATHAWAY NORTH OF SANTA CLARA AVENUE Y Y Y Y NA NA
MEDIAN MAIN STREET AT DISCOVERY SCIENCE CENER -
WALKE/ SANTAIGO PARK Y N/A Y Y N/A N/A
MEDIAN MAIN STREET BUFFALO TO NCL Y Y Y Y N/A N/A
MEDIAN MEMORY LANE EAST OF MAIN TO NORTH CITY LIMIT Y Y Y Y NA NA
MEDIAN PARK LN EAST OF SANTIAGO Y Y Y Y NA NA
FRIDAY
STREET MEDIANS AND ADJACENT AREAS/AMENITIES
City Council 16 – 54 6/3/2025
CITY OF SANTA ANA
MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 50 CODE WORKSITE LOCATION WEEDED TRIMMED BLOWN TRASH SIDEWK MOWED
SIDEWALK SUNFLOWER FLOWER TO STEVENS/ FLOOD CHANNEL Y N/A Y Y Y N/A
MONUMENT MACARTHUR FLOWER NORTHWEST CORNER Y Y Y Y Y N/A
MONUMENT MACARTHUR FLOWER SOUTHWEST CORNER Y Y Y Y Y N/A
SIDEWALK MACARTHUR FLOWER TO TOWNER NORTH SIDE Y N/A Y Y Y N/A
SIDEWALK MACARTHUR FLOWER TO BOMO KORAL PARK SOUTH SIDE Y N/A Y Y Y N/A
SIDEWALK MACARTHUR BEAR TO RAITT SOUTH SIDE Y N/A Y Y Y N/A
SIDEWALK MACARTHUR GRISET PARK TO GREENVILLE SOUTH SIDE Y N/A Y Y Y N/A
SIDEWALK MACARTHUR FAIRVIEW TO GREENVILLE SOUTH SIDE Y N/A Y Y Y N/A
SIDEWALK SEGERSTROM EAST AND WEST OF ROSEWOOD SOUTH SIDE Y Y Y Y Y N/A
SIDEWALK SEGERSTROM W/O BRISTOL TO GREENVILLE SOUTH SIDE Y Y Y Y Y N/A
SIDEWALK SEGERSTROM EAST OF THORTON PARK TO BRISTOL NORTH SIDE Y Y Y Y Y N/A
MONUMENT SEGERSTROM RAITT NORTH WEST CORNER Y Y Y Y Y N/A
MONUMENT SEGERSTROM DOUGLAS SOUTH EAST CORNER Y Y Y Y Y N/A
SIDEWALK SEGERSTROM HARBOR TO SANTA ANA RIVER SOUTH SIDE Y Y Y Y Y N/A
SIDEWALK SEGERSTROM SOUTHSIDE WEST OF RAITT Y Y Y Y Y N/A
SIDEWALK SEGERSTROM DOUGLAS TO RAITT NORTH SIDE Y Y Y Y Y N/A
SIDEWALK SEGERSTROM CRODDY TO SANTA ANA RIVER NORTH SIDE Y Y Y Y Y N/A
SIDEWALK SEGERSTROM RAITT TO GREENVILLE NORTH SIDE Y Y Y Y Y N/A MONDAY
RIGHT OF WAY LOCATIONS: MONUMENTS, TRAFFIC CALMING DEVICES, BIKE LANES, MISC.
City Council 16 – 55 6/3/2025
CITY OF SANTA ANA
MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 51 CODE WORKSITE LOCATION WEEDED TRIMMED BLOWN TRASH SIDEWK MOWED
SDWK WARNER BRISTOL TO FLOWER NORTH SIDE Y N/A Y Y Y N/A
SDWK WARNER PACIFIC TO FAIRVIEW SOUTH SIDE Y N/A Y Y Y N/A
SDWK WARNER RENE TO RAITT NORTH SIDE Y N/A Y Y Y N/A
SDWK WARNER CENTER TO W/O EVERGLADE NORTH SIDE Y N/A Y Y Y N/A
SDWK WARNER HARBOR TO SANTA ANA RIVER NORTH SIDE Y N/A Y Y Y N/A
SDWK WARNER HARBOR TO SANTA ANA RIVER SOUTH SIDE Y N/A Y Y Y N/A MONUMENT ST ANDREW 1237 WEST SAINT ANDREW Y Y N/A Y N/A N/A MONUMENT ST ANDREW 1238 WEST ST. ANDREW Y Y N/A Y N/A N/A
SDWK EDINGER MINNIE TO CYPRESS NORTH SIDE Y N/A Y Y Y N/A
SDWK EDINGER CEDAR TO MAPLE SOUTH SIDE Y N/A Y Y Y N/A
SIDEWALK EDINGER BROADWAY TO FLOWER NORTH SIDE Y Y Y Y Y N/A
IVY EDINGER BROADWAY TO FLOWER Y Y Y Y Y N/A
PLANTER EDINGER MAGNOLIA N/E C/O Y Y Y Y N/A N/A
SDWK EDINGER FLOWER TO MAGNOLIA NORTH SIDE Y N/A Y Y Y N/A
SIDEWALK EDINGER NEWHOPE TO GENOA NORTH SIDE Y Y Y Y Y N/A SDWK FAIRVIEW ST. HARVARD TO POMONA EAST SIDE Y N/A Y Y Y N/A SDWK FAIRVIEW ST. HARVARD TO CENTENNIAL ROAD WEST SIDE Y N/A Y Y Y N/A
SIDEWALK FAIRVIEW ST MCFADDEN TO EDINGER WEST SIDE Y Y Y Y Y N/A SIDEWALK FAIRVIEW ST EDINGER TO 1ST EAST SIDE Y Y Y Y Y N/A
PLANTER EDINGER AT MOHAWK TO SANTA ANA RIVER
(NEIGHBORHOOD ENTRANCE) Y Y Y Y Y N/A
PLANTER EDINGER AT FLOWER Y Y Y Y Y N/A
PLANTER ST ANDREW N/E BROADWAY Y Y Y Y Y N/A
PLANTER ST ANDREW S/E BROADWAY Y Y Y Y Y N/A
PLANTER SOUTH GARNSEY 2148 SOUTH GARNSEY Y Y Y Y Y N/A
T CIRCLE/BULBOUT ORANGE AT ANAHURST Y N/A Y Y N/A N/A
T CIRCLE/BULBOUT ORANGE AT OCCIDENTAL Y N/A Y Y N/A N/A
T CIRCLE/BULBOUT ORANGE AT POMONA Y N/A Y Y N/A N/A
TRAFFIC DIVERTER WARNER AT BROADWAY N/A N/A Y Y N/A N/A
TRAFFIC DIVERTER WARNER AT BIRCH N/A N/A Y Y N/A N/A
PLANTER EDINGER 302 W EDINGER Y Y Y Y Y N/A
TRAFFIC CIRCLE BUSH AT 3RD Y Y Y Y Y N/A
TRAFFIC CIRCLE BUSH AT 8TH Y Y Y Y Y N/A
T/CIRCLE/BULB OUT BUSH AT 9TH Y Y Y Y Y N/A
BULB OUTS BUSH AT 10TH Y Y Y Y Y N/A
TRAFFIC CIRCLE BUSH AT 12TH Y Y Y Y Y N/A
TRAFFIC CIRCLE BUSH AT 16TH Y Y Y Y Y N/A
TUESDAY
RIGHT OF WAY LOCATIONS: MONUMENTS, TRAFFIC CALMING DEVICES, BIKE LANES, MISC.
City Council 16 – 56 6/3/2025
CITY OF SANTA ANA
MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 52 CODE WORKSITE LOCATION WEEDED TRIMMED BLOWN TRASH SIDEWK MOWED
BIKE LANE EDINGER BRISTOL TO THE RIVERBED Y Y Y Y N/A N/A BULB OUT BISHOP 939 WEST Y Y Y Y N/A N/A
BULB OUT BISHOP ACROSS FROM 939 WEST Y Y Y Y N/A N/A
BULB OUT BISHOP 1017 WEST Y Y Y Y N/A N/A
BULB OUT BISHOP 1026 WEST Y Y Y Y N/A N/A
TRAFFIC CIRCLE BISHOP AT SHELTON Y Y Y Y N/A N/A
TRAFFIC CIRCLE BISHOP AT BAKER Y Y Y Y N/A N/A
BIKE LANE EDINGER BRISTOL TO THE RIVERBED Y Y Y Y N/A N/A
TRAFFIC CIRCLE WILLITS AT PACIFIC Y Y Y Y N/A N/A
TRAFFIC DIVERTER PACIFIC AT MYRTLE Y Y Y Y N/A N/A
TRAFFIC CIRCLE PACIFIC AT WALNUT Y Y Y Y N/A N/A
TRAFFIC CIRCLE PACIFIC AT RICHLAND Y Y Y Y N/A N/A
TRAFFIC CIRCLE PACIFIC AT WISTERIA Y Y Y Y N/A N/A
BIKE LANE EDINGER BRISTOL TO THE RIVERBED Y Y Y Y N/A N/A
TRAFFIC CIRCLE SHELTON AT MYRTLE Y Y Y Y N/A N/A
TRAFFIC CIRCLE SHELTON AT HIGHLAND Y Y Y Y N/A N/A
TRAFFIC DIVERTER FLOWER AT BORCHARD N/A N/A Y Y N/A N/A
TRAFFIC DIVERTER FLOWER AT WILSHIRE N/A N/A Y Y N/A N/A
TRAFFIC DIVERTER FLOWER AT RUSSELL N/A N/A Y Y N/A N/A
BIKE LANE EDINGER BRISTOL TO THE RIVERBED Y Y Y Y N/A N/A
TRAFFIC DIVERTER MCFADDEN AT GARNSEY N/A N/A Y Y N/A N/A
TRAFFIC DIVERTER MCFADDEN AT PARTON N/A N/A Y Y N/A N/A
TRAFFIC DIVERTER MCFADDEN AT VAN NESS N/A N/A Y Y N/A N/A
TRAFFIC DIVERTER MCFADDEN AT ROSS N/A N/A Y Y N/A N/A
TRAFFIC DIVERTER MCFADDEN AT BIRCH N/A N/A Y Y N/A N/A
WEDNESDAY
RIGHT OF WAY LOCATIONS: MONUMENTS, TRAFFIC CALMING DEVICES, BIKE LANES, MISC.
City Council 16 – 57 6/3/2025
CITY OF SANTA ANA
MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 53 CODE WORKSITE LOCATION WEEDED TRIMMED BLOWN TRASH SIDEWK MOWED
MONUMENTS MCFADDEN AT CEDAR WEST SIDE Y Y Y Y N/A N/A
MONUMENTS MCFADDEN AT CEDAR EAST SIDE Y Y Y Y N/A N/A
MONUMENTS CYPRESS AT WALNUT WEST SIDE Y Y Y Y N/A N/A
MONUMENTS CYPRESS AT WALNUT EAST SIDE Y Y Y Y N/A N/A
SIDEWALK MCFADDEN FAIRVIEW TO SUSAN SOUTH SIDE Y Y Y Y Y N/A
SLOPE MCFADDEN E/O SANTA ANA RIVER SOUTH SIDE SLOPE Y N/A Y Y Y N/A
SLOPE MCFADDEN E/O SANTA ANA RIVER NORTH SIDE SLOPE Y N/A Y Y Y N/A
SDWK MCFADDEN NEWHOPE TO SHANNON SOUTH SIDE Y N/A Y Y Y N/A SDWK MCFADDEN NEWHOPE TO W/O 4117 - NORTH SIDE Y N/A Y Y Y N/A
BULB OUT CIVIC CENTER AT FRENCH WEST SIDE Y Y Y Y Y N/A
BULB OUT CIVIC CENTER AT FRENCH EAST SIDE Y Y Y Y Y N/A T/CIRCLE/ BULB OUT CIVIC CENTER AT MINTER, 4 CORNERS AND CIRCLE Y Y Y Y Y N/A T/CIRCLE/ BULB OUT CIVIC CENTER AT LACY, 4 CORNERS AND CIRCLE Y Y Y Y Y N/A T/CIRCLE/ BULB OUT CIVIC CENTER AT GARFIELD, 4 CORNERS AND CIRCLE Y Y Y Y Y N/A T/CIRCLE/ BULB OUT CIVIC CENTER AT POINSETTIA, 4 CORNERS AND CIRCLE Y Y Y Y Y N/A T/CIRCLE/ BULB OUT CIVIC CENTER AT SANTIAGO, 4 CORNERS AND CIRCLE Y Y Y Y Y N/A
MONUMENTS FRENCH STREET AT CIVIC CENTER DRIVE Y Y Y Y Y N/A MONUMENTS 10TH STREET AT SPURGEON STREET Y N/A Y Y Y N/A
MONUMENTS WASHINGTON AVENUE AT BUSH STREET Y Y Y Y Y N/A
MONUMENTS WASHINGTON AVENUE AT LOUISE STREET Y Y Y Y Y N/A
MONUMENTS WASHINGTON AVENUE AT OLIVE STREET Y Y Y Y Y N/A
THURSDAY
RIGHT OF WAY LOCATIONS: MONUMENTS, TRAFFIC CALMING DEVICES, BIKE LANES, MISC.
City Council 16 – 58 6/3/2025
CITY OF SANTA ANA
MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 54 CODE WORKSITE LOCATION WEEDED TRIMMED BLOWN TRASH SIDEWK MOWED
MONUMENTS MCFADDEN AT CEDAR WEST SIDE Y Y Y Y N/A N/A
MONUMENTS MCFADDEN AT CEDAR EAST SIDE Y Y Y Y N/A N/A
MONUMENTS CYPRESS AT WALNUT WEST SIDE Y Y Y Y N/A N/A
MONUMENTS CYPRESS AT WALNUT EAST SIDE Y Y Y Y N/A N/A
SIDEWALK MCFADDEN FAIRVIEW TO SUSAN SOUTH SIDE Y Y Y Y Y N/A
SLOPE MCFADDEN E/O SANTA ANA RIVER SOUTH SIDE SLOPE Y N/A Y Y Y N/A
SLOPE MCFADDEN E/O SANTA ANA RIVER NORTH SIDE SLOPE Y N/A Y Y Y N/A
SDWK MCFADDEN NEWHOPE TO SHANNON SOUTH SIDE Y N/A Y Y Y N/A SDWK MCFADDEN NEWHOPE TO W/O 4117 - NORTH SIDE Y N/A Y Y Y N/A
BULB OUT CIVIC CENTER AT FRENCH WEST SIDE Y Y Y Y Y N/A
BULB OUT CIVIC CENTER AT FRENCH EAST SIDE Y Y Y Y Y N/A T/CIRCLE/ BULB OUT CIVIC CENTER AT MINTER, 4 CORNERS AND CIRCLE Y Y Y Y Y N/A T/CIRCLE/ BULB OUT CIVIC CENTER AT LACY, 4 CORNERS AND CIRCLE Y Y Y Y Y N/A T/CIRCLE/ BULB OUT CIVIC CENTER AT GARFIELD, 4 CORNERS AND CIRCLE Y Y Y Y Y N/A T/CIRCLE/ BULB OUT CIVIC CENTER AT POINSETTIA, 4 CORNERS AND CIRCLE Y Y Y Y Y N/A T/CIRCLE/ BULB OUT CIVIC CENTER AT SANTIAGO, 4 CORNERS AND CIRCLE Y Y Y Y Y N/A
MONUMENTS FRENCH STREET AT CIVIC CENTER DRIVE Y Y Y Y Y N/A MONUMENTS 10TH STREET AT SPURGEON STREET Y N/A Y Y Y N/A
MONUMENTS WASHINGTON AVENUE AT BUSH STREET Y Y Y Y Y N/A
MONUMENTS WASHINGTON AVENUE AT LOUISE STREET Y Y Y Y Y N/A
MONUMENTS WASHINGTON AVENUE AT OLIVE STREET Y Y Y Y Y N/A
BIKE LANE HAZARD HARBOR TO WEST CITY LIMIT Y Y Y Y Y N/A MONUMENT SANTIAGO AT 20TH Y Y Y Y N N/A
PLANTER FAIRHAVEN WEST OF EASTWOOD AT RAIL ROAD TRACKS -
DEAD END CULDESAC Y Y Y Y Y N/A
MONUMENT EDGEWOOD EAST OF MAIN, NORTHSIDE Y Y Y Y N/A N/A
MONUMENT EDGEWOOD EAST OF MAIN SOUTHSIDE Y Y Y Y N/A N/A
MONUMENT EDGEWOOD AT MAIN EAST SIDE Y Y Y Y Y N/A
MONUMENT BUSH EDGEWOOD AND BUSH Y Y Y Y N/A N/A
BIKE LANE HAZARD HARBOR TO WEST CITY IIMIT Y Y Y Y Y N/A PLANTER ENGLISH AT 15TH Y Y Y Y Y N/A
PLANTER LOUISE SOUTH OF 17TH Y Y Y Y Y N/A
PLANTER WASHINGTON EAST OF HARBOR Y Y Y Y N/A N/A
MONUMENTS JACKSON N/E C/O 1ST Y N/A Y Y N/A N/A
MONUMENTS JACKSON N/W C/O 1ST Y N/A Y Y N/A N/A
TRAFFIC DIVERTER 5TH AT TOWNSEND N/A N/A Y Y N/A N/A
TRAFFIC DIVERTER CELESTE AT WEST N/A N/A Y Y N/A N/A
BIKE LANE HAZARD HARBOR TO WEST CITY LIMIT Y Y Y Y Y N/A MONUMENT BROADWAY 5 FRY TO SANTA CLARA Y Y Y Y N/A N/A
MONUMENT SANTA CLARA AVENUE AT BROADWAY Y Y Y Y Y N/A
MONUMENT 19ST STREET AT BROADWAY Y Y Y Y Y N/A
MONUMENT 19ST STREET AT JEFFERSON PLACE Y Y Y Y Y N/A
BIKE LANE HAZARD HARBOR TO WEST CITY LIMIT Y Y Y Y Y N/A
PLANTER MEMORY LANE AT LOWELL LANE (SE & SW ) Y Y Y Y N/A N/A
PLANTER TOWNER STREET NORTH OF SANTA CLARA AVENUE Y Y Y Y N/A N/A
PLANTER MEDIAN LOWELL LANE AT SANTA CLARA AVENUE Y Y Y Y Y N/A
MONUMENT SANTA CLARA AVENUE AT BRISTOL STREET Y Y Y Y Y N/A PLANTER FLOWER ST. NORTH CITY CLIMIT -
JUST NORTH OF ORANGE ROAD Y Y Y Y Y N/A
FRIDAY
RIGHT OF WAY LOCATIONS: MONUMENTS, TRAFFIC CALMING DEVICES, BIKE LANES, MISC.
City Council 16 – 59 6/3/2025
CITY OF SANTA ANA
MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 55 City Council 16 – 60 6/3/2025
CITY OF SANTA ANA
MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 56 CITY OF SANTA ANA
REQUEST FOR PROPOSALS
MEDIAN AND RIGHT OF WAY LANDSCAPE MAINTENANCE SERVICES
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.
MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE SERVICES PRICING ITEM
#
ITEM DESCRIPTION QUANTITY UNIT UNIT
QUANTITY
UNIT
PRICE
EXTENDED
TOTAL PRICE
1. Landscape Maintenance
Crew–Laborer (2,000 Hours) 12 Hour 24,000 $ $
2. Irrigation Technician (2,000
Hours) 2 Hour 4,000 $ $
TOTAL BASE CONTRACT AMOUNT (ADD ITEMS 1 & 2)
NOTE : RFP AWARD WILL BE BASED ON THE TOTAL BASE CONTRACT AMOUNT $
ADDITIONAL AS-NEEDED: WEED ABATEMENT, DEBRIS REMOVAL & WEED/PESTICIDE
SPRAYING SERVICES
4. Weed Abatement & Debris
Removal Crew – Laborer
(2,000 Hours)
1 Hour 2,000 $ $
5. Weed Abatement & Debris
Disposal Charge N/A TON N/A N/A $
6. Weed Spraying – Streets,
Gutters, Sidewalks, Alleys,
Channels, Easements
1 Hour 2,000 $ $
7. Tree Trunk Pesticide
Spraying for Aphids 1 Tree 1,000 $ $
ATTACHMENT A
PROPOSER’S CERTIFICATION, PROPOSAL PRICING
City Council 16 – 61 6/3/2025
CITY OF SANTA ANA
MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 57 _________________________________________________________________________________
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
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
City Council 16 – 62 6/3/2025
CITY OF SANTA ANA
MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 58 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. Contracts listed must have a minimum award amount of $100,000 per year in order to be used as references. 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.
ATTACHMENT B
REFERENCES
City Council 16 – 63 6/3/2025
CITY OF SANTA ANA
MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 59 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.
ATTACHMENT C
PROPOSER’S STATEMENT
City Council 16 – 64 6/3/2025
CITY OF SANTA ANA
MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 60 (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.
ATTACHMENT D
NON-COLLUSION AFFIDAVIT
City Council 16 – 65 6/3/2025
CITY OF SANTA ANA
MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 61 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.
ATTACHMENT E
NON-LOBBYING CERTIFICATION
City Council 16 – 66 6/3/2025
CITY OF SANTA ANA
MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 62 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.
6. In the event of the Consultant’s non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law.
7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract
ATTACHMENT F
NON-DISCRIMINATION CERTIFICATION
City Council 16 – 67 6/3/2025
CITY OF SANTA ANA
MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 63 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 16 – 68 6/3/2025
CITY OF SANTA ANA
MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE – RFP #25-058 64 Bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., it must clearly set forth below the name and location of each subcontractor who will perform work or labor or render service to the bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of bidder’s total bid and the kind of work that each will perform. Furthermore, bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., if bidder fails to list as to any portion of work, or if bidder lists more than one subcontractor to perform the same portion of work (i.e. bidder must indicate what portion of the work each subcontractor will perform), bidder must perform that portion itself or be subjected to penalty under applicable law.
If alternate bids are called for and bidder intends to use subcontractors different from or in addition to those subcontractors listed for work under the base bid, bidder must list subcontractors that will perform work in an amount in excess of one half of one percent (0.5%) of bidder’s total bid, including alternates.
In case more than one subcontractor is named for the same kind of work, the Contractor is to state the portion of work that each subcontractor will perform. Bidders or suppliers of materials only do not need to be listed. If further space is required for the list of proposed subcontractors, additional sheets showing the required information, as indicated below, shall be attached hereto and made a part of this document.
Listed below is the name of each subcontractor that will perform work, labor, or render services to the undersigned related to the work of this project. This is to include any subcontractor that will specially fabricate and install a portion of work according to detailed drawings contained in the plans and specifications in the amount greater than one half of one percent (.05%) of the contractors total bid.
Additional sheets may be attached if needed.
Subcontractor Name: Location:
Portion of Work/Trade: Bid Amount
Contractor’s License Number DIR Registration No.
Subcontractor Name: Location:
Portion of Work/Trade: Bid Amount:
Contractor’s License No: DIR Registration No:
Contractor will not be subcontracting any portion of work.
ATTACHMENT G
SUBCONTRACTOR DESIGNATION FORM
City Council 16 – 69 6/3/2025