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HomeMy WebLinkAboutContracts & Agreements_10-1988_CCv0001.pdf Ag CQNTRACT F-QR PUBLIC WORK 1. Parties Aad Date This Contract is entered into this 16f--h day of February 1988, between the CITY OF REDLANDS, a municipality of the State of California, hereinafter "Owner" and Traffic Operations, Inc . hereinafter Contractor. 2. Consideration. In consideration of the mutual covenants hereinafter contained Owner and Contractor agree to comply with the terms of this Contract and to faithfully perform their duties hereunder. 3 . Duties 2f Contractor 3.1 Contractor agrees to furnish all labor, tools and equipment necessary for the installation of approximately 580r000 linear feet, more of less, of street striping, 30 ,000 linear feet, more or less of crosswalks and stop bars and 700 , more or less, stop legends in the City of Redlands in accordance with the technical specifications attached hereto and made a part hereof. Owner reserves the right to increase or -decrease the quantity of street striping and marking in accordance with its needs. 3.2 Contractor shall respond to any request for street striping or marking from the Owner within fourteen (14) calendar days of the request. Such work shall be completed according to a schedule to be agreed upon by the Contractor and the Owner; provided, however, that the Owner will schedule work in minimum increments of one (1) day (eight (8) hours) . Work may be required to be done at night at the City's discretion. -1- 3 .3 Contractor agrees to provide Owner with a bond in the amount of $5,000 to secure faithful performance of its obligations under this agreement. Contractor further agrees that it and its subcontractors (if any) will comply with City of Redlands Business License Ordinance No, 867 , Sales Tax Ordinance No. 936, and Use Tax Ordinance No. 937 , and all other applicable local laws and requirements. 3.4 Copies of the prevailing rate of per them wages for each craft, classification or type of work needed to execute this Contract are on file in Owner's office and are available to interested parties upon request. Contractor agrees to comply with the penalty provisions of Section 1775 of the labor Code ($25 per worker per day) for failure to pay such prevailing rates. 3.5 Contractor shall pay travel and subsistence payments to each workman needed to execute the work, as such travel and -subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Section 1773. 8 of the Labor Code. 3.6 When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777 .5 of the Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with contractor. -2- 3.7 Contractor is advised that eight hours labor constitutes a legal day' s work . Pursuant to Section 1813 of the Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week except when payment for overtime is made at not less than one and one-half (1-1/2) , times the basic rate for that worker. 3.8 Contractor shall keep accurate payroll records available for inspection in accordance with the requirements of Labor Code Section 1776. 3.9 Contractor shall keep himself fully informed of all laws and regulations in any manner affecting the performance of the contract work, and shall indemnify owner and Owner's agents against any liability arising from violation of any such law or regulation. 3.10 Contractor shall at its own expense maintain at least the following insurance coverages throughout the performance of this Contract: (a) Worker 's compensation insurance coverage, including occupational disease coverage, for all persons employed in the performance of this Contract, which insurance shall at all times be maintained in strict accordance with the requirements of the current California Worker 's Compensation Insurance Laws. (b) Comprehensive general liability and vehicle liability insurance coverage insuring Contractor for all claims for personal injury, including sickness and death, and all claims for destruction of or damage of property, including loss of use, arising out of or in connection with any operations under this Contract, such -3- insurance to be written with a limit of liability of not less than $300,000.00 for all damages arising out of bodily injury, including sickness and death, at any time resulting therefrom, sustained by any one person in any one accident, and a limit of liability of not less than $500,000.00 aggregate for any such damages sustained by two or more persons in any one accident, and with a limit of liability of not less than $300,000.00 for. all damages arising out of injury to or destruction of property of others ' arising directly or indirectly out of or in connection with the performance of the work under this Contract and in any one occurrence Prior to commencement of any work under this Contract, Contractor shall obtain and furnish to Owner a Certificate of Insurance as to each type of insurance required, in a form acceptable to Owner. 3.11 Contractor shall be responsible for all loss and damage which may arise out of the nature of the work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until same is fully completed and accepted by Owner. However, Contractor shall be responsible for damage proximately caused by an act of God within the meaning of Section 4150 of the Government Code only to the extent of 5 percent of the contract amount. 3.12 Contractor shall indemnify and hold harmless Owner its agents and employees from and against all claims, damages, losses -4- and expenses, including attorneyls fees ' arising out of or resulting from performance of work under this Contract and which are attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including the loss of use resulting therefrom caused in whole or in part by any negligent or willfull act or omission, of the Contractor or anyone directly or indirectly employed by him or for whose acts he may be liable. 3.13 Contractor offers and agrees to assign to Owner all rights, title and interest in and to all causes or action it may have under Section 4 of the Clayton Act (15 U.S.C. 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to this Contract. Such assignment shall be made and become effective at the time Owner tenders final payment to Contractor, without further acknowledgement by the parties. 3.14 Contractor shall be responsible for securing and paying for all -p*rm4*8-Wffl licenses necessary to perform the work described herein. 3.15 If the work entails trenching of five feet or more in depth, Contractor shall submit to Owner, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground. -5- 4. Owner's Rggiygnsil2ilities. 4.1 Contractor agrees to perform the work required herein for the unit price set forth in Contractor's bid or as negotiated between Owner and Contractor, as the case may be; provided that quantities of work shall be subject to adjustment as directed by Owner. 4.2 When the Contractor determines that he has completed the work required herein, Contractor shall so notify the owner in writing and shall furnish all labor and material releases required by Section 3 .3 of this Contract. Owner shall thereupon inspect the work and, if acceptable, shall pay to Contractor the amount due, less any amount which the Owner may be authorized or directed by law to retain. Acceptance of payment by the Contractor shall constitute a release to Owner from all claims and liabilities to the Contractor for any work performed in relation to this Contract or for any act or neglect by the Owner relating to or affecting the work . 4.3 To the extent required by Section 4215 of the Government Code, Owner shall compensate Contractor for the costs of locating and repairing damage to utility facilities not due to the failure of Contractor to exercise reasonable care, and removing or relocating main or trunk line utilities facilities not indicate in the plans with reasonable accuracy, and for equipment necessarily idled during such work . -6- 5. Contractual Relationship. It is expressly agreed that Contractor is an independent contractor and neither Contractor nor any of his employees shall be deemed employees of Owner. Contractor shall have full supervision over all workers on the job, including equipment' drivers and operators' and neither owner nor any of owner's agents shall be held responsible for any action of Contractor under this Contract. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from the Owner the matter shall be referred to Owner 's engineer, whose decision shall be binding upon Contractor. 6. Assignment forbidden. Contractor shall not assign or transfer this Contract or any right, title or interest herein without the prior written consent of Owner. If Contractor attempts an assignment of this Contract or any right or interest herein, Owner may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or his assignee or transferee. 7 . Ter . The initial term of this Contract shall be from January 1, 1988 to June 30, 1988, unless terminated sooner as hereinafter set forth. After the initial term, the Owner and the Contractor may extend the Contract for additional increments of one (1) fiscal year each with renegotiated quantities and prices in accordance with the following procedure: -7- (a) Owner shall submit to the Contractor, in writing, the estimated quantity of street striping and marking to be installed in the new fiscal year by April 30 of the previous fiscal year. (b) The Contractor shall submit to the Owner, in writing, unit prices for the work to be done in the new fiscal year by May 30 of the previous fiscal year. (c) The Owner shall either accept or reject the new unit price by June 30 of the previous fiscal year. (d) If the Contractor fails to submit a new unit price, or if the Owner rejects the new unit price submitted by the owner, the Contract shall not be renewed for the following fiscal year. 8. Termination. This agreement may be terminated by Owner at any time by giving Contractor sever (7) days advance written notice. In the event of termination by Owner for any reason other than the fault of Contractor' Owner shall pay Contractor for all work performed up to that time as provided herein. 9. Attorney Fees =d Costs. If any action is necessary to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to recover from the losing party attorney fees in an amount determined to be reasonable by the court,, together with costs and necessary disbursements. -8- 10 . Notices.. Any notice required to be given under the terms of this Contract shall be sufficient and complete upon depositing the same in the United States mail, with postage prepaid and addressed as follows: Owner Contractor City of Redlands Traffic Operations , Inc. 30 Cajon Street 216 Toby Way P.O. Box 2090 Pomona, CA 91767 Redlands CA 92373 11. Counterparts. This agreement shall be executed in two (2) counterparts, each of which shall constitute an original. IN WITNESS WHEREOF, each of the parties has caused this Contract to be executed the day and year first above written. OWNE CITY OF REDLANDS By: Mayor ATTEST: By: City Clerk /&Z-/o e1-"1?'--X CONTEACTO B�- ATTEST: By: -9- CERTIFICATIONS LABOR CODE - SECTION 1861 I, the undersigned Contractor, am aware of the provisions of Section 3700 et. seq. of the Labor Code which requires every employer to be insured against liability for Worker' s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the work of this Contract. CONTRACTOR: TECHNICAL IFICATIONS ZTEM STRIPING MM MARKING A. GENERAL Standard Specifications are the State of California, Department of Transportation Standard Specifications dated July, 1984. B. SCOPE OF WORK The work shall include cleaning the pavement as necessary and applying paint to the street as required - Section C and D of this specification. C. MATERIALS Paint and glass beads shall conform to the requirements of Section 84-3 of the Standard Specifications. Paint shall be water borne and shall be of the Rapid Dry type and shall comply with all applicable air quality laws and regulations. D. EXECUTION Street striping and marking shall be installed in accordance to Section 84 of the Standard Specifications and in the locations designated by the City Engineer or his authorized representative. E. PAYMENT Measurement for payment shall be by lineal foot for striping, crosswalks and stop bars and per installation for stop legends. Payment shall be made once per month with a cut-off date to be determined by the Contractor and City Engineer.