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HomeMy WebLinkAboutCC AG PKT 2014-01-27 #H 5EA4 AGENDA STAFF REPORT DATE: January 27, 2014 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Sean P. Crumby P.E., Director of Public Works SUBJECT: AWARD OF CONTRACT FOR ANNUAL CITYWIDE TRAFFIC STRIPING, MARKINGS AND LEGENDS MAINTENANCE SUMMARY OF REQUEST: That the City Council adopt Resolution No. 6434 awarding a contract for annual Citywide traffic striping, markings and legends maintenance to J&S Striping Company in the amount of$202,432.50. BACKGROUND AND ANALYSIS: The City had historically provided roadway traffic striping, markings and legends maintenance with in-house staff. Over the years, as City maintenance staff positions were reduced and work assignments reprioritized, maintenance of roadway striping and legends was deferred and/or included with road resurfacing projects. However, roadway markings and striping fade over time and become difficult for motorists to see on the pavement surface. The City no longer has the equipment or manpower to provide the full complement of services required and as such, staff has prepared bid specifications and a contract scope of work to competitively bid these services and have the work completed by a private contractor. City staff still provide some related services such as painting red and green curbs, storm drain catch basin stenciling, and roadway traffic control sign installation. The scope of work includes the restriping and repainting of roadway legends and markings Citywide. In addition, the work will include the installation of raised pavement markers. The contractor shall serve on an on-call basis and the cost for these services shall be controlled by the unit bid pricing included in the contractor's bid. The term of the proposed contract is for three years with two potential one-year extensions available based on contractor performance and at the discretion of the City. The Fiscal Year 2013-14 Operating budget includes $50,000 in Gas Tax funds to provides these services. Gas Tax revenues are Agenda item— H restricted funds and can only be used to conduct maintenance and repairs within the road right-of-way. At the time the budget for these services was developed, staff estimated what the potential cost could amount to when competitively bid. However, increases in material and labor costs resulted in a bid price higher than what was originally budgeted. On December 19, 2013, the City Clerk's office received 4 bids with the following results: Rank Contractor Bid 1 J & S Striping Company, Inc. $ 67,477.50 2 Superior Pavement Markings $ 68,455.00 3 PCI $ 73,245.00 4 Cal Stripe Inc. $ 85,010.00 Based upon references, qualifications, work experience, and cost staff recommends the City Council award this contract to the lowest responsible bidder, J & S Striping Company in an annual contract not-to-exceed amount of $67,477.50. Since the proposed contract includes a three year term, the cumuluative contract amount over three years will amount to $202,432.50. The term of the agreement shall be from January 27, 2014 through January 26, 2017. Althought the cost of the contract exceeds the amount budgeted in the current fiscal year, it is important to note that approximately half of the annual contract cost will be expended by June 30, 2014. If approved, funding for future years will be included in the annual budget. ENVIRONMENTAL REVIEW: The proposed services are exempt from the California Environmental Quality Act (CEQA) under Title 14 of the State CEQA guidelines categorical exemption section 15031(G) because the services consist of maintaining existing pavement striping, markings and legends. The contractor is required to comply with all pertinent NPDES requirements. LEGAL ANALYSIS: The City Attorney has reviewed and approved the contract as to form. FINANCIAL IMPACT: A total of$50,000 was approved by the City Council for these services within the City's Gas Tax Fund in the FY 2013114 Operating Budget which is sufficient to Page 2 cover the contract costs of approximately $33,738.75 through June 30, 2014. In the future years the annual contract not-to-exceed amount is $67,477.50. RECOMMENDATION: That the City Council adopt Resolution No. 6434 awarding a contract for annual Citywide traffic striping, markings and legends maintenance to J&S Striping Company in the amount of$202,432.50. SUBMIT ED BY: NOTED AND APPROVED: Sean P. Crumby, P.E. ill . Ingram, Ci M nager Director of Public Works Prepared by: Luis Estevez, Deputy Director of Public Works Maintenance & Utilities Attachments: A. Resolution No. 6434 B. Agreement—J &S Striping Company Page 3 RESOLUTION NUMBER 6434 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING A CONTRACT FOR ANNUAL CITYWIDE TRAFFIC STRIPING, MARKINGS AND LEGENDS MAINTENANCE THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: SECTION 1. The Qty Council hereby approves m three-year contract to J&S Striping to provide annual Citywide pavement shiping, markings and legends maintenance in the amount of $202,432.50 ($67.477.50 annually). The initial term of the contract shall commence nn January 27. 2O14 and expire onJanuary 20. 2017. with two additional puhunUu| one-year contract extensions available based on contractor performance and at the discretion of the City. SECTION 2. The C1h/ Council hereby directs the City Manager to execute the contract on behalf ofthe Qb/. SECTION 3. The City Clerk shall certify tothe passage and adoption of this resolution. PAGSED. APPROVED and ADOPTED by the Soo| Beach City Council at regular meeting held nn the_271h_day of _January , 2O14by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OFORANGE } SS CITY 0F SEAL BEACH } |. Linda Devine, City Clerk ofthe City nfSeal Bearh, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6434 on file in the offioo of the C|h/ C|erh, paoeed, appmvud, and adopted by the Seal Beach City Council ata regular meeting held nnthe 27th_ day of Janua[y, 2014. City Clerk MAINTENANCE SERVICES AGREEMENT Between SEAL w. pa C:) NT City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 AS Striping Company, Inc. 1544 S. Vineyard Avenue Ontario, CA 91761 (909) 947-8073 This Maintenance Service Agreement ("the Agreement") is made as of January 27, 2014 (the "Effective Date"), by and between J&S Striping Company, Inc., ("Contractor"), a California Corporation, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). I of 16 57296-000111 236808vl.doc RECITALS A. City desires certain roadway striping, legends and markings maintenance services. B. Contractor represents that it is qualified and able to provide City with such services, NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Contractor shall provide those services ("Services') set forth in the attached Exhibit A, which is hereby incorporated by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Contractor shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City, 1.3. In performing this Agreement, Contractor shall comply with all applicable provisions of federal, state, and local law. 1.4. Contractor will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize payment for such work up to a cumulative maximum of $10,000. Payment for additional work in excess of$10,000 requires prior City Council authorization. 2.0 Term This term of this Agreement shall commence as of the Effective Date and shall terminate on January 26, 2017 unless previously terminated as provided by this Agreement. An additional two (2) one-year contract extensions are available based upon the Contractor's performance and at the discretion of the City. 3.0 Contractor's Compensation City will pay Contractor in accordance with the bid schedule set forth in Exhibit B for Services for a cumulative amount not to exceed $202,432.50 for the initial three-year term. Any additional work authorized by the City pursuant to Section 2 of 16 S7296-0001\1236808v1 doe 1.4 will be compensated in accordance with the bid schedule set forth in Exhibit B. 4.0 Method of Payment 4.1. Contractor shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the unit bid prices charged, and the services performed for each day in the period. City will pay Contractor within 30 days of receiving Contractor's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Contractor. 4.2. Upon 24-hour notice from City, Contractor shall allow City or City's agents or representatives to inspect at Contractor's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this Agreement. City's rights under this Section 4.2 shall survive for two years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Contractor based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Robert Aragon is the Contractor's primary representative for purposes of this Agreement. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit 3 of 16 S7296-0001\1236808v1.doc in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211-8th Street Seal Beach, California 90740 Attn: City Manager To Contractor: J&S Striping Company, Inc. 1544 S. Vineyard Avenue Ontario, CA 91761 Attn: Robert Aragon 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent Contractor 8.1. Contractor is not an employee of the City. All services provided pursuant to this Agreement shall be performed by Contractor or under its supervision. Contractor will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 8.2. Contractor shall indemnify, and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Contractor's personnel practices. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 9.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Contractor is fully responsible to City for the performance of any and all subcontractors. 4 of 16 S7296-0001 kl 2368OBvI.doc 10.0 Assignment Contractor shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 11.0 Insurance 11.1. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Contractor has secured all insurance required under this Section. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at anytime. 11.2. Contractor shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement as well as a labor and materials bond as noted in Exhibit C. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2)Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2)Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 11.3. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3)coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain 5 of 16 57298-0001\1 236808vl.doe of coverage excess of the Contractor's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (5)for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible. 11.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 11.5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Contractor guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2)the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 12.0 Indemnification, Hold Harmless, and Duty to Defend Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, volunteers and agents serving as independent contractors in the role of city officials (collectively "Indemnitees") free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any acts or omissions of Contractor, its employees, or its agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses, except for such loss or damage arising from the sole negligence or willful misconduct of the City. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees, Contractor shall defend Indemnitees, at Contractor's own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to 6 of 16 57296-0001\1 236808vi.doe, insurance proceeds, if any, received by Contractor, the City, its directors, officials, officers, employees, agents or volunteers. All duties of Contractor under this Section shall survive termination of this Agreement. 13.0 Equal Opportunity Contractor affirmatively represents that it is an equal opportunity employer. Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 14.0 Labor Certification By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 15.0 Entire Agreement This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. 16.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 17.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 18.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 7 of 16 57296-0001112368O8VI.doe 19.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 20.0 Prohibited Interests; Conflict of Interest 20.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants 'that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 20.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 20.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non- contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection. 21.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from 8of16 S7296-0001\1236808v1.doc the losing party all of its attorneys' fees and other costs incurred in connection therewith. 22.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 23.0 Corporate Authority The person executing this Agreement on behalf of Contractor warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that by his or her execution, the Contractor is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH By:. Jill R. Ingram, City Manager Attest, By: Linda Devine, City Clerk Approved as to Form: By: Quinn Barrow, City Attorney 9of16 S7296-000111236808vl A= CONTRACTOR By: Name: Its: e By: .... .......zlc�� Name: -T A-ZA C- Its: 10 of 16 57296-0001�12368080.doc EXHIBIT A SCOPE OF WORK Work To Be Done Work to be done consists of furnishing all labor, supervision, methods of processes, implements, tools, machinery, safety equipment, traffic control, materials and proper licensing required to identify, list and perform pavement marking services in those areas designated by the Deputy Public Works Director or authorized representative and to leave the grounds in a neat condition. The scope of the pavement marking work may vary according to need. This contract covers pavement marking maintenance services. Improvement projects shall be bid out separately. The contractor shall serve on an on- call basis with the City providing approval of pre-designated areas of the City to conduct this work in. The Contractor shall furnish and maintain records designating exact locations and areas where restriping or stenciling work has occurred. Such reports shall be utilized for billing purposes as well as to create a master inventory of existing pavement striping and legends, and signed by the contractor and the Deputy Public Works Director or authorized representative in charge of overseeing the work. If the City representative determines that the contractor has not satisfactorily marked any facilities, he shall cause the payment for marking of such to be withheld until such time that the facilities are properly marked. All work for which a progress payment is made shall be reported on and certified according to the foregoing procedure, and in addition thereto, the Deputy Public Works Director or authorized representative shall certify that the work has been inspected and was completed to the satisfaction of the City prior to payment by the City. Authorization of Work Work will not be performed without prior approval and only as authorized by the Deputy Public Works Director or authorized representative. Progress of Work Work shall proceed in an orderly manner. Wherever possible, repair work shall be completely finished prior to workmen proceeding to the next location. Any exceptions shall be approved by the Deputy Public Works Director or authorized representative. Alterations The City reserves the right to increase or decrease the quantity of any item or portion of the work or to omit portions of the work as may be deemed necessary or advisable by the City. The Deputy Public Works Director or authorized representative may make such alterations or deviations, additions to, or omissions from these specifications, as may be determined during the progress of the work to be necessary and advisable for the proper completion thereof. Such alterations or deviations, additions or omissions 11 of 16 57296-0001 kl 236808vl A= shall in no way affect or make void the contract. Upon written order of the Deputy Public Works Director or authorized representative, Contractor shall proceed with the work as increased, decreased or altered. Acceptance of Work Done The Deputy Public Works Director or authorized representative will make inspections and determine that the work has been completed in all respects in accordance with these specifications. ,Billing Form, Records and Reports The contractor shall maintain a record of all work performed, including but not limited to location and types and amounts maintained/installed/removed. This record shall list the date(s) of the service and/or work performed. A copy of such record shall be provided to the City upon completion of each Work Order. The contractor shall return appropriate and completed Work Orders showing the date and inventory of work performed and it shall be attached to each invoice. Contractor shall provide a billing form and progress payment form approved by the Deputy Public Works Director or authorized representative. METHOD OF WORK The pavement marking program shall involve all work necessary to maintain and replace roadway markings on the traveled way. Work can include layout, removal of old stripe, painting of new or existing stripe, installation or removal of raised pavement markers and the use of tape or raised bars for pavement markings. This work includes painting over of existing thermoplastic striping, legends and markings. The Contractor shall follow the guidelines as set out in the latest edition of the Manual of Uniform Traffic Control Devices (MUTCD) and in Chapter 16 of the State of California Department of Transportation Highway Division (CalTrans) Maintenance Manual regarding the requirements and specifications for pavement delineation. All work shall be performed per the Standard Specifications for Public Works Construction (Green Book), Latest Edition. The Contractor shall be responsible and shall take necessary precautions to prevent public trespass into areas of work, during and following construction, until that time that the area is opened again to the public for their use. Rubbish and construction debris shall be disposed of to an approved dump site. After removal operations have been completed, the grounds shall be left in a neat and presentable condition, satisfactory to the Deputy Public Works Director or authorized representative. 12 of 16 57296-0001\1 236808vl.doc The Contractor shall verify the location of all utilities prior to construction, repair or maintenance, and shall be held liable for all damages incurred due to his operations. Materials Paint, reflectorized pavement markings, stencils, signs, and other materials shall meet the requirements set out in the latest edition of the Manual of Uniform Traffic Control Devices (MUTCD) and in Chapter 16 of the California Department of Transportation Division of Highways (CalTrans) Maintenance Manual and Section 214 of the Standard Specification for Public Works Construction, latest editions. The Deputy Public Works Director or his/her authorized representative may make changes to these requirements as deemed necessary. Traffic Control The contractor shall maintain a safe environment for the public while performing all work. Appropriate State/City traffic control standards and/or policies shall be adhered to for all work, in all instances. Personnel, vehicles, equipment, etc. shall be properly outfitted/equipped for the work being performed. Any restrictions, due to the work to be done, that cause travel ways to be less than State/City minimum requirement, shall have appropriate traffic control (in accordance with State specifications, policies, and procedures installed prior to the beginning of work and remaining until all work is complete. All traffic control shall, at a minimum, adhere to requirements of the Work Area Traffic Control Handbook (WATCH Manual). Payment for traffic control shall be included in the various bid items in the bid schedule. SicIns/Posts, The City may, at times, need to have the contractor install/remove/modify signage in conjunction with the appropriate pavement markings. A Work Order specifying sign type and material (constructed of) and post requirements will be detailed in a Work Order provided by the City. Any and all such costs associated with the work shall be in accordance with any or all parts of this agreement and/or prevailing rates/costs. NPDES Regulations The Contractor shall comply with all City regulations regarding NPDES (National Pollution Discharge Elimination System) Requirements and the City's Best Management Practices. Contractor shall not discharge anything to the storm drain or creek. Contractor will contain any materials that may potentially reach a City storm drain. Contractor shall implement the attached Best Management Practices (BMP's) provided by the City. Contractor will conduct annual training regarding stormwater regulations and the appropriate BMP's for all employees working at City facilities Contractor shall provide to the City annually, by July 1, with certification of the required training on stormwater regulations and the BMP's, and acknowledgement of adherence to these 13 of 16 S7296-000111236808v1.doc standards while performing work at the City. Protection of Existing Utilities The Contractor must take all due precautionary measures to protect all of the existing utilities. When necessary, the Contractor shall have all utilities located by contacting the responsible agency at least 48 hours prior to commencing any work. The Contractor's attention is directed to the one-call utility notification service provided by Underground Service Alert (USA). USA member utilities will provide the Contractor with the locations of their substructures when given at least 48 hour notice. Such requests should be requested through USA (1-800-422-4133). Extra Work 1. Extra work will not be performed without prior approval by the Deputy Public Works Director or authorized representative unless a condition exists wherein it appears there is danger of injury to persons or damage to property. 2. Extra work may be required by the Deputy Public Works Director or authorized representative as a result of acts of God, vandalism, theft, civil disturbances, accidents, or improvements. 3. Payment for extra work will be based on actual cost of labor; plus wholesale cost of materials, plus a 10% markup. Extra services other than those listed shall be negotiated on a time and material basis with a "not to exceed" amount. Protection of Private Property The Contractor must remain within the maintenance areas to the best of his ability. The Contractor must protect all existing private property. Protection of Maintenance Areas Contractor shall protect property and facilities adjacent to the maintenance areas and all property and facilities within the maintenance areas. After completion of project, the maintenance area shall be clean and in a presentable condition. All public or privately owned improvements and facilities shall be restored to their original condition and location. in the event improvements of the facilities are damaged, they shall be replaced with new materials equal or better to the original. Contractor shall repair such damage at their expense. Nothing herein shall be construed to entitle the Contractor to the exclusive use of any public street; way or parking area during performance of the contract work, and 14 of 16 S7296-0001\1236808v1.doc Contractor shall conduct his/her operations so as not to interfere with the authorized work of utility companies or other agencies in such streets, ways or parking areas. Withholding of Payment If, in the event that inadequacies/deficiencies are determined by the Deputy Public Works Director or authorized representative, the Contractor will have 24 hours from the time such items have been determined to be corrected as necessary. If Contractor fails to correct within 24 hours, Contractor shall be fined the amount previously determined at the time of the initial inspection. Deductions from the monthly payment due, for work not performed, will be based upon the bid worksheets, which are to be submitted at the time of bid, Meetings Contractors shall provide the Deputy Public Works Director or authorized representative with a contact person(s) and a phone number to reach the contract representative at all times, 24 hours per day. Contractor shall appoint and identify to Deputy Public Works Director or authorized representative a "site supervisor." This site supervisor shall meet with staff one (1) time per week at a time and place agreed upon by both parties for as long as the contract is in effect to discuss any problems/concerns which may arise and any goals for the day/week. 15 of 16 57296-0001 kl 236808vl.doc EXHIBIT B BID SCHEDULE (ATTACHED) 16 of 16 57296-0001 Nl 236808vl.doc Cite of Seat Beach California BID FOR ANNUAL CITYINIiDE TRAFFIC STRIPING, MARKINGS AND ECEND S -MAINTENANCE j IL�4ti.i'T`CIF ESTa 1?trt'i" �"I"EA?I NO. i 4TEM DESCRIPTION �. QTS'. PRICE CClST I Srrt le Solid Yellow 4- . .,�.,. L.F6. 25,Mo i s j i 4 t? 1 2. Rouble Solid Yellow 4' j L.F. . 12 3+two OCI 3. Ski & Solid Yellow 4" L.F. 45'(10Q . 12 1 Ism §I Yellow 4" L.F. 11400 g Continuation Skip Yellow 40,000 � } � � F Line 4 L.F. . G►'? i s �,... f» 35,OOQ S $ 'tom � r Skip White 4" � L.F, 07 7. Solid White 4" L.F. •©'7 S. Continuation Skip White 10=000 s Line 4" L.F. r •o G 9. 25,4100 S , Solid White 6" L.F. . 10. 2 5,(3{}(3 $ S ccx Solid White;3" L.F. i � i I SI. 1 t3 000 3 G Lane Drop 8" L.F. *11 12. { i 10,000 S € Limit Lime 12° 13. 10,1304 $ 19 too� Solid White 12" Sto2 Bar £ L.F, *�� - IS-clid White 12"Chevron Bike Lane Symbol (Small) Each Bike Lane Arrow I Each 20- Vehicle Directional Arrow— 190 2-19 21- Vehicle Directional Arrow— 50 S Left Turn Each 22- Vehicle Directional Arrow— Riqht Turn Each 23- Vehicular Directionaf Arrow 40 I —Lane Drop Each 40. 24- RR Crossing Each 5 S Handicap Paint Each 26. Letter/Number 8' Each 300 S '�f 27, Yellow/Yellow 4" Reflective 15 $ bo Yellow 4" Refleq��. Each Yeilc�r 6"Cerar<=i?, f�agmri ° Mach 1 `7 ' White/*kite 4° Reflective 15 5 i 's `t_ 1 S b 3l, tB? r L_. # Each _ i 32 `.;hite 4° Reflective (G) _._._ y_i Each 3 E t 1 Refi ._ r1, ti c I s l.vrl°>-c,.t B�#i!•e ,�-., .. .. �aCt: i 34. White 8" Ceramic D mar) Each I 35, � l5 � ui� _ ! White/Red 4" Reflective{C? Each ' t. 36. Rue 4' (DE'l Each 25 S 25 L5 37. Cu rb-3 Inch Le tern Each l _ Grand`ftitat Bid Arretrunt. � (o��47'7 Labor Rues Description Normal Business Rate Emergency After-Hours Rate I S ipervisor a Li 5 16S porenian S tX r,.,s 00 S �J Laborer 5 $( lc $ NOTE. The,City reserves die right to award a contract to the lknvest responsible bidder in parts or in its entirety and resen es the right to reject all bids and re-advertise, as appears io be in the best interests of tlly City. A bid is required for this entire ",ork,the estimated quantities set. forth in this laid Sheet being solely°for the purpose of curnpariag bids, and final compensation under the Contract swill be based upon the actual quantities of work satisfactorily conipleted. The unit atidi'or lump suns prices bid shall include. all appurtenant expenses, taxes, royalties, and ices. to the case of discrepancies in the amount bid, unit prices shall govem over extended ainounts. and ivords shall novern over figures. The Cin,'reserves the ripit to increase or decrease the amount of an),quantity'slit Nva and to delete any Yi.em from the Contract. The utidersi<_Tiled bidder agrees that., if awarded the Contract, bidder, \vill complete ail Nvork according: to the contract documents, The undersigned bidder is licensed in accordance with the requirclnents of the Business and Professions Cade, California Contractor's Lie nse No._� 538211 Class.._,32, (.REQUIRED AT`l Ih-IE OF AWARD). i Legal Blasircs--4 Name of Bidder J&S STRIPING COMPANY, INC .......... ffijsiw-&�Address 1544 S.VINEYARD AVE,ONTARIO,CA 91761 Tel, 909-947-8073 ................. 12/18/2013 PRESIDENT sigr�am re 12/18/2013 SECRETARY 21 Ure ROBERTARAGON Date Title 12118/2013 TREASURER gnatrzrt RO'BERT ARAGON Date Title If bidder is an individual.name and signature of individual must be provided,and, if he is doing business under a-fictitious name,the fictitious name must be set fbr& If bidder is a paitiership or joint venture,legal name of paftershiprjoint venture must be provided, followed by signatures of all of the partnersjoint venturers or of fewer than all of the partnorsJoint venturers if submitted with evidence of authority to act on behalf of the parmership/joint venture. If bidder is a corporation, legal name If of corporation must be provided, followed by signatures of the -eorporation President orkice.President and Secretary or Assistant Secretary, and the corporate seal. Siggriattrres of partners,joint venturers,or corporation officers must be acknowledged before a Notary Public,who must certify that such partners,joint venturers,or officers are known to him or her to be such,w4 in the ease of a corporation,that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors.