AGREEMENT WITH LANDSCAPE WEST MANAGEMENT SERVICES, INC.
FOR LITTER, DEBRIS, AND ENCAMPMENT REMOVAL SERVICES
THIS AGREEMENT is made and entered into on this 4th day of November, 2025 by and between Landscape West Management Services, Inc., a California corporation, (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. The
City issued a Request for Proposal No. 25-116 (“RFP”), by which t he City sought a contractor having skill and knowledge in the field of litter, debris, and encampment removal services related to the encampment delegated maintenance agreement with the California Department of Transportation (Agreement #A -2025-141). The RFP is referenced herein as if incorporated in full.
B. C
ontractor submitted a responsive proposal that was selected by the City. Contr actor represents that it is able and willing to provide such services to the City as described in the scope of work that was included in the RFP.
D. I
n undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field.
NO
W 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. S
COPE OF SERVICES
C
ontractor 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. CO
MPENSATION
a. Cit
y agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $400,000. b. P
ayment 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. TER
M
T
his Agreement shall commenc e on the date first written above through June 30, 2027, unless terminated earlier in accordance with Section 16, below.
4. P
REVAILING WAGES
C
ontractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
5. I
NDEPENDENT CONTRACTOR
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ontractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
6. O
WNERSHIP OF MATERIALS
T
his Agreement creates a non -exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents & Data the sub contractor prepares under this Agreement.
Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
7. INSURANCE
Insurance requirements are attached hereto as Exhibit C.
8. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor , its subco ntractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement.
10. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer pe riod required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.
11. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City.
12. CONFLICT OF INTEREST CLAUSE
a. Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City’s Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Contractor or have any other direct or indirect financial benefit or interest in this Agreement.
c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full- time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution
d. The Contractor must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement.
The Contractor warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Contractor hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description
of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement.
e. Contractor covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above.
13. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, ut ilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor . The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representati ons, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor , Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City.
16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of suc h 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.
17. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
18. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
19. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of Calif ornia, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
20. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City:
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
With courtesy copies to:
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-23)
P.O. Box 1988
Santa Ana, California 92702
To Contractor:
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
21. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
[signature page to follow]
Landscape West Management Services, Inc.
Attn: Michael Garibay, President
1234 N. Blue Gum St.
Anaheim, CA 92806
EXHIBIT A
SCOPE OF SERVICES
CITY OF SANTA ANA
Contractor/Consultant shall perform services as set forth below.
I. TYPES OF SERVICES
1. GENERAL
Services and work to be performed by awarded Contractor shall consist of, but not be limited to, the following areas adjacent to State Highways 55, 5 and 22 freeways in the City of Santa Ana:
1. Removal and disposal of debris/rubbish, including:
a) Trees, cut brush, dead trees, tree limbs, and similar materials, b) Furniture, mattresses, appliances, scrap metals, junk, automobile parts or machinery, tires, televisions and other electronic devices, c) Concrete, asphalt, bricks or other construction debris, d) Garbage, litter, cardboard, metal cans, glass, feces, fruit/vegetable matter,
2. Hand sweeping (or blowing) of streets, sidewalks and similar areas.
3. The Contractor shall dispose of all trash and other debris from the operation as work progresses. The City shall not be responsible for the disposal. Contractor shall pay all disposal fees and provide documentation evidence of recycling to include location, tonnage, etc. on a monthly basis to the City.
4. At no time is the Contractor permitted to use the City dumpsters. All rubbish and garbage shall be removed from the property and disposed at a City authorized disposal site. A list of disposal sites, including the name of facilities and addresses, to be used by Contractor shall be provided to City upon award of contract.
5. All sidewalks, parkways, and gutters in front of or adjacent to lots with abutting curbs and sidewalks shall be cleaned of all weeds, trash, rubbish, and noxious growth.
6. Erosion control wattles (devices made of straw or wood) installed around the perimeter of fenced properties, shall be removed to allow for proper cleaning along the interior and exterior of the fence line. Once cleaning is completed, Contractor shall replace wattles along the interior perimeter of the lot or as directed to by Projects Manager.
7. Sufficient inspection will be provided but not such as will substitute for supervision of the work by the Contractor or his foreman.
8. At the completion of the work, the site shall be left in a clean condition by utilizing blower or push broom, unless it is an unpaved area, vacant lot, Creek or other similar site conditions.
9. Daily work must be documented using an electronic device (mobile phone, tablet or similar) and uploaded to City’s work order system (MySantaAna App or Similar)
EXHIBIT I
SCOPE OF SERVICES
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RFP 25-116
CITY OF SANTA ANA
10. Daily work/routes and schedules will be assigned by City Staff.
11. Contractor shall furnish all labor, equipment tools, and materials and supplies including Personal Protective Equipment (PPE), such as face mask respirator (N- 95), gloves, coverall suits, trash bags and the skills and training required to perform all services listed above.
12. Contractor shall furnish all Signs used for handling traffic control during the course of this contracts and shall be in accordance with the “Work Area Traffic Control Handbook” (WATCH), published by Building News, Inc., and made a part of these special provisions. The method in which signs, barriers, and warning devices are used during the work shall be in accordance with the publication mentioned. A copy of said publication is on file in the Public Works Agency.
2. TRANSIENT AND HOMELESS ENCAMPMENT CLEAN-UP
1. Contractor shall remove abandoned transient/homeless encampments that may include, but not be limited to tents, soiled clothing, blankets, human feces, hypodermic needles, and items listed above.
2. Contractor shall remove unwanted natural or environmental materials including, but not limited to, bio- waste, dirt, nests, hypodermic needles, silt, feces, grime and similar.
3. Contractor may be assigned to work alongside Local Law Enforcement (Santa Ana Police Department and California Highway Patrol).
4. Contractor shall be required to report transient occupied Homeless Encampments on City and Caltrans properties to Project Manager.
3. AS-NEEDED WEED AND DEBRIS REMOVAL AND LOT CLEANING – CREW LABORER
1. Additional as-needed crew laborer services may be requested by the City and will be compensated at the regular hourly rate as per appropriate bid line item pricing.
2. City will issue a work order request for such work to be performed.
3. These services include, but are not limited to the services listed in Section I.
II. WORK ORDERS, ASSIGNMENTS, AND SCHEDULE
Work shall be assigned by the City Projects Manager (or Inspector or other City Designated Person) and shall be on an As-Needed or on a Set Schedule basis, subject to budget appropriation availability and changes by the Projects Manager. Work hours and staffing may be increased or decreased based on funding availability. The Projects Manager will work with the Contractor to prepare the most effective and productive schedules and work assignments.
Cr
ew Unit Size(s) will vary based on task and assignment and as determined between Projects Manager and Contractor. Work assignments may vary and may consist of performing weed City of Santa Ana
RFP 25-116
CITY OF SANTA ANA
abatement or debris/rubbish clean-up or transient and homeless encampment removal or a combination of daily.
III. CREW SIZE
Contractor shall provide the necessary staff/workers to perform work as specified in this Bid.
Contractor must have the ability to provide the necessary workers based on the amount AS-NEEDED and SET SCHEDULED assignments. At a minimum, Contractor shall perform the assigned tasks with the following:
1. Three (3) Laborers
1. Laborer: Performs the necessary tasks to complete the required services. a) At minimum, one laborer must be English-speaking who is fully trained and knowledgeable in all aspects of these requirements. b) Equipped with a working, fully charged, capable of taking and sending photos and emails, cellular phone, to enable immediate contact with the City Projects Manager.
c) Ability to effectively communicate in verbal and written form in order to solve daily problems.
2. Perform the work assigned by City staff on an AS-NEEDED and SET SCHEDULED basis.
3. Provide the necessary labor, materials and equipment to remove litter and debris from all under/over passes, on/off ramps, sidewalk areas, planters, and embankments.
4. Contractor shall provide an Administrative Customer Service Representative knowledgeable of the Contract requirements, to efficiently answer all City questions/inquiries. The Customer Service Representatives shall be available during Regular Business Hours to assist City with administrative matters and if necessary, placement of work orders , follow-ups, and any other areas requiring assistance. Contractor must provide a Customer Service point of contact for after-hours and urgent requests.
IV. GENERAL
1. Furnish all labor, equipment, materials and supplies (including trash bags and any other supplies necessary), tools, services and special skills required to perform all services listed above on Caltrans over/under passes, on/off ramps, City streets, and various locations and other related services as set forth in the Scope of Services and in keeping with the highest standards of quality and performance.
2. Cooperate fully with all authorities regarding any investigations of the preceding activities. Submit a completed report to Projects Manager by the next business day following work completed under this contract.
3. Delivering and Staging of Equipment and Materials
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1. Materials, supplies, and equipment needed for this project must be stored at Contractor’s premises and at Contractor’s expense, unless otherwise agreed upon by the Projects Manager.
2. Remove all materials, tools and equipment from City facilities and or Caltrans property immediately after completion of work.
4. Do not blow or sweep any debris from the landscaped areas and/or hard surfaces into the parking lots, onto private property, storm drains or public streets.
5. Notify the City Projects Manager immediately regarding scheduled work that may be delayed or missed, provide reasons why the work schedule cannot be maintained (beyond the Contractor’s control), and submit a revised work schedule for review and consideration.
V. CONTRACT PERFORMANCE REQUIREMENTS
1. Contractor shall document all location/stops each day with smartphone app provided by City. No less than 4 sites per 8-hourwork day. Any deviations from this requirement must be brought up to the City Projects Manager and agreed upon by City prior to any work commencing.
2. Quality A ssurance
Contractor shall provide laborers and supervisors who are thoroughly familiar with the type of work, materials, and techniques specified. Contractor shall perform all work according to all current applicable codes, industry-standards, and to the highest quality commensurate with required work
1. Ensure that all work is done only by experienced and professional personnel arriving at the project site(s) as scheduled and all work is performed in a skillful and workmanlike manner.
2. All services shall be subject to the inspection and approval of City either by Projects Manager or designee prior to acceptance and approval for payment.
3. C ompliance with Laws:
1. It shall be the Contractor’s responsibility to attain the appropriate Contractor License Requirement if applicable.
2. Contractor shall perform all work performed in connection to this project in full compliance with all applicable standards, laws, statutes, restrictions, ordinances, requirements, rules and regulations of municipal, state, county and federal agencies applicable to the services provided.
VI. REMOVAL AND DISPOSAL OF DEBRIS
1. Contractor shall remove and dispose of all litter, and debris generated during the performance of this contract from the work areas the same day it is generated.
2. Disposal locations will be privately owned or debris transfer stations.
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Note: ONLY when authorized by the City, the use of the City Municipal Corporate Yard location will be allowed for the disposal of litter and debris generated under this agreement and will be at no charge to the City.
3. Amount of debris/rubbish must be documented and required as part of each work order in order to include the total amount of debris/rubbish collected on monthly invoicing.”
4. All debris, excess material, and parts, including those materials that could inflict injury (e.g., nails, wire, wo od, etc.), shall be cleaned up continuously as work progresses and removed at the completion of the job and/or at the end of each work day.
VII. EQUIPMENT
Contractor shall furnish all labor, equipment, materials (including trash bags), tools, services, and special skills required to perform debris/rubbish and weed abatement removal services and other related services as set forth in these specifications and in keeping with the highest standards of quality and performance. Contractor shall ensure that all equipment, materials, supplies, and consumables meet or exceed all applicable manufacturer’s published specifications and industry standards corresponding to required work as specified herein.
The Contractor shall perform all work necessary to complete the provisions of this contract in a satisfactory manner. The Contractor shall furnish all equipment, tools, materials, supplies, supervision and labor necessary to complete the work. It is mandatory that the equipment and tools identified below be readily available.
1. Stake bed – Minimum ten (10) cubic yard stake beds or dump truck with ability to be loaded by loader and back hoe.
**Required daily: contractor will be responsible to provide appropriate number of stake bed trucks based on crew size, location and job assignment.
2. Lawnmowers – available if needed
3. Weed eaters
4. Blowers
5. Hedge trimmers
6. Chain saws
7. Edgers
8. Shovels
9. Scoop shovels
10. Rakes
11. Loppers
12. Tree pole saws – available if needed
13. Hedge shears
14. Long handled hoes
15. Pitch forks
16. Traffic cones or delineators
17. Wheelbarrows
18. Push brooms
19. Pressure Washer - available if needed
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VIII. MAINTENANCE FUNCTION CHECKLIST AND REPORTS
1. Weekly Report:
1. Due Monday of every week, including a Daily Attendance Si gn-In Sheet with signatures of each laborer with the hours worked and start and end times and specifies the work performed; date performed; and labor, materials and supplies used, and amount of trash and debris collected (measurement method to be agreed upon).
2. Contents: Ensure that the report contains all the required and approved content, which may include, but not limited to:
a) Description of work completed
b) Materials and Equipment used, such as Loader or Back Hoe
3. Ensure that all reports are submitted prior to submission of the monthly invoice, otherwise payment will be withheld, unless a change is agreed upon by the City.
4. Monthly payment will not be made until reports are received by City.
2. P roduction Reports
1. Shall be emailed to City each month by the seventh day.
2. These reports will include the amount of trash and debris removed and disposed and disposal sites utilized.
3. D ocumentation – As Requested by the City
1. Digital Photo Sampler Report
a) Take before-and-after photos of items, areas, or incidents that Contractor responds to as specified by City.
b) Maintain these photos electronically and make them available for inspection by City at any time.
c) Identify photos by location, description, etc. before or after, date and time of photo taken with timestamp.
IX. CONTRACTOR EMPLOYEES AND UNIFORMS
1. Contractor Laborer Employees
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1. Ensure that all Contractor employees performing work in conjunction with this service are always courteous, professional, competent, and do not cause any undue disturbances.
2. Contractor staff shall be responsive only to the requests of the Projects Manager or designee. Contractor staff shall direct all inquiries to Projects Manager or designee.
3. Remove any employee who is determined by City to be incompetent, working inefficiently, disorderly, intemperate, or otherwise objectionable immediately removed from work under this agreement and replace with a satisfactory replacement.
4. Contractor staff and representative shall maintain the highest level of professional standards in uniforms, politeness, and interaction with the public and City personnel. Contractor staff must present a neat, well-groomed appearance at all times.
5. Perform the work while minimizing disturbance to the citizens, residences, and businesses.
6. Workers must have basic knowledge, experience, skills, and abilities in general labor, custodial maintenance, landscaping maintenance, cleaning, trash handling, landscape care, and street safety procedures to perform the scope of work requirements in accordance with the bid specifications at all times. Workers who do not demonstrate these capabilities shall be replaced at the request of the City.
2. Uniform and Safety Vests
a. Contractor shall provide and maintain uniforms for all Contractor employees under this contract at Contractor expense.
b. Uniforms must bear Contractor’s company name or other acceptable designation type approved by the Projects Manager.
c. Uniforms must be maintained in a clean and neat order with no rips, tears, or permanent stains present and worn as a complete unit and be fitted properly
d. Must wear appropriate safety vest or safety color shirt at all times while working for the City.
X. RECORDS AND INVOICING
Before removing litter, debris/rubbish and/or garbage, the Contractor will photograph the property as is necessary to show all, debris/rubbish and/or garbage to be removed or to be abated. The Manager may also take photographs prior to work commencing.
The Projects Manager will keep an accurate record of all properties cleaned by the Contractor and if any controversy shall arise as to locations cleaned by the Contractor, the decision of the Projects Manager will be final.
City of Santa Ana
RFP 25-116
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Contractor shall prepare a monthly written invoice for amount of hour’s worked, a listing of each location cleaned by Work Order Number and total amount debris/rubbish disposed of by tonnage. Invoices are to be submitted on the first day of each month, or as deemed necessary by the Projects Manager.
Contractor shall email all invoices to:
XI. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS Contractor shall be responsible for the protection of public and private property adjacent to the work and shall repair or replace all existing improvements, which are damaged or removed as a result of his operations if said existing improvements are not designated for removal.
XII. WORK HOURS
Contractor’s regularly assigned activities shall be performed from 7:00 a.m. to 3:30 p.m., Monday through Friday. The schedule shall be provided by the Projects Manager.
Deviation from these hours/days shall not be permitted without the prior consent or direction of the Projects Manager except for emergencies involving immediate hazard to persons or property and per the Santa Ana Municipal Code.
Occasionally, Contractor will be assigned work that will deviate from the established work hours and will require Contractor to be available and work alternative hours during early morning hours, late night, overnight, and weekends. Projects Manager will work with Contractor to provide as much lead time as possible.
XIII. EMERGENCY INFORMATION
The names, addresses and telephone numbers of Contractor and subcontractors, or their representatives, shall be filed with the City prior to beginning work.
XIV. RESPONSE TIMES
1. Routine
1. Routine: 48-hour response or sooner to site from time of contact for anything that needs attention prior to the next maintenance cycle, but has no immediate cost or threat of loss.
2. Contractor shall respond to City Staff within one (1) hour of notification during normal work hours.
XV. WORK BY CITY FORCES DUE TO CONTRACTOR
NONCONFORMANCE
Should the Contractor fail to correct deficiencies of public nuisances that have been created because of his operations, then these will be considered to be of an emergency nature and City of Santa Ana
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cause for the City to move in on the work site to make corrective work. Such work will be done on a force account basis with an additional callout charge of $75 for each callout. It should also be noted that there is a minimum two-hour charge for labor on any callout.
XVI. SAFETY REQUIREMENTS
All work performed under this contract shall be performed in a manner as to provide maximum safety to the public and staff where applicable, comply with all safety standards related to personal protective equipment (PPE) required by CAL-OSHA or other applicable Local, State and Federal safety regulatory agencies.
XVII. ENVIRONMENTAL CONDITIONS
1. Comply with all applicable local, state, federal regulations and requirements.
2. Transport, store, apply, dispose of all bio-waste and hazardous materials as required by law.
3. Supply, if necessary, a trash container, for non-hazardous materials only.
4. Remove from the work site and properly dispose of all spent materials, hazardous materials, debris, and the like on a daily basis. Do NOT accumulate waste materials unless the Projects Manager otherwise allows.
5. Minimize contamination from materials, wastes, spills, or residues at the jobsite to street, drainage facilities, or adjoining property by wind or runoff.
XVIII. TRAFFIC CONTROL
All traffic control (if required) shall conform to the requirements of the latest edition of the “Work Area Traffic Control Handbook” (WATCH, City Standard Plan 1125F (SP1125F), the Manual on Uniform Traffic Control Devices (MUTCD), the current MUTCD California Supplement and these Special Provisions.
1. The Contractor shall maintain at least one open traffic lane in each direction at all time on all streets. Flagmen shall be required when directed by the City.
2. During non-working hours, all lanes shall be opened to traffic.
3. Flashing arrow boards shall be required on arterial streets. Deviation from this requirement will be subject to approval from the Traffic Engineer.
4. T
raffic control plans must be submitted and approved before starting work on any public street, except for the following temporary closures:
a. Temporary single lane closure on 4 or 6- lane arterials may be done per WATCH without submitting a traffic control plan. However, this will require approval from the Traffic Engineer.
b. Temporary closure of local streets may be done per WATCH without submitting traffic control plans. However, this will require approval from the Traffic Engineer.
XIX. SAFETY PROGRAM REQUIREMENTS
Work Site Safety shall be as defined by the Standard Specifications and these special provisions:
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The Contractor shall be solely responsible for ensuring that all work performed under the contract is performed in strict compliance with all applicable Federal, State and local occupational safety regulations. The Consultant/Contractor shall provide at its expense all safeguards, safety devices and protective equipment, and shall take any and all actions appropriate to providing a safe Project site.
The following is required in addition to the requirements of the Standard Specification:
a. The Contractor shall train all employees, or subcontractor personnel in the work practices necessary to safely perform his or her job. b. The Contractor shall identify all known potential hazards related to the work performed and train all employees and subcontractor personnel on how to handle the potential hazards.
c. The Contractor, their employees and subcontractors shall follow all safety rules and safe work practices.
d. The Contractor will immediately notify the City of any significant and/or unusual hazards found during the course of work.
e. The Contractor is solely responsible for the legal disposal of hazardous waste generated in performance of their work.
Safety Indemnification: To the extent allowed by law, the Contractor agrees to defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all investigations, complaints, citations, liability, expense (including defense costs and legal fees), claims and/or causes of action for damages of any nature whatsoever, including but not limited to injury or death to employees of the Contractor, its subcontractors or City, attributable to any alleged act or omission of the Contractor or its subcontractors which is in violation of any Cal OSHA regulation. The obligation to defend, indemnify and hold harmless includes all investigations and proceedings associated with purported violations of Section 336.10 of Title 8 of the California Code of Regulations pertaining to multi-employer work sites. The City may deduct from any payment otherwise due the Contractor any costs incurred or anticipated to be incurred by the Agency, including legal fees and staff costs, associated with any investigation or enforcement proceedings brought by Cal OSHA arising out of the assigned work
XX. COMMUNICATIONS
Contractor shall provide his crew with a cellular phone to allow direct communication with City staff at Contractor’s expense. The City shall require contract staff to utilize a technological device, such as a smartphone, tablet, laptop or similar device at Contractor expense, to assist with the City’s Asset Management and Work Order System. Such device will be utilized to perform basic data input and respond to work orders from the City.
Operation of the software system shall include, but is not limited to, m onitoring and responding to real- time work order service requests and taking before and after photos of work performed.
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CITY OF SANTA ANA
XXI. NON-PAYMENTS
Note that payments will NOT be made for any unsatisfactory work until corrected. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to cure the alleged breach.
XXII. AUDIT REQUIREMENTS
City reserves the right to periodically inspect and audit Contractor’s accounting procedures and supporting documentation in conjunction with the performance of the Scope of Services.
1. City will notify Contractor in writing of any such requested audit.
2. City will inspect and audit in a reasonable manner.
3. Contractor must fully cooperate with any such audit(s).
4. City will notify Contractor in writing of any exception taken as a result of an audit.
5. If an audit, in accordance with this article, discloses overcharges (of any nature) by Contractor to City of the value of that portion of the Agreement that was audited, the actual cost of City’s audit shall be reimbursed to City by Contractor.
XXIII. CONTRACT TERMINATION
The City reserves the right to terminate contract, without penalty, for cause immediately or without cause after 30- days written notice thereof is delivered to the Contractor either personally or by mail addressed as shown on the bid proposal.
If the Contractor fails to meet the specifications of this contract for a period of 15 cumulative days, the City may at its option terminate the balance of this contract by written notice of termination to the Cont ractor. Notice of such termination shall take effect 15 days after such notice is mailed.
XXIV. WORK DELAYS AND LIQUIDATED DAMAGES
1. Agree to liquidated damages as specified in the table when delays, etc. are within the control of, or could have been anticipated by, Contractor.
2. Note that exceptions may be made by the Projects Manager when unforeseeable circumstances arise and are clearly beyond the control of or could not have been anticipated by Contractor that may cause delays or no work to be performed or completed. The Projects Manager may grant an extension in time equivalent to the exact number of working days that were caused by the unforeseen circumstance.
3. T
o ensure that Contractor performs all of the required work and by the time required per bid specifications, City will assess liquidated damages (Liquidated Damages Table) for work performance deficiencies.
4. City will notify Contractor in writing and/or email each time service requirements are unsatisfactory and corrective action is necessary. Should Contractor fail to correct City of Santa Ana
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any deficiencies within three business days, the City may exercise the following measures:
1. Deduct from Contract’s payment amount the required to correct deficiency or the Liquidated Damage amount.
2. Utilize City forces or alternate means to correct deficiency and deduct from Contractor’s invoice cost including City overhead.
5. City has the sole right to waive any liquidated damages without regards to any and all precedents wherein City may have waived past violations.
6. After second recurring violation contractor must meet with the Projects Manager to discuss deficiency issues and a subsequent correction notice will be issued.
TABLE: LIQUIDATED DAMAGES
# VIOLATION AMOUNT
1. Failure to perform required/scheduled work by being late, not attending to scheduled work or inability to provide requested number of workers or equipment as scheduled or requested.
$100.00 per Occurrence
2. Failure to meet,
requirements.
respond or answer to Emergency response $100.00 per Occurrence
3. Failure to meet, respond or answer to Routine response requirements. $100.00 per Occurrence
4. Failure to meet Contract Performance Requirements of not removing significant amount of weeds and debris generated by crews, from work site same day per requirements, unless authorized by Projects Manager.
$200.00 per Occurrence
5. Blowing or sweeping debris onto non-work area, private property, public streets, parking lots or into storm drains and not removing. $200.00 per Occurrence
6. Failure of Contract lead worker or Supervisor (or designated person) to return phone calls to City within time frame.
$100.00 per Occurrence
7. Failure to provide reports, schedules and other deliverables without notice and agreement by Projects Manager.
$100.00 per Occurrence
8. Safety violation and/or failure by Contractor to comply with the most current Work Area Traffic Control Handbook (W.A.T.C.H.) $100.00 per Occurrence
XXV. RE QUIRED CONTRACTOR IDENTIFICATION SIGNAGE
City of Santa Ana Public Works Agency authorized contractors will be required to have identification signage on all vehicles at all times while working in an official capacity for the City. Such signage shall be of a professional manner and maintained neat in appearance, free of graffiti, easily identifiable and in sound condition. All costs associated with the fabrication of such signage shall be borne by the contractor. Contact City Staff prior to ordering.
Signage T ype and Material Shall Be:
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Plastic wi th Magnetic Backing. Painted on Vehicle or similar (Taped Signs Not allowed). Such Signage Shall State:
Authorized Contractor
City of Santa Ana Public
Works Agency
and
Name of C ontractor and Contractor Telephone
Number Signage Letter Minimum Size or as allowed
by City Staff:
2-inches for: Authorized Contractor
City of Santa Ana Public
Works Agency
1-inch for all other information
City of Santa Ana
RFP 25-116
EXHIBIT B
COMPENSATION
1234 North Blue Gum St. Anaheim, CA 92806 - P: (714) 860-4702 F: (714) 860-4705
EX
HIBIT C
I
NSURANCE REQUIREMENTS
Insurance Requirements – Exhibit C
Contractor shall procure and maintain for the duration of the agreement, the following insurance coverages:
MINIMUM SCOPE AND LIMIT OF INSURANCE
Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and comp leted operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate.
• Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), w ith combined single limits of $1,000,000. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance with existing limits, which can be lower than $1,000,000. • Workers’ Compensation (WC): as required by the State of California, with statutory limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Contractor has no employees.
If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insura nce proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. CGL and AL policies: City of Santa Ana , its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, equipment, and personnel furnished in connection with such work or operations.
2. CGL, AL, and WC policies : Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor for City.
3. All required insurance policies: For any claims related to this contract, Contractor’s insurance coverage shall be primary and any insuranc e maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.
4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Contractor’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.
Insurance Requirements – Exhibit C
5. Each insurance policy required herein shall provide that coverage shall not be canceled , suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City.
Ten (10) days prior written notice shall be provided to City for policy cancellation or non- renewal due to non-payment.
6. Certificate Holder on each Evidence of Insurance certificate shall be : City of Santa Ana, Attention: Public Works Agency, 20 Civic Center Plaza, M-21, Santa Ana, CA 92701. The name and location of event should be included in the Description of Operations section of each certificate.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
Verification of Coverage
Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them.
City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The retroactive date must be shown and must be before the date of the contract or the beginning of work.
2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Co ntractor 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.