City of Santa Ana RFP 26-018 Page 2
NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that proposals will be received from qualified Contractors for Spill Response, Hazardous Waste Disposal, and Storm Drain Facility Maintenance Services.
Responses to this Request for Proposals (RFP) will be accepted until 2:00pm on Thursday, March 12, 2026.
Proposals must be submitted electronically through the PlanetBids system. It is the responsibility of the proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the proposal due date and time stated on the cover page of this RFP .
In addition to the electronic submittal on PlanetBids and in order for a firm to be deemed responsive, five (5) hard copies of the proposal are required to be delivered to Santa Ana City Hall by COB on the proposal due date, March 12, 2026.
All notifications, requests for information, updates and addenda will be posted on the PlanetBids page at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137.
Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal.
LETTER OF INTENT: As a courtesy to the City, all interested Contractors are encouraged to submit a Letter of Intent of their pending proposal to the noted Project Manager by the required date, as shown on the cover page of this RFP. Letters of Intent may be sent via mail or email and shall include the information below:
1. Use formal company letterhead.
2. Indication of company interest in the RFP.
3. Acknowledgement of candidate's responsibility to monitor the City's website for any amendments or modifications to the RFP.
4. Provision of correct, complete contact information.
Failure to submit a Letter of Intent will not lead to disqualification of the firm.
City of Santa Ana RFP 26-018 Page 3
TABLE OF CONTENTS
I. INTRODUCTION / PROJECT DESCRIPTION 4
II. INSTRUCTIONS TO PROPOSERS 6 A. CITY RESPONSIBILITIES
B. PROPOSER RESPONSIBILITIES
C. REQUEST FOR INFORMATION OR CLARIFICATION
D. ADDENDA
E. LICENSES & PERMITS
F. INSURANCE
G. INFORMATION PACKET
H. PRE-PROPOSAL MEETING
I. CITY RIGHT TO REJECT
J. BID PROTESTS
III. SUBMITTAL REQUIREMENTS 8
A. GENERAL
B. PROPOSAL CONTENTS
1. STATEMENT OF QUALIFICATIONS
2. SCOPE OF SERVICES AND SCHEDULE
3. FEE PROPOSAL
4. CERTIFICATIONS
IV. PROPOSAL REVIEW (CONSULTANT SELECTION) 10 A. EVALUATION AND RATING
B. SELECTION
V. CONTRACT AWARD 11
A. REQUEST FOR COUNCIL ACTION
B. EXECUTION OF AGREEMENT
VI. IMPLEMENTATION 11
A. KICK-OFF MEETING
B. NOTICE TO PROCEED
VII. PUBLIC RECORDS 11
VIII. APPENDIX
ATTACHMENT 1: SCOPE OF WORK
ATTACHMENT 2: SAMPLE AGREEMENT
ATTACHMENT 3: CERTIFICATIONS
ATTACHMENT 4: CONTRACT COMPARISON FORM
City of Santa Ana RFP 26-018 Page 4
I. INTRODUCTION / PROJECT DESCRIPTION
Nature of Work:
The City of Santa Ana is seeking qualified contractors to perform spill response, hazardous waste disposal, and storm drain facility maintenance services. A detailed Scope of Work is included in the Appendix of this RFP as Attachment 1.
Number of Proposals and Signature:
Contractor proposals and fee schedules shall be uploaded to PlanetBids as separate documents. The fee schedule shall be clearly marked “FEE SCHEDULE” and proposal shall be clearly marked “PROPOSAL”. The proposal shall be signed by a company official with the power to bind the company, and submitted to the City of Santa Ana.
Please be explicit in identifying the appropriate person with legal authority to bind the company.
In addition to the electronic submittal on PlanetBids and in order for a firm to be deemed responsive, five (5) hard copies of the proposal are required to be delivered to Santa Ana City Hall by COB on the proposal due date, March 12, 2026.
Santa Ana City Hall Drop-Off
City of Santa Ana RFP 26-018 Page 5
The bid document drop box is located adjacent to the Public Works Development Services Counter in the Ross Annex.
Proposals may also be mailed to:
City of Santa Ana
Public Works Agency
Attn: Craig Foster, NPDES Manager
20 Civic Center Plaza (M-22)
Santa Ana, CA 92701
The Statement of Qualifications shall be limited to a maximum of twenty (20) double- sided pages (excluding front and back covers, section dividers and attachments such as resumes, forms). Font size shall be minimum 11-point Arial. Proposal exhibits shall be maximum 11” x 17”.
Proposal Evaluation and Rating:
The criteria for evaluating the proposals submitted is shown below:
Relevant Project Experience 30%
Firm/Team Experience 25%
Understanding of Need 20%
Cost Proposal
References
15%
10%
City of Santa Ana RFP 26-018 Page 6
The City has established a proposal review committee to evaluate proposals based on the response to this RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers.
After ranking, cost negotiations may begin with the most qualified contractor(s). Should negotiations fail or result in a price that the City does not consider fair and reasonable, negotiations will be formally terminated and the City will then undertake negotiations with the next most qualified contractor(s).
Project Funding:
The primary funding source for these services is the City’s NPDES Program budget.
Special project funding sources may vary and shall comply with the funding agency’s requirements. Special conditions may apply. Refer to Attachment 1 (Scope of Work) in the Appendix of this RFP.
Prevailing Wages:
In accordance with the California State Labor Code, prevailing wage rates apply. Copies of the prevailing rate of per diem wages are on file with the Public Works Agency and shall be made available to any interested party on request. Contractors shall submit certified payroll to the City for work performed in a timely manner. The City may withhold invoice payment until certified payroll is received.
Term of Contract Agreement:
The City desires to enter into Agreements with the top two (2) selected Contractors. The initial term of the Agreement is anticipated to be three (3) years, with the option to exercise two (2), one (1) year extension periods (subject to City discretion). This term is outlined in the Standard Consultant Agreement, as contained in the Appendix of this RFP as Attachment 2.
II. INSTRUCTIONS TO PROPOSERS
A. CITY RESPONSIBILITIES
The City will provide information in its possession relevant to preparation of required information in this RFP. The City will provide only the staff assistance and documentation specifically referred to herein.
B. PROPOSER RESPONSIBILITIES
Point of Contact: The selected proposers will assume responsibilities for all services in its proposal. The selected proposers shall identify a sole point of contact with
City of Santa Ana RFP 26-018 Page 7
the greatest knowledge concerning the required service operations and contractual matters, including payment of all charges resulting from the Agreement.
Evidence of Financial Capacity: Proposers may be requested to submit its most recent audited financial statement, evidencing proposer’s financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity.
C. REQUEST FOR INFORMATION OR CLARIFICATION
All questions or requested clarifications shall be made only in writing in the Q&A section located in PlanetBids prior to the deadline for Requests for Information outlined on the cover page of this RFP. No verbal requests will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP.
D. ADDENDA
Any significant changes in the RFP from the date of release to the date of submittal will result in an addendum or amendment. As set forth in the Notice Inviting Proposals, notification of such addendum or amendment shall be posted on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Addenda shall become part of the agreement documents.
E. LICENSES & PERMITS
The selected proposers shall be required to obtain a City of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the City’s project manager or designee prior to commencing any work in Santa Ana.
Additionally, Proposers will be responsible for obtaining any licenses/permits required by the Scope of Work.
F. INSURANCE
The Selected Proposers shall provide the required evidence of insurance coverage as set forth in the Scope of Work within ten (10) business days after receipt of notice that the contract has been awarded. Failure to provide the required insurance certificates shall be cause for the annulment of the award and the forfeiture of the proposal guaranty. The City will provide the Selected Proposers with a “New Vendor Checklist”, which outlines insurance requirements.
G. PAYMENT INFORMATION PACKET
The selected proposers shall return a completed payment information packet within ten (10) business days after the successful proposer has received notice that the contract has been awarded.
City of Santa Ana RFP 26-018 Page 8
H. PRE-PROPOSAL MEETING
Should a pre-proposal meeting be scheduled, the date, time, and location is identified on the cover page of this RFP. The meeting will include discussion of the project scope and a question-and-answer session. It is highly recommended that the Proposer’s key team members attend this meeting. Significant interpretations or clarifications will be addressed via addenda to this RFP, as described above in “Section D: Addenda.”
I. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise.
The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal.
The City reserves the right to reject, replace, and approve any and all subcontractors. All subcontractors shall be identified in response to this RFP. Subcontractors shall be the responsibility of the selected proposer and the City shall assume no liability of such subcontractors.
J. BID PROTESTS
Proposers with concerns or rebuttal of any staff determination of non-responsiveness or non-responsibility may submit, in writing within five (5) business days, to the Project Manager, any concerns regarding the RFP process or staff determination. Such writing shall be considered by the City Manager or her designated representative, and may be acted upon within five (5) business days. If no action is taken within such time, there shall be no change to the staff determination. The exercise by the Proposer of its right to submit written concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder.
III. SUBMITTAL REQUIREMENTS
A. GENERAL
1. The number of Proposal Copies and signature is specified in:
RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION
2. Deadline:
Proposals are due to the City of Santa Ana via PlanetBids at the date and time specified in the Notice Inviting Proposals.
B. PROPOSAL CONTENTS
City of Santa Ana RFP 26-018 Page 9
The proposal format and page limitation, if any, is specified in:
RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION
1. STATEMENT OF QUALIFICATIONS
a. Cover Letter: Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity.
b. Contract Agreement Statement: Proposals shall include a statement outlining concurrence or concerns with any and all provisions contained in the Agreement attached herein as Attachment 2 in the Appendix.
c. Firm and Team Experience: Proposals shall include a profile of the firm’s experience and resumes which outline the experience of the project team and subcontractors that will be providing services.
At a minimum, this should include the project manager or principal agent, associates in charge when the project manager or principal agent is unavailable, key personnel, firm size, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual’s time devoted to this project. The project manager or principal agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview.
d. Understanding of Need: Proposals shall include an outline which demonstrates contractor’s understanding of the work. This outline should include anticipated approach, tasks necessary for successful completion, deliverables, and suggestions or special concerns that the City should be made aware of. Identify any assumptions and/or exclusions used in preparation of the scope of work and associated fee estimate.
e. Relevant Project Experience: Proposal shall include a list of relevant projects, which your firm or personnel have completed within the last 5 years, which must include substantial work with public agencies.
Project information should include project description, project location, year completed, and client name and contact information.
f. Cost Proposal: The evaluation team will review Fee Schedules and Attachment 4 – Contract Cost Comparison Form as part of the proposal review process. The lowest overall rates for most commonly used
City of Santa Ana RFP 26-018 Page 10 equipment and labor will receive the highest score. Contractors shall explicitly label prevailing wage rates.
g. References: Proposal shall include a list of relevant projects/contracts with references for three (3) public entities for which Contractor has performed similar work within the past five (5) years.
2. SCOPE OF SERVICES AND SCHEDULE:
Proposals shall include a Scope of Services that details contractor’s experience and expertise conducting spill response, hazardous waste disposal, and stormdrain facility maintenance services, as it pertains to the Scope of Work detailed in Attachment 1 of this RFP.
3. FEE PROPOSAL:
The fee proposal shall be submitted concurrently with the technical proposal, but as a separate attachment, clearly labeled as “Fee Proposal.” The fee proposal shall include a list of all positions, hourly rates, equipment and material costs, and any other costs required to perform all services described in the Scope of Work detailed in Attachment 1 of this RFP. The Fee proposal shall also include all hourly rates, equipment, and material costs for any subcontractors included in the proposal. Additionally, contractors shall complete a CONTRACT COMPARISON FORM, attached as Appendix Attachment 4 to this RFP, and submit it to the City as part of the fee proposal in PlanetBids.
4. CERTIFICATIONS:
The following forms shall be signed and included as part of the proposal submittal package:
• Attachment 3-1: Non-Collusion Affidavit
• Attachment 3-2: Non-Lobbying Certification
• Attachment 3-3: Non-Discrimination Certification
IV. PROPOSAL REVIEW (CONSULTANT SELECTION)
A. EVALUATION AND RATING
The criteria for evaluating the proposals are specified in:
RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION.
B. SELECTION
The selection committee will be comprised of at least (3) City staff. The committee may interview the top-ranking proposers. The City will recommend award of contracts to the proposers who will provide the best value and expertise to the City. The City reserves the
City of Santa Ana RFP 26-018 Page 11 right to begin negotiations and enter into a contract without interview or further discussions.
V. CONTRACT AWARD
A. REQUEST FOR COUNCIL ACTION
Following evaluation and rating by the proposal review committee, the Project Manager will recommend awarding contracts to the two top-ranking proposers that will provide the best value and expertise to the City.
B. EXECUTION OF AGREEMENT
The Scope of Services and Fees submitted in the proposal will be the basis of any negotiation of final terms, which will lead to a completed agreement ready for execution based on the standard Agreement attached herein as Attachment 2 in the Appendix.
VI. IMPLEMENTATION
A. KICK-OFF MEETING
A kick-off meeting may be held after award of contracts. Contractors and their team will meet with City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation processes.
B. NOTICE TO PROCEED
Prior to issuance of a formal Notice to Proceed (NTP), Consultants shall provide all required bonds, insurance documents, and contents of the Information Packet for review and approval by the City.
VII. PUBLIC RECORDS
All data, documents and other products used, developed, or produced during response preparation of this RFP will become property of the City. All responses to this RFP shall become property of the City. Proposer information identified as proprietary information be maintained confidential, to the extent allowed under the California Public Records Act.
Proposals will become public record after award of contract. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act.
City of Santa Ana RFP 26-018 Page A1-1 Appendix
ATTACHMENT 1
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
SPILL RESPONSE, HAZARDOUS WASTE DISPOSAL, AND
STORM DRAIN FACILITY MAINTENANCE SERVICES
RFP NO. 26-018
INTRODUCTION/BACKGROUND
The City of Santa Ana is 27.2 square miles and is located in central Orange County, California.
Santa Ana is the most densely populated city in the county, with a total population of 338,247 and approximately 12,435 people per square mile. Santa Ana sits within three major watersheds: the Newport Bay watershed, the Santa Ana River watershed, and the Anaheim Bay/Huntington Harbour watershed.
The City of Santa Ana is a co-permittee under the North Orange County Municipal Separate Storm Sewer System (MS4) Permit (Order No. R8 -2009-0030, as amended by Order No. R8 -2010- 0062). The Permit presents a series of technical, legal, and regulatory challenges to the City and as a result, the City has established a rigorous National Pollutant Discharge Elimination System (NPDES) compliance program.
The Permit requires the City to reduce pollutants discharged in urban runoff to the “Maximum Extent Practicable”. In order to comply with the Permit, the City is required to clean and maintain its MS4 and treatment control Best Management Practices (BMPs), respond to and eliminate illegal discharges and illicit connections, and conduct cleanup of pollutants that could potentially impact the MS4.
The City’s stormdrain system includes, but is not limited to:
• Approximately 1,650 catch basins, most of which have been retrofitted with Connector Pipe Screen (CPS) or Auto-Retractable Screens (ARS)
• 215 culverts
• 20 open channels
• Stormwater lift stations
• Treatment control BMPs, such as:
▪ Continuous Deflective Separation (CDS) Unit
▪ Bioretention Basins
▪ Bioswales/Vegetated Swales
City of Santa Ana RFP 26-018 Page A1-2 ▪ Pervious Pavement
▪ Drywells
▪ Proprietary Biotreatment Devices
▪ Underground Infiltration Systems
▪ Underground Detention Systems
▪ Cartridge Media Filters
▪ Infiltration Basins/Trenches
▪ Catch Basin Filter Inserts
The City desires to retain Contractors to perform spill response, hazardous waste disposal, and stormdrain facility maintenance services to assist with NPDES Permit compliance, maintain water quality standards, and prevent flooding . Professional services Agreements will be entered into with the selected Contractors and the selected Contractors will be requested to perform these services on an as-needed basis under the direction of the Public Works Agency. All work shall be done in accordance with the most recently adopted North Orange County MS4 Permit and any other applicable local, state, and federal laws.
The selected Contractors shall utilize in -house staff and/or subcontractors to complete assignments to meet the City’s standards. For specialized work, for which the selected Contractors require a subcontractor, the selected Contractors shall serve as an administrative liaison between the City and the subcontractors.
Mark-ups for subcontractor work shall not exceed ten percent (10%).
The selected Contractors and their Subcontractor(s) must have the expertise , experience, and demonstrated resources available to perform the work described in the Scope of Services below .
The City desires to enter into Agreements with the top two (2) selected Contractors . The initial term of the Agreement is anticipated to be t hree (3) years , with the option to exercise two (2), one-year extension periods (subject to City discr etion). The annual contract capacity for each Agreement is estimated to be five hundred thousand dollars ($500,000), subject to modifications by the City. Actual expenditures each year will vary at the City’s discretion and will be dependent on funding availability. The City does not guara ntee minimum annual expenditures under these Agreements.
A. SCOPE OF SERVICES
Work under this Agreement may include, but is not limited to, the following tasks below:
1) Spill Response
Contractors shall be capable of performing the following tasks:
City of Santa Ana RFP 26-018 Page A1-3 a. Deploy all necessary personnel, equipment, and materials to respond to and recover pollutant discharges from the public right-of-way (i.e. sidewalk, curb & gutter, etc.) City stormdrain system, and flood control channel system.
Discharges may consist of, but are not limited to: hydrocarbons, inorganic compounds, organic compounds, volatile compounds, biowaste, hazardous materials/waste, sewage, wastewater, sediment, and trash/debris.
Contractors shall respond to spill response requests via phone within 1-hour of initial request.
b. Deploy containment at various points along the projected travel path of the discharge to protect nearby stormdrain facilities from contamination. The City will provide a description of the site and discharge to the best of their ability during the initial request.
c. Set-up traffic control per WATCH handbook or at the direction of City staff to safely perform spill response services.
d. Conduct confined space entry and video camera inspection of stormdrain facilities.
e. Perform pressure washing of the contaminated area, including stormdrain facilities, to the satisfaction of the City. All wastewater generated as a result of pressure washing activities shall be recovered and not allowed to discharge into the City’s stormdrain system.
f. Take discharge samples for laboratory analysis and provide results to the City.
g. Manifest the waste lawfully and efficiently to the satisfaction of the California Department of Toxic Substances Control (DTSC), the United States Department of Transportation, t he Environmental Protection Agency , the EPA -permitted disposal facilities receiving the waste, and any other relevant regulatory agencies.
h. Provide storage, transport, and proper legal disposal of the recovered material(s).
i. Utilize appropriate personal protective equipment (PPE) when performing spill response services required by CAL-OSHA or other applicable Local, State and Federal safety regulatory agencies.
j. Provide an incident report with before and after pictures within 1-week of performing spill response services.
k. Install temporary Best Management Practices (BMPs) to control sediment, including but not limited to: silt fence, straw wattle, gravel bag berms, or stockpile protection.
All BMPs shall be installed in accordance with California Stormwater Quality Association (CASQA) BMP fact sheets.
City of Santa Ana RFP 26-018 Page A1-4
l. Any other work required to safely, effectively, and lawfully perform spill response services.
2) Hazardous Waste Disposal
Contractors shall be capable of performing the following tasks:
a. Perform routine pickup and removal of hazardous waste from the public right-of-way and City Yard (215 S Center St).
Types of hazardous waste may include, but are not limited to: hydrocarbons, inorganic compounds, organic compounds, volatile compounds, pesticides, biowaste, medical waste, e-waste, wastewater, batteries, soiled clothing, propane and gasoline tanks, and trash/debris.
b. Document the location, type of hazardous waste removed, and send photos to City staff.
Provide a quarterly report of all waste remov ed from the City Yard, including quantities, types of waste, etc.
c. Provide storage, transport, and proper legal disposal of recovered hazardous waste.
d. Manifest the waste lawfully and efficiently to the satisfaction of the California Department of Toxic Substances Control (DTSC), the United States Department of Transportation, t he Environmental Protection Agency , the EPA -permitted disposal facilities receiving the waste, and any other relevant regulatory agencies.
e. Utilize appropriate personal protective equipment (PPE) when performing hazardous waste disposal services required by CAL-OSHA or other applicable Local, State and Federal safety regulatory agencies.
f. Any other work required to safely, effectively, and lawfully perform hazardous waste disposal services.
3) Stormdrain Facility Maintenance and Cleaning
Contractors shall be capable of performing the following tasks:
a. Deploy all necessary personnel, equipment, and materials to thoroughly vacuum clean and remove trash/debris, vegetation, sediment, and encampments from the City’s stormdrain system.
Contractors shall have proper equipment , PPE, traffic control, and training to perform confined space entry. Additionally, Contractors must have access to and be capable of operating a vacuum truck and hydro-jetter to perform stormdrain facility maintenance and cleaning services.
City of Santa Ana RFP 26-018 Page A1-5
b. Perform thorough inspection and cleaning of all City catch basins throughout the City, including all trash capture device screens installed within City catch basins.
c. Perform thorough inspection and cleaning of all culverts and open channels throughout the City.
d. Perform thorough i nspection and cleaning of all treatment control BMPs throughout the City.
Contractors shall be familiar with the proper operations and maintenance procedures of various treatment control BMPs including, but not limited to:
• Continuous Deflective Separation (CDS) Units
• Bioretention Basins
• Bioswales/Vegetated Swales
• Pervious Pavement
• Drywells
• Proprietary Biotreatment Devices (i.e. Filterra or Modular Wetlands) • Underground Infiltration Systems
• Underground Detention Systems
• Cartridge Media Filters
• Infiltration Basins/Trenches
• Catch Basin Filter Inserts
Contractors shall be capable of performing landscape and irrigation system maintenance/repair for BMPs that include vegetation.
e. Report stormdrain infrastructure data to the City when conducting inspections and/or cleaning, including but not limited to:
• Date of inspection/cleaning
• Location
• Dimensions/measurements of stormdrain facilities
• Asset identification number
• Trash capture device type and condition
• Damage (face plate, protection bar, manhole, interior, inlet/outlet pipes) • Obstructions or vegetation growing
• Condition of “No Dumping” stencil
• Volume of trash, debris, and sediment removed during cleaning • Inlet/outlet pipe diameter and material
f. Stencil “No Dumping Drains to Ocean” on the top of catch basin inlets.
City of Santa Ana RFP 26-018 Page A1-6 g. Install and/or repair trash capture devices in Municipal catch basins, including but not limited to:
• Connector Pipe Screen (CPS) units
• Auto-Retractable Screen (ARS) units
• Other devices listed on the State Water Resources Control Board Certified Full Capture List of Trash Treatment Control Devices:
https://www.waterboards.ca.gov/water_issues/programs/stormwater/docs/ trash_implementation/certified_fcsdevicelist_16Feb2021.pdf
h. Provide on-call operations, maintenance, and repair services for the City’s stormwater lift stations, including but not limited to:
• Monitoring storm events and performing inspections to verify lift station s are operational and ready to pump stormwater
• Vacuum cleaning lift station wet -well, stormdrain lines, and catch basin inlets as-needed
• Responding to and resolving urgent is sues with the lift station 24 -hours a day, 7-days a week
• Conducting electrical and mechanical repairs or troubleshooting as-needed
Contractors shall respond to lift station issues via phone within 1-hr of initial request.
i. Procure and install steel barriers to prevent trespassing into stormdrain facilities. At a minimum, steel barriers shall:
• Prohibit access by the public into stormdrain facilities • Have a tamper-proof locking mechanism
• Be capable of opening freely during storm conditions or debris blockage • Be made of material strong enough to withstand potential vandalism
The City will provide barrier design details for contractors to procure and install.
j. Utilize appropriate personal protective equipment (PPE) when performing stormdrain facility maintenance and cleaning services as required by CAL-OSHA or other applicable Local, State and Federal safety regulatory agencies.
k. Contractor shall ensure all employees have adequate confined space entry training and equipment, when required, while providing Storm Drain Facility Maintenance Services.
City of Santa Ana RFP 26-018 Page A1-7 l. Any other work required to safely, effectively, and lawfully perform stormdrain facility maintenance and cleaning services.
4) Stormdrain System Weed Abatement
Contractors shall be capable of performing the following tasks:
a. Removal and disposal of weeds, wild grass, plants, tree s, or other vegetation located within or adjacent to stormwater conveyance channels, stormdrain easements, or other locations as directed by the City.
• All vegetation shall be cut or mowed to a height of not more than two (2) inches above the ground. All vegetation cut or mowed shall be removed from the site.
• Trees with low hanging branches shall be trimmed to allow 7 feet of vertical clearance, as needed.
• Trees, hedges, bushes and/or vines shall be trimmed back to property line as to not obstruct the public right of way, as needed
b. Contractor shall have the physical and technical ability, and sufficient staff to provide weed control spraying as required by City. Weed spraying shall be performed in accordance with all applicable State, Federal, and local regulations and laws.
The City will provide a list of approved herbicides for use. Contractor shall not apply any herbicides without prior direction from the City.
c. Utilize appropriate personal protective equipment (PPE) when performing weed abatement services as required by CAL-OSHA or other applicable Local, State and Federal safety regulatory agencies.
d. Set-up traffic control per WATCH handbook or at the direction of City staff to safely perform spill response services.
e. 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 allows otherwise.
f. Minimize contamination from materials, wastes, spills, or residues at the jobsite to street, drainage facilities, or adjoining property by wind or runoff.
g. Any other work required to safely, effectively, and lawfully perform weed abatement services.
5) City Yard Maintenance Services
Contractors shall be capable of performing the following tasks:
City of Santa Ana RFP 26-018 Page A1-8
a. Contractor shall assist the City in maintaining the overall cleanliness and adequate function of underground facilities at the City of Santa Ana Corporate Yard (“City Yard”), located at 215 S Center Street, Santa Ana, CA 92703
b. Contractor shall conduct routine inspection, cleaning, maintenance, and repair services at various areas and facilities throughout the City Yard including, but not limited to:
• Sanitary sewer clarifier systems and pumps;
• Stormdrain system and pumps;
• Street sweeper washout areas;
• Oil/water separators;
• Car wash areas;
• Dumpster areas;
• Material storage areas;
• Parking areas;
• Any other areas or facilities identified by the City
c. Methods to provide City Yard Maintenance Services shall include, but are not limited to:
• Pressure washing;
• Hand-wiping/scrubbing surfaces and equipment;
• Use of a vacuum truck;
• Sweeping;
• Shoveling;
• Use of proper equipment or tools when making repairs; • Other methods suggested by Contractor and approved by the City.
d. Contractor shall adhere to the City Yard Maintenance Services schedule provided by the City. Each area or facility shall be inspected, cleaned, maintained, and/or repaired at the frequency requested by the City.
e. Contractor shall manifest, transport, and dispose of all waste and wastewater generated from providing City Yard Maintenance Services to the satisfaction of the California Department of Toxic Substance Control (DTSC), the United States Department of Transportation (DOT), the United States Environmental Protection Agency (USEPA), the permitted disposal facilities receiving the waste or wastewater, and any other applicable Federal, State, or local regulations.
f. Contractor shall ensure all employees are supplied with and use adequate Personal Protective Equipment (PPE) while providing City Yard Maintenance Services as required by CAL-OSHA or other applicable Local, State and Federal safety regulatory agencies.
City of Santa Ana RFP 26-018 Page A1-9 g. Contractor shall ensure all employees have adequate confined space entry training and equipment, when required, while providing City Yard Maintenance Services.
h. Contractor shall establish a safe perimeter to ensure the public and/or City Staff are not impacted while providing City Yard Maintenance Services.
i. Contractor shall immediately notify the City if any urgent issues are discovered while conducting City Yard Maintenance Services.
j. Contractor shall implement Best Management Practices (BMPs) to ensure no wastewater or pollutants are discharged into the City’s stormdrain system and there are no negative environmental impacts associated with City Yard Maintenance Services. Contractor shall immediately notify the City in the event any wastewater or pollutants are discharged into the City’s stormdrain system.
k. Contractor shall immediately notify the City if any urgent issues are discovered while conducting City Yard Maintenance Services.
l. Any other work required to safely, effectively, and lawfully perform City Yard Maintenance Services.
6) Flood Control Assistance
Contractors shall be capable of performing the following tasks:
a. Mobilize to flooded areas and/or historic problem areas under the direction of the City.
Contractors shall respond to flooding issues via phone within 1-hour of initial request.
b. Deploy all necessary personnel, equipment, and materials to assist with flood control and flooding complaints. The personnel and equipment deployed must have the ability to remove excess water from the public right -of-way and dislodge materials blocking storm flows.
Contractors shall have proper equipment, PPE, traffic control, and training to perform confined space entry. Additionally, Contractors must have access to and be capable of operating a vacuum truck and hydro -jetter to perform flood control assistance services.
c. Open ARS units and stormdrain manhole covers to facilitate faster drainage of flooded areas.
d. Remove all trash/debris, sediment, and vegetation from ARS units and stormdrain facilities to facilitate faster drainage of flooded areas.
City of Santa Ana RFP 26-018 Page A1-10 e. Provide asset ID number and photos of f looded stormdrain facilities that were responded to within 7-days of the City’s request.
f. Set-up traffic control per WATCH handbook or at the direction of City staff to safely perform flood control assistance services.
g. Utilize appropriate personal protective equipment (PPE) when performing flood control assistance services as required by CAL-OSHA or other applicable Local, State and Federal safety regulatory agencies.
h. Contractor shall ensure all employees have adequate confined space entry training and equipment, when required, while providing Storm Drain Facility Maintenance Services.
i. Any other work required to safely, effectively, and lawfully perform flood control assistance services.
B. OTHER REQUIREMENTS
The City utilizes mobile platforms to document service requests and work orders. Contractors must download and utilize Cityworks and Civita to complete work orders and service requests pertaining to this Scope of Work. City staff will provide basic training to contractors .
Contractors shall have tablets and/or mobile phones to utilize in the field when completing all service requests and work orders, unless otherwise stated by the City.
Contractors shall adhere to all requirements of the City’s MS4 NPDES Permit while performing services under this contract. Contractors shall immediately notify the City should they become aware of any activities or events that may be deemed non-compliant.
C. CITY RESPONSIBILITIES
The City will provide information in its possession relevant to the completion of the tasks outlined in this RFP. In general, this includes, but is not limited to:
• Furnish scope of work and provide general direction as-needed to complete tasks • Furnish documents, data, maps, or other information relevant to the Scope of Services
• Provide access to stormdrain facilities
• Facilitate meeting space and coordination at City facilities
D. PREVAILING WAGES
These A greements are subject to compliance, monitoring and enforcement by the State of California Department of Industrial Relations. Contractors are required to inform themselves
City of Santa Ana RFP 26-018 Page A1-11 fully of the conditions relating to labor under which the work will be performed. In accordance with the California State Labor Code, prevailing wage rates apply per the following link:
http://www.dir.ca.gov/public-works/publicworks.html
Contractors shall provide certified payroll to the City upon invoicing. The City may not process invoices for payment until receipt of certified payroll.
E. LICENSE REQUIREMENTS
The selected Contractors shall at a minimum have a valid Class A General Engineering Contractors’ License. The Contractors shall list and provide all required City, County, State and Federal ID Numbers/Licenses/Permits related to this Contract, including but not limited to:
• EPA Identification Number
• EPA Acknowledgement of Notification of Hazardous Waste Activity • Hazardous Material Transportation License
• Hazardous Substances Removal & Remedial Actions Certification • California Contractors State License with “HAZ” Designation • California DMV License with ”H” Designation
F. SPECIAL REQUIREMENTS
ADDITIONAL WORK:
Upon request by the City, Contractors shall submit supplemental pr oposals for Additional Work not included in the Scope of Work of this Agreement. Contractors must obtain written approval prior to commencing any Additional Work.
USE OF SUBCONTRACTORS:
Subcontractors may be utilized for specialized work included in the Scope of Services (i.e. landscape and irrigation system maintenance /repair, pump system electrical and mechanical maintenance/repair, herbicide application, or others.). Contractors and their Subcontractor(s) must demonstrate adequate experience performing all services listed in the Scope of Services for public agencies. All proposed subcontractors shall be included in the Proposal and Fe e Proposal submitted by Contractors.
Mark-ups for subcontractor work shall not exceed ten percent (10%).
OTHER TERMS AND CONDITIONS:
1. All work shall be implemented in compliance with City of Santa Ana policies, as well as
City of Santa Ana RFP 26-018 Page A1-12 Prevailing Wage law and applicable State and Federal Requirements.
2. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission.
3. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and fee proposals.
4. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project.
5. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises.
All submitting Contractors must have established affirmative action programs approvable by the City. During the RFP stage, all Contractors will need to complete a “Certification of Non-Discrimination by Contractors” for each firm on their team.
City of Santa Ana RFP 26-018 Page A2-1
Appendix
ATTACHMENT 2
SAMPLE AGREEMENT
CONSULTANT AGREEMENT
CITY OF SANTA ANTA
THIS AGREEMENT is made and entered into this day of , 2026 by and between , (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. On _______, 2026, the City issued Request for Proposal No. 26-018, by which it sought a consultant to provide spill response, hazardous waste disposal, and storm drain facility maintenance services.
B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 26-018.
C. In undertaking the performance of this Agree ment, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting 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
On an on-call basis, and at the City’s sole discretion, Consultant shall perform the services described in the scope of work that was included in RFP No. 26-018, which is attached as Exhibit A, and as more specifically delineated in Consultant’s proposal, which is attached as Exhibit B and incorporated in full.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit C – Fee Schedule. The total annual sum to be expended under the term of this Agreement, including any extension periods, shall not exceed $ .
b. Payment by City shall be made within forty -five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures.
Payment need not be made for work which fails to meet the standards of City of Santa Ana RFP 26-018 Page A2-2
performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on , unless terminated earlier in accordance with Section 1 7, below. The term of this Agreement may be extended for two, one -year periods upon a writing executed by the City Manager and City Attorney.
4. PREVAILING WAGES
Consultant 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 t he total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
5. INDEPENDENT CONSULTANT
Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in whi ch Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non -exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship f ixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”) . Consultant shall require all sub consultants to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the sub consultant prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents City of Santa Ana RFP 26-018 Page A2-3
& Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
7. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subconsultants, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant’s operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single limit of not l ess than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.
c. Worker’s Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker’s compensation or to undertake self -insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer’s liabilit y insurance with limits not less than $1,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City.
(iii) Certificates and policies shall state that the policies shall not be cancelled City of Santa Ana RFP 26-018 Page A2-4
or reduced in coverage or changed in any other material aspect, by Consultant, without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement.
f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City’s election, to forthwith terminate this Agreement. Such termination shall not affect Consultant’s right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City.
8. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, Consultants, 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 ari se from the negligent operations of the Consultant or its subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damage s, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects , arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay al l 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 effect s arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.
Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligenc e, recklessness, or willful misconduct of the Consultant.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney’s fees, for infringement of any United States’ letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.
City of Santa Ana RFP 26-018 Page A2-5
10. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.
11. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information incl udes not only written information, but also information transferred orally, visually, elec tronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful pos session of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.
12. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
13. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
City of Santa Ana RFP 26-018 Page A2-6
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: (714) 647-6956
Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702
To Consultant:
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 posta ge 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 pur poses of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any inte rest 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 Ci ty’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City.
16. WAIVER
City of Santa Ana RFP 26-018 Page A2-7
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. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
18. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement.
Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
19. 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.
20. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of C alifornia, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and City of Santa Ana RFP 26-018 Page A2-8
exemptions. Said inability shall be cause for termination of this Agreement.
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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
________________________ _________________________
Clerk of the Council City Manager
APPROVED AS TO FORM CONSULTANT
City Attorney
By: _____________________ ____________________________ Name:
Title:
RECOMMENDED FOR APPROVAL
____________________________
Executive Director
Public Works Agency
City of Santa Ana RFP 26-018 Page A3-1 Appendix
ATTACHMENT 3-1: NON-COLLUSION AFFIDAVIT
CERTIFICATIONS
NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Note: The above Non-collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non-collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution.
Signed
State of California
County of
Subscribed and sworn to (or affirmed) before me on this day of , 20 , by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Notary Public Signature Notary Public Seal
City of Santa Ana RFP 26-018 Page A3-2 Appendix
ATTACHMENT 3-2: NON-LOBBYING CERTIFICATION
CERTIFICATIONS
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a “Disclosure of Lobbying Activities”.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly.
Firm
Signed and Printed Name:
Title
Date
City of Santa Ana RFP 26-018 Page A3-3 Appendix
ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION
CERTIFICATIONS
The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows:
1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or tr ansfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders.
6. In the event of the Consultant’s non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law.
7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted
City of Santa Ana RFP 26-018 Page A3-4
by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub-consultant or v endor as a r esult of su ch dir ection by the administering agency, the Consultant may r equest that the United States enter into such litigation to prot ect the interests of the United States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended,
No discrimination shall be made in the employment of persons upon public works because of race, r eligious creed, color, n ational origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter.
Signed:
Title:
Firm:
Date:
Appendix
ATTACHMENT 4
CONTRACT COMPARISON FORM
RFP NO. 26-018
SPILL RESPONSE, HAZARDOUS WASTE DISPOSAL, AND STORM
DRAIN FACILITY MAINTENANCE SERVICES
Proposers shall complete this form and include it as part of the fee proposal. This form will be used for fee comparison purposes and cost proposal scoring.
LABOR RATES OF CONTRACTOR PERSONNEL & EQUIPMENT RATES:
Classification
Hourly Rates
Straight Time Over-Time Premium Time
Project Manager
Supervisor
Lead Technician
Equipment Operator
Technician
Stake Bed Truck w/Liftgate
Vactor/Jetter Combo Truck
Catch Basin Cleaning Truck or Trailer
w/Vacuum and Pressure Washer
All personnel shall have a minimum of 40 hours HAZ-WOPER training as specified by 29 CFR 1910-120.
NOTES:
Rates above should include prevailing wage. If truck rate includes operator, please note that.
Straight Time: Monday through Friday, from 7:00 am to 4:00 pm.
Overtime: Monday through Friday, before 7:00 am and after 4:00 pm, and all day Saturday.
Premium Time: Sundays, City Holidays, and after 12 hours of work.
City of Santa Ana RFP 26-018 Page A4-1