AGREEMENT WITH LANDSCAPE WEST MANAGEMENT SERVICES TO PROVIDE
MEDIAN AND RIGHT OF WAY LANDSCAPING SERVICES
THIS AGREEMENT is made and entered into on this 3RD day of June, 2025 by and between Landscape West Management Services, Inc., a California corporation (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. On April 4, 2025, the City issued Request for Proposal No. 25-058 (“RFP”), seeking proposals from qualified firms and organizations to provide landscaping maintenance and irrigation systems maintenance of street medians and public right-of-way amenities, vacant lots/parcels, slopes, channels, and easements.
B. Contractor submitted a timely and responsive proposal that was selected by the City.
Contractor represents that it is able and willing to provide the services described in the scope of work included in RFP 25-058.
C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A , attached hereto and incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B . The total amount to be expended during the term of this Agreement shall not exceed $9,370,000.
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor ’s account(s) with financial institutions.
Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on July 1, 2025 and continue f or a three (3) year term with the option for the City to grant up to two (2), one (1) year extensions, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non -exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other doc uments or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents & Data the sub contractor prepares under this Agreement.
Contractor represents an d warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
6. INSURANCE
Contractor shall procure and maintain for the duration of the agreement, the followi ng insurance coverages:
MINIMUM SCOPE AND LIMIT OF INSURANCE
Contractor shall maintain limits of insurance coverage in the following minimum amounts and
shall be at least as broad as:
• Commercial General Liability (CGL) : Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $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 non-payment.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Public Works Agency, M-21, 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 authorize d 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 requi red 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.
7. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, whic h may arise from the negligent operations of the Contractor , its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement.
9. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from th e date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.
10. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all
nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidi ary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
a. Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City’s Municipal Code, whose position with the Ci ty shall award or influence the award of this Agreement , or any competing c ontract or amendment thereof, shall be employed in any capacity by the Contractor or have any other direct or indirect financial benefit or interest in this Agreement.
c. The sect ion also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full -time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution
d. The Contractor must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement.
The Contractor warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Contractor hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must includ e, 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. Contractor covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect f inancial benefit or interest to any individual, as defined in subsections (b) and (c) above.
12. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor . The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor , Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Contractor shall, throughout the term of t his Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City:
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
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 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, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
[signature page to follow]
Landscape West Management Services, Inc.
Attn: Michael Garibay, President
1234 N. Blue Gum St.
Anaheim, CA 92806
Fax: 714-860-4705
EX
HIBIT A
S
COPE OF SERVICES
CI
TY 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 this contract.
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 schedul ed wo
rk.
i. Contractor shall provide two (2) Irrigation Technicians as well as to conduct daily maintenance, troubleshooting, repairs and necessary work to ensure
EXHIBIT A
SCOPE OF SERVICES
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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.
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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
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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 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,
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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.
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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
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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 cu t 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,
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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 plan cost 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, si gnage, 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
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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:
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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).
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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.
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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.
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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
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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
EXHIBIT B
COMPENSATION
Exhibit B
1234 North Blue Gum St. Anaheim, CA 92806 - P: (714) 860-4702 F: (714) 860-4705
1234 North Blue Gum St. Anaheim, CA 92806 - P: (714) 860-4702 F: (714) 860-4705