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HomeMy WebLinkAbout25H - AGMT - GRAFFITI SRVSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 20, 2015 TITLE: AGREEMENT WITH GRAFFITI PROTECTIVE COATINGS, INC., FOR GRAFFITI STREET CLEANING SERVICES, RFP NO. 15 -080 (NON- GENERAL FUND) (STRATEGIC PLAN NOS „6, 1B and 7, 5E) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ ordinance on 1 a1 Reading ❑ ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Graffiti Protective Coatings, Inc., subject to nonsubstantive changes approved by the City Manager and City Attorney, to perform graffiti street cleaning services in areas that are visible from the right -of -way for $1,820,000 and in City park areas not visible from the right -of -way for $324,000 for a two -year period, expiring October 31, 2017 in a total amount not to exceed $2,144,000 with provisions for three 1 -year renewal options, exercisable by the City Manager and City Attorney. DISCUSSION The Public Works Agency is responsible for citywide graffiti removal and performs graffiti removal services 365 days a year. This service has been contracted since 2011 and provides graffiti removal services within 24 hours or less (on average), based on requests received from residents through the City's graffiti hotline and the "mySantaAna" Public Works smartphone application. The current agreement funding authority expires on October 31, 2015. On September 1, 2015, the City Council approved the release of the Request for Proposals (RFP) for graffiti removal street cleaning services, visible from the right -of -way, which was subsequently advertised on September 2, 2015, on the City's website and online bid management and publication system. City staff also contacted vendors directly. A summary of the proposal invitations and proposals received is as follows: 14 Vendors notified (1 Santa Ana vendor) 4 Vendors attended mandatory pre - proposal meeting (1 Santa Ana vendor) 1 Proposal received (1 Santa Ana vendor) Proposals were received on September 23, 2015, and evaluated by staff from the Planning & Building and Public Works Agencies, and the City of Anaheim. Evaluation results are as follows, based on a total possible rating of 600: Firm Location Rating Proposal Fee Graffiti Protective Coatings, Inc. Santa Ana, CA 582 $910,000 (97 %) 25H -1 Agreement with Graffiti Protective Coatings, Inc. for Graffiti Street Cleaning Services October 20, 2015 Page 2 The evaluation committee determined that the proposal submitted by Graffiti Protective Coatings, Inc. (GPC), was thoroughly responsive to the RFP. GPC is highly qualified, reputable, and has proven experience with similar contracts, as demonstrated by its municipal service contracts with the Cities of Long Beach, Ontario, San Jose, Torrance, Santa Ana, and the State of California (Caltrans). GPC has proven it can remove graffiti faster than its competitors, by incorporating proprietary and innovative techniques into its operation. During the current agreement term in Santa Ana, graffiti was reduced from over 5 million square feet annually to approximately 3.5 million square feet. Services include 100 percent color matching, facilitating graffiti crime analysis for the Police Department, and the app -order system which provides real -time dispatching and work order management. Also included in their service is the "mySantaAna" reporting APP that allows the City to provide immediate assistance to the community for graffiti removal and other public works services. Following the evaluation process, staff entered into negotiations with GPC, and reached the following key agreement negotiation deal points: • Community Event Participation — Contractor committed to providing staffing, t- shirts and takeaways upon City request. Mobile Web Service and Work Order Enterprise System for Public Works (Innovation and Efficiency): Contractor has agreed to provide this service for Public Works maintenance programs in Trees, Street Signs, Sanitation and Roadway Maintenance, which will increase the service response time and transparency to the community. This service will provide before and after pictures, web services to incorporate with other vendor data and real -time and direct dispatching to staff. GPC has provided a discounted quote of $10,000 which is $15,000 less than their market price. Approval of this action will authorize staff to evaluate feasible financing options to fund a dedicated parks graffiti removal services. This service is not a current agreement requirement, as this operation was previously provided by Parks & Recreation Agency staff. City parks account for nearly 20 percent of all graffiti, and one dedicated full -time staff person is required in order to meet the high service demand. In order to maintain City park restrooms, sidewalks, and facilities that are not visible from the right -of -way, a separate bid amount was requested through the RFP process. GPC has proposed the amount of $162,000 annually for this service that will allow the Parks & Recreation Agency to receive a quicker response for removal of graffiti that is not visible from the right -of way. The impact of not providing a dedicated staff person will result in delayed response for parks services and all right -of -way graffiti removal services from 24 to up to 72 hours. GPC has demonstrated the organizational credentials, resources, and experience necessary to meet the City of Santa Ana's high level of quality service and needs. GPC will adhere to all provisions of Senate Bill 7 for prevailing wages as mandated by the State of California. Based on the information provided in the proposal, interview, and references, staff has determined that GPC will provide the best quality service at a minimum cost to the City and, therefore, requests approval of the recommended action. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe, and aesthetically pleasing for all users); and Goal #7 Team Santa Ana, Objective 5 (Create a culture of 25H -2 Agreement with Graffiti Protective Coatings, Inc. for Graffiti Street Cleaning Services October 20, 2015 Page 3 innovation and efficiency within the organization), Strategy E (Identify best practices and opportunities for process automation across City departments in order to provide effective and efficient delivery of City services to the community. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funding for this agreement is available in the FY 2015/16 Budget and will be budgeted in future years in the following accounts: 2015/16 06817642 -62300 Pub Wks- Graffiti Abatement $ 607,000 06817640 -62300 06817641 -62300 06817643 -62300 Pub Wks- Environment /Sanitation Pub Wks- Roadway Cleaning Pub Wks - Street Trees $ $ $ 45,000 27,000 36,000 2016/17 06817642 -62300 Pub Wks- Graffiti Abatement $ 910,000 01113250 -62300 Rec Comm Svs -Park Maintenance $ 162,000 2017/18 06817642 -62300 Pub Wks- Graffiti Abatement $ 303,000 01113250 -62300 Rec Comm Svs -Park Maintenance $ 54,000 Total $ 2,144,000 Fred ousavipour Executive Director Public Works Agency n Executive Director ` Parks, Recreation and Community Svcs, Agency DM:PG Exhibits: 1. Agreement 2. RFP 15 -080 3. Graffiti Protective Coatings Proposal APPROVED AS TO FUNDS AND ACCOUNTS: n . °t 1 '0P.tA. Francisco Gutierrez SR Executive Director Finance & Management Services Agency 25H -3 25H -4 CONTRACTOR AGREEMENT THIS AGREEMENT is made and entered into this _ day of October, 2015 by and between Graffiti Protective Coatings, Inc., a California Corporation, (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of professional 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 under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Contractor shall perform those services as set forth in Exhibit A to this Agreement. q§MMMKOi$liri -J ►&LAI[ePI a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $2,143,839.52 during the term of this Agreement. b. Payment by City shall be made within forty -five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on October 31, 2017, unless terminated earlier in accordance with Section 14, below. The term of this Agreement is subject to three (3) one (1) year renewal options exercisable upon a writing executed by the City Manager and the City Attorney in an amount not to exceed $1,061,919.76 annually. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 25H -5 Exhibit 1 5. ADDITIONAL CONTRACTOR DUTIES -- COMMUNITY EVENT PARTICIPATION AND PUBLIC AWARENESS Contractor shall participate in public awareness efforts and community events and programs, such as neighborhood clean -up events and anti - graffiti campaigns. Such participation shall be upon City request provided with reasonable notice of event timing. 6. 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. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement. 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. 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 by Contractor without thirty (30) days prior written notice to the City. If Contractor fails or refuses to produce or maintain the insurance required by this 2 25H -6 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. 7, INDEMNIFICATION Contractor agrees to 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 or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, 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. 11*0107 FiF� Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from 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. 9. 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. 26H -7 10. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall riot have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 11. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714 647 -6956 With courtesy copies to: MIN To Contractor: Executive Director for Public Works Agency City of Santa Ana 20 Civic Center Plaza (M -21) P.C. Box 1988 Santa Ana, California 92702 Fax (714) 647 -5635 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.C. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6515 Graffiti Protective Coatings, Inc. 419 N. Larchmont Blvd., #264 Los Angeles, CA 90004 Attn: Carla Lenhoff, President 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. 4 25H -8 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City, Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City, 14. 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 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. 15. 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. 16. 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. 2dH -9 17. PROFESSIONAL LICENSES Contractor shall, throughout the tern 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. 18. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R, CARVALHO City Attorney Jos a doval Chef Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA DAVID CAVAZOS City Manager 6 25H -10 GRAFFITI PROTECTIVE SERVICES, INC. CARLALENHOFF _ President Tax ID# SCOPE OF SERVICES 25k -11 GRAFFITI REMOVAL PROGRAM SCOPE OF SERVICES INTENT It is the intent of these specifications, terms, and conditions to describe Graffiti Removal Street Cleaning (GRSC) Services being requested by the City of Santa Ana Public Works Agency (PWA). The City intends to award a 2 year contract (with option to renew) to the proposer selected as the most responsible proposer whose response conforms to the RFP and meets the City's requirements. It is the intent of these specifications, terms, and conditions to procure the most environmentally preferable services. SCOPE 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. 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. In the event that a service call site from the community cannot be abated within twenty -four (24) hours due to inclement weather, size of the 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. 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 Santa Ana. Contractors) 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 from the 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, bridges, overpasses, and flood channel facilities, etc.); V. Guardrails; vi. Traffic signs; vii. City Parks and 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: 1. Exterior walls; ii. Fences; !it. Sidewalks; iv. Windows; v. Trash receptacles; vi. Utility boxes and covers; 25H -12 vii. Signs; viii. Bus stops and shelters; ix. News racks; X, Doors; and X!, Flag poles. Work on private property shall not be performed without the Consent form signed by the owner or authorized by the Project Manager and /or his /her designee. A sample of the Consent form is provided as Attachment 1. The contractor shall obtain the signature of the property owner on the consent form prior to beginning work. Original consent forms shall be returned to the Project Manager and /or his /her designee on a weekly basis and are the property of the City. 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, rec. buildings); Iii. Concrete structures (Le, sidewalks, paths, bridges, trails); iv. Bike Paths; V, Walking Paths; vi. Bleachers; vii. Baseball /Softball Diamonds; viii. Trash Receptacles; ix. Rocks; X, Doors; xl. Fences; xii. Windows; xiii. Utility boxes and covers, and xiv. Park Trees; The above work will be priced separately from the Pricing Section Grand Total Price in Exhibit B. 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. g. Abate the entire surface in the event that the graffiti rovers a significant area of the surface. Tile 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 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 25H -13 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 Contractor(s). 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. to no later than 5:00 p.m. On Weekends and holidays, the Contractor shall respond to all graffiti telephone hotline requests received by 12 noon. q. On Weekends and holidays and every other Friday that City Hall is closed, the Contractor shall retrieve and respond to all graffiti telephone hotline requests received by 12 noon. On the weekends, contractor will respond to graffiti removal request received between noon on Saturday and 12 noon on Sundays within 24 hours. City hlolidays observed; New Year's Day, Martin Luther King, Jr. Birthday, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, and Christmas Day r. The Project Manager and /or his /her designee or the Police Department may designate sites as needing an erergency response. An emergency work order will be Issued immediately and will have first priority for graffiti removal on the same day. 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 as 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 war)( orders which City personnel may access. System must allow multiple photos per work order number. b. Work orders shall include: Location or address; 25H -14 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; X!, Surface type; xi]. Pubic or private property; Kill. Brief description of graffiti; xiv. Description of remedy, and xv. Gang tag ID c. Work order system shall include personalized and 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: ]. All work order status; Ii. Maps of zones as provided by City; ill. 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; The City shall have access to this data following completion of the work order for a period of three years. 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. This application shall allow for the submission of photos of graffiti electronically into Contractor's Work Order System. c. Reporting party shall automatically receive an electronic response with all before and after photos once the work has been completed. d. This application shall be available on IDS and Android platforms, including, but not limited to Apple ]Phone and Google Android mobile devices. 25H -15 e. Mobile requests are to be electronically submitted to work order system and assigned a work order number in real time. f. Upon job 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 Service 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 most include 5martphone app names and contact information for a minimum of three (3) municipal customers of similar size that have used contractor's sofhv@re for at least 12 months. IV, DELIVERABLES a. A minimum of at least two hundred (200) hours of daily weekday surveillance will be required as part of the contract. In addition, a minimum eight (b) 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. b. Contractor(s) shall provide online access to before and after digital photograph files, mapped locations, billing Information, etc. in a real -time environment of 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 or structure to determine size and location on the facility. Contractor is to provide real -time mapping of all graffiti removal via Googie maps or other commonly used mapping. c. 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; fl. Areas covered in the surveillance; ili. Dates and time that surveillance took place; and M Graffiti found and location of the graffiti. V. INVOICING a. Contractor shall invoice the requesting department 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. 25H -16 c. City shall notify Contractor of any adjustments required to invoice. d. Invoices shall contain City 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 the Contractor who is awarded a contract. g. Payments will be issued to and invoices must be received from the sarne Contractor whose name is specified on the PO's. 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 monthly invoice showing the following; L Showing each location or address serviced; ii. Number of the service request associated with the removal if any; iii. Type of removal; V. Date; V. Notes; vi. Square footage cleaned; and vii. Method of removal. VI. PERFORMANCE REQUIREMENTS The successful Contractor(s) shall clearly demonstrate the 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 work 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 all orders from the 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 once specific truck /individual to oversee an 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 be a cell phone in order to be contacted by the Project Manager aria /or his /her designated staff. 25H -17 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 his contract. This person may be subject to arrest and criminal prosecution. e. Personnel employee by the Contractor shall be screened and are not to perform services under the contract without prior approval from the Contract Representatives. All employees' peforming 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 Specialist informed of requests from departments as required. VII. 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 a 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. 25H -18 WREr:Bi :9 FEE SCHEDULE (OR) RATES AND CHARGES 25H -19 I�:(:tT3fiitl CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES 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 Services (Exhibit A) and I am familiar with the scope of work locations. 1 am familiar with all the existing conditions 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 Exhibit A. 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 EXHIBIT B 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. Quantities listed herein are annual estimates based on past usage and are not to be construed as a 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. tF' praA at fee y4li Op.b sed on P�+ci_5t9.Sec6anrs _Ei Q #tt ��itC . PRICING SECTION — GRAND TOTAL PRICE — STREET CLEANING Item No. 1: Column C times (x) rive (5) Trucks $ q Q (i r R `) v Item No, 2: Column C $ U , orj. 0C GRAND TOTAL PRICE Otem No. l s z abovo) City of Santa Ana GRSC Services RFP Page 19 25H -20 Coo erative Purchasing It is intended that any other public agency (e.g., city, county, school district, public authority, public agency, municipality, and other political subdivision or public corporation) shall have the option to participate in any award made as a result of this solicitation at the same prices. The City of Santa Ana shall incur no financial responsibility in connection with any purchase by other public agency. Labor Classification The work performed on this contract is routine, recurring, and usual. The work includes watering, trimming, pruning, planting, removal, and replacement of trees and plants, and servicing of Irrigation. The rates Included in the Cost Proposal are based on prevailing wage determination "Repaint Painter, Lead Abatement". j'R2 rCcTrdc' c,A4rOG-j, ,rrJC. 7LN7 E 0 COMPANY 7iy(LOil'A�,jr . #Lci CatNLA -// Lk- dHeh:- 9lz�l,r 4"7 L. 4314 V" -I, "9 Fn� cea"-) , C4 exr.�ser�r GPCLA "CMS 4.CoM 67 )-414 7 THIS FORM MUST" BE QOMELETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE, City of Santa Ana GRSC Services RFP Page 20 APPLICATIONS FOR PUBLIC WORKS Provide four (4) mobile applications on iPhone and Android platforms, one year of maintenance, security, hosting, customer support, training, and service. $10.000.00 Annually 25H -21 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2, With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included, h, With respect to the additional insureds, this insurance shall riot be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective,) Effective _,,,_. this endorsement form as a part of Policy # _ _ Issued to Named Insured Countersigned by Authorized Representative 25H -22 REQUEST FOR PROPOSALS (RFP) PROVIDING GRAFFITI REMOVAL STREET CLEANING SERVICES • t:t CITY OF SANTA ANA Public Works Agency 220 South Daisy Avenue Santa Ana, CA 02703 Danell Mercado Projects Manager (714)647.3308 Office (714) 647 -3345 Fax dmercad opsanta- ana.org KEY RFP DATES: 19 Issue Date: Wednesdav September 2. 2015 Mandatory Pre - proposal Meeting: Wednesday, September 9 2015 —10:00 a.m. Proposal Due Date: Wednesday September 23 2015 — 4:00 p.m, Presentation /Interviews: Wednesday. September 30. 2015 Projected Award Date: Tuesday October2o 2015 Exhibit 2 25H -23 Executive Director Public Works Agency NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms to provide proactive and reactive professional graffiti removal services from the right of way throughout the City of Santa Ana. Responses to the Request for Proposals (RFP) will be accepted until Wednesday, September 23, 2015 at 4:00 PM. If further information is required, contact Danell Mercado at dmercado�a santa-ana.Orct. All notifications, updates, and addenda will be posted on the City's current RFP page at www.santa- ana.orq /bids -rips. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. The successful proposer must possess or obtain a valid California Class C33 Contractor's license, a C- 61/D38 Contractor License, and a City of Santa Ana Business License prior to the scheduled award date of this contract. MAILED, DELIVERED BY HAND, or COURIERED proposals will be accepted as follows: City of Santa Ana Public Works Agency, City Yard, Second Floor 220 South Daisy, Building A Santa Ana, CA 92703 It is the responsibility of the proposer to ensure that any proposals submitted shall have sufficient time to be received by the City of Santa Ana prior to the proposal due date and time. Questions regarding this Request for Proposals shall be made in writing via e-mail to Danell Mercado at dmercadogsanta- ana.orr . The receiving time in the Public Works Agency, 220 South Daisy, Santa Ana, CA 92703, Second Floor, will be the governing time for acceptability of proposals. Late proposals will NOT be considered and will be returned to proposer unopened. Telegraphic, electronic, and facsimile proposals will not be accepted. ONLY SEALED RFP RESPONSES ARE ACCEPTABLE DO NOT E -MAIL RFP RESPONSES DO NOT FAX RFP RESPONSES -- —� City of San2LoV J3%2rervices RFP (2) CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR GRAFFITI REMOVAL STREET CLEANING SERVICES TABLE OF CONTENTS PAGE I. INTRODUCTION 3 II. PERIOD OF CONTRACT 3 III. OPTION OF RENEWAL 3 IV. FISCAL NONFUNDING CLAUSE 3 V. PROPOSAL DEPOSIT AND PERFORMANCE BOND 3 VI. SCOPE OF WORK /SERVICES 4 VII. GENERAL INFORMATION 4 VIII. COORDINATION 4 IX. PROPOSER RESPONSIBILITIES 5 X. LICENSE REQUIREMENTS 5 XI. PREVAILING WAGE 5 XII. PROPOSERS MINIMUM QUALIFICATIONS 5 XIII. PERFORMANCE REQUIREMENTS 6 XIV. ACCOUNT MANAGER /SUPPORT STAFF 6 XV. INITIATION /KICK OFF MEETING 6 XVI. CITY BUSINESS LICENSE 6 XVII. ADDENDA 6 XVIII. RULES FOR PROPOSALS 7 XIX. MANDATORY PREPROPOSAL MEETING 7 XX. E -MAIL COMMUNICATIONS AND INTERPRETATIONS /CLARIFICATIONS 7 XXI. SUBMITTAL INFORMATION AND DEADLINE 7 XXII. SUBMITTAL REQUIREMENTS 7 XXIII. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION 9 XXIV. REVIEW EVALUATION RESULTS AND AWARD 11 EXHIBIT A — SCOPE OF SERVICES 12 EXHIBIT B — PROPOSER'S CERTIFICATION and PROPOSAL ITEM PRICING 19 EXHIBIT C — PROPOSER'S MINIMUM QUALIFICATIONS 21 EXHIBIT D — RELEVANT WORK HISTORY 22 EXHIBIT E - SOFTWARE REFERENCES 24 EXHIBIT F — PROPOSER'S STATEMENT 25 EXHIBIT G— CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR 26 EXHIBIT H — RESPONSIBLE PROPOSER — SUPPLEMENTAL QUESTIONAIRE 28 EXHIBIT I — NONCOLLUSION AFFIDAVIT 31 EXHIBIT J — SAMPLE ADDITIONAL INSURED ENDORSEMENT 32 EXHIBIT K — SAMPLE AGREEMENT 33 EXHIBIT L — GRAFFITI ORDINANCE NO. NS -2791 40 EXHIBIT M — GRAFFITI ORDINANCE NO. NS2798 52 ATTACHMENT 1 — CONSENT TO ENTER & RELEASE OF LIABILITY 57 ATTACHMENT 2 — CITY MAP 58 City of Santa Ana GRSC Services RFP Page 2 CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR GRAFFITI REMOVAL STREET CLEANING SERVICES INTRODUCTION The City of Santa Ana is issuing this Request for Proposals (RFP) to provide proactive and reactive professional graffiti removal services from the right of way throughout the City of Santa Ana. II. PERIOD OF CONTRACT Unless earlier terminated as allowed for in the agreement, contract term shall be for a period of two (2) years. The contract term is anticipated to commence after City Council award of this contract, and upon receipt and approval of all required bonds, and insurance documents. The projected contract award date is October 20, 2015, with contract start date as November 1, 2015, and may be adjusted as necessary. III. OPTION OF RENEWAL The term of this agreement shall have provision for three, one -year renewal options at the discretion of City and City Council approval unless the City notifies Contractor in writing at least thirty (30) days before the end of the initial term or any extended term, of its intent to terminate the Agreement at the conclusion of the initial term or any extension. Time is of the essence in the performance of services under this Agreement. No price increase will be considered during the contract term or renewal options. IV. FISCAL NONFUNDING CLAUSE In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City. V. PROPOSAL DEPOSIT AND PERFORMANCE BOND A proposal deposit in the amount of five percent (5 %) of the total proposed annual contract amount set forth in Exhibit B shall accompany each proposal. The proposal deposit must be in the form of a RFP bond, cashier's check, certified check, bank draft, letter of credit, trust company treasurer's check, or money order. Checks shall be payable to the City of Santa Ana. NO PERSONAL OR COMPANY CHECKS WILL BE ACCEPTED. Proposal deposit of the unsuccessful proposers shall be returned upon award of contract by the City. The successful proposer shall supply a performance bond in the amount of one - hundred percent (100 %) of the successfully awarded total annual contract amount of the proposal prior to execution of the contract. Upon receipt of the performance bond, the proposal deposit will be returned. The proposal deposit is subject to be forfeited if the successful proposer fails to City of Santa Ana GRSC Services RFP �� Page 3 execute the written contract and furnish the required performance bond, or to satisfy any other conditions present within a reasonable time as determined by the City. The performance bond is to be renewed annually and submitted by the contractor in the amount of the total annual contract amount. VI. SCOPE OF WORK /SERVICES The scope of work may include any and all work efforts related to GRSC Services as set forth in EXHIBIT A - SCOPE OF SERVICES. The contractor shall be an independent contractor capable of providing experienced, knowledgeable, and professional staff. The contractor shall be responsive and maintain excellent working relationships with city residents, businesses, government officials, and City staff. The contractor shall provide adequate staffing levels at all times and adhere to established schedules. The contractor shall comply with all federal, state, local laws, rules, regulations, ordinances, and statutes. VII. GENERAL INFORMATION A. The term of the contract will begin after the contract award by the City Council and approval of required bonds no later than November 1, 2015. When determined appropriate, the City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specifically referred to herein. C. The proposer shall be responsible for retaining data, records, and documentation for the preparation of the required information. These materials shall be made available to the City as requested by the City. D. This RFP does not commit the City to pay costs incurred in preparation of a response to this RFP. All costs incurred in the preparation of the proposal, the submission of additional information, attendance at the mandatory pre - proposal meeting, negotiations with City, and /or any other aspect of a proposal prior to award of a written contract will be borne by the proposer. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any informality or technical defect in the proposal. E. All data, documents, and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. The City reserves the right to reject, replace, and approve any and all subcontractors. All subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any subcontractor(s). Subcontractors shall be the responsibility of the prime contractor and the City shall assume no liability of such subcontractors. VIII. COORDINATION Coordination by the awarded proposer with the City, other contractors, and agencies will be required to achieve satisfactory and timely delivery of the required services. Coordination may include, but not be limited to, coordination with neighborhood, civic groups, local and /or state agency boards, attendance at City Council, Commission, Agency, and Community meetings. ? ®W #Y7 City of Santa Ana GRSC Services RFP Page 4 The City will decide the manner in which the coordination efforts with be conducted. At the City's option, coordination efforts may be performed by the proposer's direct contact, by the proposer acting through the City, or by the City only. When coordination efforts require agreements, such agreements shall be coordinated through the City. IX. PROPOSER RESPONSIBILITIES The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. X. LICENSE REQUIREMENTS In accordance with Section 3300 of the California Public Contract Code, the City has determined that the proposer shall possess a license in the classification specified in the Notice Inviting Proposals. XI. PREVAILING WAGE Contractor is aware of the requirements of California Labor Code Section 1720, at 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. Since the Services are being performed as 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. City shall provide Contractor with a copy of the prevailing rates per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wage for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The current prevailing wage rates as adopted by the Director of the Department of Industrial Relations are incorporated herein by reference and may be accessed at http: / /www.dir.ca.gov /. XII. PROPOSER MIINIMUN QUALIFICATIONS A. Proposer shall be in the business of providing Graffiti Removal Services on road related facilities and private properties for a large municipality or a government agency for at least three (3) years; B. Propose shall not have failed to complete a municipal contract within the last 3 years; C. Proposer shall possess all permits, licenses, and credentials required to perform graffiti removal services; and D. Shall have the ability to furnish the necessary personnel, equipment, cleaning materials, and supplies necessary to remove or cover graffiti. City of Santa Ana GRSC Services RFP 6 28 Page 5 XIII. The successful Contractor(s) shall clearly demonstrate the ability to: A. Receive service requests on a twenty -four (24) hour basis via graffiti hotline, 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 work per local, state, and Federal regulations; and E. Accurately track and report the work location, scope, quantity of work performed, and employment utilization. XIV. ACCOUNT MANAGER/ SUPPORT STAFF A. Contractor shall provide a dedicated competent account manager who shall be responsible for the City account /contract. The account manager shall receive all orders from the 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 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, able to identify, and resolve quickly any issues including but not limited to order and invoicing problems. C. Contractor account manager shall be familiar with City requirements, standards, and work with the PWA staff to ensure that established standards are adhered to. XV. INITIATION / KICK OFF MEETING The successful proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling. XVI. CITY BUSINESS LICENSE The selected proposer shall be required to obtain a City of Santa Ana Business license within thirty (30) days of selection and must provide a copy to the City's projects manager or designee prior to commencing any work in Santa Ana. XVII. ADDENDA Any subsequent changes in RFP from the date of preparation to date of submittal will result in an addendum or amendment by the issuing office. Notification of such addendum or amendment shall be effected by posting on City's website, as set forth in the Notice Inviting Proposals, 0) 6LkZ° City of Santa Ana GRSC Services RFP Page 6 XVII. RULES FOR PROPOSALS The signer of the RFP must declare in writing that the only person, persons, company, or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company, or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud, and that the signer of the proposal has full authority to bind the proposer (Exhibit 1). XIX. MANDATORY PREPROPOSAL MEETING A mandatory pre - proposal meeting is scheduled for Wednesday, September 9, 2015, at the Public Works Agency- Maintenance Services, City Yard, 220 S. Daisy Avenue M -85, Second Floor, Santa Ana, CA 92703, at 10:00 AM. The meeting will include a detailed discussion of the project, schedule, relevant details of the service etc., and will be followed by a question -and- answer session. All questions must be submitted in written form. After the pre - proposal meeting, the City will respond by e -mail to written questions or requests for clarifications. Said e- mail will be sent to pre - proposal attendees. It is highly recommended that proposer operation /field supervisors attend this meeting. It is the Proposer's full responsibility to view and inspect the areas to be maintained in accordance with this specification. XX. E -MAIL COMMUNICATIONS AND INTERPRETATIONS /CLARIFICATIONS To facilitate the RFP process, proposers are required to monitor the City's RFP and RFP page at http: / /www.santa- ana.ora /bids -rfps. No oral interpretations will be made by the City to any proposer as to the meaning of requirements identified herein, including the Scope of Services, and Terms and Conditions. Every request for such an interpretation must be made in writing via e -mail to the projects manager (dmercadofa santa- ana.orq) no later than Monday, September 14. 2015 at 5:00 PM. Significant interpretations or clarifications will be made by an addendum to this RFP, which will be posted to the website. Addenda may become part of the agreement documents. XXI. SUBMITTAL INFORMATION AND DEADLINE Proposals are due to the City of Santa Ana, at the date, time, and location set forth on the Notice Inviting Proposals. Faxed and e-mail proposals will not be accepted. XXII. SUBMITTAL REQUIREMENTS The RFP is intended to assess and evaluate each firm's capabilities as they apply to the proposed project. Submittal of Proposal A. Four (4) copies of the response to the RFP shall be signed by a company official with the power to bind the company. B. One (1) copy of the submittal on a compact disc, USB flash drive, or equivalent. C. Structure your proposal to include the Scope of Services response, general time implementation schedule, fees /contract price, and exhibits. City of Santa Ana GRSC Services RFP 26 Be Page 7 Each firm must address each of the following items in its response to the RFP: A. Statement of Qualifications - In order to maintain uniformity, the Statement of Qualifications must be limited to a MAXIMUM of 25 PAGES (excluding front and back covers, section dividers, and Required Exhibits). The page limitation includes all appendices, attachments, and supplemental information. The following information is required: Cover Letter — A letter signed by a principal or authorized representative who can make legally binding commitments for the entity. 2. Firm and Personnel Experience:A profile of the firm's experience, including the names and experience of personnel and sub consultants who will be providing services. At a minimum, this should include the project manager /principal agent, associates in charge when project manager /principal agent is unavailable, key personnel, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. The project manager /principal agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. 3. Documentation of the technical ability and experience that is similar in scope to the project. a. A description of previous experience, including graffiti removal services on road related facilities and private property of similar nature and scope. 4. Implementation Plan: Proposer shall submit a general description of the deliverables and timelines to complete the project and include firm start date after award and approval on Tuesday, October 20, 2015. 5. Statement of past project disqualifications(s) and litigation. 6. Proposed Quality and Cost Control Plan: to enhance the service and responsiveness to the City. It should include the following: a. The methodology in which the firm will handle complaints from the public and damage to public and private property. b. Effective means to correct problems. C. The means the firm will use for completed the project. Financial Responsibility (Capacity): Proposer shall submit its most recent audited financial statement, evidencing proposer's financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity. 8. Proposal Deposit (RFP Bond): Five - percent (5 %) of the total proposed annual contract amount of the proposal item pricing in Exhibit F. The proposal deposit must be in the form of a RFP bond, cashier's check, certified check, bank draft, letter of credit, trust company treasurer's check, or money order. Checks shall be _0) Clu_11 City of Santa Ana GRSC Services RFP Page 8 payable to the City of Santa Ana. NO PERSONAL OR COMPANY CHECKS WILL BE ACCEPTED. Proposal deposit of the unsuccessful proposers shall be returned upon award of contract by the City. B. EXHIBIT B — PROPOSER'S CERTIFICATION AND PROPOSAL ITEM PRICING C. EXHIBIT C — PROPOSER'S MINIMUM QUALIFICATIONS D. EXHIBIT D — RELEVANT WORK HISTORY E. EXHIBIT E - SOTWARE REFERENCES F. EXHIBIT F — PROPOSER'S STATEMENT G. EXHIBIT G— CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR H. EXHIBIT H — RESPONSIBLE PROPOSER— SUPPLEMENTAL QUESTIONNAIRE I. EXHIBIT I — NONCOLLUSION AFFIDAVIT J. EXHIBIT J — SAMPLE ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY K. The proposal must be completely responsive to the RFP. Any exceptions to the requirements of this RFP must be included in the proposal. Such exceptions must be included as a separate element of the proposal entitled "Exceptions and Deviations." The Executive Director, in his sole and absolute discretion, may authorize or deny any exceptions. L. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. The City reserves the right to waive minor inconsistencies in submitted Proposals. XXIII. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION As a result of this RFP, the City intends to award a contract to the responsible Proposer(s) whose response conforms to the RFP and whose RFP presents the greatest value to the City, all evaluation criteria considered. The combined weight of the evaluation criteria is greater in importance than cost in determining the greatest value to the City. The goal is to award a contract to the Proposer(s) that proposes the City the best quality as determined by the combined weight of the evaluation criteria. The City may award a contract of higher qualitative competence over the lowest priced response. The basic information that each section should contain is specified below, these specifications should be considered as minimum requirements. Much of the material needed to present a comprehensive proposal can be placed into one of the sections listed. However, other criteria may be added to further support the evaluation process whenever such additional criteria are deemed appropriate in considering the nature of the goods and /or services being solicited. The evaluation process may include a two -stage approach including an initial evaluation of the written proposal and preliminary scoring to develop a short list of Proposers that will continue to the final stage of oral presentation and interview and reference checks. The preliminary scoring will be based on the total points. The criteria for evaluating the proposals submitted will take the following items into consideration City of Santa Ana GRSC Services RFP e Page 9 A. Overall Proposal /Understanding of the Required Services ....................... 25% Proposals will be evaluated against the RFP specifications and questions below: 1. Has proposer demonstrated a thorough understanding of the purpose and scope of services 2. Has the proposer demonstrated that it understands the deliverables and reports (i.e. monthly /quarterly /annual reports and data) the City expects it to provide B. Relevant Experience ............................................. ............................25% Proposals will be evaluated against the RFP specifications and the questions below: 1. Does the proposer have experience on similar size contracts 2. Does the vendor have at a minimum three years' experience dealing with municipalities C. Price Proposal ............................................................. ............................15% Price Proposals will be evaluated on the basis of the Grand Total Pricing submitted in Exhibit B. D. Information Management ....................................... ............................25% 1. System Design — A comparison will be made of the proposed web based work order management system and mobile application tool. The ability for features of the proposed design that offer enhanced utility, ease of use of each of integration with existing Public Works equipment and systems 2. Technical support for software and data management E. Innovative and /or Creative Approaches.... .... I. ... I ......... ............... .......... 10% Ability to providing the services that provide additional efficiencies or increased performance capabilities Oral Interviews In addition to the written proposal, the top tier proposers may be asked to make an oral presentation to the Selection Advisory Committee. The Contractor should have available a principal in the company and the contractor's proposed project manager to discuss the following: 1. The major elements of the proposal and be prepared to answer questions clarifying the proposal details 2. A description of similar experience the Contractor has in providing the requested services. Exhibits may also be used 3. The proposed staffing, supervision coverage, level of training, fleet, and facility resources identified to provide the requested services 4. At least five (5) before and after pictures of various types of graffiti removal done by vendor within the last five calendar years 5. A copy of an invoice sent to a public entity; and 6. Any other area the City finds necessary to address The proposals will be reviewed by the Selection Advisory Committee of City staff members. The committee will evaluate proposers based on the response to the RFP and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. The committee may interview the top tier of proposers on Wednesday, September 30, 2015, and recommend award of the contract to the proposer who will provide the best quality service at minimum cost to the City. The City reserves the right to negotiate City of Santa Ana GRSC Services RFP Page 10 XXIV. REVIEW EVALUATION RESULTS AND AWARD Proposals will become public record after award of contract. Interested offerors may submit a written request with a self- addressed stamped envelope to receive results of the evaluation. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. Submit your request to City of Santa Ana, Public Works Agency- Maintenance Division, 220 S. Daisy Avenue, Santa Ana, CA 92703. ^ City of Santa Ana GRSC Services RFP ° I Page 11 EXHIBIT A CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR GRSC SERVICES SCOPE OF SERVICES INTENT It is the intent of these specifications, terms, and conditions to describe Graffiti Removal Street Cleaning (GRSC) Services being requested by the City of Santa Ana Public Works Agency (PWA). The City intends to award a 2 year contract (with option to renew) to the proposer selected as the most responsible proposer whose response conforms to the RFP and meets the City's requirements. It is the intent of these specifications, terms, and conditions to procure the most environmentally preferable services. SCOPE 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. 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. In the event that a service call site from the community cannot be abated within twenty -four (24) hours due to inclement weather, size of the 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. 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 Santa Ana. Contractor(s) 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 from the right -of -way, including, but not limited to: i. ii. iv. V. vi. vii. viii. Public buildings, monuments, and facilities; Street light poles; Traffic signal poles or controller boxes; Concrete structures (i.e. City -owned channel facilities, etc.); Guardrails; Traffic signs; City Parks and Trails. sidewalks, bridges, overpasses, and flood 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; I. Fences; City of Santa Ana GRSC Services RFP Page 12 iii. Sidewalks; V. Windows; V. Trash receptacles; Vi. Utility boxes and covers; Vii. Signs; Viii. Bus stops and shelters; ix. News racks; X. Doors; and A. Flag poles. Work on private property shall not be performed without the Consent form signed by the owner or authorized by the Project Manager and /or his /her designee. A sample of the Consent form is provided as Attachment 1. The contractor shall obtain the signature of the property owner on the consent form prior to beginning work. Original consent forms shall be returned to the Project Manager and /or his /her designee on a weekly basis and are the property of the City. 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, rec. buildings); iii. Concrete structures (i.e. sidewalks, paths, bridges, trails); V. Bike Paths; V. Walking Paths; Vi. Bleachers; Vii. Baseball /Softball Diamonds; viii. Trash Receptacles; ix. Rocks; X. Doors; X1. Fences; xii. Windows; xiii. Utility boxes and covers, and AV. Park Trees; The above work will be priced separately from the Pricing Section Grand Total Price in Exhibit B. 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. 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 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; City of Santa Ana GRSC Services RFP Page 13 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 Contractor(s). 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. to no later than 5:00 p.m. On Weekends and holidays, the Contractor shall respond to all graffiti telephone hotline requests received by 12 noon. q. On Weekends and holidays and every other Friday that City Hall is closed, the Contractor shall retrieve and respond to all graffiti telephone hotline requests received by 12 noon. On the weekends, contractor will respond to graffiti removal request received between noon on Saturday 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, Veterans Day, Thanksgiving Day, and Christmas Day The Project Manager and /or his /her designee or the Police Department may designate sites as needing an emergency response. An emergency work order will be issued immediately and will have first priority for graffiti removal on the same day. 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 as 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. City of Santa Ana GRSC Services RFP Page 14 b. Work orders shall include: i. Location or address; ii. Before and after photos; iii. Date and time of work order creation; V. Date and time of removal performed; V. Response time in hours; vi. City department; vii. City contact name; viii. Date and time of request; X. Date and time of work performed; X. Square footage; A. Surface type; xii. Public or private property; All. Brief description of graffiti; xiv. Description of remedy, and xv. Gang tag ID c. Work order system shall include personalized and 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; f. The City shall have access to this data following completion of the work order for a period of three years. 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. This application shall allow for the submission of photos of graffiti electronically into Contractor's Work Order System. c. Reporting party shall automatically receive an electronic response with all before and after photos once the work has been completed. City of Santa Ana GRSC Services RFP 26 � � N Page 15 d. This application shall be available on CS 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 job 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 Service 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 minimum of three (3) municipal customers of similar size that have used contractor's software for at least 12 months. IV. DELIVERABLES a. A minimum of at least two hundred (200) hours of daily weekday surveillance will be required as part of the contract. In addition, a minimum 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. b. Contractor(s) shall provide online access to before and after digital photograph files, mapped locations, billing information, etc. in a real -time environment of 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 or 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. c. 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 unless otherwise advised, upon satisfactory receipt of product and /or performance of services. ZCLJ=3° City of Santa Ana GRSC Services RFP Page 16 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 City 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 the 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. 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 monthly invoice showing the following; i. Showing each location or address serviced; ii. Number of the service request associated with the removal if any; ii. 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 the 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 work 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 all orders from the 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 once specific truck /individual to oversee an inspect work performed by Contractor's personnel assigned to this contract. The representative shall be immediately nr City of Santa Ana GRSC Services RFP Page 17 available during work activities to receive communications from the Project Manager and /or his /her designee. All Contractor staff shall be a cell phone in order to be contacted by the Project Manager ana /or his /her designated staff. 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 his contract. This person may be subject to arrest and criminal prosecution. e. Personnel employee by the Contractor shall be screened and are not to perform services under the contract without prior approval from the Contract Representatives. All employees' peforming 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 Specialist informed of requests from departments as required. VII. 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 a 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. 7GLJ A O1 City of Santa Ana GRSC Services RFP Page 18 Item No. Vii:] CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES 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 Services (Exhibit A) and I am familiar with the scope of work locations. I am familiar with all the existing conditions 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 Exhibit A. 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 EXHIBIT B 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. Quantities listed herein are annual estimates based on past usage and are not to be construed as a 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. RFP proposal fee will be based on Pricing Section GRAND TOTAL PRICE. - STREET CLEANING Monthly cost per Truck for 40 hours a week for weekday service. Service truck must be Monthly able to perform both painting and media Weekday for 1 B times (x) 12 months Daily cost per Truck for 8 hours a day for weekend (Saturday & Sunday) and Holiday Daily 2 service. Service Truck must be able to Holiday for Weekend service B times (x) 113 days and d perform both painting and media blasting. truck $ $ PRICING SECTION — GRAND TOTAL PRICE — STREET CLEANING Item No. 1: Column C times (x) Five (5) Trucks Item No. 2: Column C GRAND TOTAL PRICE (Item No. 1 & 2 above) = $ I Ar �w City of Santa Ana GRSC Services RFP F �_ Page 19 GRAFFITI REMOVAL — CITY PARKS t „` Item 0, TAL No. Description Monthly cost per Truck for 40 hours a week for weekday service to perform proactive graffiti removal in the Parks (Section I.c. of Exhibit A, Monthly B times (x) 12 months page 13 of RFP) Service truck must be able to weekday for 1 1 perform both painting and media blasting. service truck $ $ Cooperative Purchasing It is intended that any other public agency (e.g., city, county, school district, public authority, public agency, municipality, and other political subdivision or public corporation) shall have the option to participate in any award made as a result of this solicitation at the same prices. The City of Santa Ana shall incur no financial responsibility in connection with any purchase by other public agency. Labor Classification The work performed on this contract is routine, recurring, and usual. The work includes watering, trimming, pruning, planting, removal, and replacement of trees and plants, and servicing of irrigation. The rates included in the Cost Proposal are based on prevailing wage determination "Repaint Painter, Lead Abatement'. LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS BUSINESS ADDRESS PRINTED NAME OF AUTHORIZED AGENT TITLE SIGNATURE OF AUTHORIZED AGENT DATE E -MAIL ADDRESS FEDERAL ID NUMBER CONTRACTOR LICENSE NUMBER THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 4 City of Santa Ana GRSC Services RFP Page 20 EXHIBIT C CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES PROPOSER'S MINIMUM QUALIFICATIONS PROPOSER Minimum Qualifications (Circle YES or NO) Vendor(s) is in the business of providing Graffiti Removal Services on road related facilities and private properties for a municipality or a government agency over 10 square miles or greater for at least three (3) years; YES NO b. Vendor has failed to finish a municipal contract term within the last 5 years; YES NO If answer to question b. above is yes, please provide justification or explanation with the municipal contract representative for verification. Vendor possesses all permits, licenses, and credentials required to perform graffiti removal services; and YES NO Vendor has the ability to furnish the necessary personnel, equipment, cleaning materials, and supplies necessary to remove or cover graffiti. YES NO Firm: Signed: Printed Name: Title: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ..�i i 11 City of Santa Ana GRSC Services RFP Page 21 EXHIBIT D CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES RELEVANT WORK HISTORY List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment, or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer Address: Contract Amount: Description of supplies, equipment, or services provided: Reference Customer Address: Contact Individual: Phone Number: Facsimile Number: Year: Contact Individual: Phone Number: Facsimile Number: Contract Amount: Year: Description of supplies, equipment, or services provided: Reference Customer Name: Address: Contract Amount: Description of supplies, equipment, or services provided: Contact Individual: Phone Number: Facsimile Number: Year: 01�'1 U AC City of Santa Ana GRSC Services RFP Page 22 Reference Customer Name: Address: Contract Amount: Description of supplies, equipment, or services provided: Reference Customer Name: Address: Contract Amount: Description of supplies, equipment, or services provided: Contact Individual: Phone Number: Facsimile Number: Year: Contact Individual: Phone Number: Facsimile Number: Year: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana GRSC Services RFP �� Page 23 EXHIBIT E CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES SOFTWARE REFERENCES Proposer Name: Company Name: Contact Person: Address: Telephone Number: City, State, Zip: E -mail Address: Services Provided / Date(s) of Service: Company Name: Contact Person: Address: Telephone Number: City, State, Zip: E -mail Address: Services Provided / Date(s) of Service: Company Name: Contact Person: Address: Telephone Number: City, State, Zip: E -mail Address: Services Provided / Date(s) of Service: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana GRSC Services RFP Page 24 EXHIBIT F CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish the City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays, and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by the City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by the City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm: Signed: Printed Name: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana GRSC Services RFP Page 25 EXHIBIT G CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor; state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his /her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally assisted construction /services contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. The contractor shall include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless I=LJ AQ City of Santa Ana GRSC Services RFP Page 26 exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation by a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended, no discrimination shall be made in the employment of persons because of race, religious creed, color national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor violating this section is subject to all the penalties imposed for a violation of the chapter. Firm: Signed: Printed Name: Title: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana GRSC Services RFP Page 27 EXHIBIT H CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES RESPONSIBLE PROPOSER — SUPPLEMENTAL QUESTIONNAIRE 1. How many years has your organization been in business in California as a contractor under your present business name and license number? If you performed same business under a different business name with same ownership and operation management and changed name due to, but not limited to, bankruptcy, loss, or license, please complete an additional and separate questionnaire. 2. What is your firm's average gross revenue for the last three years? 3. Is your firm currently the debtor in a bankruptcy case? ❑ Yes ❑ No If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Date Filed 4. Was your firm in bankruptcy any time during the last five years? (This question refers only to a bankruptcy action that was not described in answer to Question 2, above.) ❑ Yes ❑ No If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Date Filed 5. Has any California State License Board license held by your firm or its responsible managing employee or responsible managing officer been suspended within the last five years? ❑ Yes ❑ No 6. At any time in the last five years, has your firm been assessed and paid liquidated damages after completion of a project, under a services contract with either a public or private owner? ❑ Yes ❑ No 7. Has your firm ever defaulted on a contract? ❑ Yes ❑ No If "yes," explain on a separate page. 01CV Ed City of Santa Ana GRSC Services RFP Page 28 8. In the last five years has your firm, or any firm with which any of your company's owners, officers or partners was associated, been debarred, disqualified, removed, or otherwise prevented from bidding on, or completing, any government agency project for any reason? ❑ Yes ❑ No If "yes," explain on a separate page. State the name of the organization debarred, the year of the event, the owner of the project, and the basis for the action. 9. In the past five years, has any claim against your firm concerning your firm's work on a project, been filed in court or arbitration? ❑ Yes ❑ No If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.) 10. In the past five years, has your firm made any claim against a project owner concerning work on a project or payment for a contract, and filed that claim in court or arbitration? ❑ Yes ❑ No If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.) 11. At any time during the past five years, has any surety company made any payments on your firm's behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm's behalf in connection with a project, either public or private? ❑ Yes ❑ No 12. In the last five years, has any insurance carrier, for any form of insurance, refused to renew the insurance policy for your firm? ❑ Yes ❑ No 13. Has your firm or any of its owners, officers, or partners ever been liable in a civil suit, or found guilty in a criminal action, for making any false claim or material misrepresentation to any public agency or entity? ❑ Yes ❑ No 14. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty? ❑ Yes ❑ No If "yes," identify on a separate page, the person or persons convicted, the court case and number, the crimes and the year convicted. 15. If your firm was required to pay a premium of more than one percent for a performance and payment bond on any project(s) on which your firm worked at any time during the last 28! 11 City of Santa Ana GRSC Services RFP 28 !11,52 Page 29 three years, state the percentage that your firm was required to pay. You may provide an explanation for a percentage rate higher than one percent, if you wish to do so. 16. During the last five years, has your firm ever been denied bond credit by a surety company, or has there ever been a period of time when your firm had no surety bond in place during a project when one was required? ❑ Yes ❑ No 17. Has Cal -OSHA cited and assessed penalties against the contractor or its associates for any "serious," "willful' or 'repeat' violations of its safety or health regulations in the past five years? ❑ Yes ❑ No (Note: If you have filed an appeal of a citation, and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal, you need not include information about it.) If "yes," on a separate page describe the citations, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of the project, and the amount of penalty paid, if any. State the case number and the date of any OSHAB decision. 18. Has the Federal Occupational Safety and Health Administration cited and assessed penalties against the contractor or its associates in the past five years? ❑ Yes ❑ No (Note: If an appeal of the citation has been filed and the Appeals Board has not yet ruled, or there is a court appeal pending, you need not include information about the citation.) If "yes," on a separate page describe the citation, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of project, and the amount of penalty paid, if any. State the case number and date of any decision. 19. During the last five years, has there been more than one occasion in which the General contractor or its associates have been penalized or required to pay back wages for failure to comply with the federal Davis -Bacon prevailing wage requirements? ❑ Yes ❑ No If "yes," on a separate page, describe the violator, nature of each violation, name of the project, date of its completion, the public agency for which it was constructed, the number of employees who were initially underpaid and the amount of back wages and penalties that were assessed. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana GRSC Services RFP Page 30 EXHIBIT I CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES NONCOLLUSION AFFIDAVIT NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, RFP depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above noncollusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this noncollusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California, County Subscribed and sworn to (or affirmed) before me on this day of 20_, by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana GRSC Services RFP 25 !M111111 Page 31 EXHIBIT J CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES SAMPLE ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective as a part of Policy # Issued to Countersigned by Named Insured Authorized Representative SAMPLE ONLY this endorsement form 26W 66 City of Santa Ana GRSC Services RFP Page 32 EXHIBIT K CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES SAMPLE AGREEMENT THIS AGREEMENT, made and entered into this X day of XXX, XXXX by and between X (hereinafter "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS 1. The City desires to retain a Contractor having special skill and knowledge in the field of Graffiti Removal Street Cleaning Services. 2. Contractor represents that Contractor is able and willing to provide such services to the City and is licensed by the State of California to provide Graffiti Removal - Street Cleaning Services. 3. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional Tree Maintenance firm. 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: DEFINITIONS (if any) TERMS AND CONDITIONS A. TERM The term of this contract shall commence the date of City Council award and approval of all insurance and bonds, and terminate MONTH, DAY, YEAR, unless earlier terminated as set forth in Section H, below. City is hereby granted an option to renew for up to 2 (two) additional 2 (two) - year periods on the terms and conditions set forth herein. Said options shall be exercised in writing at least thirty (30) days prior to the end of the initial term or any extension thereof. B. CONTINUED FUNDING In the event funding is not allocated for parking control enforcement services during the annual budget approval process, the City shall notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period, and contract shall terminate on the last day of current fiscal period without penalty or expense to the City r on ■ 9 .. 2City of Santa Ana GRSC Services RFP Page 33 C. COMPENSATION City agrees to pay and contractor agrees to accept as total payment for its services, the rates and charges set forth in contractor's proposal, attached hereto and incorporated by reference. The amount to be expended for services shall not exceed (dollar amount) ($ ) annually during the term of this agreement. 2. Invoices a. The contractor shall submit a monthly invoice by the fifteenth of the month to the City for the services rendered in the prior month. b. All invoices for work performed under this contract shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum: i. Contractor's invoice number ii. Beginning and ending dates for services iii. City project number and /or name (if applicable) iv. Work site address /location (if applicable) V. Unit cost, subtotals and total for invoice 3. Payment by City shall be made within sixty (60) days following receipt of proper invoice, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance of a professional parking control enforcement services. 4. Extra Work No new work of any kind shall be considered an extra unless a separate estimate is given for said work and the estimate is approved by the City in writing before the work is commenced. The contractor will be required to provide detailed information of such extra work. Documentation of contract compliance may be required on some occasions. Work performed prior to obtaining written approval of the City shall not be included within the Scope of Work and may not be paid. D. INDEPENDENT CONTRACTOR Contractor shall during the entire term of this contract, be construed to be an independent contractor and not an employee of the City. This contract 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 manner in which contractor performs the services required by this contract. 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. City of Santa Ana GRSC Services RFP IT Page 34 INSURANCE Prior to undertaking performance of work under this contract, contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from 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 One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. A sample additional insured endorsement is attached hereto as Exhibit H. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired and nonowned automobiles. 3. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, contractor is required to be insured against liability for Workers' Compensation or to undertake self- insurance. Prior to commencing the performance of the work under this contract, contractor agrees to obtain and maintain any employer's liability insurance with limits not less than One Million Dollars ($1,000,000) per accident. 4. 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 One Million Dollars ($1,000,000) per claim. 5. The following requirements apply to the insurance to be provided by contractor pursuant to this section: a. Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this agreement. b. Certificates of insurance shall be furnished to the City upon execution of this contract and shall be approved in form by the City Attorney. City of Santa Ana GRSC Services RFP Page 35 C. 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. 6. 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 contract. 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. F. HOLD HARMLESS/ INDEMNIFICATION To the fullest extent permitted by law, contractor shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims "), which may arise from or in any manner related (directly or indirectly) to any work performed or services provided under this contract (including, without limitation, defects in workmanship and /or materials) or contractor's presence or activities conducted performing the work (including the negligent and /or willful acts, errors and /or omissions of contractor, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require contractor to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the contractor. G. 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, sent by telefacsimile communication, or via e -mail to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) Santa Ana, CA 92701 Fax 714 - 647 -6956 01 CU Eel City of Santa Ana GRSC Services RFP Page 36 With courtesy copy to: Public Works Agency — Maintenance Services Division Danell Mercado, Projects Manager 220 S Daisy Santa Ana, CA 92703 To Contractor: H. TERMINATION The City reserves the right to terminate the contract as follows: In the event contractor fails or refuses to timely perform any of the provisions of this agreement in the manner required, or if contractor violates any provision of this agreement, contractor shall be deemed in default. City shall provide written notice of such default to contractor's project manager. Contractor shall cure said default within a period of two (2) working days. If such cure is not completed in a timely manner, City may assess liquidated damages or terminate the agreement forthwith by giving written notice to contractor's project manager. City may, in addition to the other remedies provided in this agreement or authorized by law, terminate this agreement by giving written notice of termination. Contractor shall be responsible for all costs incurred by City, including replacement costs of equipment and labor required to provide service during contractor's default. In the event of such termination for cause, City shall pay contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. Contractor shall not be entitled to any compensation for lost profits it terminated for cause. 2. This agreement may be terminated without cause by City upon thirty (30) days written notice delivered to the contractor either personally or by mail. Upon termination, City shall pay to contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. 3. In addition to, or in lieu of, remedies provided in this agreement or pursuant to law, City shall have the right to withhold all or a portion of contractor's compensation for contract services if, in the judgment of the projects manager or designee, the level of service falls below appropriate standards and /or contractor fails to satisfactorily perform contract services. City shall have the right to retain funds withheld until the projects manager or designee determines that contract services are performed as well and as frequently as required by this agreement. City of Santa Ana GRSC Services RFP Page 37 CONTRACTOR OPTION FOR TERMINATION The contractor may request termination of the contract when conditions during the contract make it impossible to perform or when prevented from proceeding with the contract by act of God, by law or official action of a public authority or in the event on nonpayment by the City. Such request will require one - hundred eighty (180) days written notice prior to contract termination date requested. In the event of nonpayment of undisputed sums by the City, contractor shall give the City thirty (30) working days to cure the alleged breach. J. LIQUIDATED DAMAGES If the City determines that the contractor breaches its promise to provide services in compliance with the Terms and Conditions of applicable laws and regulations, and the specifications set forth above, it would be impracticable and extremely difficult to determine the damage to City arising from such breach. Therefore, in the event of contractor's breach, contractor shall pay to City the sum of $XXX_er hour / per occurrence (see narrative) for such breach, in addition to any cost, fines, etc. levied against the City. K. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS Contractor shall solicit and advertise employment opportunities to Santa Ana residents. The City shall inform the contractor of areas to publicize recruitment opportunities, such as work centers and community centers. Such effort and procedure will be provided to the City for review. L. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS Contractor shall perform all requirements under this contract in strict observance of and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements. 2. Contractor warrants that the performance of services under this contract shall be compliant with the current requirements of the (particular relevant statutes and /or regulations) and as it may be amended or updated throughout the term of this contract. M. ASSIGNMENT Inasmuch as this contract 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 City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. !) C-U G 4 City of Santa Ana GRSC Services RFP Page 38 N. JURISDICTION — VENUE This contract has been executed and delivered in the State of California and the validity, interpretation, performance and enforcement of any of the clauses of this contract 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 contract. O. FINES The contractor shall be liable for all violation fines levied against the City by federal, state, or local agencies with regulatory authority related to contractor provided services. P. MISCELLANEOUS PROVISIONS 1. Each undersigned represents and warrants that its signature hereinbelow 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. 2. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA CARVAHALO City Attorney By: RECOMMENDED FOR APPROVAL: DAVID CAVAZOS City Manager CONTRACTOR Fred Mousavipour Executive Director Public Works Agency Tax ID# City of Santa Ana GRSC Services RFP `" ' `" Page 39 EXHIBIT L CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES GRAFFITI ORDINANCE NO. NS -2791 ORDINANCE NO. NS -2791 AN ORDINANCE OF THE CITY COUNCIL OF THE CIfYOF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE TO UPDATE THE CITY'S REGULATION Or- GRAFFITI. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Segtt. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. "rho Council finds and determines that the spread of graffiti on public and private buildings, walls, signs and other structures or places or other surfaces causes blight within the City, resulting in a genuine threat to life. Incalculable economic losses to businesses in terms of physical property, profits and goodwill, and the general deterioration of property and business values for adjacent and surrounding %W properties. B. The Council further finds and determines that the Impacts of graffiti are far beyond the oast of cleanup or removal. Not only is graffiti a property crime, but a social crime on the quality of life and freedom from Intimidation citizen's desire within their neighborhoods. C. Tho City Council intends, through the adoption of this Ordinance, to provide additional enforcement tools to protect public and private property from sots of graffiti vandalism and defacement, to prevent the spread of graffiti vandalism, protect public safety, to establish a program for the expeditious removal of graffiti from structures an public and private property, and to permit recoupment of enforcement and abatement costs In the taxpayers of the City. D. The City Council is authorized to enact this Ordinance pursuant to Its police powers as specified in Section 200 of the City Charter, as well as various provision of State Law including Sections 1714, at seq. of the California Civil Code and Sections 88772, at seq. of the California Government Code. E. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of Section 418 of the City Charter. Any such restatement of existing Ordinance No. NS•2799 .. _.._ -- PP961 of 18 City of Santa Ana GRSC Services RFP Page 40 provisions of the Code is not intended, not shall it be interpreted, as constituting a now action or decision of the City Council, but rather .i such provisions are repeated for tracking purposes only in conformance with the Charter. Sectio�t 22. In accordance with the California Environmental Quality ALL, the proposed project is exempt from further review. Categorical Exemption ER 2009 -107 will be filed for the project. Pursuant to Title XIV, California Code of Regulations ('CCR ") § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there Is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing leas is not required in conjunction with this project. Se,, fg}qp 2. Sections 10-177 and 10-178 of Article tl of Chapter 10 of the Santa Ana Municipal Code relate to controlling sate and access by iminor to pressurized paint cans and other graffiti implements, Article V of Chapter 17 of the Santa Ana Municipal Code relates to abatement of graffiti in the City of Santa Ana. in the interest of comprehensive regulation, the aforementioned sections of the Santa Ana Municipal Code should be consolidated In one Article of the Cade. Therefore, Article IV of Chapter 10 of the Santa Ana Munioipal Coda shah hereafter be designated as "Graffiti Regulations ". D—eALQn 4. Section 17.70 of the Santa Ana Municipal Code Is hereby re- designated as Section 10.221 and amended such that it reads as follows Sec. 10.221. Definitions. For the purposes of this chapter, the following words and terns shall have the meaning ascribed thereto: (a) Graffiti means any unauthorized inscription, word, figure, mark, adhesive sticker or design that is written, marked, etchad, scratched, drawn, painted, labeled, pasted, applied or affrxed, on any surface of public or private real or personal property, including, but not limited to, buildings, wells, windows, signs, structures, pieces or other surfaces regardless of the nature of the material of which the surface is composed, (b) Graffiti implement means any implement capable of marking, scarring, damaging, or defacing any surface to create graffiti, Including, but not limited to, aerosol paint containers, felt tip markers, paint sticks or graffiti sticks. etching tools, adhesive stickers, spray actuators, marring pens, drill bits, grinding stones or any other similar implement. Ordinance No. Na -2791 Page 2 of 13 ��11 11 6i I City of Santa Ana GRSC Services RFP Page 41 y, (c) Aerosol paint container means any aerosol container, regardless of the material from which it is made, that is adapted or made for the purpose of spraying paint or other substances capable of defacing property. (d) Foittip nlarkormeans any broad - tipped marker pen with a tip which, at its broadest width, Is greater than one- shtteenth (1116) of an one inch or any other similar implement containing an Ink that is not water soluble. (a) Paint stick or graffiti stick means any device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surfaces by pressure and that, upon application, leaves a visible mark on the surface at least one-sixteenth (1116) of an Inch In width or is not water soluble. (fj Adhosilve Stinkers means any sheaf of paper, fabric, plastic or other material with an adhesive, paste, or gummed backing, whichr when applied or affixed to any surface either creates a permanent contact or is not easily removable without the use of solvents, (g) Property means personal or real property. (h) Etching too/ means any sharp or pointed Instrument, that is capable of etching or marking glass, plastic, wood, metal, or concrete surfaces, including„ but not limited to, picks, scribes, awls, chisels, markers, and etchers, or any masonry or glass drill bit, carbide drill bit, glass cutter, grinding stone, etching cream or sold etching solution. (1) Expense of Abatement, Abatement Expenses, Cola of the Abatement and/or Abatement and related administrative costs Include, but are not limited to, court costs, attorneys fees, costs of removal of the graffiti or other inscribed material, costs of repair or replacement of defaced property, and the law enforcement costs incurred by the City and/or any other public agency as authorized pursuant to Government Code Section 33772(d)(1). (j) Graffiti violations of law are those violations referred to in Government Code Section 38772(d)(3) and any violation of this Article. (k) Spray actuator (also known as a spray tip, nozzle, or button) means an object or device that is capable of being attached to an aerosol or other paint container for the purpose of spraying the substance contained therein. Ordnance No. NS -2751 Page 3 of 13 O)CU G City of Santa Ana GRSC Services RFP Page 42 Section 5. Sections 10.177, 10 -178 and 1Q -176.3 of the Santa Ana Municii is are hereby re- designated as Sections 10 -222, 10 -223 and 10.223.1, +✓ respectively, and amended such that they reads as follows: See, 10 -222. Sate and Possession (a) Salo of Graffiff lmp /srnents to Mirrors. It shall be unlawful for any person, other than a parent or legal guardian. to sell exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged, given. leaned, or otherwise furnished, any aerosol paint container, broad - tipped marker, gum/pastelself- adhesive label or sticker, etchings cream, spray actuator, or paint stick to anyone under the age of eighteen (18) years without the written consent of the parents or guardian of the minor, and no person under the age of eighteen (18) years shall purchase any pressurized can containing paint or dye. (b) possession In Designated Public Places. It shall be unlawful for any person to possess any graffiti implement, with the intent to use or apply graffiti, while in or upon any public facility, park, playground, swimming pool, recreational facility or zoo or other public building or structure owned or operated by the City of Santa Ana, or white in or within bfty (50) feet of an underpass, bridge abutment, storm channel, or similar types of infrastructure unless otherwise authorized by the City. This section shall not apply to authorized employees of the City of Santa Ana or an individual or authorized employee of an Individual, agency or company under contract with the City of Santa Ana. .✓ (c) Possession by fvfinors of or Near School facilities. It shalt be unlawful for any person under the age of eighteen (16) years to possess any graffiti implement while on school property, grounds, facilities, buildings, structures, or in areas immediately adjacent to those specific locations upon public property, or upon private property without written consent of the owner or occupant of such private property. The provisions of this Section shall not apply to the possession of broad- tipped markers by a minor attending or traveling to or from a school at which the minor is amolied if the minor is participating is a class at the school that formally requires the possession of broad-tfpped markers. The burden of proof in any prosecution for violation of the Section shall be upon the minor student to establish the need to possess a broad - tipped marker. Saa, 10 -223. Public access; Signage» (a) Paints and Marirars. Every person who owns, conducts. operates or manages or retail oornmercfal establishment selling aerosol containers, paint stacks, glass etching solution, or broad- tipped markers shall store these Rams in an area continuously observable, through direct visual observation or surveillance Ordinance No PIS -2761 Page 4 of 13 ward 1 City of Santa Ana GRSC Services RFP Page 43 equipment, by employees of the retell establishment during the regular course of business. In the event that a commercial retail establishment Is unable to store the aerosol paint containers, paint sticks, glass etching solution, or broad-lipped markers in an area as provided above, the establishment shall store the containers, sticks, and markers In an area not accessible to the public without employee assistance. (b) Etching Tools. Every person who owns, conducts, operates or manages a retail commercial establishment selling masonry or glass drill bits, carbide drill bit, glass cutters, grinding stones, awls, chisels or carbide scribes, shall store or cause such items to be storad in an area viewable by, but not accessible to, the public in the regular course of business without employee assistance, pending legal sale or disposition of such Items. (c) Customer Signage. Every retail commercial establishment selling graffiti implements shall post a sign in clear public view at or near display of such products stating: "Purstrant to Penal Code Section 594.1, place a sign in clear public view at or near the display of such products stating: "Graffiti Is against the law. Any person who defaces real or personal property with paint or any other liquid or device is guilty of a crime punishable by imprisonment of up to 6 months and/or a fine up to $1004" (d) Additional Signage. Every retail commercial establishment selling vw graffiti implements shall place a sign in the direct view of such persons responsible for accepting customer payment for graffiti Implements stating; Selling spray paint, paint sticks, or broad- lipped markers to persons less than eighteen (18) years of age is against the law and punishable by a fine of $1440". 3Aw Sec. 2 =223.1, Graffiti Prohibited'. (a) Defacement. It shall be unlawful for any person to apply graffiti to any natural or manmade surface on any public or private -owned property or, without permission of the owner or occupant. (b) Directing, Aiding and Abetting. It shall be unlawful for any person to solicit or command another person to apply graffiti, or for any person to aid or abet or agree to aid or abet another person to plan to apply or apply graffiti. je ti Sections 10 -224 through 10 -225 are added to Chapter 10 of the Santa Ana Municipal Code to read in full as follows: Sec. 10.224. Penalties and other Remedies. ordinance No. NS -2791 ... .. Page a of 13 Feu c07 ts� City of Santa Ana GRSC Services RFP Page 44 Any person violating this Ordinance shelf be guilty of a misdemeanor as defined in this Code. 'N` Sao, 10 -224.1 Parental Liability (a) In the case of a minor, the parents or legal guardian shall liable with the minor for payment of all fines. (b) Failure of the parents or legal guardian to make payment will result in the imposition of an abatement assessment against the parents' or legal guardian's property that includes the fine and administrative costs. (c) Upon and application and finding of indigence, the court may decline to order fines against the minor, parents or guardian. Seo. 10 -224.3 Restitution In addition to any punishment specified in the court shall order any violator to make restitution to the victim for damages or Was caused directly or indirectly by the violators offense in the amount or manner determined by lime court. In'tho case of a minor, the parents or legal guardian shall be ordered with the minor to make restitution. In Sec. 16 -224.3 Forfeiture All personal property, including, but not limited to, automobiles, motorcycles, scooters, bicycles or skateboards, rased or intended to be used in violating this Ordinance shall be forfeitable to the City. In forfeiting such personal property, the City shall follow procedures outlined in this Code concerning forfeitures of personal property, In any forfeiture proceeding initiated under this Section, the court shall not order forfeiture unless it finds that the forfeiture is commensurate with the severity of the violation to the extent required by t(ie United States Constitution. Sec, 10-224.4 Community Service I n lieu of, as part of, or in addition to the penalties specified in this section, a mirror or adult shall be required to perform community service as described by the court based on the following minimum requirements: ..r' Ordinance No. NS-2-191 Page E of 13 isrni�ii City of Santa Ana GRSC Services RFP -1 v u — Page 45 (a) The minor or adult shall perform not less than forty (40) hours of community service for the first offense, not less than eighty (80) for the second, and not less than one hundred twenty (120) for a third or subsequent offense. (b) At least one parent or guardian of the minor shall be In attendance a minimum of F ty percent (50 %) of the assigned community service. (c) The period of community service shall be performed under the supervision of a community service provider approved by the Chief of Police.. (d) Reasonable effort shall be made to .assign the minor or adult to a type of community service that Is reasonably expected to have the most rehabilitative effect on the minor or adult, Including community service that Involves graffiti removal. (a) Any minor determined to be a ward of the court under State Law as a result of commuting an offense in the City shall he required, at the City's option; to perform community service, including graffiti removal': service of not less than forty (40) hours nor more than eighty (80) hours. �r. See. 10 -225. 'trust Fund. The City Council hereby creates, the City of Santa Ana Anti- Graffitl "crust Fund. Penalties assessed against violators of this Ordinance shall be placed in the fund, along with assessments and judgments collected pursuant to this .Article, as well as any monetary donations received from individuals or from the business community wishing to contribute to the fund. The Council shall direct the expenditures of monies In the fund. Such expenditures shall be restricted to the payment of the cost of graffiti removal, the payment of rewards pursuant to Section 141.226 of this Article and such other public purposes as may be approved by the Council. S ctton 7, Sections 17 -70.1 and 17.70.2 of the Santa Ana Municipal Code are hereby re- designated as Sections 10 -226 and 10 -227, respectively, and amended to read as follows: Sec. 10.226. Reward provisions. (a) Pursuant to Section 53059.5 of the Government Code, the city may offer a reward for information leading to the apprehension and conviction of any Odinance too. NS -2791 Page 7 of 13 03 r. u cA City of Santa Ana GRSC Services RFP — Page 46 person who places graffiti on any public or private property in such amounts approved by the City Councii, to the event of multiple contributors of information, the reward amount shall be divided by the city in a manner it shall deem appropriate. For the purposes of this section, diversion of the offending violator to a community service prograrn, or a plea bargain to a lesser offense, shall constitute a conviction. (b) Claims for rewards under this section shall be filed with the City in a manner specified by City Councit. (c) The person` convicted of committing the graffiti offense shalt be liable for any rewards paid pursuant to this section and, if that person is an unamancipated minor, the custodial parent of said minor shall be liable for any rewards pair) pursuant to this section, In the event of damage to public or private property, the offender or the parents or legal guardian of any unemancipated minor must reimburse the City for any reward paid. (d) No law enforcement officer, municipal officer, official or employee of the City shall be eligible for a reward made pursuant to this section. (e) No claim for a reward shall be allowed unless the City investigates and verifies the accuracy of the claim and determines that the requirements of this section have been satisfied. w Sac, 10-227. Graffitl as a Nuisance; City Abatement, (a) The existence of graffiti within the city limits of Santa Ana constitutes a public and private nuisance and may be abated according to the provisions and procedures conlained in this Article, (b) Removal by the Perpretrator. Any person applying graffiti on public or private properly shall have the duty to remove the graffiti within twenty -four (24) hours after notice by the City or private owner of the property involved, Such removal shall be done in a manner prescribed by the Executive Director of Public Works or other designated City official, Failure of any person to remove graffiti shall constitute an additional violation of this Ordinance, Where graffiti is applied by a minor, the parents or legal guardian having custody and control of the minor shall also be responsible for such removal. (a) Removal by City. Whenever the City becomes aware of or is notified and detennlnes that graffiti is located on publicly or privately owned property capable of being viewed from any public right -of -way or from a public or quasi - public place, the City is authorized to use public funds to remove the graffiti, by painting, repairing, water blasting, or other graffiti removal technique, to that 0 Ordinance No. NS =27gt Page 8 o 13. . - _ City of Santa Ana GRSC Services RFP Tom— Page 47 degree reasonably necessary to restore the defaced area and to avoid an aesthetic disfigurement to the neighborhood or community. (d) Right of Entry on Private Property, Prior to entering upon private property or property owned by a public entity other than the City for the purpose of graffiti removal, the City shall attempt to secure the consent of the property owner or responsible party and a release of the City from liability for property damage or personal injury. if the property owner or responsible party falls to remove the offending graffiti within the time specified by this Ordinance, at if the City has requested consent to remove or plaint over the offending graffiti and the property owner or responsible party has refused consent for entry on terms acceptable to the City and consistent with the terms of this Section, the City shall commence abatement and cost recovery proceedings for the graffiti removal according to the provisions specified In Section 10 -228, below. (a) Recovery of Costs. The City reserves the right to recover City costs and expenses from any person who has willfully damaged property In a manner described in subsection (a), above, pursuant to the provisions of this AdIde, renal Code Section 594, Civil Code Sections 731 and 1794.1 and Government Code Sections 38771, at seq. yectlon 8. Section 10 -228 is added to Chapter 14 of the Santa Ana Municipal Code to read as follows: v" Sec,10.228, Abatement by Property (Owner, 0 lay Property Owner Responsibility. Any person who is the owner or who has primary responsibility for control of private property or for repair or maintenance of private property In the City must abate graffiti as set forth below. (b) Fadfure to Remove. If the property owner has not removed the graffiti within ten (10) days after its appearance or has refused consent to the City to enter the property and abate the nuisance, the City may, pursuant to this Section, remove graffiti at the owner's an expense as a public nuisance and to assess the property for such abatement costs in accordance the procedures set forth In Chapter 17, Sections 17 -1 through 1743 of the Santa Ana Municipal Code. (c) Exceptions to the Removal Requirement, The removal requirements Identified in this section shalt not apply it the property owner or responsible party can demonstrate that the ,property owner or responsible party lacks the financial ability to remove the graffiti; or the property owner or responsible party has an active program for the removal of graffiti and has scheduled the removal of the graffiti as part of that program, In such case it shall be unlawful to permit such property to remain defaced with graffiti for a period of ten (10) days after service by first class mail of notice of the defacement. Ordinance No NS -27$1 Pap, 9of 18 ZH -M'1 City of Santa Ana GRSC Services RFP Page 48 Section 9. Sections 10 -229 through 10-233 are added to Chapter 10 of the vo Santa Ana Municipal Code to read in full as follows: Sec. 10 -229. Minor and Parental Financial Responsibility for Graffiti Violations of Law. (a) Pursuant to Government Code Sections 38772, 38773.2, and 35773.6, the City Council hereby makes the expense of abatement of graffiti violations of law committed by minor a personal obligation of both the minor causing the graffiti nuisance and the parent(s) or legal guardians) having custody and control of the minor (who shall be jointly and severally liable with the minor), and an assessment against the property of the minor or an assessment against the property of the parent(s) or legal guardians) having custody and control of the minor. (b) Pursuant to Government Code Section 38772(c), the County Probation Officer shalt report the names and addresses of parent($) or legal guardiants) having custody and control of the minor responsible for a violation of this Chapter to the Clerk of the Council, (c) Pursuant to Government Code Section 35773.7, upon a second or subsequent civil or criminal judgment within a 'two-year period, the City may find that the minor causing the graffiti nuisance and the parent(s) or legal guardian(s) .r having custody and control of the minor Is responsible for the graffiti and request the court to impose treble damages. (d) Parental Liabllfty, Pursuant Civil Code Section 1714.1, any parent or legal guardian of a minor shall be personally liable for any and all costs to the City or any person or business incurred in connection with the removal of graffiti caused by conduct of said minor, and for all aftornay "s fees, court costs, and civil penalties incurred in connection with #ha civil prosecution of any claim for damages or reimbursement up to twenty -five thousand dollars ($26,000). Sac, 10.230. [Defendant Liability for Cost of Graffiti Abatement. (a) Defendant's liability for cost of graffiti abatement. When the di$positfon of a criminal case or a proceeding pursuant to Waste and Institutions Code Section 602 determines that the defendant in that case is responsible for creating. causing or committing the graffiti which was abated by the City, that some defendant shall be liable for all costs Incurred by the City. These costs shall include, but are not limited lo, court costs, attorney's fees, costs of removal of the ,may Ordinance No N9.9791 261 1 72 1 City of Santa Ana GRSC Services RFP Page 49 graffiti or other inscribed material, coats of repair and replacement of defaced 1%W property, and the law enforcement costs incurred by the City in the identification and apprehension of the defendant responsible for the graffiti or other inscribed material on publicly or privately owned permanent real or personal property within the City, as prescribed within Government Code Sections 3B772- 38773.6, and 53469.3, (b) Adult Defendant Presumption. The determination of responsibility shall be presumed by any confession, admission, guilty plea, or plea of nolo contandere to any violation of Penal Code Sections 504, 5943, 640.5, 640.6, or 644.7. (c) Juvenile Offender Presumption. in the case of a minor defendant, responsibility shall be determined upon a conviction by final judgment or by the minor being made a ward of the Juvenile Court pursuant to Wagers and Mirtautions Code Section 642 by reason of the commission of any act prohibited under Penal Code Sections 694, 590, 644.5, 644,6, or 644:7. (d) Adult Civil Actions, The City may bring a civil action in the Superior Court to obtain a money judgment against a defendant for any amount not ordered or collected by the criminal court, including, but not limited to, all attorney's tees, court costs, and civil penalties incurred in connection with the civil prosecution of any claim for damages or reimbursement ,%W (a) Juvenile Civil Actions. The City may bring a civil action In the Superior Court to obtain a money judgment against a juvenile offender andlor his or her parent(s) or guardians) having custody and control of the juvenile offender for any amount not orderers or collected by the juvenile court, including, but not limited to, all attorney's fees, court costs, and civil penalties incurred In connection with the civil prosecution of any claim for damages or reimbursement. See. 14.231. Reserved Sec, 10.232, Assessment, Procedures. Pursuant to Government Code Section 36773.6 the City may recover its costs to abate any graffiti through assessment procedures set forth in Sections 17, 44 through 17 -43 of the Santa Ana Municipal Code, Section 14 *233, Remedies Not Excluslvo. 0 Onllnanoe No. NS -2791 _. _.... ..Peps 11 of 13 2 &W-7T Me City of Santa Ana GRSC Services RFP Page 50 Remedies provided for the enforcement of this Article are in addition to and ..s do not supersede or limit any and all other remedies provided by law. The remedies provided herein are cumulative and not exclusive. Section 10. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be Invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby dectares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or snore sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED thisi7___I,it day ofAt"iy 2009 r- uel A. Pulido 0 .EDA -a TO FORM: Mayor IN AYES: Councilmembers: Alvgrez Sustamanta. Madinea, Pulido 441 NOES: Councilmembers: NgppAQJ ABSTAIN: Councilmembers: Nona d0) NOT PRESENT: Councilmembers: Benayides...Sarmiento Tinaiero d31__ CERTIFICATE OF ATTESTATION AND ORIGINALITY 1, Maria D. Nuizar, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. N-&-_27 A to be the original ordinance adopted by the City Council of the City of Santa Ana on 69gtast 17,-2022 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Clerk of the Council City of Santa Aria - 44f Ordir nce No. NS -2701 Page 12 of 13 City of Santa Ana GRSC Services RFP 2 d a 1 74 Page 51 EXHIBIT M CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES GRAFFITI ORDINANCE NO. NS -2798 ORDINANCE NO. NS -2798 - - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE SANTAANA MUNICPAL CODE TO UPDATE THE CITY'S REGULATION OF GRAFFITI THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS; Section l. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Council finds and determines that the spread of graffiti on public and private buildings, wails, signs and other structures or places or other surfaces causes blight within the City, resulting in a genuine threat to life, incalculable economic lasses to businesses in terms of physical property, profits and goodwill, and the general deterioration of property and business values for adjacent and surrounding properties. B. The Council further finds and determines that the impacts of graffiti are far beyond the cost of cleanup or removal. Not only Is graffiti a property crime, but a social crime on the quality or life and freedom from intimidation citizens desire within their neighborhoods. C. The City Council intends, through the adoption of this Ordinance, to expand existing standards for Graffiti Abatement and to amend the Citywide Design Guidelines. In addition, this Ordinance adopts recommendations for the abatement of graffiti placed on above ground utility fixtures, including additional tools to require standardized colors for above ground fixtures, application of anti-graffiti coating to newly installed fixtures, and removal of, or painting over, graffiti in a timely manner. D. The City Council is authorized to enact this Ordinance pursuant to its police powers as specified in Section 200 of the City Charter, as well as various provision of State Law including Sections '1714, at seq. of the California Civil Code and Sections 38772, at seq. of the California Government Code. E. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of Suction 418 of the City Charter. Any such restatement of existing provisions of the Code is not intended, nor shall it be Interpreted, as constituting a new action or decision of the City Council, but rather such provisions are 0 repeated for tracking purposes only in conformance with the Charter Ordinance No NS -2798 Page t of a City of Santa Ana GRSC Services RFP Page 62 H. The permittee's removal of any graffiti within 48 hours, excluding - - - weekends or holidays, after notification; Iii. The City's right to remove graffiti or to paint the encroaching object upon the permittee's failure to remove the graffiti within 48 hours, excluding weekends or holidays, after notification; or iv, The permittxe's providing the City with sufficient matching paint and/or anti- grafflli material on demand for use in the painting of the encroaching object containing graffiti. Section 4, Section 41.638.2 of the Santa Ana Municipal Code Is hereby amended to read as follows: Sec. 41. 638.2. Standards for graffiti abatement (a) Condition "tentative Maps. In approving tentative or parcel maps, conditional use permits, varlanoes, or other similar land use entitlements, the city shall consider imposing any or all of the following conditions, or other similar or related conditions, at the public hearing required by law for approval of the tentative or parcel map, conditional use permit, variance or other similar land use entitlement: L Use of anti -gisi ift material. Developer shall apply an anti - graffiti material of a type and nature that Is acceptable to the Executive Director of Planning and Building or designee, to the publicly- viewable surfaces on the improvements to be constructed at the site deemed by the Executive Director of Planning and Building, or designee, to be likely to attract graffiti; ii. Right of access to remove graffiti. Developer shall grant, prior to resale of any or the parcels that are within the territory of the map, the righbof enhy over and access to such parcels, upon forty-eight (48) hours posting of notice by authorized city employees or agents, to the city for the purpose of removing or "painting over' graffiti; iii. Supply City with Graffiti-Rein Material. Developer shall, for a period of two (2) years after the resale of the final lot, provide the City with sufficient matching paint and /or anti - graffiti material on demand for use in the painting over or removal of graffiti; or IV. Owner to immediately removo grafdfl. Developer shall, either as part of the general conditions, covenants and restrictions, or separate covenants recorded against individual lots, prior to resale i of any of the parcels, covenant in a form satisfactory to the city (hat i Ordinance No N5 -2790 Page 3 of n City of Santa Ana GRSC Services RFP Page 53 F. On August 17, 2009, the City Council adopted Ordinance No, NS -2791 amending the Santa Ana Municipal Code to update the City's regulation of graffiti. The planning and public works Issues related to the instant Ordinance were separated from the previous ordinance in order to allow the Planning Commission and staff an opportunity to review the material. G. On September 14, 2009, the Planning Commission recommended that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2009 -06, and receive and file amendments to the Citywide Design Guidelines by a vote of 5:0. H. Staff also met with the utility companies serving the City to discuss the amendments, and the utility companies have no objections to the ordinance. Section 2. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER 2009 -107 will be filed for the project. Pursuant to Tire XIV, California Code of Regulations ( "CCR ") § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse affect on wildlife resources or the ecological habitat upon which wildlife resources depend. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. $@goon 33. Section 33.32.20 is added to Chapter 33 of the Santa Ana Municipal Code to>n full as follows: _ Sec, 33. 72.20. Standards for graffiti abatement. (a) Common Wilily Colors and paint -Typo. Any gas, electric, telephone, water, sewer, cable, telephone and other utility operating in the City shall paint its above - surface fixtures with a uniform paint type, specific to each company, and color that meets with the approval of the Director of Public Works, or the designee of the Director of Public Works. " (b) CondlHon Encroachment Permits. All encroachment permits issued by the City shall, among such other things, be conditioned: i. The permittee's application of an anti - graffiti material to the encroaching object of a type and nature that is acceptable to the Director of Public Works, or the designee of the Director of Public Works; Ordinance No. NS -2798 Page 2 of a Cmm7 City of Santa Ana GRSC Services RFP Page 54 the owner of the lots shall immediately remove any graffiti placed thereon. (b) Design of Potential Graffiti- Attracting Surfaces. Any applicant for design review approval, conditional use permit, special use permit, development agreement, or other form of development or building permit shall, to the extent deemed feasible by the Executive Director of Planning and Building or designee, have designed any building structures visible from any public or quasi - public place is such a manner to consider prevention of graffiti, including, but not limited to the following: I, Use of a protective coating to provide for the prevention of or the effective and expeditious removal of graffiti R. Use of additional lighting as a means of deterrence iii. Use of non -solid fencing iv. Use of landscaping designed to cover large expansive walls such as ivy or similar clinging vegetation; V. Use of architectural design to break up long, continuous walls or solid areas; or vi. Use of a water projection system activated by a motion sensor. (c) Retro -Fit Existing Graffiti- Attracting Surfaces: Non- Residentlat Structures. The following provisions may be incorporated in a graffiti eradication order Issued pursuant to Article VII of Chapter 17 of this Code, at the discretion of the City and /or hearing officer, At Owner's Expense. Any surface of a structure on a parcel of land used for non - residential purposes that has been defaced with graffiti more than five (5) times in a twelve (12) month period shall be declared a public nuisance and required to be retrofitted, at the cost of the property owner, with features or qualities as may be established by the City as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient or efficient removal of graffiti. In exercising the authority hereunder, the City may not Impose a cost on the properly owner of an amount greater than that established or approved by City Council. At City's Cost. The owner of property used for non- residonttal purposes on which is located a surface of a structure that has been defaced with graffiti more than five (5) times In a twelve (12) month period shall permit the City to enter the property and, at the City's cost, make modifications as necessary to reduce the attractiveness Ordinance No, NS -2788 Page 4 of 6 City of Santa Ana GRSC Services RFP Page 55 the owner of the lots shall immediately remove any graffiti placed thereon. (b) Design of PotenOal Graffiti - Attracting Surfaces. Any applicant for design review approval, conditional use permit, special use permit, development agreement, or other form of development or building permit shall, to the extent deemed feasible by the Executive Director of Planning and Building at designee, have designed any building structures visible from any public or quest- public place Is such a manner to consider prevention of graffiti, including, but not limited to the following: 1, Use of a protective coating to provide for the prevention of or the effective and expeditious removal of graffiti If. Use of additional lighting as a means of deterrence lit. Use of non -solid fencing iv. Use of landscaping designed to cover large expansive walls such as ivy or similar clinging vegetation; V. Use of architectural design to break up long, continuous wails or solid areas; or vi. Use of a water projection system activated by a motion sensor. (c) Retro -Pt Existing Graffiti - Attracting Surfaces: Non•Realdon lai Structures. The following provisions may be Incorporated in a graffiti eradication order Issued pursuant to Article VII of Chapter V of this Code, at the discretion of the City and /or hearing officer. Al Owner's Expense. Any surface of a structure on a parcel of land used for non - residential purposes that has been defaced with graffiti more than five (6) times in a twelve (12) month period shall be declared a public nuisance and required to be retrofitted, at the cost of the property owner, with features or qualities as may be established by the City as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient or efficient removal of graffiti. In exercising the authority hereunder, the City may not impose a cost on the property owner of an amount greater than that established or approved by City Council. At City's Cost. The owner of property used for non-residential purposes on which is located a surface of a structure that has been defaced with graffiti more than five (5) times in a twelve (12) month period shall permit the City to enter the property and, at the City's cost, make modifications as necessary to reduce the attractiveness Ordinance No, NS•2798 Page 4 of a 0111Ciu m7n City of Santa Ana GRSC Services RFP Page 56 jo�b ADM ariirkiit5VVVIZF iR]T1 YIItN 14{ Address: Business Rance: Attachment 1 Ante Graffiti Program Public Works Agency Maintenance Division 220 S'outhDai:y Avemm Santa Ana, California 92702 Teleplraae: (714),547-3339 Fix: (714) 647.7345 CONSENT TO ENTER & RELEASE OF LIABILITY TO THE 4LM OF SAY TA ANA. 7sD THE 6itd.FEM REMOVAL C0NfPA.l y ; Effective date of audwrization: Front . s�i�rr i `tt �, A ��s. Santa Ann. CA Authorization is effective froIn the dare Conielft Ip Enter is signed enrol permission is denied by written notification. ❑ The City of Santa {lira may use any ofits five specific colors of paint for tie removal of the gmffili. The unders:gned owner of the property, or agent representing the property owner at the address noted above, hereby conseists to earn, upon said property bypersomiel and egnfpsnen of the City of Smita Ana or its Contractor as is necessary to remove, reduce, m obliterate the writing of graffiti on the: Pleasecheck: ❑ Building ❑ Felice 11 Wall ❑ Olher improvement by using vapor atemn, uaterlriastnag, panzting. muse of solvems. l understand tint the cleaning may be in blocks or strips where the lettering appears mad that fire cleaned m processed area pray not "hitch precisely the original saMace'but every effort will be made to hatch colors to the rennahader of the above improvements, that die cleaning will not include the entire =face, but only block, patches or snaps thereof, and fire Contractor and fhe City assume no reslmusibitity if colors do not precisely match; and that Conte residue of the existing graffhi etay renlain. I request and authorize the City of Santa Alta or its Contractor to enter and use said eguipnvnrt and nlatertals with my frill knowlcdge of the above information. F Hereby release tie City of Santa Ana and its Contractor. its officers, agents mad employees, of and from anylall claims, demands, causes of action or obligations whatsoever nismg out of or reta.ting to entry on my property, and incidemat damage to shmhbs and plains, tae cleaning operations hereirmbove described, and iYmal appearance of said improvements. Print Name. signature: Telephone: Title: ❑ Owner ❑ Agent ❑ Manager Date Signed: Return signed form to: Public Works Agency— Maintenance MUM Attn: Graffiti Abatement Carew Supersisor 224 South Daisy, Balding A Santa Ana, CA 92702 Art i _ -- City of Santa Ana GRSC Services RFP Be �� Page 57 Attachment 2 N T 6,p O's to Miles O) C u e,0. City of Santa Ana GRSC Services RFP Page 58 25H -82 September 23, 2015 Mr. Danell Mercado City of Santa Ana, 220 S. Daisy Avenue Santa Ana, CA 92703 Cover .Letter Dear Ms. Mercado, City of Santa Ana Graffiti Abatement RFP number 15 -080 is submitted by Graffiti Protective Coatings, Inc. (GPC), a California corporation organized in 1991. The contacts for this project are: Carla Lenhoff, President or Barry Steinhart, General Manager (323)464 -4472/ (877)297 -8119 fax 419 N. Larchmont Blvd. # 264 1428 -B Ritchey St. Los Angeles California 90004 Santa Ana, California 92705 Graffiti Protective Coatings, Inc. is in good standing in the State of Califoriva and has all necessary licenses, permits, certifications, approvals and authorizations necessary in order to perform all of its obligations in connection with this RFP. GPC has thoroughly reviewed the request for proposal for City of Santa Ana Graffiti Abatement RFP 15 -080 and accepts all conditions and requirements contained in this RFP. GPC has received both addendums, # 1 and #2. GPC is one of the world's largest and most experienced graffiti removal companies. GPC has demonstrated over the past 24 years that it provides its customers exceptional service and value. GPC has established itself as a true leader in the field of graffiti abatement. GPC's services will benefit the City of Santa Ana (City) in the following areas: ]Experience GPC has been successfully providing graffiti abatement services to agencies as large as Santa Ana City or larger. GPC understands the financial, management, and staff requirements to make this project successful. GPC has successfully provided graffiti abatement services to Santa Ana for the past ten years. Equipment GPC currently possesses all the equipment needed for this project. The equipment is customized and designed specifically for graffiti abatement methods and techniques as called for in this RFP. A483 Staff GPC staff is well qualified and experienced in graffiti removal. Staff understands the expectations of their contracts and will seek to not only meet but also exceed those expectations. All staff goes through a one year, 100 point training process. Techniques GPC has created and mastered the methods and techniques of professional graffiti removal. GPC defines professional graffiti abatement as removal that leaves no traces of past vandalism. All of GPO's methods and techniques are based upon eco- friendly principles. Documentation GPC understands the City's documentation requirements for this contract. GPC is offering its App -Order web based work order system and mobile component to the City so that it can monitor, input, and retrieve work orders with photos over the web in real -time. GPC provides the City free upgrades and support to the software system and allows the City complete control and access of all its data related to this project. Communication GPC is available to the City staff 24 hours a day, seven days week. GPC also understands priorities and will work seamlessly with City staff. Consistency GPC provides reliable competent service on every work order that it completes. GPC has been providing the highest quality service and workmanship to the City for the entirety of GPO's relationship with the City over the past ten years, Strong Local Presence GPC has an office in Santa Ana and purchases the majority of its supplies from Santa Ana businesses. CPC's strong local presence insures the City that there will always be enough local staff and equipment to immediately service the City's needs. There is no better indicator of future behind its 24 -year overall history, exceptional service and wo mImship Approved by: success than past performance, and GPC stands and 10 -year history in the City, of providing in the field of graffiti abatement. 25H -84 Description of Proposed Services Company Information Graffiti Protective Coatings, Inc. (GPC), a California corporation, is a graffiti abatement company created in 1991. The founders of GPC, who were students at University of Southern California, had researched and improved upon various graffiti removal techniques and products from around the world after having created an award winning business plan for an entrepreneur class. GPC was then created and the University became the company's first significant client. After just one year GPC had saved the University over $100,000 (50% cost reduction), dramatically improved the appearance of the campus, and gained credibility for the start -up company. GPC's contract with the University is still in place after 24 years and has been expanded many times. The company centered on a fonnuda of constant research and development in techniques, equipment, and products as well as a highly skilled well paid labor force of problem solving, ever improving, and self-motivated individuals. GPC has stayed true to its business plan. Its products, equipment, and techniques are the most advanced in the industry. Staff expertise, consistency, and professionalism continue to grow. GPC and its related companies have over 1,000 public and private clients and presently clean over 500,000 locations and 16,000,000 square feet of graffiti amivally in four states. Required California State Contractor's License muriber is 672447. GPO's equipment set -up is designed exclusively for graffiti abatement. CPC's proprietary methods and products are vastly superior to all industry standards. Field staff is trained thoroughly in all graffiti removal techniques and situations. Office staff customizes and develops sophisticated yet user - friendly data compilation for the customers. Management understands communication, priorities, follow through, and the importance of exceeding the customer's expectations. GPC has extensive dealings with large government agencies and understands processes, procedures, work volume, documentation, and invoicing requirements associated with these customers. GPC can handle graffiti contracts of all sizes. GPC has three types of clients for graffiti abatement. These include municipalities, govermment agencies, and private customers. GPC can remove graffiti from any surface leaving no trace of graffiti, and our skilled and efficient personnel can perform these tasks at an extremely fast speed. GPC standards include 24 hour 7 day a week availability, 98% minimum color match quality, I hour or less response to emergency service requests, proactive zero - tolerance patrols, and always exceeding the specifications of the scope of work. GPC is available to City of Santa Ana (City) staff 24 hours a day, seven days week. GPC also understands priorities and will work seamlessly with City staff and City Project Manager (CPM). 25H -85 Santa Ana Results GPC has been providing graffiti removal services for the City of Santa Ana for the past ten years. The contract started as graffiti removal from only painted surfaces on weekends and Holidays. Within the first couple of weeks of services, The City realized the tremendous upgrade GPC provided from their previous weekend contractor. The City increased GPC's workload to include requests for graffiti removal from unpainted surfaces such as block walls and sidewalks. In addition, on weekdays, GPC on several occasions assisted City staff on high profile or difficult unpainted surfaces where GPO's advanced techniques could be utilized to the City's advantage. CPC's weekend Santa Ana staff led by Barry Steinhart and Rafael Serratos had a strong desire to exceed they City's expectations. Their efforts of not only clearing the Hotline but also patrolling the main streets lead to an extremely high volume of work completed. City staff took notice of the success GPC was having throughout the City. In 2008, after seeing GPCs ability to color match properties, the City asked GPC to provide a truck to restore painted buildings along major thoroughfares. This truck greatly improved the appearance of the City and was a huge success. In 2010, the City contracted with GPC to expand services year round for services that included upper level locations and color matching throughout the City. In addition, the City upgraded their graffiti information management systems by utilizing CPC's state of the art software system. Expectations were very high for the new service model. The City contracted for five trucks, however this level of manpower was based upon the City being in "maintenance" mode. GPC, at its own cost, increased the number of service trucks in the City so that GPC could go from "restoration" mode to "maintenance" mode. GPC's crews consistently cleaned greater than 10,000 sites per month, not only cleaning new graffiti but also handling deferred maintenance issues. GPC consistently provides additional service trucks on its own and at no additional charge to meet the City's needs during periods of high vandal activity. During the past 5 years, GPC has hosted many community events in the City aimed at educating the public about graffiti abatement, getting youth to participate in cleaning their community in a fun and positive manner, and working to form a partnership with residents in order to help make Santa Ana a graffiti free community. GPC proudly stands behind its exceptional ten years of service in the City of Santa Ana. 25H -86 Method of Operation Overview The keys to a successful graffiti removal program are fast response, removal of all graffiti, and removal methods that leave no traces that the graffiti ever existed. Graffiti breeds more graffiti, and fast professional removal will allow to the City of Santa Ana to control this problem. Graffiti Protective Coatings, Inc, specializes in these services with its "Zero-Tolerance Program ". Under GPC's proven program each technician is frilly equipped and trained to remove all graffiti. GPC performs thorough and complete removal, leaving no traces of the past graffiti. Details are not overlooked. All graffiti at sites requested by the City are removed no matter how small including but not limited to: public buildings, monuments, public facilities, street light poles, traffic signal poles, control boxes, concrete structures, guard rails, parks, trails, and traffic signs. Private property includes exterior walls, fences, sidewalks, windows, trash receptacles, utility boxes, signs, bus stops, news racks, doors, and flag poles. Parks includes restrooms, facilities exteriors, paths, bleachers, baseball diamonds, trash receptacles, rocks, doors, fences, windows, utility boxes, and tress. Schedule of work (days, times, etc.) GPC is planning a schedule of five trucks five days per week for a minimum of 5 full -time trucks assigned to the City of Santa Ana. A sixth truck will be assigned exclusively to parks if funding is included in the new contract. Additionally, GPC will assign a minimum of one truck for 8 hours a day on weekends and L-lolidays. GPC will perform a minimum of 200 hours of surveillance per week. GPC has a proven history in the City that it will provide additional vehicles at no additional cost as needed when needed. Identification of Work GPC will be responding to City staff requests, app requests, hotline calls, and proactive patrols of areas assigned by City staff: GPC will meet with City staff as directed to discuss work orders, schedules, and areas to be maintained. Assignment of Work GPC prefers to put technicians in their own exclusive and specific City /zone. Therefore, GPC will continue its current work plan of assigning a specific tech in five geographic zones within the City. The techs are trained to assist each other outside of their zones when spikes in service levels require their assistance. Technicians that are experts in their assigned geographic area gain efficiencies of drive time creating faster response times; more specific knowledge of neighborhoods, "hot spots ", and color matches creating better consistency; and the technicians are more accountable for the appearance of their City /zone creating higher quality. GPC will provide the City its App -Order web based work order software and a smartphone app to City staff for instant and easy communication. Besides reporting graffiti using the app and web based software, City staff can submit service requests by fax, phone, and email. All requests will receive 24 -hour turnaround. 25H -87 GPC will perform the following: patrol and clean all commercial streets and complete all work order requests with 24- hours. In addition upon the City's request GPC will clean alleys, walkways, main neighborhood streets, and any additional service requests from the City. During the patrols GPC will remove all graffiti. Each site cleaned will be photographed and documented using App - Order. Waivers will be obtained as directed from the City. GPO's Santa Ana lead service technician, upon request, will check in with City staff at a specified time to review service requests and overall operations. City staff can enter requests directly into the App -Order work order system where they will be routed real -time to appropriate technician via the technician's location. City staff can monitor and manage work orders via the web or on the provided manager's smartphone app. GPC custom color matches all buildings to 98% or better. GPC will maintain the formulas as well as the inventory of labeled locations. GPC currently has the exact color formula to virtually every building in the City. Therefore, our touch -ups will always be 100% accurate. Our custom . matches will include specific coatings and bases as needed for unique finishes. Many buildings are repeatedly tagged and would be damaged if quality of the removal does not account for the repeated volume, therefore GPC takes special care to properly prep all surfaces and then professionally apply only high quality finishes. GPC contracts to have old and unused paint picked up and recycled. Additional Work and Emergencies GPC knows from experience with the City that it will receive special event requests and emergency calls. GPC performs these services at no additional surcharge. Volunteering in the Community GPC will continue to volunteer and sponsor events such as clean -up and graffiti awareness events. GPC takes an active role helping the communities in which it works. GPC staff recently received the FBI's Outstanding Community Service Award. Response Time GPC will be available to the City 24 hours a day, 365 days a year. No matter what the Holiday or time, emergency after -hours calls will have a response time of less than one hour. 1) Emergencies- less than 60 minutes 2) Routine- clean upon spotting graffiti 3) Citizen or City reported incidents- within 24 hours LABOR -HOUR ALLOCA'T'ION CHART INCLUDING 6 "f TRUCK FOR PARKS er week worked 25H -88 # Employees GPC Field Work (hours) Management (hours) Administrative (hours % Proj. Time Field Work 5 40-48 0 0 100% Field Mgr 1 45 -48 5 0 100% Management 1 0 5 -10 1 -8 10% Administrative 1 0 0 5 10% 25H -88 Field Staff GPC offers employee's excellent pay, a thorough 100 point training program, and the best possible equipment. New hires at GPC must have a clean driving record, pass a drug test and background check, and meet GPO's extremely high minimum standards. New staff members train for 1 year as an assistant until getting the chance (upon merit) to take on the responsibility of one of GPO's routes. During training they not only learn how to become skilled professionals at graffiti removal, but also how to recognize hazards. All GPC personnel will wear GPC uniforms, reflective safety vests, and will have cell phones for immediate and direct communication. "Training includes how to match colors, proper use and repair of all equipment, working with varying graffiti removers, appropriate use of blasting attachments, recognizing hot spots and areas of importance, the best times to attack various locations, and communicating with citizens and City staff. GPC has an excellent safety record. GPC utilizes only environmentally friendly biodegradable materials and techniques and will adhere to all Local, State, and Federal rules and regulations. GPC has an appointed Safety Officer who put together our extensive Injury and Illness Prevention Program. Some highlights of our Program in which all of our employees are trained include MSDS knowledge, driving techniques, personal safety gear protection, proper use of tools and equipment, hazard communication practices, recognizing potential hazards, heat illness prevention, and job site safety. New employees also learn the importance of quality. Quality control is the responsibility of every GPC staff member. Quality of the removal is to be the highest standard, and also all graffiti removal must be 100 % completed. Attention is directed at the importance of experience, details, and ethics. GPC accepts and performs only "excellent" quality from its staff and that is the standard that the City will receive from GPC. GPO's 100 Point Training outline is on the following two pages. 25H -89 Key Personnel Key personnel for this proposal are Barry Steinhart, Carla Lenhoff, Sandy Corbett, Joni Sawyer, and Jorge Calvillo. Biographies; • Barry Stein hart-General/Proj ect Manager (24 years with GPC) 419 N. Larchmont Blvd. # 264 Los Angeles, CA 90004 (323)464- 4472/(877)297- 8119fax GPCLA@MSN.COM Barry has 22 years of experience in graffiti removal and has a degree from the University of Southern California. I-Ie will be the project manager for this RFP. He was instrumental in the development of many of GPC's graffiti removal techniques, pioneered the use of sacrificial anti - graffiti coatings, and developed the company's zero - tolerance graffiti program. He created a simple system of field color matching and the 98% minimum color match program. The level of service and quality of work performed under Barry's leadership is outstanding. Barry works very hard to be responsive, consistent, detailed, professional, and exceptional. His history is verifiable and irrefutable and always wishes to be judged more by his actions over GPC's 24 year history of successful projects verified through references rather than by words on a piece of paper. • Carla Lenhoff- President (23 years with GPC) 419 N. Larchmont Blvd. # 264 Los Angeles, CA 90004 (323)464- 4472/(877)297- 8119fax GPCLAL2MSN.COM Carla is the President of the company with 21 years of experience in the graffiti removal industry. Carla will be the administrative lead for the contract. Carla attended the University of Texas. Carla created the company's culture of unprecedented customer service, which she brought with her after serving as store director of lscada Corporation in Beverly Hills. Carla makes all new hires seeking people that possess the "intangibles ". GPC has experienced consistent growth under her leadership, amassing diversified and loyal clientele. Carla will insure that all administrative tasks relating to this contract are seamlessly fulfilled. • Sandy Corbett - Controller- (10 years with GPC) 419 N. Larchmont Blvd. # 264 Los Angeles, CA 90004 (323)464 - 4472/(877)297- 8119fax GPCLA, ,MSN.COM Sandy serves as the account representative for this project in handling all report and billing inquiries. Sandy has a M.A. from Cal State Long Beach and a B.A. from Pitzer College. Sandy has 24 years of experience across multiple industries, demonstrating consistent record of increasing profit throughout tenure. She is instrumental in reducing overhead and contributing to operational goals and persomiel relations. Her strengths 25H -90 include general ledger, financial statements, financial analysis, budgeting, cash management, and internal and external reporting. • Joni Sawyer- Software Director of Operations 1094 E. Sahara Las Vegas, NV 89104 (702) 686 -0446/ Fax (800) 536 -0963 JONI()APP- ORDER.COM Joni is the former assistant General Manager of the company and now serves as Director of Operations for GPO's software company, App - Order. Joni will be the point of contact for the contract for software solutions, Joni has a degree from Ventura Community College. Joni emphasizes the company's culture of unprecedented customer service, which she brought with her after serving as store director of Tiffany and Co. in New York and store director of Harry Winston in Beverly Hills. GPO's president, Carla Lenhoff, has a business philosophy and goal of making GPC the apex in quality and service. Carla, who got her start on Rodeo Drive, had followed Joni's career for more than 22 years and once GPC had reached a size that could support her acquisition, Joni was added to GPO's staff. • Jorge Calvillo- Project Field Mgr. (13 years with GPC) 1428 -B Ritchey St. Santa Ana, CA 92705 (323)464 - 4472/(877)297- 8119fax GPCLA @,MSN.COM Jorge has been the lead service technician for GPC in the City of Santa Ana.. Jorge will continue as the lead field tech for this project. Jorge was promoted to the City this past year after serving as the lead GPC field technician for the City of Torrance for 12 years. From Jorge's first day in the City up to the present, he has been providing the highest quality work and customer service. He has learned the City geography, residents, business owners, and City staff. Jorge is professional, understands customer service, and an expert in color matching. He is also bilingual. 25H -91 GPC Organization Chart for Santa Ana 25H -92 Technology GPC provides its App -Order web based work order system at no additional charge. This electronic work order system is a green solution to work order management. The real -time web based software system creates tremendous efficiencies and significant cost savings for GPC and the City. The City is able to dispatch, route, and monitor work orders real -time via the web. The technicians are able to directly submit work order number, address, longitude and latitude, date created, date performed, date closed, surface, method, square footage, cost, moniker, zones, public or private designation, time, remarks, comments, and before /after photos electronically in real -time to the City. System recognizes and records the technicians name as well as job start and stop times as well as City department and name of person submitting the request. Surveillance times are captured along with a corresponding route map. Work order response times are also tracked. Included, GPC will continue to provide the City its own branded app on the App Store and Android Marketplace that Santa Ana residents use to report graffiti and other issues using their smartphones. Photos and GPS data from smartphone requests electronically feed into the web based system where it is electronically directed to GPC field staff. A seamless web link is also included that allows residents to submit their requests from the City's website. Work orders are closed electronically in real -time with corresponding electronic notification of job status sent to the resident. Features include customized electronic "Thank You" response to citizen requests with before and after photographs as well as a link to an electronic survey. Survey lets residents rate the quality of services provided as well as the response time. Completed surveys are electronically sent in real -time to designated City staff. Each request will receive a work order number so that its status can be tracked. Once work requests have been received, App -Order maps out the locations on the technicians phone. All service requests will be completed within 24 hours, with the exception for inclement weather or other extraordinary circumstances that could cause a delay. The CPM will be notified of any delays. Emergency requests will receive immediate response with an anticipated removal time of 1 hour or less, GPC is available and on -call 24 -hours a day, 7 days a week. The system is role based and is user friendly. City staff can print current and real -time custom reports, maps, and graphs within seconds on -line. App -Order shows in real -time open /closed work orders, response time, billing, and reports. It also separates out costs and square footage for different surfaces, technicians, methods, and zones. Billing and reports can also be exported to excel spreadsheets in mere seconds. Law enforcement is provided passwords so they can map, search, and track vandal activity as well as get instant and real -time billing reports and photos for apprehended taggers. GPC has vast experience working with the City and understands the reporting requirements. App - Order software has a component that currently separates out the City's work orders by neighborhood and police grid. 25H -93 All data collected in the work order system for this project is the property of the City and will be available for a minimum of seven years after project completion. Custom features can be easily added with no additional cost to the City. GPC assigns the City a representative, Joni Sawyer, to handle all technology requests and issues. All requests for upgrades and support are immediately handled. In addition, Joni will work with City staff to assist in creating custom features that improve the efficiency and transparency of the graffiti program. The City receives unlimited software support and training at no additional charge. CPC's App -Order software meets and exceeds all of the City's graffiti work order system requirements. Software screen shots are included on the following pages. 25H -94 Citizen - City of Santa Ana Page ] of I You are logged in as: gpcla@msn.com ( logout ) ,Feedback �[� Apps Citizen Feedback Rep... YR15 -00070 New Citizen Feedbac... Conflg Admin System Details Edit Clone XML Touch Delete Citizen Feedback Report: YR15 -00070 Created By: anonymous (169649) Created With: Web Created; 09/03/2015 01:36:26 PM Feedback Type: Rate Graffiti Removal Services Response Time: 5 Quality of Work: 5 Comments: The graffiti response section is THE most efficient and effective department Y have ever seen In public service of this type and all involved should be very proud of the prompt and quality work they do. A big thanks? Name: Jason Carrig Email: Phone Number: 714TAINNOO Server took: 0.177 seconds 25H -95 �� t ..L.____.i l_t_.....lh O(lA 7Q'19.•ot nxRrrat a= 9/22/2015 Methods for removal GPC meets and exceeds the City's standards for graffiti abatement. - Painted Surfaces On most previously painted surfaces (with the exception of some semi - gloss, gloss, oil based, powder coated, and anti- graffiti coated surfaces), the best method of removal is to prep and repaint graffiti affected areas with exact color matches. For the few exceptions listed in parentheses above, GPC possesses a graffiti remover that erases the graffiti without damaging the finish or color of those surfaces. Preparation (prep), which includes adjacent surface protection, is vital in professional removal. Before the touch -up paint can be applied, the surface must be clean. If the graffiti is from a marker or dark spray paint on a light color, the graffiti will be "killed" with a primer. It is required to use a primer in these instances, otherwise, many rapid coats of paint will have to be applied which will lead to adhesion problems and will distort the texture of the surface. GPC must now snake the custom color of the surface, GPC will match the sheen of the surface, followed by the base, and then add colorants so that the touch -up is virtually undetectable. Once the paint is made, the formula is saved and the paint is labeled with the corresponding location. The advantage of near perfect color matches is that smaller areas can be touched -up without having to paint the entire surface, creating tremendous cost savings. All GPC techs are excellent color matchers and are extensively trained at on -site color matching. GPC applies the color using its "feathering" technique with the applicators listed above. The techs are trained to apply a thin even coat while blending out all the edges. There will be no drip marks or awkward squares. Upon completion, the touch -up will not be recognizable and no one will have known that site had been vandalized. It is important to note that GPC uses only quality paint to prevent color fading, obtain better coverage, and prevent adhesion problems. GPC utilizes drop cloths to protect the ground and landscaping from drops or spills. If vehicle(s) are too close to the work area, GPC with permission from the CPM, will reschedule for the most advantageous time. Techs are well trained and highly skilled which greatly limits the possibilities of adjacent surface damage. Plastic sheeting and tape is in every truck and will be used when necessary. Proper clean -up and disposal is performed at each site. Extreme care and diligence is always utilized when using airless sprayers and graffiti removers to avoid overspray of cars, personal property, and pedestrians. During the past 24 years GPC personnel have removed millions of tags with not one insurance claim of overspray, injury, or other complication for any of our clients. - Unpainted Surfaces GPC removes graffiti from unpainted surfaces with soda blasting techniques and chemical removal. Soda blasting can be performed wet or dry. For wet blasting, GPC utilizes water recovery and recycling equipment. GPC possesses many water recovery units. The units are truck mounted and designed after a much larger CALTRANS model. The units are fully 25H -96 automatic zero discharge - closed loop wash water recovery system. The units remove all physical particles twenty microns and larger in size as well as absorbing petroleum hydrocarbons. It collects the wash water using a Vacuboom system, filters the water and returns the clean water to the main water tank. Water recovery units are in compliance with current wastewater regulations and requirements. GPC also utilizes graffiti removers depending on the surface to be cleaned. All removers are biodegradable and non- hazardous. The removers will clean the graffiti without causing damage to the underlying surface. The media used for soda blasting is baking soda. Baking soda is FDA approved, non- toxic, and contains no free silica. It is also non- sparking, non - flammable, non - hazardous, and environmentally safe. Proper clean-up and disposal is performed at each site. Natural surfaces that are repeatedly tagged may require the application of an anti - graffiti coating. These projects will be performed on a case by case basis under the City's direction. Equipment to be provided daily within contract GPC trucks for the City of Santa Ana will be a mix of new or late model long bed heavy duty pick -ups. All tricks are fully equipped and self - contained for all aspects of graffiti removal. Graffiti locations often require multiple techniques of hot water cleaning, chemical removal, and painting. Therefore, each of our trucks are equipped with 3,000 psi 5gprn hot water pressure washers, water tanks, water recovery units, .75 -gpm gas powered airless paint sprayers, ladder, baking soda blaster attachments, and pressure washer hose reels. CPC's equipment is of the highest quality and all the trucks are specifically customized and designed for GPC graffiti removal techniques. GPC currently has all the equipment needed to fulfill this contract. Mounted on the trucks are dual strobe lights and arrow sticks. The tricks possess a "Men Working" flag sign as well as enough cones to comply with WATCH handbook requirements. Inside the trucks are caution tape, respirators, first aid kits, MSDS sheets, safety equipment, and tools for repairs. All GPC trucks for the City will always be fully equipped for all types of graffiti removal as stated above. There will be no need or delay for additional equipment. GPC has immediate access to a bucket truck; however the need in Santa Ana for a bucket truck has been virtually non- existent. Recent photo samples of work in the City are included on the following pages. 25H -97 "E• • , TG15. 0358328 08/11/15 1133 W 17th St 1133 W 17th St 25H -98 E. �aFVnms�+�....-- _,.- -- �j I 1 t yiF�..�_}r 1 %" �'� 1 �� Implementation Time Schedule Since GPC is currently performing the services requested in the RFP and has an office located within the City, GPC possesses all staff, equipment, software, and materials to immediately start services requested within the RFP and successfully complete the project in a timely manner. Disqualification and Litigation GPC has never been disqualified from any project and has never been involved in litigation regarding the performance of a contract. Handling Complaints GPC field and project manager are available to City staff 365 days a year to handle issues and complaints. Upon receiving a complaint, GPC management inunediately gathers information on the complaint and verifies the facts surrounding the issue. GPC will then take corrective action to satisfy all parties involved to the fullest extent possible. GPC has resources at all levels to insure that a complaint is turned into a compliment by the speed and thoroughness that complaints are addressed. GPC will then take corrective action, if necessary, to insure that the issues surrounding a received complaint do not repeat. GPC is best in class in its industry and puts tremendous efforts into insuring the highest quality customer service and workmanship. This has been proven to the City over the past decade. Financial Responsibility (Capacity) GPC has included in a sealed envelope the company's most recent financial statement that covers the first 6 months of 2015. GPC has a $250,000 line of credit. GPC currently has all the trucks, equipment, software, location, and staff to perform this contract. No new purchases are required. A photo of local office with trucks is on the following page. 25H -100 Addendum GPC has received Addendum #1 and Addendum #2. Creative Approach GPC is constantly looking for ways to improve its service model. Examples of creative approaches are many, but will highlight two. Prior to GPC, the City painted the signal poles with a base flat grey paint. This meant that every time there was a simple tag with marker on a pole it had to primed and repainted. GPC decided, upon approval from the City, that it would be better to paint the poles in a higher quality low gloss finish that would allow GPC staff to remove the usual small marker tags with its graffiti remover rather than layering on more coats of paint. This created a large initial labor and material cost for GPC, however it has allowed for faster removal of graffiti on poles as GPC staff can simply wipe off the tags versus priming and painting. The appearance results were also much more favorable than the original removal methods. A second example is the smartphone app. Due the size of the City it is impossible to check every street and alley in the City daily with just 5 trucks. With GPO's smartphone app provided to the City residents for free, residents can quickly take photos using the phone's GPS and transmit those requests directly to GPC staff in the field in real -time. Residents like the ease of use and feedback they receive by getting before and after photos in real -time as their request is closed. There are now close to 4,000 downloads of the app and all those residents greatly enhance CPC's graffiti surveillance activities. These are just two examples of GPO's mindset to always improve the City and the graffiti program. GPC always invests in the latest equipment, materials, and technology to increase quality and production and is why GPC staff dominate its completion in quality and output. Conclusion GPC has always provided the highest quality services at fair prices. GPC had achieved its goal making City of Santa Ana one of the best graffiti programs in the country. The program had no shortcomings or deficiencies and had consistently maintained the highest possible standards, exceeding and creating very high expectations. There is no better indicator of fixture success than past performance. 25H -102 In � ► 1 KNOW ALL MEN BY THESE PRESENTS, that we Graffiti Protective Coatings Inc. _ _ as Principal, and Platte River Insurance Company a corporation duly organized under the laws of the State of Nebraska as Surety, are bound unto of Santa Ana as Obligee, in the sum of Five percent of the ]aid Amount -------------------------------- ( 5% For payment of which sum well and truly to be made, Principal and Surety, bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Graffiti Removal service, No. 15 -080 with a bid date of 09/23/2015 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished by the prosecution thereof, or in the event of failure of the Principal to enter such Contract and five such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another part to perform the work covered by said bid, then thi546fgation shall be null and void, otherwise to remain in full force and effect. sealed this 18th day of September 2019 . SURETY: Gra fi ' to ive Coatings Inc. Platte River Insurance Company By: By: pp Name and Title J blame d Title Ryan Tash, Attorney'= Sn -F"act 25H -103 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sacramento ) On �� i/S be>�me, _ Susan Fournier, Notary Public (insert name and title of the officer) personally appeared Ryan Tash who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature rte/ (Seal) 25H -104 i� e: viv'�et;uH� \�hQ4�11�ilWR M�I i,= .mk. >.nc•.r.��or�.wsv...,�cv,ao 'xw PLATTE RIVER INSURANCE COMPANY 41325543 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the PLATTE RIVER INSURANCE COMPANY, a corporation of the State of Nebraska, having its principal offices in the Laity of Middleton, Wisconsin, does make, constitute and appoint -- • ---- -- - -JOHN T. PAGE;RYAN TASH;CHRISTINE STRADFORD — its true and lawful Av otney(s) -in- liter, to make, execute, seat and deliver for and on its behalf, as surety, and as its act and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the suns of INSTRUMENTS IN AN AMOUNTNOT TO EXCEED. $20, 000, 000. 00 ----------------- -------- •---------- — This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Bear(] of Directors of PLATTE RIVER INSURANCE COMPANY at a meeting duly called and held on the 8th day of January, 2002. "RESOLVED, that the President, and Vice - President, the Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more vice - presidents, assistant secretaries and attorney(s) -in -fact, each appointee to have the powers and duties usual to such offices to the business of the company; the signature of such officers and the seal of the Corporation may be affixed to such power of attoney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Corporation in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any of said officers, at any time," In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attomay -fn -Fact includes any and all consents for the release of retained percentages and /or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation, It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and /or its assignee, shall not relieve this surety company of any of its obligations under its bond. in connection with obligations in favor of the Kentucky Department of highways only, it is agreed that the power and authority hereby given to the Attomey -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. IN WITNESS WHEREOF, the PLATTE RIVER INSURANCE COMPANY has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested, this 8th day of January, 2014. Anent: p sniouwwamvi PLATTE RIVER INSURANCE COMPANY A.aeWiNSUR4 r4or RQ' GOFPOPAYf e0,� C _ v= A� Richard W. Allen III I SE 'zE Stephen S. Sills President � r7.L' .1-.t P Surety & Fidelity Operations CEO & President STATE OF WISCONSIN i S,Si�' NeoAnsRS'`` COUNTY( DANE J nemimmunnm� On the 8th day of January, 2014 before me personally came Stephen J. Stills, to me known, who being by me duly sworn, did depose and say: that he resides in the County of New York, State of New York; that he is President of PLATTE RIVER INSURANCE COMPANY, the corporation described herein and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that lie signed his name thereto by like order. l•' KRU96SR $ ✓ \ / Daniel W, Kruegor STATE OF WISCONSIN `r; „.� Notary Public, Dane Co., WI COUNTY( DANE CERTIFICATE My Commission Is Permanent 1, the undersigned, duly elected to the office stated below, now the incumbent in PLATTE RIVER INSURANCE COMPANY, a Nebraska Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolution of the Board of Direct rs ©rth in the Power of Attorney is now in force Signcd and sealed at the City of Middleton, State of Wisconsin this day of%'l���/ 141 amL ,� 1 SEAL F Js, Alan S. Ogitvie 6/ Secretory THIS DOCUhIF.NT IS NOI VALID UNLESS PRINTED ON GREEN SHADED BACKGROUND WPEPI A RED SERIAL NUMBER IN THE UPPER RIGHT HAND CORNER. IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OPTHIS DOCUMENT CALL, 500475 -4450. Pltd'OA (Rev. 11-13) EXHIBIT B CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES 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 Services (Exhibit A) and I am familiar with the scope of work locations. I am familiar with all the existing conditions 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 Exhibit A. 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 EXHIBIT B 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. Quantities listed herein are annual estimates based on past usage and are not to be construed as a 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. �.� �rgpgsat fee Hrti�:t�e based :on�icing,�ectlor��F,d�iJ±tk7 o��,t?�ic�ti Item PRICING SECTION — GRAND TOTAL PRICE — STREET CLEANING Item No. 1: Column C times (x) Five (5) Trucks $ '1 0, 9_t? 171 V90 Item No. 2: Column C GRAND TOTAL PRICE (here No. t s 2 above) = $ $ q "I , 41�o City of Santa Ana GRSC Services RFP 25H -106 Page 19 Monthly cost per Truck for 40 hours a week for weekday service. Service truck must be able to perform both painting and media Monthly ysenncetwekt 13,411,33 S times {x)12 months (01 911. `l1� 1 blastin . $ $ Daily cost per Truck for 8 hours a day for weekend (Saturday & Sunday) and Holiday 2 service. Service Truck must be able to nerform both Daintina and media blastine. Weekend and Holiday for lservlee .oe p In,rk s `i5 g slimes (x)915 days s 9 0, 406. cc PRICING SECTION — GRAND TOTAL PRICE — STREET CLEANING Item No. 1: Column C times (x) Five (5) Trucks $ '1 0, 9_t? 171 V90 Item No. 2: Column C GRAND TOTAL PRICE (here No. t s 2 above) = $ $ q "I , 41�o City of Santa Ana GRSC Services RFP 25H -106 Page 19 Item No. Monthly cost per Truck for 40 hours a week for weekday service to perform proactive graffiti removal in the Parks (Section I.c. of Exhibit A, Monthly F (x) tz months page 13 of RFP) Service truck must be able to Weekday fort �� q3 "3 perform both painting and media blasting. sercet uck S r89 - U Cooperative Purchasing It is intended that any other public agency (e.g., city, county, school district, public authority, public agency, municipality, and other political subdivision or public corporation) shall have the option to participate in any award made as a result of this solicitation at the same prices. The City of Santa Ana shall incur no financial responsibility in connection with any purchase by other public agency. Labor Classification The work performed on this contract is routine, recurring, and usual. The work includes watering, trimming, pruning, planting, removal, and replacement of trees and plants, and servicing of irrigation. The rates included in the Cost Proposal are based on prevailing wage determination "Repaint Painter, Lead Abatement ". (snA Fr� �f'Roftcr`vc' c- AT%r0c,- , I:tJc LEGAL, N ME OF COMPANY BUSIN SAD SS C,4 LA q-t.1i1oF PRIM D N E AUTHORIZED AGENT SIGNA AUTHORIZED AGENT DATE q V-43` T413 q&j.44�L /aa)4 6•3s P--j PHONE AND F) rlcIOul , C4 PP -C ,sr 0 Er-1i TITLE C pGLA ELmice.c Gi1y1t% LICENSE N THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana GRSC Services RFP 25H-107 Page 20 EXHIBIT C CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES PROPOSER'S MINIMUM QUALIFICATIONS PROPOSER Minimum Givalifications (Circle YES or NO) a. Vendor(s) is in the business of providing Graffiti Removal Services on road related facilities and private properties for a municipality or a government agency over 10 square miles or greater for at least three (3) years; YES NO b. Vendor has failed to finish a municipal contract term within the last 5 years; YES NO If answer to question b. above is yes, please provide justification or explanation with the municipal contract representative for verification. C. Vendor possesses all permits, licenses, and credentials required to perform graffiti removal services; and YES _ NO d. Vend r has the ability to furnish the necessary personnel, equipment, cleaning materials, and sup ecessary to remove or cover graffiti. S O Firm: rS7 -r F P ores r z J 6 Co A rrN c -,), :ma h Signed: Printed Nam L-I-A c. LC N1to } j. Title: 29-tF5 X 0EN7 Date: q)'L3 i )�- THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana GRSC Services RFP 25H -10$ Page 21 EXHIBIT D CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES RELEVANT WORK HISTORY List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment, or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer Name: C x r OF S A ru+ h hr,1 %t Address: 22o S• .?ax-sjr Av; 5 t O ', Ir h u rr CA- 'q O7 Contract Amount: Rdornoo Description of supplies, equipment, or services provided: Contact Individual: t t l 1`1 E ILL " 0 Phone Number:��1Y��OY� - }c `6 Facsimile Number: ("t7' 33� Year: 1° Q 4 - FAZ'Cr/i tom- p c rL 1 ia�frt SE�v Ce1 Reference Customer Name: t C Lc"aI A Address: u d c • S ? IL Pa G c> Phone Number. ��t ) _I > L414 c- j3 t:AeI� %I 10 Lu3 Contract Amount: 11, Facsimile Number: (5("k) r !C 2 Sy o Year: 2:2ej- PIL&CNr Description of supplies, equipment, or services provided: GRa�xr l)-eNr SFfLil - cc= J Reference Customer Name; c l r or'• S±JJ S°S` Address: I(IO rCraT t. I\ 4, & '4 /11 5�td Via) k CA of } 10L Contract Amount: '4 goo,do Description of supplies, equipment, or services provided: Contact Individual: d 0 M QLt S41-3 Phone Number: M a S1 5> yo Facsimile Number: >d Year: c7 �.r,+. w,llkM> z� li- pyu�rtr+r y C Sf s� CW.J4) Clty of Santa Ana GRSC Services RFP 25H -109 Page 22 Reference Customer Name: C z r 7 C I:. TDNXtt,y aJ C6 Address: 3o3f izph,+[c 9 tJ4. 71�itL, -jcz oi- Contract Amount: i ).)o Description of supplies, equipment, or services provided: Contact Individual: I 'I,y r 19 r' rre Phone Number: 5% „) iS 1 -'71) Facsimile Number: �i I�� 1 r61 -?199 Year: 2<+�•Y - 1'h�"Se`'' IL 4P-rtip 4-k- 5 rM1u9Lef Reference Customer Name: C Y'7 "Y aF Address: 1i j, '))-r' -;Cy) CA Contract Amount: 336'01J0 a v Contact Individual: M A i{ C ff ,45e Phone Number: _ (Gc ) 3 `t Y - 1(. "L S Facsimile Number: m.”) 39 - 16 0 1 Year: 2uc� %- �IPv1r^r7" Description of supplies, equipment, or services provided: Cs- 9'IrrrIrM aEr�,Jjrk �'Ck-L%I- S r THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana GRSC Services RFP 25H -110 Page 23 EXHIBIT E CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES SOFTWARE REFERENCES Proposer Name. &)Z*FFcs r 1'i2 TEcrc%& c:6'4rT r"G•S• C Company Name: L s ry c,: ;.t j! -A ANn Contact Person: fnt j.('"Q Address: 'Llz .5, ,�rsy ,q-,nK Telephone Number: 7Iy y'_33e City, State, Zip: S P,,asA j n- v} gq.5' E -mail Address: a n�ruh� a G su jg. y Services Provided / Date(s) of Service: CrRfir -r=rr� f (%n&k y- Soi -rvAT-?-L Company Name: c z Y n'P 5,4 N 7as c' Contact Person: o f -r - ili:l vj zA-k -Dr+�d Address: 1661 5 ,EH,cn M1�. at m Telephone Number: 4e�� 5-31 • 3 a Yo City, State, Zip: 5ka p q L+ y r i LL E-mail Address: Services Provided / Date(s) of Service: C—&A-PT -s r c Q �-v G ri-n ,m m G-m r• So A r w Tn. E .9--4 Company Name: c s i" r 0.r c a ,1 ra Contact Person: f`t � hlc C t Address: 14Lr 13osa vccw Telephone Number: g69)3q 2r City, State, Zip: c % 1 61 17 61 E -mail Address: M ch,, 5e, Q� c i , c: n IQ nb . Services Provided / Date(s) of Service: &P- FF-F c E L& (LA ^ m�-mr sof=r wand r THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE, _ City of Santa Ana GRSC Services RFP 25H-1 11 Page 24 , I CAS Q S EXHIBIT F CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES PROPOSER'SSTATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish the City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays, and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by the City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by the City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. f) All terms co t ' ed in the specifications, the certification of nondiscrimination by contractors, and the require i urance certificates are to be incorporated by reference into this agreement and are made spec r Ily,ap rt of this RFP. Signed: Printed TCC.r V Cc-ArCrJ&5, 17t J C, R LA Title: F�-e 5r4 IF N ; 23 / f THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana GRSC Services RFP Page 25 25H -112 EXHIBIT G CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor; state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his /her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally assisted construction /services contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor shall include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless City of Santa Ana GRSC Services RFP 25H -113 Page 26 exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation by a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended, no discrimination shall be made in the employment of persons because of race, religious creed, color tional origin, ancestry, physical handicaps, mental condition, marital status, or sex of suc rsons, except as provided in Section 1420, and any contractor violating this section is jeci to all the penalties imposed for a violation of the chapter. Firm: &I i =r 1-y- r-_f vr- C- q F .re\j , � c Signed: Printed Name; ,tom LiF Nt4ot=r Title: PPX 5w 9t ri I— Date: q / Z3 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSA E L. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana GRSC Services RFP Page 27 25H -114 EXHIBIT H CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES RESPONSIBLE PROPOSER -- SUPPLEMENTAL QUESTIONNAIRE How many years has your organization been in business in California as a contractor under your present business name and license number? 23 YEht -s If you performed same business under a different business name with same ownership and operation management and changed name due to, but not limited to, bankruptcy, loss, or license, please complete an additional and separate questionnaire. 2. What is your firm's average gross revenue for the last three years? 8. Is your firm currently the debtor in a bankruptcy case? u Yes ® No If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Date Filed 4. Was your firm in bankruptcy any time during the last five years? (This question refers only to a bankruptcy action that was not described in answer to Question 2, above.) ❑ Ye No If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Date Filed 6. Has any California State License Board license held by your firm or its responsible managing employee or responsible managing officer been suspended within the last five years? ❑ Yes �R No 6. At any time in the last five years, has your firm been assessed and paid liquidated damages after completion of a project, under a services contract with either a public or private owner? ❑ Yes N No Has your firm ever defaulted on a contract? ❑ Yes M No If "yes," explain on a separate page, City of Santa Ana GRSC Services RFP 25H -115 Page 28 8. In the last five years has your firm, or any firm with which any of your company's owners, officers or partners was associated, been debarred, disqualified, removed, or otherwise prevented from bidding on, or completing, any government agency project for any reason? ❑ Yes P No If "yes," explain on a separate page. State the name of the organization debarred, the year of the event, the owner of the project, and the basis for the action. 9. In the past five years, has any claim against your firm concerning your firm's work on a project, been filed in court or arbitration? ❑ Yes X No If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.) 10. In the past five years, has your firm made any claim against a project owner concerning work on a project or payment for a contract, and filed that claim in court or arbitration? ❑ Yes ® No If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.) 11. At any time during the past five years, has any surety company made any payments on your firm's behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm's behalf in connection with a project, either public or private? ❑ Yes TZ No 12. In the last five years, has any insurance carrier, for any form of insurance, refused to renew the insurance policy for your firm? ❑ Yes 9 No 13. Has your firm or any of its owners, officers, or partners ever been liable in a civil suit, or found guilty in a criminal action, for making any false claim or material misrepresentation to any public agency or entity? ■ 1' M 14. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty? ❑ Yes fil No If "yes," identify on a separate page, the person or persons convicted, the court case and number, the crimes and the year convicted. 15. If your firm was required to pay a premium of more than one percent for a performance and payment bond on any project(s) on which your firm worked at any time during the last City of Santa Ana GRSC Services RFP Page 29 25H -116 three years, state the percentage that your firm was required to pay. You may provide an explanation for a percentage rate higher than one percent, if you wish to do so. 18. During the last five years, has your firm ever been denied bond credit by a surety company, or has there ever been a period of time when your firm had no surety bond in place du rin a project when one was required? ❑ Yes No 17. Has Cal -OSHA cited and assessed penalties against the contractor or its associates for any 'serious," "willful" or 'repeat' violations of its safety or health regulations in the past five years? ❑ Yes M No (Note: If you have filed an appeal of a citation, and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal, you need not include information about it.) If "yes," on a separate page describe the citations, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of the project, and the amount of penalty paid, if any. State the case number and the date of any OSHAB decision. 18. Has the Federal Occupational Safety and Health Administration cited and assessed penalties against the contractor or its associates in the past five years? ❑ Yes 3 No (Note: It an appeal of the citation has been filed and the Appeals Board has not yet ruled, or there is a court appeal pending, you need not Include information about the citation.) If "yes," on a separate page describe the citation, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of project, and the amount of penalty paid, if any. State the case number and date of any decision. 19. During the last five years, has there been more than one occasion in which the General contractor or its associates have been penalized or required to pay back wages for failure to comply with the federal Davis -Bacon prevailing wage requirements? ❑ Yes �Q No If "yes," on a separate page, describe the violator, nature of each violation, name of the project, date of its completion, the public agency for which it was constructed, the number of employees who were initially underpaid and the amount of back wages and penalties that were assessed. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE_ PROPOSAL . PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana GRSC Services RFP 25H-1 17 ^ Page 30 EXHIBIT I CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES NONCOLLUSION AFFIDAVIT NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents ther� or.-or divulged information or data relative thereto, or paid, and will not pay, any fee to any porporation, partnership, company association, organization, RFP depository, or to any memb�r or agent thereof to effectuate a collusive or sham proposal. Note: Tai `bboye noncollusion affidavit is part of the proposal. Signing this proposal on the signatur` or,,,fJJJ���n thereof shall also constitute signature of this noncollusion affidavit. Proposers are caut� tha4,making a false certification may subject the certifier to criminal prosecution. State of California, County of Subscribed and sworn to (or affirmed) before me on this day of _. 20_ —, by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. SEE ATTACHED Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana GRSC Services RFP Page 31 25H -118 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE C< ut�e�L... . t.caf. YSv. Y.`e . .v,�¢. <.ti c N:1` u�•� '•.cfrc�2 �•.e�f.�¢ �`.. S2CvevLCa f . �a<. fd7 .c�LfiStaCc�L.af ❑ See Attached Document (Notary to cross out lines 14 below) O See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) 1 2- - - - - - -- -- - --- -- ----- - - - -- - 3 d 5- - - - - -- Signature of Document Signer No. I Signature of Document Signer No. 2 (if any) . A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 5 ERICK SANCNE DE LA PUENTE COmmiselon M 2062504 Notny Public • CUlfomia Los Angeles County COMM. Evt Tres Mar 20, 2010 r Sea/ Place Notary Seal Above Subscribed and swom to (or affirmed) before me on this 22 day of _SeIp4p�� ! 20_, by Date Month Year (1) Co, t"!c� Levkk&o (and (2) -- ), Namefrvj of SignerK proved to me on the basis of satisfactory evidence to be the pers who appeared before me. OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: l�. 6A, (rrQS;d✓e )�t�•�+rt0.vni" Document Date: %A�17 ®6 Number of Pages:, I —Signer (s) Other Than Named Above: 4% .f i-r° 02014 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5910 25H -119 EXHIBIT J CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES SAMPLE ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. With respect to the additional Insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective as a part of Policy # Issued to this endorsement form Named Insured Countersigned by Authorized Representative SAMPLE ONLY City of Santa Ana GRSC Services RFP Page 32 25H -120 REQUEST FOR PROPOSALS FOR GRAFFITI REMOVAL STREET CLEANING SERVICES CITY OF SANTA ANA Public Works Agency Maintenance Services Division Released on September 11, 2015 The referenced document has been modified and will be known as Amendment No. 1. Please sign this Amendment where designated and return the executed copy with submission of your proposal. This amendment is hereby made part of the referenced proposal as through fully set forth therein. Any questions regarding this amendment should be addressed to Danell Mercado, email dmercadoansanta- ana.org. The following panes are additional attachments to the RFP City of Santa Ana — GRSC Services RFP Amendment No. 1 Page 1 25H -121 Attachment 3 City of Santa Ana ~SRGC Services RFP Amendment No. 1 Page ��U� ��� ��U��U�� Comm re too All Mel Raw AV. PARIG, RECREATION ANO COMMUNITY SERVICES AGENCY City of Santa Ana ~SRGC Services RFP Amendment No. 1 Page ��U� ��� ��U��U�� Attachment 4 Mandatory Pre - Proposal Meetings — Sign In Sheet City of Santa Ana — GRSC Services RFP Amendment No. 1 Page 3 25H -123 Attachment 5 Monthly Graffiti Statistics — January through June 2015 January, 2015 Public Works Agency Total locations received from hotline calls 1,248 Total locations received from App -Order 457 Total Square Footage removed 282,840 Average response time for service calls through Hotline /App - order: Same Day Response 76% Between 24 and48 hours 14% Over 48 hours and/or referred to other Agencies 10% Police Department Number of Arrests by SAPD 10 Number of Retail Inspections 0 Number of probation searches by SAPD 0 Number of Arrests by SA School Police 11 Restitution Awarded by the Court $1,922.00 Restitution Received for Graffiti Cases $1,922.00 Number of $500.00 Graffiti Rewards given 0 Code Enforcement Number of complaints addressed from Hotline referrals 3 Number of Administrative Citations issued I Number of Notice of Violations issued 0 Number of Property Modifications Ordered 0 Page 1 of 6 City of Santa Ana — GRSC Services RFP Amendment No. 1 Page 4 25H -124 Public Works Agency Total locations received from hotline calls Total locations received from App -Order Total Square Footage removed Average response time for service calls through Hotline /App - order: Same Day Response Between 24 and48 hours Over 48 hours and/or referred to other Agencies Police Department Number of Arrests by SAPD Number of Retail Inspections Number of probation searches by SAPD Number of Arrests by SA School Police Restitution Awarded by the Court Restitution Received for Graffiti Cases Number of $500.00 Graffiti Rewards given Code Enforcement Number of complaints addressed from Hotline referrals Number of Administrative Citations issued Number of Notice of Violations issued Number of Property Modifications Ordered Page 2 of 6 City of Santa Ana — GRSC Services RFP Amendment No. 1 Page 5 25H -125 February 2015 962 670 260,352 83% 9% 8% 10 0 0 3 $1,085.00 $1,085.00 0 4 1 0 0 March, 2016 Public Works Agency Total locations received from hotline calls 1,424 Total locations received from App -Order 855 Total Square Footage removed 271,360 Average response time for service calls through Hotline /App - order: Same Day Response 76% Between 24 and48 hours 9% Over 48 hours and/or referred to other Agencies 15% Police Department Number of Arrests by SAPD 8 Number. of Retail Inspections 0 Number of probation searches by SAPD 0 Number of Arrests by SA School Police 2 Restitution Awarded by the Court $1,600.34 Restitution Received for Graffiti Cases $1,600.34 Number of $500.00 Graffiti Rewards given 0 Code Enforcement Number of complaints addressed from Hotline referrals 3 Number of Administrative Citations issued 2 Number of Notice of Violations issued 0 Number of Property Modifications Ordered 0 Page 3 of 6 City of Santa Ana — GRSC Services RFP Amendment No. 1 Page 6 25H -126 April, 2016 Public Works Agency Total locations received from hotline calls 1,214 Total locations received from App -Order 686 Total Square Footage removed 277,278 Average response time for service calls through Hotline /App - order: Same Day Response 82% Between 24 and48 hours 10% Over 48 hours and /or referred to other Agencies 8% Police Department Number of Arrests by SAPD 6 Number of Retail Inspections 0 Number of probation searches by SAPD 0 Number of Arrests by SA School Police 0 Restitution Awarded by the Court $2,014.09 Restitution Received for Graffiti Cases $2,014.09 Number of $600.00 Graffiti Rewards given 0 Code Enforcement Number of complaints addressed from Hotline referrals 7 Number of Administrative Citations issued 0 Number of Notice of Violations issued 0 Number of Property Modifications Ordered 0 Page 4 of 6 City of Santa Ana — GRSC Services RpP Amendment No. 1 Page 7 25H -127 May. 2015 Public Works Agency Total locations received from hotline calls 1,011 Total locations received from App -Order 1,069 Total Square Footage removed 260,406 Average response time for service calls through Hotline /App - order: Same Day Response 85% Between 24 and48 hours 8% Over 48 hours and/or referred to other Agencies 7% Police Department Number of Arrests by SAPD 7 Number of Retail Inspections 0 Number of probation searches by SAPD 0 Number of Arrests by SA School Police 1 Restitution Awarded by the Court $1.028.79 Restitution Received for Graffiti Cases $1,028.79 Number of $500.00 Graffiti Rewards given 0 Code Enforcement Number of complaints addressed from Hotline referrals 5 Number of Administrative Citations issued 2 Number of Notice of Violations issued 0 Number of Property Modifications Ordered 0 Page 5 of 5 City of Santa Ana -- GRSC Services RFP Amendment No, 1 Page 8 25H -128 Public Works Agency Total locations received from hotline calls Total locations received from App -Order Total Square Footage removed Average response time for service calls through Hotline /App - order: Same Day Response Between 24 and48 hours Over 48 hours and/or referred to other Agencies Police Department Number of Arrests by SAPD Number of Retail Inspections Number of probation searches by SAPD Number of Arrests by SA School Police Restitution Awarded by the Court Restitution Received for Graffiti Cases Number of $500.00 Graffiti Rewards given Code Enforcement Number of complaints addressed from Hotline referrals Number of Administrative Citations issued Number of Notice of Violations issued Number of Property Modifications Ordered Page 6 of 6 City of Santa Ana — GRSC Services RFP Amendment No. 1 Page 9 25H -129 June, 2015 1,003 969 312,268 85% S% 7% 6 0 0 3 $1,101.31 $1,101.31 0 0 3 1 0 Attachment 6 Graffiti Removal Program Work Order Monthly Statistics - January through August 2015 Total Request for Service Total Work Orders Completed Total Square Footage Removed .January ,February,,, A" 1�V , *'! , „ August, 1,705 1,632 2,279 1,949 2,080 1,972 1,435 1,503 7,965 7,787 8,082 8,574 8,696 10,428 8,292 8,206 282,840 260,352 271,360 277,278 260,406 312,268 257,030 259,501 All other provisions of the invitation of this proposal hereby acicnowledge receipt and understanding of thej f ji�j-Ec, Company Name Sig CA kui- L ; N 4--t Printed Name of Signer Address in their entirety. Vendors 19 (0 r? i — i- Title City of Santa Ana - GRSG Services RFP Amendment No. I Page 10 25H-130 REQUEST FOR PROPOSALS FOR GRAFFITI REMOVAL STREET CLEANING SERVICES CITY OF SANTA ANA Public Works Agency Maintenance Services Division Released on September 17, 2015 The referenced document has been modified and will be known as Amendment No. 2. Please sign this Amendment where designated and return the executed copy with submission of your proposal. This amendment is hereby made part of the referenced proposal as through fully set forth therein. Any questions regarding this amendment should be addressed to Danell Mercado, email dmercado@santa- ana.org. RFP Page 10 D. Information Management ....................................... ............................25% 1. System Design - A comparison will be made of the proposed web based work order management system and mobile application tool. The ability for features of the proposed design that offer enhanced utility, ease of use of each criteria and the integration with existing Public Works equipment and systems 2. Technical support for software and data management Labor Classification The work performed on this contract is routine, recurring, and usual. The work includes proactive graffiti removal through painting and media blasting. The rates included in the Cost Proposal are based on prevailing wage determination "Repaint Painter, Lead Abatements ". Ali other provisions of the invitation of this pr hereby acknowledge receipt and understanding C,tlJi'F1 =Gt "s 11Av; "tc.�;'vc Conrw.�cS' ��+c. Company Name C,N—&" `s;,N 1) 0 �= Printed Name of Signer in their entirety. Vendors Pdtic`)y =s�"" Title _1-2 --I S- t,h- 1 ! ti, lJ'9 Ik' L�"`'f tom' �C °!ii CBCfl I �_ Address City of Santa Ana - GRSC Services RFP Amendment No. 2 Page 1 25H -131 25H -132