HomeMy WebLinkAboutContracts & Agreements_42-2010_CCv0001.pdf AGREEMENT FOR STREET STRIPING WORK
This agreement for street striping work ("Agreement") is made and entered into this day of
March, 2010 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City"),
and J & S Striping ("Contractor"). City and Contractor are sometimes individually referred to herein as
a"Party" and,together, as the"Parties."
In consideration of the mutual promises contained herein, City and Contractor agree as follows:
ARTICLE I - ENGAGEMENT OF CONTRACTOR
1.1 City hereby retains Contractor to perform street striping work on Alta Vista Drive from the City
Limit north of the Outer Highway to Sunset Drive, Project No. 41032 ("Project").
I.-) Contractor and its subcontractors shall possess all appropriate State contractors' licenses required
for the work to be performed in connection with the Project, and shall not be debarred pursuant
to Labor Code sections 1777.1 and 1777.7.
ARTICLE 2 - RESPONSIBILITIES OF CONTRACTOR
2.1 The Project which Contractor shall perform is more particularly described in Exhibit "A," which
is attached hereto and incorporated herein by this reference. Exhibit "A" includes the Scope of
Work and attached drawing.
12 Contractor shall comply with all applicable Federal, State and local laws and regulations in the
performance of the Project including, but not limited, to all applicable Labor Code and prevailing
wage laws commencing at Labor Code section 1770 et seq. and non-discrimination laws,
including the Americans With Disabilities Act. Pursuant to Labor Code section 1773.2, copies
of the prevailing rates of per them wages as determined by the Director of the California
Department of Industrial Relations for each craft, classification or type of worker needed to
undertake the Project are on file at City's Administrative Services Department, located at the
Civic Center, 35 Cajon Street, Suite 10(Mailing: P.O. Box 3005), Redlands, California 92373.
2.3 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing
wage, that City may enforce such provisions by withholding contract payments to Contractor or
its subcontractors pursuant to Labor Code section 1771.6.
2.4 If Contractor executes an agreement with a subcontractor to perform work on the Project,
Contractor shall comply with Labor Code sections 1.775 and 1777.7, and shall provide the
subcontractor with copies of the provisions of Labor Code sections 1771, 1775, 1776, 1777.5,
1813 and 1815. Contractor acknowledges that the statutory provisions establishing penalties for
failure to comply with state wage and hour laws and to pay prevailing wages may be enforced by
City pursuant to Labor Code sections 1775 and 1813.
J&S Stnipirig No Bid Publw Warks
2.5 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776
regarding payroll records maintenance, certifications, retention and inspection.
2.6 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to Labor
Code section 1810.
2.7 Contractor shall comply with the provisions of Labor Code section 1777.5 as to apprenticeships,
and Labor Code sections 1771, 1775, 1776, 1777.5 1813 and 1815.
2.8 Because this Agreement was exempt from competitive bidding, prior to commencement,
Contractor shall provide City with the information. otherwise found in Public Contract Code
section 4104.
2.9 Pursuant to Public Contract Code section 7103.5(b), Contractor offers and agrees to assign to
City all rights, title and interest in and to all causes of action it may have under section 4 of the
Clayton Act (15 U.S.C. section 15) or under the Cartwright Act (Chapter 2 (commencing with
section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from
purchases of goods, services, or materials pursuant to this Agreement
ARTICLE 3 -PERIOD OF SERVICE
3.1 Contractor shall commence the Project upon City's delivery to Contractor of a written "Notice to
Proceed."
3.2 Contractor shall complete the Project within thirty (30) calendar days from and after the date of the
Notice to Proceed.
ARTICLE 4 - PAYMENT AND NOTICE
4.1 City shall pay Contractor the sum of Three Thousand Five Hundred Fifteen and 26/1100 Dollars
($3,515.26) as complete compensation for the work Contractor performs on the Project.
4.2 Payments by City to Contractor shall be made within thirty (30) days after City's receipt and
approval of Contractor's invoice, by warrant payable to Contractor.
4.3 All notices shall be made in writing and shall be given by personal delivery or by mail. Notices
sent by mail shall be addressed as follows:
City:
Art Creef, Associate Engineer
Municipal Utilities and Engineering Dept.
City of Redlands
P.O. Box 3005
Redlands, CA 92373
Contractor:
Robert Aragon, Project Manager
J & S Striping
10715 Bloomfield Avenue
Santa Fe Springs, CA 90670
When so addressed, such notices shall be deemed given upon deposit in the United States mail;
in all other instances, notices, bills and payments shall be deemed given at the time of actual
delivery. Changes may be made in the names and addresses of the person to whom notices are to
be given by giving notice pursuant to this section 4.3.
4.4 Pursuant to Public Contract Code section 22300, Contractor has the option to deposit securities
with an Escrow Agent as a substitute for retention of earnings requirement to be withheld by City
pursuant to an Escrow Agreement as set forth in Public Contract Code section 22300.
Z:�
ARTICLE 5 - INSURANCE AND INDEMNIFICATION
5.1 Contractor's Insurance to be Primary. All insurance required by this Agreement shall be
maintained by Contractor for the duration of the Project, and shall be primary with respect to
City and non-contributing to any insurance or self-insurance maintained by City.
5.2 Workers' Compensation and Employer's Liability
A. Contractor shall secure and maintain Workers' Compensation and Employer's Liability
insurance for its employees throughout the duration of the Project pursuant to Labor
Code sections 3700 and 1860, in an amount which meets statutory requirements, with an
insurance carrier acceptable to City. The insurance policy shall include a provision
prohibiting the policy's modification or cancellation except upon thirty (30) days prior
written notice to City. Contractor shall execute and deliver to City a Worker's
Compensation Insurance Certification in the form attached hereto as Exhibit "B" prior to
commencement of the Project.
B. Contractor expressly waives all rights to subrogation against City and its elected officials,
officers and employees, for losses arising from work performed by Contractor on the
Project by expressly waiving Contractor's immunity for injuries to Contractor's
employees. Contractor agrees that the obligation to indemnify, defend and hold harmless
provided for in this Agreement extends to any claim brought by, or on behalf of, any
employee of Contractor. This waiver is mutually negotiated by the Parties,
5.3 Hold Harmless and.Indemnification. Contractor shall indemnify, hold harmless and defend City
and its elected officials, employees and agents from and against any and all claims, losses and
liability, including attorneys' fees, arising from injury or death to persons or damage to property
occasioned by any act or omission of Contractor, and its officers, employees and agents, in
performing the Project.
5.4 Assignment. Contractor is expressly prohibited from assigning any of the work associated with
the Project without the express prior written consent of City. In the event of mutual agreement
J&S Striping-No ffid Public Works
by the Parties to assign a portion of the Project, Contractor shall add the assignee as an additional
insured to its insurance policies and provide City with the insurance endorsements prior to any
work being performed by the assignee. Assignment does not include printing or other customary
reimbursable expenses that may be provided for in this Agreement.
5.5 Comprehensive General Liability Insurance. Contractor shall secure and maintain in force
throughout the duration of the Project comprehensive general liability insurance, with carriers
acceptable to City, with minimum coverage of One Million Dollars ($1,000,000) per occurrence
and Two Million Dollars ($2,000,000) aggregate for public liability, property damage and
personal injury. City shall be named as an additional insured and the insurance policy shall
include a provision prohibiting its modification or cancellation except upon thirty (30) days prior
written notice to City. A certificate of insurance and endorsements shall be delivered to City
prior to commencement of the Project.
5.6 Business Auto Liabilily Insurance. Contractor shall have business automobile liability coverage,
with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit
for bodily injury liability and property damage liability. This coverage shall include all
consultant owned vehicles used on the Project, hired and non-owned vehicles, and employee
non-ownership vehicles. City shall be named as an additional insured and the insurance policy
shall include a provision prohibiting its modification or cancellation except upon thirty (30) days
prior written notice to City. Certificate of insurance with endorsements shall be delivered to City
prior to commencement of the Project.
ARTICLE 6 - GENERAL CONSIDERATIONS
6.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of
this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to
recover its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party.
6.2 All documents, records, drawings, electronic data files and data base, photographic prints and
negatives, designs and specifications, cost estimates, and other Project documents developed by
Contractor for the Project shall become the property of City and shall be delivered to City upon
completion of the Project.
6.3 Contractor is, for all purposes under this Agreement, an independent contractor with respect to
the Project and not an employee of City. All personnel employed by Contractor to perform the
Project are for its account only, and in no event shall Contractor or any personnel retained by it
be deemed to have been employed by City or engaged by City for the account of, or on behalf of,
City. Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the Parties.
6.4 Unless earlier terminated as provided for below, this Agreement shall terminate upon completion
and acceptance of the Project by City.
6.5 City may terminate this Agreement for any reason, at any time at its sole discretion, upon five (5)
calendar days prior written notice to Contractor,
6.6 Upon receipt of a termination notice, Contractor shall (1) promptly discontinue all work
associated with the Project and (2) deliver or otherwise make available to City, copies of any
data, design calculations, drawings, specifications, reports, estimates, summaries, and such other
information and materials as may have been accumulated by Contractor in performing the
Project. Contractor shall be compensated on a pro-rata basis for any work completed up until
notice of termination.
6.7 This Agreement, including the exhibits incorporated by reference, represents the entire
agreement and understanding between the Parties as to the matters contained herein and any
prior negotiations, proposals and verbal agreements relating to the subject matter hereof are
superseded by this Agreement. Any amendment to this Agreement shall be in writing and
approved by the City Council and signed by City and Contractor.
6.8 This Agreement shall be governed by and construed in accordance with the laws of the State of
California.
6.9 Claims by the Contractor in the amount of Three Hundred Seventy-Five Thousand Dollars
($375,000) or less shall be made by Contractor and processed by City pursuant to the provisions of
Part 3, Chapter 1, Article 1.5 of the Public Contract Code (commencing with section 20104). All
claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in
subdivision(a) of Public Contract Code section 20104.2 shall extend the time limit or supersede the
notice requirements provided in this case from filing claims by Contractor.
6.10 If any provision or part of this Agreement is held to be void or unenforceable under any law or
regulation, it shall be deemed stricken, and all remaining provisions shall continue to be valid and
binding upon City and Contractor.
IN WITNESS WHEREOF, duly authorized representatives of the Parties have signed in confirmation of
this Agreement.
CITY OF REDLANDS
By Date
Tina Kundia, Finance Director
ATTEST
J & S Striping
J&S Striping-No Bid Public Works Sam Irwin, Cty-Clerk
By bate March 17, 2010
Robert Aragon, Project Manager
Exhibit "A"
SCOPE OF WORK
Alta Vista Drive Striping Project from City Limit north of Outer Highway to Sunset Drive
The drawing titled"Alta Vista Dr" is attached and made a part hereof.
Contractor shall provide labor and materials to restripe the centerline double yellow stripe and install
raised pavement markers 24 feet on-center per CAMUTCD Section 313.02 and Section 38.11 and Figure
3A-104(CA) Detail 22 (One coat).
Contractor shall provide labor and materials to stripe 4"wide white edge lines located ten feet off the
centerline for both directions of travel per CAMUTCD Section 313.06 and Figure 3A-106(CA) with the
appropriate radius into and out of intersections and beginning taper as shown on the attached drawing
(Two coats).
Contractor shall provide labor and materials to re-paint the existing 35MPH pavement legends in four
locations per CAMUTCD Section 313.19 and Figure 313-20(CA).
Contractor shall obtain City of Redlands encroachment permit and Street Closure Permit prior to
beginning work.
J 4 S Striping- No Bid Public Works
Exhibit "B"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Project No. 41032
Every employer except the State, shall secure the payment of compensation in one or more of the
following ways:
(a) By being insured against liability to pay compensation in one or more insurer duly
authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations, a certificate of consent to self-
insure, either as an individual employer or as one employer in a group of employers,
which may be given upon furnishing proof satisfactory to the Director of Industrial
Relations of ability to self-insure and to pay any compensation that may become due to
his or her employees.
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be
insured against liability for Workers' Compensation or to undertake self-insurance in accordance with
the provisions of that Code, and I will comply with such provisions before commencing the performance
of the work of this Agreement. (Labor Code §1861).
7
March 17, 2010
DateC�L
J 9 S Striping
By:
Signature of Authorized Agent
Ve C
Signatory's Title
3-5211
Contractor's License No.
March 17, 2010
Date
10715 Bloomfield Ave, Santa Fe Springs,
California 80670
(362) 777-2411 FAX: (662) 777.2499
Lit:. No. 638211
CUSTOMIER: Proposal & Contract
City of Redlands Proposal- 4098
33 Cajon St Dot*: 1/13/2010
Redlands,Ca 92373 Phone: (> )7W799:3
Attention: ART
FAX: (tom 798.7870
hire hereby 8111110 to fwnlsh alt Isbor,matertaf end eovOMW far tM oeatp n
Job Address; Redlands Aka Vista . ;i.:;... _ -
good workman rw 1111"1'141,1111"1'141,of the work described bellow.
Item No. Description Quantity UJM UnitPrlce Total Prfco
I—-
11 fie-stripe Double Yellow (1 coat) 4,000.0 L/F 0.190
2 Install ftetteciive Markers Type D 24'Otc 940.00
33,.0 EA 2.990 885.30
3 Re-Paint 36 MPH Logends 4.0 EA 12490
4 Inatatl 4"Edge Una Detail 278(2 Coats Barns Day) $,000,0 289,Ntotal:
LJF0.200 1,800.00
$3,518.28
Total Proposal Price. $3,619.20
9pectai Conditions•_
1. The above thea are based on bid quantities only,The Mal Invoice will be based on quantities computed.
2. This quota Exdudes weokend and after-hours work.
3. The above price for painted striping and markings Is based on one move-in, if this project requires additional mows,an additional
Charge of$840.00 per additional move will be added to the final k v ioe.
4 This quote incdudae(i)coat water based paint fOr ail testriping.
5, The above pry Excludes sandbleaft and/or removals.
6. The above pilots are based on doing ad Refs of work.
7, Posting of temporary"No Parking"Signa are not ktck'ded In the above price,
8. Extiudea Installation or removal of temp or detour signing,atnpir9 end TOM'S.
9
10, The above price includes(2)casts of water basad punt for all striping and markings.
11, The above price is basad on unsigned plans,Prig*IS Subject to change upon approved plans.
ACCEPTANCE
(BY Owner,Agent,or 3eneral Contractor)
tMre aocelpt the within proocael. You are authorized to perform the wank comprehended hereunder and lbws agree to pay the Said ar►ount In
aacordanoe with the terns eM forth.AN of the terms on the reverse side ant incorporated herein and made a part hereof.
J&S Striping
CRY of Redlands Robert Aragon
Date:
Accepted By -�_- --- _
1 1!2%SERVICE CNARr&E PER MONTH APPUeo TO ALL PAST DUE BALANCES ALL QUOTES GOOD FOR go DAY3.
Page 1 of i
JAN-13-2010 11:36 FROM:SUDHAKAR CO. 9095461007 TO:7987670 P.2-2
80110 W'Iff- RM MW am 21 111312010
PROSECT NAME: City of Rodiands-Alts Vista Drive Traffic Calming improvements ._
DID DATE: 01-13-10 City of Redlands Only-Aunt Art Bid No. 3098
ITEM 0 QTY UNITS DESCRIPTION UNIT $i TC>wtAt.
1 4000 LF 4" Double Yellow Traffic Stripe incl. RPM-Det,22 $0.85 2,600.00
2 8000 LF 4" White Solid Traffic Stripe-Detail 278 $0.18 $ 1,280.00
3 4 EA install ""35'" Pavement Markin � 528,50 $ 114.00
All Work To Be Com feted With Water Mourne Paint $ -
r � -
TOTAL BASE BID $ 3,994.00
OPTIONS -
$
$
. 5 -
TOTAL OPTIONS $
a lltIftnall Terms
A. A minimum of IS working days prior notification is required for each move-in.
a. The following materiels and services are included in this quarte:Thermoplastic(no] paint[yes]Markers[yes)Tr4Mc Signs-Striping plans
only(no] Must Arm Sign Installation [noy Thermo/Paint removal[no]Marker removal [no]Temporary striping[no]
Temp tab removal[no]Post"No Parking"Signa(no)Curb Painting[no]Channelizers[no]
C. [1]Total move-ins included in this quote for permanent striping.Additional move in charge. 118501 00
D. Traffic control (yes)included in this quote.Traffic control when included in this quote is only for 5udhakar's operations.
E. If General Contractor or any of its sub-contractors work within Sud akar's traffic control,the expense will be shared accordingly at
Sudhakar's discretion.No advance pasting,signing,or CMS is included for Sudh kkar's traffic control.
F. Prince Contractor to provide us with a JOBSITE secure area for temporary storage of all hazardous stripe removal debris.
G. Prime Contractor to provide disposal area&dispose of all non-It dour stripe&marks r debris.Disposal area to be on site.
H. Pro-striping pavement preparation,including,sweeping,to be provided by others.
CHANGES OR DELETIONS OF ANY ITEM MUST BE APPROVED
PRIOR TO BILI TIME.
JAN-13-2010(WED) 10: 56 J P STRIPING. INC.
(FAX)951 845 6399 P. 001/001
JOP*
ST-n-TPING,
I�ilin0 Address: �P.O.Box 478,9aatttmoM,CA 8222:1 +LIFFICE: (881 $46-2799
I)div �drgs: 650 E- Fhat ammo s"umont.CA FAX: 84- Wil CAGY 746266
COMPANY: C- OCp -
TOOArS GATE: 01M$/10 810 CLOSING:
A1TN; CN�f - Alta Vista Traflk C&In&
Jon NqJ
ADDRe (OUW Hwy 10 to Sut�et)
CITY/STOP: T"CT V
Res,CA 92373 Crry/COUNTI': RedCA
PHONE:
(909)-79$-75j5' _ h&n
�
7SUPER 98.709'7
NOTE: SUPf:R CELLc - _
Ql'Y UNIT UNIT PRICE TOTAI.
Ila)ot tVewN .
2 Ilnstali Camrana Oetaii: 21 (Res#rlpe) 1 $,400 t,P �, 0.10 $ 840.00
T CaiTrans Detail: X18(2-Coat} ---_x'200 LF ' 3 0.13 S _ 548.00
4 Install RPM's on Existing Detall 2I 3 - $Opp I0.20 a 1,6$0.00
---;_ 4,200
Re-Paint Legend: I -{ 3 p.35 $ t 470.00
4
I i. 115.p0 1 $ 460.t}0
i _•
!( 1
I
. . x TOTAL.- 4,986.00
COMMENTS-
INCLUDES. =TeMP". ry/Rolting TrafEtC Control,Layout as required
ExCI.UDES ;,rA
ovals,Sweet -�..
{Upon Request}: Sweeping.Signage,Legends
INSURANCE: ptance of this Bid is predicated Upon acceptance of our Insuuranc:e,which can be incorporated into a written co
aiverlAddendurn If necessary, pimill provide wrl&nr requeais far Cert"s
UNIT PRICING: s We propose to fu and Install materials for the quan#Its listed above per provided instructions,
!sPed�tisms for the surn indicated above. In the event than plane an
9 occur or quarthties difIbr, bid amounts may charlg
UMITA,nONs: PRlC"VALJD FOR SCC(d)A#OkYFts PROM PROPOSAL.DAM, JOBSOt/ER S2,Q00 REQtJtRE"PRtMJ#t"INFO!
Auftwi ad Signaft" `
Prinaut Nam* Take4X N/A
JOEL PAYNE (Prrrs/ ,n� - • e
DALE SHUL 1"S (Prgect MerragmrJ. 1/13 010
WOMEN
AuthOrked PrOftd Nie •a
f