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HomeMy WebLinkAbout13 AWARD OF CONTRACT FOR GRAFFITI ABATEMENT SERVICESDocusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 Agenda Item 13�� • - - Reviewed: Q( AGENDA REPORT City Manager - os J Finance Director JK MEETING DATE: AUGUST 20, 2024 TO: ALDO E. SCHINDLER, CITY MANAGER FROM: JUSTINA L. WILLKOM, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: AWARD OF CONTRACT FOR GRAFFITI ABATEMENT SERVICES SUMMARY: The City maintains an active graffiti removal program to provide prompt removal of graffiti on public and private property within the City of Tustin. The City currently contracts with Urban Graffiti Enterprises, Inc. for graffiti abatement services and the current contract is due to expire on September 30, 2024. On June 4, 2024, the City Council authorized staff to advertise a Request for Proposal (RFP) for the graffiti removal program. The RFP was posted on the City's official website and on OpenGov, a platform for government -related contracts. Four proposals were received; however, only two are responsive, while the other two were incomplete and did not meet submission criteria. The four (4) proposals submitted were: 1. Vested Solutions (non -responsive proposal) 2. G Buenos Construction, Inc. (non -responsive proposal) 3. Superior Property Services, Inc. (lowest -cost responsive proposal) 4. Urban Graffiti Enterprises, Inc. (responsive proposal) RECOMMENDATION: That the City Council authorize the Community Development Director to enter into a contract with Superior Property Services, Inc. for the removal of graffiti from public and private property effective October 1, 2024, for a one (1) year contract with four (4) possible one (1) year extensions from Fiscal Year 2024-2025 through Fiscal Year 2029-2030. FISCAL IMPACT: Through Fiscal Year 2024-25, $184,000 has been appropriated for graffiti removal at a rate of $46 per incident from the General Fund. If the City Council approves the recommended action, the proposal from Superior Property Services, Inc. has an average unit cost of $44 per incident with a yearly cost anticipated at approximately $173,625 per year (a 6% decrease from the previous agreement). The proposed contract is for one (1) year, beginning October 1, 2024, with the option to extend annually (contingent on satisfactory contractor performance) for a total of five (5) Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 City Council Agenda Report Graffiti Abatement Services August 20, 2024 Page 2 calendar years. Future funding allocations beyond FY 2024-25 will be addressed through the annual City budget process. CORRELATION TO THE STRATEGIC PLAN: The proposed contract furthers the objectives of Strategic Plan Goal B — Public Safety and Protection of Assets and Goal E — Organizational Excellence and Customer Service. It achieves this by ensuring the ongoing maintenance and enhancement of the City's public and private infrastructure, implementing measures to prevent crime, and providing exceptional customer service to the community. BACKGROUND AND DISCUSSION: Graffiti on structures located upon public and private property is a blighting factor that not only depreciates the value of the affected property, but also devalues the adjacent and surrounding properties in the community. Government Code Section (53069.3) authorizes a City to enact ordinances to provide for the use of City funds to remove graffiti from public and privately -owned buildings located within the city. The City Council has adopted Ordinance Nos. 1079 and 1388 to ensure the rapid removal of graffiti. The City maintains an active graffiti removal program to provide prompt removal of graffiti on public and private property within the City of Tustin. The City currently contracts with Urban Graffiti Enterprises, Inc. for graffiti abatement services and the current contract is due to expire on September 30, 2024. On June 4, 2024, the City Council authorized staff to advertise the Request for Proposals for the graffiti removal program (Attachment 1). The proposals were posted on the City of Tustin's website and through OpenGov, a platform for government -related electronic bidding system. If authorized, the proposed contract establishes that the contractor will remove each graffiti occurrence on a per -job and as -needed basis regardless of the number of occurrences. For comparison purposes, staff requested that the proposals be formulated assuming: 3,000 jobs (maximum graffiti removal size of 100 square feet per painting "jobs") plus 250 water/sand blast and 750 chemical removal jobs (40 square feet of water/sand blasting or chemical removal is equal to one "job"). Four (4) proposals were submitted before the deadline of June 24, 2024 (Attachment 2). The proposals received from Vested Solutions and G Buenos Construction, Inc. were deemed non -responsive and thus removed from the evaluation process. The two responsive proposals submitted were from: Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 City Council Agenda Report Graffiti Abatement Services August 20, 2024 Page 3 1. Superior Property Services, Inc. 2. Urban Graffiti Enterprises, Inc. When reviewing the two (2) proposals, City staff considered a evaluation criteria in determining the greatest value to the City. factors, the evaluation determined the following results as shown in Table 1. Proposals Overview number of weighted Based on qualifying Table 1. Overall, Proposal & Understanding of the Superior Property Services, Inc. Required Services (30%) Demonstrated an excellent understanding of the required services and included all of the necessary specifications Has the Contractor demonstrated a thorough discussed in the RFP. understanding of the purpose and scope of services? Urban Graffiti Enterprises, Inc. Demonstrated an excellent understanding of the required Has the Contractor demonstrated that it services and included all of the necessary specifications understands the deliverables and reports the City discussed in the RFP. expects it to provide? Relevant Experience (15%) Superior Property Services, Inc. 27 years Does the Contractor have experience on similar Shows relevant experience with similar size municipalities. Has size contracts? a well -established business servicing graffiti removal. Staff has verified references. Does the vendor have a minimum of three (3) years' experience dealing with municipalities? Urban Graffiti Enterprises, Inc. 34 years, including 6 years with the City of Tustin Shows relevant experience with similar size municipalities and has a well -established business servicing graffiti removal. Price Proposal (15%) Superior Property Services, Inc. An average $44 per incident, an estimate of $173,625.00 per Price proposals are evaluated based on fee year. More competitive cost proposed. scheduling. Urban Graffiti Enterprises, Inc. $54 per incident, an estimate of $216,000.00 per year. Innovative or Creative Approaches (15%) Superior Property Services, Inc. 4G Surface Guard: An environmentally friendly preventive Ability to provide services that enhance efficiency permanent surface protective coating; repels water, oil -based and performance capabilities contaminants, and stains, including graffiti. Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 City Council Agenda Report Graffiti Abatement Services August 20, 2024 Page 4 CleanMyGraffiti: A web -based system way of tracking graffiti for both complaints and removal. GeoPal: An app-based system way of receiving work orders and sending them out to the removal team. TAGRS: A system wide way of tracking graffiti for both complaints and removal. Currently, this is the system in place at the City with Urban Graffiti. Urban Graffiti Enterprises, Inc. Quality Control Program: A well thought out program that states policies, procedures, and inspections, as ideas to improve the quality of the graffiti removal service. TAGRS: A system wide way of tracking graffiti for both complaints and removal. Currently, this is the system in place at the City. Urban Graffiti Enterprises, Inc. has provided excellent services to the City of Tustin for the past five (5) plus years, and their experience and knowledge was considered in the review process. However, staff concluded that Superior Property Services, Inc. had an overall stronger proposal. Both proposals demonstrated a strong understanding of the scope of work and services the City has requested and both firms have relevant experience beyond the minimum of three (3) years specified in the RFP. However, Superior Property Services excelled in providing new and creative approaches to improve overall performance and efficiency. For example, they demonstrated their commitment to sustainability by utilizing 4G Surface Guard, environmentally friendly preventive permanent surface protective coatings. Treated surfaces repel water, oil -based contaminants, and other stains including graffiti. This treatment makes the surface easier to clean, consumes less water with less damage to surfaces, require less frequent cleaning, and uses no caustic chemicals. Additionally, Superior Property Services included a comprehensive step-by-step procedure for reporting graffiti, tracking its cleanup, and ensuring its completion. We believe these enhancements will improve communication and overall effectiveness of the graffiti program. Staff concluded that these measures would significantly increase the success of graffiti removal in the city. In addition, Superior Property Services' cost proposal at $44 per incident was more competitive than that proposed by Urban Graffiti Enterprises at a rate of $54 per incident. City Staff has verified that the required contractor's license is current and up to date, confirmed that they have met the City's insurance requirements, and are prepared to sign the City's standard contract and begin work if selected. Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 City Council Agenda Report Graffiti Abatement Services August 20, 2024 Page 5 Prepared by: I LII)_� - Catie Armstrong Plans Examiner Approved by: Mariam Madjlessi, PE, Sp Building Official Ju na L. Wiilkom Community Development Director Attachments: 1. Graffiti Abatement Services Request for Proposal 2. Proposals Submitted in Response to the RPP Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 ATTACHMENT Graffiti Abatement Services Request for Proposal Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 CITY OF TUSTIN Request for Proposal (RFP) Graffiti Removal Services SPECIFICATIONS, TERMS AND CONDITIONS RESPONSE REQUIRED BY June 24, 2024, 4:00 pm Mariam Madjlessi, P.E. Building Official Community Development Department City of Tustin 300 Centennial Way Tustin, California 92780 Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 REQUEST FOR PROPOSALS FOR GRAFFITI REMOVAL CONTRACT SERVICES 2024 Notice is hereby given that proposals will be received from qualified firms to provide proactive and reactive professional graffiti removal services throughout the City of Tustin. Proposals should be submitted by firms that have a capable and demonstrable background with experience in the type of work that is described in the RFP. Responses to the Request for Proposals will be accepted until: Monday, June 24, 2024, at 4 pm. Proposals will be received through OpenGov, online electronic proposal system. The City has made every effort to make all aspects of the vendor registration and proposal submittal process as easy, secure, and reliable as possible. All responses are due at or before the time shown above. Late responses will not be accepted. The City is not responsible for and accepts no liability in the event a response is late due to network, internet, or any other technical problem or interruption. Questions must be directed to Mariam Madjlessi, Building Official at the email MMadjll essi(atustinca.org_ City of Tustin RFP — Graffiti Removal Services 0 1 P a g e Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 Table of Contents - Introduction ................................................. Page 1-2 - Key Dates ................................................... Page 3 - Section A: Notice to Contractors ........................ Page 5-7 - Section B: Proposal ........................................ Page 8-21 - Section C: Contract Agreement .......................... Page 22-33 - Section D: General Provisions ........................... Page 34-45 - Section E: Scope of Services ............................ Page 46-50 - Section F: Federal Lobbying Restrictions ...............Page 51-52 - Section G: Federal Contract Provisions ................ Page 53-72 Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 INTRODUCTION The City of Tustin is issuing this Request for Proposal to provide professional graffiti removal services throughout the City of Tustin. This work will consist in part of furnishing all labor, materials, tools, equipment and incidentals as required by the specifications and contract documents for the above stated project. PERIOD OF CONTRACT This contract will be for one (1) year with an optional one (1) year extension with a total of five (5) calendar years beginning on July 28, 2024. SCOPE OF WORK The contractor must be able to remove graffiti in various public and private areas in Tustin, within 24-hours of authorization. Tasks may include, but are not limited to, photographing graffiti, paint matching, painting, pressure washing or chemical removal, as authorized by the Community Development Director, and navigating TAGRS database. The contractor shall be an independent contractor capable of providing experienced, knowledgeable, and professional staff. The contractor shall be responsive and maintain excellent working relationships with city residents, business, government officials, and City staff. The contractor shall provide adequate staffing levels at all times and adhere to established schedules. The contractor shall comply with all Federal, State, local laws, rules, regulations, and ordinances, The Scope of services will be further discussed in Section E — Scope of Services. PROPOSAL FORMAT AND REQUIREMENTS Each firm must submit their proposer to -include the following information: Cover Letter — The letter must identify that the proposer has a clear understanding of the project scope, schedule, and a list of names of individuals who will be the primary contact. Qualifications — A list with the qualifications relating to the proposer's experience and knowledge in Graffiti Abatement, as well as answering additional information on our questionnaire. City of Tustin RFP — Graffiti Removal Services 1 I Page Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 Reference — A list of five (5) references comprised of cities and public services that are similar in scope that have been provided in the last three (3) years. The proposal format and requirements will be further discussed in Section B — Proposal. EVALUATION AND SELECTION PROCESS The combined weight of the evaluation criteria is greater in importance than cost in determining the greatest value to the City. The City may award a contract of higher qualitative competence over the lowest priced response. The selection process is further discussed on Section D. Overall Proposal and Understanding of the Required Services (40%) - Has the proposer demonstrated a thorough understanding of the purpose and scope of services? - Has the proposer demonstrated that she/he understands the deliverables and reports (monthly/quarterly/annual reports and data) the City expects it to provide? Relevant Experience (30%) - Does the proposer have experience on similar size contracts? - Does the vendor have, at a minimum three (3) years of experience dealing with municipalities? Price Proposal (15%) - Price proposals will be evaluated on the basis of price -per -job. Fee scheduling is arranged on Table 1. Section B. Innovative and/or creative approaches (15%) - Ability to not only provide said services, but does the contractor show potential in increasing performance capabilities. Oral Interviews - In addition to the written proposal, the top tier proposer may be asked to make an oral presentation. City of Tustin RFP — Graffiti Removal Services 2 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 KEY DATES June 5, 2024 June 24, 2024 July 16, 2024 July 27, 2024 July 28, 2024 Issuance of Request for Proposals Proposals due by 4:00 pm City Council Awards Contract Notice of Award (letter) New Contract Begins City of Tustin RFP — Graffiti Removal Services 3 1 P a g e Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 (This page is intentionally left blank) City of Tustin RFP — Graffiti Removal Services 4 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 I f' Section A - Notice to Contractors PERIOD OF CONTRACT This work will consist in part of furnishing all labor, materials, tools, equipment and incidentals as required by the specifications and contract documents for the above stated project. The contract will be for one (1) year with optional four (4) one (1) year extensions including potential CPI adjustments. PERFORMANCE BONDS A Faithful Performance Bond in the amount of 100% and a Labor and Materials Bond in the amount of 100% in the form attached to the contract documents shall be provided. Said bonds shall be issued by a surety company duly authorized to issue such bonds in the State of California. Prior to execution of contract, Contractor shall provide The City of Tustin with insurance certificate(s) with endorsements evidencing commercial general liability and automobile liability insurance as prescribed in the contract, with a company of A.M. Best's Key Rating of Grade A and Class VII (seven) with an Admitted Insurer, or rated Grade A- or better and Class X (ten) or better with a Surplus Line Broker. Workers' compensation insurance with a company of A.M. Best's Key Rating of Grade B- or better and Class VII (seven) or better, or offered by State Compensation Fund, is acceptable. INSURANCE The contractor must submit a certified copy of the most recent Certificate of Authority issued to the bonding companies by the California Insurance Commissioner. Contractor must provide to the City within ten (10) working days, after the date of notice of award of contract, the aforementioned insurance certificate(s) with endorsements which must meet the requirements of the specifications and comply with the contract documents. Failure to comply with this requirement will result in annulment of the award, forfeiture of the proposal guarantee and the City will pursue award to the next qualified responsive proposer. Contractor is advised that insurance requirements are non-negotiable and the City will not consider waiving insurance requirements. There are no exceptions. EQUAL OPPORTUNITY The City hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit proposals in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, religion, or disability in any consideration leading to the award of contract. City of Tustin RFP — Graffiti Removal Services 5 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 The City reserves the right to reject any or all proposals, and/or to waive any informality on a proposal. No proposer may withdraw his proposal for a period of forty-five (45) days after the date set for the opening thereof. Prior to proposal opening, proposer may withdraw his proposal. Proposals received after the proposal opening time and date herein will be returned to proposer unopened. In conformance with the requirements of Section 22300 of the Public Contract Code, the contractor will be entitled to post approved securities with the City or an approved financial institution in order to have the City release funds retained by the City to insure performance of the contract. CONTRACTOR'S LICENSE Every person submitting a proposal must have a contractor's license for the work, in the classification of C33 and C61, at the time of making a proposal. Further, it is a misdemeanor not to have a license at the time of the proposal. (Business and Professions Code Section 7028.15(a)). In the case of joint ventures, each person comprising the joint venture shall have a Contractor's license at the time of the proposal. (Business and Professions Code Section 7028.15(c)). However, the joint venture itself must have a "joint venture license" not later than the time of the award of proposal. (Business and Professions Code Section 7029.1). In the case of City contracts which involve Federal funds, the contractor must be properly licensed at the time of award of the contract. (Public Contract Code Section 20103.5). A contractor who is not properly licensed will have his proposal declared nonresponsive. (Business and Professions Code Section 7028.15(e)). Any proposer or Contractor, not licensed, shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractor's State License Board. (Public Contract Code Section 20103.5). Failure to comply with these license requirements may also result in a forfeiture of proposer's security. The City Council of 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 the legal holiday and overtime work in the locality in which is to be performed for each craft or type of work needed and a copy of the same is on file in the office of the City Engineer. Not less than said prevailing rates shall be paid the workers employed on the public works contract as required by Labor Code Sections 1771 and 1774 of the State of California. The City reserves the right to change and update the conditions of the prevailing wage following each fiscal year. City of Tustin RFP — Graffiti Removal Services 6 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 City Hall Offices are currently open from 7:30 a.m. to 5:30 p.m. Monday through Thursday and 8:00 a.m. to 5:00 p.m. on Friday. Hours of Operation The contractor's activities shall be confined to the hours between 7:00 a.m. and 5:00 p.m. Monday through Friday, excluding holidays. Deviation from these hours will not be permitted without the prior consent of the Community Development Director except in emergencies involving immediate hazard to persons or property. Ordered by the City Council on June 4, 2024 Erica Yasuda, City Clerk City of Tustin RFP — Graffiti Removal Services 7 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 Section B - Proposal Graffiti Abatement Services Name of Proposer: Business Address: Phone Number: The work to be done is shown in the specifications entitled: Graffiti Abatement Services Said plans and specifications are on file in the office of the Community Development Director, Tustin, California. To the City of Tustin, The undersigned, as proposer, declares that the only persons or parties interested in the proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm or corporation; that the proposer has carefully examined the location of the proposed work, the annexed proposed form of the contract, and the plans therein referred to; and the proposer proposes and agrees if this proposal is accepted, that the proposer will contract with the City of Tustin, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all work and furnish all materials specified in the contract, in the manner and time prescribed, and according to the requirements as therein set forth, and that the proposer will take full payment therefore at the following unit prices, to -wit: City of Tustin RFP — Graffiti Removal Services 8 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 Proposal for Graffiti Abatement Services Table 1 ITEM NO. CONTRACT ITEM DESCRIPTION ESTIMATED QUANTITY (JOBS)* UNIT PRICE TOTAL PRICE 1. Paint — Light Color Base 3,000 $ $ 2. Paint — Deep Color Base $ $ 3. ** Water/Sand Blast 250 $ $ 4. ** Chemical Removal 750 $ $ TOTAL CONTRACT PRICE $ * "Job" shall mean 100 square feet of painting or 40 square feet of water/sandblasting or chemical removal ** City Authorization Required CITY OF TUSTIN The undersigned understands that the foregoing quantities are approximate only, being given as a basis for the comparison of proposals and the City of Tustin does not, expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable and in the best interests of the City by the Community Development Director. In case of discrepancy between the unit price and the total amount for a contract item, the unit price shall prevail. The basis for determining the low proposal shall be by correctly multiplying the number of units by the unit price proposal to calculate a total amount for each contract item and obtaining a total proposal by correctly adding together all contract item total amounts. If a unit price is not legible or is missing, the total amount for the contract item shall be divided by the approximate quantity of units to arrive at the unit price proposal. If both the unit price and total amount for a contract item are left blank, then the entire proposal shall be rejected. If this proposal shall be accepted and the undersigned shall fail to enter into the contract and to furnish the two (2) bonds in the amounts required, with surety satisfactory to the City of Tustin, and the required Certificate of Insurance with endorsements within ten (10) days, not including Saturdays, Sundays and legal holidays, after the date of the Notice of Award from the Community Development Director, the City of Tustin may, at its option, determine that the proposer has abandoned the contract, and thereupon this proposal and the acceptance thereof shall City of Tustin RFP — Graffiti Removal Services 9 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 be null and void, and the forfeiture of such security accompanying this proposal shall operate and the same shall be the property of the City of Tustin. The undersigned proposer hereby acknowledges that he/she understands the bonding requirements of the City of Tustin, which, per City Code, states that the surety company must be duly authorized to issue such bonds or insurance in the State California. The Certificate of Insurance with endorsements must be with a company of A.M. Best's Key Rating of Grade A and Class VII (seven) or better with an Admitted Insurer, or Grade A- or better and Class X (ten) or better with a Surplus Line Broker. Workers' compensation insurance with a company of A.M. Best's Key Rating of Grade B- or better and Class VII (seven) or better, or offered by State Compensation Fund, is acceptable. Contractor shall provide to the City within ten (10) working days after the date of notice of award of contract the aforementioned insurance certificate(s) with endorsements which must meet the requirements of the specifications and comply with the contract documents. Failure to comply with this requirement will result in annulment of the award, forfeiture of the proposal guarantee and City will pursue award to the next qualified responsive proposer. Contractor is advised that insurance requirements are non-negotiable and City will not consider waiving insurance requirements. There are no exceptions. ACCOMPANYING THIS PROPOSAL IS (NOTICE: Insert the words "Cash ($ )", "Cashier's Check", "Certified Check", or "Proposer's Bond", as the case may be in the amount equal to at least ten (10) percent of the total proposal.) The names of all persons interested in the foregoing proposal as principals are as follows: City of Tustin RFP — Graffiti Removal Services 10 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 IMPORTANT NOTICE: If the proposer or other interested person is a corporation, state legal name of corporation and names of the president, secretary, treasurer, and manager thereof, if a co- partnership, state true name of firm and names of all individual co-partners composing firm; if the proposer or other interested person is an individual, state first and last names in full. Signed: Title: Date: NOTE: If the proposer is a corporation, the legal name of the corporation shall be set forth above, together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if the proposer is a co -partnership the true name of the firm shall be set forth above, together with the signature of the partner or partners authorized to sign contracts on behalf of the co -partnership; and if the proposer is an individual, his signature shall be placed above. If signature is by an agent, other than an officer of a corporation or a member of a co -partnership, a Power of Attorney must be on file with the City of Tustin prior to the opening of proposals or submitted with the proposal; otherwise, the proposal will be disregarded as irregular and unauthorized. Business Address Proposer shall list the name and address of the place of business of each subcontractor required to be listed by Section 4100 et seq., of the California Public Contract Code which requires that a proposer must list the name and location of the place of business of each subcontractor who the proposer intends to have perform work in excess of one-half (1/2) of one (1) percent of the proposers' total proposal amount. City of Tustin RFP — Graffiti Removal Services 11 I P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 Name, Address & Telephone Number LIST OF SUBCONTRACTORS Type of Work Percentage of Work City of Tustin RFP — Graffiti Removal Services 12 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 REFERENCES The following are the names, addresses, and phone numbers for five (5) public agencies for which PROPOSER has performed similar work within the past three (3) years: City of Tustin RFP — Graffiti Removal Services 13 I P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 QUALIFICATION STATEMENT The Undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter (attach additional paper as needed). SUBMITTED BY: CORPORATION ❑ NAME: PARTNERSHIP ❑ ADDRESS: INDIVIDUAL ❑ PRINCIPAL OFFICE: OTHER ❑ REQUIREMENTS The following is to be included with the proposal: Please fill out the following information on a separate document. 1. References: Proposer must submit a list of five (5) references comprised of cities and public services that is similar in scope that have been provided in the last three (3) years. References - Name and location of each reference - Name and phone number of contact person (familiar with project) - Contract amount - Scope of work with proposal item amounts Submit a summary of all claims made in the last five (5) vears on the aforementioned nroiects: Name of claimant Amount of claim Nature of claim Final status of claim 2. Resume of type of work in which your firm possesses experience. - How many years has your company been in business? - Number of years your company has provided graffiti abatement services? - Number of years' company has provided graffiti abatement services for public agencies City of Tustin RFP — Graffiti Removal Services 14 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 3. Description of Your Organization - Under what other or former name(s) has your organization done business? - How many years has your organization been in business under its present business name? - If a corporation, answer the following: o Date of incorporation: o State of incorporation: o President's name: o Vice -President's name(s): o Secretary's name: o Treasure's name: - If an individual or a partnership answer the following: o Date of organization: o Name and address of all partners (state whether general or limited partnerships - If other than a corporation or partnership, describe the organization and principals. - List states and categories in which your organization is legally qualified to do business. Indicate registration or license numbers if applicable. List states in which partnership or trade name is filed. - Describe the work your organization normally performs with its own forces: - Have you ever failed to complete any work awarded to you? If so, note when, where and why: - Within the last five (5) years, has any officer or partner of your organization ever been an officer or partner of another organization when it failed to complete a construction contract? If so, attach a separate sheet of explanation. City of Tustin RFP — Graffiti Removal Services 15 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 - What is your company's plan to insure compliance with the contract specifications and insure quality work? - List the types of primary vehicles/equipment and number of each to be assigned to this contract - Please note any equipment which will also be used on another contract - List the back-up equipment assigned to this contract to assure no production interpretation. Personnel - Provide the number of employees committed to graffiti abatement services. - Provide the total number of employees to be assigned to this contract. - Who will be the contractor's representative with the City? - What is his/her background? - What is his/her education? Contractors Name: Signed by: Title: City of Tustin RFP — Graffiti Removal Services 16 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 QUESTIONNAIRE Please answer the following questions in detail: a. What makes your company the best company for this job? b. What type of in-house training do you provide for your staff? c. Who is responsible for training the graffiti removal workers and what type of training is provided and at what intervals? d. What is the address of the facility from which work crews will be assigned? e. What communication system do you use to communicate between field and office? f. Can your insurance and sureties broker provide you with the required rating and coverage? Specify the A.M. Best's rating (grade and class) of your current insurance(s) and sureties. g. Can you provide proof of employee pay consistent with Davis -Bacon or State wages on a weekly basis in accordance with prevailing wage requirements? h. Do you use and/or have access to Tracking Automated & Graffiti Reporting System (TAGRS) City of Tustin RFP — Graffiti Removal Services 17 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 For the Performance of: Graffiti Abatement Services NOW, THEREFORE, if the aforesaid Principal is awarded the contract; and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form in accordance with the proposal, and files two (2) bonds satisfactory to the City, one (1) to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue. In the event suit is brought upon this bond by the Obligee and judgment is recovered, the surety shall pay all costs incurred by the Obligee in such suit, including a reasonable attorney's fee to be fixed by the court. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of A.D., 20 Principal Surety ADDRESS: (Seal) (Seal) (Seal) (Seal) (Seal) (Seal) Note: Attach proper Notary Acknowledgment for signature of authorized person (Use copy of blank form provided in this section.) City of Tustin RFP — Graffiti Removal Services 181Page Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 NON -COLLUSION AFFIDAVIT TO THE CITY OF TUSTIN: The undersigned in submitting this proposal for performing, by contract, the work required by these proposal documents, being duly sworn, deposes and says: That she/he has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive proposing in connection with this contract. Signed: Title: Firm Name: Note: Non -Collusion Affidavit to be submitted with Proposal. Attach proper notary acknowledgment for signature of authorized person. (Use copy of blank form provided in this section.) City of Tustin RFP — Graffiti Removal Services 19 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) The undersigned declares that he or she is: of (Party making foregoing proposal) (hereinafter the "Proposer") 1. Proposer's Contractors License Number is as follows: . Classification: 2. The expiration date of Proposer's Contractor's License is , 20 3. Proposer acknowledges that Section 7028.15(a) of the Business and Professions Code provides as follows: "It is a misdemeanor for any person to submit a proposal to a public agency in order to engage in the business or act in the capacity of a Contractor within this state without having a license therefor, except" as provided in the referenced section. Executed on , 20_, at (Insert City & State where declaration is signed) Signature Typed Name Title Name of Proposer THIS FORM MUST BE COMPLETED, SIGNED AND SUBMITTED WITH THE PROPOSAL (EXCEPT FOR FEDERALLY -FUNDED STATE PROJECTS) City of Tustin RFP — Graffiti Removal Services 20 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California ) County of Orange ) SS City of Tustin ) On this day of 20 , before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my hand and official seal. NOTARY SEAL CAPACITY CLAIMED BY SIGNER: ❑ Individual(s) [] Corporate [] Officers Title(s) [] Partner(s) F ] General Partner of a Limited Partnership Attorney -in -Fact Trustee (s) Subscribing Witness Guardian/Conservator Other: Witness my hand and official seal. Signature of Notary SIGNER IS REPRESENTING: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW: TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES: DATE OF DOCUMENT: SIGNER (S) OTHER THAN NAMED ABOVE: City of Tustin RFP — Graffiti Removal Services 21 I P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 I Section C — Contract Agreement This agreement, made and concluded, in triplicate, thisday of , 20__, between the City of Tustin, California, hereinafter called City, and hereinafter called Contractor. ARTICLE I Witness, that for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the City, and under the conditions expressed in the two bonds, bearing date with these presents and hereunto annexed, the Contractor agreed with City, at his own proper cost and expense, to do all the work and furnish all the materials necessary to construct and complete in good workmanlike and substantial manner and to the satisfaction of the City, in accordance with the plans and specifications, as may be amended from time to time as of the date of this Agreement, entitled: Graffiti Abatement Services Graffiti Abatement Services which said plans and specifications are hereby specifically referred to and by such references made a part hereof. Said plans and specifications are on file in the office of the Community Development Director of the City of Tustin, California. ARTICLE II Contractor agrees to receive and accept the following prices 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 acceptance by the City, 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 plans and specifications, and the requirements of the Community Development Director under them. City of Tustin RFP — Graffiti Removal Services 22 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 CONTRACT FOR GRAFFITI ABATEMENT SERVICES CITY OF TUSTIN ITEM NO. CONTRACT ITEM DESCRIPTION ESTIMATED QUANTITY (JOBS)* UNIT PRICE TOTAL PRICE 1. Paint — Light Color Base 3,000 $ $ 2. Paint — Deep Color Base $ $ 3. ** Water/Sand Blast 250 $ $ 4. * * Chemical Removal 750 $ $ TOTAL CONTRACT PRICE $ * "Job" shall mean 100 square feet of painting or 40 square feet of water/sandblasting or chemical removal ** City Authorization Required ARTICLE III The City Tustin hereby promises and agrees with the contractor to employ and does hereby employ the 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 IV It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the proposal 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. ARTICLE V 1. 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 office of the Community Development Director. The contractor agrees that not less than said prevailing rates shall be paid to workers City of Tustin RFP — Graffiti Removal Services 23 I P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 employed on this public works contract as required by Labor Code Sections 1771 and 1774 of the State of California. 2. The contractor shall, as a penalty to the CITY OF TUSTIN, forfeit twenty dollars ($20.00) for each calendar day or portion thereof for each worker paid (either by contractor or any subcontractor of contractor) less than the prevailing rate as prescribed in the preceding paragraph for the work provided for in this contract, all in accordance with Sections 1774 and 1775 of the Labor Code of the State of California. 3. 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 and under such circumstances, Contractor shall be fully responsible to ensure compliance with all the provisions of Labor Code § 1777.5 for all apprenticeable occupations on the project. A Contractor or subcontractor who violates Section 1777.5 shall forfeit to the City of Tustin, as a civil penalty, the sum of one hundred dollars ($100.00) for each calendar day of noncompliance. Notwithstanding Section 1727 of the Labor Code, upon receipt of a determination that a civil penalty has been imposed, the City of Tustin shall withhold the amount of the civil penalty from contract progress payments then due or to become due. Any funds withheld by the City of Tustin pursuant to this section shall be deposited in the General Fund of the City of Tustin. 4. The Contractor shall not employ, or allow work to be performed by, a subcontractor who is ineligible to perform work on the project pursuant to Section 1777.1 or 1777.7 of the Labor Code pertaining to debarment by the Labor Commissioner for violations of the Prevailing Wage Laws. 5. In performance of this contract, not more than eight (8) hours shall constitute a day's work. The Contractor shall fully conform to Article 3, Chapter 1, Part 7, Division 2 (Sections 1810 et seq.) of the Labor Code of the State of California. Pursuant to the provisions of Section 1813 of the Labor Code of the State of California, the Contractor shall, as a penalty to the City of Tustin, forfeit twenty-five Dollars ($25.00) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 of Chapter 1 of Part 7 of Division 2 of the Labor Code of the State of California. 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. 6. Contractor agrees to keep accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week and the actual per diem wages paid to each journeyman, apprentice or worker employed by him in connection with the public work, and agrees to insist that each of his subcontractors do the same. Contractor further agrees that his payroll records and those of his subcontractors shall be available to the employee or his representative, 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., in general. City of Tustin RFP — Graffiti Removal Services 24 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 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. ARTICLE VI In connection with the performance of this contract, the City shall have the authority to enter the worksite at any time for the purpose of identifying the existence of conditions, either actual or threatened, that may present a danger or hazard to any and all employees. The contractor agrees that the City, in its sole authority and discretion, may order the immediate abatement of any and all conditions that may present an actual or threatened danger or hazard to any and all employees at the worksite. The contractor acknowledges the provisions of Section 6400 of the Labor Code, which requires that employers shall furnish employment and a place of employment that is safe and healthful for all employees working therein. In the event the City identifies the existence of any condition that presents an actual or threatened danger or hazard to any or all employees at the worksite the City is hereby authorized to order the immediate abatement of that actual or threatened condition pursuant to this section. The City may also, at its sole authority and discretion, issue an immediate stop work order to the contractor to ensure that no employee working at the worksite is exposed to a dangerous or hazardous condition. Any stop work order issued by the City to the Contractor in accordance with the provisions of this section shall not give rise to any claim or cause of action for delay damages by the contractor or the contractor's agents or subcontractors against the City. ARTICLE VII The Contractor shall indemnify and save harmless the City of Tustin and 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 construction of the work or by or in consequence of any negligence regarding the work, use of improper materials or equipment in construction 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 his agents or a subcontractor or his 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 upon 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 City of Tustin RFP — Graffiti Removal Services 25 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 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 VIII The Contractor shall take out and maintain during the life of the contract, commercial general liability, automobile liability and worker's compensation insurance. The amount of the commercial general liability and automobile insurance shall not be less than the following: Single limit coverage applying to bodily and personal injury liability and property damage: $2,000,000.00. The following insurer endorsements are required if not part of the policy: 1. The City of Tustin, its elective and appointive boards, officers, agents and employees 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 or liability are provided on an occurrence basis; 5. The policy covers broad form property damage liability; 6. The policy covers personal injury as well as bodily injury liability; 7. The policy covers explosion, collapse, and underground hazards; 8. The policy covers products and completed operations; 9. The policy covers use of non -owned automobiles; and 10. The coverage shall not be cancelled or terminated unless thirty (30) days' written notice is first given to the City of Tustin. 11. Insurers shall be authorized to do business in the State by the Department of Insurance and shall meet the following qualifications: A.M. Best's Rating of Grade A and Class VII (seven) (if an Admitted Insurer), and Grade A- or better and Class X (ten) or better (if offered by a Surplus Line Broker) is acceptable. Workers' compensation insurance rated Grade B- or better and Class VII (seven) or better, or offered by the State Compensation Fund, is acceptable. 12. The worker's compensation and employer's liability insurance policies shall contain a waiver of subrogation in favor of the City. ARTICLE IX The term of this contract shall be for a period of one (1) year from its date of execution by the City. The City shall have the option to extend the term of this contract for up to four (4) City of Tustin RFP — Graffiti Removal Services 26 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 additional one-year terms, by giving written notice to the Contractor prior to the end of the preceding 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 proposal amount shall be subject to adjustment at the commencement of each subsequent year according to CPI. If extended, the "Adjustment Date" of the term of the contract is determined to be not more than one (1) year after execution of the contract. The basis for computing the adjustment is the Consumer Price Index, All 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. ARTICLE X Upon receipt of a claim or summons and complaint by the City Clerk relating to this Contract, the City Clerk shall provide written notice within five (5) working days to the contractor of the claim or summons and complaint. For purposes of this section, notice to the contractor may be via facsimile, messenger or by first class mail and addressed to: [Insert name & address of contractor] Nothing herein obligates the City to provide notice of a claim or summons and complaint that does not clearly identify the contract or contractor. In Witness Whereof, the parties have hereunto set their hands and seals the year and date first above written. THE CITY OF TUSTIN :• (SEAL) Mayor of the City of Tustin ATTEST: City Clerk of the City of Tustin City of Tustin RFP — Graffiti Removal Services 27 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 CONTRACT AND BOND APPROVED: Date City Attorney APPROVED AS TO CONTENT: Date Community Development Director CONTRACTOR Firm Name: Note: Attach proper acknowledgment for signatures of authorized person(s). TITLE: (Use copies of blank form provided in Section B). Bond No. Amount Premium City of Tustin RFP — Graffiti Removal Services 28 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 CITY OF TUSTIN PUBLIC CONTRACT FAITHFUL PERFORMANCE BOND KNOW ALL MEN 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 hereinafter referred to as the "City", in the sum of 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 , 20, with City to do and perform the following, generally described work, which is more particularly described in said contract for the construction of. Graffiti Abatement Services WHEREAS, all of such improvements are to be constructed and installed in accordance with the plans and specifications described, referred to and incorporated in said contract; and WHEREAS, Principal shall commence and complete the construction and installation of such improvements as 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 hereby 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 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. City of Tustin RFP — Graffiti Removal Services 29 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 IN WITNESS WHEREOF, Principal and Surety have caused these presents to be duly signed and sealed this day of , 20 (SEAL) APPROVED AS TO FORM: City Attorney (SEAL) APPROVED AS TO CONTENT: Date_ Community Development Director SURETY: BY: (Name) Attorney -in -Fact Address of Surety: PRINCIPAL: BY: (Name) TITLE:_ Address of Principal: Note: Attach proper acknowledgment for both Surety & Principal. (Use copies of blank form provided in Section B). Bond No. Amount Premium City of Tustin RFP — Graffiti Removal Services 30 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 CITY OF TUSTIN PUBLIC CONTRACT LABOR AND MATERIALS PAYMENT BOND KNOW ALL MEN 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 hereinafter referred to as the "City", in the sum of $ 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 , 20} with the City to do and perform the following, generally described work, which is more particularly described in said contract for the construction of - Graffiti Abatement Services WHEREAS, Principal shall commence and complete the construction and installation of such improvements provided in said contract; and NOW THEREFORE, if Principal shall pay the Contractor, his subcontractor, and all persons renting equipment or furnishing labor or materials to them for such improvements, for the full cost of such improvements and submit amounts due under the State Unemployment Insurance Act with respect to such labor, then this obligation shall be null and void. PROVIDED, HOWEVER, if Principal shall not pay the subcontractor and all persons renting equipment or furnishing labor or materials to them for such improvements for the full cost of such improvements, or if Principal fails to submit amounts due under the State Unemployment Insurance Act with respect to such labor, then Surety will pay for the same in an amount not exceeding the sum set forth above, which amount shall inure to the benefit of all persons named in Civil Code Section 9100. 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 City of Tustin RFP — Graffiti Removal Services 31 I P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 PROVIDED FURTHER, that in case suit is brought upon this bond by the City or any other person named in Civil Code Section 9100 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 WHEREOF, Principal and Surety have caused these presents to be duly signed and sealed day of 120. (SEAL) APPROVED AS TO FORM: City Attorney (SEAL) APPROVED AS TO CONTENT: Date Community Development Director SURETY: (Name) BY: Attorney -in -Fact Address of Surety: PRINCIPAL: BY: (Name) TITLE Address of Principal: Note: Attach proper acknowledgments for both Surety & Principal. (Use copies of blank form provided in Section City of Tustin RFP — Graffiti Removal Services 32 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the City prior to performing any work on the contract: I am aware of the provisions of Section 3700 of the Labor Code which reads as follows: "Every employer except the State shall secure the payment of 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." CONTRACTOR: TITLE: COMPENSATION INSURANCE CERTIFICATE TO BE SUBMITTED WITH CONTRACT City of Tustin RFP — Graffiti Removal Services 33 I P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 I Section D — General Provisions Section 1 - Scope & Control of Work 1.1 Consultant Evaluation & Selection Process The City intends to award a contract to the responsible contractor whose response conforms to the RFP and whose RFP presents the greatest value to our City, all evaluation criteria considered. The combined weight of the evaluation criteria is greater in importance than cost in determining the greatest value to the City. The goal is to award a contract to the contractor that offers the City the best quality as determined by the combined weight of the evaluation criteria. The City may award a contract of higher qualitative competence over the lowest priced response. The basic information that each section should contain is specified below, these specifications should be considered as minimum requirements. Much of the material needed to present a comprehensive proposal can be placed into one of the sections listed, however; other criteria may be added to further support the evaluation process whenever such additional criteria are deemed appropriate in considering the nature of the services being solicited. The evaluation process may include a two -stage approach including an initial evaluation of the written proposal and preliminary scoring to develop a short list of contractors that will continue to the final stage of oral presentation and interview and reference checks. The preliminary scoring will be based on the total points. The Criteria for evaluating the proposals submitted will take the following items into consideration: Overall Proposal and Understanding of the Required Services (30%) - Has the contractor demonstrated a thorough understanding of the purpose and scope of services? - Has the contractor demonstrated that it understands the deliverables and reports (Monthly/quarterly/annual reports and data) the City expects it to provide? Relevant Experience (40%) Does the contractor have experience on similar size contracts? - Does the vendor have at a minimum three (3) years' experience dealing with municipalities? Price Proposal (15%) - Price Proposals will be evaluated on the basis of fee scheduling described in Table 1. Section B, Page 9. City of Tustin RFP — Graffiti Removal Services 34 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 Innovative and/or Creative Approaches (15%) - Ability to providing the services that provide additional efficiencies or increased performance capabilities. Oral Interviews In addition to the written proposal, the top tier contractor(s) will be asked to make an oral presentation. The contractor should have available a principle in the company and the contractor's proposed project manager to discuss the following: 1. The major elements of the proposal and be prepared to answer questions clarifying the proposal details. 2. A description of similar experience the contractor has in providing the requested services. Exhibits may also be used. 3. The proposed staffing, supervision coverage, level of training, fleet, and facility resources identified to provide the requested services. 4. At least five (5) before and after pictures of various types of graffiti removal done by vendor within the last three (3) calendar years. The City reserves the right to negotiate pricing and for additional terms. City reserves the right to begin negotiations and enter into a contract without an interview or further discussions. 1.2 Award & 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. 1. Contract Agreement 2. Faithful Performance Bond 3. Labor and Materials Payment Bond 4. Public Liability and Property Damage Insurance Certificate(s) and endorsements 5. Compensation Insurance Certificate and endorsements 6. Certified copy of Certificate of Authority, from the California Insurance Commissioner, issued to the bonding companies 7. Proof of valid Contractor's License(s) The Contract Agreement shall not be considered binding upon Agency until executed by the Authorized Agency officials. No contract will be executed unless the proposer is licensed in accordance with the provisions of the State Business and Professions Code. The successful proposer, prior to award of the contract by the City, shall present his or her contractor's pocket license or certificate of licensure 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 of this statement is shown on the last page of this Section. City of Tustin RFP — Graffiti Removal Services 35 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 A corporation to which an award is made may be required, before the Contract Agreement is executed by the agency, 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. Failure to comply with this requirement will result in annulment of the award and thus, the City will pursue to the next qualified responsive proposer. The contractor is advised that insurance certificate requirements are non-negotiable and City will not consider waiving insurance requirements. There are no exceptions. 1.3 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. 1_4 Disqualification of Proposer In the event that any proposer acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected, and the proposer will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one proposer, and while doing so, may also submit a formal proposal as a prime contractor. 1.5 Contract Bonds Both the Faithful Performance Bond and the Labor and Materials Payment Bond shall each be for not less than one hundred percent (100%) of the total contract amount. Bonds shall be of the form attached to Section C and secured from a surety company duly authorized to issue such bonds in the State of California and shall be subject to the approval and acceptance of the City Council and City Attorney. The Labor and Materials Payment Bond and the Faithful Performance Bond shall remain in force during the term of the contract. Additionally, the contractor shall concurrently submit, with the bonds, a certified copy of the most recent Certificate of Authority issued to the bonding company by the California Insurance Commissioner. 1.6 Clarity & Specifications If any person contemplating submitting a proposal for the proposed contract is in doubt as to the true meaning of any part of the plans, specifications or other proposed contract documents, or find discrepancies in, or omissions from, the drawings or specifications, he/she may submit to Mariam Madjlessi, Building Official, 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 City of Tustin RFP — Graffiti Removal Services 36 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 duly issued and copy of such addendum will be mailed or delivered to each person receiving a set of such documents. Mariam Madjlessi, Building Official, will not be responsible for any other explanation or interpretations of the proposed documents. The contractor shall hold 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. Section 2 — Changes in Work 2_1 Markup (a) Work by Contractor: The following percentages shall be added to the contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor......................................................................................... 15 % 2) Materials................................................................................... 15 % 3) Equipment Rental...................................................................... 15 % 4) Other Items and Expenditures................................................... 15 % The sum of the costs and markups provided for in this subsection shall include compensation for bonding. (b) Work by Subcontractor: When all or any part of the extra work is performed by a Subcontractor, the markup established in (a) shall be applied to the Subcontractor's actual cost of such work. A markup of five percent (5%) of the subcontracted portion of the extra work may be added by the Contractor. 2.2 Change in Order If extra work is deemed necessary, the scope of work shall be documented under the terms and conditions of the City of Tustin's Contract Change Order form enclosed at the end of this section. Section 3 - Prosecution, Progress & Acceptance of Work 3.1 Termination of Contract This contract may be terminated with or without cause by the City of Tustin at any time with not less than 30-days written notice of such termination. In the event of such termination, the contractor shall be compensated for such services up to the date of termination. Such compensation for work in progress would be prorated as to the percentage of progress completed at the date of termination. City of Tustin RFP — Graffiti Removal Services 37 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 3.2 Length of Contract After July 28, 2024, this contract shall be renewable each year through July 27, 2029, based upon performance. Each contract renewal is subject to approval by the Director of Community Development and is contingent upon successful work by the contractor as determined by the Director. All contract renewals must be approved in writing by the Director, along with renewal of all bonds and insurance policies. 3_3 Working Days City Hall Offices are currently open from 7:30 a.m. to 5:30 p.m. Monday through Thursday and 8:00 a.m. to 5:00 p.m. on Friday. The contractor's activities shall be confined to the hours between 7:00 a.m. and 5:00 p.m. Monday through Thursday and 7:00 a.m. to 4:00 p.m. on Friday, excluding holidays. Deviation from these hours will not be permitted without the prior consent or request of the Director. Section 4 - Responsibilities of The Contractor 4_1 Contractor's Equipment & Facilities A noise level limit of 96 dBA at a distance of fifty feet (50') shall apply to all equipment on or related to the job whether owned by the contractor or not. The use of excessively loud warning signals shall be avoided except in those cases required for the protection of personnel. 4.2 Labor Laws Legal Relations and Responsibility: The contractor shall insure and save harmless the City of Tustin and 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 performance of 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 his agents or a subcontractor or his 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 upon 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 City of Tustin RFP — Graffiti Removal Services 38 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 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. 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. 4_3 Responsibility for Damage & Loss The contractor shall assume the defense of, and hold harmless, the City of Tustin and its officers and agents from all claims of any kind arising from his own negligence or that of his agents in the performance of the contract. 4.4 Labor Non-discrimination Attention is directed to Section 1735 of the Labor Code, which reads as follows: "No discrimination shall be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, disability, 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." 4.5 Payroll Records Attention is directed to provisions in Labor Code Section 1776 which requires each contractor and subcontractor to keep accurate payroll records regarding wages paid to journeymen, apprentices, workers, or other employees. The contractor and subcontractor under him shall comply with the requirements of this Section. 4_6 Employment of Apprentices Attention is directed to the provisions in Sections 1777.5, Chapter 1411, Statutes of 1968 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 under him shall comply with the requirements of said sections 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 and Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 4.7 Liability Insurance City of Tustin RFP — Graffiti Removal Services 39 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 Public Liability and Property Damages: Contractor shall take out and maintain during the life of the contract, commercial general liability, automobile liability and worker's compensation insurance. The amount of the commercial general liability and automobile insurance shall not be less than the following: Single limit coverage applying to bodily and personal injury liability and property damage: $2,000,000.00. The following insurer endorsements are required if not part of the policy: 1. The City of Tustin, its elective and appointive boards, officers, agents and employees 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 or liability are provided on an occurrence basis; 5. The policy covers broad form property damage liability; 6. The policy covers personal injury as well as bodily injury liability; 7. The policy covers products and completed operations; & The policy covers use of non -owner automobiles; and 9. The coverage shall not be cancelled or terminated unless thirty (30) days written notice is given to the City of Tustin. 10. Insurers shall be authorized to do business in the State by the Department of Insurance and shall meet the following qualifications: A.M. Best's Key Rating of Grade A and Class VII (seven) (if an Admitted Insurer), and Grade A- or better and Class X (ten) or better (if offered by a Surplus Line Broker), is acceptable. Workers' compensation insurance rated Grade B- or better and Class VII (seven) or better, or offered by the State Compensation Fund, is acceptable. 11. The worker's compensation and employer's liability insurance policies shall contain a waiver of subrogation in favor of the City. Contractor shall provide to the City within ten (10) working days after the date of notice of award of the contract evidence of the aforementioned insurance with insurer endorsements, which must meet the requirements of this Article. An Acord Certificate will be accepted solely as evidence of the name of the insurers and the amounts of insurance. Failure to comply with these requirements will result in annulment of the award, forfeiture of the proposer's security, and the City will pursue award to the next qualified responsive proposer. Contractor is advised that City of Tustin RFP — Graffiti Removal Services 40 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 insurance requirements are non-negotiable and City will not consider waiving insurance requirements. There are no exceptions. 4.8 Permits A City of Tustin business license shall be obtained by the contractor, at his expense, prior to starting work. Subcontractors working for the general contractor for this project will be required to have a business license while working on this project. 4.9 Payroll Records Weekly certified payroll records for both the prime and subcontractors working on the job must be submitted to the Agency by the Contractor. Progress payments will be withheld pending receipt of any outstanding reports. Section 5 - Measurements & Payment 5.1 Payment The contractor shall submit a detailed invoice with each request for of Graffiti Removal services at the end of the month. Upon receiving invoice, the City of Tustin will submit a payment with the respective work of the month. The City has up to ten (10) days to submit payment. City of Tustin RFP — Graffiti Removal Services 41 I P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 CONTRACTOR'S LICENSING STATEMENT TO BE PROVIDED BY SUCCESSFUL PROPOSER PRIOR TO AWARD OF CONTRACT The undersigned Contractor or Corporate Officer, declares under penalty of perjury that the attached copy of the Contractor's pocket license or certificate of licensure is Contractor's, is current and valid, and is in a classification as required by the project specifications and appropriate to the work to be undertaken for this project. PROJECT: GRAFFITI REMOVAL SERVICES NAME OF CONTRACTOR: SIGNED: TITLE: Note: Attach proper Notary Acknowledgment for signature of authorized person. City of Tustin RFP — Graffiti Removal Services 42 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 CITY OF TUSTIN CONTRACT CHANGE ORDER NO. PROJECT: CONTRACTOR: DESCRIPTION OF THIS CCO The compensation (time and cost) set forth in this Change Order comprises the total compensation due the Contractor, the Subcontractors and all suppliers, for the work or change defined in this Change Order, including all impact on any unchanged work. By signing this Change Order, the Contractor acknowledges and agrees, on behalf of himself, all Subcontractors and all suppliers, that the stipulated compensation includes payment for all work contained in this Change Order, plus all payment for the interruption of schedules, extended overhead costs, delay, and all impact, ripple effect or cumulative impact on all other work under this Contract. The signing of this Change Order shall indicate that the Change Order constitutes full mutual accord and satisfaction for the change, and that the time and/or cost under the Change Order constitutes the total equitable adjustment owed the Contractor, all Subcontractors, and all suppliers, as a result of this change. The Contractor, on behalf of himself, all Subcontractors and all suppliers, agrees to waive all rights, without exception or reservation of any kind whatsoever, to file any further claim or request for equitable adjustment of any type, for any reasonably foreseeable cause that shall arise out of or as a result of this Change Order or the impact of this Change Order on the remainder of the work under this Contract. City of Tustin RFP — Graffiti Removal Services 43 I P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 CHANGE IN CONTRACT ITEMS INCREASE (DECREASE) ITEM NO. DESCRIPTION UNIT PRICE QUANTITY AMOUNT TOTAL City of Tustin RFP — Graffiti Removal Services 44 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 ADDITIONAL WORK (NON -CONTRACT ITEM) DESCRIPTION UNIT PRICE QUANTITY AMOUNT TOTAL GRAND TOTAL NET CHANGE TIME EXTENSION BY REASON OF THIS CHANGE ORDER SUMMARY OF CONTRACT CHANGE ORDERS PRECEDING CCO CHANGES - INCREASE ❑ DECREASE ❑ TOTAL CCO'S TO DATE - INCREASE ❑ DECREASE ❑ ACCEPTED: TITLE: DATE: Contractor SUBMITTED BY: APPROVAL RECOMMENDED: APPROVED: Community Development Director DATE: City of Tustin RFP — Graffiti Removal Services 45 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 11 • Section E - Scope of Services PROCEDURE The following procedures are to be followed by the City and contractor when performing Graffiti Abatement Services: The City shall receive initial complaints regarding any occurrence of graffiti nuisance violations. City staff will provide the alleged locations for removal to the contractor for removal. The Community Development Department shall notify the contractor of the location of the violation and authorize contractor to proceed. Locations may be accessed through the TAGRS database or by verbal or facsimile Notice to Proceed. In addition, the contractor may also identify graffiti occurrences found in the field, provided such occurrences are formally documented through the TAGRS database. Authorization from the Community Development Department is required prior to the contractor's proceeding with sandblasting or chemical removal processes. The contractor shall remove the subject graffiti within 24-hours of referral. 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 (2) sides horizontal to the ground at the minimum size needed to encompass the extreme limits of the graffiti violation. At the end of each business day, the contractor shall email a list identifying the work completed within the City of Tustin. Any month, in which the contractor wishes to receive payment for Graffiti Abatement Services which have been previously determined acceptable by City staff, the contractor must submit to the Community Development Department an invoice for services rendered per job prior to the date of the invoice. All submittals shall include the cost prescribed for graffiti removal based upon square footage of removal stipulated within the contract document, measurement of which is described herein. This invoice shall be in the form approved by the City's Director of Finance and shall be submitted no later than the first (1st) working day of such month. The City will pay the 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 the contractor to submit the required forms as stipulated herein will delay payment to the contractor until the following billing cycle. City of Tustin RFP — Graffiti Removal Services 46 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 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. The City of Tustin estimates that the contractor may be called upon to perform graffiti abatement services of approximately 4,000 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" proposal 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 processed for the contractor to be reimbursed for each additional job cost, as specified in Section D, General Provisions. The City reserves the right to award more or less than 3.000 nieces of work for which the chosen contractor shall be paid on a per unitbasis. SPECIFICATIONS FOR 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; the 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: Sandblasting or other pressurized removal systems - This method of removal may be used on surfaces such as concrete, cinder block, orbrick. Chemical removal - This method of removal may be used on non -porous surfaces such as granite, tile, metal, and some marble. 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" exterior acrylic flat paint (W720 Acri-Hues) 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 ordesignee. City of Tustin RFP — Graffiti Removal Services 47 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 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. 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. 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. - Light base paints - Firm drying time of 60 minutes. Spreading rate: 350 - 400 sq. ft. per gallon. The contractor must 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. Manufacturer'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 shall be explicitly followed. The contractor must have the ability to reach difficult locations when removing graffiti. To this end the contractor shall at all times have ladders, painting extensions on every vehicle and 24/7 access to a bucket truck vehicle with a minimum extension height of a minimum forty (40) feet. Public Relations All employees of the contractor must wear clean and professional clothing in the performance of their duties. Equipment must be clean and maintained in a safe operating manner. All equipment shall be subject to inspection by the City. The contractor at all times must conduct service with utmost courtesy to the public. Contractor Responsibility The contractor must assume the responsibility for all work performed. Cleanup All finished surfaces must be left clean and reasonably dust free. At the completion of the work, the contractor must 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. City of Tustin RFP — Graffiti Removal Services 48 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 NPDES REQUIREMENTS (Not a Proposal Item) The Santa Ana Regional Water Quality Control Board (RWQCB) has issued a permit to Orange County and incorporated cities in the Santa Ana Region to govern storm water and non -storm water discharges resulting from construction activities. The RWQCB Permit is National Pollutant Discharge Elimination System (NPDES) Permit No. CAS618030. Copies of the RWQCB Permit are available for review from the City of Tustin Public Works Department. The County of Orange has developed a Drainage Area Management Plan (DAMP) to comply with the Permit requirements. The DAMP contains Best Management Practices (BMPs) that all construction personnel must adhere to. The BMPs include pollution prevention and source control techniques to minimize the impact of construction activities upon dry -weather urban runoff, storm water runoff, and receiving water quality. All work performed under this contract shall conform to the above referenced NPDES Permit, the current edition of the DAMP, and the City of Tustin's Water Quality Ordinance. hi addition, the contractor is required to comply with all applicable local, state and federal clean water regulations, laws, provisions, etc. in the performance of their work. The contractor shall implement all applicable BMPs and ensure that all staff are properly trained and understand the BMPs. The contractor must: • Transport paint and materials to and from job sites in containers with secure lids and tied down to the transport vehicle. • Not transfer or load paint near storm drain inlets or watercourses. • Test and inspect spray equipment prior to starting to paint. Tighten all hoses and connections and do not overfill paint container. • Capture all clean-up water, and dispose of properly. • Not remove graffiti during a rain event. • Protect nearby storm drain inlets prior to removing graffiti from walls, signs, sidewalks, or other structures needing graffiti abatement. Clean up afterwards by sweeping or vacuuming thoroughly, and/or by using absorbent and properly disposing of the absorbent. • Direct runoff from sand blasting and high pressure washing (with no cleaning agents) into a landscaped or dirt area. If such an area is not available, filter runoff through an appropriate filtering device (e.g. filter fabric) to keep sand, particles, and debris out of storm drains. • Plug nearby storm drains and vacuum/pump wash water to the sanitary sewer if a graffiti abatement method generates wash water containing a cleaning compound (such as high pressure washing with a cleaning compound). • Consider using a waterless and non -toxic chemical cleaning method for graffiti removal (e.g. gels or spray compounds). The contractor may be asked to: City of Tustin RFP — Graffiti Removal Services 49 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 • Plug nearby storm drain inlets prior to the start of painting where there is significant risk of a spill reaching storm drains. Remove plugs when job is completed. • Cover nearby storm drain inlets if sand blasting is used to remove paint, prior to starting work. • Use a sander with a vacuum filter bag if sanding. City of Tustin RFP — Graffiti Removal Services 50 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 Section F — Federal Lobbying Restrictions FEDERAL LOBBYING RESTRICTIONS Section 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier sub -recipient of a Federal -aid contract to pay for any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any Federal -aid contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement. If any funds other than Federal funds have been paid for the same purposes in connection with this Federal -aid contract and the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the proposal documents. A certification for Federal -aid contracts regarding payment of funds to lobby Congress or a Federal agency is included in the Proposal. Standards Form — LLL, "Disclosure of Lobbying Activities," with instructions for completion of the Standard Form is also included in the Proposal. Signing the Proposal shall constitute signature of the Certification. The above referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower -tier contracts exceeding $100,000. All disclosure forms, but no certifications, shall be forwarded from tier to tier until received by the Community Development Director. The Contractor, subcontractors, and any lower -tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure for that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower -tier contractors. An event that materially affects the accuracy of the information reported includes: (1) A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or (2) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal Action; or (3) A change in the officer(s), employee(s), or Member(s) contacted to influence or attempt to influence a covered Federal Action. City of Tustin RFP — Graffiti Removal Services 51 I P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 City of Tustin, Community Development Department I, the undersigned, application for in connection with and as a part of my state as follows: Within the last twelve (12) months, I have made the following campaign contributions to a member or members of the: ❑ City Council Date(s) of Contribution(s): Contribution(s) paid to: Contribution(s) for: Amount of Contributions(s): (If no contributions were made, write "none.") I declare under penalty of perjury that the foregoing is true and correct. Executed this day of , 20, at , California. Print Name City of Tustin RFP — Graffiti Removal Services 52 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 I Section G — Federal Contract Provisions Required Contract Provisions Federal -Aid Contracts GENERAL These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. The conditions stated below are subject to change following the new fiscal year. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. a) A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. b) A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. c) Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. Selection of Labor: During the performance of this contract, the contractor shall not: a) discriminate against labor from any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b) employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. City of Tustin RFP — Graffiti Removal Services 53 I P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 NONDISCRIMINATION (Applicable to all Federal -aid contracts and to all related subcontracts of $10,000 or more.) Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a) The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. b) The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, ancestry, age, or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre -apprenticeship, and/or on- the job training." EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a) Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b) All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. City of Tustin RFP — Graffiti Removal Services 54 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 c) All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d) Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e) The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a) The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b) In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c) The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, ancestry, age, or disability. The following procedures shall be followed: a) The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b) The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c) The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. City of Tustin RFP — Graffiti Removal Services 55 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 d) The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. Training and Promotion: a) The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b) Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. c) The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d) The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a) The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b) The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, ancestry, age, or disability. c) The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d) In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the City of Tustin RFP — Graffiti Removal Services 56 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 employment vacancies without regard to race, color, religion, sex, national origin, ancestry, age, or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, ancestry, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. a) The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b) Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit proposals from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. c) The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the SHA and the FHWA. a) The records kept by the contractor shall document the following: a. The number of minority and non -minority group members and women employed in each work classification on the project; b. The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; c. The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and d. The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. e. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. City of Tustin RFP — Graffiti Removal Services 57 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 NONSEGREGATED FACILITIES (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) b) By submission of this proposal, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the proposer, Federal -aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. c) As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). d) The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) General: a) All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)] the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA-1495) shall be posted at all times by the City of Tustin RFP — Graffiti Removal Services 58 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b) Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. c) All rulings and interpretations of the Davis -Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract. Classification: a) The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b) The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: a. the work to be performed by the additional classification requested is not performed by a classification in the wage determination; b. the additional classification is utilized in the area by the construction industry; c. the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and d. with respect to helpers, when such a classification prevails in the area in which the work is performed. c) If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. d) In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting City of Tustin RFP — Graffiti Removal Services 59 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary e) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. Payment of Fringe Benefits: a) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b) If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account asset for the meeting of obligations under the plan or program. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a) Apprentices: Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. b) The allowable ratio of apprentices to journeyman -level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in City of Tustin RFP — Graffiti Removal Services 60 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman -level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. c) Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman -level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. d) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. e) Trainees: Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. The ratio of trainees to journeyman -level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. g) Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman -level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman -level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. h) In the event the Employment and Training Administration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. City of Tustin RFP — Graffiti Removal Services 61 I P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 1) Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under an approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal - aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one -and -one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the City of Tustin RFP — Graffiti Removal Services 62 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. STATEMENTS AND PAYROLLS (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. Payrolls and Payroll Records: Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. a) The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section l(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section l (b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is City of Tustin RFP — Graffiti Removal Services 63 I P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. b) Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029- 005- 0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. c) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: a that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; b. that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; c. that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. d) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. a The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. b. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspection, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to City of Tustin RFP — Graffiti Removal Services 64 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. RECORD OF MATERIALS, SUPPLIES, AND LABOR On all Federal -aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: a Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47. c Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph lb relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. d At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. SUBLETTING OR ASSIGNING THE CONTRACT The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635). "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to proposal on the contract as a whole and in general are to be limited to minor components of the overall contract. City of Tustin RFP — Graffiti Removal Services 65 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. SAFETY: ACCIDENT PREVENTION In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential that City of Tustin RFP — Graffiti Removal Services 66 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined not more than $10,000 or imprisoned not more than 5 years or both." IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal -aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this proposal or the execution of this contract, or subcontract, as appropriate, the proposer, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub.L. 91- 604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. City of Tustin RFP — Graffiti Removal Services 67 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION Instructions for Certification - Primary Covered Transactions: (Applicable to all Federal -aid contracts - 49 CFR 29) By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. City of Tustin RFP — Graffiti Removal Services 68 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion— Primary Covered Transactions The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; Have not within a 3-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or City of Tustin RFP — Graffiti Removal Services 69 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph lb of this certification; and Have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Certification - Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and City of Tustin RFP — Graffiti Removal Services 70 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transactions: The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) The prospective participant certifies, by signing and submitting this proposal or proposal, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. City of Tustin RFP — Graffiti Removal Services 71 I P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 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 any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 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 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her proposal or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. City of Tustin RFP — Graffiti Removal Services 72 1 P a g e Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 N F— z CW G U Q a--+ E^ 0 _0 C � N 0 O 4--j U � D E E U +-1 v E n O N v r o co _ N �� rn U E Ea-+ O U O >6 L o� U E 4J � L � v u o O om 0 .N H cr- d W z W � N U CO o_ W LL N Dr z O `" d N V) O W N 0 z Z O 'L oc H J O N 0 W N W C 0 O O N 0 .. N Q) Ln cn O N o� Q Ln a a a) O D D O LL a--+ z z v U O o cn < w z 4J O w (D cn u cn + O Q � 4J w LU U > O lD N N Q U N a"' lD vOi x °J a O cc E O m Q a a a 1% c � 0� a 00 51 WE a O m m N O N N Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 O n w z W U O r) w cn z O a Ln w � N Cn `� z a _O Lj- J N O N N N r-) 0 N z LU > LL Qw N I L IL Q LL z z z O O U I-- Q cn r LU z w n r) Q v a C v T3 a L v ■ N w J m Q w U o_ 0 0 0 0 0 0 o Ln Vj (V N lD N (V t/} L} CD C • O O 0 U') LO I- r-I rl O O a) L (U L a) « (U a) Q (V Q M M M W Z • CY 0-J--+ C: U) C 0 m 0 m 0 Q 0 O- -A • 0 0 0 (D -1 v v ca m � m Lo 0 o U a U CL aa) tin a1 J 0 C C a a rl cV V) w LLJ 0 LL a LL Q 0 LUO � LL ~ U z Q w � Z O v0 0 w w O o Z � O Q d N LU Q Z O Q H D Oa O L N 'O 0 w a) N N � w 6 OU aj m � a Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 O n LJ.J z w U O r) LJ cn z O a Lu N z o _O J N O CIAN O N r-) w O N z W > LL 0 0 LO • N c ro V 0 o CD O Ln 0 O L- r- a) rn • O O LO N o O rl -L4 ri V- OA O O > O v -a N 0L C UJ L L (U co M Q • 7 Ln7 i — L is M N .0 Q i cy !_ v v U O O Ln N Ln I� • 'O m E c Or L v !_ m v U ro J O H N W _U LU W N C) >Q Q LL LL Q O� MO w LL ~ U Z Q w � Z U O O U in LL w O LO 0 Z C, O Q a LU Q Z O Q H O D a O L N 'O p — w v m V LLU 6 OU v 0� d Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 /ESTE D Vested Solutions Vernon Wyllie -James (Owner/Operator) PO BOX 642 Palm Desert, CA 92260 EIN:47-5256426 (877)460-7729 and (800) 616-2091 (F) info@virtualvestedsolutions.com i Thank you for the opportunity to submit a proposal for The City of Tustin to provide Graffiti Removal services. Our organization has high coverage limits for General Liability, Workers Compensation & Automobile Insurance Coverage with umbrellas limits for $2,000,000.00. Vested Solutions is a (B2B) Business 2 Business Service company licensed and registered to provide various types of business services. We currently provide Specialty Services such as Graffiti Removal via various Federal Government contracts within Florida & Kentucky. In addition to other State and Local Legislative Government Agency contracts in CA, MT & KY. Services will be provided on -site on arrival on the same day or within twenty-four (24) hours of the client's request for services. Consistent with the terms and conditions of the agreement, and upon mutual consent, The City of Tustin and Vested Solutions may execute written amendments. Vested Solutions has NO litigation in which we have been involved in, including arbitration and administrative proceedings, during the past five (5) years involving claims for excess of ten (10) percent of the contact value. Include a brief legal description of the dispute and its current status. We have adequate and professional personnel that meets the requirements of the statement of work. Our Accounting is performed in the District of Columbia through a licensed CPA Firm that specializes in Government Contract Accounting & Auditing, this firm has seasoned accountants with over 15 years of experience quarterly. Our account manager for notices, consents and approvals as required is Vernon Wyllie -James the Senior Project Manager and Owner. Vested Solutions agrees to all terms, conditions and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration to this solicitation. Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 /ESTE D Contractor's Qualification Information Company Overview i • Founded in 2015 • Family Owned & Operated Eternal Love, LLC dba Vested Solutions is a Small Business Enterprise (SBE), • Local Business woman -owned, minority -owned, economically disadvantaged, HUBZone family- • Micro, Small, Women, Minority owned and operated janitorial service LLC company since 2015. Our size and scope allow us to be cost-effective while our commitment to quality and service & HubZone Business make us exceptional. The owner will directly oversee this project. Prior to the Start Date for The City of Tustin will be provided with a list of each individual, their specific role, and years of experience. We operate throughout all counties of California, Frankfort - KY, Huson - MT, Gainesville - FL, Maryland & NY. In addition, we provide Sub Contracting Services to larger Prime Contractors and distribute Subcontracting opportunities to smaller DVBE Contractors. Operating in multiple regions within the state and additional states allows us to be highly competitive within the industry for our clients. We are highly sought out for job seekers within the industry by providing above minimum wage pay rates, bonuses, and incentives. From the beginning, we have committed ourselves to provide quality service, as a result, we have maintained loyal clients and employees who have stayed with us year after year. With our adequate amount of staff that demonstrates a competent and professional approach. We can provide emergency, on -call, and scheduled services immediately upon request. Vested Solutions are financially secure to cover the costs of the opportunity holding the proposed value of the bid within our operating account as the open working capital. We certify that Vested Solutions is not debarred, suspended, or otherwise declared ineligible to contract with any other federal, state, or local public agency Vested Solutions are efficient and economical; adhere to industry standards and best practices. We continually show our clients how to cut significant costs all the while providing a high level of service that meets or exceeds your expectations. We service any size space to the highest standards using industry best practices. We've built a perfect track record by never receiving any deficiencies. Our reputation is built on trust. Once you choose us you won't have to go through the process of finding a reliable cleaning company ever again. We guarantee it since we have never lost an account. We can get to your site right away, we are responsive and reliable. We work on your schedule — you pick the times and dates that work best for you. By focusing on outstanding customer service, the company has experienced strong consistent growth. We sweat the details. We're not happy unless you're completely satisfied, so we'll get every single detail right. Vested Solutions customize its policies and procedures for each contract to fit the needs and requirements of our clients. This allows us to be more thorough and accurate in delivering the contract's requirements. We use the "Scope of Work " requirement as a road map that provides us with directions to avoid any future bumps in the road during the contract. We maintain compliance will all applicable Federal, State, and local rules and regulations and permits. We can offer you a high -quality, cost-effective solution to your needs with an adequate number of trained service personnel employed to provide satisfactory service specified under the proposal specifications and subsequent contract award. Vested Solutions have a wide range of B2B service experience and we would provide excellently, quality consisting of furnish The City of Tustin in strict conformance with the standards specified in these specifications. We provide reliable transportation for equipment and staff to service identified facilities. Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 Vested Solutions will provide all necessary commercially rated equipment for the proper performance of the Contract. The equipment will be at one of The City of Tustin buildings and be fully operational throughout the Term of the Contract. Hiring Process When we start a contract we come with an existing Managerial Team that consists of a Project Manager, Assistant Project Manager/Administrator, Site Supervisor and Team Lead. The Management Team assists with the One -on -One, Panel and Working Interview Process. Our successful candidates qualifications/requirement that are hired have: • Clean Criminal Background free of Felonies • Valid Drivers License with no traffic violations or accidents within the last 2 years • Minimum of (2) Two Years of Verifiable Experience • Minimum of (2) Two Years Verifiable Work History • Ability to Lift 50 lbs. We post job openings on our website, social media and other Job Posting websites such as Indeed. In addition we reach out and form community connections by connecting with High Schools, Transitional Housing, Work Force Development, Staffing Agencies, etc. Once a candidate is chosen the candidate goes through 3 interviews. The 1st is a Phone Screening to determine further qualifications, references are called after the initial phone screening, followed by a scheduled Zoom Panel Interview. At this stage the candidate is a candidate for hire and a Live Scan Federal, State and Local (10) Ten Year Background check is performed on the candidate that involves finger print results. And finally a final Working Interview, Where the individual is trained on -site at an existing contract. They will shadow and work with a Team Lead or Supervisor for a minimum of 4 hours and a final decision is made on if they will be hired. In order to maintain worker retention we start off with an above minimum wage living wage of $20.00 per hour to all of our Custodial Professionals, $21.00 per hour for our Team Leads and a minimum of $45K Annual Salary for our Site Supervisors. Within the Custodial Professional workforce we provide a monetary milestone incentive program that includes a $250 Bonus after successful completion of a 90 day probationary period, 2°lo Annual Increase after successful completion of Annual Review, we have In House Leadership Hiring practices where Custodial Professionals can elevate to a Team Lead, Team Leads can elevate to a Site Supervisor and a Site Supervisor can elevate to a Project Manager with a minimum salary of $60K Annually. Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 /ESTE D i Proposed Staffing and Project Organization Management, Supervision and Quality BENEFITS • Control are the key to delivering service Higher level of cleaning. Reduced Insurance Cost • Reduced Turnover Vested Solutions have a knowledgeable management team with years of experience dedicated to providing efficiency, quality, performance, and maintenance of our contractual obligations. Our Executive Team together has over 30 years of career experience providing professional 13213 Services. With this seasoned staff, we are able to provide outstanding service. Our management works closely with all levels of our supervision, to ensure customer satisfaction. All employees are subjected to a background check prior to the commencement of work under this contract. Our managers will be responsible for On -Site and Off -Site Team Management which includes the Administrative Team, Site Manager, Team Leads and Professionals. Our managers have proven leadership skills, including planning, organizing, leading, and coordinating activities. They establish goals and focus on communicating those goals to their staff to accomplish them. Participation in management techniques, employee relations, and hands-on field training are all part of Vested Solutions' management program. • Planning — Identify goals, objectives, methods, and resources needed. • Organizing Resources — Organize Human Resources and administrative functions. • Leading — Establish strategic direction — vision, values, mission, and goals. • Coordinating — Ensure systems, processes, and structures are effective. Ongoing feedback and monitoring. The Vested Solutions Project Manager will attend scheduled meetings during the term of this Agreement when requested by either party. Should either party request a meeting, the other party shall respond within twenty-four (24) hours with an agreed -upon day and time, to take place within forty-eight (48) hours. All meetings shall take place. With our Executive Team and On -Site Team, Vested Solutions will provide The City of Tustin with professional, satisfactory services and deliver the image of excellence. Our services are timely, and operations run smoothly. We customize services for each client to make sure that the service we provide is beneficial.. We detail the expectations of our clients and provide clear and understandable directions. We create real value for the organization we are servicing by going above and beyond our daily needs. Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 /ESTE D i We do hands-on training with our entire staff from the Site Manager to the Custodial Professional. We provide on -site supervisory personnel of a high caliber including bilingual communication ability and all crew members have a working knowledge of English. Every Team Member is required to complete a series of video training that will educate them on the required cleaning practices and safety regulations of each task prior to going on site. Each video has a scored test that the employee must pass prior to going on site. Upon completion of the video, training employees shadow a seasoned Team Lead or Site Manager to go through detailed training based on the Scope of Work for the client. Each client has a specific policy and procedure cleaning manual that pertains to their scope of work that is readily available to the client upon request. The Project Manager has over 10 years of experience providing Project Management custodial services. The assigned Project Manager is the owner and he will personally supervise, train and manage all Supervisors and Team Leads for this project. He currently is the Project Manager for El Centro Naval Base, Palm Springs Airport, and Mission Springs Water District. He provides Executive Assistance to all other Project Managers within the company. The Project Manager will: • Provide a detailed description of all hiring, training, testing, and disciplinary policies and procedures used. • To the Contract Administrator on or prior to the first day of work, submit a supervisory chain of command document identifying personnel names and telephone numbers, providing updates as necessary. • Every Week the Project Manager will review the Team Leads daily/weekly Quality Assurance Check Lists and Service Log Book that was reviewed and signed off on by the Site Manager. The Project Manager, Administrator, and Site Manage will meet to ensure corrections on deficiencies within 24 hours. • The Project Manager will contact the Contract Administrator or designee to discuss and clarify any operational problems and to receive instructions. The Project Manager will physically contact each assigned individual not less than one (1) time per shift. • Monthly the Project Manager will review the Site manager's Monthly Quality Assurance Check List based on the monthly Scope of Work. Vested Solutions will make corrections, within 48 hours on deficiencies for any task labeled as monthly. • Quarterly the Project Manager will complete a Quality Assurance review based on the Quarterly Scope of Work and perform a Walk -Through and prepare a report with the Site Manager and Team Lead, Vested Solutions will make corrections within 72 hours on deficiencies for any task labeled as quarterly. • The Project Manager will supervise the Administrative Team, Site Manager Team Leads, and Team and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services. • Will ensure crew personnel abides by The Department of Veterans Affairs security regulations and safety standards, to safeguard The City of Tustin personnel, equipment, and property. • The Project Manager will address any concerns and provide support to the Site Manager with resolutions on any issues if needed. Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 /ESTE D i We do hands-on training with our entire staff from the Site Manager to the Custodial Professional. Every Team Member is physically capable of performing all duties assigned and must present a physical appearance acceptable to The City of Tustin . They are also required to complete a series of video training that will educate them on the required cleaning practices and safety regulations of each task prior to going onsite. Each video has a scored test that the employee must pass prior to going on site. Upon completion of the video, training employees shadow a seasoned Team Lead or Site Manager to go through detailed training based on the Scope of Work for the client. Each client has a specific policy and procedure cleaning manual that pertains to their scope of work. The Project Manager will: • Provide a detailed description of all hiring, training, testing, and disciplinary policies and procedures used. To the Contract Administrator on or prior to the first day of work, submit a supervisory chain of command document identifying personnel names and telephone numbers, providing updates as necessary. And a list of all employees assigned to this contract along with their social security numbers. • Coordinate with the Administrative Team and Site Manager weekly to determine the scheduling and cleaning supply replacements which include equipment, supplies, materials, and chemicals. Once these items are identified the Administrative Team will provide a weekly report Quarterly the Project Manager will complete a Quality Assurance review based on the Quarterly Scope of Work and perform a Walk -Through and prepare a report with the Site Manager and Team Lead, Vested Solutions will make corrections within 72 hours on deficiencies for any task labeled as quarterly. A report will be given even if there are zero items needed for replacement. Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 /ESTE D i • Every Week the Project Manager will review the Team Leads daily/weekly Quality Assurance Check Lists and Service Log Book that was reviewed and signed off on by the Site Manager. The Project Manager, Administrator, and Site Manage will meet to ensure corrections on deficiencies within 24 hours. • The Project Manager will contact the Contract Administrator or designee to discuss and clarify any operational problems and to receive instructions. The Project Manager will physically contact each assigned individual not less than one (1) time per shift. • Monthly the Project Manager will review the Site manager's Monthly Quality Assurance Check List based on the monthly Scope of Work. Vested Solutions will make corrections, within 48 hours on deficiencies for any task labeled as monthly. • Quarterly the Project Manager will complete a Quality Assurance review based on the Quarterly Scope of Work and perform a Walk -Through and prepare a report with the Site Manager and Team Lead, Vested Solutions will make corrections within 72 hours on deficiencies for any task labeled as quarterly. • The Project Manager will supervise the Administrative Team, Site Manager Team Leads, and Team and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services. • The Project Manager will supervise the Administrative Team, Site Manager Team Leads, and Team and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services. • Vested Solutions will notify The City of Tustin staff of any issues that could pose a hazard to the public or employees. • The Project Manager will address any concerns and provide support to the Site Manager with resolutions on any issues if needed. • Monitor and notify the designated The City of Tustin staff personnel immediately by phone of any incident with possible environmental impacts, regardless of the responsible party. Management and Staffing Plan • In the event we fail to render services required under this Agreement on a required work day during a monthly service period during the term of this Agreement, the total amount that will be compensated to Vested Solutions for services rendered during the service period will be reduced. The total reduction per service period shall be calculated as follows: (Total work days services required under this Agreement were not rendered during service period) divided by (Total number of required work days for the service period) multiplied by (the monthly service period rate) equals (Total reduction for the service period) Administration • Will submit semiannual reports to The City of Tustin during the length of the Contract. The first report is due by the end of the first week of the fourth month of the Contract, and subsequent reports are due every six months from that date for the duration of the Contract. Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 /ESTE D i • Provide a list of all workers assigned to the office to perform services under this Agreement. Prior to authorizing replacement workers to perform services under this Agreement, Vested Solutions will provide twenty-four (24) hours of advance written notice of any changes to the list of assigned workers throughout the term of this Agreement. • Provide a detailed Work Plan to include staffing levels and proposed schedules for review and approval by The City of Tustin staff within thirty (30) days of Notice to Proceed. • Will store and digitally file the weekly, monthly, and quarterly Service Log Book & Quality Assurance Check List. • The Administrator maintains complete and accurate records with respect to all costs and expenses incurred under this Agreement. All records shall be clearly identifiable. A representative of The City of Tustin will be allowed during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. • The Administrator will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. • We will provide itemized invoices to include monthly costs for a given time period, and include the number of employees and hours assigned to the project. • Provides HR support to clients and employees. Ensures all employees meet project qualifications and pass a background check. • Ensures the company has proper licensing and registration Federally, Statewide, and locally. • Notify designated staff, via fax or telephone, fifteen days preceding any change in address and follow up with written notification within three (3) days of the change • Notify designated staff, via fax or telephone, fifteen days preceding any change in address and follow up with written notification within three (3) days of the change. • We will monitor compliance with all local, state, and federal laws, codes and regulations, and policies. • Assist On -Site Management Team with scheduling, call -outs, temporary help, subcontracting, and staff replacement if applicable. 9 Our dispatch is responsive and available 24 hours a day via our toll -free number. We provide emergency service at any time. Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 E S T E D OLV i IONS Site Manager • Will supervise and be responsible for all on -site services required and performed under this Agreement. • Oversee the productivity and progress of employees who report directly to them. Supervision is a management activity and supervisors have a management role in the organization. Our supervisors use the following methods to support employees' efforts: 1. Management skills - make decisions, plan, problem solve, and delegate. 2.Organize their department and teams. 3. Design new job roles if needed. 4. Hire and train new employees 5.Observe employee performance and provide feedback 6.Adhere to personnel practices • The Site Manager will supervise the Team Team Lead and Professionals and direct the Services, using their best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services. • The Site Manager will review and sign off on the Team Leads Daily Service Log Book and ensure corrections on deficiencies within 24 hours. Once the Service Log Book checklist has been approved it is forwarded to the Project Manager for review £r approval and to the Administrator for digital filing. • The Site Manager will perform a weekly £r monthly Quality Assurance review throughout all cleaning sites. Vested Solutions invites The City of Tustin to join in on the monthly Quality Assurance review of the weekly Janitorial Services. There is a complete checklist of all janitorial duties and work performed by the janitorial staff. And, Vested Solutions ensure corrections on deficiencies within 48 hours. • The City of Tustin at all times Team Leads are under the Site Manager's leadership and will replace the Site Manager upon an emergency, absence, or if deemed necessary by the Project Manager. The replacement Site Manager will be approved by The City of Tustin prior to commencement of any Supervisory duties. 0 Directly responsible for the performance of the daily routine. Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 E S T E D OLV i IONS • The Site Manager will address any concerns and provide support to Team Leads with resolutions on any issues if needed. • At the end of the Shift, the Site Manager double-checks that the Team Lead ensured all lights are turned off, doors are closed Fr locked and the alarms are set prior to leave the facility. • Vested Solutions will provide an adequate number of properly trained personnel and competent supervision. We will maintain a steady crew/workforce and shall immediately advise The City of Tustin or its authorized representative of any substantial change in the composition of the workforce that impacts the ability of the Contractor to complete its duties. Team Leads Vested Solutions is very proud of our full-time, professional Specialist (Team Leads). They are keys to the successful performance of our operations. Their skills in employee training and motivation along with onsite quality control ensure the highest level of services provided that meets and exceeds management and the client's expectations. Our Team Leads are constantly spot-checking and thoroughly inspecting custodians' work and providing on - the -spot training when needed. This enhances their existing janitorial skills and ensures client satisfaction, They log the Service daily Logbook that is approved by the Site Manager and Project Manager based on the services provided by the Custodial Team. In addition to logging the Service Log Book, they perform the Quality Assurance Check based on the services provided by the Custodial Team. Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 /ESTE D i The Team Lead is responsible for the direct supervision of the custodian and is active in completing all the cleaning tasks. At the end of the shift and upon completion of the daily Scope of Work the Team Lead is responsible for ensuring that all lights are turned off, doors are closed & locked and the alarms are set prior to leave the facility. • Comply with the security requirements of the Agreement. • Responsible for the office building keys from the time of possession through the end of this Agreement term. Should we lose possession of the building keys for any duration of time during this period, we understand we will be assessed the costs for rekeying the building and making copies of the new keys. As with anything, communication is vital and the key to success within Vested Solutions, working together as a team and with our clients is very important to us. Clear and open communication is the most effective tool. While providing complete and available communication, issues can be rectified quickly; employees can be reassigned or replaced if someone gets sick, time off, or is not a good fit for a particular location. This ensures the satisfaction of our clients can be met 100%. Our Professionals will complete the Scope of Work for The City of Tustin with the assistance and leadership of the Team Lead. We do not hire temporary labor - all members of our cleaning staff are employees. They receive rigorous on -site and in -classroom training so that they can follow your Scope of Work exactly and master the equipment, materials, and application of cleaning solutions. Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 +-1 Q1 E Q O a--+ N Q) v o �r- Q � O u — c > v v O 0 0 i--� }) — .f6 u E U •� 41 N N o E 0 0 O U � H O d Lu H Z w 2 D U O 0 W nJ V) rl Z O O� d L_L V) W OC N N U NO Z_ Z O O z H LL U cf� DN 1..1� v I z O U V) O Z w D CIO B N Q N oO 0 0 Q N r; 0)� N � N U 0 N � C O C N ++ = U z_ ) N J 4- 0 Q °J w C U 0 v N w (7 O N L O Q Vl W cf�w ( n V E 0 U O u O C � m C >- O — 0 0 a--+ u rn — 00 -1 0 N N O 4- c N rn U CO O O0 m j U m N u v L o m Qcu E _ O� a--� bA O-0 " 0 0 m N C r L O O Q w-0 U(D QNu a� �z U(D 107 m -i c-I N O N N N C Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 Q 0 c w c rn 3 0 O O d w z w U O 0 w V) z O a cry w U Z z _O U N F O Cn d Z w O °C U N Ln N O� Z w O � z m � �? w I n ►.r 7 Q W or_ Q LL z z z O O U I-- Q N r)LU z LJJ r) Q L ri v N N cv 0 Q 0 a w w J d O U 0 rB _0 * Q 4N c � a� c E m 4- =3 9-- _0 U (6 Q O N � � � M rI O = �I O Q) cC6 LC _N N N d LU Cn W J m Q w U_ d 0 0 0 0 u-i Ln r- r- M M V" V'? CD CD O O ui ui N N V)- 0 O N U1 w N w N 41 0- U! Q M �a bD Z Z '+ • tT + s in C in C O .m O m O O- O 0- -1 ci • O O O O -1 r-1 v v m cm m m O _O o u O U v tin a) J 0 c c a a rl cV V) w _U LU w 0 � a 0 o a o_ i �LL LL Z a LU = � O U O O Li o cwi) Q z oz O w U 9= LL U O z 0 z Q O v Q V, 0 V, Q z o Oa U o Z - W N N D v m 6 OU � v � � a Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 O d w z W U O 0 W V) z O a W U w Z z O m � U U � � cc: O 00 U) v Z LL p U 00N N N oO CD LO (O W O o � z m � N W CL O aC N C W c rn 3 U 0 0 o N V)- 0 o Ol V)- 0 0 0 0 ,n 00 00 4-4 O O O c-I N ci tlA O 1� O > v O -a .� C v O L L N o (o Q L (o u v .V Q L C O LO O Ln (V I� O m E c (n _U E m N U ro J O Ln W _U LU Lu 0 � a 0 oQ o_ L� �LL LL z a LU � O U O O LL o n z O z Ln O Lu U i= LL U O z o z Q O U Q D — Ln 0 z Q O U o N L O Z + w v (» � � v m 6 OU (i QJ (6 or d Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 George Bueno Corona, California 92879 Phone: (714) 713-1721 Email: buenosconstruction@yahoo.com Web: www.buenosconstruction.com Description Graffiti Services ID#2022-rfp-012 Line Item: 1. Paint -Light color base 100 square feet of painting per Graffiti Service ID#2022-012 Line Item: 2.Paint-Deep Color Base 100 square feet of painting per Graffiti Service ID#2022-012 Line Item: 3. Water/Sand Blast 40 square feet of water/sand blast Graffiti Service ID#2022-012 Line Item: 4. Chemical Removal 40 square feet of chemical removal ESTI MATE Page 1 of 3 Prepared For City of Tistin Ca. City Of Tustin Ca. (714) 573-3138 (714) 573-3138 Estimate # 1347 Date 06/21/2024 Business / Tax # 82-2177051 Subtotal Total Total $37,500.00 $37,500.00 $2,500.00 $9,000.00 $86,500.00 $86,500.00 Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 1. Scope of Work: The contractor agrees to provide construction services as outlined in the attached project specifications, in compliance with California building codes and regulations. 2. Timeline: The project is expected to commence on the date stated in the document notes. Milestones and deadlines are detailed in the project schedule, taking into account any specific timelines required by California regulations. 3. Payment Terms: Payments will be made in installments as stated in the payment schedule section of the document. Late payments may incur a 5% late fee, as allowed by California law. 4. Change Orders: Any changes to the original scope of work must be documented and agreed upon in writing by both parties, adhering to California construction contract requirements. Additional costs resulting from changes will be discussed and approved before implementation. 5. Materials and Quality: The contractor commits to using materials that meet or exceed California building standards and adhere to the specifications outlined in the project documents. 6. Insurance and Liability: The contractor shall maintain appropriate insurance coverage throughout the project, meeting the insurance requirements set forth by California law. The contractor is responsible for any damages or injuries that occur during construction in accordance with California liability laws. 7. Warranty: The contractor provides a 5-year warranty for defects in workmanship and materials, in compliance with California statutory warranty requirements. The warranty period begins upon project completion. 8. Termination Clause: Either party may terminate the contract under conditions allowed by California law, such as a breach of contract or unforeseen circumstances preventing project completion. 9. Dispute Resolution: Disputes shall be resolved through mediation, as required by California law. If mediation fails, the matter will be subject to binding arbitration in accordance with and permitted by California statutes. 10. Compliance with Laws: The contractor agrees to comply with all local, state, and federal laws, including specific adherence to California's building codes, regulations, and licensing requirements relevant to the project. Page 2 of 3 Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 Page 3 of 3 City of Tistin Ca. Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 F— cr- d w F- z cw G D U O 0 w cn z c-1 ^O LL O w � CC LL u N Z Q LLJ U z Cr LL w� V) F- F- w d O cr- _O Lu d V) N N 0- O p N O N � o � 4- Sri m (-4 U � 0)J N C _ O Z3 N � N N u � � L w z v � v w c 0 v O LJJ Ln +1 Z 0 L O Q O w � Q U C V v U V)°U DC d � N O 00 4-1 o v a) Ln v v z 0)o O fu� o Q O Q N v 0 rr�N V= N �_ 001 ON CIA (6 .0 L �J U N v a1 � W � c i� r C d E N Q c C 00 m O a1 U (n W C U Z Q N Q a- (/ ) Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 O a w z w U O 0 w z O d Ln W U z V w U_ LU Ln } N LL d d LL O� � N N cf� CD O N oc O W z w Q w _ � � Q LL z z z O O U I-- Q cn 0 w z w 0 0 Q L ri v Ln w J m Q w U 0 0 0 0 • Ln Ln • 0 0 ni Ln o o v a, v a v Q M �a en Z Z • tT' s' in C in C 0 .m o .m 0 CL 0 Q • 0 0 o 0 -1 r v a, m m m m o O O O U U Y a bA QJ J O Y Y m d a rl cV V) w U LU N O 0 0 " w Q � a Lz LL U cr O (D 0 " w O N LL z I-- O U � Q w z z v O Z U LL vi O LU U � w Q N w O a a O a � d d O O� Y LU Q N W Q) cL 7 D OU N v � a Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 O d LU z w U O 0 w z O a Ln w U z V w U Lu cn } N O w O- a- L.L O� � N N OC O _O N CC O w z w N ry, O Lq . � N c o ^ Ql N 0 Ln N m N LO I- Ln N 00 Ql m tiA o +� o > v � � o .� v C: _a L O — ru a) Q . 7 N L u 7 .V Q L C O LO O Ln N I� +� O m E c a) � L UC C r �t * U �t �t ro J O H Ln w _U LU w Ln o OLU a a � a w LL a U cr O (D w O Ln w Z O U L Q w F z _ z U O Z U LL vi O LU U � w Q Ln LU 0 w O 0- CD- 0 a � d a L O _O LU Q) w v m 0- 73 � ago nA v m cr a Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 City of Tustin GRAFFITI REMOVAL SERVICES Proposal June 24, 2024 i2 SUPERIOR Superior Property Services, Inc. Superior Graffiti Solutions 2181 South Dupont Drive Anaheim, CA 92806 (714) 285-1200 FAX (562) 801-9230 (800) 741-2532 Website: wwwAsuperioncom Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 Superior Property Services, Inc Superior Graffiti Solutions SUPERIOR June 24, 2024 City of Tustin Attn.: Ms. Mariam Madjlessi, P.E. Building Official 300 Centennial Way Tustin, CA 92780 Dear Ms. Madjlessi, Superior is pleased to submit the enclosed proposal to the City of Tustin for Graffiti Removal Services. We have reviewed the information provided in the RFP and are confident Superior can meet all the requirements as outlined in this RFP. The following are the individuals authorized to make representations with respect to this proposal: Management Contact Ronald L. Bruneck President 2181 S. Dupont Dr. Anaheim, CA 92806 Project Manager Nancy Hernandez Vice President 2181 S. Dupont Dr. Anaheim, CA 92806 Thank you for the opportunity and we look forward to your review and comments. We can be reached at (800) 741-CLEAN or (714) 285-1200 should you or your staff have any questions. Respectfully, Ron Br neck President Superior Property Services, Inc. 2181 S Dupont Dr, Anaheim, CA 92806 562-801-9200.714-285-1200 • FAX 562-801-9230 • www.4superior.com Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 CONTRACTORS d�a STATE LICENSE BOARD ACTIVE LICENSE Ll�....H-b..83568i CORP a�.,�...N.�. SUPERIOR PROPERTY SERVICES INC C33 C61/038 e.pk.,io�ou. 04/30/2026 www.cslb.ca.gav La i Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 Experience Superior has provided the highest quality, pressure washing and graffiti abatement services for over two decades. Through the years Superior has received the experience necessary to complete any kind of job big or small. Superior offers the kind of innovative approach in all areas of pressure washing rarely found in other companies. Superior's Vision of `Thinking about Tomorrow' reflects our profound respect for our environment and our responsibility to operate in a way that recognizes the impact we have on tomorrow's future. Our responsiveness to our clients has established Superior as a leader in the pressure washing industry Superior has worked hard and prided ourselves on becoming an environmentally conscience contractor. We have done extensive testing and evaluation of all our chemicals and equipment. Superior would have no problem embracing the City's core values with respect to being a responsible contractor concerned about our environment. Superior Facts: o California Corporation ■ Ron Bruneck, President & Founder ■ Nancy Hernandez, Vice President ■ Christopher Bruneck, Operations o in business since 1993 o Currently employ 41 full time people o Licenses: C33; C61/D38 and B General Contractor o Hazwoper/Hazmat Certified o Anaheim office & warehouse This RFP shall be incorporated in its entirety as part of our proposal. This RFP and proposal will jointly become the Scope for Professional Contract Services. Superior shall adhere to all state or local laws and regulations. In case of conflict between federal, state, or local laws or regulations, the strictest shall be adhered to. Superior has undergone NPDES training as required by the State of California and has adopted Best Management Practices (BMP's) as Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 outlined by the California Regional Water Quality Control Boards for Los Angeles County and Orange County. Superior has been recognized by Cal/OSHA with the Golden Gate recognition, for its effort in implementing and maintaining an effective injury and illness prevention program (IIPP). Superior shall allow all authorized federal, state, county, and the City official's access to our place of work, books, documents, papers, fiscal, payroll materials and other relevant contract records pertinent to this project. Superior will always comply with the California Labor Code, pursuant to regulations entitled: Federal Labor Standards provisions; Superior will provide supervision, equipment, labor and materials to properly clean the areas identified in the Scope of Services. Superior shall maintain a valid City of Tustin business license. Ronald L. Bruneck President & Pounder I have made the City of Tustin my home for over 35 years, both my sons were raised here and attended Tustin Unified Schools. Mr. Bruneck began his career in real estate sales and property management in 1974, during which he was responsible for a portfolio of over 2,500 residential units and numerous commercial properties. He obtained his real estate broker's license in 1976, owned and managed Lanco Property Management until 1992 when he started CDS Maintenance, later becoming Superior Property Services in 1994. Mr. Bruneck attended USC and holds a bachelor's degree in business administration. Obtained his California State Contractors License (C-33) in 1993 and is certified as a HAZWOPER/HAZMAT Trainer per {29CFR1910.120} & {49CFR172.7041. Mr. Bruneck and his wife of 40 years have been Orange County residents for more than 30 years. Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 Nancy Hernandez Vice President of Operations Her years of experience in all aspects of the maintenance business have resulted in a responsive and knowledgeable manager. Being bilingual enables her to communicate with the employees giving them directions and new ideas to complete the work needed. Ms. Hernandez directly over sees the office staff and is responsible for all employees, with supervisors reporting directly to her. She also is responsible for scheduling work and accounts receivables. Ms. Hernandez is an integral part of the Superior operation and family and has been for over 20 years. Experience: Lanco Property Management 1991 - 1992 CDS Maintenance 1992 - 1993 Superior Property Services, Inc. 1993 - Present Education: Santa Ana Valley High School 1994 Orange Coast College 1994 - 2000 Business Major Language: English & Spanish Nancy would be the prime point of contact for this contract Chris Bruneck Supervisor Chris understands the importance of maintaining Superiors high standards of service and quality of worl<. Chris has a passion for soccer, enjoys music and working out. Experience: Superior Property Services, Inc. 2003 Present CSL Silicone Certified anti -graffiti coating applicator Cyclone Trained Operator 2017 Completed 40-hr. Hazwopper worker training Completed 24-E.R. Technician training Completed 8-Hr Hazwoper Supervisor training Certified Master Applicator for Coatings 2016 CSL Silicones Approved Applicator 2014 Education: Tustin High School 2005 Santiago Community College 2005 — 2006 Woodbury University 2006 — 2007 Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 Francisco Cuenca Qperaitats Mimi- rlQuolit), Assiti-a Ice He is very familiar with the requirements of our City of Santa Ana contract and the areas serviced. Mr. Cuenca responsibilities include the operations of all our contracts and reports directly to our VP of Operations. Experience: Superior Property Services, Inc. 1999 Present Janitor Janitorial Supervisor Pressure Washer Graffiti Abatement Graffiti Abatement Crew Supervisor Operations Manager & Quality Assurance Supervisor Pending Completion of 40-hr. Hazwopper worker training Jesus Duran CreivLe(&er/Graffiti Removal/Pressure Washita Jesus has worked for several years on our graffiti abatement crews and was also trained to handle our pressure washing and water recovery and recycling equipment. Experience: Superior Property Services, Inc. 2012 - Present Completed 40-hr. Hazwopper worker training Jorge Garcia Creiv Lea(lei-1 G'r(r iti Renrov(tl/Chettiical111(ur(tit,lertaettl Experience: Superior Property Services, Inc. 2013 - Present Completed 40-hr. Hazwopper worker training t� SUPERIOR Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 Superior's Approach Practical Experience Protecting Surfaces Everyday With Better Equipment and Products! Our competitors have been using the same OLD pressure washing equipment and cleaning process for way too long. Not because it works, but because they don't ever change. Superior is changing the way graffiti abatement should be done. Our equipment is more efficient, our proactive approach and community involvement have shown positive results in reducing graffiti. Superior has developed working relationships with companies worldwide to obtain the best practices, products, and equipment. Our coatings have been developed to protect century old buildings, walkways', and street art in countries like Netherlands; Australia; Belgium; Germany and Canada. Our protective coatings coupled with the newest technology in equipment like the Cyclone from Arizona and Dr Gum from Italy and Canada, MaxVac, and Tennant M-20 Vacuums make for Superior Cleaning. STEP 1: Clean Properly STEP 2: Protect with environmentally safe coatings STEP 3: Maintain with state-of-the-art Technology Sustainability Superior has worked hard and prided ourselves on becoming an environmentally conscience contractor. Superior has provided pressure washing and graffiti abatement to the Cities of West Hollywood, City of Santa Ana, Anaheim, Newport Beach, Huntington Beach Irvine, Lake Forest and many more. WE are the preferred Graffiti Abatement Contractor for Orange County. Over the years we have provided the school districts of Tustin; Campbell; San Bernardino TUSD, LAUSD nd others with complete cleaning and gum removal as well as surface protection and solutions. Our extensive experience and references include the Santa Ana Police Department and Tustin Police Departments. Our current graffiti abatement contracts with the Cities of Anaheim, Irvine, Laguna Niguel, West Hollywood, Lake Forest, Duarte; Counties of Los Angeles and Orange are some of the largest contracts in the State, both in terms of money and amount of graffiti removed. We presently have a fleet of nearly 40 vehicles; pressure washers; trailer mounted units; Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 rideable vacuum auto scrubber and the Cyclone Cleaners CY5500; TR5500/210. We have the capability, experience and desire to continue providing the City of Santa Ana and its citizens with the best service possible for a reasonable price. Superior has provided the highest quality, pressure washing and graffiti abatement services for over two decades. Through the years Superior has received the experience necessary to complete any kind of job big or small. 4G Surface Guard 4G Surface Guard environmentally friendly preventive permanent surface protective coatings. Treated surfaces repel water, oil based contaminants and other stains - including graffiti! ITREATED SURFACES REDUCE COSTS • Surfaces are easier to clean • Consume less water with less damage to surfaces • Require less frequent cleaning • Take less time and labor to clean • No caustic chemicals needed • Invisible to the human eye • Environmentally safe, low VOC Equipment Superior takes pride in providing clients with the best service possible; to do so we maintain the best equipment for the job. We have a testing program to pursue alternative products, newer technology, and equipment. Superior has an ongoing maintenance program designed to maximize the safety and condition of all vehicles and equipment. We have the capability to respond quickly to any size job requested. Our pressure washers and water recovery systems can handle any size of job including cleaning the new Rams/Chargers SOFI Stadium. In addition to providing the best equipment and products in the industry, we want our TEAM to also be the best. Superior Graffiti Abatement crews are provided daily uniforms, high visibility safety vests and are required to wear safety work boots. Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 All potential new hires agree to a complete background check including criminal, driving records and physical, which are completed by an outside agency. Quick attack paint truck Standard truck equipped to move easily through traffic removing smaller r-dffiap size tags and a greater number of sites. This truck has multiple colors all in 2-gallon paint buckets; a small paint sprayer and chemicals for removing graffiti from signs, glass, and polls. • Paint truck Standard truck with an aluminum flatbed instead of the standard truck bed. The truck is equipped with a large airless paint sprayer; larger quantity of paint and capable of handling any size of tag and full alley tag removal. Paint truck wl Pressure washer Full size truck equipped :. includes a hot pressure re cove rylrecycling system. Pressure Washina Truck like the Standard truck, but also washer, water tank and a water This HD truck is equipped just for pressure washing. We usually run a two -person crew and we can handle any type of pressure washing required including sidewalks, walls, poles and sandblasting as needed. Custom designed by Superior with complete water recycling and recovering system. The purpose of using different types of truck configurations is to ensure we are as productive as possible. Over the years we have found in some areas it is much more effective have a crew be able to concentrate on just removing small tags and in other areas there are more tags on sidewalks or whole alleys needing to be sprayed. Every community is different, and we strive to be as effective as possible to maintain the zero - tolerance standard. c� SUPERIOR Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 Clean My Graffiti I Graffiti removal service in Southern California httpsWeleanmygraffiti.com -% Clean MyGralfitl rnav«.tpem Op,ovio-re(p-t, Q)I—iI—,k, Oabnieuc 4)Ag"h, How it Works Complete three simple steps and receive a free quote. To begin, sign in or create an account. Step 1: Location Provide exact address of graffiti to be removed, along with a description and details for our crew to locate the graffiti. Step 2: Submit Two Photos This is the fun part. Just snap a few photos and upload them directly to this app. Step 3: Request a Quote We'll review the information you submitted and get back to you quickly with a quote, You'll receive your quote by email. After approval, we will clean your property! It's that: simple! You can submit, approve, and receive a cleaning confirmation entirely on this app. Of course, we're also available by phone if you have any other questions. D«a)nEm6ope ID: ekD c3C &caD4BFbgDB@Io ke R D5 C/) W u � ry W � �.. z W � � � � CIO � � LL � � HIM I J H sz ry 0 � � V) W � � W � � z W �E W � � � 0 / \ / 2 E \ c 0 9 �\ \ _\ CT 0 2 � 2 \ \ : .. 2 0 0/ o u f Q u Q 0 4 2 Q \2 — g 0 c t \ 0 2 \ o / 0 > E § E § ± / / ® \ / / E 2 m 0 @ / 2 0 2 G a ) E 2\ \/ G b CL ) E o 0 ± / \ / } / � � - \ -0 _ \ 2 o e ° Q- 0 b / = 2 k \ § § 2 6 \ / * E 0 E e u U e o e o \ 2 3/ g 2 \ / ƒ / o o , / \ O f e f ) \ \ 0 \ § \ » \0\\ ƒ�\b @ \ E � Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 mm I—' z w w z a w z 2 a w 5: H a � m w a ❑ L O L a 0 MKO g ? Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 CPG Awa rw% P a I .fob iD Job Name Job Status Job Created By 37304 Graffiti Removal- Laguna Niguel Completed Juan Ortiz Company ID Company Address Contact ID Contact Contact Email Contact Mobile Contact Phone Number Project Id Project Name Project Owner Custom Fields Location Job Notes Photo Job Data Asset Percentage Received 63 Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 Job Data Prefered Start Time Prefered End Time Assigned To Juan Ortiz Assigned Time 2024-06-11 11:19:57 Assigned At 2024-06-11 11:20:07 Finished At 2024-06-11 11:29:17 Workflow Name Result Done At Confirm Arrival at location 2024-06-11 11:20:05 Work Order # Location 30041 Tessier St, Laguna Niguel, CA 92677, USA 2024-06-11 11:20:08 Confirm Address Take Photo (from: mobile) q-,L---(from: mobile) 2024-06-11 11:23:44 Service Pressure Washing 2024-06-11 11:29:06 Surface Sidewalk 2024-06-11 11:29:10 Color Sq. Ft. 7 2024-06-11 11:29:14 Customer Signature Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 Workflow Name Result Done At Complete Job 2024-06-11 11:29:17 Job Status Updated Updated On Status Message As Text By Date Time: 2024-06-11 11:29:18 2024-06-11 By: Juan Ortiz Completed Juan Ortiz 11:29:18 Type: Job Complete Message: Job 37304 has been set to completed By Juan Ortiz on 2024-06-11 11:29:18 Date Time: 2024-06-11 11:20'08 2024-06-11 By: Juan Ortiz In Progress Juan Ortiz 11:20:08 Type: Job InProgress Message: Job 37304 has been set to inprogress By Juan Ortiz on 2024-06-11 11:20:08 Date Time: 2024-06-11 11:20:07 2024-06-11 By: Juan Ortiz Assigned Juan Ortiz 11:20:07 Type: Job Assign Message: Job 37304 has been assigned By Juan Ortiz on 2024-06- 11 11:20:07 to Juan Ortiz Date Time: 2024-06-11 11:20:07 By: Juan Ortiz Unassigned Juan Ortiz 2024-06-11 Type: Job Unassign 11:20:07 Message: Job 37304 has been set to unassigned By Juan Ortiz on 2024-06-11 11:20:07 Take Photo Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 a�f�� [� . - \� & . r 2 a � �; «$ • z \� ��b\ ¥` J d �/ 22/ «�i � .-2 �JJ�§ � ; � : ? ^&� .� - // . 2.� :2, � »^| ~�\ ��: . , � . \m�� \ \� \!.. t���� � � 1 ?: d%� Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 QUESTIONNAIRE a. What makes your company the best company for this job? The Superior Team provides a level of service rarely found in this industry, just ask our clients. We pride ourselves on continuously improving our service by doing more than what's required. We enjoy being involved in the community and find ways to give back to the communities we serve. Orange County is our home, and we want to make OC GRAFFITI FREE. Why look to outside companies when you have the best graffiti abatement company right here! ✓ Superior Products ✓ Superior Equipment ✓ Superior Services b. What type of in-house training do you provide for your staff? Safety Training Safety starts with our continuous comprehensive extensive training program. We conduct monthly training meetings which include a discussion of any areas of concern or problem areas. Our get it Right First -Time approach is achieved with better trained team members. Superior supports the followingtrade associations: Power Washers of North America (PWNA) and the Greater Los Angeles chapter of Painting and Decorating Contractors of America (PDCA). We emphasis greater communication between crews; supervisors; and our quality assurance inspector. With better communication and ongoing inspections, we can deal with issues before they become problems. Each job is inspected weekly by our inspectors with a written report submitted to our supervisor and discussed with the technicians. If corrective actions are required, they are completed in a Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 timely manner and re -inspected before they can be signed off by our supervisors. Any complaints received are investigated by our inspectors and corrective measures are taken to avoid any further problems. All complaints must be resolved to the satisfaction of our supervisor, office manager and company owners within 48 hours or an approved written extension must be obtained. We make sure all phone calls, emails and/or written correspondence are responded to immediately. A major component of better communication is frequent and ongoing inspections. These inspections ensure quality of work being performed in each area and inspections of all vehicles' and equipment insures safety and ability to complete each job. Our quality assurance program has an emphasis on reporting and documentation. Recent relevant safety training obtained by the Senior Project Manager and Supervisors is summarized below. Mr. Bruneck is also a certified Hazmat trainer. Eton Bruneck, Superior Senior Project Manager: • 49 CFR 214 Part C: Roadway Worker Protection o Issued: October 29, 2022 o Training Duration: 2 Hours o Authorized Training Company: Rail Pros + 30-Hour OSHA Outreach Training General Industry o Issued:10/29/2022 o Training Duration: 30 Hours Nancy Hernandez, Superior Project Manager: • 49 CFR 214 Part C: Roadway Worker Protection o Issued: October 25, 2022 o Training Duration: 2 Hours o Authorized Training Company: Rail Pros Chris Bruneck, Superior Operations/Quality Control Supervisor: • 49 CFR 214 Part C: Roadway Worker Protection o Issued: October 25, 2022 o Training Duration: 2 Hours o Authorized Training Company: Rail Pros • 10-Hour OSHA Outreach Training General Industry o Issued:10/30/2022 o Training Duration: 10 Hours Jorge Garcia, Superior Field Supervisor: + 49 CFR 214 Part C: Roadway Wormer Protection o Issued: October 25, 2022 o Training Duration: 2 Hours o Authorized Training Company: Rail Pros Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 c. Who is responsible for training the graffiti removal workers and what type of training is provided and at what intervals? We conduct annual training for all employees, which includes OSHA Training. Roadway Safety Training; Defensive Driving Training; Public Awareness and Quality Control. We have monthly safety workshops and weekly tailgate safety meetings. All new employees go through two weeks of in- house training and then four weeks of field training with a supervisor. d. What is the address of the facility from which work crews will be assigned? 2181 S. Dupont Drive, Anaheim, CA e. What communication system do you use to communicate between field and office? Mobile phones f. Can your insurance and sureties broker provide you with the required rating and coverage? Specify the A.M. Best's rating (grade and class) of your current insurance(s) and sureties. Yes g. Can you provide proof of employee pay consistent with Davis -Bacon or State wages on a weekly basis in accordance with prevailing wage requirements? Yes h. Do you use and/or have access to Tracking Automated & Graffiti Reporting System (TAGRS) Yes we were one of the first to use TAGRS almost 20 years ago and still use it daily. We also use GeoPal (copy of report included), as well as our very own "clean my graffiti" work order management system. Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 Los Angeles County One Gateway Plaza 213,922.2000 Tel Metropolitan Transportation Authority Los Angeles, CA gooi2.2952 metromet Metro August 18, 2021 In May 2021, Metro awarded a contract to Strive Well -Being and Superior for graffiti survey and abatement services. We were seeking a qualified and experienced contractor that could utilize sand- blasting, chemical applications, and pressure washing for the removal of graffiti for all multi -level structures at the Union Station East Complex. Strive and Superior have upheld and continue to meet and exceed Metro's standards and requirements. Their experience is evident in their care to use the appropriate removal technique so as not to damage any surfaces, including glass, concrete, masonry, natural stone, stainless steel, painted metal, plastics, and wood. Strive is always available for open or emergency communication and Superior ensures that graffiti spotted during inspections or reported by Metro is removed within 24 hours. Their personnel are extremely vigilant in daily surveying and aware of potential hazards and their surroundings. I've been impressed with the emphasis Strive and Superior have put on the safety of their team and everyone around there. They're consistently outfitted with proper PPE and observing OSHA and Metro safety procedures. Compliance with Metro's environmental standards has also been consistently observed. They have demonstrated a competency and keen understanding of working in potentially hazardous environments serviced under this contract including the exposure to bus and automobile movements and building equipment. Due to consistent high quality of work, responsiveness, and emphasis on safety, my project team has been pleased with Strive and Superior's performance on this contract. We believe they would be able to meet and exceed expectations on other graffiti abatement contracts that may come their way. John Flores acilities Maintenae-S per isor NAPfrn rpinarnl RorviraG Sincerely, Metro, General Services 213-922- 2770 Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 F. a. Overall Understanding of required Services (40%) b. Relevant Experience (30%) c. price Table 1 (15%) d. Innovative and/or Creative Approach (15%) Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 SUPERIOR REFERENCES City of Anaheim Ms. Sandra Sagert 200 S. Anaheim Blvd., Suite 525 Anaheim, CA 92805 (714) 765-4413 2012 — Current Fiscal Year Graffiti Removal/Pressure Washing Job Description: Graffiti removal services by means of painting and pressure washing throughout the City of Anaheim, Anaheim is the largest city in Orange County. City of Cypress Mr. Casey Harpham 5285 Cypress St. Cypress, CA 90630 (714) 229-6760 Current Fiscal Year Graffiti Removal/Pressure Washing Job Description: Graffiti removal services by means of painting and pressure washing throughout the City of Cypress. City of Huntington Beach Mr. Kevin Dupras 2000 Main St. Huntington Beach, CA 92648 (714) 375-5035 2022— Current Fiscal Year Graffiti Removal/Pressure Washing Job Description: Graffiti removal services by means of painting and pressure washing throughout the City of Huntington Beach City of Newport Beach Mr. Craig Auger 949 W. 161h St Newport Beach, CA 92663 (949) 718-3481 2022— Current Fiscal Year Graffiti Renzoval/Pressure Washing Job Description: Graffiti removal services by means of painting and pressure washing throughout the City of Newport Beach Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 City of Lake Forest Ms. Peggy Samantha 100 Civic Center Drive Lake Forest, CA 92630 (949) 461-3493 2013— Current Fiscal Year Graffiti Removal/Pressure Washing Job Description: Graffiti removal services and pressure washing service to various parks and city facilities. City of Laguna Niguel Mr. Jay Sarrami 30111 Crown Valley Parkway Laguna Niguel, CA 92677 (949) 795-1027 2020— Current Fiscal Year Graffiti Removal/Pressure Washing Job Description: Graffiti removal services and pressure washing service to various parks and city facilities. City of Irvine Mr. Kenneth Addie 1 Civic Center Irvine, CA 92606 (949) 724-7702 2015— Current Fiscal Year Graffiti Removal/Pressure Washing Job Description: Graffiti removal services by means of painting and pressure washing throughout the City of Irvine City of Santa Ana Mr. Kevin Eaton P.O. Box 1988 Santa Ana, CA 92702 (714) 571-4223 2012 Current Fiscal Year Pressure Washing/Sidewalk Cleaning/Sweeping Job Description: Weekly cleaning of downtown/city hall areas around Orange County Superior Court. Combination of pressure washing services; Cyclone Cleaning and M-20 sweeper. As a result of the increase homeless population Hazmat training required. Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 Additional References City of Duarte Gerard Batista 626-357-7931 County of Orange Carl Reed 714-448-4824 SUPERIOR Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 Experience/Client References (Partial list) County of Los Angeles 1997 ---Current Fiscal Year Graffiti Abatement County of Orange 2008—Current Fiscal Year Graffiti Abatement City of West Covina 2008-2011 Graffiti Abatement City of West Hollywood 2009—Current Fiscal Year Sidewalk Cleaning City of Lake Forest City of Irvine 2014 --- Current Fiscal Year 2014 — Current Fiscal Year Graffiti Abatement & Pressure Washing Graffiti Abatement City of Laguna Niguel 2014 — Current Fiscal Year Graffiti Abatement City of Colton 2006 — 2009 Graffiti Abatement City of Orange 2010 — Current Fiscal Year Graffiti Abatement City of Coachella 2010 Graffiti Abatement City of Cypress Graffiti Abatement 2017 City of Simi Valley 2010---Current Fiscal Year Graffiti Abatement City of Santa Ana (Police Department) 2004 — 2008 Pressure Washing Santa Ana Chamber of Commerce Business Reference County of Orange Parks & Trails Downtown Long Beach Assoc. 2010 Bike Trail Clean up City of Seal Beach 2010 Sidewalk Cleaning California State Sacramento University of Irvine Los Angeles Federal Building Riverside Transit Authority 2014 Sidewalk Cleaning Santa Ana Chamber of Commerce Business Reference University California Los Angeles Campbell School District Riverside County OC Head Start Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 Section B Proposal Graffiti Abatement Services Name of Proposer: Superior Property Services, Inc. Business Address: 2181 S. Dupont Dr., Anaheim, GA 92806 Phone Number: (714) 285-1200 The work to be done is shown in the specifications entitled: Graffiti Abatement Services Said plans and specifications are on file in the office of the Community Development Director, Tustin, California. To the City of Tustin, The undersigned, as proposer, declares that the only persons or parties interested in the proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm or corporation; that the proposer has carefully examined the location of the proposed work, the annexed proposed form of the contract, and the plans therein referred to; and the proposer proposes and agrees if this proposal is accepted, that the proposer will contract with the City of Tustin, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all work and furnish all materials specified in the contract, in the manner and time prescribed, and according to the requirements as therein set forth, and that the proposer will take fall payment therefore at the following unit prices, to -wit: City of Tustin RFP -- Graffiti Removal Services 8 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 Proposal for Graffiti Abatement Services Table I ITEM NO. CONTRACT ITEM DESCRIPTION ESTIMATED QUANTITY (JOBS)* UNIT PRICE TOTAL PRICE 1. Paint — Light Color Base 3,000 $ 43.00 $ 64, 500.00 2. Paint — Deep Color Base $ 45.00 $ 67,500.00 3. ** Water/Sand Blast 250 $ 48.75 $ 12,187.50 4. ** Chemical Removal 750 $ 39.25 $ 29,437.50 TOTAL CONTRACT PRICE $ 173,625.00 * "Job" shall mean 100 square feet of painting or 40 square feet of water/sandblasting or chemical removal ** City Authorization Required CITY OF TUSTIN The undersigned understands that the foregoing quantities are approximate only, being given as a basis for the comparison of proposals and the City of Tustin does not, expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable and in the best interests of the City by the Community Development Director. In case of discrepancy between the unit price and the total amount for a contract item, the unit price shall prevail. The basis for determining the low proposal shall be by correctly multiplying the number of units by the unit price proposal to calculate a total amount for each contract item and obtaining a total proposal by correctly adding together all contract item total amounts. If a unit price is not legible or is missing, the total amount for the contract item shall be divided by the approximate quantity of units to arrive at the unit price proposal. If both the unit price and total amount for a contract item are left blank, then the entire proposal shall be rejected. If this proposal shall be accepted and the undersigned shall fail to enter into the contract and to furnish the two (2) bonds in the amounts required, with surety satisfactory to the City of Tustin, and the required Certificate of Insurance with endorsements within ten (10) days, not including Saturdays, Sundays and legal holidays, after the date of the Notice of Award from the Community Development Director, the City of Tustin may, at its option, determine that the proposer has abandoned the contract, and thereupon this proposal and the acceptance thereof shall City of Tustin RFP — Graffiti Removal Services 9 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 be null and void, and the forfeiture of such security accompanying this proposal shall operate and the same shall be the property of the City of Tustin. The undersigned proposer hereby acknowledges that he/she understands the bonding requirements of the City of Tustin, which, per City Code, states that the surety company must be duly authorized to issue such bonds or insurance in the State California. The Certificate of Insurance with endorsements must be with a company of A.M. Best's Key Rating of Grade A and Class VII (seven) or better with an Admitted Insurer, or Grade A- or better and Class X (ten) or better with a Surplus Line Broker. Workcrs' compensation insurance with a company of A.M. Best's Key Rating of Grade B- or better and Class VII (seven) or better, or offered by State Compensation Fund, is acceptable. Contractor shall provide to the City within ten (10) working days after the date of notice of award of contract the aforementioned insurance certificate(s) with endorsements which must meet the requirements of the specifications and comply with the contract documents. Failure to comply with this requirement will result in annulment of the award, forfeiture of the proposal guarantee and City will pursue award to the next qualified responsive proposer. Contractor is advised that insurance requirements are nonnegotiable and City will not consider waiving insurance requirements. There are no exceptions. ACCOMPANYING THIS PROPOSAL IS NIA (NOTICE: Insert the words "Cash ($ )", "Cashier's Check", "Certified Check", or "Proposer's Bond", as the case may be in the amount equal to at least ten (10) percent of the total proposal.) The names of all persons interested in the foregoing proposal as principals are as follows: Ron Brunec€c, President Nancy Hernandez, Vice President City of Tustin RFP — Graffiti Removal Services 10 1 P a g c Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 IMPORTANT NOTICE: If the proposer or other interested person is a corporation, state legal name of corporation and names of the president, secretary, treasurer, and manager thereof; if a co- partnership, state true name of firm and names of all individual co-partners composing firm; if the proposer or other interested person is an individual, state first and last names in full. Ron Bruneck, President Nancy Hernandez, Vice President Signed: Title: President Date: June 21, 2024 NOTE: If the proposer is a corporation, the legal name of the corporation shall be set forth above, together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if the proposer is a co -partnership the true name of the firm shall be set forth above, together with the signature of the partner or partners authorized to sign contracts on behalf of the co -partnership; and if the proposer is an individual, his signature shall be placed above. If signature is by an agent, other than an officer of a corporation or a member of a co -partnership, a Power of Attorney must be on file with the City of Tustin prior to the opening of proposals or submitted with the proposal; otherwise, the proposal will be disregarded as irregular and unauthorized. Business Address 2181 S. Dupont Dr., Anaheim, CA 92806 Proposer shall list the name and address of the place of business of each subcontractor required to be listed by Section 4100 et seq., of the California Public Contract Code which requires that a proposer must list the name and location of the place of business of each subcontractor who the proposer intends to have perform work in excess of one-half (1/2) of one (1) percent of the proposers' total proposal amount. City of Tustin RFP — Graffiti Removal Services 111 P a g c Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 Name, Address & Telephone Number LIST OF SUBCONTRACTORS - NIA Type of Work Percentage of Work City of Tustin RFP — Graffiti Removal Services 12 1 P a g c Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 REFERENCES - SEE ATTACHMENT The following are the names, addresses, and phone numbers for five (5) public agencies for which PROPOSER has performed similar work within the past three (3) years: City of Tustin RFP -- Graffiti Removal Services 13 1 Pa g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 QUALIFICATION STATEMENT The Undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter (attach additional paper as needed). CORPORATION M/ SUBMITTED BY: Superior Property Services, Inc. NAME: Ron Bruneck PARTNERSHIP ❑ ADDRESS: 2181 S. Dupont Dr., Anaheim, CA 92806 INDIVIDUAL ❑ PRINCIPAL OFFICE: Same as above OTHER ❑ REQUIREMENTS The following is to be included with the proposal: Please fill out the following information on a separate document. 1. References: Proposer must submit a list of five (5) references comprised of cities and public services that is similar in scope that have been provided in the last three (3) years. References - Name and location of each reference - Name and phone number of contact person (familiar with project) - Contract amount - Scope of work with proposal item amounts Submit a summary of all claims made in the last five (5) vears on the aforementioned oroieets: Name of claimant Amount of claim Nature of claim Final status of claim 2. Resume of type of work in which your firm possesses experience. - How many years has your company been in business? - Number of years your company has provided graffiti abatement services? - Number of years' company has provided graffiti abatement services for public agencies City of Tustin RFP — Graffiti Removal Services 14 I P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 3. Description of Your Organization - Under what other or former name(s) has your organization done business? Graffiti Solutions - How many years has your organization been in business under its present business name? 27 years - If a corporation, answer the following; o Date of incorporation: 09/1997 o State of incorporation: California o President's name: Ron Bruneck o Vice -President's name(s): Nancy Hernandez o Secretary's name: Ron Bruneck o Treasure's name: Ron Bruneck - If an individual or a partnership answer the following: o Date of organization: o Name and address of all partners (state whether general or limited partnerships - If other than a corporation or partnership, describe the organization and principals. - List states and categories in which your organization is legally qualified to do business. Indicate registration or license numbers if applicable. List states in which partnership or trade name is filed. California - Describe the work your organization normally performs with its own forces: - Have you ever failed to complete any work awarded to you? If so, note when, where and why: NONE - Within the last five (5) years, has any officer or partner of your organization ever been an officer or partner of another organization when it failed to complete a construction contract? If so, attach a separate sheet of explanation. No City of Tustin RFP -- Graffiti Removal Services 15 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 - What is your company's plan to insure compliance with the contract specifications and insure quality work? List the types of primary vehicles/equipment and number of each to be assigned to this contract - Please note any equipment which will also be used on another contract List the back-up equipment assigned to this contract to assure no production interpretation. Personnel - Provide the number of employees committed to graffiti abatement services. - Provide the total number of employees to be assigned to this contract. - Who will be the contractor's representative with the City? - What is his/her background? - What is his/her education? Contractors Name: Superior Property Services, Inc. Signed by: Title: President City of Tustin RFP — Graffiti Removal Services 16 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 QUESTIONNAIRE SEE ATTACHMENT Please answer the following questions in detail: a. What makes your company the best company for this job? b, What type of in-house training do you provide for your staff? c. Who is responsible for training the graffiti removal workers and what type of training is provided and at what intervals? d. What is the address of the facility from which work crews will be assigned? c. What communication system do you use to communicate between field and office? £ Can your insurance and sureties broker provide you with the required rating and coverage? Specify the A.M. Best's rating (grade and class) of your current insurance(s) and sureties. g. Can you provide proof of employee pay consistent with Davis -Bacon or State wages on a weekly basis in accordance with prevailing wage requirements? h. Do you use and/or have access to Tracking Automated & Graffiti Reporting System (TAGRS) City of Tustin RFP Graffiti Removal Services 17 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 For the Performance of: Graffiti Abatement Services NOW, THEREFORE, if the aforesaid Principal is awarded the contract; and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form in accordance with the proposal, and files two (2) bonds satisfactory to the City, one (1) to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue. In the event suit is brought upon this bond by the Obligee and judgment is recovered, the surety shall pay all costs incurred by the Obligee in such suit, including a reasonable attorney's fee to be fixed by the court. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of j v f" �` A.D., 20 (Seal) (Seal) A164 nuf (Seal) Principal (Seal) (Seal) Seal) Surety ADDRESS: 2-/ 0/ s. D r. -laG els7. GA 92eL,526 Note: Attach proper Notary Acknowledgment for signature of authorized person (Use copy of blank form provided in this section.) City of Tustin RFP — Graffiti Removal Services 18 1 P a g c Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ()fok4q On 0(n /ui l ZOz-q. before me, 'L� d J�-ry c,I ( T L, Date ` Here Insert Name and Title of the Officer personally appeared �If j�- 1V11e_&- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. PIAZZA AN)TARY PUBLIC -CALIFORNIA CONftv11SSION # 2415483 � F ORANGE COUNTY tl Signature a ' Y COMM. Exp. September 6, 2026 SigZWe of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 NON -COLLUSION AFFIDAVIT TO THE CITY OF TUSTIN: The undersigned in submitting this proposal for performing, by contract, the work required by these proposal documents, being duly sworn, deposes and says: That she/he has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive proposing in connection with this contract. Signed: Title: President Firm Naine: Superior Property Services, Inc. Note: Non -Collusion Affidavit to be submitted with Proposal. Attach proper notary acknowledgment for signature of authorized person. (Use copy of blank form provided in this section.) City of Tustin RFP — Graffiti Removal Sei vices 19 1 Page Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) The undersigned declares that he or she is: Ron Bruneck (Party making foregoing proposal) 2. a of Superior Property Services, Inc, (hereinafter the "Proposer") Proposer's Contractors License Number is as follows: 835687 . Classification; C33, C61/D38 The expiration date of Proposer's Contractor's License is April 30 20 26 Proposer acknowledges that Section 7028.15(a) of the Business and Professions Code provides as follows: "It is a misdemeanor for any person to submit a proposal to a public agency in order to engage in the business or act in the capacity of a Contractor within this state without having a license therefor, except" as provided in the referenced section. Executed on V 0 M F , 20� at , s %11- C "' ' (Insert Ci & State where declaration is signed) ` ignature Ron Bruneck Typed Name President Title Superior Property Services, Inc. Naive of Proposer THIS FORM MUST BE COMPLETED, SIGNED AND SUBMITTED WITH THE PROPOSAL (EXCEPT FOR FEDERALLY -FUNDED STATE PROJECTS) City of Tustin RFP — Graffiti Removal Services 20 1 P a g e Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California ) County of Orange } SS City of Tustin ) On this Zi day of ��4�r✓ 20 SAA , before me;,S, {`�V Notary Public, personally appeared zit �r� ei - -- —✓ who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my hand and official seal. NOTARY SEAL �_ • d. PI;! 7A ROTARY PUBLIC -CALIFORNIA COMMISSION # 2415083 2 ORANGE COUNTY My Comm. Exp, September 9 2028 CAPACITY CLAIMED BY SIGNER: Individual(s) II Corporate II Officers Title(s) Partner(s) II General Partner of a Limited Partnership Attorney -in -Fact Trustee (s) Subscribing Witness Guardian/Conservator Other: Witness my hand and official seal. Awl gnature of Not SIGNER IS REPRESENTING: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW: TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES: DATE OF DOCUMENT: SIGNER (S) OTHER THAN NAMED ABOVE: City of Tustin RFP --- Graffiti Removal Sei vices 21 I P a g c Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 +-1 v E 0- 0 N v 00 co _ N U E Ea-+ O U O >� L O U E 4J � L � v u O O om m .N 00 + �� H O d Lu H Z w U 0 LU N Z N O� d � V) W LL U N Z O N N O V) z d LL LLJ Z w H LL LL Q (7 Z Q CIO a) C V)C Q O O N 0- 9 O Ln � N v 4--+ L r � N v U N O Z — N � � N N Z L1J Q) z v J m W 0 Q 4J, LU c 0 (L) t�: LL (D Ln + z o (D O Q � v � w L E L U D cB w E N N N O M O f6 00 0 L.n O v (D Ln O 0000 A-1 4-1 toC O O= rq Q) Q U Q a U a 10 �: z cn WE r- Ln O c-I N O N N C Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 Q 0 w w U O 0 O a w Z w U O 0 w Ln z O d In W U z w U) d w N z r-1 z W i O d LL ry- W Q N N O z o Q z m LL n LE Q W _ � � Q LL z z z O O U I-- Q N Q W z LLJ r) Q L r4 v Ln W J m Q W U_ d 0 0 0 0 • o 0 r-i ri 00 00 V'�- V)- • o 0 Ln Ln o o v a, v a v Q M �a w Z Z • tT' s' in C in C O .m o .m 0 0_ (D Q • 0 0 0 0 -1 r v a, m m m m O O O O U U Y a bA ci � O Y c Y c a m rl cV V) w _U LU � N O a w � a z W LL — a U cr O (D 0 w O N LL Z a Q W 0� Z U UO z ,L N w 0 N 0� a L Q W H ' Z W v� H Q E O Q � Of 0 z v— Q v N m v Of v � � o_ Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 O d W Z LU U O 0 w V) z O o_ N Lu U z w U) d w Z W F- L.L LL Q z Q m w Q O N C W O w U O 0 N 0- LL N N O N 0 z o_ LL 0 ' O Ln ro V)- 0 O Lr 0 0 O o N O O Ln Ln ui L) tlA O 1� O > r O v C: v O L — ru a) Q 7 N L u .V Q L L K U O LO O Ln N I� +� �n > > O 00 E c N cr L u UC C N U m KtF- J O N w _U LU w H N O w a � a z w LL LL � a U � O (D 0 oc� w O L) LL z � O QU Ln of� w z O U U z LL N w 0 d LU Q W H z W v O I— Q E O Q � L z v� Q v m m � v 6 OU � v � � O_ Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 "I GRAFFITI ENTERPR15r"" Taking Pride In Our Communities Anb'LL� 7�] 7 CITY OF TUSTI N GRAFFITI REMOVAL SERVICES J U N E 24, 2024 Submitted by: Urban Graffiti Enterprises Inc. 1280 Mountain View Circle Azusa, CA. 91702 (626) 815-4900 Fax (626) 815-4499 Info@urbangraffiti.com Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 CITY OF TUSTIN GRAFFITI REMOVAL SERVICES Table of Contents COVER LETTER AND COMPANY INTRODUCTION Transmittal Letter -------------------- Company History ------------------- Experience -------------------------- Proposed Staff/Key Personnel -- Work Plan ----------------------------- Transportation and Equipment -- Hiring and Training ----------------- Safety Program ---------------------- Quality Control Program ---------- Additional Features ----------------- PROPOSAL FORMS Proposal B Proposal ------ Price Sheet ------------------ List of Subcoontractors List of References ---- Qualification Statement ----- Questionnaire --------------------------- Bid Bond — Cashier's Check--------- Non-Collusion Affidavit — Notarized Contractor's License Declaration -- ATTACHMENTS Contractor's License ----- 16 ----- 17-19 ----- 20 ---- 21-22 ----- 23-25 ----- 26 ------ 27-28 ------ 29-30 ------- 31 ------- 33 1 2 3 4 5-7 8 9 10-11 12-13 14-15 Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 RBgIV GRAFFITI FI�TERPR�S�s1� Jahing 3" A U`we eammuF Ukj P.O. Box 2383 Covina, CA 91722 PH (626) 815-4900 FX (626) 815-4499 juanr@urbangraffiti.com June 24,2024 Adrianne DiLeva Community Development Department City of Tustin 300 Centennial Way Tustin, CA 92780 Subject: Graffiti Abatement Services Proposal Ms. DiLeva, I hereby declare that I am duly authorized to sign for and bind Urban Graffiti Enterprises Inc. to the City of Tustin. I further state that this proposal contemplates full compliance with all the specifications detailed in the city's Request for Proposal and that no addendums were received. Urban Graffiti Enterprises Inc. is very aware of how important it is to keep the city graffiti free, not only for aesthetics but also for the safety and morale of its residents and visitors. Graffiti has the unique characteristic of being a visual type of crime. Left unchallenged or poorly eradicated, it can give the impression of a community in despair. That can reflect on everyone from the crews responsible for its removal, to the city department and staff responsible for the program, to the city's elected officials. Therefore, we go to great lengths to ensure quality and professionalism with all our services. I fully understand the goals and objectives of this agreement and guarantee that this proposal meets all the requirements stated in the RFP. As a company, we have dedicated ourselves to providing the best service possible, using the most efficient and cost-effective methods of eradication. That coupled with our incessant endeavor for perfection in professionalism and workmanship makes us stand out from the rest. We bring to the table, unprecedented experience, innovation and creativity with processes such as, on -site color matching, our exclusive, proprietary mobile phone app assisted graffiti and service tracking and reporting system that automatically routes service requests to the assigned crew(s) and provides live status reports of all pending and completed work. With our extensive experience successfully servicing the city since, 2019. We are uniquely qualified to not only meet but in fact exceed the city's expectations as we have done so for the past 5 years. If you have any questions about our proposal, please feel free to call me at (626)815-4900. Respectfully, Juan Reinoso President Urban Graffiti Enterprises Inc. PG1 Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 COMPANY HISTORY Urban Graffiti Enterprise, Inc. was founded by Juan Reinoso in 1990 as a sole proprietorship. On May of 2000 we incorporated as Urban Graffiti Enterprises Inc. (UGE Inc.). Our founder's experience in the public agency services industry can verifiably be dated as far back as the mid-1980s, under the employment of Graffiti Removal Inc., the true pioneers of the graffiti removal industry. While under their employment, Juan personally performed each one of the tasks required to service the various contracts he eventually came to oversee and manage. As far back as 40 years ago he began honing his skills removing graffiti and steam cleaning sidewalks, parkways, and courts throughout the tri-county area, developing and perfecting many of the processes and procedures still in use today. As President, Juan continues to be an integral part of the company's continuous evolution. UGE, Inc. began its municipal graffiti removal services department in 1990 with the City of San Fernando which then expanded to include the maintenance of the city's parks and the city's retail corridor. Those additional services consisted of litter pick up, weed abatement and sidewalk steam cleaning. In the early part of 1992, our services expanded to steam cleaning, pressure washing and trash collection, with the award of the City of West Hollywood's Santa Monica Blvd. and Sunset Blvd. sidewalk, bus stop and decorative street light maintenance contract maintenance. Thereafter we've been awarded numerous bush shelters, debris removal and park maintenance projects through various private and public agencies. By 2002 we realized the need for tracking vandalism trends to dispatch our resources more efficiently, so we ventured into incorporating an IT element into our services. That decision led to the development of GRAF; our proprietary mobile device supported web -based Graffiti Reporting And Follow-up system. To date we have been awarded hundreds of public agency projects, ranging from $12,000 to over $1,000,000 each, annually and countless private entity projects. UGE has been providing graffiti removal, steam cleaning/pressure washing, weed abatement and litter/bulky item removal for over 34 years. The range of our services, like our experience, is vast. From the very beginning our goal has been to provide exceptional, innovative service, taking pride in our workmanship and staying abreast of the latest in environmentally friendly and efficient technologies. Our innovation began with being the first and still the only graffiti removal services contractor who provides custom color matching. We are the only company that trains all their graffiti service techs the skill of on -site color matching by eye, without the need of color matching hardware or software (spectrophotometers) that at best are only as accurate as the lighting or surface conditions allow them to be. Although our company president was instrumental in the early development of such technologies and equipment our extensive experience has taught us that it is cost prohibitive to provide each Field Tech a multi -thousand -dollar piece of equipment that in spite of its latest developments, cannot compete with a well -trained technician. Our innovation continued with industry firsts such as: • First and still the only company that trains all their graffiti techs the skill of on -site color matching. • First to introduce zero tolerance graffiti abatement and control programs. • First to offer sacrificial and non -sacrificial coatings. • First to introduce flat monthly invoicing. • First to log every site serviced with before and after digital pictures. • First with community outreach programs. • First with 1 hr. response times for service requests, seven days a week. • First to provide zero discharge wastewater reclamation and recycling. • First to provide service request reporting via the web and mobile devices. • First to implement data logging and tracking for apprehension and restitution purposes. • First with proactive graffiti control and prevention solutions. • First with an in-house Quality Control Department. • First to offer tagger arrest reward program. • First to offer mobile phone app assisted graffiti reporting. For over 34 years we've been at the forefront of these services, and it is our goal and commitment to continue on our quest for excellence. Although we started primarily as a graffiti removal and steam cleaning business, as of 1992, our services expanded to include public transit (bus stop/rail station) maintenance, lot and alley maintenance, litter/debris removal, weed abatement, parking lot sweeping, channel clearing and parks maintenance services. PG2 Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 EXPERIENCE UGE Inc. has been providing maintenance solutions to over 30 public agencies throughout southern California for almost three decades. Our company's experience and capability are undeniable in the industry. We have undertaken and succeeded in completing intimidating projects other contractors have shied away from. It was our company who took on LA County's Florence/Firestone South Central pilot project in the early 90s. And although it took unprecedented effort on our part to bring the rampant blight problem under control and for the first 6 months we operated at a loss, we stuck to our agreement and completed the 8-month project to the amazement of the Project Manager and then County Supervisor Gloria Molina. Needless to say, after the pilot program, we went on servicing that area for over ten years and have continued servicing many other high incidence areas for LA County ever since. In addition to the aforementioned, we were the only company that dared to take on what by all accounts was the overwhelming undertaking of the City of Compton's graffiti problem in the mid 2000's. Such was the task at hand that our usual competition refused to bid on the project. Regardless of the odds bet against us, we quickly and assertively brought that graffiti problem under control. UGE Inc.'s founder and current President has always been a constant and intricate part of our development and continually challenges our staff into finding better ways to service our clients while still maintaining the level of quality we've become known for. Because of that, our staff continually researches new products and procedures for efficiency and cost effectiveness. That practice has kept us at the cutting edge of the latest technology. Our staff has been instrumental in the development of new equipment and/or procedures such as: spectrophotometer color matching (portable computer color matching), bicarbonate soda blasting, crushed nutshell blasting, sacrificial/non-sacrificial coatings, and even laser technology. In fact, graffiti removal and pressure washing procedures still utilized to date were developed and/or perfected by two members currently on our staff, over 29 years ago. Furthermore, we have been instrumental in the indoctrination of anti -graffiti ordinances. Our firm was responsible for the adoption of a more cost-effective Pricing Structure now employed by most local cities contracting these services out. We have always strived for excellence, and our multiple -year municipal and county contracts are proof positive of our success. Since our reputation rides on the success of each project we undertake. We don't attempt to acquire as many projects as possible, without regard to quality and professionalism. Our only aim is to procure those in which the awarding agency or entity is serious about a successful program. By being selective we can render exceptional service matched by no other contractor. We take pride in the partnership of trust developed with each agency we work with and have set unprecedented standards, still unsurpassed by our competition. Our philosophy is simple "Let UGE take it off your hands" Due to the long list of both local, county and state contracts we've serviced, our staff is well versed in the procedures and requirements of the various funding sources for these projects. We've had extensive experience with CDBG reporting requirements and other public agency Living Wage Ordinance requirements. PG3 Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 PROPOSED ADMINISTRATIVE AND KEY STAFF President Over 40 years in the public agency services industry. Instrumental Juan Reinoso in the early development of processes widely used in the industry today, such as on -site color matching, non-abrasive blasting systems, computer color matching, and sacrificial/non-sacrificial coatings, graffiti data logging and tracking, graffiti analytical services. He has developed and implemented many programs for graffiti removal, control, and tracking. Directly involved with every facet of the various contracts and programs currently on hand. Administrative Manager Over 26 years of accredited business management 26 in the public Maria Gutierrez agency services sector. Responsible for training, enforcing and the continual updating of our Injury and Illness Prevention Program, Hazardous Materials Communication Programs NPDES and all applicable BMP's. In charge of development and implementation of all Federal, State and County safety programs. Payroll, billing procedures and Contract Management. She will be the contract administrator for this project. Field Operations / Contract Mqr. Over 15 years of public agency contract administration experience. Her duties consist of serving as liaison between our Siannah Sandoval company and the city's Program Manager, daily management of the project and continual review and adjustment of the program to accommodate needed or required modifications. She is also responsible for maintaining overall efficiency and accountability of proposed resources/staff. If awarded, she will continue to manage this project with the same level of care and attention as she has for the for the past 4 years. Field Operations/Contract Responsible for immediate fielding of service requests and assists Manager Assistant with the day-to-day staff and city personnel communication as Vanessa Casarez needed. Maintenance of all record keeping such as data entry, reports and quality control for the city of Tustin. She will assist the Contract Manger with anything relating to this project. Field Technicians Fully trained and qualified field service technician responsible for Porfirio Rodrigquez performing the agreement tasks within the contract service areas. Trained and certified in the use of their equipment, and procedures such as; on -site color matching, high pressure washing, sand/soda blasting, proper handling and application of solvents and sacrificial coatings and incident reporting techniques such as smart phone apps and requirements. Will use TAGRS as required by the RFP. Porfirio has been working on this project from the beginning and will continue to be the Field Tech for this project if awarded. Quality Control Inspector 1 field inspector fully trained and qualified to survey, log and report Marc Craft on the level of service being provided by our Field Technicians. He will report to the QC Manager issues to be addressed. Field and support staff listed may differ upon contract award and/or change throughout the term of the agreement. PG4 Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 GRAFFITI ABATEMENT SERVICES WORK PLAN After careful assessment of the scope of work detailed in the city's bid specifications, stats provided and after thoroughly surveying the city, we propose a simple, yet all-inclusive, flexible approach that we feel will not only meet but exceed the city's goals and expectations at a very competitive rate. Our straight forward, yet thorough area specific work plans have proven to be very effective in not only quickly bringing graffiti under control but also maintaining it under control through its fluctuations. We have implemented these same strategies in various communities throughout southern California with much success. By removing graffiti as promptly as possible and keeping it down, the glorification taggers feel, is assertively diminished and their hold on the community is quickly diminished. Based on the size of the city and the stats provided, we propose the following: Minimum Proposed Staffing (further detailed below) (1) On -call Field Tech 5-days per week, with a fully self-contained service vehicle, capable of eradicating graffiti from any type of service (more upon workload & demand). (1) Designated Contract Manager available 7-days per week. (1) Quality Control Inspector Service Guidelines Upon arrival to the city, the Field Tech(s) will begin his day by addressing any pending service requests. Thereafter he will proceed to survey the city's main thoroughfares and known hot spots for proactive graffiti removal. Graffiti requiring painting, noticed by our Field Tech(s) while surveying will be eradicated upon sight. Graffiti requiring pressure washing/media blasting or chemical treatment will be reported to the city's Program Manager via our web -based graffiti reporting, tracking and follow-up with a picture for approval before eradication. Because graffiti on thoroughfares is the most visible to the public and the image of the community is primarily judged by their condition, every effort will be made by our Field Tech(s) to patrol the thoroughfares daily. The thoroughfares subject to these patrols are: City's Main Thoroughfares • 171h St. 0 Red Hill Ave. • Irvine Blvd. 0 Jamboree Rd. • 1StSt. 0 Edinger Ave. • Newport Ave. 0 Warner Ave. The Field Tech(s) shall prioritize their services as follows: • City Program Manager requests. • Major thoroughfares. • Established hotspots or sensitive areas. • School Zones. Due to the fact that these areas are susceptible to higher than normal incident rate and because of the importance of maintaining safe school corridors, special attention will be given to these areas while in route to and from service requests. • Residential streets. • Alleys. A zero -tolerance approach shall be taken by our field staff in order to maintain the above listed areas, properties and/or surfaces graffiti free for the term of the contract. Any graffiti noticed by our Field Techs shall be reported to the city's Program Manager via GRAF. Furthermore, any locations reported by or before 1:OOPM by the city's Program Manager shall be serviced the same day during on -site service hours otherwise by the next scheduled service day. All of our Field Techs are equipped with smart phones capable of immediately receiving service request directly from our Graffiti Reporting And Follow-up (GRAF) system which seamlessly integrates with TAGRS (Please see Graffiti Reporting and Tracking). Any vulgar, obscene, racial or inflammatory graffiti reported to our office or field supervisor, shall be removed within one hour during normal on -site service hours, otherwise within 24 hours. In addition, upon servicing any site, our Field Tech will make every attempt to repair and uniform any patchwork. Affected areas not able to be serviced because of circumstances out of our control shall be reported to the City's Project Manager immediately. PG5 Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 Eradication Procedures We hereby attest that as a minimum, we will adhere to the following, surface specific graffiti eradication procedures: Concrete/block, brick walls — If natural will be pressure washed/media blasted or color matched and painted over if previously painted. Sidewalks — Will be blocked off as needed and pressure washed/media blasted. Curbs — Unpainted curbs will be painted using a closely matching concrete color. Painted curbs will be painted using the standard County Public Works approved color. Galvanized chain link fencing — Shall be painted using a galvanized color or other closely matching color. Pedestrian bridges/underpasses — Vertical surfaces shall be painted using a closely matching color taking care that the floor surface is not over sprayed. In the instance that the floor surface has to be treated, it will be pressure washed/media blasted if natural or painted over with a closely matching color with an abrasive additive in order not to compromise its traction characteristics. Concrete light poles — Unpainted concrete light poles will only be pressure washed or media blasted if unpainted. Previously painted light poles will be evaluated and where applicable and feasible an attempt to remove all previous paint will be made, in order to bring it back to its natural stage. Wooden utility/light poles — These poles will be painted over using a closely matching color. Any signs, stickers, slap tags shall be removed. Bus Stops — Bus stop surfaces shall be treated according to their composition. Painted surfaces will painted over, non -porous surfaces will be treated using an EPA approved solvent and any porous (natural) surface will be pressure washed/media blasted. Wood fencing — Previously painted wood fencing will be painted using a color matched paint or pressure washed if unpainted. Metal surfaces including traffic/light poles — All previously painted metal surfaces will be color matched a painted over. Bare or natural metal surfaces will be treated using an EPA approved solvent or pressure washed if necessary. Asphalt — Affected asphalt surfaces will be treated using a light mist of diluted matching paint with an abrasive additive so as to not compromise the surface's traction characteristics. Glass/windows — All glass (excluding etched glass) will be treated using an EPA approved solvent. Trees and Palms — Depending on the type of bark the tree has, vandalized trees/palms will be treated with either a pressure washer at low pressure with a wide tipped nozzle to avoid damaging the tree or by applying a light mist of watered down non-phytotoxic paint. Every attempt will be made to successfully remove any previous paint and/or graffiti from the tree's surface but never at the cost of the tree's protective bark surface. Any deviation from the processes herein detailed will be run by the City's Program Manager before any changes are implemented. Furthermore, UGE Inc's personnel, perform all duties in a courteous and efficient manner, in accordance with accepted professional standards, without causing damage or injury to any person or property. Great care is taken to ensure the protection of property such as, vehicles, windows, shrubbery, walkways, etc. from any residue like paint overspray, sand, etc. Methods employed to protect such property may include but not be limited to; drop cloths, plastic sheeting, or scheduling the job for a more opportune time. In some instances, and only when necessary, the contractor shall paint using rollers or brushes ensuring proper coverage. In the event of any residue, due to a procedure conducted by our personnel, the area shall be restored to its original condition. Color matching will be used on all previously painted surfaces to ensure quality, professional removals. Paint shall be applied evenly over the entire affected area avoiding any type of tracing, bleed-throughs or ghosting of graffiti. Whenever possible, paint will be feathered to insure a professional job, otherwise and only when blending isn't possible, will the Tech resort to uniform, squared off blocks as stated in the RFP. Any and all debris from our operations will be picked up and disposed of legally. PG6 Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 We guarantee all work completed against failure due to defective materials and/or faulty workmanship for a period of one year. Contract Manager A Contract Manager will be assigned to this contract. The Contract Manager will be responsible for overseeing the day to day operations of this agreement and serve as the liaison between Urban Graffiti Enterprises Inc. and the City's Program Manager. The duties of the Contract Manager shall consist of: • Interfacing with the city's Program Managing Department. • Routing and scheduling the Field Techs. • Coordinating special projects and requests. • Respond to any concerns the City's Program Manager may have. Quality Control Inspector A quality control inspector will be assigned to periodically patrol the service area insuring adherence to the contract requirements. (Please see Quality Assurance Program attached). Required Periodic Reportinq of Jobs Completed Any periodic reports required under this agreement, will be generated and sent automatically to the city's Project Manager (or his/her designee) via GRAF. Our Graffiti Reporting And Follow-up system is designed to be able to generate and send just about any type of report desired via email, automatically. Emergency Call -out Procedure The Contract Manager, Safety Officer and Field Supervisor shall be accessible seven days a week, 24 hours a day via direct email or cell phone. Our emergency call -out procedure has built redundancy so as to avoid any mistakes or miscommunications. Our clients have several ways they can reach us 7 days a week 24 hours a day. • Via land line - When a call is placed to our office after hours, a live operator answers the line and the subsequent message is sent to at least three Managers and the company President. • Via dedicated emergency email - We have a dedicated emergency email address that reaches all company Managers, Supervisors and company President on their personal cellular telephones. When an emergency email is received via that address, the email has to be cleared (responded to) within 30 minutes. • Via regular email - We provide the City's Program Manager the direct email addresses for the Contract Manager the Filed Supervisor and at least one other company Manager. • Via cell phone — The City's Program Manager is given the Contract Manager's phone number so he/she can reach them directly. The city is guaranteed to receive a response within 1 hour after hours or 30 minutes during our normal business hours. PG7 Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 TRANSPORTATION AND EQUIPMENT We employ an extensive array of equipment to provide our services. For this project, we would commit the following transportation and equipment. Transportation • Ford Ranger mid -size pick-up truck • Ford F-250 full-size pick-up truck • GMC 40 foot boom truck Equipment • Graco airless sprayer • Hydro-Tek pressure washer • Hydro-Tek zero discharge waste water reclamation unit • Traffic control arrow boards Due to the amount of projects, their size, and the length of time we have been in the public agency maintenance industry. We maintain more than sufficient vehicles, equipment and materials on hand to be able to service the largest of projects on a moment's notice. The proper maintenance of such trucks and equipment is of the utmost importance. Therefore, all staff is required to conduct a pre -check of their truck and equipment at the start of their day. They are also required to submit weekly equipment and vehicle checklists. In the event there are any needed repairs, the warehouse Manager makes the proper arrangements to repair such equipment. In addition to the equipment and vehicle checklist, we conduct weekly safety tailgate meetings where these issues are also addressed. Once reported and repaired, the vehicle or equipment issues are entered into a database, for service record tracking. Furthermore, our extensive working capital and open lines of credit afford us the ability to almost immediately acquire any amount of vehicles and/or equipment needed. The following is a list of just some of the equipment we currently have on hand: (20) Paint dedicated graffiti removal vehicles (6) Self-contained, pressure washing/media blasting dedicated vehicles (5) Dual-purpose paint/media blasting vehicles (2) High -reach bucket trucks (6) Backup airless sprayers (4) Backup pressure washers/media blaster units (4) Backup waste water reclamation units Centrally located in the City of Azusa, our 24,000 square foot facility is equipped with an in-house paint tinting laboratory which consists of tinting machines, 1 and 5 gallon paint shakers, and a 500 gallon vat for mixing bulk colors. We normally have in stock over 4000 gallons of paint of various tint bases, colorants (color matching tints) and all the equipment necessary to undertake any graffiti removal project expeditiously. PG8 Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 HIRING AND TRAINING UGE Inc has a combined staff experience of over 100 years in; • Graffiti removal • Steam cleaning/pressure washing • Bus shelter maintenance • Weed abatement • Public rights of way maintenance • Trash/debris clean up and removal • Channel clearing We are committed to the communities we serve, and we feel that giving back is an essential component of any community project. Urban Graffiti Enterprises, Inc., is an equal opportunity employer and we believe in fair hiring practices. We maintain strict policies against discrimination based on; age, race, national origin, gender, religion, sexual orientation. or disability. And believe in the second chance opportunity for those previously incarcerated. As part of our hiring process all employees including Field Techs, must undergo a background and a driving record check and drug screening. If hired, they are added to the DMV Pull -Notice program which notifies us as soon as there is an issue with their driving record. Before moving on to Field Tech status, new hires are put through a comprehensive, rigorous training program, which starts with our company exclusive on - site custom color matching training, when applicable. In addition to that training they also receive training in: • Equipment use, maintenance and in -field troubleshooting and repair. • Appropriate use of the various materials we employ. • Material handling and safety procedures. • Thorough training in the tasks to be performed. • Professional, courteous conduct. • Sexual Harassment training • Company policies • Training in our electronic service tracking system and other IT solutions (smart phone apps). • Training on our STAR and TAGRS (if applicable) — work order system • Safety procedures, defensive driving techniques, proper lifting techniques and compliance with all NPDES And BMP's • The importance and understanding of our Quality Standards and requirements Annual retraining is conducted on many of the above items to ensure our staff is constantly in tune what is needed and expected. Even after the above detailed training program, no new Field Tech is placed on any project without passing a 90-day probationary period (180 days when necessary). Upon completion of the probationary period the new hire must still pass a Procedures Knowledge Test, which covers all the items detailed above plus contract area specific knowledge. Our commitment to excellence continues with our comprehensive approach in preparing and keeping our staff well trained and informed on all aspects of their duties and those they oversee and assist. To begin, our administrative and office staff are expected to be aware and understand the processes and procedures our Field Techs utilize out on the field as well as the Field Supervisors' duties and responsibilities. Our Field Techs' training while simple and straight forward is very thorough, and unequaled by our competitors. Every new employee, regardless of the position they are hired for, starts in the field. That means that all new hires, including office staff, can expect to spend at least a week (up to three weeks or more for field service trainees) in ride - along with a seasoned Field Tech. That practice continues periodically for all office and administrative staff throughout their employment. We believe that it is imperative we all have a comprehensive understanding of our duties as a company. All our field staff are subject to our strict hiring policies. We have zero tolerance for the use of drugs and/or alcohol. A thorough background check including DMV violations is conducted on every prospective new hire. Our crews are routinely rotated to insure they are all properly cross trained on all aspects of our services. These practices, along with our comprehensive training program assures that service crew replacement is never an issue. In the event new hires are needed, we have established resources from which we pull to find replacement employees. Not limiting our resources to EDD and ads, we conduct monthly interviews and keep a good number of applicants on hand just in case. In addition, we get many whom through word of mouth come to apply. PG9 Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 SAFETY PROGRAM* UGE Inc. is committed to the safety of its employees, citizens, and the protection of the environment. Consequently, we employ only EPA approved procedures and materials and strictly follow all NPDES regulations and standards. Our Safety program complies and adheres to SB 198 and all rules and regulations set forth by the County, State, and Federal government agencies. Our personnel shall always be in uniform, wearing badges with their picture and names clearly visible. Use all provided PPE as required by the Cal Osha Safety guidelines, such as, a face mask (where required), use hand sanitizer (when needed), wear a hard hat ( where required), wear proper footwear, safety vest, and eye protection (goggles) shall be worn by any personnel operating high pressure equipment and respirators shall be used when working in dusty conditions. We have a designated Safety Officer who is responsible for training, enforcing, and the continual updating of all our In-house programs. The in-house programs are as follows: • IIPProrgam which includes. o Defensive Driving o Reporting and Accident o Dealing with (PEH) People Experiencing Homelessness o COVID-19 Education and Policies o Regulations on electronic devices. • Dealing with the Public and Avoiding Confrontations • Hazardous Material Communication — use of SD Sheets • Temporary Traffic Control Device Programs • Using the Proprietary Work Order System STAR • BPM /NPDES • Proper Lifting Techniques • COVID-19 Education and Precautions • Working in Safety Sensitive Areas (Part of IIPP) o Working Near Homeless Encampments o Working Near Streets and Highways o Working in the Channels o Working near Train Tracks — Certified by US DOT -Transit Rail System Safety o Working in Communities with High Gang Activity Additionally, due to some of the unsafe neighborhoods we sometimes must work in, both our management and field personnel are taught crisis diffusion techniques. These programs are reviewed annually with all staff. All BMP requirements which are not already part of our BMP policy will be adopted and will be reviewed annually as well. We subject all new employees to a rigorous training that includes but is not limited to, thorough knowledge of the program, proper use of safety equipment, proper use and maintenance of equipment, materials, field safety practices and defensive driving techniques. Because we realize the importance of keeping Safety at the forefront of our staff, we conduct weekly Staff Tailgate meetings. This ensures all issues are communicated to and addressed by the Safety Officer, and Management. In our constant effort to be innovative and be environmentally friendly our employee safety manual is now paperless. It now resides in the employee's work phone. Known as the Employee Work Binder, it contains equipment manuals, a list of safety equipment and its uses, policies and procedures as well as other pertinent information to assist them in being self-reliant and safe out on the field. It also contains all SIDS (sheets). When any updates are needed, all we need to do is upload it to their phones, saving in the amount of paper that would printed to update all the binders. During the Quarterly Safety meeting, all their Safety gear is checked to ensure everyone has what they need to be safe and efficient. Employees are encouraged to report any incidents to their immediate Supervisor. Since Safety is such a big part of our day to day. We are proud to announce the use of Al assisted dash cams and tracking system. This has been incredibly helpful in allowing us to further investigate issues such as accidents or incidents. It alerts us of any unsafe driving habits, such as distracted driving and ensuring employees are driving at a safe speed limit. Additionally, we are notified of any harsh turns and even if the employee is not wearing a seatbelt. This has revolutionized our ability to audit our employees' safety and safety habits while out on the field. PG10 Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 Should a Safety issue arise, an incident report is filled out, the employee, depending on the injury, will either be tended to by means of first aid and/or be sent to our nearby clinic for evaluation. And as part of our wellness program, we offer modified duty when applicable. An investigation is conducted, and the matter resolved. A follow-up is conducted on the employee until they are cleared of the injury. Keeping in constant contact with the employee allows us to show the employee that we care about their well-being. Depending on the outcome, policies will either be enacted or updated. Those updates or changes will then be covered with staff during our Weekly Staff Tailgate Meeting. Depending on the severity of the situation, a meeting may be held on the same day of the incident. During the Quarterly Safety Meeting incidents are reviewed to give the employees an overview of the incidents for that Quarter. This serves as a reminder to all employees that safety is first. If the Safety issue is non -injury related the same format will apply. A Safety Program Designee is responsible for completing all required Safety checklists. If any safety issues are found, they are immediately reported to the Safety Manager and a plan is put in place to correct the deficiency. The Safety Designee also provides the replacement of any safety items needed. * This is a summary of our extensive multi -faceted safety program which is available for review by our clients upon request. PG11 Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 QUALITY CONTROL PROGRAM From the very beginning our company has established a reputation for taking pride in the quality and professionalism of our services. Our Quality Control program is unsurpassed by anyone in our industry. The sole objective of our Quality Control Department is to make sure our clients/residents are satisfied with all aspects of our service. Part of what makes our QC program the best in our industry, is how departmentally inclusive it is. We believe most everyone in our organization has input or access to information, that if shared, will assist in the success of the program. We are always looking for ways to advance our systems and make them more efficient and environmentally friendly, therefore, we revamped our QC program to be as paperless as possible. This allows for quicker attention and response time to issues that arise. Policies, Procedures and Inspection Fundamentals The QC Team for this project will consist of the office staff, Contract Manager and or Assistant, QC Manager, and the QC (Quality Control) Inspector. Surveys of the City will be conducted via the TAGRS system. The goal is to ensure we are providing adequate service response, quality control and overall project management. During the onsite visits conducted by the QC Inspector, if any issues are found, a picture will be taken and sent to the Contract Manager and cc the QC Manager. The QC Manager will create an electronic file. The Field Tech who performed the task will be identified by the Contract Manager, and an email will be sent to him/her explaining the issue, the pictures will be attached to the email, along with instructions on how to correct it and a deadline by which it must be completed (usually within 48 hours). The Field Tech will be required to respond acknowledging receipt of the email. Once the correction is made, the Field Tech will take an after picture and attach it to the original email. The QC issue will be discussed during that week's QC meeting. If no further action is needed, the electronic file will be closed by the QC Manager, and the item/s will be covered during the next Staff Tailgate meeting. The office staff will conduct their quality control via the TAGRS system. We make sure to include before and after pictures in TAGRS. Any discrepancies found during the review will be handled electronically. The Field Tech will be immediately notified via his/her mobile device app. The electronic notification sent to the Field Tech includes a picture and description of the deficiency, detailed instructions on how to correct it and a deadline by which it must be completed (within 48 hours). The Tech will be required to respond, acknowledging receipt of the notification. Once the correction is completed, the Tech is required to attach an after picture to the deficiency notification email. The Contract Manager and the QC Manager will be cc'd on all discrepancy notifications and an electronic file will be created. Any issues requiring more attention will be covered during the next QC meeting then discussed during the next Staff Tailgate meeting. The QC Team meets weekly to discuss all in-house and field issues found during their inspections and reviews. If it is determined that additional training is needed for any tech, a schedule will be set for retraining. If current policies need to be updated or any new policies implemented, such will be the case. Any issues, results, findings, and new policies will be discussed during the next Weekly Staff Tailgate meeting to ensure everyone is up to date. Complaints & Inquiries The new paperless system will also apply to our Complaints procedures. Because the Contract Manager will be directly involved with this project daily, she is best equipped to handle any complaints. Upon receipt of the complaint, the Contract Manager will investigate the matter. If it involves work performed, she will then email the Tech involved, explaining the complaint, providing guidance to correct it and request an acknowledgment of receipt. The QC Manager will be cc's and will create and electronic file. The Contract Manager will then follow up and ensure it is corrected. Once the correction is made, she will contact the City of Covina's Project Manager to reassure him/her of the correction. She will then, using the original email, send the correction to the QC Manager to close the file. Any other type of complaint will be handled in the same paperless fashion. And depending on the issue and changes implemented, they will be covered during the next Staff Tailgate meeting. The QC Manager and QC Inspector will understand the contract expectations. The QC Inspector will be in constant contact with the Contract Manager for any complaints or QC issues that may arise while on the field. If for any reason the complaint will take longer to resolve, The City of Covina's Project Manager will be contacted and advised about the issue. All information pertaining to the issues addressed will be entered into a database and an electronic file is created for future reference. All information is kept confidential and only the Quality Control Manager and the Contract Manager have access to them. No sensitive employee information is publicized or shared with anyone not directly involved. PG12 Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 In addition, field performance checks will be performed by the QC Inspector. The objective is to ensure all staff are following safety, work and quality control procedures as required. Any issues observed will be emailed to the Tech involved and with the corrections to be made and request an acknowledgment of receipt. This will also include random truck, uniform (including badge) and equipment inspections to ensure a professional appearance. The Contract Manger and the QC Manager will be cc'd. The QC Manager will create the electronic file. The office staff will also monitor data entry to make sure all entries are consistent and spelled correctly. They will audit the TAGRS system to ensure work order completion information is entered timely and accurately. This includes making sure that the Field Techs are adhering to the scope of work within their service area and that they are meeting the required response time. Any issues will be emailed to the Field Tech in question. The Contract Manager and QC Manager will be cc'd. All aspects of QC are kept in a database and an electronic file is created for reference. The original program forms used are still available if needed. The Field Techs are tele-tracked via a web browser tracking system which gives the Contract Manager a live location, and history of their whereabouts, including routes and stops. In addition, with our smart phone assisted, web -based service routing system (STAR), we get live date and time stamped status information from our Field Techs as they complete each job. The Contract Manager has managed this project for the past 4 years and is aware of the needs. There is no doubt this project will be properly managed and monitored. The combined efforts of these programs and systems will allow for better monitoring, cost effectiveness and efficiency. Our years of dealing with agencies, residents, and merchants, we have come to understand that good customer service means understanding people just want to know and feel they are being heard and taken care of. That is why we make customer service a top priority and our current and past contracts can attest to that. At a minimum, the QC team will perform the following. In The Field • Periodic and random surveys of all contracted areas, to ensure service obligations are meeting the needs of the community. • Log, report and follow up on any inconsistencies with our service. • Conduct a ride -along with our Field Techs to ensure proper protocol is being followed. In the Office • Perform periodic inspections of Field Tech Work Logs. • Process and review before and after pictures taken by the Field Techs. • Audit STAR reporting system. • Inspect all field service vehicles and equipment for proper upkeep and maintenance. PG13 Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 ADDITIONAL FEATURES Graffiti Reporting And Tracking At UGE we have always taken great pride in our innovative spirit and ingenuity. Years ago we embarked on a quest to electronically track, log and catalog all graffiti eradicated, so we may better assign and distribute our resources and identify trouble spots within our service areas. Soon after developing GRID (Graffiti Information and Research Database) we realized we needed a better reporting system, so we developed, GRAF (Graffiti Reporting And Follow- up) application. GRAF is essentially a web based; mobile phone app assisted graffiti reporting solution and was made to integrate with TAGRS, not too long after, STAR (Service Tracking and Reporting) was developed. And since we are always looking to improve the systems we use, currently, we are in the process of updating and advancing STAR. STAR, for a fee, can be made to integrate with TAGRS if the city requests it. We are the only contractor with a web - based graffiti reporting system that can seamlessly integrate with TAGRS without any additional equipment or procedures. For the City of Tustin, as requested by the RFP, we will be using TAGRS, the city's graffiti data will be pooled with that of other participating cities and public agencies, into the Orange County servers. The city's Police Department is then given access to the law enforcement portal of TAGRS where they can not only track trends, activity and taggers but also share intelligence on gangs, tagging crews and/or taggers with other law enforcement agencies. By pooling data and sharing intelligence, law enforcement agencies can not only better plan arrests but also build stronger cases against offenders for prosecution and restitution purposes. The city's Program Manager has a user name and password in order to be able to log into TAGRS and get live status reports of pending serviced requests along with a running list of sites serviced including before and after pictures of the graffiti eradicated. Finally, as is our practice, we propose to continually update our systems in order to keep up with the fast pace of information technology. Proactive Prevention Programs In addition to the expert graffiti eradication services we provide, it is our intention to provide residents and businesses of the city the following: • Smart phone graffiti reporting app. • Etched glass repair and protective window film application at a reduced rate. • $500.00 Tagger Tip Reward Program for information leading to the arrest and conviction of a tagger. • Graffiti Analytical services at a reduced rate. These programs will be in force and available to the city for the life of the contract. When evaluating our proposal, please take into consideration our extensive experience in the industry and some of the advantages of this all-inclusive program. • We are properly licensed with C33, D38, D52 classifications to provide these services. • Our approach incorporates a flexible service component which can be tailored to suit any future needs. • Preemptive, zero tolerance graffiti search and eradication rather than just reactive removals. • Previous patchwork repair at no additional cost to the city. • Our proactive graffiti control and prevention programs. • Immediate to 24 hour response to service requests. • Unrivaled true on -site color matching. • Automated web and smart phone app service request reporting and handling. • Accurate and detailed monthly service logs. (Sample Service Log attached) • Graffiti data logging for the TAGRS program included. If you have any questions regarding this portion of our services, please feel free to call us at (626)815-4900 or email us at info(a-)urbangraffiti.com. We greatly appreciate this opportunity and your consideration. We look forward to working with your city. PG14 Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 SAMPLE SERVICE LOG PAGE V PG15 Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 PROPOSAL FORMS Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 Section B - Proposal Graffiti Abatement Services Name of Proposer: Urban Graffiti Enteprises,lnc. Business Address: 1280 Mountain View Circle, Azusa, CA. 91702 Phone Number: (626) 815-4900 The work to be done is shown in the specifications entitled: Graffiti Abatement Services Said plans and specifications are on file in the office of the Community Development Director, Tustin, California. To the City of Tustin, The undersigned, as proposer, declares that the only persons or parties interested in the proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm or corporation; that the proposer has carefully examined the location of the proposed work, the annexed proposed form of the contract, and the plans therein referred to; and the proposer proposes and agrees if this proposal is accepted, that the proposer will contract with the City of Tustin, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all work and furnish all materials specified in the contract, in the manner and time prescribed, and according to the requirements as therein set forth, and that the proposer will take full payment therefore at the following unit prices, to -wit: City of Tustin RFP — Graffiti Removal Services 8 1 P a g e PG16 Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 Proposal for Graffiti Abatement Services Table 1 ITEM NO. CONTRACT ITEM DESCRIPTION ESTIMATED QUANTITY (JOBS)* UNIT PRICE TOTAL PRICE 1. Paint — Light Color Base 3,000 $ 54.00 $ 81,000.00 2. Paint — Deep Color Base $ 54.00 $ 81,000.00 3. ** Water/Sand Blast 250 $ 54.00 $ 13,500.00 4. ** Chemical Removal 750 $ 54.00 $ 40,500.00 TOTAL CONTRACT PRICE $ 216,000.00 * "Job" shall mean 100 square feet of painting or 40 square feet of water/sandblasting or chemical removal ** City Authorization Required CITY OF TUSTIN The undersigned understands that the foregoing quantities are approximate only, being given as a basis for the comparison of proposals and the City of Tustin does not, expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable and in the best interests of the City by the Community Development Director. In case of discrepancy between the unit price and the total amount for a contract item, the unit price shall prevail. The basis for determining the low proposal shall be by correctly multiplying the number of units by the unit price proposal to calculate a total amount for each contract item and obtaining a total proposal by correctly adding together all contract item total amounts. If a unit price is not legible or is missing, the total amount for the contract item shall be divided by the approximate quantity of units to arrive at the unit price proposal. If both the unit price and total amount for a contract item are left blank, then the entire proposal shall be rejected. If this proposal shall be accepted and the undersigned shall fail to enter into the contract and to furnish the two (2) bonds in the amounts required, with surety satisfactory to the City of Tustin, and the required Certificate of Insurance with endorsements within ten (10) days, not including Saturdays, Sundays and legal holidays, after the date of the Notice of Award from the Community Development Director, the City of Tustin may, at its option, determine that the proposer has abandoned the contract, and thereupon this proposal and the acceptance thereof shall City of Tustin RFP — Graffiti Removal Services 9 1 P a g e PG17 Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 be null and void, and the forfeiture of such security accompanying this proposal shall operate and the same shall be the property of the City of Tustin. The undersigned proposer hereby acknowledges that he/she understands the bonding requirements of the City of Tustin, which, per City Code, states that the surety company must be duly authorized to issue such bonds or insurance in the State California. The Certificate of Insurance with endorsements must be with a company of A.M. Best's Key Rating of Grade A and Class VII (seven) or better with an Admitted Insurer, or Grade A- or better and Class X (ten) or better with a Surplus Line Broker. Workers' compensation insurance with a company of A.M. Best's Key Rating of Grade B- or better and Class VII (seven) or better, or offered by State Compensation Fund, is acceptable. Contractor shall provide to the City within ten (10) working days after the date of notice of award of contract the aforementioned insurance certificate(s) with endorsements which must meet the requirements of the specifications and comply with the contract documents. Failure to comply with this requirement will result in annulment of the award, forfeiture of the proposal guarantee and City will pursue award to the next qualified responsive proposer. Contractor is advised that insurance requirements are non-negotiable and City will not consider waiving insurance requirements. There are no exceptions. ACCOMPANYING THIS PROPOSAL IS Cashier's Check (NOTICE: Insert the words "Cash ($ )", "Cashier's Check", "Certified Check", or "Proposer's Bond", as the case may be in the amount equal to at least ten (10) percent of the total proposal.) The names of all persons interested in the foregoing proposal as principals are as follows: Juan Reinoso - President Maria Gutierrez - Secretary/Treaurer City of Tustin RFP — Graffiti Removal Services PG18 101Page Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 IMPORTANT NOTICE: If the proposer or other interested person is a corporation, state legal name of corporation and names of the president, secretary, treasurer, and manager thereof; if a co- partnership, state true name of firm and names of all individual co-partners composing firm; if the proposer or other interested person is an individual, state first and last names in full. N/A Title: Juan Reinoso Date: 06/24/24 NOTE: If the proposer is a corporation, the legal name of the corporation shall be set forth above, together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if the proposer is a co -partnership the true name of the firm shall be set forth above, together with the signature of the partner or partners authorized to sign contracts on behalf of the co -partnership; and if the proposer is an individual, his signature shall be placed above. If signature is by an agent, other than an officer of a corporation or a member of a co -partnership, a Power of Attorney must be on file with the City of Tustin prior to the opening of proposals or submitted with the proposal; otherwise, the proposal will be disregarded as irregular and unauthorized. Business Address 1280 Mountain View Circle, Azusa, Ca. 91702 Proposer shall list the name and address of the place of business of each subcontractor required to be listed by Section 4100 et seq., of the California Public Contract Code which requires that a proposer must list the name and location of the place of business of each subcontractor who the proposer intends to have perform work in excess of one-half (1/2) of one (1) percent of the proposers' total proposal amount. City of Tustin RFP — Graffiti Removal Services PG19 111Page Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 NO SUBCONTRACTORS WILL BE USED FOR THIS PROJECT Name, Address & Telephone Number LIST OF SUBCONTRACTORS Type of Work Percentage of Work City of Tustin RFP — Graffiti Removal Services PG20 121Page Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 REFERENCES The following are the names, addresses, and phone numbers for five (5) public agencies for which PROPOSER has performed similar work within the past three (3) years: PLEASE REFER TO THE FOLLOWING PAGE City of Tustin RFP — Graffiti Removal Services PG21 131Page Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 IF, R@R� GRAFFITI FNTERpR1S�-s 1N SaPzinc7 J tude 9n (9wt 'Cvarur unities REFRENCES SIMILAR WORK IN THE PAST 3 YEARS Agency: City of Tustin Address: 300 Centennial Way, Tustin, CA 92780 Contact Name: Brad Steen Title: Code Enforcement Officer Telephone (714) 573-3135 Email: BSteen@tustinca.org Type of service: Graffiti Removal and Pressure Wash Services Service Date: 2019 - Present Agency: City of Covina Address: 534 N. Barranca, Covina, Ca. 91723 Contact Name: Barbara Dangler Title: Public Works Telephone (626) 384-5215 Email: bdengler@covinaca.g Type of service: Graffiti Removal and Pressure Wash Services Service Date: 2016-Present Agency: City of Brea Address: 1 Civic Circle, Brea, Ca. 98821 Contact Name: Will Wenz Title: Public Works Department Superintendent Telephone (714)990-7695 Email: willw@ci.brea.ca.us Type of service: Graffiti Removal / Pressure Wash Services Service Date: 2016 - Present Agency: Los Angeles County Address: 900 S. Fremont, Alhambra, Ca. 91803 Contact Name: Ari DeChellis Title: Graffiti Abatement Program Manager Telephone (626) 458-4062 Email: adechellis@dpw.lacounty.gov Type of service: Graffiti Removal and Pressure Wash Services Variou Projects Service Date: 2000- Present Agency: City of San Dimas Address: 245 E. Bonita Ave., San Dimas, Ca. 91773 Contact Name: John E. Villalobos Title: Code Compliance Supervisor Telephone (909) 394-6201 Email: jvillalobos@sandimasca.gov Type of service: Graffiti Removal and Pressure Wash Services and Shopping Cart Projects Service Date: 2019 - Present PG22 Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 QUALIFICATION STATEMENT The Undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter (attach additional paper as needed). SUBMITTED BY: Juan Reinoso CORPORATION ❑X NAME: Urban Graffiti Enterprises, Inc. PARTNERSHIP ❑ ADDRESS: P.O. Box 2383, Covina, Ca.91722 INDIVIDUAL ❑ PRINCIPAL OFFICE: 1280 Mountain View Circle, Azusa, Ca.91702 OTHER ❑ REQUIREMENTS The following is to be included with the proposal: Please fill out the following information on a separate document. 1. References: Proposer must submit a list of five (5) references comprised of cities and public services that is similar in scope that have been provided in the last three (3) years. Refer to pg 22 References - Name and location of each reference - Name and phone number of contact person (familiar with project) - Contract amount - Scope of work with proposal item amounts N/A Submit a summary of all claims made in the last five (5) years on the aforementioned projects: - Name of claimant - Amount of claim - Nature of claim - Final status of claim 2. Resume of type of work in which your firm possesses experience. Refer to pgs 2-3 - How many years has your company been in business? 34 - Number of years your company has provided graffiti abatement services? 34 - Number of years' company has provided graffiti abatement services for public agencies 34 City of Tustin RFP — Graffiti Removal Services PG23 141Page Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 3. Description of Your Organization - Under what other or former name(s) has your organization done business? Urban Graffiti Enterprises - How many years has your organization been in business under its present business name? 34 years - If a corporation, answer the following: o Date of incorporation: June 2000 o State of incorporation: _ California o President's name: Juan Reinoso o Vice -President's name(s): o Secretary's name: Maria Gutierrez o Treasure's name: Maria Gutierrez - If an individual or a partnership answer the following: o Date of organization: N/A o Name and address of all partners (state whether general or limited partnerships - If other than a corporation or partnership, describe the organization and principals. N/A - List states and categories in which your organization is legally qualified to do business. Indicate registration or license numbers if applicable. List states in which partnership or trade name is filed. California - Describe the work your organization normally performs with its own forces: Graffiti removal services - Have you ever failed to complete any work awarded to you? If so, note when, where and why: No. - Within the last five (5) years, has any officer or partner of your organization ever been an officer or partner of another organization when it failed to complete a construction contract? If so, attach a separate sheet of explanation. No City of Tustin RFP — Graffiti Removal Services 15 1 P a g e PG24 Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 Refer to pg. 12-13- What is your company's plan to insure compliance with the contract specifications and insure quality work? Refer to pg. 8 - List the types of primary vehicles/equipment and number of each to be assigned to this contract Refer to pg. 8 - Please note any equipment which will also be used on another contract Refer to pg.8 - List the back-up equipment assigned to this contract to assure no production interpretation. Personnel - Provide the number of employees committed to graffiti abatement services. 35 - Provide the total number of employees to be assigned to this contract. 1 and as needed - Who will be the contractor's representative with the City? Siannah Sandoval Refer to pg. 4 - What is his/her background? Refer to pg. 4 - What is his/her education? Contractors Name: Urban Graffiti Enterprises, Inc. / Juan Reinoso Signed by: Title: President City of Tustin RFP — Graffiti Removal Services PG25 161Page Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 QUESTIONNAIRE Please answer the following questions in detail: a. What makes your company the best company for this job? Refer to pq. b. What type of in-house training do you provide for your staff? Refer to pq. c. Who is responsible for training the graffiti removal workers and what type of training is provided and at what intervals? Refer to pq. d. What is the address of the facility from which work crews will be assigned? 1280 Mountain View Circle, Azusa, Ca. 91791 e. What communication system do you use to communicate between field and office? All employees are equiped with companuV issued cell phones. f. Can your insurance and sureties broker provide you with the required rating and coverage? Specify the A.M. Best's rating (grade and class) of your current insurance(s) and sureties. Yes g. Can you provide proof of employee pay consistent with Davis -Bacon or State wages on a weekly basis in accordance with prevailing wage requirements? Yes h. Do you use and/or have access to Tracking Automated & Graffiti Reporting System (TAGRS) Yes City of Tustin RFP — Graffiti Removal Services PG26 171Page Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 RESPONSES TO QUESTIONNAIRE 1. What makes your company the best for this job. At Urban, we have always strived for perfection. The company founder (Juan Reinoso) has been in the public agency, graffiti eradication and control services since 1984. As a young man, while working for Graffiti Removal Inc., the pioneers of public agency graffiti removal services in southern California, Juan developed many of the techniques still widely used in the industry today. Urban brings a level of experience, professionalism, dedication and innovation that to date is unmatched by our competition. We are constantly working to develop new ways to proactively combat the blight of graffiti and give our clients full control of the resources they are paying for. Aside from the expert field staff, Urban also has an equally committed and experienced administrative team. With Urban, you get many, fully trained Field Techs and support staff ready to step in when needed. We purposely cross train our Field Techs so there is never a shortage of qualified personnel that could easily service any of our contracted areas. We are the only graffiti removal contractor with a web -based, mobile app assisted service tracking and reporting system that allows the city's Program Manager to enter service requests directly and get a live view of their status 24/7. In fact, our application is the only one in the industry that allows city staff and residents the ability to report graffiti via a free mobile phone app. In addition, contrary to what other contractors may lay claim to, Urban has a long standing, well established, working relationship with the TAGRS development team. We are the only contractor that offers a service tracking system that seamlessly integrates with TAGRS. In fact, aside from offering the best graffiti removal service, Urban is the only contractor with a fully accredited graffiti analytical service department that analyzes and categorizes graffiti for law enforcement and prosecution purposes. Finally, Urban is the only contractor that provides certified graffiti expert witness services. Our goal is not only to reactively eradicate graffiti, but also to prevent it with our various proactive solutions. With us, you get a true zero -tolerance approach when it comes to the blight of graffiti. That is what makes us the best choice. Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 For the Performance of - REFER TO FOLLOWING PAGE Graffiti Abatement Services NOW, THEREFORE, if the aforesaid Principal is awarded the contract; and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form in accordance with the proposal, and files two (2) bonds satisfactory to the City, one (1) to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue. In the event suit is brought upon this bond by the Obligee and judgment is recovered, the surety shall pay all costs incurred by the Obligee in such suit, including a reasonable attorney's fee to be fixed by the court. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of A.D., 20 Principal Surety IMIRI (Seal) (Seal) (Seal) (Seal) (Seal) (Seal) Note: Attach proper Notary Acknowledgment for signature of authorized person (Use copy of blank form provided in this section.) City of Tustin RFP — Graffiti Removal Services PG27 181Page 1 Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 _ - CD .. W.P � V U] u� \ o r �W nti cr ... .,. LO LL. Q aU dLLJ > - - _ a QD rJ5 V� a .� W E o LJ ❑ cb c* L J r Cla M 1�' •! L� (tijj Qj d O S ? W 6HR©08uV9 ff5-60 F^ z uj 2 tl.l U? O z W W UJI z Y U z w .-1 ❑ l- F- r ■ w -4-1 0 Er a ru z a ❑ a ❑ ❑ IZ L Y U 0 a m C� LLI x 0 z 0 .--6 Y ru rij cc LU LU ,r uj uj ❑ LL � Ix Im F f, z ru 5: RJ d C W ❑ ww''+ `M L J Q z LU F- H Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 NON -COLLUSION AMIDAVIT TO THE CITY OF ` U TIN: The undersigmcd in submitting this proposal for performing, by contract, [lie work requircd by these proposal documcnts, being duly sworn, deposes and says: That shelhe has not, either directly or indirectly, entered into any agreement, participated in any collusion. or otherwise uLken any action in restraint of free wvnp+,:titiva proposing in co nvotion with this contract. Signed; Title, President Firm Name,: Urban Graffid Enterprises, Inc. Note: Non -Col lusi-an Affidavit to be submitted with proposal, Attach proper notary acknewlc gmcni for signature of authorized persm. (Usc ccopy of blank fonn providM in this secticiQ Ch of Tustin R —Graffiti Nueva[ Services PG29 Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies -only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document_ State of California County of Los Angeles On 06/24/ 024 before me. Ali a Tobias, Notary Public {insert name and title of the off icef} personally appeared ]uan Reinoso who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies), and that by hislher1their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, certify under PENALTY QF PERJU RY under the Iaws of the State of California that the foregoing paragraph is true and correct_ ALISA TOBIAS WITNESS nny hand and official seal. U CORM_ 0 2124255 � -i aar�ar ust�c CA( IFO4NhA ios ANGELES COUNTY {} C3 OMM. EXPIRES UtY. 9, 6� Signature '�'�� (Seat) PG30 Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) The undersigned declares that he or she is: Juan Reinoso of Urban Graffiti Enterprises, Inc. (Party making foregoing proposal) (hereinafter the "Proposer") 1. Proposer's Contractors License Number is as follows: #592356 . Classification: C33, C61 /D38, C61 /D42, C61 /D52,C61 /D63 2. The expiration date of Proposer's Contractor's License is December 31 , 20 2024 3. Proposer acknowledges that Section 7028.15(a) of the Business and Professions Code provides as follows: "It is a misdemeanor for any person to submit a proposal to a public agency in order to engage in the business or act in the capacity of a Contractor within this state without having a license therefor, except" as provided in the referenced section. Executed on June 24 , 2024 at 1280 Mountain View Circle, Azusa, Ca. Azusa, California (Insert City & State where declaration is signed) Signature Juan Reinoso Typed Name President Title Urban Graffiti Enterprises. Inc. Name of Proposer THIS FORM MUST BE COMPLETED, SIGNED AND SUBMITTED WITH THE PROPOSAL (EXCEPT FOR FEDERALLY -FUNDED STATE PROJECTS) City of Tustin RFP — Graffiti Removal Services PG31 201Page Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 ATTACHMENTS PG32 Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 URBAN GRAFFITI ENTERPRISES INC CONTRACTORS LICENSE C�Cc� STATENTRACT LICENSORS E BOARD _: , ACTIVE LICENSE -...w ,,.-..592356 =.- CORP a.�.. URBAN GRAFFITI ENTERPRISES INC Cl...ftw.mv C33 C611D38 C611D52 C611D63 C611D42 E.erwwna.. 12/31/2624 www.cs16 ca.aov PG33