Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
04 GRAFFITI REMOVAL 09-02-97
AG NO. 4 9-2-97 DATE: SEPTEMBER 2, 1997 Inter-Com TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: AWARD OF CONTRACT FOR GRAFFITI REMOVAL PROGRAM RECOMMENDATION It is recommended that the Tustin City Council authorize the Community Development Director to enter into a contract with Graffiti Control Systems for the removal of graffiti from public and private property. FISCAL IMPACT Funding for the graffiti removal program includes $15,000 in federal Community Development Block Grant (CDBG FY 1997-1998) funds and $10,000 from the City's General Fund (FY 1997-1998). BACKGROUND For the past six years the City of Tustin has managed a successful graffiti removal program. This program provides free graffiti removal services to property owners within 72 hours from the time the graffiti is reported. To be eligible for the program, property owners must sign an authorization form that is kept on file with the City. The City currently contracts with Graffiti Control Systems to provide the removal service; that contract will expire on September 16, 1997. The Community Development Department proceeded with the Notice to Invite Bids for the Graffiti Removal Program contract. Advertisements regarding the bid invitation were printed in the Tustin News and one construction trade paper. In addition, letters containing the Notice to Invite Bids were sent to ten graffiti removal companies, including our current contractor. For the purposes of drawing a comparison, staff requested the bids be formulated assuming 1,000 pieces of work (maximum of 100 square feet each). However, the contract establishes that the contractor City Council Report Award of Contract for Graffiti Removal Program September 2, 1997 Page 2 will remove each graffiti occurrence on~a per job basis regardless of the number of occurrences. The City received one timely bid, which was opened on August 21 1997, as follows: ' , Graffiti Control Systems ............. $10 to $23 per job DISCUSSION Under the City's current contract with Graffiti Control Systems, the City is paying $15 to $21 for the removal of an "average" graffiti occurrence, usually under 150 square feet. A range for the cost of removal is provided because dark paint colors are more expensive than light tones. The recent bid submitted by Graffiti Control Systems states that for the new contract period they will remove an average graffiti occurrence of no larger than 100 square feet for $10 to $23 dollars. Graffiti Control Systems has provided graffiti removal services for the City of Tustin for the past three years. Their services have been completed professionally, and they have met established response times for graffiti removal. Overall, City staff have been satisfied with the performance of Graffiti Control Systems. Staff has verified that the required contractor's licenses for Graffiti Control Systems remain active and current. The contract will provide for a maximum of four one-year extensions (fiscal year 1998-1999 through fiscal year 2001-2002). However, these extensions are subject to future CDBG and 'General Fund allocations. Scott Reekstin Associate Planner Elizabeth A. Binsack Community Development Director SR: \ccreport \grafcont. scr Attachment: Draft Contract SECTION C CONTRACT SECTION C CITY OF TUSTIN, CALIFORNIA CONTRACT ARNUAL PERFORMANCE OF GRAFFITI ABATEMENT SERVICES THIS AGREEMENT, made and entered into this day of September, 1997, by and between the City of Tustin-~--a public entity, hereinafter referred to as "CITY" and hereinafter referred to as "CONTRACTOR,,. , ~ITNESSETH: That the CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: ~RTICLE ~ __ 1.1 CONTRACT DOCUMENTS The complete contract between Owner and Con . regards to the sub~ec. .......... tractor with wit. J ~ ,,,=uu~r lnc±uaes all of the contract documents which are incorporated herein by this reference, to 1.1.1 This Agreement. 1.1.2 1.1.3 1.1.4 Annual Performance of Graffiti Abatement Services. Specifications and scope of services for Annual Performance of Graffiti Abatement Services. Faithful Performance Bond for Annual Performance of Graffiti Abatement Services· C-1 ARTICLE 2 DESCRIPTION OF THE WORK 2.1 CONTRACTOR, at contractor's own proper cost and expense, shall perform everything required to be performed and shall provide and furnish all materials, equipment, labor, transportation, equipment and machinery, tools, appliances, fuel, power, light, heat, telephone,, water, sanitary facilities and all other facilities, services and incidentals as and when required for or in connection with the completion of the below-described project in strict conformity with the Contract Documents and in full compliance with all applicable federal, state and local laws, ordinances, rules and regulations (hereinafter collectively referred to as the "Work").. 2.2 PROJECT: 2.2.1 Title: Annual Performance of Graffiti Abatement Services. ,2.2.2 Location: City-wide, Tustin, CA 92780 2.2.3 Scope of Work: Ail labor, materials, tools, and equipment necessary for Performance of Annual Graffiti Abatement Services as indicated within the Contract, Specifications and Scope of Services and set forth in the General Conditions. ARTICLE 3 THE CONTRACTOR'S DUTIES AND'STATUS 3.1 CONTRACTOR accepts the relationship of trust and confidence established between it and the City by this Agreement. Contractor covenants with the City to furnish its best skill and judgment and to cooperate with the City in furthering the interests of the City. Contractor agrees to furnish efficient business administration and superintendence and to use its best efforts t.o furnish at all times an' adequate supply of workmen.and materials, and to perform the Work in the best way and in the most expeditious and economical manner consistent with the ihterests of the City. 3.2 Contractor agrees to abide by all laws, codes and regulations applicable to the Project and the Work while performing Work under this Agreement and shall exercise the highest care as a professional in its field in performing the Work. 3.3 Contractor agrees to perform the Work and furnish all the materials for said Project at his own cost and expense. .All work and materials shall be performed and completed in a professional and substantial manner and to the satisfaction of the City in accordance with all contract documents. All materials furnished and used in connection therewith shall be new and approved by city, except as otherwise expressly C-2 provided for in the Specifications. Contractor sha all materials and other harts os ~ .......... 11 cause - -- ~ ~ ~= ~or~ Eo De readily available as and when required or needed for or in c with the performance of the Project onnectlon 3.4 Contractor shall provide competent supervision of the Work and shall cause the Work to be performed in strict and complete accordance with the Specifications and all things indicated or reasonably inferable therefrom by a contractor of Contractor, s experience and expertise. If required by the City, Contractor shall prepare and furnish project cash flow projections, staffing charts for all key trades, schedules for the purchase and delivery of all equipment and materials together with periodic updating thereof. ' 3.5 City hereby promises and agrees with Contractor to employ and does hereby employ Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions above set forth; and the said parties for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained. ARTICLE 4 4.1 CONTRACTOR agrees to commence and complete all work provided for herein within two (2) working day~ after issuance of the Notice to Proceed as provided within the Scope of Services. ARTICLE 5 CONTRACT PRICE 5.1 In.full consideration of the full and complete performance of the Work and all other obligations of Contractor hereunder: The City of Tustin estimates that the contractor may be called upon to perform graffiti abatement services totalling approximately 1,000 jobs during the first year of the contract. It is also estimated that, on average, graffiti to be abated will not exceed 100 square feet in size. Occasionally, graffiti may exceed 100 square feet in size. In submitting the proposal and by entering-into an agreement with the City to perform annual graffiti abatement services, the selected contractor agrees to carryout alI requested graffiti abatement job assignments during the contract period and to be reimbursed for not'more, than the amount indicated herein as the "Unit CoSt per Job Completed,, except when authorized by an approved change order. Services rendered which exceed the "City Estimated Number of Jobs" stipulated by work category below may be billed per job at the "Cost per Job Completed,, contract amount, and will continue to be reimbursed by the City. The City reserves the right to award mOre or less than C-3 1,000 pieces of work for which the chosen contractor shall be paid on a per unit basis. Contractor agrees to receive and accept the following contract price shown on Page C-5 as full compensation for furnishing all materials and for doing all the Work contemplated and embraced in the Agreement; and also for all loss or damage arising out of the nature of the Work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its final acceptance by the City of Tustin, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the specifications, and the requirements of the Director of Community Development. LUMP SUM CONTRACT BREAKDOWN WORK CAT. o o WORK DESCRIPTION Paint light color base Paint deep color base *Water/sand blast *Chemical removal _UNIT COST PER JOB° _CITY EST. ~COMPLETED - _NO. OF JO~S __ $ @ 500 $ @ 25o $ $ @ zoo $ $ ~ z50 $ SUB TOTAL PER WORK Total Contract Price: The Total Contract Price shall not exceed the Community Development Block Grant (CDBG) funds and General Fund monies budgeted for graffiti removal. The City retains the administrative right to approve invoices received and make payment to the Contractor from either funding source. At no time will the City authorize expenditure of CDBG program year funds prior to the completion of federally required environmental documentation. * City authorization required Note: Paint jobs should be no larger than i00 square feet in size. Water/sandblasting or chemical removal jobs should be no larger than 40 square feet in size. Jobs larger than 100 or 40 square feet respectively, may be counted as multiple jobs. ' C-5 5.2 Contractor shall submit to the City Applications for Payment of the Contract Price (invoices) which will serve as the required Notice of Completion in accordance with the General Conditions and Specifications. The City shall review and either approve or reject such applications as provided in the General Conditions and Specifications. 5.3 Following the City's .written approval of an Application for payment submitted by Contractor pursuant to the General Conditions and Specifications, but not less than thirty-five (35) days following the recordation of a Notice of Completion with respect to the Work. The City shall make payments to Contractor for services rendered on account of the Contract Price on the basis of Contractor's Application for Payment which are approved bY the City in an amount equal to one hundred percent (100%) of the Work completed, less, in each case, the aggregate of payments previously made. ARTICLE 6 INDEMNIFICATION 6.1 The Contractor shall defend, indemnify and save harmless the City of Tustin and, as'appointed representatives, all officers and employees thereof from all claims, suits, or actions of every name, kind and description, brought for, or on account of, injuries to or death of any person including, but not limited to, workers and the ~public, or damage to property resulting from the work or by or in consequence of any negligence regarding the work, use of improper materials or equipment in performance of the work, neglect or refusal of Contractor to faithfully perform the work and all of Contractor's obligations under the contract, or by or on account of any act or omission by the Contractor or the contractor's agents or a subcontractor or the subcontractor's agents or a third party during the progress of the work or at any time before its completion and final acceptance, or which might arise in connection with the agreed work or is caused by or happening in connection with the progress'of said work, or on account of any passive, or active negligent act or omission by the City of Tustin, its officers, employees and agents, save and except claims arising through the sole.and exclusive negligence Or sole and exclusive willful misconduct of the City of Tustin~. The defense and indemnification by Contractor shall include all costs.and expenditures including attorney's fees incurred by the City of Tustin or its employees, officers or agents with respect to such claim or suit and Contractor will, if requested by City of Tustin, defend any litigation arising out of such claims at the sole cost and expense of Contractor,~ exclusive of liquidated damages should the situation occur. C-6 In addition to any remedy authorized by law, so much of~ the money due the Contractor under and by virtue of the contract as shall be considered.necessary in the sole discretion of the City of Tustin may be retained by the City until disposition has been made of such claims for damages as aforesaid. ARTICLE 7 LABOR RELATIONS 7.1 That the CONTRACTOR will pay, and will require all subcontractors to pay, all employees on said work a salary or wage at least equal to the prevailing salary or · wage established for such work as set forth in the wage determinations and wage st'andards applicable to this work, a copy of which is on file in the Community Development Department offices of the City of Tustin. Travel and subsistence pay shall be paid in accordance with Labor Code Section 1773.8. 7.2 The CITY OF TUSTIN has obtained from the Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this contract and maintains copies thereof in the Community Development Department offices. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this public works, contract as required by Labor Code Sections 1771 and 1774 of the State'of California. 7.3 The Contractor, shall, as a penalty to the City, forfeit Twenty-Five Dollars ($25.00) for each calendar day or portion thereof for each worker paid (either by the Contractor or any subcontractorunder Contractor) less than the prevailing rate set forth herein on the work provided for in this contract, all in accordance with Sections 1774 and 1775 of the Labor Code of the State of California. 7.4 Section 1777.5 of the Labor Code of the State of California, regarding the employment of apprentices, is applicable to this contract if the prime contract involves Thirty Thousand Dollars ($30,000.00) or more, or twenty (20) working days or more, or if contracts of subcontractors not bidding for work through the general or prime contractor are Two Thousand Dollars ($2,000.00) or more,.or five (5) working days or more. 7.5 In Performance of this contract, 'not more than eight (8) hours shall constitute a day's work. The Contractor shall conform to Article 3, Chapter 1, Part 7 (Sections 1810'et seq) of the Labor Code of the State of California, and shall forfeit to the City as a penalty, the sum of Twenty-Five Dollars ($25.00) C-7 for each worker employed in the execution of this contract by Contractor or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one calendar day and.forty (40) hours~ in any one week in violation of said Article. Contractor shall keep an accurate record'showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the public Work. 7.6 Contractor agrees to keep accurate payroll records showing the name, address, social security number, work classification, straight time paid to each apprentice, worker, or other individual employed by the contractor in connection with the public work, and agrees to insist that each of the contractor's subcontractors do the same. Contractor further agrees that the contractor's and subcontractor's payroll records shall be available to the employee or representative thereof, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards, and shall comply with all of the provisions of Labor Code Section 1776, et seq. 7.7 Contractor is also aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or undertake self- insurance in accordance with the provisions of that code and will comply with such provisions before commencing the performance of the work of this contract. Contractor, by executing this Agreement, hereby certifies: "I am aware of, and will comply with, Section 3700 of the Labor Code by securing payment for, and maintaining in full force and effect for the duration of the contract,. complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of the contract. The City of Tustin, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph." Contractor further agrees to require all subcontractors to carry Workers' Compensation Insurance as required by the Labor -Code of the State of California. 7.8 Contractor will comply with Tustin City Code 4616, Specific Disturbing Noises Prohibited. The use of excessively loud warning signals shall be avoided except in those cases required for the protection of personnel or the public. C-8 ARTICLE 8 INSURANCE 8.1 The Contractor shall maintain during the life of the contract comprehensive automobile and general liability insurance that provides protection from. claims which may arise from operations or performance under this contract. The amount of insurance shall be with an admitted surety with a Best's Key Rating of A, VII and shall not be less than the following: Single limit coverage applying to bodily and personal injury liability and property damage: $1,000,000.00 The following endorsements, must be indicated on all certificates of insurance: 8.1.1 The City of Tustin, its elective and appointive boards, officers, agents, employees, and project manager are to be named as additional insureds in · the policy as to the work being performed under the contract; 8.1.2 The coverage 'is primary and no other insurance carried by the City of Tustin will be called upon to contribute to a loss under this coverage; 8.1.3 The policy covers blanket contractual liability; 8.1.4 The policy limits'of liability are provided on an occurrence basis; 8.1.5 The policy covers broad form property damage liability; 8.1.6 The policy covers personal injury and 'bodily injury liability; 8.1.7 The policy covers underground hazards; explosion, collapse and 8.1.8 The policy covers products and completed operations; 8.1'.9 The policy covers use of non-owned automobiles; 8.1' 10 The coverage shall not be canceled nor materially altered unless thirty (30) days' written notice is first given to the owner. C-9 Contractor shall, prior to commencing Work, furnish the City of Tustin with satisfactory proof of insurance coverage as required on City's form. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 It is expressly agreed by and between the parties hereto that shOuld there be any conflict between the terms of this instrument and the bid or proposal of Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. 9.2 Gender and Number. Whenever the context of the Contract Documents so require,the neuter gender shall include the feminine and masculine, the masculine gender shall include the feminine and neuter, the singular number shall include the plural and the plural number shall include the singular. 9.3 Independent Contractor. In performing its obligations under this Agreement, the Contractor shall be deemed an independent contractor and not an agent or employee of the City of Tustin. 9.4. Partial Invalidity. If any term, covenant or condition of the Contract Documents, or the application thereof to any persons or circumstances, shall to any extent be invalid or unenforceable, then the remainder of the Contract Documents or the application of the term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each term, covenant and condition of the Contract Documents shall be valid and enforceable to the fullest extent permitted by law. 9.5 Survival of Riqhts. Any indemnity, warranty or guaranty given by the Contractor to the City with the Contract Documents shall survive the expiration or termination of this Contract and shall be binding· upon Contractor' until any action thereunder is barred by.the applicable Statute of Limitations. 9.6 City Representative. The City may designate, from time to time by written notice to Contractor one or more City Representatives or other parties'to deal with Contractor on matters pertaining to administration of the provisions of the Contract Documents. Only City authorized signatory personnel shall have authority to ~approve Change Orders increasing or decreasing the Contract Price, the scope of the Work, the time for performance of the Work on the Project or any other changes in the Contract Documents. C-10 9.7 Entire Aqreement. The Contract Documents constitute the entire agreement between the parties hereto with respect to the matters covered thereby. Ail prior negotiations, representations and agreements with respect thereto not incorporated in such Contract Documents are deemed void abinitio. This Agreement can be modified or amended only by a document duly executed on behalf of the parties hereto. 9.8 Confidentiality and Media Communications. Contractor shall treat all information, discussions, work papers, drawings, memoranda, and all materials relating to the Project and all information supplied to Contractor by the City as proprietary information of the City and shall not permit its release to other parties or make any public announcement or publicity releases without the City's written authorization, and such information shall not be used or discussed by Contractor, except as required to complete the Work, without the City's prior written approval. Contractor shall also require subcontractors and vendors to comply with this requirement. 9.9 Nondiscrimination. Contractor agrees that in the performance of its Work under this Agreement it will not knowingly violate any applicable laws or regulations prohibiting discrimination in employment. 9.10 Termination. In addition to any other at law remedies that City possesses under this agreement for~contractor, s breach of performance of its obligations, City also reserves the right to terminate this agreement without cause at any point during the term of the contract. In the event City exercises this right, it shall compensate contractor for all work performed on a per unit cost basis (stated in Contractor's Bid.) In addition, the surety would be relieved of any obligations it would have if this termination provision were exercised by City. C-ii In Witness Whereof, the parties have hereunto set their hands and seals the year and date first above written. THE CITY OF TUSTIN BY: Community Development Director of the City of Tustin CONTRACT AND BOND APPROVED: APPROVED AS TO FORM: Date CITY ATTORNEY Date CONTRACTOR Firm Name: BY: TITLE: Crl2 FAITHFUL PERFORMANCE BOND CITY OF TUSTIN STATE OF CALIFORNIA Bond No. Amount Premium KNOWN ALL BY THESE PRESENTS: That , as and hereinafter referred to collectively as "Principal", and a corporation organized and existing under the laws of the State of , and duly authorized to transact surety business in the State of California, as, and hereinafter referred to as, "Surety", are held and firmly bound unto the City of Tustin ~ereinafterm referred, to as the "City", in. the sum of $. __ (10o of total bid amount) for payment of which Principal and surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally as follows: THE CONDITION OF THE ABOVE OBLIGATION IS THAT: WHEREAS, Principal has entered into a contract dated , 19 , with City to do and perform the following, generally described work, which is more particularly described in said contract for Annual Performance of Graffiti Abatement Services in the City of Tustin; and WHEREAS, Principal shall commence and complete the work provided in said contract; and NOW THEREFORE, if Principal shall faithfully perform all agreements contained in the aforesaid contract, then this obligation shall be null and void. PROVIDED, HOWEVER, if Principal shall not faithfully perform all agreements contained in the hereinabove described contract and all obligations, then this obligation shall remain in full force and effect. PROVIDED FURTHER, HOWEVER, that Surety stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder; and C-13 PROVIDED FURTHER, that in case suit is brought upon this bond by the City or any other person who may bring an action on this bond, a reasonable attorney's fee, to be fixed by the Court, shall be paid by Principal and Surety. IN WITNESS W/qEREOF,. Principal and Surety have caused these presents to be duly signed and sealed this day of , 19 . SURETY: ( NAME ) NOTE: Attach proper acknowledgements for both Surety and Principal BY: Attorney-in-Fact (Seal) BY: APPROVED AS TO FORM: City Attorney Address of Surety: PRINCIPAL: (NAME) (Seal) BY: BY: Address of Principal: C-14 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code (amended by Stats. 1979, C.373, p. 343), each contractor to whom a ~public works contract has been awarded shall sign the following certificate and shall submit same to the Agency prior to performing any work on the contract: I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract. Contractor By: Title Date Section 3700 of the State. Labor Code reads as follows: "Every employer except the State shall secure payment compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be'given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employee.,, (Amended by Stats. 1978, c. 2379, p. 4571) COMPENSATION INSURANCE CERTIFICATE _ TO BE SUBMITTED WITH CONTRACT C-15 SECTION D GENERAL CONDITIONS SECTION D CITY OF TUSTIN, CALIFORNIA ~ GENERAL CONDITIONS FOR ANNUAL PERFORMANCE OF GRAFFITI ABATEMENT SERVICES Ail work shall conform to the requirements of the Tustin City Code and the 1994 Uniform Administrative Code, the 1994 Uniform Building Code, the 1993 National Electrical Code, the 1994 Uniform Mechanical Code, the 1994 Uniform Plumbing Code, the latest edition of the Standard Specifications for Public Works Construction, and the most recent City amendments to the foregoing codes and specifications. The Standard Specifications set forth above will control the general provisions, materials, and methods for the performance of the contract except as amended, these special provisions or other contract documents. ' In the case of Conflict between the Standard Specifications and these General Conditions, these General Conditions shall take precedence over, and be used in lieu of the conflicting portion. SECTION 1 - STANDARD SPECIFICATIONS, TERMS AND DEFINITIONS STANDARD SPECIFICATIONS 1-1 TERMS AND DEFINITIONS Whenever the following terms occur in the contract documents, the meaning shall be interpreted as follows: ACCEPTANCE, FINAL ACCEPTANCE - The .formal action by the' City accepting the work as being complete per General Conditions Section 5-9. ACCEPTED BID - The bid (Proposal) accepted by the City. AGENCY - City of Tustin ENGINEER - The Engineer is referred to throughout the contract documents as if singular in number and masculine or feminine in gender. The term"Engineer,, means the Engineer, the Architect, or their authorized representative. LABORATORY - The laboratory authorized by the City or the City's Representative to test material and work involved in the project. D-1 OWNER - The public entity identified as such in the agreement. The Owner is referred to throughout the contract documents as if singular in number and masculine or feminine in gender. The term "Owner" means the Owner or the owner's authorized representative. BOARD - City Council of the City of Tustin. BIDDER - Any individual, partnership, corporation, joint venture or combination thereof submittin~ a proposal for the work contemplated, acting directly or through an authorized representative. CONTRACTOR - The individual, partnership, corporation, joint venture or combination thereof who has entered' into the contract with the City for the performance of the work. The Contractor is referred to throughout the contract documents as if singular in number and masculine or feminine in gender. The term "Contractor" means'the Contractor or the Contractor's authorized representative. SUBCONTRACTOR -An individual, partnership, corporation, joint venture or combination thereof, who has a contract with the Contractor to perform any of the work or provide materials at the designated job site. The term "Subcontractor" is referred to throughout the contract documents as if singular in number and masculine or feminine in gender and means a Subcontractor or the Subcontractor's authorized representative. Subcontractor also means an individual, partnership,. corporation, or combination thereof, who has a contract with the Subcontractor to perform any of the work at the site. CITY'S REPRESENTATIVE - The person authorized by the City to represent it during the performance of the work by the Contractor and until final acceptance. The City's Representative is referred to throughout the contract documents as if singular in number and masculine or feminine in gender. The City's Representative means the City's Representatives or his assistants. CONTRACT - The written agreement executed between the city and the Contractor covering the performance of the work. CONTRACT DOCUMENTS - The contract documents consist of the Proposal Requirements and Conditions, Standard Specifications for Public Works Construction (current ed.), the· City of Tustin Standard Specifications, Contract Agreement, Notice to Contractors, Scope of Services and Bid Proposal Form; any and all supplemental agreements amending or extending the work contemplated. Supplemental agreements are written agreement.s covering alterations, amendments, or extensions to the contract and include Contract Change orders.. D-2 CONTRACT CHANGE ORDERS - A written order to the Contractor signed by the City's representative directing an addition, deletion, or revision in the work, or an adjustment in the contract price or the contract time, issued after the effective date of the contract. A change order may or may not also be signed by the Contractor. PIECE OF WORK - One graffiti removal job involving painting, water/sandblasting or chemical removal at a single location that, on average, is 20 to 80 square feet in size. SPECIAL CONDITIONS - Additions, deletions, and changes to the General Conditions and Standard Specifications. SPECIFICATIONS - The specifications are directions, guidelines, provisions and requirements of the technical aspects regarding the material and workmanship relative to the work to be done. STANDARD SPECIFICATIONS - The Specificati'ons for Public Work Construction, current edition unless otherwise specified in the Special Conditions. In case of conflict between the Standard Specifications and these specifications or Special Provisions, these specifications and/or Special Provisions shall take Precedence over and be used in lieu of such conflicting portions. UTILITY - Public or private fixed works for the transportation of fluidS, gases, power, signals, or communications. WORK - The term "work" includes all labor necessary to produce the improvement required by the contract, and all materials and equipment incorporated in such improvements. 1-3 TERMS Wherever the terms "direCted",. "required", "permitted", "ordered',, "designated,,, "prescribed", or terms of like import are used, it shall be understood that the direction, requirements, permission, order, designation, or prescription of the City's Representative is intended. Similarly, the terms "approved" ,, , acceptable,, "satisfactory,,, "or equal" , , or terms of like import shall mean approved by or acceptable to or satisfactory to the City's Representative unless otherwise stated. The word "provide" shall be understood to mean furnish and install. D-3 SECTION 2 - SCOPE AND CONTROL OF T~E WORK 2-1 AWARD AND EXECUTION OF CONTRACT Within ten (10) working days after the date of the Notice of ~Award, the Contractor shall execute and return the following contract documents to the Agency: Contract Agreement Faithful Performance Bond Public Liability and Property Damage Insurance Certificate Worker's Compensation Insurance Certificate Contractor's license declaration Failure to comply with the above will result in annulment of the award and forfeiture of the Proposal Guarantee. The Contract Agreement shall not be considered binding upon the City until executed by the 'authorized City officials. The successful bidder, prior to award of the Contract by agency, shall present his or her contractor's pocket license or certificate of ticensure and provide signed statement which swears, under penalty of perjury, that the pocket license or certificate of licensure presented is his or hers, is current and valid, and is in a classification appropriate to the work to be undertaken.- Format for this statement is shown in Section B, Proposal. A corporation to which an award is made may be required, before the Contract Agreement is executed by the City, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of'California, and that the officers signing the contract and bonds for the corporation have the authority to do so. 2-2 IRREGULAR'PROPOSALS Unauthorized conditions, limitations, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed Proposal forms shall be without interlineations, alterations, or erasures. AlternatiVe proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modification, or withdrawal will be considered. 2-3 DISQUALIFICATION OF BIDDERS In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will D-4 be rejected, and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal~as a prime contractor. No contract will b~ executed unless the bidder is licensed in accordance with the provisions of the State Business and Professions Code. 2-4 INTERPRETATION OF DOCUMENTS If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the specifications or other proposed contract documents, or finds discrepancies in, or omissions from, the specifications, he may submit to the Community Development'Department of said City a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the proposed documents shall be made only by addendum duly issued and copy of such addendum will be mailed or delivered to each person receiving a set of such documents. The Community Development Department will not be responsible for any other explanation or interpretations of the proposed documents. The contractor shall save harmless the City of Tustin from any loss or damage as a result of his intentional failure to report any~ error, omission or conflicting procedure. 2-5 ASSIGNMENT No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written permission of the Community Development Department. Requests for permission to sublet, assign or otherwise dispose of any portion of the contract shall be in writing, and accompanied bya resume showing that the organization which will perform~hework is particularly experienced and equipped for such work. The Contractor shall give assurance that the wages paid for labor as required by these Special Provisions shall apply to labor performed on all work, sublet, assigned or otherwise disposed of in any way. Written consent to sublet, assign or otherwise dispose of any portion of the contract shall not be construed to relieve .the Contractor of any responsibility for .the fulfillment of the contract. 2-6 CONTRACT BONDS The Faithful Performance Bond shall be for not less than ten percent (10%) of the total contract amount. Said Bond shall be of the form attached to Section C and secured from an D-5 admitted surety. The Faithful Performance Bond will not be released until one year after said date. The following endorsements must be indicated on all certificates of insurance: (i) The City of Tustin, its elective and appointive boards, officers, agents, employees, and project manager are to be named as additional insureds in the policy as to the work being performed under the contract; (2) The coverage is primary and no other insurance carried by the City of Tustin will be called upon to contribute to a loss under this coverage; (3) The policy covers blanket contractual liability; (4) The policy limits of liability are provided on an occurrence basis; (5) (6) (7) (8) The policy covers broad form property .damage liability; The policy covers personal injury as well as bodily injury liability; The policy' covers underground hazards; explosion, collapse and The policy covers products and completed operations; (9) The Policy covers use of non-owned automobiles; (10) The coverage shall not be canceled nor materially altered unless thirty (30) days' written' notice is first given to the City of Tustin. Contractor shall, prior to commencing Work, furnish the City of Tustin with satisfactory proof of insuranCe coverage as required on City's form. D-6 2-7 CONTRACT TERM AND EXTENSION OF CONTRACT TERM The term of this contract shall be for a period of one (1) year from the date of execution of the contract agreement by the City. The City shall have the right and option to extend the term of this contract for four (4) consecutive additional years following the first year of the term of this contract, by giving written notice to the Contractor prior to the end of the first contract year. In the case of such extension, the same terms and conditions shall apply to the subsequent contract term with the exception that the unit prices and total bid amount shall be subject to adjustment at the commencement of each subsequent year. The "Adjustment Date" of the term of the contract, is determined to be not more than one (1) year after execution of the contract agreement by the City. The base for computing the adjustment is the Consumer Price Index, Ail Urban Consumers for the Los Angeles-Long Beach- Anaheim Metropolitan Area (CPI-U) published by the United States Department of Labor, Bureau of Labor Statistics ("Index"), which is in effect on the date of the commencement of the initial term of the contract ("Beginning Index"). The Index published more immediately preceding the Adjustment Date ("Extension Index") is to be used in determining the amount of the adjustment. If the Extension Index has changed from the Beginning Index, the unit charges for the following year of the term of the contract shall be set by.multiplying the initial contract unit prices by a fraction, the numerator of which is the Extension Index, as defined above, and the denominator of which is the Beginning Index as defined above. The adjustment date of the extended term of the contract of each subsequent year shall be the same calendar date of the initial term of the contract with the exception of changing the year. 2-8 SCOPE OF WORK The work to be done consists of furnishing ~all labor, materials, methods or processes, implements, tools, and ~machinery which are required fo~ or appurtenant to the completion of the entire project designated in the Contract, and to. leave the grounds in a neat condition. Any work not described within the Specifications and Scope of Services but- necessary to complete the work according to law and governmental codes and regulations shall be performed by the Contractor as if in the Specifications and Scope of Servides. D-7 2-9 CHANGES IN THE WORK The City may require changes in, additions t°, or deductions from the work. Adjustment, if any, in the amounts to be paid to the Contractor by reason of any such change, addition, or deduction shall be determined as set forth in the section on estimates and payments in the General Conditions. The City's Representative may order minor' changes in the work not inconsistent with the purposes for which the works are being performed. Whether or not the Contractor believes that any order for minor changes in the work'in- volves changes in the contract amount or time for. completion, he shall proceed with the minor changes so ordered and shall within ten days of the receipt of such order notify the City's Representative in writing of his estimate.of the· changes in the contract amount and time for completion he believes to be'appropriate. Once the total bid amount is reached, each additional job will be reimbursed at the unit cost per job completed. However, no payment for changes in the work will be made and no change in the time for completion by reasons of changes in the.work will be made, unless the changes are covered by a written change order approved by the City in advance of the. Contractor's proceeding with the changed work. 2-10 PUBLIC CONVENIENCE AND SAFETY The 'Contractor Shall not block or hinder vehicular or pedestrian traffic, for any reason, without the expressed · prior written consent of the Director of Public Works. Approved traffic control shall conform to the applicable provisions of the state Standard Specifications and the Special Provisions of traffic control system for lane closure item in Section E of these specifications. · 2-11 FINAL CLEAN-UP Upon completion and before making application for acceptance of the work,' the Contractor shall clean rights-of-way, streets, and all other grounds occupied by him in connection with the performance of the work of all rubbish, excess materials, temporary structures, and equipment, and all parts of the work and grounds occupied by the Contractor shall be left in a neat and presentable condition. D-8 SECTION 3 _ QUALITY OF THE WORK 3-1 AUTHORITY OF THE CITY The City shall have the authority to: give such general directions and exercise such control as may be necessary to ensure that work on the project is in strict compliance, with the Contract Documents; determine in all cases the amount,. quality, aCceptability, and fitness of the several kinds of work and materials which are to be paid for; determine all questions in relation to said work and the performance thereof; and decide in all cases every question which may arise relative to the fulfillment of this Contract on the part of the Contractor. Should anY 'discrepancy appear or any misunderstanding arise as to the import of anything contained in the specifications, the matter shall be referred to the Community Development Department, who shall decide the same in accordance with the true intent and meaning as construed by him. Any differences or conflicts which may arise between Contractor and any other contractor also under the contract administration of the Community Development Department shall be arbitrated by the Director of Community Development Department or designee. 3-2 CONFORMITY WITH CONTRACT DOCUMENTS AND ALLOWABLE DEVIATIONS The work shall conform to the material and equipment requirements set forth in the Specifications. Although measurement, sampling, and testing may be considered evidence as to such conformity, the City's Representative shall be the sole judge as to whether the work or materials deviate from the Specifications and his or her decision as to any allowable deviations therefrom shall be final. 3-3 SUPERINTENDENCE The Contractor shall provide'competent supervision of the work. Unless personally present on the premises.where the work is done,- the Contractor shall designate an. authorized representative who shall have the authority to represent and act for the Contractor, and any written or verbal directions or requests of the City's Representative delivered to such representative shall have the same 'force and effect as if delivered to the Contractor. Said authorized representative shall be present at the. site of the work at all times while work is actually in progress on the Contract. When work is not in progress and during periods · when work is suspended, arrangements acceptable to the City's Representative shall be made for any emergency work which may be required. D-9 Whenever the Contractor or the Contractor's authorized representative is not present on any particular part of the work where it may be desired to give direction, orders will be given by the City's Representative which shall be received and obeyed by the individual(s) who may have charge of the particular work in reference to which the orders are given. The City reserves the right to approve the Contractor's Superintendent. Once approved, the Superintendent shall remain on the project for the duration of the project so long as he is in the employment of the Contractor. The Superintendent must be able to communicate adequately in the English language. 3'4 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK Ail the work whiCh has been rejected shall be remedied or. removed and replaced by the Contractor in an acceptable manner, and no compensation will be allowed him for such removal, replacement, or remedial work. Any work done beyond the lines and grades established by the City's Representative or any changes in, additions to, or deductions from the work done without written authority will be considered as unauthorized and will not be paid for. Work so done may be ordered remedied, removed, or replaced at the Contractor's expense. upon failure on the part of the Contractor to comply promptly with any order of the City's RePresentative made under the provisions of this article, the City's Representative shall have authority.to cause rejected work or unauthorized work to be remedied, removed or replaced and to deduct the costs from any monies due or to become due the Contractor. 3-5 E©UIPMENT Only equipment suitable to produce the quality of work and materials required will be permitted to operate on the project. Such equipment shall be maintained in a good state of repair during the process of the work. N© obsolete or badly worn equipment shall be used. Manufacturer's ratings shall be exceeded. The Contractor, when ordered by the City'.s Representative, shall remove unsuitable equipment from the work. 3-6 QUALITY AND SAFETY OF MATERIALS AND EQUIPMENT Ail equipment, materials, and supplies to be incorporated in the work shall 'be new, unless otherwise specified. When the quality of a material, process, or article is not specifically D-10 set forth in the Specifications, the best quality of the material, process, or article shall be provided. Except when specifically noted otherwise, any material, process, or article is indicated or specified by grade, patent or proprietary name, or by name of manufacturer, such specification shall be deemed to be used for the purpose of facilitating description of the materials, process, or articles desired and shall° be deemed to be followed by the words "or approved equal", and the Con-tractor may offer any material, process, or article which shall be substantially equal or better in every respect to that so indicated or specified; provided, however, that if the material, process, or.article offered by the Contractor is not, in the opinion of the City's Representative, equal or better thereof in every respect to that specified, then the Contractor must furnish the material, process, or article specified or one that in the opinion of the City's Representative is the substantial equal or better thereof in every respect. In the event that the Contractor furnishes material, process, or article more expensive than that specified, the difference in cost of such material, process, or article so furnished shall be borne by the Contractor. In accordance with Section 3400 of the Public Contract Code of the State of California, the Contractor shall submit data substantiating requests for substitution of "equal" items to the Community Development Department for approval. The Contractor shall bear any cost of evaluating and testing articles or materials requested to be substituted. Ail materials, equipment, and supplies provided shall, without additional charge to the City, fully conform with all applicable State and Federal safety laws, rules and regula- tions, and orders, and it shall be Contractor's responsibility to .provide only such materials, equipment, and supplies notwithstanding any omission in the Contract Documents therefore on that particular material, equipment or supply as specified. 3- 7 DEFECTIVE MATERIAI,S Ail materials not conforming to the Specifications shall be considered defective, and all such materials, whether in place or not, shall be rejected and shall not 'be used until permitted by the City's Representative. Upon failure on the part of the Contractor to comply with any requirement of the City's Representative made under the provisions.of this article, the City shall have' the authority to remove or replace defective material at the Contractor's.expense. D-II 3-8 GUARANTEES Besides guarantees required elsewhere, the Contractor shall and hereby does guarantee all work for a period of one (1) year after the date of acceptance of the work by the City and shall repair and replace any and all such work, together with any work which may be displaced in So doing, that may prove defective in workmanship and/or materials within the one (1) year period from date of acceptance, without expense whatsoever to the City, ordinary "wear and tear" and unusual abuse or neglect (including the reoccurrence of graffiti at the same location) excepted. In the'event of failure to comply with the above-mentioned conditions within seven (7) days after being notified in writing, the City hereby is authorized to proceed to have the defects repaired and made good at the expense of the Contractor who hereby agrees to pay the cost and charges thereof immediately on demand, including the cost of collection such as court costs and attorney fees. SECTION 4 - PROSECUTION, PROGRESS AND ACCEPTANCE OF WORK 4-1 SUBCONTRACTORS If the Contractor shall subcontract any part of this Contract, the Contractor shall be as fully responsible to the City for the acts and omissions of the Subcontractor as he or she is for the acts and omissions of persons directly employed. Nothing contained in the Contract Documents shall create any contractual relationship between any Subcontractor. and-the City. The Contractor shall bind every Subcontractor to be bound by the terms of the Contract Documents as applicable to his work. Each Bidder shall have filed with the bid the name and business address of each Subcontractor who will perform or labor or render service to the prime Contractor in' or about the performance of the work or improvement and of each Subcontractor, licensed by the State of California, who specifically performs a portion of the WOrk or improvement according to the Specifications, in an amount in excess of one-half of one percent (0.5%) of the prime Contractor's .portion of the work, which portion shall be defined in the bid. In each instance, the nature and extent of the work to be sublet shall be described. : The Contractor must have the written consent of the City in accordance with the provisions of Public Contract Code SeCtion 4107 in order to substitute a Subcontractor other than that designated in the original bid,. to permit any Subcontractor to be assigned or transferred, or to allow a subcontract to be · performed by other than the originaI Subcontractor. D-12 Subcontracting or work for which no Subcontractor was designated in the original bid, and which is more than one- half of one percent of the work, will be allowed along with the written consent of the City as provided by Public Contract Code Section 4107. Violation of any of the above provisions will be considered a violation of the Contract, and the City may: cancel the Contract or assess the Contractor a penalty of not more than 10 percent of .the subcontract involved as provided by Public Contract Code Section 4110'. Ail persons engaged in the work, including Subcontractors, will be considered as employees of the Contractor. The Contractor will be held responsible for their work and conduct. The City will deal directly with and make all payments to the prime Contractor. When subcontracted work is not being prosecuted in a satisfactory manner, the Contractor will be notified to take corrective action. On receipt by the Contractor of written instructions from the City, the Subcontractor shall be removed immediately from the work. The Subcontractor shall not be re-employed on'the work. A copy of each subcontract., if in writing, or if not in Writing, then a written statement signed by the Contractor giving the name of the Subcontractor and the terms and conditions of such subcontract, may be required to be filed with the City before the Subcontractor begins work. Each sub- contract shall contain a reference to the agreement between the City and the Contractor, and the terms of that agreement and all parts thereof shall be made a part of such subcontract insofar as applicable to the work covered thereby. Each subcontract shall provide for its annulment by the Contractor at the order of the ~City if- in the City's opinion the Subcontractor fails to comply with the requirements of the principal Contract insofar as the same may be applicable to his work. Nothing herein contained shall create any contractual relationship between any Subcontractor and the City, or relieve the Contractor of any liability or obligation hereunder. The successful responsible Bidder may be required to'submit a letter to the City of Tustin Community Development Department requesting approval of all Subcontractors. Included in the letter shall be a list of the name and address of each Subcontractor, items to be subcontracted, by item number, brief description of the item, and contract bid value. If only a portion of the item is to be subcontracted, that portion and dollar value of the work, based on Contract item bid value shall be indicated. ' D-13 No Subcontractor shall be permitted to perform any work under the Contract without having firSt been approved, in writing, by the City of Tustin Community Development Department. 4-2 ASSIGNMENT The performance of the Contract may not be assigned, except upon the written consent of the City. Consent will not be given to any proposed assignment which would relieve the original Contractor or the Contractor's surety of their responsibilities under the Contract, nor will the City consent to any assignment of any part of the work under the Contract. Upon obtaining a prior written consent of the City, the Contractor may assign monies due or to become due him .under the Contract, to the extent permitted by law, but any assignmeKt of monies shall be subject to all proper setoffs in favor of the City and to all deductions provided for in the Contract, and particularly all monies withheld, whether assigned or not, shall be subject to being used by the City for the completion of the work in the event that the Contractor shall be in default therein. No assignment of this Contract will be approved unless it shall .contain a provision that the funds to be paid to the assignee under the assignment are subject to a prior lien for services rendered or materials supplied for performance of the work called for under the Contract in favor of all persons, firms, or corporations rendering such services or supplying. such materials. 4-3 TIME FOR COMPLETION AND FORFEITURE DUE TO DELAY The Contractor shall complete all of any designated portion of the work called for under the Contract within the time set forth in the Contract. In accordance with Government Code Section 53069.85, Con- tractor agrees to forfeit and pay to the City the amount per day set forth in the Contract Agreement for each and every day of delay which shall be deducted from any payments due or to become due the Contractor. No forfeiture due to delay shall be made because of any delays in the completion of.the work due to unfOreseeable causes beyond the control and without the fault or negligence of the Contractor (including but not restricted to Acts of God or of the public enemY, acts of the government, acts of the City, or acts of another 'contractor in the performance of a contract with the City, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays of Subcontractors due to such causes or for D-14 removal or relocation of existing utility facilities). Any such delays shall not entitle the Contractor to any additional compensation. The sole remedy of the Contractor shall be an extension of time obtained in accordance with this section. The Contractor shall, within three days from the beginning of any such delay, notify the City in writing of the cause of delay, whereupon the City shall ascertain the facts and extent of the delay and extend the time for completing the work if, in his judgement, the findings of the fact justify such an extension, .and his findings of facts thereon shall be final and conclusive. 4-4 EXTENSION OF TIME The City may extend the time fixed for completion of the work under the Contract from time to time. All applications for extensions of time shall be in writing and shall be filed with the City before the expiration of the original time fixed in the Contract or as previously extended. An extension of time may be granted by the City after the expiration of the time originally fixed in the Contract or as previously extended, and the extension so granted shall be deemed to commence and be effective from the date of such expiration. Any extension of time shall not release the sureties upon any bond required under the Contract nor effect forfeitures.due to delay. 4-5 NOTICE TO PROCEED The Contractor shall begin work within 48 hours of the time stipulated in the verbal or facsimile Notice to Proceed and shall diligently prosecute the work t© completion within the time limit provided in 'the Contract and Scope of Services. SECTION 5 - LEGAL RELATIONS AND RESPONSIBILITIES 5-1 OBSERVING LAWS AND ORDINANCES The Contractor be fully informed of all existing and future laws, ordinances, and regulations which in any manner affect those engaged or employed in the work or the materials used in the work or which in any way affect the conduct of' the work and of all such order and decrees of bodies or tribunals having any jurisdiction or authority in the Specifications, or Contract for the work in relation to any such law, ordinance, regulation, order or decree, and shall forthwith report the same to the City's Representative in writing. D-15 The Contractor shall at all times observe and comply with and shall cause all agents, employees, and Subcontractors to observe and comply with all such existing and future laws, ordinances, regulations, orders, and decrees, and shall hold harmless, indemnify, and defend the Owner, the Owner's Representative, the Engineer, and their consultants, and each of their officers, employees, and agents against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by the Contractor, the Contractor's employees, the. Contractor's agents, or the Contractor's Subcontractors. 5-2 PERMITS AND LICENSES The Contractor shall procure all permits and licenses, pay all Charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work unless otherwise specified in the Special Conditions. Contractor is required to have in full force~ and effect all licenses and permits required by applicable laws to perform graffiti removal service within the City of Tustin. Contractor must be licensed in the State of California and said license(s) must authorize the work called for herein. Contractor must possess a State of California C-33 Painting License and a State of California C-61 Sandblasting License during the term of this contract. 5-3 PATENTS The Contractor shall assume'all costs arising from the use of patented materials, equipment, devices, or processes used on or incorporated in the work and shall hold harmless, indemnify, and defend the City of Tustin, the City's Representative, and each of their officers, employees, and agents from all suits of law or actions of every nature for or on account of the use of any patented materials, equipment devices, or processes. 5-4 PUBLIC CONVENIENCE AND SAFETY The. Contractor shall so conduct operations as to offer the least possible obstruction and inconvenience to the public, and shall ~have underway no greater length or amount of work than can be prosecuted properly with due regard to the rights of the public. The Contractor shall not block or hinder vehicular or pedestrian traffic, for any reason, without the expressed prior written consent of the Director of Public Works. Approved traffic control .shall conform to the applicable D-16 provisions of the State Standard Specifications and the Special Provisions of traffic control system for lane closure item in Section E of these specifications. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the work, or an approved detour shall be provided. Safe, adequate, continuous and unobstructed pedestrian and vehicular access shall be maintained to fire hydrants, residences, commercial and industrial establishments, chur- ches, schools, parking lots, .service stations, motels, fire and police stations, hospitals, etc., unless other arrangements satisfactory to the City have been made. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of the work at intervals not exceeding three-hundred (300) feet, also shall be maintained unless otherwise approved by the City. The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of. trash and garbage to maintain existing schedules ~for these services. 5-5 RESPONSIBILITY FOR DAMAGE The City, the City's Representative, and all officers, employees, and agents thereof, shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the work; for injury to or death of any person either workmen or the public; or for damage to property from any cause which might have been prevented by the Contractor or workers or the Subcontractors Or other employees thereof. The Contractor shall be responsible for any liability imposed by law and for injuHies to or death of any.person or damage to property resulting from defects or obst~ructions or from any cause whatsoever during the progress of the work or at any time before its completion and final acceptance. 5-6 CONTRACTOR'S RESPONSIBILITY FOR THE WORX Until the acceptance of the work, the Contractor shall have the responsibility, charge and care of the work and of the materials to be used-therein (including materials for which he has received partial payment or' materials which have been furnished by the City) and shall bear the risk of injury, loss or damage to any part thereof by the action of the elements or D-17 from any other cause, whether· arising from the execution or from the non-execution of the work. In an emergency affecting the safety of life or property, including adjoining property, the Contractor, without special instructions or authorizations, is authorized to act at his or her discretion to prevent such threatened loss or injury, and the contractor shall so act as though instructed to do so by the City. 5-7 PRESERVAT. ION OF PROPERTY The Contractor shall exercise due care to avoid injury to existing improvements or facilities, Utility facilities, adjacent property, and trees and shrubbery. Ail trees and shrubbery, and pole lines, fences, signs, survey markers and monuments, buildings and structures, conduits, pipelines above ground, sewer and water lines, all highway or street facilities, and any other improvements of .facilities within or adjacent to the work shall be protected from injury or damage, and the Contractor shall provide and install suitable safeguards to protect such objects from injury or damage. If such objects are.injured or damaged by reason of the Contractor's operation, they shall be replaced or restored at the Contractor's expense to a condition as good as when the Contractor entered upon the work or.as good as 'required by the Specifications if any such objects are a part of the work being performed. 5-8 SAFETY In accordance with generally accepted public works practices, -the Contractor shall be. solely and completely responsible for conditions on the job site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State and Federal laws rules, regulations, and orders relating to safety of the public and employees. The Contractor shall indemnify and hold the City's Representative harmless from civil or criminal penalties resulting from a failure to comply with applicable safety- laws, rules, regulations and orders. 5-9 PERSONAL LIABILITY No officer, employee, or agent of the City, City's Representative, shall be personally responsible for any liability arising under or by virtue of the Contract. D-18 5-10 INDEMNITY The City, its officers, employees and/or agents shall not be answerable or accountable in any manner for any loss or damage that may occur to the work or any part thereof, or for any of the materials or other things used or employed in performing the work, or for injury or damage to any person or persons, either workmen, employees of Contractor or its Subcontractors or the public, or for damage to adjoining or other property, from any cause whatsoever arising out of or in connection with the performance of the work. The Contractor shall be' responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever arising out of or in connection with the performance of the work, except the sole negligence or willful misconduct of City, or of its agents, servants, or independent contractors directly responsible for the damage or injury. Contractor will indemnify the City, its officers, employees and agents against and will hold and save them and each of them harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of or in connection with the work, operation or activities of Contractor, its agents, employees, Subcontractors, or invitees, provided f~r herein, whether or not there is concurrent passive or active negligence on the part of the Owner, its officers, agents or employees (but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of the City of Tustin, its Council, agents, servants or independent Contrac- tors Who are directly responsible to the City) and in connection therewith: a) Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b) c) Contractor will promptly pay any judgment rendered against Contractor or the City covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations, or activities of Contractor hereunder; and Contractor agrees to save and hold the City harmless therefrom. In the event the City is made a part of any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in D-19 connection with the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City any and all costs and expenses incurred by the .City in such action or proceeding together with the reasonable attorneys' fee. So much of the money due to the Contractor under and by virtue of the Contract as shall be considered necessary by the City may be retained by the City until disposition has been made of such actions or claims for damages as aforesaid. d) In addition, the Contractor shall maintain in full force and effect during the term of this agreement policies of comprehensive general liability, personal injury and liability insurance with limits of at least $1,000,000 combined single limit coverage per occurrence and professional liability insurance coverage with limits of at least $250,000' combines single limit coverage per claim or per occurrence' for which certificates of insurance or endorsements in form satisfactory to the City have heretofore been delivered to City. If Contractor provides claims made professional liability insurance, contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by the agreement to cover claims made within three years of the completion of Contractor's services under this agreement,, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this agreement'for at least three years after completion of Contractor's services under this agreement. The Contractor shall also be required t o provide evidence to City of the purchase of the required tail insurance or the continuation of the professional liability policy. 5-11 HOURS OF LABOR The Contractor shall forfeit as a penalty to the City Twenty- Five Dollars ($25) for each worker employed in the execution of the Contract by the Contractor or any Subcontractor under the Contractor for each calendar day during which such workman is required or permitted to work more than eight ~(8) hours in any one calendar day and forty (40) hours in any one calendar week, in violation of the provisions of the Labor Code and, in particular, Section' 1810 to Section 1815 thereof, inclusive, except ~that work performed by employees of Contractors in excess of eight (8) hours per day and forty (40) hours during any one week shall be permitted upon compensation of all hours worked in excess of eight (8) hours per day at not less'than one-half times the basic rate of pay as provided in said Section 1815. D-20 5-12 PREVAILING WAGE The Contractor shall pay all workers the'prevailing wages in accordance,with the provisions of Labor Code Section 1771. As provided in Labor Code Section 1775 the Con-tractor shall forfeit as a penalty to the City, Twenty-Five dollars ($25) for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for such work or craft in which such worker is employed for any work done under the Contract by him or by any Subcontractor under him in violation of the provisions of the Labor Code and in particular, Labor Code Section 1770 to 1780, inclusive. In addition to said penalty and pursuant to said Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by Contractor. Pursuant to the provisions of Section 1770 of the Labor Code of the State of California, the Director of the Department of Industrial Relations has ascertained the general prevailing rate of wages (which rate includes employer payments for health and welfare, vacation, pensions and similar purposes) applicable to the work to be done, for straight time, over- time, Saturday, Sunday and holiday work. Copies of the prevailing wage rate determinations of the Director of the Department of Industrial Relations are on file in the Community Development Department offices. The Contractor shall obtain a copy of said determination and post it in a conspicuous place on the job site. The City will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage set forth in the Contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining his bid, and will not under any circumstances be'considered as the basis of a claim against the City on the Contract. The Contractor shall maintain accurate .Payroll records in accordance with the provisions of Labor Code Section 1776 and shall, upon request, file said records with the City. 5-13. TRAVEL AND SUBSISTENCE PAYMENTS Each worker needed to execute the work must be paid travel and subsistence payments as defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. .. D-21 5-14 APPRENTICES Attention is directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any Subcontractor under him. The Contractor and any Subcontractor shall comply with the requirements of Section 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, Ex Officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 5-15 LABOR DISCRIMINATION Attention is directed to Section 1735 of the Labor Code, which reads as follows: No discrimination shall' be made in the employment of o~persons upon public'works because of the race, religious creed, color, national origin, ancestry, physical hand- icap, medical condition, marital status, or sex of such persons, except as provided in Section 12940 of the Government Code, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of this chaPter. 5-16 PROPERTY RIGHTS IN MATERIALS Nothing in the Contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been attached or affixed to the work. 5-17 TERMINATION FOR BREACH If the Contractor refuses or fails to Prosecute the work or any separable part thereof with such diligence as will ensure its completion within the time specified therein, or any. extension thereof, or fails to complete such work within such time, or if the Contractor shall be adjudged as bankrupt, or if the Contractor should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of.his insolvency, or if the Contractor or any of .the Subcontractors should violate any of the provisions of the Contract, or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is. provided, to supply enough properly skilled workers or proper .materials to complete the work in the time specified,' or if the Contractor should fail to make prompt payment to D-22 Subcontractors or for material or labor or if the'Contractor should persistently disregard laws, ordinances, or instructions of the City, the City may serve written notice upon the Contractor and his or her surety of his or her intention to terminate the Contract, said notice to contain the reasons for such intention to terminate the Contract, and unless within ten (10) days after the service of such notice such violations shall cease and satisfactory arrangements for the corrections thereof be made, the Contract shall upon the expiration of said ten (10) days cease and terminate. In such case, the Contractor shall not be entitled to receive any further payment until work is finished. In the event of any such termination, the City shall immediately serve written notice thereof upon the surety and the Contractor, and the surety shall have the right to take over and perform the Contract; provided, however, that if the surety within fifteen (15) days after the serving upon it of a notice of termination does not give the City written notice of its intention to take over and perform the Contract or does not commence performance thereof within thirty (30) days from the date of serving said notice, the City may take over the work and prosecute the same to completion by contract or by any other method deemed advisable for the account and at the expense of the Contractor, and the surety shall be liable to the City for any excess cost or other damage occasioned the City thereby. For any portion of such work that the City elects to complete by furnishing its own employees, materials, tools, and equipment, the City shall be compensated for such' in accordance with the schedule of compensation for force account work in the article on payment for changes in the work. The foregoing provisions are in addition to and not in limitation of any other rights or remedies available to the City. 5-18 NOTICE AND SERVICE THEREOF Notice to proceed graffiti abatement shall be given verbally or by facsimile by.the Director of Community Development Department or designee. Any other notice required or given by one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such. party. Any such notices shall not be effective for any purpose whatsoever, unless served in the following manner, namely: If the notice is given to the City, by personal delivery thereof, or by depositing the same in the United States mail, enclosed in a sealed envelope addressed to the City, postage prepaid and registered. D-23 If the notice is given to the Contractor by personal delivery thereof to said Contractor or to his authorized representative at the site of the project or by deposit- ing the same in the United States mail, enclosed in a sealed envelope addressed to said Contractor at his regular place of business or such other address as may have been established for the conduct of the work under this Contract, postage prepaid and registered. If notice is given to the surety or any other person by personal delivery to said surety.or other person, or by depositing the same in the United States mail, enclosed in a sealed envelope addressed to such surety or person at the address of said surety or person last communicated by him to' the party giving the notice, postage prepaid and registered. 5-19 EMERGENCIES Unusual conditions may arise on the work which will require that immediate and unusual provisions be made to protect the public from danger or loss or damage to life and property, due directly or indirectly to the prosecution of the work, and it is part of the service_required of the Contractor to make such provisions and to furnish such protection. The Contractor shall use such foresight and shall take such steps and precautions as his operations make necessary to protect from danger or damage, or loss of life or property, which would result from the interruption or contamination of public water supply, irrigation or other public service, or from failure or partly-completed work. Whenever, in the opinion of the City an emergency exists ,. ' against which the Contractor has not taken sufficient precaution for the safety of the public or the protection of utilities or of adjacent structures or property which may be injured by process of performance of the work on account of such neglect; and whenever in the opinion, of the City, imme- diate action shall be considered necessary in order to protect public or private, personal or property interest, or prevent likely loss. of human life or damage on account of the operations under the Contract, then and in that event the City may provide suitable protection to said interest by. causing such work to be done and material to be furnished as, in the opinion of the City's Representative may seem reasonable and necessary. The cost and expense of said labor and material, together with the cost and expense of such repairs as may be deemed necessary, shall be borne by the Contractor, and if he shall not pay said cost and expense upon presentation of the bills D-24 therefor, duly certified by the City's Representative, then said cost and expense will be paid by the City and shall thereafter be deducted from any amounts due, or which may become due said Contractor. Failure of the City, however, to take such precautionary measure, shall not relieve the Contractor of .his full responsibility for public safety. . The foregoing provmsions are in addition to and not in limitation of any other rights or remedies available to the City. SECTION 6 - ESTIMATES AND PAYMENTS 6-1 PAYMENT FOR CHANGES IN THE WORK In submitting the proposal and by entering into an agreement with the City to perform annual graffiti abatement services, the selected contractor agrees to. carry out all requested graffiti abatement job assignments dUring the contract period and to be reimbursed for not more than the amount indicated herein as the "Total Contract Price" except when authorized by an approved change order. Graffiti abatement jobs in excess of the total contract price may require the processing of a change order for contractor to receive reimbursement at.the unit cost per job completed, as identified in the contact. Ail other changes in, additions to, or deductions from the work, but including increases or decreases in the quantity of any'item or portion of the work except as specified above, shall be set forth in a written change order which shall specify: a. The changes, additions and deductions to be made; b. The increase or decrease in compensation due the Contractor, if any; and,. c. Adjustment in the time of completion, if. any. Adjustment in the compensation due the Contractor shall be determined by one or more of the following methods in the order of precedence listed below: b . Unit prices contained in the Contract; Mutually agreeable lump-sum or unit prices. If requested by the City's Representative, the Contractor shall furnish an itemized breakdown of the quantities and prices used in 'computing proposed lump-sum and unit prices; and, D-25 C o Force account whereby the Contractor is compensated for furnishing labor, materials, tools, and equipment as follows: a) Cost of labor plus twenty percent (20%) for employees directly engaged in the performance of the work. Cost of labor shall include actual wages paid including employer payments to or on behalf of the employees for health and welfare, pension, vacation, and similar purposes plus payments imposed on payroll amounts by State and Federal laws plus subsistence ' and travel' allowances payments. b) Cost of material plus fifteen percent (15%). Cost of material shall include sales tax, freight, and delivery charges. The City reserves the right to furnish such materials as he deems advisable and the Contractor shall not be paid the fifteen percent (15%) markup of such materials. c) For tools and equipment actually engaged in the performance of the work, rental rates plus fifteen percent (15%). The rental rates shall be those prevailing in the area where the work is performed. No rental charge shall be made for the use of the tools or equipment having a replacement value of $200 or less. d) Subcontractor invoices to the Contractor shall be based on the above'described cost of labor plus twenty percent (20%), cost of~material plus fifteen percent (15%), and tool and equipment rental rates plus fifteen percent (15%). Contractor markup on Subcontractor work will be limited to the percentage rate(s) allowed by the current edition of the Standard Specifications for Public Works construction. e) No payment shall be made for any item not set forth above, including without limitation, Contractor's overhead, general administrative expense, supervision or damages claimed for delay in prosecuting the remainder of the work. For force account work, the Contractor shall submit to the City's Representative for verification daily work sheets showing an itemized breakdown for labor, materials, tools, and equipment used in performing the work. No payment will be made for work not verified by the City's RePresentative. D-26 6-2 PROGRESS PAYMENTS The ten percent (10%) retention of contract payments per the Standard Specifications is t© be waived. 6-3 FINAL ESTIMATE AND PAYMENT Any month in which Contractor wishes to receive payment for Graffiti Abatement Services which have been previously determined acceptable by City staff, contractor shall submit to the Community Development Department an invoice for services rendered per job prior to the date. of the invoice. This invoice shall be in the form approved by the City's Director of Finance and shall be submitted no'later than the first (lst) working day of such month. City will pay contractor for all services rendered on account of the contract price which are approved by the Community DevelOpment Department pursuant to the Contract no later than the last working day of said month. Failure of Contractor to submit the required forms as stipulated herein will delay payment to Contractor until the following billing cycle. It is mutually agreed between the parties of the Contract that no certificate is given or payment made under the Contract shall be conclusive evidence of performance of the Contract and no payment shall be construed to be an acceptance of any defective work or improper materials. In submitting the proposal and by entering into an agreement with the City to perform annual graffiti abatement services, the selected contractor agrees to carry out all requested graffiti abatement job assignments during the contract period and to be reimbursed for not more than the amount indicated herein as the "Unit Cost per Job Completed" except when authorized by an approved change Order. 6-4 CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNT AND MAKE APPLICATION THEREOF The City, at its discretion., may withhold a sufficient amount or amounts from any payment otherwise due to the Contractor as in his judgement may be necessary to cover: a , Payments which may 'be past due and payable for just claims against the Contractor or any Subcontractors for labor or materials furnished in or about the performance of the work on the project under this Contract. b. Estimated or actual costs for correcting defective work not remedied. D-27 C o Amounts claimed by the City as forfeiture due to delay or other offsets. The City, at its discretion, may apply such withheld amount or amounts to the payment, of such claims. In so doing, the City shall be deemed the agent of the Contractor and any payments so made by the City shall be considered as a payment made under the Contract bY the City to the Contractor, and the City shall not be liable to the Contractor for such payment made in good faith. Such payments may be made without prior judicial determination of the claim or claims. The City'will render to the Contractor a prior account of such funds disbursed in behalf of the Contractor. SECTION 7 - pROCUREMENT PROCEDURES 7-1 Procurement 1. Compliance The Contractor shall comply with current City policy concerning the purchase of equipment and shall maintain an inventory record of all non-expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall -revert to the City upon termination of this Contract. 2. OMB Standards The Contractor shall procure materials in accordance with the requirements of Attachment 0 of OMB Circular A-Il0 Procurement Standards, and shall subsequently follow Attachment N, Property Management Standards, covering utilization and disposal of property. SECTION 8 -' PERSONNEL & PARTICIPANT CONDITIONS 8-1 Civil Riqhts 1. Compliance The Contractor agrees to cOmply with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 109 of the Title I of the Housing and Community Development Act of 1974, section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with'Executive Order 11246 as amended by Executive Orders 11375 and 12086. D-28 2. Nondiscrimination The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status, or status with regard to public assistance. The Contractor will take. affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, 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 by the contracting agency setting forth.the provisions of this. nondiscrimination clause. 3. Section 504 The Contractor agrees to comply with any federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 706) which prohibits discrimination against the handicapped in any federally assisted program. The City shall provide the Contractor with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Contract. 8-2 Affirmative Action 1. ADDroved Plan The Contractor agrees that it shall be committed to carry out pursuant-to the City specifications an Affirmative Action Program in keeping~with the principles as provided in President's Executive Order 11246 of September 24, 1985. The City shall provide Affirmative Action guidelines to the Contractor to assist in the formulation of such program. The Contractor shall Submit a plan for an Affirmative Action Program for approval prior to the award of funds. ~ 2. WMBE The Contractor will use its best effortL to afford minority and women-owned business enterprises the maximum practicable opportunity to participate in the performance of this Contract· As used in this contract, the term "minority and female business enterprise,, means a business at least fifty-one (51) percent owned and D-29 controlled by~ minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The Contractor may rely on written representations by Contractors regarding their status as minority and female business enterprises in lieu of an independent investigation. 3. Access to Records The Contractor shall furnish and cause each of its sub-Contractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the CITY, HUD or its agents, or other authorized federal officials for purposes of 'investigation to ascertain compliance with the rules, regulations and provisions stated herein. 4. Notifications The Contractor will send to each labor union or representative of workers with which it has a collective bargaining Contract or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the Contractor's commitments hereunder, and shall post copies of the.notice in conspicuous places available to employees and applicants for employment. 5. EEO/AA Statement The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that it is an Equal Opportunity or Affirmative Action employer. 6. Subcontract Provisions The Contractor will include the provisions of Paragraphs X A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each subcontractor or vendor. 8-3 Employment Restrictions 1. Prohibited Activity The Contractor is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities, sectarian, or religious D-30 activities; lobbying, political patronage, and nepotism activities. 2. OSHA Where employees are engaged in activities not covered under the Occupational Safety and Health Act (OSHA) of 1970, they shall not be required or permitted to work, be trained, or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous or dangerous to the participants' health or safety. 3. Labor Standards The Contractor agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours, the Safety standards Act, the Copeland "Anti-Kickback" Act (40 U.S.C. 276, 327-333) and all other applicable federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Contract. The Contractor shall maintain documentation which demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the City for review upon request. The Contractor agrees that, except with respect to the rehabilitation or construction of residential property designed for residential use for less than eight (8) households, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair ~f any building or work financed in whole or in part with assistance provided under this contract, shall comply with federal requirements adopted by the City pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR, Parts 3, 1, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journeymen; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve .the Contractor of its obligation, if any, to require payment of the higher rate. The Contractor shall cause or require to be inserted in full, in all such Contracts subject to such regulations, provisions meeting the requirements, of this paragraph. D-31 a · b . "Section 3" Clause Compliance Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Contract, shall be a condition of the federal financial assistance provided under this Contract and binding upon the CITY, the Contractors and any subContractors. Failure to fulfill these requirements shall subject the CITY, the Contractor and any subContractors, their successors and assigns, to those sanctions specified by the Contract through which federal assistance is provided. The COntractor certifies and agrees that no contractual or other disability exists which would prevent compliance with requirements. The Contractor further agrees to comply with theSe "Section 3" requirements and to include the following language in all subcontract executed under this Contract: "The work to be performed under this Contract is a project assigned under a program providing direct · federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons'residing in the areas of the project." The Contractor certifies and agrees that no contractual or other disability exists Which would prevent compliance with the requirements. Notifications The Contractor agrees to send to each labor organization or representative of workers with which it has a collective bargaining Contract or other contract or'understanding, if any, a notice advising said labor organization or worker's representative of its commitments' under this Section' 3 clause and shall post copies of the D-32 8-4 notice in conspicuous places available to employees and applicants for employment or training. c. Subcontracts The Contractor will include Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subContractor is in violation of regulations issued by the Grantor Agency. The Contractor will not subcontract with any subContractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract unless the Contractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. Conduct 1. Assiqnabilit¥ The Contractor shall not assign or transfer any interest in this Contract without the prior written consent of the City thereto; provided, however, that claims for money 'due or to become due to the Contractor from the City under this Contract may be assigned to a bank, trust company, or other financial institution without much approval. Notice of any such assignment or transfer shall be furnished promptly to the City. 2. Subcontracts a. ADDrovals The Contractor shall not enter into any subcontracts with any agency or individual in the performance of this Contract without the written consent of the City prior to the execution of such Contract. b. Monitoring The Contractor will monitor all subcontracted services on a regular basis to assure contract compliance. Result of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of the noncompliance~ D-33 c. Content The Contractor shall cause all of the provisions of this Contract in its entirety to be included in and made a part of any subcontract executed in the performance of this Contract. d. Section Process The Contractor shall undertake to insure that all subcontracts let in the performance of this Contract shall be awarded on a fair and open competition basis. Executed copies of all subcontracts shall be forwarded to the CITY along with documentation concerning the selection process. 3. Hatch Act The Contractor agrees that no funds provided, nor personnel employed under this Contract, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V United State Code. 4. Conflict of Interest The Contractor agrees to abide by the provisions of 24 CFR 570.611 with respect to conflicts of interest, and covenants that if presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Contract. The Contractor fuuther covenants that in the performance of this Contract no person having such a financial interest shall be employed or retained by the Contractor hereunder. These conflict 'of interest provisions apply to any person who is a employee, agent, consultant, officer, or elected official or appointed official of the City or of any designated public agencies or Contractors which are receiving funds under the CDBG Entitlement program. 5. Lobbyinq The Contractor hereby certifies that: a . No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or D-34 b . C . and employee of a member of Congress in connection with the awarding of a Federal contract, the making of any Federal grant, the making of Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of an agency, a member of Congress, an officer or employee of Congress, of an employee of a member of Congress in connection with this federal contract, grant loan. or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,,, in accordance with its instructions; It will require that the language of paragraph (d) of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans and cooperative agreements) and that the Contractor shall certify and disclose accordingly; and d. Lobbyinq Certification - Paraqraph d This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 6. .Copyright If this contract results in any copyrightable material, the CITY and/or, grantor agency reserves the right to royalty-free, non-exclusive and irrevocable license to 'reproduce, publish or otherwise use and to authorize others to use, the work for government purposes. 7. Reliqious Orqanization The Contractor agrees that funds provided under this contract will not be utilized for religious activities, to promote religious interests, or for the benefit of a D-35 religious organization in accordance with the federal regulations specified in 24 CFR 570.200(j). SECTION 9 - ENVIRONMENTAL CONDITIONS 9-1 Air and Water The Contractor agrees to comply with the following regulations insofar as they apply to the performance of this Contract: Clean Air Act, 42 U.S.C., 1857, et seq. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as ~amended 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirementS specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R, Part 50, as amended. National Environmental Policy Act of 1969. HUD Environmental Review Procedures (24 CFR, Par. 58). Local Ordinances 9-2 Flood Disaster Protection The Contractor agrees to comply'with the requirements of the Flood Disaster Protection Act of 1973 (P.L. 2234) in regard to the sale, lease or other transfer of land acquired, cleared or improved under the terms of this contract, as it may apply to the provisions of this contract. 9-3 Lead-Based Paint The Contractor agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint R~gulations at 24 CFR 570.608, and 24 CFR Part 35, and in particular Sub-Part B thereof. Such regulations pertain to. all HI/D- assisted housing and. require that all owners, prospective owners, and tenants or properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning. 9-4 Historic Preservation The Contractor agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic D-36 Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this contact. In general, this requires concurrence from the State HiStoric Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal State or local historic property list. ' ' D-37 SECTION E SCOPE OF SERVICES AND SPECIFICATIONS SECTION E CITY OF TUSTIN, CALIFORNIA SCOPE OF SERVICES AND SPECIFICATIONS FOR ANNUAL PERFORMANCE OF GRAFFITI ABATEMENT SERVICES SCOPE OF SERVICES The following procedures are to be followed by the City and contractor when performing Annual Graffiti Abatement Services: 1. The City shall receive initial complaints regarding any occurrence of graffiti nuisance violations. City staff will investigate the complaint by visiting the alleged location and verifying the existence of the violation. 2. The City shall obtain property owner or designee "Consent to Enter and Release of Liability,, (Attachment A) for the affected site or obtain owner initiated compliance with City public nuisance regulations through written notice requesting voluntary removal. . . Once owner release has been obtained, the Community Development Department shall notify the contractor'of the location of the violation and authorize contractor to proceed. In addition, authorization from. the Community Development Department is required prior to the contractor's proceeding with sandblasting or chemical removal processes. Upon verbal or facsimile Notice to Proceed, the Contractor shall remove the subject graffiti within 48 hours of authorization; however it is desired that graffiti be removed within 24 hours of authorization. The work shall be performed in a prompt, thorough, lawful and workman-like manner. Paint cover-up shall be accomplished utilizing a custom color match or other method to ensure that the removal blends into the existing background colors. BefOre removing graffiti, the Contractor shall photograph graffiti for documentation purposes. All'graffiti paint-over shall be done in a rectangular or square design with~ two sides horizontal to the ground at the minimum size needed to encompass the extreme limits of the graffiti violation. E-1 o Upon removal of the Graffiti, Contractor shall take an additional photograph of the same area. . At the end of each business day, the contractor shall fax a list identifying the work completed within the City of Tustin. o Any month in which Contractor wishes to receive payment for Graffiti Abatement Services which have been previously determined acceptable by City staff, Contractor shall submit to the Community Deveiopment· Department an invoice for services rendered per job prior to the date of the invoice. Ail submittals shall include the cost prescribed for qraffiti removal based upon square footage of removal stipulate~ within the contract document, .measurement of which is described herein, along with both "Before" and "After" photographs. This invoice shall- be in the form approved by the City's Director of Finance and shall be submitted no later than the first (lst) working day of such month. City will pay Contractor for all . services rendered on account of the contract price which are approved by the Community Development Department pursuant to the Contract no later than the last working day of said month. Failure of Contractor to submit the required forms as stipulated herein will delay payment to Contractor until the following billing cycle. 10. For any submittal determined to be unclear or where the graffiti removal has been determined to be incomplete or improper, the City shall verbally notify the contractor of the inadequacy within ten (10) working days of the determination and shall withhold payment for services until the graffiti has been removed to the satisfaction of the City. 11. The City of Tustin estimates that the contractor may be called upon to perform graffiti abatement services of approximately 1,000 jobs during the first year of the contract. It is also estimated that, on average, graffiti to be abated will not exceed 100 square feet in size. Jobs larger than 100 square feet (or 40 square feet for water/sandblasting or chemical removal) may be counted as multiple jobs. In submitting the proposal and by entering into an agreement with the City to perform annual graffiti abatement services, the selected contractor agrees to carry out all requested graffiti abatement job assignments regardless of size during the contract.period and to be reimbursed for not more than the · amount indicated herein as the "Unit Cost per Job Completed" except when authorized by an approved change order. Services rendered which exceed the "City Estimated Number of Jobs" stipulated by work category described herein may be billed per job at the "Cost per Job Completed" bid amount, and will continue to be reimbursed by the City. Once the "Unit Cost per Job Completed" amount is reached, a change order must be E-2 processed for the .contractor to be reimbursed for each additional job cost, as specified in Section D, General Conditions. The City reserves the right to award more or less than .1,000 pieces of work for which the chosen contractor shall be paid on a per unit basis. E-3 SPECIFICATIONS FOR ANNUAL PERFORMANCE OF GRAFFITI ABATEMENT SERVICES Graffiti Removal. The method(s) of removal may vary depending upon the type of graffiti and condition of the surface. Unless authorized otherwise by the Community Development Director or designee, however, t'he Contractor shall remove graffiti by painting the existing surface using a custom matched color of paint. The following methods of removal may be used only at the discretion of the Community Development Director or designee: 1) Sandblasting or other pressurized removal systems. This method of removal may be used on surfaces such as concrete, cinder block, or brick. 2) Chemical removal. This method of removal, may be used on non- porous surfaces such as granite, tile, metal, and some marble. The work in this section shall conform to the applicable requirements for a Type I 'standard job' as specified in A Modern Guide to Paintinq Specifications, published by the Painting and Decorating Contractors of America, Chicago, Illinois. 2. Materials and Equipment The Contractor shall properly prepare all stucco, masonry, metal, wood, or other exterior surfaces in a manner that will result in an acceptable bonding of the applied paint and deter the visibility of graffiti. The Contractor shall use "Dunn Edwards" vinyl acrylic flat paint (W201 Vin-L-Tex) or an equivalent (as approved by the City of Tustin) in the painting of all exterior surfaces, unless determined.otherwise by the Community Development Director or designee. B · The materials shall be applied in such a manner as will 'ensure smooth, even, uniform coats free of dirt, drips, ridges, runs, and brush marks resulting from Contractor's work. When completed, the painting shall represent a workman-like appearance. C o Paint shall be applied under dry, dust-free conditions and shall not be applied when the temperature is below 40 degrees fahrenheit. All primer and intermediate coats of paint shall be unscarred and completely integral as well as completely dry at the time of the application of each succeeding coat. D . For deep base paints: firm drying time average, of 60. minutes, hard in 12 hours· Spreading rate: 300 sq. ft. per gallon stucco and masonry; 350 to 450 sq. ft. per gallon on wood. E-4 . . E o F . G. For light base paints: firm drying time of 60 minutes. Spreading rate: 350 - 400 sq. ft. per gallon. The Contractor shall provide an airless spray unit (minimum 2500. p.s.i.), and such other equipment as may~be necessary to perform graffiti removal (e.g., ladders, brushes, etc.). For certain surfaces, the Community Development Director or designee may authorize that chemical based materials be used in a manner to accomplish graffiti removal. Manufacture's recommendations for mixing, thinning, applying, type of exposure, surface to be covered, and type of surface wear to which the paint will be subjected will be explicitly followed. Public Relations. Ail Contractor employees shall wear clean and professional clothing in the performance of their duties. Equipment shall be clean and maintained in a safe operating manner. All equipment shall be subject to inspection by the City. Contractor shall at all times conduct his services with utmost courtesy to the public. Contractor Responsibility. The Contractor is to assume the responsibility for all work performed. Cleanup. Ail finished surfaces shall be left clean and reasonably dust free. At completion of the work, Contractor shall clean all exposed surfaces soiled by the work, repair all'damage caused by the work at no extra cost to the property owner or the City of Tustin, remove all debris of the work from the job site, and.leave the entire site ready for use. E-5 SECTION F FEDERAL PROVISIONS SECTION F CITY OF TUSTIN, CALIFORNIA FEDERAL PROVISIONS FOR ANNUAL PERFORMANCE OF GRAFFITI ABATEMENT SERVICES SECTION 1 - FEDERAL LABOR STANDARDS PROVISIONS Ail provisions of the attached U. S. Department of Housing and Urban Development Federal Labor Standards Provisions (HUD-4010 (2- 84)) must be met. SECTION 2 - FEDERAL WAGE DETERMINATIONS Per federal regulations, wages must be paid in accordance with the attached federal wage determination, Decision Number CA94-2 Mod-6 (LA94-485), referencing Modification Number 6 published on August 19, 1994. ' SR: \scott\graf fiti\grafbid .pkg F-1