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HomeMy WebLinkAbout25C - CONTRACT FOR GRAFFITI REMOVALREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 21, 2020 TITLE: AWARD A CONTRACT TO GRAFFITI PROTECTIVE COATINGS, INC., FOR GRAFFITI REMOVAL SERVICES FOR A THREE YEAR TERM IN THE ANNUAL AMOUNT OF $1,360,000 WITH FIVE ONE YEAR EXTENSIONS IN A TOTAL AMOUNT NOT TO EXCEED $10,880,000 FOR THE EIGHT YEAR TERM (GENERAL FUND) /s/ Kristine Ridge CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on god Reading ❑ Implementing Resolution ❑ Set Public Hearing For 1061►111►Is] g911C4V FILE NUMBER RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Graffiti Protective Coatings, Inc. for graffiti removal services for a three-year term beginning November 1, 2020 to October 31, 2023, in an annual amount of $1,280,000 with an $80,000 contingency, with provisions for five, one-year extensions exercisable by the City Manager, for a total amount not to exceed $10,880,000 for the eight -year maximum term, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency, Maintenance Services Division is responsible for citywide graffiti removal from public structures, the visible right-of-way and park facilities, and performs graffiti removal services 365 days a year. Graffiti removal services have been contracted since 2011 and provide removal at nearly 130,000 sites annually, with an average response time of 24 hours or less. Since 2014, the City has contracted Graffiti Protective Coatings, Inc. (GPC) to provide these services with the current agreement expiring on October 31, 2020. Annually, GPC removes graffiti from approximately 130,000 sites, of which 103,000 removals are proactive and 27,000 are in response to public service requests. The Santa Ana Municipal Code (Section 2-807.d Non -Bid Purchases) allows contracts to be exempted from competitive bidding through an open market purchase where vendors have been awarded the same type of purchase contract by another public agency after a competitive bidding process. The City of Long Beach, California awarded a contract for graffiti removal, whose 25C-1 Agreement with Graffiti Protective Coatings, Inc. July 21, 2020 Page 2 specifications meet the City's requirements, to Graffiti Protective Coatings, Inc. after a formal competitive bidding process in 2016 (Exhibit 1). The Public Works Agency would like to utilize the SAMC provision to award a contract to GPC (Exhibit 2) in the same amount as the City of Long Beach contract. GPC has consistently proven it can provide faster, higher quality service than its competitors by incorporating proprietary and innovative techniques in its operation. Services include 100 percent color matching and additional staffing resources during peak periods or emergency events such as the civil demonstrations in June 2020 where GPC provided five additional staff over several days at no extra charge to the City to remove several hundred graffiti items. This demonstrates their responsiveness and willingness to work with the City to provide a high level of service to the community. GPC also facilitates graffiti crime analysis and evidence gathering for Police Department investigations. GPC will provide the best quality service at a minimum cost to the City. For reference, the table below provides the contract amounts of comparable cities, the total number of sites abated and the cost to abate per site. Description Santa Ana GPC (Proposed) Long Beach GPC Tustin Urban Graffiti Torrance GPC Upland GPC Total Annual Contract Amount $1,279.120 $1,279,210 $184,000 $283,280 $80,017 Total Annual Sites Abated (219) 127,878 86,328 4,000 7,135 5,324 Cost Per Site Abated $10.00 $14.82 $46.00 $39.70 $15.03 In the event that this action is not approved, a Request for Proposals (RFP) will be issued, requiring approximately three months to process, with a service start date goal of November 1, 2020. This option is not recommended due to the possible negative impact in the provision and quality of service by a company not familiar with the unique graffiti removal needs of the City. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funding for this agreement is budgeted and available in the FY 2020-21 Council Approved Budget and will be budgeted in future years in the following accounts: 25C-2 Agreement with Graffiti Protective Coatings, Inc. July 21, 2020 Page 3 Fiscal Year Accounting Fund Accounting Unit - Account Amount Unit -Account # Description Description 2020-21 01117642-62300 General Graffiti Abatement Program, 906, 667 (Nov. 2020 to Fund Contract -Services Professional $ June 2021 2021-22 01117642-62300 General Graffiti Abatement Program, $1,360,000 Fund Contract -Services Professional 2022-23 01117642-62300 General Graffiti Abatement Program, $1,360,000 Fund Contract -Services Professional 2023-24 01117642-62300 General Graffiti Abatement Program, 453,333 (July 2023 to Fund Contract -Services Professional $ October 2023 Initial 3-Year Term - Subtotal $4,080,000 2023-24 01117642-62300 General Graffiti Abatement Program, 906,667 (November 2023 Fund Contract -Services Professional $ to June 2024 2024-25 01117642-62300 General Graffiti Abatement Program, $1,360,000 Fund Contract -Services Professional 2025-26 01117642-62300 General Graffiti Abatement Program, $1,360,000 Fund Contract -Services Professional 2026-27 01117642-62300 General Graffiti Abatement Program, $1,360,000 Fund Contract -Services Professional 2027-28 01117642-62300 General Graffiti Abatement Program, $1,360,000 Fund Contract -Services Professional 2028-29 01117642-62300 General Graffiti Abatement Program, 453,000 (July 2028 to Oct. Fund Contract -Services Professional $ 2029 Five, One -Year Extensions - Subtotal $ 6,800,000 Total $10,880,000 Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director— Finance and Management Services Agency Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Exhibits: 1. Agreement Long Beach, California 2. Agreement with Graffiti Protective Coatings, Inc. 25C-3 EXHIBIT i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT 34328 THIS AGREEMENT is made and entered, in duplicate, as of July 13, 2016, for reference purposes only, pursuant to a minute order adopted by the City Council of the City of Long Beach at its meeting on July 12, 2016, by and between GRAFFITI PROTECTIVE COATINGS, INC. a California corporation with a place of business at 419 N. Larchmont Boulevard, #264, Los Angeles, California 90004 ("Contractor"), and the CITY OF LONG BEACH, a municipal corporation ("City"). WHEREAS, City requires specialized services requiring unique skills to be performed in connection with graffiti removal services ("Project"); and WHEREAS, City has selected Contractor in accordance with City's administrative procedures using a Request for Proposals ("UP"), and City has determined that Contractor and its employees are qualified, licensed, if so required, and experienced in performing these specialized services; and WHEREAS, City desires to have Contractor perform these specialized services, and Contractor is willing and able to do so on the terms and conditions in this Agreement; NOW, THEREFORE, in consideration of the mutual terms, covenants, and conditions in this Agreement, the parties agree as follows: 1. SCOPE OF WORK OR SERVICES. A. Contractor shall furnish specialized services more particularly described in Exhibit "A", attached to this Agreement and incorporated by this reference, in accordance with the standards of the profession, and City shall pay for these services in an annual amount, not to exceed One Million Three Hundred Seventy Thousand Dollars ($1,370,000), at the rates or charges shown in Exhibit „B„ B. City shall pay Contractor in due course of payments following receipt from Contractor and approval by City of invoices showing the services or 1 ARW:bg A16-01543 L:Wpps\CtyLaw32\WPDocs\D014\P029\00646762.docx 25 _4 r,o Z V LL 7 oQ-q° UY oU WCrm owom W J N O 0 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 task performed, the time expended (if billing is hourly), and the name of the Project. Contractor shall certify on the invoices that Contractor has performed the services in full conformance with this Agreement and is entitled to receive payment. Each invoice shall be accompanied by a progress report indicating the progress to date of services performed and covered by the invoice, including a brief statement of any Project problems and potential causes of delay in performance, and listing those services that are projected for performance by Contractor during the next invoice cycle. Where billing is done and payment is made on an hourly basis, the parties acknowledge that this arrangement is either customary practice for Contractor's profession, industry or business, or is necessary to satisfy audit and legal requirements which may arise due to the fact that City is a municipality. C. Contractor represents that Contractor has obtained all necessary information on conditions and circumstances that may affect its performance and has conducted site visits, if necessary. D. By executing this Agreement, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. It the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services set forth in this Agreement. Should Contractor discover any latent or unknown conditions that will materially affect the performance of the services set forth in this Agreement, Contractor must immediately inform the City of that fact and may not proceed except at Contractor's risk until written instructions are received from the City. E. Contractor must adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, 2 ARW:bg A16-o1543 L:Wpps\CtyLaw32\WPDocs\D014\P029\00646762.docx 25 -rJ 1 2 3 4 5 6 7 8 9' 10 11 a O wv� 12 ff a v 13 U > o U Y ", U 14 0 Wpm a @ 15 Ow0M LU N O 16 �< 0 o M 17 M 18 19 20 21 22 23 24 25 26 27 28 materials, papers, documents, plans, studies and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the work by the City, except those losses or damages as may be caused by the City's own negligence. F. CAUTION: Contractor shall not begin work until this Agreement has been signed by both parties and until Contractor's evidence of insurance has been delivered to and approved by City. 2. TERM. The term of this Agreement shall commence at midnight on August 1, 2016, and shall terminate at 11:59 p.m. on July 31, 2019, unless sooner terminated as provided in this Agreement, or unless the services or the Project is completed sooner. The term can be extended for five (5) additional one-year periods, at the discretion of the City Manager. 3. COORDINATION AND ORGANIZATION. A. Contractor shall coordinate its performance with City's representative, if any, named in Exhibit "C", attached to this Agreement and incorporated by this reference. Contractor shall advise and inform City's representative of the work in progress on the Project in sufficient detail so as to assist City's representative in making presentations and in holding meetings on the Project. City shall furnish to Contractor information or materials, if any, described in Exhibit "D", attached to this Agreement and incorporated by this reference, and shall perform any other tasks described in the Exhibit. B. The parties acknowledge that a substantial inducement to City for entering this Agreement was and is the reputation and skill of Contractor's key employee, Barry Steinhart. City shall have the right to approve any person proposed by Contractor to replace that key employee. 4. INDEPENDENT CONTRACTOR. In performing its services, Contractor is and shall act as an independent contractor and not an employee, representative or agent of City. Contractor shall have control of Contractor's work and the 3 ARW:bg A16-01543 L\Apps\CtyLaw32\WPDocs\D014\P029\00646762.docx 25 —6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 manner in which it is performed. Contractor shall be free to contract for similar services to be performed for others during this Agreement; provided, however, that Contractor acts in accordance with Section 9 and Section 11 of this Agreement. Contractor acknowledges and agrees that (a) City will not withhold taxes of any kind from Contractor's compensation; (b) City will not secure workers' compensation or pay unemployment insurance to, for or on Contractor's behalf; and (c) City will not provide and Contractor is not entitled to any of the usual and customary rights, benefits or privileges of City employees. Contractor expressly warrants that neither Contractor nor any of Contractor's employees or agents shall represent themselves to be employees or agents of City. 5. INSURANCE. A. As a condition precedent to the effectiveness of this Agreement, Contractor shall procure and maintain, at Contractor's expense for the duration of this Agreement, from insurance companies that are admitted to write insurance in California and have ratings of or equivalent to AN by A.M. Best Company or from authorized non -admitted insurance companies subject to Section 1763 of the California Insurance Code and that have ratings of or equivalent to A:VIII by A.M. Best Company, the following insurance: (a) Commercial general liability insurance (equivalent in scope to ISO form CG 00 01 11 85 or CG 00 01 10 93) in an amount not less than $1,000,000 per each occurrence and $2,000,000 general aggregate. This coverage shall include but not be limited to broad form contractual liability, cross liability, independent contractors liability, and products and completed operations liability. City, its boards and commissions, and their officials, employees and agents shall be named as additional insureds by endorsement (on City's endorsement form or on an endorsement equivalent in scope to ISO form CG 20 10 11 85 or CG 20 26 11 85), and this insurance shall contain no special limitations on the scope of protection given to City, its boards and commissions, and their officials, employees and agents. This 4 L: pp\ClyLaw32\\WPDocs\D014\P029\00646762.doex 25C-7 > o W LL 00 U d z=a W Y m U F-aM0 m O w0m J N O 5 Of LL 2 J 0 U r M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 policy shall be endorsed to state that the insurer waives its right of subrogation against City, its boards and commissions, and their officials, employees and agents. (b) Workers' Compensation insurance as required by the California Labor Code and employer's liability insurance in an amount not less than $1,000,000. This policy shall be endorsed to state that the insurer waives its right of subrogation against City, its boards and commissions, and their officials, employees and agents. (c) Professional liability or errors and omissions insurance in an amount not less than $1,000,000 per claim. (d) Commercial automobile liability insurance (equivalent in scope to ISO form CA 00 01 06 92), covering Auto Symbol 1 (Any Auto) in an amount not less than $500,000 combined single limit per accident. B. Any self-insurance program, self -insured retention, or deductible must be separately approved in writing by City's Risk Manager or designee and shall protect City, its officials, employees and agents in the same manner and to the same extent as they would have been protected had the policy or policies not contained retention or deductible provisions. C. Each insurance policy shall be endorsed to state that coverage shall not be reduced, non -renewed or canceled except after thirty (30) days prior written notice to City, shall be primary and not contributing to any other insurance or self-insurance maintained by City, and shall be endorsed to state that coverage maintained by City shall be excess to and shall not contribute to insurance or self- insurance maintained by Contractor. Contractor shall notify City in writing within five (5) days after any insurance has been voided by the insurer or cancelled by the insured. D. If this coverage is written on a "claims made" basis, it must provide for an extended reporting period of not, less than one hundred eighty (180) 5 ARW:bg A16-01543 L:\Apps\CtyLaw32\WPDocs\D014\P029\00646762.docx 25 _Q T O Z c LL a ro 3- r T'O O U > o w rn z�Q W W 03 owom J U K v LL = J O U M M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 days, commencing on the date this Agreement expires or is terminated, unless Contractor guarantees that Contractor will provide to City evidence of uninterrupted, continuing coverage for a period of not less than three (3) years, commencing on the date this Agreement expires or is terminated. E. Contractor shall require that all sub -contractors or contractors that Contractor uses in the performance of these services maintain insurance in compliance with this Section unless otherwise agreed in writing by City's Risk Manager or designee. F. Prior to the start of performance, Contractor shall deliver to City certificates of insurance and the endorsements for approval as to sufficiency and form. In addition, Contractor shall, within thirty (30) days prior to expiration of the insurance, furnish to City certificates of insurance and endorsements evidencing renewal of the insurance. City reserves the right to require complete certified copies of all policies of Contractor and Contractor's sub -Contractors and contractors, at any time. Contractor shall make available to City's Risk Manager or designee all books, records and other information relating to this insurance, during normal business hours. G. Any modification or waiver of these insurance requirements shall only be made with the approval of City's Risk Manager or designee. Not more frequently than once a year, City's Risk Manager or designee may require that Contractor, Contractor's sub -Contractors and contractors change the amount, scope or types of coverages required in this Section if, in his or her sole opinion, the amount, scope or types of coverages are not adequate. H. The procuring or existence of insurance shall not be construed or deemed as a limitation on liability relating to Contractor's performance or as full performance of or compliance with the indemnification provisions of this Agreement. 6. ASSIGNMENT AND SUBCONTRACTING. This Agreement contemplates the personal services of Contractor and Contractor's employees, and the 6 L: pps\CtyLaw32\WPDocs\D014\P029\00646762.docx 25C-9 1 2 3 4 5 6 7 8 9 10 11 r T � z �t� 12 Ka`N 13 Q Z-o-w z3a 14 U y o V wpm = a m 15 Ow0m N> O 16 L = > 0 o M 17 M iE 19 20 21 22 23 24 25 26 27 28 parties acknowledge that a substantial inducement to City for entering this Agreement was and is the professional reputation and competence of Contractor and Contractor's employees. Contractor shall not assign its rights or delegate its duties under this Agreement, or any interest in this Agreement, or any portion of it, without the prior approval of City, except that Contractor may with the prior approval of the City Manager of City, assign any moneys due or to become due Contractor under this Agreement. Any attempted assignment or delegation shall be void, and any assignee or delegate shall acquire no right or interest by reason of an attempted assignment or delegation. Furthermore, Contractor shall not subcontract any portion of its performance without the prior approval of the City Manager or designee, or substitute an approved sub -Contractor or contractor without approval prior to the substitution. Nothing stated in this Section shall prevent Contractor from employing as many employees as Contractor deems necessary for performance of this Agreement. 7. CONFLICT OF INTEREST. Contractor, by executing this Agreement, certifies that, at the time Contractor executes this Agreement and for its duration, Contractor does not and will not perform services for any other client which would create a conflict, whether monetary or otherwise, as between the interests of City and the interests of that other client. And, Contractor shall obtain similar certifications from Contractor's employees, sub -Contractors and contractors. 8. MATERIALS. Contractor shall furnish all labor and supervision, supplies, materials, tools, machinery, equipment, appliances, transportation and services necessary to or used in the performance of Contractor's obligations under this Agreement, except as stated in Exhibit T". 9. OWNERSHIP OF DATA. All materials, information and data prepared, developed or assembled by Contractor or furnished to Contractor in connection with this Agreement, including but not limited to documents, estimates, calculations, studies, maps, graphs, charts, computer disks, computer source documentation, samples, models, reports, summaries, drawings, designs, notes, plans, information, material and 7 ARW:bg A16-01543 DApps\CtyLaw32\WPDocs\D014\P029\00646762.docx 25 —1 U } T O W WE 0 Q � N a��$ �U �o m rn wYmV K ham u 0WOE0 C)< 0 O U 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 memorandum ("Data") shall be the exclusive property of City. Data shall be given to City, and City shall have the unrestricted right to use and disclose the Data in any manner and for any purpose without payment of further compensation to Contractor. Copies of Data may be retained by Contractor but Contractor warrants that Data shall not be made available to any person or entity for use without the prior approval of City. This warranty shall survive termination of this Agreement for five (5) years. 10. TERMINATION. Either party shall have the right to terminate this Agreement for any reason or no reason at any time by giving fifteen (15) calendar days prior notice to the other party. In the event of termination under this Section, City shall pay Contractor for services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. The procedures for payment in Section 1.13. with regard to invoices shall apply. On the effective date of termination, Contractor shall deliver to City all Data developed or accumulated in the performance of this Agreement, whether in draft or final form, or in process. And, Contractor acknowledges and agrees that City's obligation to make final payment is conditioned on Contractor's delivery of the Data to City. 11. CONFIDENTIALITY. Contractor shall keep all Data confidential and shall not disclose the Data or use the Data directly or indirectly, other than in the course of performing its services, during the term of this Agreement and for five (5) years following expiration or termination of this Agreement. In addition, Contractor shall keep confidential all information, whether written, oral or visual, obtained by any means whatsoever in the course of performing its services for the same period of time. Contractor shall not disclose any or all of the Data to any third party, or use it for Contractor's own benefit or the benefit of others except for the purpose of this Agreement. 12. BREACH OF CONFIDENTIALITY. Contractor shall not be liable for a breach of confidentiality with respect to Data that: (a) Contractor demonstrates Contractor knew prior to the time City disclosed it; or (b) is or becomes publicly available without breach of this Agreement by Contractor; or (c) a third party who has a right to disclose does 8 ARW:bg A16-01543 L:Wpps\CtyLaw32\WPDocs\D014\P020\00646762.docx 25 —11 T O LU Z L 0 39 r< a-�:.s� } U j _z 0 W of K Ha- owom LU J N O L = � J 0Um M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 so to Contractor without restrictions on further disclosure; or (d) must be disclosed pursuant to subpoena or court order. 13. ADDITIONAL SERVICES. The City has the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the RFP or make changes by altering, adding to or deducting from the work. No extra work may be undertaken unless a written order is first given by the City, incorporating any adjustment in the Agreement Sum, or the time to perform this Agreement. Any increase in compensation of ten percent (10%) or less of the Agreement Sum, or in the time to perform of One Hundred Eighty (180) days or less, may be approved by the City Representative. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Contractor that the provisions of this paragraph do not apply to services specifically set forth in the RFP or reasonably contemplated in the RFP. Contractor acknowledges that it accepts the risk that the services to be provided pursuant to the RFP may be more costly or time consuming than Contractor anticipates and that Contractor will not be entitled to additional compensation for the services set forth in the RFP. 14. RETENTION OF FUNDS. Contractor authorizes the City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) any amounts the payment of which may be in dispute or that are necessary to compensate the City for any losses, costs, liabilities or damages suffered by the City, and all amounts for which the City may be liable to third parties, by reason of Contractor's acts or omissions in performing or failing to perform Contractor's obligations under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness exists that appears to be the basis for a claim of lien, the City may withhold from any payment due, without liability for interest because of the withholding, an amount sufficient to cover the claim. The failure of the City to exercise the right to deduct or to withhold will not, however, affect the obligations of Contractor to insure, indemnify and protect the City as elsewhere provided in this Agreement. ^/ 9 ARW:bL' pps\CtyL w132\WPDocs\D014\P029\00646762.docx 75�'_1 ` 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15. AMENDMENT, This Agreement, including all Exhibits, shall not be amended, nor any provision or breach waived, except in writing signed by the parties which expressly refers to this Agreement. 16. LAW. This Agreement shall be construed in accordance with the laws of the State of California, and the venue for any legal actions brought by any party with respect to this Agreement shall be the County of Los Angeles, State of California for state actions and the Central District of California for any federal actions. Contractor shall cause all work performed in connection with construction of the Project to be performed in compliance with (1) all applicable laws, ordinances, rules and regulations of federal, state, county or municipal governments or agencies (including, without limitation, all applicable federal and state labor standards, including the prevailing wage provisions of sections 1770 et seq. of the California Labor Code); and (2) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction. If any part of this Agreement is found to be in conflict with applicable laws, that part will be inoperative, null and void insofar as it is in conflict with any applicable laws, but the remainder of the Agreement will remain in full force and effect. 17. PREVAILING WAGES. A. Consultant agrees that all public work (as defined in California Labor Code section 1720) performed pursuant to this Agreement (the "Public Work"), if any, shall comply with the requirements of California Labor Code sections 1770 et seq. City makes no representation or statement that the Project, or any portion thereof, is or is not a "public work" as defined in California Labor Code section 1720. B. In all bid specifications, contracts and subcontracts for any such Public Work, Consultant shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type of worker needed to perform the Public Work, %� Q 10 L: pp \CtyLaw32\\WPDoc \D014\P029\00646762.dccx 2 rJ V —1 V W T O Z��� o� ¢a v �"2 F— m UY aU LLJ CO X m OWOm UJ J a Of N O LL = J O U M M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and shall include such rates in the bid specifications, contract or subcontract. Such bid specifications, contract or subcontract must contain the following provision: "It shall be mandatory for the contractor to pay not less than the said prevailing rate of wages to all workers employed by the contractor in the execution of this contract. The contractor expressly agrees to comply with the penalty provisions of California Labor Code section 1775 and the payroll record keeping requirements of California Labor Code section 1771." 18. ENTIRE AGREEMENT. This Agreement, including all Exhibits, constitutes the entire understanding between the parties and supersedes all other agreements, oral or written, with respect to the subject matter in this Agreement. 19. INDEMNITY. A. Consultant shall indemnify, protect and hold harmless City, its Boards, Commissions, and their officials, employees and agents ("Indemnified Parties"), from and against any and all liability, claims, demands, damage, loss, obligations, causes of action, proceedings, awards, fines, judgments, penalties, costs and expenses, arising or alleged to have arisen, in whole or in part, out of or in connection with (1) Consultant's breach or failure to comply with any of its obligations contained in this Agreement, including all applicable federal and state labor requirements including, without limitation, the requirements of California Labor Code section 1770 et seq. or (2) negligent or willful acts, errors, omissions or misrepresentations committed by Consultant, its officers, employees, agents, subcontractors, or anyone under Consultant's control, in the performance of work or services under this Agreement (collectively "Claims" or individually "Claim"). B. In addition to Consultant's duty to indemnify, Consultant shall have a separate and wholly independent duty to defend Indemnified Parties at Consultant's expense by legal counsel approved by City, from and against all Claims, and shall continue this defense until the Claims are resolved, whether by settlement, judgment or otherwise. No finding or judgment of negligence, fault, 11 L'Wpp\ClyLaw32\WPDocs\D014\P029\00646762.d0cx 25C-14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 breach, or the like on the part of Consultant shall be required for the duty to defend to arise. City shall notify Consultant of any Claim, shall tender the defense of the Claim to Consultant, and shall assist Consultant, as may be reasonably requested, in the defense. C. If a court of competent jurisdiction determines that a Claim was caused by the sole negligence or willful misconduct of Indemnified Parties, Consultant's costs of defense and indemnity shall be (1) reimbursed in full if the court determines sole negligence by the Indemnified Parties, or (2) reduced by the percentage of willful misconduct attributed by the court to the Indemnified Parties. D. The provisions of this Section shall survive the expiration or termination of this Agreement. 20. FORCE MAJEURE. If any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party's performance will be excused for a period equal to the period of such cause for failure to perform. 21. AMBIGUITY. In the event of any conflict or ambiguity between this Agreement and any Exhibit, the provisions of this Agreement shall govern. 22. NONDISCRIMINATION. A. In connection with performance of this Agreement and subject to applicable rules and regulations, Contractor shall not discriminate against any employee or applicant for employment because of race, religion, national origin, color, age, sex, sexual orientation, gender identity, AIDS, HIV status, handicap or disability. Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to these bases. These actions shall include, but not be limited to, the following: employment, upgrading, demotion f/� l/►- 12 L:Wpp \CtyL w132\WPDocs\D014\P029\00646762.docx 25C-1• 5 1 2 3 4 5 6 7 8 9 10 is >- >� O Z �LL 12 01 � a v 13 Zia 14 LU CO a 15 owom 0 ae 16 FL > 0 o�M 17 M 19 20 21 22 23 24 25 26 27 28 or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 23. EQUAL BENEFITS ORDINANCE. Unless otherwise exempted in accordance with the provisions of the Ordinance, this Agreement is subject to the applicable provisions of the Equal Benefits Ordinance (EBO), section 2.73 et seq. of the Long Beach Municipal Code, as amended from time to time. A. During the performance of this Agreement, the Consultant certifies and represents that the Consultant will comply with the EBO. The Consultant agrees to post the following statement in conspicuous places at its place of business available to employees and applicants for employment: "During the performance of a contract with the City of Long Beach, the Consultant will provide equal benefits to employees with spouses and its employees with domestic partners. Additional information about the City of Long Beach's Equal Benefits Ordinance may be obtained from the City of Long Beach Business Services Division at 562-570-6200." B. The failure of the Consultant to comply with the EBO will be deemed to be a material breach of the Agreement by the City. C. If the Consultant fails to comply with the EBO, the City may cancel, terminate or suspend the Agreement, in whole or in part, and monies due or to become due under the Agreement may be retained by the City. The City may also pursue any and all other remedies at law or in equity for any breach. D. Failure to comply with the EBO may be used as evidence against the Consultant in actions taken pursuant to the provisions of Long Beach Municipal Code 2.93 et seq., Contractor Responsibility. E. If the City determines that the Consultant has set up or used its contracting entity for the purpose of evading the intent of the EBO, the City may terminate the Agreement on behalf of the City. Violation of this provision may be used as evidence against the Consultant in actions taken pursuant to the provisions 13 ARW:bg A16-01543 L:\Apps\CtyLaw32\WPDocs\D014\P029\00646762.dccx 25 —16 % T o W N lL ¢'a U m 52 U LU r m Ow0m J N> LU O LLS> J O U M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of Long Beach Municipal Code Section 2.93 et seq., Contractor Responsibility. 24. NOTICES. Any notice or approval required by this Agreement shall be in writing and personally delivered or deposited in the U.S. Postal Service, first class, postage prepaid, addressed to Contractor at the address first stated above, and to City at 333 West Ocean Boulevard, Long Beach, California 90802, Attn: City Manager, with a copy to the City Clerk at the same address. Notice of change of address shall be given in the same manner as stated for other notices. Notice shall be deemed given on the date deposited in the mail or on the date personal delivery is made, whichever occurs first. 25. COVENANT AGAINST CONTINGENT FEES. Contractor warrants that Contractor has not employed or retained any entity or person to solicit or obtain this Agreement and that Contractor has not paid or agreed to pay any entity or person any fee, commission or other monies based on or from the award of this Agreement. If Contractor breaches this warranty, City shall have the right to terminate this Agreement immediately notwithstanding the provisions of Section 10 or, in its discretion, to deduct from payments due under this Agreement or otherwise recover the full amount of the fee, commission or other monies. 26. WAIVER. The acceptance of any services or the payment of any money by City shall not operate as a waiver of any provision of this Agreement or of any right to damages or indemnity stated in this Agreement. The waiver of any breach of this Agreement shall not constitute a waiver of any other or subsequent breach of this Agreement. 27. CONTINUATION. Termination or expiration of this Agreement shall not affect rights or liabilities of the parties which accrued pursuant to Sections 7, 10, 11, 18, 21 and 28 prior to termination or expiration of this Agreement. 28. TAX REPORTING. As required by federal and state law, City is obligated to and will report the payment of compensation to Contractor on Form 1099-Misc. Contractor shall be solely responsible for payment of all federal and state taxes resulting from payments under this Agreement. Contractor shall submit Contractor's Employer 14 ARW:bg A16-01543 UApps\CtyLaw32\WPDocs\D014\P029\00646762.docx 25 -1 7 1 2 3 4 5 6 7 8 9 10 is i T O z a 12 a N 13 U j o z_ 50 a 14 w200 n m 15 owom N O 16 LL 2> > J o M 17 M 18 19 20 21 22 23 24 25 26 27 28 Identification Number (EIN), or Contractor's Social Security Number if Contractor does not have an EIN, in writing to City's Accounts Payable, Department of Financial Management. Contractor acknowledges and agrees that City has no obligation to pay Contractor until Contractor provides one of these numbers. 29. ADVERTISING. Contractor shall not use the name of City, its officials or employees in any advertising or solicitation for business or as a reference, without the prior approval of the City Manager or designee. 30. AUDIT. City shall have the right at all reasonable times during the term of this Agreement and for a period of five (5) years after termination or expiration of this Agreement to examine, audit, inspect, review, extract information from and copy all books, records, accounts and other documents of Contractor relating to this Agreement. 31. THIRD PARTY BENEFICIARY. This Agreement is not intended or designed to or entered for the purpose of creating any benefit or right for any person or entity of any kind that is not a party to this Agreement. 15 ARW:bg A16-01543 L:Wpps\CtyLaw32\WPDocs\D014\P029\00646762.docx 25 -1 Q V 1 2 3 4 5 6 7 8 9 10 i r T Q z ALL, 12 1�`° 0' �a v 13 � Sao }C) >o a 14 W Y 00 15 Ow0m N O 16 LL = > J o M 17 M ift 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties have caused this document to be duly executed with all formalities required by law as of the date first stated above. 2016 4 4 1 2016 J3 tt 2016 I GRAFFITI P a Califor By Nam Title By !� Name Title "Contractor" COATINGS, INC. CITY OF LONG BEACH, a municipal corporation EXECUTED PURSUANT By / SECTION 301 OF City Manager "'' 'FrARTera' "City" Assistant City. Manc This Agreement is approved as to form on 2016. CHAR SPAR I City Attorney By Deputy 16 ARW:bg A16-01543 L:l4pps\CtyLaw32\WPDocs\D014\P029\00646762.docx 2 — 1 0 Y EXHIBIT "A" Scope of Work 25C-20 may, City of Long Beach Purchasing Division 333 West Ocean Boulevard, 71h Floor o Long Beach, CA 90802 3. SCOPE OF PROJECT The services shall consist of providing proactive and reactive professional graffiti removal services throughout the City of Long Beach; specifically high quality workmanship that leaves no traces of past vandalism. The Contractor providing the service shall coordinate work with the appropriate governmental agencies, City staff, private property owners, and/or tenants of properties of the project site(s). For each service call from the community, the Contractor shall complete the requested graffiti removal services within twenty-four (24) hours unless due to inclement weather, size of site, or any other reason, the Contractor shall notify the Project Manager and/or his/her designee with the status of the site prior to the end of the twenty-four (24) hour timeline. As part of the scope of work for this project, the awarded Contractor shall have both a valid California C-33 Painting and Decorating License and a C-61/D-38 Limited Specialty Classification for Sand and Water Blasting the time of the proposals being submitted. Contractors shall include a photocopy of the license in the proposal. I. SPECIFIC REQUIREMENTS Contractor shall: a. Remove or paint over all types of graffiti in compliance with all Federal, State, and local laws at locations in the City of Long Beach. Contractor shall provide all labor, materials, and equipment necessary to perform graffiti removal services according to accepted industry standards. b. Remove graffiti from public structures, visible right-of-way, including but not limited to: i. Public buildings, monuments, and facilities; ii. Street light poles iii. Traffic signal poles or controller boxes; iv. Concrete structures (i.e. City -owned sidewalks, streets, bridges, overpasses, and flood channel facilities, etc.); v. City -owned utility boxes; vi. Guardrails; vii. Traffic signs (poles and back of signs); viii. Trails c. Perform graffiti removal work on private structures. As authorized, remove graffiti from private structures, visible from the right-of-way, including, but not limited to: i. Exterior walls; ii. Fences iii. Sidewalks iv. Windows; v. Trash receptacles; RFP No. PW16-144 Graffitioal ivices Page 5 of Long Beach 0City Purchasing Division 333 West Ocean Boulevard, 71h Floor Long Beach, CA 90802 vi. Utility boxes and covers; vii. Doors; and viii. Flag poles. Work on private property, as requested by Project Manager and/or his/her designee, may require a Consent form signed by the owner. If required, the Contractor shall obtain the signature of the property owner on the consent form prior to beginning work. When required, original consent forms shall be returned to the Project Manager and/or his designee on a weekly basis and are the property of the City. Consent forms will be provided at the time they are needed, if and when required. The Project Manager and/or his/her designee are the only authorized Requestors for work to be completed on private property. d. City Parks and Marinas At the City's discretion, if funded and approved, Proposer will remove graffiti in the Parks not visible from the right -or -way, including, but not limited to: i. Restrooms — Interior and Exterior; ii. Park Exterior Facilities (snack bars, storage closets, recreation buildings); iii. Concrete structures (i.e. sidewalks, paths, bridges, trails); iv. Bike Paths; v. Walking Paths; vi. Bleachers; vii. Baseball/Softball Diamonds; viii. Trash receptacles; ix. Rocks; x. Doors; A. Fences: xii. Windows; xiii. Utility boxes and covers; xiv. Signs (poles and back of); xv. Playground equipment; xvi. Benches, and; xvii. Park Trees The above work will be priced separately from Pricing Section Grand Total Price in Exhibit 1. e. Unless notified otherwise by the Project Manager and/or his/her designee, graffiti shall be removed so no trace of the pre-existing graffiti remains. f. Protect the surfaces adjacent to the area to be abated. RFP No. PW16-144 Graffitj j2evca_la &es Page 6 City of Long Beach (Q Purchasing Division 333 West Ocean Boulevard, 71h Floor Long Beach, CA 90802 g. Abate the entire surface in the event that the graffiti covers a significant area of the surface. The Project Manager or his/her designee shall determine whether or not an entire surface will be abated on a case by case basis. Ensure protection of the work area at all times, including, but not limited to: i. Barricade the area of work at safe distances, so as to prevent unauthorized access to the area; ii. Barricade area of work within the public right-of-way; iii. Using warning signs and safety cones to inform the public of work being conducted; iv. Immediately correct damage to the work site; v. Leave work site in undamaged condition; vi. Post signage to identify wet paint; vii. Remove all equipment and materials when leaving work each day. viii. Dispose of all packaging, containers and excess materials in accordance with applicable laws, regulations, ordinances, codes, and any other legislative or statutory requirements. Materials rinse residue shall be collected and disposed of appropriately. i. Meet with City Project Manager and/or his/her designee when requested at mutually agreed upon dates and times. j. Contain and dispose of all sand, water, or other materials used in blasting or pressure washing operations in accordance with local, State, and Federal regulations. k. Correct any damage to public or private property as a result of Contractor's operations at the sole expense of the Contractor. Apply anti -graffiti coatings, as required, by the Project Manager and/or his/her designee. m. Conduct operations with least possible obstruction and inconvenience to the public, and barricade no greater area of work than necessary. n. Provide and maintain fences, barriers, directional signs, lights, and flag persons as necessary to give adequate warning to the public at all times of any dangerous conditions to be encountered as a result of the work and to give directions to the public. Any road break permits required shall be the responsibility of the Contractor. o. Conduct full-time daily proactive surveillance at Contractor's expense. p. Working hours shall be no earlier than 6:00 a.m. and no later than 5:00 p.m. On weekends and holidays, the Contractor shall respond to all GO Long Beach mobile phone application and graffiti telephone hotline requests received by 12:00 noon. RFP No. PW16-144 Graffit t=l i4�vices Page 7 f °x City of Long Beach 4Pt Purchasing Division 333 West Ocean Boulevard, 7ch Floor Long Beach, CA 90802 q. On Weekends and holidays when City Hall is closed, the Contractor shall retrieve and respond to all graffiti telephone hotline requests received by 12:00 noon. On weekends, Contractor will respond to graffiti removal request received between 12:00 noon on Saturdays and 12 noon on Sundays within 24 hours. City Holidays observed: New Year's Day, Martin Luther King Jr. Birthday, Presidents Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and following Friday, and Christmas Day. The Project Manager and/or his/her designee orthe Police Department may designate sites as needing an emergency response for profanity and/or hate. An emergency work order will be issued immediately and will have first priority for graffiti removal on the same day, within four hours. s. Should the Contractor fail to correct deficiencies or public nuisances that have been created because of their operations, the City will proceed to take corrective measures and this project will be considered an emergency. Such work will be done on a staff account basis with an additional call out charge of $75.00 for each call out. It should be noted that there is a minimum of a two-hour charge for labor for any call out. II. WEB BASED WORK ORDER MANAGEMENT SYSTEM a. Contractor shall provide a real-time web based work order system for receiving, tracking, and closing work orders which City personnel may access. System must allow multiple photos per work order number. Systems shall be capable of receiving and responding to GO Long Beach mobile application requests. b. Work orders shall include i. Location or address; ii. Before and after photos; iii. Date and time of work order creation; iv. Date and time of removal performed; v. Response time in hours; vi. City department; vii. City contact name; viii. Date and time of request; ix. Date and time of work performed; x. Square footage; A. Surface type; xii. Public or private property; xiii. Brief description of graffiti; xiv. Description of remedy, and xv. Gang tag ID RFP No. PW16-144 GraffiAt=iervices Page 8 N City of Long Beach Purchasing Division 333 West Ocean Boulevard, 71h Floor Long Beach, CA 90802 c. Work order system shall include personalized secure client logins, and City personnel may monitor City work orders and projects. d. Location shall include a Global Positioning System (GPS) link attached to Google or other commonly used online mapping application. e. Web based system must be able to show: i. All work order status; ii. Maps of zones as provided by City; iii. Response time to work orders; iv. Costs by zones; v. Square footage cleaned by zones; vi. Custom graphs and reports to include, but not limited to; vii. Total Locations received from Graffiti Hotline; viii. Total Location received from App ix. Total square footage removed x. Average response time for service calls through Graffiti Hotline/App 1. Same Day Response 2. Within 24 Hours 3. Within 48 Hours 4. Over 48 Hours and/or referred to other Agencies A. Maps in Google Earth; xii. Provide reports to be used for auditing purposes as requested by the Project Manager and/or his/her designee as mutually agreed upon between Contractor and City of Long Beach. xiii. Provide reports to Project Manager and/or his/her designee on a quarterly basis of Contractor's personnel with access to application (Go Long Beach) and web based work order management system including level of access for each individual. f. The City shall have access to this data following completion of the work order for a period of three years. In the case of FEMA cost recovery for any disaster related costs, the City shall have access to this data until case(s) are closed. g. All data collected in the database for this project is the property of the City of Long Beach. 111. MOBILE APPLICATION TOOL a. Contractor shall provide a mobile application free for City personnel and the general public. b. The application shall allow for the submission of photos of graffiti electronically into the Contractor's Work Order System. RFP No. PW16-144 Graffilft_al vices Page 9 ��s City of Long Beach r Purchasing Division 333 West Ocean Boulevard, 7th Floor Long Beach, CA 90802 c. Reporting party shall automatically receive an electronic response with all before and after photos once the work has been completed. d. The application shall be available in iOS and Android platforms, including, but not limited to Apple iPhone and Google Android mobile devices. e. Mobile requests are to be electronically submitted to work order system and assigned a work order number in real time. f. Upon completion, a "Thank You" note with all before and after photos are to be transmitted electronically to the resident's email address. g. Responding email must have a feedback link to an electronic survey that allows residents to rate services and response time. h. App shall have flexibility to allow reporting of other Public Services Requests at no additional cost to the City. i. App must be available on the App Store and Android marketplace at the cost of the Contractor. j. App must be a native iOS and Android app, mobile webpages requiring the public's data usage from their browser are not acceptable alternatives. k. A web link is to be included that allows residents to submit their requests directly on the City's website. I. Contractor must be able to demonstrate all aspects of the web based work order system and mobile app through a working version of the software prior to award of RFP, and must include Smartphone app names and contact information for a minimal of three (3) municipal customers of similar size that have used the Contractor's software for at least 12 months. IV. DELIVERABLES a. A minimum of at least two hundred (200) hours of weekly weekday service by way of work orders, surveillance and necessary abatement will be required as part of the contract for the City. This shall be furnished by providing five (5) trucks with each truck performing forty (40) hours of weekly service during weekdays. b. A minimum of at least forty (40) hours of weekly weekday service by way of work orders, surveillance and necessary abatement will be required as part of the contract for Department of Parks, Recreation and Marine. This will be furnished by providing one (1) truck with each truck performing forty (40) hours of weekly service during weekdays. RFP No. PW16-144 Graffitj( jr}gvaLservices Page 10 Ki �a,r City of Long Beach '_ _- Purchasing Division _' 333 West Ocean Boulevard, 7ch Floor ,�o ', Long Beach, CA 90802 c. In addition, a minimum of eight (8) hours of daily weekend and Holiday surveillance will be required as part of this contract. The surveillance activities will be done at the Contractor's cost. d. Contractor(s) shall provide online access to before and after digital photograph files, mapped locations, billing information, etc. in a real-time environment for graffiti removal work done for the City. Digital photographs shall be clearly labeled as public or private, before or after, and with the exact location of the graffiti, and shall reference any work order number associated with the removal. All photographs shall be date and time stamped. All photographs shall show enough of the surrounding area of structure to determine size and location on the facility. Contractor is to provide real- time mapping of all graffiti removal via Google maps or other commonly used mapping. e. The Contractor will prepare and submit to each City department or agency a report of surveillance activities performed during the month. This report will provide the following basic information: I. Amount of time spent on surveillance per week; ii. Areas covered in the surveillance; iii. Dates and time that surveillance took place; and iv. Graffiti found and location of the graffiti V. INVOICING a. Contractor shall invoice the requesting department monthly unless otherwise advised, upon satisfactory receipt of product and/or performance of services. b. City will use best efforts to make payment within thirty days following receipt and review of invoice and upon complete satisfactory receipt of product and performance of services. c. City shall notify Contractor of any adjustments required to invoice. d. Invoices shall contain Blanket PO number, invoice number, remit to address and itemized products and/or services description and price as quoted and shall be accompanied by acceptable proof of delivery. e. Contractor shall utilize standardized invoice template upon request. f. Invoices shall only be issued by Contractor who is awarded a contract. g. Payments will be issued to and invoices must be received from the same Contractor whose name is specified on the PO's. RFP No. PW16-144 Graffif�' W aiivices Page 11 Q City of Long Beach Purchasing Division 333 West Ocean Boulevard, 7ch Floor Long Beach, CA 90802 h. The City will pay Contractor monthly or as agreed upon, not to exceed the total quoted in the RFP response. Contractor(s) shall provide a spreadsheet with each month invoice showing the following; L Showing each location or address serviced; ii. Number of the service request associated with removal if any; iii. Type of removal; iv. Date; v. Notes; vi. Square footage cleaned; and vii. Method of removal VI. PERFORMANCE REQUIREMENTS The successful Contractor(s) shall clearly demonstrate ability to: a. Receive service requests on a twenty-four (24) hour basis via app, fax, or e-mail; Prepare surfaces and paint over graffiti with a color matching the existing covering, or remove graffiti with appropriate cleaners, removers, etc.; c. Protect surfaces, landscaping, and personal property adjacent to graffiti removal locations; d. Properly clean-up work areas, and dispose of paints, chemicals, solvents and cleaning agents utilized in performing the graffiti removal per local, state and Federal regulations; and e. Accurately track and report the work location, scope, quantity of work performed, and employment utilization. VII. ACCOUNT MANAGER / SUPPORT STAFF / WORK TRUCK CREW a. Contractor shall provide a dedicated competent account manager who shall be responsible for the City account/contract. The account manager shall receive orders from City and shall be the primary contact for all issues regarding Proposer's response to this RFP and any contract which may arise pursuant to this RFP. Contractor shall designate one specific truck/individual to oversee and inspect work performed by Contractor's personnel assigned to this contract. The representative shall be immediately available during work activities to receive communications from the Project Manager and/or his/her designee. All Contractor staff shall have a cell phone in order to be contacted by the Project Manager and/or his/her designated staff. RFP No. PW16-144 Graffitj, jZff=I S�ices Page 12 N e h City of Long Beach Purchasing Division 333 West Ocean Boulevard, 7ch Floor Long Beach, CA 90802 c. The Contractor shall utilize only trained, competent employees in the performance of this contract. At the request of the City, the Contractor shall remove from assignment to this contract any incompetent, abusive, or disorderly employee whether supervisory or non -supervisory. Any person assigned to this contract found to be in possession of and/or under the influence of intoxicants or narcotics shall be removed from assignment to this contract. This person may be subject to arrest and criminal prosecution. Personnel employed by the Contractor shall be screened and are not to perform services under the contract without prior approval from the Contract Representatives. All employees' performing services must undergo a criminal background investigation by the Long Beach Police Department prior to service under this contract. f. Contractor shall also provide adequate, competent support staff that shall be able to service the City during normal working hours, Monday through Friday. Such representative(s) shall be knowledgeable about the contract, products offered and able to identify and resolve quickly any issues including but not limited to order and invoicing problems. g. Contractor account manager shall be familiar with City requirements and standards and work with the Project Manager and/or his/her designee to ensure that established standards are adhered to. h. Contractor account manager shall keep the City Project Manager informed of requests from departments as required. Vlll. EQUIPMENT a. The Contractor's vehicles and equipment shall be neat in appearance and easily identified. Identification of the contractor's vehicles shall consist of, at minimum, company name, local telephone number, and contract services provided by City of Long Beach in print no less than eight (8) inches tall. b. The Contractor shall maintain its vehicles and equipment in safe and mechanically sound condition. c. The Contractor shall provide all personnel, vehicles, supplies, and equipment necessary to perform services. RFP No. PW16-144 GraffigUaffices Page 13 EXHIBIT "B" Rates or Charges 25C-30 EXHIBIT 1 CITY OF LONG BEACH REQUEST FOR PROPOSALS GRAFFITI REMOVAL AND ABATEMENT PROPOSER'S CERTIFICATION and PROPOSAL ITEM PRICING Certification — I certify that I have read, understand, and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Project and I am familiar with the scope of work locations. I am familiar with all the existing condition and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions, or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price —Pricing shall be based on a unit cost for services described in Scope of Project. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. COST SHALL BE SUBMITTED ON ATTACHMENT F AS IS. NO ALTERATIONS OR CHANGES OF ANY KIND ARE PERMITTED. RFP responses that do not comply will be subject to rejection in total. The cost quoted below shall include all taxes and all other charges, including travel expenses, and is the cost the City will pay for the three- year term of any contract that is a result of this RFP. Price increase shall not exceed I % during the first renewal period. Price increase shall not exceed • Price increase shall not exceed • Price increase shall not exceed Price increase shall not exceed ? % during the second renewal period. Z % during the third renewal period. L % during the fourth renewal period. L % during the fifth renewal period. Quantities listed herein are annual estimates based on past usage and are not to be construed as commitment. No minimum or maximum is guaranteed or implied. Proposer hereby certifies to City that all representations, certifications, and statements made by Proposer, as set forth in this RFP Form and attachments are true and correct and are made under penalty of perjury pursuant to the laws of California. Page 1 25C-31 V� AtUp 109q'c' EXHIBIT 1 — GRAFFITI REMOVAL'- CITY Item 'TOTAL TOT/ No. Description UNUV UNITIRRI.CE ��1NEEKLY.t~=ANNUII PRIDE Weekly cost for one truck, for 40 hours Weekly per week (8 hours per day), for Weekday for weekday service to perform proactive 1 service graffiti abatement (as outlined in truck; 40 B times (x) 5 C times (x) 52 Section I; a, b and c of RFP) for the hours per 3 10 trucks 'T weeks 990 boo 1 Cit of Long Beach _LPublic WorksJ.__ week $ $ 1 $ Daily cost per truck for 8 hours a day for weekend (Saturday & Sunday) and Holiday service to perform proactive Daily graffiti abatement (as outlined in Weekend and B times (x) 1 !, C times (x) 113 Section I; a, b and c of RFP for the Holiday for 1 Fi il C trucks days d 2 Cityof Lon Beach Public Works . service truck $ $ oo $ 60 PRICING SECTION - GRAND TOTAL PRICE - CITY GRAFFITI ABATEMENT GRAND TOTAL PRICE (Column C) $ Td GRAF.FITCREMOVAL -CITY PARKS AND MARINAS Item No. Description A ' yUNIT ",UNI1 B RRICE.-.'WEEKLY TOTAL �.... C = TOTAL ANNU%11 P_RIGC= Weekly cost per truck, for 40 hours per Weekly�gi; I'to week, for weekday service to perform Weekday for Nr�k proactive graffiti removal in the Parks 1 service and Marinas for services as outline in truck; 40 B times (x) 1 C times (x) 12 Section 1; d in Scope of Project of hours per � "j 0 trucks .� months 1 RFP. week $ $ Flo $ i 7 2d _ Daily cost per truck for 8 hours a day for weekend (Saturday & Sunday) and Holiday service to perform proactive graffiti removal in the Parks and Daily Marinas for services as outline in Weekend and B times (x) 1 C times (x) 113 Section I; d in Scope of Project of Holiday for 1 g trucks days 2 RFP.. service truck $ $ c $ 0 y0o PRICING SECTION - GRAND TOTAL PRICE - PARKS & MARINAS GRAFFITI ABATEMENT GRAND TOTAL PRICE (Column C) $ 0 Page 2 25C-32 L%AU- �Witu�- x"l-IP EXHIBIT 1 GRAFFITI REMOVAL -'OTHER DEPARTMENTS'' Item No. Description UNIT ' UNIT Pk['--_E' Hourly rate for weekday service to perform proactive graffiti abatement Hourly (as outlined in Section I; a, b and c) for Weekday for other departments within the City on 1 service $ c o 1 an as -needed basis. truck $ Hourly rate for weekend (Saturday & Sunday) and Holiday service to perform proactive graffiti abatement Hourly (as outlined in Section I; a, b and c) for Weekend and other departments within the City on Holiday for 1 2 an as -needed basis. service truck $ Page 3 25C-33 EXHIBIT c4U City's Representative: Arthur Cox, Superintendent (562) 570-2784 25C-34 EXHIBIT "D" Materials/Information Furnished: None 25C-35 EXHIBIT 2 CONTRACTOR AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 21st day of July, 2020 by and between Graffiti Protective Coatings, Inc. ("Consultant"), a California Corporation, and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in connection with graffiti removal services B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor wider this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The annual sum to be expended under this Agreement shall not exceed $1,360,000.00 per year, and the total sum expended shall not to exceed 510,880,000.00 during the entire term of this Agreement, including any extension periods exercised under Section 3. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Page I of 9 25C-36 3. TERM This Agreement shall commence on November 1, 2020 for a three (3) year term with the option for the City to grant up to five one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"), Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 9 25C-37 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor 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 Contractor'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, and representatives as additional insured(s); (b) be primary and not contributory 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 less 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 provisions of Section 3700 of the Labor Code, Contractor, if Contractor 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, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor 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 Contractor pursuant to this section: i. Contractor 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 canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Contractor shall supply City with a fully executed additional insured Page 3 of 9 25C-38 endorsement. f. If Contractor 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 Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor 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 Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by Page 4 of 9 25C-39 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 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. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, 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. 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 Page 5 of 9 25C-40 party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 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. Page 6 of 9 25C-41 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. i�IO�u i �Y�11111h1 �C1111, ' ; 1]% F.`I(Ilr�y 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. 21. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1998 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-5635 Page 7 of 9 25C-42 To Contractor: Carla Lenhoff President Graffiti Protective Coatings, Inc. 419 N Larchmont Blvd., #264 Los Angeles, CA 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney � By: Jr`� Jose Montoya Deputy City Attorney RECOMMENDED FOR APPROVAL Nabit Saba, P.E. Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONTRACTOR: f' L of P resic ent 25C-43 Page 8 of 9 EXHIBIT A Scope of Services 25C-44 �r,^... h.. r City of Santa Ana Purchasing Division 20 Civic Center Plaza Santa Ana, CA 92701 The services shall consist of providing proactive and reactive professional graffiti removal services throughout the City of Santa Ana; specifically high quality workmanship that leaves no traces of past vandalism. The Contractor providing the service shall coordinate work with the appropriate governmental agencies, City staff, private property owners, and/or tenants of properties of the project site(s). For each service call from the community, the Contractor shall complete the requested graffiti removal services within twenty-four (24) hours unless due to inclement weather, size of site, or any other reason, the Contractor shall notify the Project Manager and/or his/her designee with the status of the site prior to the end of the twenty-four (24) hourtimeline. As part of the scope of work forthis project, the awarded Contractor shall have both a valid California C-33 Painting and Decorating License and a C-6110-38 Limited Specialty Classification for Sand and Water Blasting the time of the proposals being submitted. Contractors shall include a photocopy of the license in the proposal. 1. SPECIFIC REQUIREMENTS Contractor shall: a. Remove or paint over all types of graffiti in compliance with all Federal, State, and local laws at locations in the City of Santa Ana. Contractor shall provide all labor, materials, and equipment necessary to perform graffiti removal services according to accepted industry standards. b. Remove graffiti from public structures, visible right-of-way, including but not limited to: i. Public buildings, monuments, and facilities; i. Street light poles iii. Traffic signal poles or controller boxes; iv. Concrete structures (i.e. City -owned sidewalks, streets, bridges, overpasses, and flood channel facilities, etc.); v. City -owned utility boxes; vi. Guardrails; vii. Traffic signs (poles and back of signs); viii. Trails c. Perform graffiti removal work on private structures. As authorized, remove graffiti from private structures, visible from the right-of-way, including, but not limited to: i. Exterior walls; ii. Fences iii. Sidewalks iv. Windows; v. Trash receptacles; Graffiti Rem al Services Page 5 256-45 ,-fit•, City of Santa Ana Purchasing Division �n 20 Civic Center Plaza Santa Ana, CA 92701 vi. Utility boxes and covers; vii. Doors; and viii. Flag poles. Work on private property, as requested by Project Manager and/or his/her designee, may require a Consent form signed by the owner. If required, the Contractor shall obtain the signature of the property owner on the consent form prior to beginning work, When required, original consent forms shall be returned to the Project Manager and/or his designee on a weekly basis and are the property of the City. Consent forms will be provided at the time they are needed, if and when required. The Project Manager and/or his/her designee are the only authorized Requestors for work to be completed on private property. d. City Parks At the City's discretion, if funded and approved, Proposer will remove graffiti in the Parks not visible from the right -or -way, including, but not limited to: i. Restrooms - Interior and Exterior; ii. Park Exterior Facilities (snack bars, storage closets, recreation buildings), iii. Concrete structures (i.e. sidewalks, paths, bridges, trails); iv. Bike Paths; v. Walking Paths; vi, Bleachers; vii. Baseball/Softball Diamonds; viii. Trash receptacles; ix. Rocks; x. Doors; xi. Fences; xii. Windows; xiii. Utility boxes and covers; xiv. Signs (poles and back of), xv. Playground equipment; xvi. Benches, and; xvii. Park Trees The above work will be priced separately from Pricing Section Grand Total Price in Exhibit 1. e. Unless notified otherwise by the Project Manager and/or his/her designee, graffiti shall be removed so no trace of the pre-existing graffiti remains. f. Protect the surfaces adjacent to the area to be abated. Graffiti Removal Services Page 6 25C-46 " City of Santa Ana Purchasing Division s --. 20 Civic Center Plaza Santa Ana, CA 92701 g. Abate the entire surface in the event that the graffiti covers a significant area of the surface, The Project Manager or his/her designee shall determine whether or not an entire surface will be abated on a case by case basis. h. Ensure protection of the work area at all times, including, but not limitedto: i. Barricade the area of work at safe distances, so as to prevent unauthorized access to the area; ii. Barricade area of work within the public right-of-way; iii. Using warning signs and safety cones to inform the public of work being conducted; iv. Immediately correct damage to the work site; v. Leave work site in undamaged condition; vi. Post signage to identify wet paint; vii. Remove all equipment and materials when leaving work each day. viii. Dispose of all packaging, containers and excess materials in accordance with applicable laws, regulations, ordinances, codes, and any other legislative or statutory requirements. Materials rinse residue shall be collected and disposed of appropriately. i. Meet with City Project Manager and/or his/her designee when requested at mutually agreed upon dates and times. j. Contain and dispose of all sand, water, or other materials used in blasting or pressure washing operations in accordance with local, State, and Federal regulations. k. Correct any damage to public or private property as a result of Contractor's operations at the sole expense of the Contractor. I. Apply anti -graffiti coatings, as required, by the Project Manager and/or his/her designee. m. Conduct operations with least possible obstruction and inconvenience to the public, and barricade no greater area of work than necessary. n. Provide and maintain fences, barriers, directional signs, lights, and flag persons as necessary to give adequate warning to the public at all times of any dangerous conditions to be encountered as a result of the work and to give directions to the public. Any road break permits required shall be the responsibility of the Contractor. o. Conduct full-time daily proactive surveillance at Contractor's expense. p. Working hours shall be no earlier than 6:00 a.m. and no later than 5:00 p.m. On weekends and holidays, the Contractor shall respond to all GO Santa Ana mobile phone application and graffiti telephone hotline requests received by QMnoon. Graffil -0 'vices Page 7 Q�.s 1 City of Santa Ana ., Purchasing Division Q, 20 Civic Center Plaza Santa Ana, CA 92701 q. On Weekends and holidays when City Hall is closed, the Contractor shall retrieve and respond to ail graffiti telephone hotline requests received by 12:00 noon. On weekends, Contractor will respond to graffiti removal request received between 12:00 noon on Saturdays and 12 noon on Sundays within 24hours. City Holidays observed: New Year's Day, Martin Luther King Jr. Birthday, Presidents Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and following Friday, and Christmas Day. r. The Project Manager and/or his/her designee or the Police Department may designate sites as needing an emergency response for profanity and/or hate. An emergency work order will be issued immediately and will have first priority for graffiti removal on the same day, within four hours. s. Should the Contractor fail to correct deficiencies or public nuisances that have been created because of their operations, the City will proceed to take corrective measures and this project will be considered an emergency. Such work will be done on a staff account basis with an additional call out charge of $75.00 for each call out. It should be noted that there is a minimum of a two-hour charge for labor for any call out. 11, WEB BASED WORK ORDER MANAGEMENT SYSTEM a. Contractor shall provide a real-time web based work order system for receiving, tracking, and closing work orders which City personnel may access. System must allow multiple photos per work order number. Systems shall be capable of receiving and responding to GO Santa Ana mobile application requests. b. Work orders shall include: i. Location or address; ii. Before and after photos; iii. Date and time of work order creation; iv. Date and time of removal performed; v. Response time in hours; vi. City department; vii. City contact name; viii. Date and time of request; ix. Date and time of work performed; x. Square footage; xi. Surface type; xii. Public or private property; xiii. Brief description of graffiti; xiv. Description of remedy, and xv. Gang tag ID Gra(fitj,(3p C—l49' Page 8 �., City of Santa Ana Purchasing Division 20 Civic Center Plaza Santa Ana, CA 92701 c. Work order system shall include personalized secure client logins, and City personnel may monitor City work orders and projects. d. Location shall include a Global Positioning System (GPS) link attached to Google or other commonly used online mapping application. e. Web based system must be able to show: i. All work order status; ii. Maps of zones as provided by City; iii. Response time to work orders; iv. Costs by zones; v. Square footage cleaned by zones; vi. Custom graphs and reports to include, but not limited to; vii. Total Locations received from Graffiti Hotline; viii. Total Location received from App ix. Total square footage removed x. Average response time for service calls through Graffiti Hotline/App 1. Same Day Response 2. Within 24 Hours 3, Within 48 Hours 4, Over 48 Hours and/or referred to other Agencies xi. Maps in Google Earth; xii. Provide reports to be used for auditing purposes as requested by the Project Manager and/or his/her designee as mutually agreed upon between Contractor and City of Santa Ana. xiii. Provide reports to Project Manager and/or his/her designee on a quarterly basis of Contractor's personnel with access to application (Go Santa Ana) and web based work order management system including level of access for each individual. f. The City shall have access to this data following completion of the work order for a period of three years. In the case of FEMA cost recovery for any disaster related costs, the City shall have access to this data until case(s) areclosed. g. All data collected in the database for this project is the property of the City of Santa Ana. III. MOBILE APPLICATION TOOL a. Contractor shall provide a mobile application free for City personnel and the general public- b. The application shall allow for the submission of photos of graffiti electronically into the Contractor's Work Order System. GraffifIal�Wyices Page 9 City of Santa Ana Purchasing Division 20 Civic Center Plaza Santa Ana, CA 92701 c. Reporting party shall automatically receive an electronic response with all before and after photos once the work has been completed. d. The application shall be available in iOS and Android platforms, including, but not limited to Apple [Phone and Google Android mobile devices. e. Mobile requests are to be electronically submitted to work order system and assigned a work order number in real time. f. Upon completion, a 'Thank You" note with all before and after photos are to be transmitted electronically to the resident's email address. g. Responding email must have a feedback link to an electronic survey that allows residents to rate services and response time. h. App shall have flexibility to allow reporting of other Public Services Requests at no additional cost to the City. i. App must be available on the App Store and Android marketplace at the cost of the Contractor. j. App must be a native iOS and Android app, mobile webpages requiring the public's data usage from their browser are not acceptable alternatives. k. A web link is to be included that allows residents to submit their requests directly on the City's website. I. Contractor must be able to demonstrate all aspects of the web based work order system and mobile app through a working version of the software prior to award of RFP, and must include Smartphone app names and contact information for a minimal of three (3) municipal customers of similar size that have used the Contractor's software for at least 12 months. IV. DELIVERABLES a. A minimum of at least two hundred (200) hours of weekly weekday service by way of work orders, surveillance and necessary abatement will be required as part of the contract for the City. This shall be furnished by providing five (5) trucks with each truck performing forty (40) hours of weekly service duringweekdays. b. A minimum of at least forty (40) hours of weekly weekday service by way of work orders, surveillance and necessary abatement will be required as part of the contract for Department of Parks and Recreation. This will be furnished by providing one (1) truck with each truck performing forty (40) hours of weekly service during weekdays. Graffiti Removal Services Page 10 25C-50 City of Santa Ana Purchasing Division .f . 20 Civic Center Plaza Santa Ana, CA 92701 c. In addition, a minimum of eight (8) hours of daily weekend and Holiday surveillance will be required as part of this contract. The surveillance activities will be done at the Contractor's cost. d. Contractor(s) shall provide online access to before and after digital photograph files, mapped locations, billing information, etc. in a real-time environment for graffiti removal work done for the City. Digital photographs shall be clearly labeled as public or private, before or after, and with the exact location of the graffiti, and shall reference any work order number associated with the removal. All photographs shall be date and time stamped. All photographs shall show enough of the surrounding area of structure to determine size and location on the facility. Contractor is to provide real- time mapping of all graffiti removal via Google maps or other commonly used mapping. e. The Contractor will prepare and submit to each City department or agency a report of surveillance activities performed during the month. This report will provide the following basic information: i. Amount of time spent on surveillance per week; ii. Areas covered in the surveillance; iii. Dates and time that surveillance took place; and iv. Graffiti found and location of the graffiti V. INVOICING a. Contractor shall invoice the requesting department monthly unless otherwise advised, upon satisfactory receipt of product and/or performance of services. b. City will use best efforts to make payment within thirty days following receipt and review of invoice and upon complete satisfactory receipt of product and performance of services. c. City shall notify Contractor of any adjustments required to invoice. d. Invoices shall contain Blanket PO number, invoice number, remit to address and itemized products and/or services description and price as quoted and shall be accompanied by acceptable proof of delivery. e. Contractor shall utilize standardized invoice template upon request. f. Invoices shall only be issued by Contractor who is awarded a contract. g. Payments will be issued to and invoices must be received from the same Contractor whose name is specified on the PO's. Graffintad rces Page 11 City of Santa Ana Purchasing Division a 20 Civic Center Plaza Santa Ana, CA 92701 h. The City will pay Contractor monthly or as agreed upon, not to exceed the total quoted in the RFP response. i. Contractor(s) shall provide a spreadsheet with each month invoice showing the following; i. Showing each location or address serviced; ii. Number of the service request associated with removal if any; iii. Type of removal; iv. Date; v. Notes; vi. Square footage cleaned; and vii. Method of removal VI. PERFORMANCE REQUIREMENTS The successful Contractor(s) shall clearly demonstrate ability to: a. Receive service requests on a twenty-four (24) hour basis via app, fax, or e-mail; b. Prepare surfaces and paint over graffiti with a color matching the existing covering, or remove graffiti with appropriate cleaners, removers, etc.; c. Protect surfaces, landscaping, and personal property adjacent to graffiti removal locations; d. Properly clean-up work areas, and dispose of paints, chemicals, solvents and cleaning agents utilized in performing the graffiti removal per local, state and Federal regulations; and e. Accurately track and report the work location, scope, quantity of work performed, and employment utilization. VII. ACCOUNT MANAGER/ SUPPORT STAFF/ WORK TRUCK CREW a. Contractor shall provide a dedicated competent account manager who shall be responsible for the City account/contract. The account manager shall receive orders from City and shall be the primary contact for all issues regarding Proposer's response to this RFP and any contract which may arise pursuant to this RFP. b. Contractor shall designate one specific truck/individual to oversee and inspect work performed by Contractor's personnel assigned to this contract. The representative shall be immediately available during work activities to receive communications from the Project Manager and/or his/her designee. All Contractor staff shall have a cell phone in order to becontacted by the Project Manager and/or his/her designated staff. Graffit12 a tres Page 12 City of Santa Ana -.y Purchasing Division 20 Civic Center Plaza Santa Ana, CA 92701 c. The Contractor shall utilize only trained, competent employees in the performance of this contract. At the request of the City, the Contractor shall remove from assignment to this contract any incompetent, abusive, or disorderly employee whether supervisory or non -supervisory. d. Any person assigned to this contract found to be in possession of and/or under the influence of intoxicants or narcotics shall be removed from assignment to this contract. This person may be subject to arrest and criminal prosecution. e. Personnel employed by the Contractor shall be screened and are not to perform services under the contract without prior approval from the Contract Representatives. All employees' performing services must undergo a criminal background investigation by the Santa Ana Police Department prior to service under this contract. f. Contractor shall also provide adequate, competent support staff that shall be able to service the City during normal working hours, Monday through Friday. Such representative(s) shall be knowledgeable about the contract, products offered and able to identify and resolve quickly any issues including but not limited to order and invoicing problems. g. Contractor account manager shall be familiar with City requirements and standards and work with the Project Manager and/or his/her designee to ensure that established standards are adhered to. h. Contractor account manager shall keep the City Project Manager informed of requests from departments as required. Vill. EQUIPMENT a. The Contractor's vehicles and equipment shall be neat in appearance and easily identified. Identification of the contractor's vehicles shall consist of, at minimum, company name, local telephone number, and contract services provided by City of Santa Ana in print no less than eight (8) inches tall. b. The Contractor shall maintain its vehicles and equipment in safe and mechanically sound condition. c. The Contractor shall provide all personnel, vehicles, supplies, and equipment necessary to perform services. Graffiti Rer 0y_ICe ces Page 13 EXHIBIT "B" Compensation 25C-54 GAS VA, * CITY OF SANTA-All REQUEST FOR PROPOSALS GRAFFITI REMOVAL AND ABATEMENT PROPOSER'S CERTIFICATION and PROPOSAL ITEM PRiCiNG Certification — I certifythat I have read, understand, and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Project and I am familiar with the scope of work locations. I am familiar with all the existing condition and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions, or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price -- Pricing shalt be based on a unit costfor services described in Scope of Project. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee In writing. COST SHALL SE SUBMITTED ON ATTACHMENT F AS IS. NO ALTERATIONS OR CHANGES OF ANY KIND ARE PERMITTED. RFP responses that do not comply will be subject to rejection in total. The cost quoted below shall include all taxes and all other charges, including travel expenses, and is the cost the City will pay for the three- year term of any contract that is a result of this RFP. • Price increase shall not exceed % during the first renewal period. • Price increase shall not exceed 2 % during the second renewal period. • Price increase shall not exceed L % during the third renewal period. • Price increase shall not exceed L % during the fourth renewal period. • Price increase shall not exceed Z- % during the fifth renewal period. Quantities listed herein are annual estimates based on past usage and are not to be construed as commitment. No minimum or maximum is guaranteed or implied. Proposer hereby certifies to City that all representations, certifications, and statements made by Proposer, as set forth In this RFP Form and attachments are true and correct and are made under penalty of perjury pursuant to the laws of California. Page 1 25C-55 GRAFFIMRREMOVAL%- CITY u= G Mwk!N . ,_ all Na- DescN tiottM6E �item. Weekly cost for one truck, for 40 hours Weekly per week (8 hours per day), for Weekdayfor weekday service to perform proactive 1 service graffiti abatement (as outlined in truck; 40 B times (x) 5 C times (x) 52 Section I; a, b and c of RFP) for the hours per $ I C trucks weeks 1 the City of Santa Ana (Public Works week $ ti $ i T 0 $ 94 n I,o6 Daily cost per truck for 8 hours a day for weekend (Saturday & Sunday) and Holiday service to perform proactive Daily L` grafft! abatement (as outlined In Weekend and B times (x) t C times (x) 113 2 Section I; a, b and c of RFP) for the Holiday for 1 ? 60 trucks days the City of Santa Ana (Public Wo service truck $ Go $ tl pp PRICINGSECTION - GRMD TOTAL PRICE - CITY GRAFFITI ABATEMENT GRAND TOTAL PRICE column C $ Ta GRAFFITI REMOVAL - CITY PARKS AND 1 " w ---- MARINAS A f B C TOTAL D TOTAL ttem _ j No. Description UNIT Weekly cost per truck, for 40 hours per Weekly UNIT t?RI YQEcEKLY ANN MAPRICE' I -to week, for weekday service to perform Weekda for Ar prwkl proactive graffiti removal in the Parks 1 service and Marinas for services as outline in truck; 40 B times (x) 1 C times (x) 12 Section 1; d In Scope of Project of hours per 3,710 trucks .k months r 1 RFP. week $ $ �Io $ i r R 10 Daily cost per truck for 8 hours a day weekend (Saturday & Sunday) and Holiday service to perform proactive Lfor graffiti removal in the Parks and Daily Marines for services as outline in Weekend and B times (x) 1 C times (x) 113 Section I; d in Scope of Project of Holiday foe 1 u, 0 trucks days RFP., service truck A co $ d 0d PRICING SECTION - GRAND TOTAL PRICE - PARKS & MARINAS GRAFFITI ABATEMENT GRAND TOTAL PRICE (Column C $ Page 2 25C-56 C-1� �. MRtx_ VA"_� GRAFFITI REMOVAL - OTHER DEPARTMENTS A� B Itern No. Description UNIT FE�IIT#a E Hourly rate for weekday service to perform proactive graffiti abatement Hourly (as outlined in Section I; a, b and c) for Weekday for other departments within the City on 1 servico $ o 1 an as -needed basis. truck $ Hourly rate for weekend (Saturday & Sunday) and Holiday service to perform proactive graffiti abatement Hourly (as outlined In Section I; a, b and c) for Weekend and other departments within the City on Holiday for 1 2 an as -needed basis. service truck $ Page 3 25C-57