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HomeMy WebLinkAbout25C - GRAFFITI REMOVALREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 4, 2011 TITLE: AGREEMENT AWARD FOR GRAFFITI REMOVAL SERVICES CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1st Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the agreement with Graffiti Protective Coatings, Inc., to provide graffiti removal services, for an amount not to exceed $600,000 with an option to extend the agreement for four additional one-year renewals, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency's Maintenance Division is responsible for citywide graffiti abatement. Graffiti abatement is performed 365 days a year. Graffiti is typically removed within 24 hours based on requests received from City staff and from residents through the City's graffiti hot-line telephone number. Contracting graffiti services have been pursued to provide enhanced service levels to the community. The contractor will be required to provide citywide color matching as part of the contract. Currently, staff does not provide color matching due to the cost to purchase specialized equipment for each employee. Color matching eliminates the patchwork of dissimilar colors at a specific location, which then removes the "graffiti scar" that often provokes additional graffiti to occur. Also, the contractor will be required to provide upper-level graffiti removal daily. By the contractor exclusively handling this service, the City's liability for potential damage to structures and employee injuries is eliminated. The contractor will be required to offer this service daily. Further, the City hires a second contractor at $120,000 a year to provide the Police Department with graffiti crime analyses. Graffiti Protective Coatings, Inc., will include this service in the proposed contract at no additional charge. 25C-1 Agreement Award for Graffiti Removal Services January 4, 2011 Page 2 A Request for Proposals was advertised on August 12 and 14, 2009, and proposals were solicited. A summary of the proposals requested and received is as follows: 11 Request for Proposals mailed 0 Request for Proposals mailed to Santa Ana vendors 2 Proposals received 0 Proposals received from Santa Ana vendors On August 26, 2009, two proposals were received and were evaluated by a City team comprised of representatives from the Public Works Agency, Police Department, and Community Development Agency using the following criteria: organizational credentials, experience, work plan, and pricing. The maximum obtainable score is 750. The ratings for the two respondents are as follows: FIRM LOCATION PRICE PER MONTH RATING Graffiti Protective Coatings, Inc. Los Angeles, CA $50,000 709 Urban Graffiti Enterprises Inc. Azusa, CA $37,500 507 Staff performed reference checks on both proposers and was informed by several cities that Urban Graffiti Enterprises Inc. did not perform and therefore their contract was not renewed. The proposal from Graffiti Protective Coatings, Inc., (GPC) received the highest overall rating, is responsive to the specifications, and meets the City's requirements. The GPC proposal included an extensive work plan and demonstrated the organizational credentials and staff experience necessary for removing graffiti. They have consistently demonstrated the ability to provide a high standard of service. Additionally, GPC provided staff with a written statement indicating the rate of pay for their employees exceeds the living wage standards for the Santa Ana and Orange County area. Thus staff recommends an agreement with GPC for an annual amount of $600,000 with no cost increases over the five-year term per Exhibit 1. There will be no layoffs of City employees as a result of this contract. City staff assigned to the graffiti removal program will be reassigned to the right-of-way maintenance program in the sanitation fund with no changes to their current salary rate. Current estimates are that up to 80 percent of the staff in the Maintenance Services Division is eligible to retire within the next five years. With a conservative assumption of one employee retiring per year, the Sanitation Fund will then realize a gradual cost savings. This reduction in personnel costs is an important long-term strategy to balance the sanitation fund given that any increase in this fund is subject to voter approval per Proposition 218. 25C-2 Agreement Award for Graffiti Removal Services January 4, 2011 Page 3 FISCAL IMPACT Funds are available in the Environmental Sanitation Fund (accounting unit 06817642-62300). APPROVED AS TO FUNDS AND ACCOUNTS: yg.,Raul Godi z II Francisco Gutierrez 1 Executive rector Executive Director Public Wor Agency Finance & Management Services Agency RG:DM Exhibit: 1. Letter from GPC 25C-3 25C-4 December 6, 2010 Ms. Danell Mercado City of Santa Ana 220 5, Daisy Ave. Santa Ana, CA 92702 Ms. Mercado. In an effort to promote stability, guarantee residents and businesses with quality graffiti removal and customer service, GPC is committing to no increases in its unit cost for the next five years of contract service, By blitzing the City with an aggressive and thorough proactive "zero tolerance" effort, and including color matching and daily upper level graffiti removal city-wide to the contract, GK is confident that within one year the amount of graffiti reoccurrences will decrease. As a result, GPC in coordination with City staff will re-evaluate required manpower after one year, and will remove one vehicle from service which would reduce our contractual obligation by $120,000, I would also like to inform you of GPCs efforts wurking directly with the community, GPC offers hands on workshops and sponsored clean-up events with neighborhood leaders and volunteers to educate them on graffiti removal along with leaving them training and supplies to continue helping in their community. i? Sincere)y, . t Carta Lerltt?dff, President Exhibit 1 25C-5 25C-6 GRAFFITI REMOVAL SERVICE AGREEMENT THIS AGREEMENT, made and entered into this 18'h day of January, 2011 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 graffiti removal. 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: 1. SCOPE OF SERVICES Contractor shall provide graffiti removal services, with a staff of five (5) Graffiti Removal Persons, under the direction of City staff, as set forth in Exhibit A, attached hereto and incorporated to this Agreement by reference. Graffiti removal shall be performed every day of the week. It shall be Contractor's responsibility to schedule personnel to ensure graffiti removal is accomplished in a timely manner each day. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, $50,000 per month, as set forth in Exhibit B, attached hereto and incorporated by reference. The total sum to be expended under this Agreement shall not exceed $600,000, annually, during the term of this Agreement. b. Payment by City shall be made within thirty (30) 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 January 1, 2011 and terminate on December 31, 2011, unless terminated earlier in accordance with Section 12, below. The contract may be extended on the written agreement of the parties, for up to four (4) additional one-year terms. Any such extension shall be subject to the same terms and conditions contained in this Agreement. Increases may be negotiated and adjusted prior to the commencement of any extended term, to be effective during such extended term. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify Contractor 1 25C-7 of such occurrence and contract shall terminate on the last day of the current fiscal period without penalty or expense to the City. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. 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. Consultant 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 therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not 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 3300 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. 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 in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 2 25C-8 e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect 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. 6. 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 health, and claims for property damage, which may arise from the direct or indirect 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. 7. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 8. 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 telefacsimile 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 telefacsimile (714) 647-6956 With courtesy copies to: Public Works Agency - Maintenance Services City of Santa Ana 220 S. Daisy Avenue 3 25C-9 Santa Ana, California 92703 telefacsimile (714) 647-3345 Attn: Will Hayes and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Contractor: Graffiti Protective Coatings, Inc. Carla Lenhoff 419 N. Larchmont Blvd., #264 Los Angeles, California 90004 telefacsimile (323) 464-4472 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 telefacsimile, 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. 9. 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 nor 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. 10. 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 of this Agreement performed by City personnel or by other Contractors retained by City. 11. TERMINATION This Agreement may be terminated by the City upon sixty (60) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all 4 25C-10 services performed by Contractor through the termination date, however, payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. Contractor shall have no other claim against City by reason of such termination. 12. 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. 13. 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. 14. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS Consultant shall carry out all services pursuant to this Agreement in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the City, including all applicable federal, state, and local occupation, safety and health laws, rules, regulations and standards, applicable state and labor standards, prevailing wage requirements, the City zoning and development standards, City permits and approvals, building, plumbing, mechanical and electrical codes, as they may apply, and all other provisions of the City and its Municipal Code (as they may apply), and all applicable disabled and handicapped access requirements, including, without the limitation, the Americans With Disability Act, 42 U.S.C. § 12101 et seq., Government Code § 4450 et seq., and the Unruh Civil Rights Act, Civil Code § 51 et seq. 15. 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. 5 25C-11 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 CITY OF SANTA ANA DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: RAUL GODINEZ II Executive Director - Public Works Agency CONTRACTOR (NAME) (Title) Tax ID# 6 25C-12 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR'S RESPONSIBILITIES - A. Work Assignments 1. Contractor will provide graffiti removal services for all streets, sidewalks, private and public property, parks, bike trials, flood channels, civic center and right-of-ways, located within city limits. 2. The Contractor shall contact the Project Manager and/or his/her designee each weekday, at a mutually agreed upon time, to discuss the Contractor's schedule for the day, pending work orders, areas to be maintained and areas to be inspected for approval. Weekend work orders will be assigned on Friday. 3. The Contractor shall receive work orders from the Project Manager and/or his/her designee via electronic mail, facsimile, or written, as agreed upon by the Project Manager and/or his/her designee and the Contractor. 4. Upon receipt of a work order, the Contractor shall inspect the location and determine the method of removal according to the PWA Graffiti Removal Standards, attached hereto as Attachment 1, which will maintain the integrity of the surface. 5. The Contractor shall provide services within twenty-four (24) hours of receiving work orders. In the event that a site 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. 6. Work may be assigned as a targeted graffiti route with graffiti removal. As directed by the Project Manager and/or his/her designee, the Contractor shall be assigned to schedule visits to specified sites, neighborhoods or corridors. The Contractor may be required to work with a site, neighborhood or corridor liaison in addition to the Project Manager and/or his/her designee. 7. The Contractor shall meet with the Project Manager and/or his/her designee one time per week at a mutually agreed upon time to discuss program status and issues. 8. 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. Emergency response sites will have first priority and may require abatement on the same day. 9. The Contractor shall deliver completed work orders to the Project Manager and/or his/her designee via electronic mail, facsimile, mail or in person on, or prior to, the first working day of the week following assignment of the work order. Accommodations for special projects may be made. 10. Work on private property shall not be performed without the Contractor a Consent form signed by the owner or authorized by the Project Manager and/or his/ her designee. 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 property of the City. The City will maintain a database of Consent Forms. B. Description of Work 1. The method of removal shall not leave shadows or ghosts and shall not follow the pattern of the graffiti such that letters or shapes remain apparent on the surface after markings have been removed. 2. Unless otherwise approved by the Project Manager and/or his/her designee, graffiti shall be removed so that virtually no trace of the pre-existing graffiti remains. 3. The Contractor shall protect the surfaces adjacent to the area to be abated. 7 25C-13 4. The Contractor shall abate the entire surface in the event that the graffiti covers a significant area of the surface. The Project Manager and/or his/her designee shall determine whether or not an entire surface will be abated on a case by case basis. 5. In the event that the Contractor arrives on site to find the graffiti has been abated, the Contractor shall notify the Project Manager and/or his/her designee and submit photos of the location within 24 hours. 6. The Contractor shall ensure protection of the work area at all times including, but not limited to: a. Barricading the area of work at distances so as not to allow persons who are not involved with the abatement into the area. b. Barricading area work performed within the public right-of-way. c. Using warning signs and sidewalk and street cones to inform the public of work being conducted as stipulated in watch handbook. d. Immediately correcting damage to the work site. e. Leaving work in undamaged condition. f. Providing signs to protect the finishes and the public. 7. The Contractor shall remove all equipment and materials from each site and leave the site broom clean at the completion of each removal location. 8. The Contractor shall dispose of all materials containers and excess materials in accordance with all applicable laws, regulations, ordinances, codes and any other legislative or statuary requirements. Material rinse residue shall be collected and disposed of appropriately. C. Photographic Documentation of Work 1. Photographs shall document the size, type of surface, hotline or no hotline, private or public property, paint or water blast of the area of graffiti to be abated. Photographs shall also document the address of the location of the graffiti. Equipment to take photographs will be provided by the City. D. Personnel 1. Contractor shall designate one specific individual to oversee and inspect work performed by Contractor's personnel assigned to this contract. The representative shall be immediately available during work activities to receive communications from the Project Manager and/or his/her designee. Such representative shall have a cell phone to in order to be contacted by the Project Manager and/or his/her designated staff. 2. Contractor shall make the designated representative available to accompany the City representative to inspect sites and/or work upon twenty-four (24) hours notice. 3. 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. 4. Contractor shall ensure that all employees have immediate access to the Material Safety Data Sheet's (MSDS) for each product used in the performance of this contract. 5. Any person assigned to this contract found to be in possession of and/ or under the influence of intoxicants or narcotics shall be removed from assignment to this contract. This person may be subject to arrest and criminal prosecution. 6. Personnel employed by the Contractor shall be screened and are not to perform services under the contract without prior approval from the Contract Representative. All employees performing services must undergo a criminal background investigation prior to service under this contract. 8 25C-14 E. Equipment 1. The Contractor's vehicles and equipment shall be neat in appearance and easily identified. Identification on 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. 2. The Contractor shall maintain its vehicles and equipment in safe and mechanically sound condition. 3. The Contractor shall provide all personnel, vehicles, supplies and equipment necessary to perform services. F. Compliance with Applicable Laws and Regulations 1. Contractor shall perform all requirements under and in strict observance of and compliance with all applicable laws, regulations, ordinances, codes and any other legislative or statutory requirements. 2. Contractor warrants that the performance of services under this contract shall be compliant with the current requirements of the Occupational Safety and Health Act (OSHA) and as it may be amended or updated throughout the term of this contract. G. Use of Products 1. The Contractor shall be in possession of a copy of the MSDS for each product used in the performance of work at all times. 2. Contractor shall ensure that all employees have immediate access to the Material Safety Data Sheet's (MSDS) for each product used in the performance of this contract. 3. All products used by the Contractor shall be manufactured products specifically intended for purpose for which they are being used. Contractor shall not devise any products of his/ her own making for use under this contract. The use of all products shall be in strict conformance with the manufacturer's specifications. 4. Contractor shall be in compliance with all provisions of the Federal Hazard Communication Act. H. Protection of the Public and Damages to existing Structures 1. The Contractor shall exercise caution at all times for the protection of persons and property. All fines, penalties and/ or repair changes resulting from the Contractor's actions and responsibility of the Contractor. 2. The Contractor shall not permit placing or use of equipment in such a manner as to block vehicle traffic lanes or create safety hazards. The Contractor shall be responsible for the use of all appropriate warning devices according to the watch handbook. 3. The Contractor shall avoid damage to existing structures. In the event that structure is damaged in the course of the work, the Contractor shall be solely responsible for its repair or replacement. 1. Invoices 1. All invoices for work performed under this contract shall be submitted electronically in an Excel 2003 format approved by the Project Manager and/or his/her designee. 2. The Invoice shall include the following: a. Contract number b. Contractor's invoice number c. Abatement site address d. Work order number e. Beginning and ending dates for services 9 25C-15 f. Square footage removed for each method of removal g. Total square footage removed h. Unit cost, subtotals and total for invoice II. SPECIFICATIONS- Painting 1. The Contractor shall professionally match existing paint using an approved paint palette. 2. The Contractor shall not paint previously unpainted surfaces and finishes such as slump stone, split face masonry, stone, brick or concrete block unless painting is specifically requested by the property owner or Project Manager and/or his/her designee. These specific requests shall be noted on the work order for the site. III. SPECIFICATIONS- Media Blasting and Chemical Removal 1. All chemical graffiti removal products shall be biodegradable and environmentally safe. 2. The Contractor shall perform all abrasive removal techniques so that the abatement area is blended into the adjacent surface. 3. Should one location require more than one removal technique and the total square footage of the abatement does not exceed one hundred fifty (150) feet, the City shall not be charged the minimum charge for both techniques. The Contractor may charge the average of the minimum charges for the techniques used. IV. WORKING HOURS Working hours shall be no earlier than 6:00 a.m. to no later than 5:00 p.m. weekdays. On Saturdays, Sundays and holidays, the Contractor shall respond to all graffiti telephone hotline requests received by 12 noon. Contractor shall respond to graffiti removal request received between 12 noon on Saturday and 12 noon on Sundays by 5:00 p.m. that same Sunday. If the Contractor cannot respond to a request made after 12 noon on a Sunday or holiday, Contractor will inform City on the following workday and abatement responsibility will be assigned by City. V. Work by the City Staff Because of Nonconformance to Contract Should the Contractor fail to correct deficiencies or public nuisances that have been created because of Contractor's operation, 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 callout charge of $75 for each callout. It should be noted that there is a minimum of a two-hour charge for labor on any callout. Contractor shall provide experienced and knowledgeable professional staff. Contractor's Project Manager and staff shall be responsive and maintain excellent working relationships with city residents, property owners, government officials and City staff. The Contractor shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. The Contractor will be required to carry a State of California Painting Contractor's License and a City of Santa Ana Business License and shall be knowledgeable and very familiar with federal, state and local regulations. Contractor services will include but not limited to attendance at City Commission, City Council and neighborhood meetings as determined by staff. Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability of such subcontractor. The City reserves the right to reject, replace and approve any and all subcontractors. 10 25C-16 EXHIBIT B FEE SCHEDULE Contractor will provide five (5) graffiti removal personnel - Paint and water blast combo, each working 40 hours per week. Contractor shall schedule personnel such that graffiti removal occurs seven (7) days per week, including weekends and holidays. Contractor employees working pursuant to this Agreement will perform approximately 2,500 to 3,000 removals per month and remove 50,000 to 60,000 sq. ft. of graffiti per month. City shall pay $10,000 per Contractor employee assigned to City graffiti abatement (40 hours per week) for a total not to exceed amount of $50,000 per month. City may increase the number of graffiti removal personnel at no additional increase in the unit bid price. Said fee shall include all Contractor costs including direct and indirect labor costs, overhead, materials, printing, travel and mileage. 11 25C-17 25C-18