Loading...
07-19-2011 - Fiscal Year 2011/2012 Proposed Art in Public Place - Item 6 (2).pdfC:\Users\mgarcia\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\WMSIF7PP\No 6 SR.doc TO: Andrew G. Pasmant, City Manager and City Council FROM: Jeff Anderson, Acting Planning Director SUBJECT: FISCAL YEAR 2011/2012 PROPOSED ART IN PUBLIC PLACES ANNUAL WORK PROGRAM RECOMMENDATION: The Public Arts Commission and staff recommend that the City Council approve an Annual Work Program to expend art in public places funds for art projects. BACKGROUND: On August 17, 2004, the City Council approved the Art in Public Places Ordinance. This ordinance establishes requirements for new developments to install public artwork or pay an in-lieu fee to the City. Furthermore, the Ordinance specifies that the City adopt a Budget and Work Program to expend funds that have been paid to the City through the in-lieu fees. The Code specifies that an annual budget be included in the City’s budget, with a work program for the year that sets forth a plan for the expenditure of the funds and the development of art projects by the Public Arts Commission. The work program also specifies the locations for the new artwork. Since the adoption of the Art in Public Places Code, there have not been sufficient funds available and therefore there was no need to prepare a work program. The City Art Fund currently has $75,795 in the account since some applicants have opted to pay the in-lieu fee. DISCUSSION: The Public Arts Commission discussed the Annual Work Program at their meetings on October 4, 2010, December 6, 2010, and January 31, 2011. The Commission discussed three different options on potential ways to use the funds. The following were the options presented. 1. Hold the money to allow the amount in the funds to increase. 2. Commission and install artwork. 3. Form a partnership with schools to fund a special art project, program to create artwork to be displayed at a public place, or through a non-profit arts organization, at one or more schools. Location After discussing the options, the Public Arts Commission voted to approve Option 2. At their meeting in January, the Commission discussed the following list of potential locations. 1. Civic Center 2. Cameron Park 3. Cortez Park (Senior Center) Type of Artwork The second question that the Public Arts Commission needed to answer was the type of artwork to recommend to the City Council. Based on past discussions of the Commission and input from Lesley Elwood (the City’s public art consultant) the following types of artwork were considered. 1. The concept developed for West Covina Nissan (Tribute to Veterans by Cheri Galke). City of West Covina Memorandum A G E N D A ITEM NO. 6 DATE July 19, 2011 Art in Public Places Annual Work Plan, FY 11-12 July 19, 2011 - Page 2 C:\Users\mgarcia\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\WMSIF7PP\No 6 SR.doc 2. Direct purchase of an existing sculptural work or works through a gallery or artist. 3. Commissioned work by an artist that is specific to the place and users of the site (i.e. Cory Lidle sculpture at Big League Dreams). At their January 31, 2011 meeting, the Public Arts Commission voted 4-0 to recommend the City Council the following.  An expenditure of up to $60,000,  Direct purchase of two pieces of artwork that is youth/family oriented or youth sports oriented,  One piece of artwork would be selected for Cameron Park and one piece for Cortez Park as these two parks have many visitors due to the youth sports activities, Cameron Park Gymnasium, and the Senior Center. If the City Council approves the Annual Work Program for FY 11-12, the Public Arts Commission will begin work on considering what artwork to install at each park. The Community Services Department will also be involved in the determination process. The selected artwork and location will be presented to the City Council prior to the ordering or installation of any artwork. FISCAL IMPACT: The funds for the Annual Work Program are in a restricted fund that can only be used for public artwork. There is no impact on the General Fund. Prepared by: Jeff Anderson Acting Planning Director Attachments: Attachment 1 – Public Arts Commission Minutes, January 31, 2011 Attachment 2 – Public Arts Commission Staff Report, January 31, 2011 Attachment 3 – Examples From Other Cities C:\Users\mgarcia\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\WMSIF7PP\No 6 Attach 1.doc OFFICIAL MINUTES REGULAR MEETING OF THE PUBLIC ARTS COMMISSION CITY OF WEST COVINA Monday, January 31, 2011 MEETING CALLED TO ORDER: 6:05 P.M. 1. PLEDGE OF ALLEGIANCE – Marcia Hazelton 2. ROLL CALL: Commissioners Present: Hazelton, Menefee, Valles, and Woods Commissioners Absent: Carrico, Sotelo, Vargas Staff Present: Anderson, Wong In the absence of Planning Commission Chair Sotelo, Commissioner Woods acted as Chairman. 3. APPROVAL OF MINUTES: The minutes of December 6, 2010 and January 20, 2011 were approved as read. 4. OTHER MATTERS OR ORAL COMMUNICATIONS None 5. ITEMS FOR REVIEW (A) Annual Work Program for 2011/2012 Jeff Anderson, Acting Planning Director and Lesley Elwood, public art consultant, gave a presentation regarding the 2011/2012 Annual Work Program including the amount of money available, the potential location of artwork and the conceptual type of artwork. There is approximately $65,000 available in the art fund. Locations considered included the Civic Center, Cameron Park, Cortez Park (Senior Center). Types of artwork include a tribute to veterans (developed by West Covina Nissan), direct purchase of artwork through gallery or artist, and commissioning a piece of artwork. The Commission discussed possible locations for art at Cortez Park (including on the exterior of the Senior Center, the interior of the Senior Center and on the knoll of the park), and in front of the gym at Cameron Park. The Commission also asked for information on costs of direct purchase of sculptures, cost of the tribute to veterans artwork, and whether commissioned artwork normally stayed on budget. Ms. Elwood stated that direct purchase of artwork is generally less costly than commissioned work and that commissioned work is Planning Commission Minutes Page 2 – January 31, 2011 C:\Users\mgarcia\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\WMSIF7PP\No 6 Attach 1.doc generally completed on budget. She stated that with direct purchase of sculptures there is still a cost of installation that must be taken into account. In regards to direct purchase, the commissioned inquired about the availability of veterans/military sculptures and about catalogues or web sites. The Commission then discussed the concept of purchasing three sculptures through direct purchase to be placed at the Civic Center, Cortez Park and Cameron Park. There followed discussion regarding ensuring that the artwork is family-oriented and appeals to a wide audience. The thought was also presented about spending all the money at one location to get a more significant piece of art. Motion by Menefee, seconded by Hazelton to recommend to the City Council to allow expenditure of up to $60,000 for direct purchase of artwork that is youth/family oriented or youth sports oriented. Motioned carried 4-0 (Carrico, Sotelo, and Vargas absent) Motion by Valles, seconded by Menefee to recommend to the City Council to consider placing one piece of artwork at Cameron Park and one piece at Cortez Park. Motioned carried 4-0 (Carrico, Sotelo, and Vargas absent) Staff commented that the recommendations approved by the Public Arts Commission will be presented to the City Council for their consideration at a forthcoming meeting. If the City Council approves the Commissions recommendations, work on the artwork would begin sometime after the beginning of fiscal year in July. 6. ADJOURNMENT Motion by Valles, seconded by Menefee, to adjourn the meeting at 7:10 p.m. Motion carried 4-0. C:\Users\mgarcia\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\WMSIF7PP\No 6 Attach 2.doc TO: Public Arts Commission FROM: Planning Department SUBJECT: REVIEW OF ANNUAL WORK PROGRAM PROCESS Budget and Work Program for Fiscal Year 11/12 DISCUSSION: The West Covina Municipal Code establishes the concept of a Budget and Work Program for an art in public places program. The Code specifies that an annual budget be included in the City’s budget. In conjunction with the annual budget, a work program is to be prepared that sets forth a plan for the expenditure of the funds. The work program is to specify locations for artwork. As discussed at the October 4, 2010 meeting, funds have not historically been available and therefore there was no need to prepare a work program. The City has approximately $65,000 available since some applicants have opted to pay an in-lieu fee. The Commission has the ability to utilize all or utilize a portion of the funds for the Annual Plan. At the Public Arts Commission meeting in December, the Commission discussed three different options on potential ways to use the funds. The following were the options presented. 1. Hold the money to allow the amount in the funds to increase 2. Commission and install artwork. 3. Form a partnership with schools. After discussing the options, the Public Arts Commission voted to approve Option 2. Based on that direction, staff has developed options for the location and type of artwork. Location During discussions on the Annual Plan, the primary location mentioned was the Civic Center. In creating a list, it is staff’s recommendation that the properties should be city-owned. Based on that, staff recommends the following list of locations, in priority order. 1. Civic Center 2. Cameron Park 3. Cortez Park (Senior Center) These sites represent the most visited sites that are owned by the City. Staff recommends that the Public Arts Commission select the Civic Center site as the most appropriate site and consider artwork that would enhance the site. City of West Covina Memorandum A G E N D A ITEM NO. 5A DATE: January 31, 2011 Public Arts Commission January 31, 2011 – Page 2 C:\Users\mgarcia\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\WMSIF7PP\No 6 Attach 2.doc Type of Artwork The second issue that the Public Arts Commission must determine is what type of artwork to recommend to the City Council. The type of artwork selected should be appropriate to the location, which is why it is important to select the location first. Based on past discussions and input from Lesley Elwood (the City’s public art consultant) the following is a list of types of artwork for the Commission to consider. 1. The concept developed for West Covina Nissan (Tribute to Veterans by Cheri Galke). 2. Direct purchase of an existing sculptural work or works through gallery or artist. 3. Commissioned work that is specific to the place and users of the site. Staff recommends that the Commission discuss and consider the options presented above. A power point presentation will be provided at the meeting to provide examples of each type of artwork. Conclusion The task of the Public Arts Commission is to develop an Annual Plan for the 2011/2012 Fiscal Year to recommend to the City Council. The Annual Plan should include a proposed location, concept of artwork, and an amount of money. If the Commission comes to a consensus on those three items, the proposed Annual Plan can be forwarded to the City Council for consideration. If additional information is necessary, an additional Public Arts Commission meeting can be scheduled to provide that information. Recommendation If the Commission comes to a consensus on the Annual Plan, the following motions can be made. 1. Motion/second to recommend approval of _________________ as the location for artwork. 2. Motion/second to recommend approval of _________________ as the type of artwork. 3. Motion/second to recommend approval of $_______________ from the Art Fund for the 2011/2012 Annual Plan. PREPARED BY: Jeff Anderson Acting Planning Director Examples of Direct Purchase of Art The Grove Shopping Center – Los Angeles Examples of Direct Purchase of Art City of Sante Fe Springs City of West Covina Memorandum AGENDA TO: Andrew G. Pasmant, City Manager ITEM NO. 7 and City Council DATE July 19, 2011 FROM: Frank J. Wills, Chief of Police SUBJECT: GRAFFITI REMOVAL SERVICE CONTRACT RECOMMENDATION: It is recommended that the City Council accept the bid of Superior Property Services, Inc., of Pico Rivera, for comprehensive graffiti abatement services, for a 3-year contract, for an amount not to exceed $10,390 per month ($124,680 per year), as submitted. DISCUSSION: The City's graffiti abatement contract with Superior Property Services Inc. expired on December 31, 2009. Since the end of the contract Superior Property Services has provided service on a month to month basis and agreed to continue that service through July 2011. The RFP (attached) detailed the graffiti abatement services required by City—specifically comprehensive and timely graffiti removal, on both public and private property, utilizing clean vendor vehicles and water, powder, and/or sand-blasting equipment, and including documentation and uploading of digital images, coordinating with City staff, and fulfilling other special service requests as required (including emergency/after-hours abatement). A Request for Proposals (RFP) was prepared and distributed through the Finance Department. The RFP was electronically advertised and also directly mailed to eighteen graffiti abatement service providers between June 6th and June 22nd, 2011. Mandatory bidder's conferences were held on June 21st and June 28th, 2011, with five interested vendors in attendance. Three bids were ultimately received prior to the July 5th, 2011 bid opening deadline. The following is a summary of each bid in order of cost:  Tymeline Technology: The bid amount was on a per site basis, with costs split between public property ($8.90 per site, not to exceed $8,890 per month) and private property ($13.00 per site, not to exceed $945.00 per month.) The bid amount is not to exceed a total cost of $9,835 per month ($118,020 per year.) In terms of cost, Tymeline Technology was the lowest—however, there are concerns with this bid. Although Tymeline does have the appropriate State contractor’s license (C33), Tymeline Technology is not listed as a corporation, limited liability company or limited partnership by the California Secretary of State, and the business address provided is a residential home in the City of Chino. The other vendors who responded to the RFP are corporations recognized by the State of California. Tymeline Technology provided the City with no documentation demonstrating the quality of their work, or any references with which to evaluate their business history and experience, as required in the RFP. While Tymeline Technology may ultimately prove to be a capable company, there is insufficient information provided to staff to verify the company’s ability to handle a large volume of graffiti hotline complaints, provide administrative support, or provide all of the services listed in the RFP specifications.  Superior Property Services, Inc.: The bid amount was on a per site basis, with costs split between public property ($8.90 per site, not to exceed $9,490 per month) and private property ($13.75 per site, not to exceed $900 per month). The bid amount is not to exceed a total cost of $10,390 per month ($124,680 per year.) In terms of cost, Superior Property Services, Inc., ranked second, and the bid clearly met all of the job specifications as detailed in the RFP. Superior Property Services, Inc. is currently licensed in Pico Rivera and West Covina, and has the appropriate state contractor’s license (C33). City staff has over four years of positive working experience with Superior Property Services, Inc. and their qualifications have been demonstrated by the work they have accomplished. Additionally, Superior Property Services, Inc. provided impressive references from city and county governments from Los Angeles, Orange and San Bernardino Counties. Based on the documentation provided and their many decades of business history, Superior Property Services, Inc. is clearly capable of providing all services required in the RFP specifications.  Urban Graffiti Enterprises Inc.: The bid amount was on a per site basis, with costs split between public property ($11.50 per site, not to exceed $12,000 per month) and private property ($12.00 per site, not to exceed the $12,000 per month as stated in the public property maximum.) The bid amount is not to exceed a total cost of $12,000 per month ($144,000 per year.) In terms of cost, Urban Graffiti Enterprises Inc. ranked the highest, and the bid clearly met all of the job specifications as detailed in the RFP. Additionally, Urban Graffiti Enterprises Inc. is currently a licensed business in the city of Azusa, and has the appropriate state contractor’s license (C33). Urban Graffiti Enterprises Inc. was the graffiti abatement contractor during a previous contract with the City. While serving as the City’s contractor there were mixed reviews concerning the level of performance satisfaction and extra staff oversight required by Urban Graffiti. However, based on the documentation provided and past experience, Urban Graffiti Enterprises Inc. is capable of providing services as detailed in the RFP. ALTERNATIVES: The City Council may consider an alternative, as follows:  In order to conserve the City’s fiscal resources, the City could accept the bid of the lowest responsive graffiti abatement bidder, Tymeline Technology of Chino, for an amount not to exceed $9,835 per month, and report back to the City Council in six (6) months regarding their level of success in meeting the contractual requirements detailed in the RFP. FISCAL IMPACT: The bids received from each contractor are based on a per site cost for private property and a per site cost for public property, each with a monthly cap. Name Monthly Cost (not to exceed) Annual Cost (not to exceed) Tymeline Technology $9,835 $118,020 Superior Property Services Inc. $10,390 $124,680 Urban Graffiti Enterprises Inc. $12,000 $144,000 ATTACHMENT 1: RFP as provided to service providers ATTACHMENT 2: Tymeline Technology bid. ATTACHMENT 3: Superior Property Services Inc. bid. ATTACHMENT 4: Urban Graffiti Enterprises, Inc. bid. Prepared by: Ron Allen, Sergeant Reviewed/Approved by: ___________________________ Frank J. Wills, Chief of Police Finance Room 308 • 1444 W Garvey Avenue • West Covina CA 91790 • Phone (626) 939-8438 • Fax (626) 939-8664 Finance Department June 6, 2011 Request for Proposal The City of West Covina invites competitive proposals for the following service: “GRAFFITI REMOVAL SERVICE PER CITY OF WEST COVINA PURCHASING SPECIFICATION 0611-A” Specifications are enclosed. Interested suppliers are requested to submit one (1) original proposal and two (2) copies to the Purchasing Division located at 1444 W. Garvey Ave., Room 308, West Covina, California. Proposals may be mailed to P.O. Box 1440, West Covina, California 91793. Proposals must be received before the hour of 11:00 A.M. on Tuesday, July 5, 2011, at which time the proposals shall be publicly opened. Late bids and facsimile proposals will not be accepted. Proposals must be submitted in separate sealed envelopes with the words “GRAFFITI ABATEMENT, 0611-A” noted on the front of the envelope. For the purpose of answering questions and clarifying details, an open Vendors’ Conference will be conducted at 3:00 P.M. on Tuesday, June 21, 2010 in the Community Room located on the first floor of West Covina City Hall, which is located at 1444 W. Garvey Ave., West Covina, CA. Due to the nature of information to be disseminated at the conference, attendance is mandatory for any firm wishing to submit a proposal. Vendors may elect to appear in person or use a third party representative. With the exception of the bidder's conference, no oral interpretations will be made to any supplier as to the meaning of the Request for Proposals. Interpretations, if made, shall be in the form of a written Addendum and sent to all contractors to whom this RFP has been issued. The City of West Covina reserves the right to reject any or all proposals and/or waive any informality therein. Each proposal shall constitute an offer to provide the service described herein at the price quoted and shall not be withdrawn for a period of ninety (90) days after the opening date. Questions concerning specifications will be answered at the mandatory Vendors’ Conference. Questions regarding the City purchasing procedures should be referred to the Purchasing Division at (626) 939-8438. Sincerely, Maria G. Delira Sr. Admin. Asst. Attachment PURCHASING SPECIFICATION GRAFFITI REMOVAL SERVICE Page No: 1 of 12 Spec. No: 0611-A Effective Date: 6/6/11 Approved by: GENERAL The City of West Covina is soliciting proposals for Graffiti Removal Services. Proposals will be accepted only from parties that are free of all obligation and interests that might conflict with the best interest of the City, and have the capacity to provide services on a timely basis. All work, including the disposal of materials, will be done in accordance with all federal, state and local laws, and ordinances. A State of California Contractor’s Class C-33 license is a requirement of any company submitting a bid. It is the City’s intention to procure graffiti removal services that provide the best combination of quality, proven reliability and performance at the best cost to the City. The City specifically invites cost savings or quality improving alternates. Any alternative or deviation from the specifications should be clearly indicated and described in your bid response. A performance evaluation/demonstration may be required to assure that the materials/supplies are suitable for the City’s purpose. As the Headquarters City of the East San Gabriel Valley, the City of West Covina has a strong commitment to the removal of graffiti. West Covina is a recognized leader in effective graffiti abatement and the arrest and prosecution of graffiti criminals. Prospective contractors should be aware how important they are to West Covina public safety and the degree to which they will be scrutinized by City officials and the public in general. In 2009, there were 17,176 sites removed; in 2010, there were 15,904 sites removed. For the purpose of this proposal, and as defined in the West Covina Municipal Code (Sec. 15-98), graffiti is any unauthorized inscription, symbol, design, and/or configuration of letters and/or numbers written, drawn, scribed, etched (limited to painted surfaces excluding mirrors, glass and/or plastic), marked, painted, stained, stuck on or adhered by any means whatsoever (commonly known as stickers), to any surface whether publicly or privately owned, including but not limited to, trees, signs, mailboxes, poles, fixtures, utility boxes, trash containers, walls, windows, roofs, paths, fences, walks, streets or pavement, under/overpasses, tunnels, bridges, trestles, drainage facilities, buildings and/or the interior or exterior of any other structure or surface. CONTRACT PERIOD The contract shall be for a three (3) year period. Upon mutual agreement of the City of West Covina and the service provider, this contract may be renewed on a year-to-year basis at the prices bid. The City reserves the right to modify the levels of service, type of service, and other factors which the City deems necessary to meet its purposes through negotiation with the Contractor. SCOPE OF SERVICE A. Methods for Rehabilitation of Graffiti Covered Surfaces Subject: GRAFFITI REMOVAL SERVICES Page No: 2 The methods for graffiti removal from various surfaces shall include the following: 1. Stucco walls - Apply adequate coats of matching color exterior stucco paint to remove Graffiti. 2. Wood walls - Apply adequate coats of matching exterior wood paint to remove Graffiti. 3. Concrete walls - Wire brushing, painting or the application of solvent. Use graffiti resistant sealant where necessary. 4. Fences - Wire brushing, painting, or the application of solvent. Use graffiti resistant sealant where necessary. 5. Curbs, sidewalks, signs (other than city-owned traffic signs), bridges, utility poles, and other structures on private property – Water blast, repaint, or clean with solvents. 6. Unpainted surfaces that can be water blasted or otherwise removed without paint should not be painted over. Unpainted surfaces, including the various surfaces noted above and those not listed, shall not be painted over to remove graffiti. Removal of graffiti from unpainted surfaces shall use a method so as not to alter the unpainted surface, e.g. water blasting, solvents, sand blasting, wire brush, etc. 7. If applicable and consistent with the intent of color matching, and if method does not damage or alter the original surface, other abatement methods may be used other than those listed. 8. All paint used to paint over existing painted surfaces shall be compatible with the underlying paint and shall be of equal or greater quality. In cases of dispute, final determination will rest with the representative of the City of West Covina. 9. To promote uniformity, walls with obvious adjacent patchwork or graffiti within 3-5 feet of each other shall be painted over with a matching color. 10. Etched items – Etchings that can be repaired by painting shall be handled by the contractor (excluding glass or mirrors). If the contractor is aware of etched glass, it is the contractor’s responsibility to report the etched glass or mirrors to the City. 11. Debris and other excess material originating from the graffiti removal process shall be removed from the site. Disposition of all combustible and non-combustible materials, debris, rubbish or litter shall be the responsibility of the Contractor. Full compensation for furnishing all labor, tools, and equipment, and performing all work shall be included in the pricing listed in the proposal. 12. The graffiti shall no longer be visible after removal. The entire area shall be placed in a neat and orderly condition before the work will be considered complete. B. Graffiti Removal: Graffiti sites include ALL public, private, and commercial property within the city limits of West Covina including such areas as roofs and remote areas of City parks. For your convenience, a Property Graffiti Matrix that lists known graffiti sites frequently hit within West Covina requiring routine removal frequencies is provided as Exhibit A. The Matrix also shows the City’s minimum requirement responses to these frequently hit areas. It is imperative that those sites marked “DAILY” on the Subject: GRAFFITI REMOVAL SERVICES Page No: 3 Graffiti Matrix are thoroughly abated of graffiti on a daily frequency basis, regardless of phone call reports. It should be noted, however, that this list in no way limits other areas/sites covered under this contract. The only areas of exception not covered under this contract are: City traffic signs (as defined by the “Manual of Uniform Traffic Control Devices” and as determined by the City Engineer), City facility construction sites, freeway mainlines (including ON and OFF ramps), CalTrans areas and unincorporated areas lying outside the boundary of the City limit, the inside of the LA County flood control channels (not the access roads). The City reserves the right to determine any and all areas that should be covered under this contract. Graffiti at locations outside of the City limits, but visible from within City limits are exempted. The priority system should be in consecutive order of calls received to meet the response time, except when racial slurs, pornographic content, special City requests, or a specific individual is targeted for retaliation. These examples will take priority. This section should also include how graffiti will be removed, which circumstances will require which methods (paint, solvents, or water, powder and/or sand blasting), monitoring program in addition to calls received, and standards to which the contractor will conform in performing these services. This includes, but is not limited to, the method used for matching the color of the graffiti area to the existing surface for areas where paint will be used. If water, powder, and/or sand blasting will be utilized, please specify on what surfaces it would be used. Additionally, the contractor will need to be able to demonstrate its effectiveness for removal, for minimizing any damage to property, environmental impacts such as runoff to storm drains, and for conserving resources. Unpainted surfaces should not be painted over, but should be water blasted or otherwise removed without paint. The Contractor shall inform the City and list the justification of those unpainted surfaces that will require paint PRIOR to painting them. The City reserves the right to deploy the Contractor as needed within the City limits. Including, changing the graffiti matrix schedule to meet graffiti abatement timeliness needs. C. Special Services From time to time, the City will request special services. This may include emergency abatement that will require the immediate removal of graffiti that may involve weekend abatement. The City may also request the painting of entire wall surfaces, light posts, or other surfaces to give a uniform appearance. The contractor must specify the manner in which this would be done and any costs to the City. To help reduce hot line calls from private property owners, a program shall be in place that shall make matching abatement paint available to those private property owners that are frequently hit. D. Scope of Work Increase/Decrease It is understood that this specification’s description of work is the City’s present service requirements only, and the scope of work may increase or decrease during the term of the contract. Any change in the scope of work and resulting compensation may be negotiated prior to implementation, and shall be in writing approved by the City of West Covina. E. Paint Matching A patchwork-look is not acceptable. To avoid a patchwork appearance, patchwork or graffiti within 3- 5 feet of each other shall require that the entire surface be painted over with a matching color. Every effort shall be made to match existing paint as closely as possible. The City representative will be Subject: GRAFFITI REMOVAL SERVICES Page No: 4 responsible to determine if paint is matched or not. The bid shall include the method and process of matching the paint and the quality of the paint match and location of where the paint matching will be conducted. Mismatched paint shall be redone to match at no additional cost to the City. If matching is not possible, the entire surface shall be painted over with the closest match possible. F. Inspection The City reserves the right to make all final determinations as to whether the work has been satisfactorily completed. In the event that results of the graffiti removal is considered unsatisfactory by the City representative, the contractor shall be required to reclean the unsatisfactory area at no cost to the City. Said service shall be performed without interruption in the regular cleaning schedule. G. Response Time This should include an estimate for the average response time for the removal of reported graffiti. The successful bidder should be able to demonstrate an average response time of 24-48 hours including weekends. Obscenity or racial slurs type graffiti shall be removed immediately on the same day or within a maximum of 24 hours. Include your days and hours of operation. H. Graffiti Hotline and Email Site A 24-hour local or toll-free number has been established for the purpose of receiving reports of sites. Describe how your firm will monitor and track the response time from when the call is received to when the graffiti is removed. Provide the voice mail script that the public will receive when they call in. The City reserves the right to monitor the Hotline. The contractor shall also check for reported graffiti on the City’s web site, graffiti@wcpd.org. I. Communication A contract of this nature requires ongoing communication between various City department personnel and the contractor. Any contractor awarded a contract as a result of this bid is expected to notify the City representative of reported graffiti that is outside the scope of service (i.e. City traffic signs, outside incorporated city boundaries, etc.) as outlined in this specification, or that the contractor is unable to abate such as mirror etchings, etc. The contractor is expected to communicate to the City representative on problems encountered related to matching, property damage, access problems, inability to remove graffiti, calls not within the City limits, etc. Include how communication will be coordinated with the Police Department to help catch the individuals committing the crimes. Demonstrate the type of communication that will be coordinated with the Police Department as a Crime Prevention Program coordinating and sharing information and resources. J. Service Complaints Indicate what methods the company utilizes to ensure quality control in such areas as customer service, response time, color matching and Hotline management. Explain how service complaints are handled. K. Private Property Waiver of Liability Access Release Subject: GRAFFITI REMOVAL SERVICES Page No: 5 It is the contractor’s responsibility to obtain a release form from the owners of private property before entering property for graffiti removal purposes. A sample Waiver of Liability form is herewith attached to this specification. The contractor shall notify the City representative of any case where the property owner refuses to sign or has not responded to the Waiver of Liability form. These cases will be referred to the Community Enhancement Division for enforcement. Obtaining signed release forms shall not waive the contractor’s response time obligation for graffiti removal. If the contractor believes that this process will impact their removal response time obligation, the contractor shall inform the City representative with an expected time frame for removal not to exceed two (2) weeks. Signed Waiver of Liability forms shall be the property of the City of West Covina. The contractor shall maintain an inventory of the Waiver of Liability forms, and an updated list of forms shall be submitted with the contractor’s monthly statements. L. Public Education/Publicity In an effort to try and discourage youth from graffiti, a public school education plan for the promotion of the program should be included that demonstrates the contractors community involvement with the school districts. This includes an ongoing publicity plan or program for the hotline phone number. M. Monthly Statement A summary of activity will be mailed and electronically submitted every month that details all costs to the City, e.g. labor, materials and supplies, and administrative time. N. Monthly Report The monthly report will be mailed and electronically submitted with the monthly statement, and will be used by the City to monitor the contract. The report will include: 1. Number of sites completed during the month 2. Total square feet of graffiti removed 3. Number of service complaints received Note: The Police Department utilizes web-based graffiti tracking software to gather graffiti intelligence and investigate, arrest, and prosecute graffiti criminals. The graffiti tracking software also tracks the number of sites completed and the square footage of graffiti removed from each site. For monthly reporting purposes, the contractor will use the number of sites removed and the square footage as listed by the graffiti tracking software. It is imperative that each site of graffiti be properly photographed prior to removal, to ensure credit for the work completed. O. Work Order A work order does not need to be completed for each site. For billing purposes, the contractor will use the monthly number of sites removed as listed by the graffiti tracking software. It is imperative that each site of graffiti be properly photographed prior to removal, to ensure credit for the work completed. P. Cost Analysis All labor costs, materials and supplies, and administrative time should be broken down into an hourly and/or per graffiti site charge. Subject: GRAFFITI REMOVAL SERVICES Page No: 6 Q. Professionalism All work by contract personnel shall be performed in a professional, courteous manner. Discourtesy, rudeness, or the use of profanity will not be tolerated, and shall be grounds for immediate removal of the offending employee from performing work under any contract awarded as a result of this specification. The City reserves the right to request the removal of any employee who is deemed unacceptable for any reason. An adequate number of trained personnel shall be assigned by the contractor to perform the work described in these specifications. All personnel assigned to perform work for the City of West Covina must be physically capable of performing all duties as assigned, and must present a physical appearance acceptable to the City. The final decision as to the acceptability of any individual performing work under any contract awarded as a result of this specification shall rest with the Chief of Police for the City of West Covina. The contractor shall be required to provide on-site, supervisory personnel of a high professional caliber. All contract crewmembers shall have a working knowledge of the English language. The supervisory personnel shall conduct monthly inspections to determine that work is being performed in accordance with the highest graffiti removal standards and within acceptable timeframes. Said supervisor must have the authority to respond immediately to situations upon request by the City representative. Vehicles used at graffiti abatement job sites shall be clean and presentable. The contractor’s name and license number must be visible on all of the contractor’s vehicles that are used at the job sites. It is also recommended that the graffiti hotline telephone number be displayed on the vehicles. List the company’s number of years of experience and any professional licenses, including the contractor’s California State Contractor’s license number, certificates and/or special training obtained/held by the company or employees. R. References A list of references that includes businesses and/or people for which you have provided graffiti removal services. Include the name(s) of the principal person who approved/supervised your work, the name and address of the business, and the telephone number. S. Safety The importance the City attaches to safety cannot be overemphasized. As the safety of the public and City staff is regarded as of prime importance, the Contractor shall conduct his/her operations so as to cause the lease possible obstruction and inconvenience to pedestrian traffic. In the event any work operation that is the contractor's responsibility results in a safety hazard or problem of an emergency nature, the contractor will be required to immediately initiate corrective action and to inform the City of the final disposition of the particular problem. The City reserves the right, at its discretion, to disallow payment for any work performed where the proper safety precautions were not being observed. Applicable provision of the following shall be incorporated into the specifications for this contract: 1. State Occupational Health and Safety Law of 1973 (Cal OSHA) Section 6300 Et Seq. of California Labor Code. Subject: GRAFFITI REMOVAL SERVICES Page No: 7 2. City of West Covina Municipal Code, other Federal, State, or Municipal acts, statutes, rulings, ordinances, decisions or regulations that in any manner affect those employed or the materials used in the execution of this contract. 3. All subsequent revisions and supplements to the above documents. T. Graffiti Camera Responsibilities The Police Department utilizes web-based graffiti tracking software to gather graffiti intelligence and investigate, arrest, and prosecute graffiti criminals. This is an important and vital tool for the City of West Covina and several hundred arrests are made annually as a direct result of this practice. The use of specialized GPS enabled cameras to photograph graffiti is a critical component of the process. The Police Department will furnish cameras and training in their use to the contractor for crews assigned to the City under this contract. Contract crewmembers shall photograph each piece of graffiti prior to abatement and upload these photographs via the web in the manner prescribed by the Police Department. Cameras will be maintained by the Police Department, including repairs and replacement for routine wear and tear. Cameras lost or damaged by contractor negligence shall be replaced by the contractor. VENDOR'S CONFERENCE For the purpose of answering questions and clarifying details, an open bidders’ conference will be conducted at the time, date and place specified on the attached cover letter. With the exception of the bidder's conference, no oral interpretations will be made to any officer as to the meaning of the RFP documents. Interpretations, if made, shall be written in the form of an Addendum and sent to all officers to whom this Request for Proposal has been issued. Due to the nature of information to be disseminated at the conference, attendance shall be mandatory for any firm wishing to submit a quotation. Vendors may elect to appear in person or use a third party representative. EVALUATION CRITERIA Proposals will be evaluated based upon the following criteria: A. An evaluation of the quality, maturity and financial stability of the firm. B. An evaluation of the firm's ability and experience in providing the service offered, including: experience with local government, scope of activities covered, length of time involved, level of client satisfaction, cost/benefit relationship and relative success. C. An evaluation of the experience and training of the personnel the firm will be committing for assignments at the City. D. An evaluation of the approach and related costs. When and if all other factors are considered equal, cost will be the deciding criteria. INSURANCE The contractor shall furnish the City certificates of insurance prior to the execution of the contract demonstrating Subject: GRAFFITI REMOVAL SERVICES Page No: 8 that the following coverage is in effect and in accordance with the specifications. 1. Workers’ Compensation The Contractor shall provide and maintain in full force Workers’ Compensation Insurance in accordance with the Labor Code throughout the life of any contract entered herein. The Contractor agrees to hold the City and its agents free and harmless from any and all claims/actions that may arise by reason of injury to any employee of the Contractor. Contractor agrees to indemnify the City of West Covina, and any officer, employee or agent and hold the City of West Covina, and any officer, employee or agent thereof harmless from any and all claims, liabilities, obligations and causes of action of whatsoever kind or nature for injury to, or death of, any person (including officers, employees and agents of the City of West Covina), and for injury or damage to or destruction of property (including property of the City of West Covina), resulting from any and all actions or omissions of contractor or contractor’s employees, agents or invitees, or any subcontractor of contractor or any of such subcontractor’s employees, agents or invitees. 2. Public Liability and Property Damage The Contractor shall maintain during the life of any contract entered into public liability and property damage insurance in which the City shall be named as an additional insured, and which shall protect the Contractor or any subcontractor performing work covered by the contract from claims for personal injury, including accidental death as well as for claims for personal damages which may arise from the operations under any contract entered into whether such operations shall be performed by the Contractor or any subcontractor, or by anyone directly or indirectly employed by any one of them. The limit of liability for such insurance shall be as follows: * General Liability a. General Aggregate $2,000,000 b. Products Comp/ OP AGG 2,000,000 c. Personal & Adv Injury 1,000,000 d. Each Occurrence 1,000,000 e. Fire Damage (any one fire) 50,000 f. Medical Expense (any one person) 5,000  Automotive Liability Any vehicle, combined single vehicle $1,000,000  Workers’ Compensation and Employees’ Liability a. Workers’ Compensation Statutory Limits b. El Each Accident 1,000,000 c. El Disease - Policy Limit 1,000,000 d. El Disease - Each Employee 1,000,000 The issuing insurance company must have A.M. Best rating no less than A-:VII. Subject: GRAFFITI REMOVAL SERVICES Page No: 9 All said insurance policies, as described in this section, shall provide that the same is non-cancelable except upon thirty (30) days written notice to the City. DEFAULT OF CONTRACTOR The City of West Covina shall hold the contractor responsible for any damage that may be sustained because of the failure or neglect of the contractor to comply with any term or condition listed herein. It being specifically provided and agreed that no change or substitution shall be made in the service offered without prior City approval. If the successful supplier fails or neglects to furnish any of the services at the prices and time agreed upon, or otherwise fails or neglects to comply with the terms and conditions of the agreement, the City may, upon written notice to the contractor, cancel or rescind any or all parts of this agreement including, but not limited to the hiring of undocumented aliens, and may procure the required products/services elsewhere without notice to the contractor. The prices paid by the City at the time of award shall be considered as prevailing TERMINATION OF CONTRACT Upon the determination of the City of West Covina Chief of Police that the quality of service does not meet the standards set by the City of West Covina as outlined in these specifications, and/or for convenience and/or non- compliance of other provisions of any contract entered into, and/or the contractor makes the administration of this contract unduly burdensome for City Staff, the City may terminate this agreement upon thirty (30) days written notice to the Contractor. TERMS AND CONDITIONS 1. ASSIGNMENT OF CONTRACT: Supplier shall under no circumstances assign this contract or any part thereof to another party without express written permission of the City of West Covina. 2. INDEPENDENT CONTRACTOR STATUS: It is expressly understood that the contractor named in any contract entered into by the City is acting as an independent contractor and not as an agent or employee of the City of West Covina. 3. CITY BUSINESS LICENSE The contractor shall possess a valid City of West Covina business license prior to execution of the contract and for the duration of the contract. 4. NON EXCLUSIVE CLAUSE: The City does not warrant to contract exclusively with a single supplier to provide the products bid. 5. APPROPRIATION OF FUNDS: If the term of this agreement extends into fiscal years subsequent to that in which it was approved, such continuation of the contract is subject to the appropriation of funds for such purpose by the City of Subject: GRAFFITI REMOVAL SERVICES Page No: 10 West Covina City Council. If funds to effect such continued payment are not appropriated, the contractor agrees to terminate any goods or service supplied to the City under this agreement. 6. SUPPLIER SELECTION: Goods/services procured by the City of West Covina shall be from the lowest responsible bidder. In addition to price, the "lowest responsible bidder" will be determined by consideration of the following: a) The quality, availability and suitability of the supplies, equipment or services to the particular use required. b) The ability, capability and skill of the bidder to perform the services required. c) Whether the bidder has the financial resources and facilities to perform or provide the services promptly, or within the time specified without delay or interference. d) The character, integrity, reputation, judgment, experience and efficiency of the bidder. e) The bidder's record of performance on previous contracts or services, including compliance by the bidder with laws and ordinances relative to such contracts or services. f) The ability of the bidder to provide future maintenance and service for the use of the equipment or materials to be purchased. g) The number and scope of conditions attached to the bid. 7. CONFLICT OF INTEREST: Except for items that are clearly promotional in nature, mass produced, trivial in value and not intended to invoke any form of reciprocation, employees of the City of West Covina may not accept gratuities, entertainment, meals or anything of value whatsoever from current or potential suppliers. The offer of such gratuity to an employee of the City shall be cause for declaring such supplier to be an irresponsible service provider and preventing him from bidding as provided in Sections 2.5-8 and 2.5-9 of Ordinance no. 1673 also known as the Code of the City of West Covina. 8. COMPENSATION: Payment shall be made to the supplier on a monthly basis within thirty (30) days of invoicing by the supplier contingent upon the approval of work by the City of West Covina. 9. ORAL PRESENTATIONS: An oral presentation by the service provider in final contention for award of an Agreement for services may be required as a regular part of the bid process. The purpose of the oral presentation would be twofold: first, to allow the service provider to demonstrate capabilities of the company and to clarify their responses to the RFP; second, to allow the City staff to meet the service provider's key personnel who would be assigned to this project. Attendance at such a presentation shall be at the expense of the service provider. 10. RIGHT TO NEGOTIATE PROPOSALS: Subject: GRAFFITI REMOVAL SERVICES Page No: 11 The City of West Covina reserves the right to negotiate any of the provisions, accept any part, or all parts of any or all proposals, whichever is in the best interest of the City, and the public.10. WITHDRAWAL OF SUBMISSION OF PROPOSALS: Any service provider may withdraw his submission of proposals, either personally or by written or facsimile request at any time prior to the time set for the proposals opening, 11. REJECTION OF SUBMISSION OF PROPOSALS: The proposal request does not commit the City of West Covina to award any contract. The City reserves the right, at its sole discretion, to reject any or all proposals without penalty, to waive irregularities in any proposals or in the proposal procedures, and to be the final judge as to which is the responsible, qualified proposal. Any proposal which contains items not specified, items which are incorrect, which does not complete all the items scheduled, or does not respond to items in the manner specified in this request, and proposals received by telephone, may be considered non responsive and may be rejected on these bases in the sole discretion of the City. Proposals offering less than 90 days for acceptance from the proposed closing date may be considered non responsive and may be rejected. Non-acceptance of any proposal will not imply any criticism of the proposal or convey any indication that the proposal was deficient. Non- acceptance of any proposal will mean that another proposal was deemed to be more advantageous to the City of West Covina, or that no proposal was deemed acceptable. 12. LETTERS OF OBJECTION If a supplier discovers any ambiguity, conflict, discrepancy, omission, or other errors in the RFP, he/she shall notify the City of West Covina in writing not less than ten (10) days before the date of opening. Inquiries concerning this RFP should be submitted in writing to the Purchasing Manager, Sue Sindelar, P.O. Box 1440, West Covina, CA 91793 and the envelope should be marked "GRAFFITI.“ Inquiries are to state the page and applicable RFP section(s) or paragraph number(s) to which the question(s) pertain. Clarification shall be given by written notice to all suppliers without divulging the source of the request, if deemed necessary. The RFP and all subsequent modifications are hereby designated as the sole reference and authority for the preparation of proposals and take precedence over any and all information related to the acquisition obtained from any source either by verbal or written communications. 13. PUBLIC INFORMATION: Except for proprietary information, clearly designated, all materials received relative to this request will become public information and be available for inspection as provided under the public records act (Government Code, Section 6200, et seq.). The City reserves the right to retain all proposals submitted, whether or not the proposal was selected or judged to be responsive. 14. PROPOSAL VALIDITY PERIOD: Submitted proposals shall be valid for at least ninety (90) days from the date of submission. 15. NEWS RELEASES: The service provider shall not make news releases pertaining to an award resulting from proposals made in response to the request without the prior written approval of the City of West Covina. In addition, the successful service provider must agree not to release any advertising copy mentioning the City of West Covina or quoting the opinion of any City employee without written approval by the City of West Covina. Subject: GRAFFITI REMOVAL SERVICES Page No: 12 16. BACKGROUND INFORMATION: The service provider shall submit a copy of its most recent financial statement and a brief statement describing corporate structure, size, year established, and type of services provided. 17. MINORITY AND WOMAN OWNED BUSINESSES: The City of West Covina herewith notifies all potential suppliers that it will insure that in any contract or purchase agreement entered into, that minority and woman owned business enterprises will be afforded full opportunity to participate in this procurement, and will not be discriminated against on the grounds of sex, race, color or national origin in the consideration for award. 18. CONFLICT OF INTEREST Except for items that are clearly promotional in nature, mass produced, trivial in value and not intended to invoke any form of reciprocation, employees of the City of West Covina may not accept gratuities, entertainment, meals, or anything of value whatsoever from current or potential suppliers. The offer of such gratuity to an employee of the city shall be cause for declaring such supplier to be an irresponsible bidder and preventing the bidder from bidding. The Statement of Non Collusion By Contractor form shall be signed and submitted as part of the bid proposal. Statement of Non Collusion by Contractor The undersigned who submits herewith to the City of West Covina a bid or proposal does hereby certify: a. That all statements of fact in such bid or proposal are true; b. That such bid or proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; c. That such bid or proposal is genuine and not collusive or sham; d. That said bidder has not, directly or indirectly by agreement, communication or conference with anyone, attempted to induce action prejudicial to the interest of the City of West Covina or of any other bidder or anyone else interested in the proposed procurement; e. Did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid or proposal, or that anyone should refrain from bidding or withdraw his bid or proposal; f. Did not in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid or proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his bid or proposal price, or that of anyone else; g. Did not, directly or indirectly, submit his bid or proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member agent thereof, or to any individual or group of individuals, except to the City of West Covina, or to any person/ persons who have a partnership or financial interest with said bidder in his business. h. Did not provide, directly or indirectly to any officer or employee of the City of West Covina any gratuity, entertainment, meals, or anything of value, whatsoever, which could be objectively construed as intending to invoke any form of reciprocation or favorable treatment. i. That no officer or principal of the undersigned firm is related to any officer or employee of the city by blood or marriage within the third degree or is employed, either full or part time, by the City of West Covina either currently or within the last two (2) years. j. That no officer or principal of the undersigned firm nor any subcontractor to be engaged by the principal has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy or any other act in violation of any state or federal antitrust law in connection with the bidding upon award of, or performance of, any public work contract, with any public entity, within the last three years. I certify, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct and that this certification was executed: On at California. Firm _____________________________________________ _________________________________________________ (Signature) Street _____________________________________________ __________________________________________ (Print Name & Title) City_______________________ State_____ Zip ___________ AGREEMENT FOR INDEMNIFICATION BY CONTRACTOR/VENDOR The City of West Covina requires contractors and suppliers of service to the City to indemnify and hold the City of West Covina harmless for claims or losses arising from or in connection with the contracting party’s work for the City of West Covina before a purchase order is issued. To eliminate misunderstandings between contracting parties and the City in case of a claim or lawsuit, the City of West Covina requires that contracting parties who perform services for the City sign this Agreement. This Agreement will act as and become a part of each contract/purchase order between the City of West Covina and the contracting parties signing the Agreement. In consideration of the opportunity of doing work for the City of West Covina and benefits to be received thereby, the contracting party agrees as follows: 1. That where a contract, purchase order or confirming order is issued by the City of West Covina awarding a contract, this Agreement is to be considered part of that contract. 2. Contractor agrees to indemnify the City of West Covina and any officer, employee or agent, and hold the City of West Covina and any officer, employee or agent thereof harmless from any and all claims, liabilities, obligations and causes of action of whatsoever kind or nature for injury to, or death of, any person (including officers, employees and agents of the City of West Covina), resulting from any and all actions or omissions of contractor or contractor’s employees, agents or invitees, or any subcontractor of contractor or any of such subcontractor’s employees, agents or invitees. 3. That the contracting party specifically waives the benefits and protection of Labor Code Section 3864 which provides, “If an action as provided in this chapter is prosecuted by the employee, the employer, or both jointly against the third person results in judgment against such third person or settlement by such third person, the employer shall have no liability to reimburse or hold such third person harmless on such judgment or settlement in the absence of a written agreement so to be executed prior to the injury.” This waiver will occur as to any contracts awarded by the City of West Covina to the contracting party to this Agreement while this Agreement is in force. 4. That this Agreement has been signed by an authorized representative of the contracting party, and such representative has the authority to bind the contractor/vendor to all terms and conditions of this Agreement. 5. That this Agreement shall be binding upon the successors and assignees of the contracting party to any contract with the City of West Covina. As a condition precedent to acceptance, and contracts from the City of West Covina and contracting party agree to advise its successors or assignees of this Agreement and to obtain their consent to its writing before the work of the representative successor or assignees begin; such assignment shall be effective with the written consent of the City of West Covina. 6. To promptly notify the City of West Covina of any change in ownership of the contracting party while this Agreement is in force. 7. In the event that this Agreement, contract, or purchase order is entered into with the West Covina Community Development Commission, wherever the term “City of West Covina” is indicated, it shall also be applicable to the West Covina Community Development Commission. This Agreement cannot be modified or changed without the express written consent of the City Attorney of the City of West Covina. On behalf of ________________________________________________________________________________________ (Name of Contractor/Vendor) ________________________________________________________________________________________ (Address) I agree to the terms of this Agreement. Signature ____________________________________________ Title ______________________________________ Return signed agreement to: City of West Covina Purchasing Division P.O. Box 1440 West Covina, CA 91793