Resolution No. 2010-153RESOLUTION NO. 2010-153
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON AUTHORIZING THE ISSUANCE OF A REQUEST FOR
PROPOSALS FOR THE PROVISION OF STREET LANE LINE -
STRIPING SERVICES TO THE CITY OF VERNON
WHEREAS, the City of Vernon is interested in obtaining
proposals from qualified contractors to provide street lane line
striping services; and
WHEREAS, the Director of Community Services & Water has
requested the issuance of a request for proposals for the provision of
street.lane line striping services (the "RFP").
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
directs the City Administrator, or his designee, to issue in
accordance with Vernon City Code Section 2.29-2 the RFP, a copy of
which is attached hereto as Exhibit A, to one or more qualified
contractors, and to report to the City Council on the proposals
received with a recommendation for action.
SECTION 3: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
the City Clerk's certification to be entered in the File of
Resolutions of the Council of this City.
APPROVED AND ADOPTED this 1stdayof November, 2010.
cm.
Name: Hilario Gonzales
Title: Mayor / ayor -
- 2 -
STATE OF CALIFORNIA )
ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution
No. 2010-153, was duly passed, approved and adopted by the City Council
of the City of Vernon at a regular meeting of the City Council duly
held on Monday, November 1, 2010, and thereafter was duly signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this day of November, 2010, at Vernon, California.
Willard G. m gutylCity Clerk
(SEAL)
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EXHIBIT A
THE CITY OF VERNON
COMMUNITY SERVICES & WATER DEPARTMENT
SEEKS PROPOSALS FROM QUALIFIED
STREET LANE LINE STRIPING COMPANIES
Table of Contents
1.0 Introduction
2.0 Project Background
3.0 Selection P-rocess, Criteria, and Schedule
4.0 Proposal Contents
5.0 Scope of Work
6.0 Compensation
1.0 Introduction
The City of Vernon is soliciting proposals from qualified firms for citywide street lane
line striping services. The City of Vernon requires that the street lane line striping be painted
each year to ensure high visibility of the lane lines for the safe travel of vehicles in the City. All
lane lines and painted median islands are to be painted.
Three (3) copies of each proposal should be submitted by 2:00 PM on December 15, 2010
to:
Samuel Kevin Wilson
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
All questions about the proposal must be in writing and should be directed to Samuel
Kevin Wilson, Director of Community Services. Services provided under this agreement will be
coordinated and overseen by the City of Vernon Department of Community Services.
2.0 Background
2.1 City of Vernon
The City of Vernon is primarily an industrial City located approximately;5 miles
southeast of downtown Los Angeles. The City has a small residential population, but is home to
1,200 businesses employing 55,000 people. Vernon was incorporated in 1905 and consists of
approximately 5 square miles within a built out environment.
2.2 Purpose
The City of Vernon requests written proposals from companies to provide the labor,
equipment and materials to paint all street lane lines on streets within the City of Vernon. The
lane lines include white and yellow painted lane lines that delineate lanes, turn pockets, center
medians and two-way turn medians.
3.0 Selection Process, Criteria and Schedule
3.1 City of Vernon Selection procedures
The City of Vernon will appoint a panel of technical representatives, to serve as the
selection recommendation panel for this service agreement. The selection recommendation panel
will evaluate the written proposals based on the selection criteria listed in Exhibit 2. The .
selection recommendation panel may then interview short listed firms. The panel will make a
recommendation to the City Council as to the most qualified firm. The expected schedule for the
selection process is attached as Exhibit 3.
3.2 Contract Format
Vernon maintains a standard form of agreement, a copy which is attached as Exhibit 5.
Firms shall identify any exceptions or conditions contained in the agreement which would
prevent them from entering into an agreement with the City. The form of agreement will be on a
time and materials basis with a maximum authorized amount. The selected firm may be subject
to pre -award and post -completion audits.
3.3 Funding Sources
Funding for this project is expected to come from local funding sources.
4.0 Proposal Contents
4.1 Identification
Identify the firm (name of firm, address, telephone and fax numbers). Please indicate
whether the firm is a corporation, joint venture, partnership or sole proprietorship. Please provide
the same information for all sub -consultants that will be participating in this project.
4.2 Team Organization
Provide an organization chart showing the relationship of all sub -consultants to the prime
company and with each other. Specify the names of key staff that will be assigned to perform the
work.
4.5 Project Understanding and Proposed Approach
Describe the basic approach for completing the scope of work for the project.
4.6 Proposal Length
The proposal should not exceed 20 pages.
`5.0 Scope of Work ;
5.1 Project Background
, The City of Vernon maintains all roadways within its City boundaries and the street lane
line striping is part of the City's traffic related responsibilities. Street lane lines and median lane
lines are painted each year. The City of Vernon will secure the services of a licensed contractor
to complete the painting of the street lane lines in the City.
5.2 Required Tasks
The selected company will be required to provide all labor, equipment and materials to
paint all street lane lines in the City of Vernon with the specific type of materials required by the
City of Vernon. Scheduling, supervision and management of the painting to minimize the impact
on traffic in the City shall be provided by the contractor. Measurement and recordation of the
lengths of all lane lines painted shall be completed as part of this project. The. work, the methods
of the work, traffic control and the type of paint and materials used shall conform to the Special
Provisions in Exhibit 4.
5.3 General Requirements
The Contractor will provide a plan for management, coordination and control to ensure
successful and timely completion of this project. The Contractor selected will prepare a detailed
work plan, including schedule and cost breakdown for each task.
6.0 Compensation
The unit costs and total contract cost the contractor will charge the City of Vernon shall
be submitted in a separate sealed envelope. The unit costs will be used for the life of the contract
and for any extra work requested by the City. The unit and contract costs shall be based on the
lengths and types of street lane lines in Exhibit 2. The lengths of lane lines are approximate and
will be used to evaluate the total proposal costs. Extra work is only that work approved in writing
by the City beyond the scope of the project. The scope of work includes, but is not limited to, all
work tasks, plans revisions, regulatory agency requirements, and work necessary to correct errors
and omissions.
LIST OF ATTACHMENTS
Exhibit 1 - Location Map
Exhibit 2 - Selection Criteria
Exhibit 3 - Proposed Schedule
Exhibit 4 — Special Provisions
Exhibit 5 — Sample Agreement
SELECTION CRITERIA EXHIBIT 2
RFP For Citywide Street Lane Line Striping
Experience
The Bidder must have a minimum of five (5) years of experience as an ongoing business enterprise in
the specific type of work indicated in the proposal. The following contracts which show experience in work of
similar scope to that covered in the proposal and which have been satisfactorily completed in the past five (5)
years are:
YEAR NAME OF FIRM AND ENGINEER LOCATION CONTRACTAMOUNT
License
A proposal submitted by a Contractor who is not licensed in accordance with the provisions of
Division III, Chapter 9, of the Business and Professions Code of the State of California will not be
considered for award.
Contract and Bonds
(a) The form of Contract that the successful bidder, as the Contractor, will be required .to execute -is
included in the Contract Documents, and should be examined by the bidder with care. The Contract,
bonds and other documents to be executed by the Contractor shall be executed in original triplicate
stamped according to law. One original shall be filed with the City Clerk and the others with the
appropriate City departments.
(b) At the time the Contract is executed, the successful bidder will be required to furnish and maintain
the following: (1) a Labor and Material Bond in an amount equal to 100% of the Contract price and (2) a
faithful Performance Bond in an amount equal to 100% of the Contract price. The bonds shall be secured
from a surety company that the City finds acceptable. The surety's name must be on file with the County
Clerk of Los Angeles County and/or the California Department of Insurance as an approved and financially
sound surety company, authorized to transact business in this state.
The bonds shall meet all of the requirements and contain all of the conditions specified in Sections
3247 and 3248 inclusive, of the Civil Code, and other applicable provisions of the law and/or regulations
of the State of California..
Insurance Requirements
(a) Before entering into the Contract, the successful bidder shall furnish evidence that workers'
compensation insurance, general liability insurance, comprehensive vehicle liability insurance, and
all other insurance specified in the agreement have been procured. The insurer must be an
insurance company admitted in and authorized to do business in California and maintainea rating
that is acceptable to the City. The insurance procured must be maintained in full force and effect
for the entire duration of the agreement.
STREET LANE LINE QUANTITIES AND ESTIMATE OF COSTS
Description
Quantity
Unit Cost/LF
Double Yellow Center line
100,000 LF
$
Two Way Left Turn Lane Line
50,000 LF
$
Broken Yellow Centerline
90,000 LF
$
Broken White Lane Line
200,000 LF
$
8 inch Solid White Lane Line
30,000 LF
$
Solid Yellow Centerline
Solid White Centerline
2000 LF $
5000 LF $
Total Cost
d,
Total Costs $
PROPOSED SCHEDULE EXHIBIT 3
RFP For Citywide Street Lane Line Striping
November 1, 2010 City Council approval to seek proposals
December 15, 2010 (2:00pm) Due date for proposals
SPECIAL PROVISIONS EXHIBIT 4
RFP for Citywide Street Lane Line Striping
SPECIAL PROVISIONS
Standard Specifications
For the purpose of this contract, STANDARD SPECIFICATIONS FOR PUBLIC
WORKS CONSTRUCTION (2009 Edition and supplements) shall apply.
Examination Of Site
The bidders must examine the site and judge at their own responsibility the location,
physical conditions, and surroundings of the proposed work.
Mobilization
The cost of all preparatory work and operations for the multiple movements of personnel,
equipment, supplies, and incidentals to the various project sites must be included in the various
bid items, and no extra compensation will be paid to .the contractor.
Traffic Control
The Contractor shall conduct its operations so as to cause the least possible obstruction
and inconvenience to public traffic. Controlling traffic shall be done by the Contractor and
payment for the work as such shall be considered as included in the unit prices bid for the various
contract items of work, and no further allowance shall be made therefore. The Contractor is
hereby notified that all lights, signs, barricades, flagmen or other devices necessary to provide for
public safety and convenience shall be furnished and maintained by the Contractor at its own
expense.
The City will prohibit parking in work areas during construction on 48 hours notice. All
signs shall be provided and posted by the Contractor. All signs, lights, and other warning devices
used shall be in accordance with State of California Manual of Uniform Traffic Control Devices.
Schedule of Work
The Contractor shall be called upon from time to time by the Director of -Community
Services & Water or his authorized representatives to paint designated locations. The amount of
work will vary. Upon forty-eight (48) hours notification that work is ready to be -undertaken, the
Contractor, shall begin the work. After a start time and date have been agreed on such work by the
City and Contractor, the Contractor shall show up on day and time agreed to. If the Contractor
fails to show up on that day or no shows, a charge of $50.00 per hour shall be charged to the
Contractor, with a minimum of five hours on a no show.
The City's annual painting will be done throughout the City and started within five (5)
days of written notice to proceed. The City will provide any necessary direction, maps, etc. The
Director of Community Services & Water reserves the right to designate the amount and
locations of work to be done under these specifications. No detours shall be used and public
traffic shall be permitted to pass through the work under way at all times under the specific
control of the Contractor. The Director of Community Services & Water will limit the hours of
operation.
Work shall be completed from 8:00 p.m, to 5:00 a.m. Monday through Friday or on
weekends.
Paint
The paint. to be used on all work done under this contract shall be Pervo Paint Company,
water -based traffic paint, 8010-20BMAX white, black and 8010-20BMAX lead-free yellow, or
approval equal. Paint shall be installed per manufacture's instructions and the Special Provisions.
The Director of Community Services & Water reserves the right to determine the suitability of
the paint offered.
All paint loaded and used will be recorded to see if Contractor complies with Special
Provisions. If the total gallons of paint are not applied, the shorted gallons will be applied as
directed by the Director of Community Services & Water. Thinner shall not be mixed with paint.
Paint shall dry "tack free" within .fifteen (15) minutes.
Beads
1. Beads shall be used. Beads shall be colorless and free from milkiness. Beads shall be
kept in a dry storage to prevent moisture absorption.
2. Beads shall be applied uniformly at the rate of five (5) pounds to seven (7) pounds of
beads per gallon of paint. Beads shall be uniformly heated to not less than eighty (80)
degrees Fahrenheit when applied.
The cost of all paints, beads, other material and equipment required -to complete the job
must be included in the various bid items, and no extra compensation will be paid to the
contractor.
Equipment
The paint striping machine used for this contract work shall be approved by the Director
of Community Services & Water and shall conform to the following minimum requirements.
1. The air compressor shall have a capacity of 100 cubic feet per minute. The machine
shall have a pressure bead dispenser capable of uniformly applying beads
immediately after application of the paint.
2. The machine shall have a minimum of one 60 gallon paint pot. The machine shall be
equipped with an automatic on -off device to produce skip lines, with adjustment to
match previous painting. The machine shall be capable of installing a double yellow
or eight inch line along the edge of curb. The paint machine shall be equipped with a
thermostatically controlled heating device to maintain a paint tank temperature of not
less than eighty (80) degrees Fahrenheit.
Surface preparation
Before applying coating the surface should be clean and dry. The surface .must be free
from dust, oil, grease, gasoline, and ponded water.
Application
One coat of paint and beads shall be applied at the following rates and in conformance
with the following requirements:
1. All striping, except turn lane lines, shall be four inches (4") in width, plus or minus
1/8", unless otherwise required by the Director of Community Services & Water.
Broken single. stripes shall have a pattern of seven feet (7'), with a seventeen foot
(17') gap. Seven foot (7') sections are painted and seventeen foot (17') sections are
unpainted. Double solid lines shall be four inches (4") wide, each separated by a three
inch (3") wide black solid line; total width shall not be less than 10-5/8" and not more
than 11-3/811
.
2. Two-way left turn lane stripes shall have a four inch (4") wide solid yellow outside
stripe and a four inch (4") wide yellow inner dashed stripe separated by a three inch
(3") wide black solid line. The dashed line shall be twelve feet (12') long with a
thirty-six foot (36') gap.
3. Solid single left turn lane shall be eight inches (8"), plus or minus 1/8".
4. The rate of application of paint and beads:
a. Broken single stripes: 5-6 gallons per mile.
b. Solid single stripes: 16-17 gallons per mile.
c. Two-way left turn stripes: 22-24 gallons per mile.
d. Solid eight inch (8") stripes: 32-34 gallons per mile.
e. Five (5) pounds of beads per gallon of paint.
f. The Director of Community Services & Water reserves the right to request
the highest limit where conditions so warrant.
5. All lines shall be clean and sharp as to dimensions. Ragged ends of segments,
fogginess along the sides or objectionable dribbling along the unpainted portions of
the stripes shall not be permitted. Any smears shall'be painted out with black paint or
removed (see Removal) to the satisfaction of the Director of Community Services &
Water.
6. The finished product shall have an opaque, well painted appearance with no black or
other discolorations showing through.
7. The Contractor shall take all reasonable precautions to protect the paint during drying
time and may be required to paint out or remove (see removal) all objectionable
tracking. No work shall be done when fog restricts visibility to less than one mile or.
when the pavement is appreciably damp.
Spotting and Alienment
The preliminary spotting will be done by the City. Existing lines shall be followed in
such a manner as to present a uniform pleasing appearance and misalignment or disregard to
previous painting will not be permitted. Abrupt breaks in alignment between broken segments
will not be permitted. The Director of Community Services & Water shall be the sole judge on
the accuracy and acceptability of the alignment of the work.
Change in Work
The Director of Community Services & Water reserves the right to add or delete footage
as shown in the Bids. The Director of Community Services & Water or his representatives shall
inspect completed lines and may inform the Contractor of any faulty methods or unsatisfactory
results. Lines considered unsatisfactory shall be repainted or if in very bad condition will be
removed by approved method and repainted. All rework will be at the Contractor's expense and
the Director of Community Services & Water shall be the sole judge as to the acceptability of the
completed line.
Measurement
Painted street lane striping will be measured by the linear foot along the line of the traffic
striping, without deductions for gaps in broken traffic stripes. Broken lane lines, white and
yellow are measured from the center of a starting intersection through all intersections and
railroad crossings to the center of the last intersection. The measurement of broken white and
yellow lane lines shall include any solid lead lines at intersections and railroad crossings. A
double yellow traffic stripe, consisting of two 4-inch wide yellow stripes separated by a 3-inch
wide stripe, will be measured as one traffic stripe. Two-way left -turn yellow lane lines shall be
the same as double yellow, except one 4-inch stripe shall be broken. Two-way left -turn yellow
lane lines will be measured as one traffic stripe.
Payment
The contract prices paid per linear foot for paint traffic stripes shall include full
compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing
the work involved in painting traffic stripes (regardless of the number, widths, and patterns of
individual stripes involved in each traffic stripe) as specified in these specifications and special
provisions, and as directed by the Director of Community Services & Water.
Footage of painted lines shall be measured for payment by standardized odometer. Other
units for which payment is to be made shall be measured in accordance with the units designated
in the bids.
Removal
Paint line removal shall be performed by either sandblasting or water blasting technique,
meeting the requirements and restrictions of the State Pollution Control Agency. The amount of
removal and the amount of blackout will be determined during the inspection of the work.
Contract Period
This agreement shall expire one year from the date of execution.
Contract Extension
The agreement may be extended by mutual agreement with the City and Contractor, one
year at a time.
Compensation
The Contractor shall be entitled to a percentage adjustment in the bid price each year
hereafter if the agreement is extended. The bid prices will be increased or decreased in
accordance with the United States Department of Labor, Bureau of Labor Statistics
Consumer Price Index for All Urban. Consumers for Los Angeles -Riverside -Orange Co.
Standard Metropolitan Statistical Area, as published for the month of July each year. The
bid price will be adjusted by 75% of the Consumers Price Index increase or decrease.
EXHIBIT 5
PUBLIC WORKS AGREEMENT BETWEEN THE CITY OF
VERNON AND CONTRACTOR'S NAME FOR BRIEF
DESCRIPTION OF WORK
COVER PAGE
- Name of -Contractor:
Responsible Principal of Contractor:
Notice Information - Contractor:
Notice Information - City:
Commencement Date:
Termination Date:
Consideration:
1
insert name of Contractor
insert name, title
insert street address
insert City, state, zip code
Attention: insert name, title
Phone: insert phone number
Facsimile: insert fax number
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Mark Whitworth; interim City
Administrator
Telephone: (323) 583-8811 ext.
Facsimile: (323) 826-1408
insert commencement date
insert termination date, unless extended
pursuant to Section 2
Total not to exceed $insert amount
(includes all applicable sales lax);
and more particularly described in
Exhibit insert appropriate Exhibit letter
PUBLIC WORKS AGREEMENT BETWEEN THE CITY OF
VERNON AND CONTRACTOR'S NAME FOR BRIEF
DESCRIPTION OF WORK
THIS AGREEMENT is made and entered into as of , 2010 (the
"Effective Date"), by and between the City of Vernon, a California charter City and California
municipal corporation ("City'`), and Contractor's Name, a State incorporated in corporation
("Contractor"). City and Contractor are collectively referred to herein as the "Parties."
RECITALS
A. City desires to .obtain the services of a Contactor to perform work as described
in Exhibit A (`Project").
B. Contractor represents that it is licensed, qualified and capable of furnishing the
labor, materials, and expertise necessary to perform the services in accordance with the terms
and conditions set forth in this Agreement.
NOW, THEREFORE, the parties agree as follows:
Section 1. Contractor's Services. Contractor shall perform and complete in good
and workmanlike manner the Scope of Work described in Exhibit A in a manner satisfactory to
City. Contractor shall be responsible for the professional quality, technical accuracy, and
coordination of work performed under this Agreement and without additional compensation shall
correct, revise or otherwise remedy any defect or deficiency in work identified as complete by
Contractor and delivered to City.
Section 2. Time of Performance. Contractor shall commence its services under this
Agreement upon the Commencement Date set forth on the Cover Page or 'upon receipt of a
written notice to proceed from City, whichever is sooner. Contractor shall perform the services
on or by the Termination Date set forth on the Cover Page, unless extended in writing by the
City Administrator or his designee pursuant to the same terms and conditions of this_Agreement.
The period of time between the date services are to commence, and the Termination Date, is
the Time of Performance.
Section 3. Compensation.
(a) -Compensation. City agrees to compensate Contractor for the services and/or
goods provided under this Agreement, and Contractor agrees to accept in full satisfaction for
such services, a sum not to exceed the Consideration set forth on the Cover -Page and more
particularly described in Exhibit B.
(b) Expenses. The amount set forth in subsection (a) shall include
reimbursement for all actual and necessary expenditures reasonably incurred in the
performance of this Agreement (including, but not limited to, all labor, materials, delivery, tax,
assembly, and installation, as applicable). There shall be no claims for additional compensation
for reimbursable expenses.
2
(c) Additional Services. City may from time to time require Contractor to perform
additional services not included in the Scope of Work. Such requests for additional services
shall be made by City in writing and agreed upon by both parties in writing.
Section 4. Method of Payment. City shall pay Contractor ' said Consideration in
accordance with the method and schedule of payment set forth in Exhibit B.
(a) If City fails to make any progress payment within 30 days after receipt of
an undisputed and properly submitted payment request from Contractor, City shall pay interest
to Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the
Code of Civil Procedure. For purposes of this section, a "progress payment" includes all
payments due Contractor, except that portion of the final payment designated by this Agreement
as retention earnings.
(b) Upon receipt of a payment request, City shall review it as soon as
practicable after receipt for the purpose of determining that the payment request is a proper
payment request.
(c) Any payment request determined not to be a proper payment request
suitable for payment shall be returned to Contractor as soon as practicable, but not later than
seven days, after receipt. A request returned pursuant to this subsection shall be accompanied
by a document setting forth in writing the reasons why the payment request is not proper.
(d) The number of days available to a City to make a payment without
incurring interest pursuant to this section shall be reduced by the number of days by which City
exceeds the seven-day return requirement set forth in, subsection (c) of this section.
Section 5. Close Out. Prior to final payment, Contractor will be required, to complete
a close-out form certifying that all work has been completed and releasing City (and any other
party owning property -with respect to which Contractor performed services hereunder) from all
further obligations and liabilities.
Section 6. Independent Contractor.
(a) Contractor is and shall at all times remain, as to City, a wholly
independent contractor. The personnel performing the Services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither
City nor any of its City Council members, officers, officials, employees, agents, or -volunteers
shall have control over the conduct of Contractor or any of Contractor's officers, employees, or
agents except as set forth .in this Agreement. Contractor shall not at any time or in any-
manner
represent that it or any of its officers, employees, or agents are in any manner officers, officials,
employees, agents, or volunteers of City. Contractor shall not incur or have the power to incur
any debt, obligation or liability whatsoever against City, or bind City in any manner.
(b) No. employee benefits shall be available to Contractor or its officers,
employees, or agents in connection with the performance of this Agreement. Except for
Consideration paid to Contractor as provided in the Agreement, City shall not pay salaries,
wages, or other compensation to Contractor for performing Services hereunder for the City.
tl
City shall not be liable for compensation or indemnification to Contractor or its officers,
employees, or agents for injury or sickness arising out of performing Services hereunder.
(c) Contractor agrees to pay and be responsible for paying all Federal, State
and local taxes for compensation received by Contractor from City while performing services for
City.
Section 7. Contractor's Duties and Representations.
-Contractor represents, covenants and agrees as follows:
(a) There are no obligations, commitments, or impediments of any kind that
will limit or prevent performance of the Services.
(b) Contractor has no interest and shall not have any interest, direct or
indirect, which would conflict in any manner with the performance of the Services contemplated
by this Agreement. No person having any such interest, shall be employed by or be associated
with Contractor.
(c) There is no litigation pending against Contractor and Contractor is not the
subject of any criminal investigation or proceeding, and neither Contractor nor its personnel, to
its actual knowledge, have been convicted of a felony.
Section 8. Assignment. This Agreement shall,not be assigned in whole or in part by
Contractor without the prior written approval of City. Any attempt by Contractor to so assignor
subcontract this Agreement or any rights, duties or obligations arising hereunder shall be void
and of no effect. In the event City grants written approval to Contractor to subcontract work
under this Agreement, Contractor is prohibited from using a subcontractor who is ineligible to
.perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor .Code.
.Section 9. Responsible Princival(s).
(a) Contractor's Responsible Principal set forth on the Cover Page shall be
principally responsible for -Contractor's obligations under this Agreement and shall .serve as
principal liaison between City and Contractor. Designation of another Responsible Principal by
Contractor shall not be made without prior written consent of City.
(b) City's responsible Principal shaft be theCity Administrator or his designee
set forth on the Cover Page who shall administer the terms of the Agreement on behalf of City.
Section 10. Personnel. Contractor represents that it has, or shall secure at its own
expense, all personnel required to perform Contractor's services under this Agreement. All
-personnel engaged in the work shall be qualified to perform such work
Section 11. Changes to the Scope of Work.
(a) City may at any time by a written order, and without notice to third parties,
make changes within the general Scope of Work. If any such change causes an increase or
decrease in the cost of, or the time required for, the performance of any part of the work under
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this Agreement, whether changed or not changed by any such order, an equitable adjustment
shall be made in price or delivery, or both, and this Agreement shall be modified in writing
accordingly. Nothing in this subsection shall excuse Contractor from proceeding with the work
as changed..
(b) No change is authorized unless signed by -City's Responsible Principal.
Changes made by Contractor without written authorization shall be made at the sole risk of
Contractor, there being no recourse against City.
Section 12. Technical Materials.' City reserves all rights to designs, drawings,
blueprints, tools, dies, patterns, plates or other technical materials furnished or paid for by City,
and Contractor shall use such materials in strict confidentiality and shall return the same to City
at its request upon completion or termination of this Agreement. Contractor shall not copy or
otherwise use any such materials for any purposes other than the completion of this Agreement.
Contractor shall keep confidential and not disclose to others all other matters which have been
made available by City in confidence or which reasonably can be regarded as sensitive or
confidential in nature.
Section 13. Records, Inspection And Audit. During the course of work being
performed pursuant to'this Agreement, Contractor and any of its subcontractors, shall maintain
and retain, not less than three (3) years after Termination Date, complete and accurate records
of the Contractor's costs which are chargeable to the City under this Agreement. City or its
designated, authorized representatives, shall have the right during this three (3) year period,
upon written reasonable notice, to inspect and audit those records. Such records to be
maintained and retained by the Contractor shall include: (a) payroll record accounting for the
total time. distribution of the Contractor's employees working full or part time on the work (to
permit tracing ,to payroll payments in cash); (b) invoices for purchases, receiving and issuing
documents, and all the other unit -inventory records for the Contractor's stores, stock or capital
items; (c) paid invoices and canceled checks for material purchased and for the subcontractor's
and any other third parties' charges; and (d) any other documentation City deems necessary to
support costs and charges, under this Agreement.
Section 14. Insurance.
(a) Contractor shall at all times during the term of this Agreement carry, maintain,
and keep in full force and effect, a policy or policies of Comprehensive General Liability
Insurance, with minimum limits of Two Million Dollars ($2.,000,000) for each occurrence,
combined single limit, against any personal injury, death, loss or damage resulting from the
wrongful or negligent acts by Contractor or Contractor's officers, -employees, or agents.
(b) Contractor shall at all times during the term of this Agreement carry, maintain,
and keep in full force and effect, a policy or policies of Comprehensive. Vehicle Liability
Insurance covering personal injury and property damage, with minimum limits of One Million
Dollars ($1,000,000) per. occurrence, combined single limit, covering any vehicle utilized by
Contractor or Contractor's officers, employees, or agents in performing the services required by
this Agreement.
(c) Contractor agrees to maintain in force at all times during the performance of
work under this Agreement workers compensation insurance as required by law.
5
(d) Contractor shall at all times during the term of this Agreement carry, maintain,
and keep in full force and effect, a policy or policies of Excess Liability Insurance, with minimum
limits of Two Million Dollars ($2,000,000.) for each occurrence, combined single limit. Each
Excess Liability Insurance policy shall provide policy coverage and terms at least as broad as
those required of the primary insurance and shall provide that such Excess Liability Insurance
policy will drop down'and assume the underlying insurer's obligations and provide coverage in
the event the underlying insurer becomes insolvent.
(e) Contractor shall require each of its sub -consultants or sub -contractors to
maintain insurance coverage that meets all of the requirements of this Agreement.
(f) The. policy or policies required by this Agreement shall be issued by an
insurer admitted in the State of California and with a rating of at least a B+;Vl.l in .the latest
edition of Best's Insurance Guide.
(g) Contractor agrees that if it does not keep the aforesaid insurance in full force
and effect City may either immediately terminate this Agreement or, if insurance is available at a
reasonable cost, City may take out the necessary insurance and pay, at Contractor's expense,
the premium thereon.
(h) At all times during the term of this Agreement, Contractor shall maintain on
file with the Risk Manager a certificate or certificates of insurance, satisfactory to the City
Attorney and Risk Manager, along with a copy of the policy declarations page for each policy,
showing that the aforesaid policies are in effect in the required amounts. Upon request by City,
Contractor shall cause its insurers to issue certified copies of the insurance policies evidencing
that the coverage and policy endorsements required under this Agreement are maintained in
force. Contractor shall, -prior to commencement of work under this Agreement, file with the .Risk
Manager such certificate or certificates and a copy of the policy declarations page for each
policy.
(i) All of the policies of insurance required by this Agreement -shall contain-(1) an
endorsement naming the City, its City Council members, officers, officials, employees, agents,
and volunteers as additional insureds, (2) an endorsement providing that the -policies cannot be
canceled or reduced except with thirty (30) days prior written notice to City, and (3) an
endorsement specifically stating that the coverage contained in the policies affords insurance
pursuant to the terms and conditions as set forth in this Agreement.
. 0) The insurance provided by -Contractor shall be primary to any coverage
available to City, -and _ any insurance or self-insurance maintained -by City, its City Council
members officers, officials, employees, agents, or volunteers shall be in excess of Contractor's
insurance and shall not contribute to it. The policies of insurance required by this Agreement
shall include -provisions for waiver of subregatfon. Contractor hereby waives all rights -of
subrogation against City, -its City Council members, officers, officials, employees, agents, and
volunteers.
(k) Any deductibles or self -insured retentions must be declared to and approved
by City. At the option of City, Contractor shall either reduce or eliminate the deductibles or self -
insured retentions with respect to City, or Contractor shall procure a bond guaranteeing
payment of losses and expenses.
6
Section 15. Indemnification. To the fullest extent permitted by law, Contractor agrees
to defend, indemnify and hold harmless City and its City Council members, officials, officers,
agents, employees, and volunteers from any and all claims, suits, actions, demands, damages,
liabilities, expenses, judgments, settlements, penalties, losses, fines, and all costs and
expenses incurred in connection therewith, including without limitation, interest, reasonable
attorney's fees and all costs of defense, arising out of, resulting from, connected with or
attributable to the, intentional, reckless, negligent, or otherwise wrongful acts, errors, or
omissions of Contractor or its employees or agents in the performance of this Agreement.
THE PROVISIONS OF THIS SECTION SHALL NOT TERMINATE OR EXPIRE, SHALL
BE GIVEN THE BROADEST POSSIBLE INTERPRETATION, AND SHALL SURVIVE THE
EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
The obligations in this Section are in addition to Contractor's duty to provide insurance
and shall not be limited by any limitation on the amount or type of insurance coverage carried by
Contractor.
Section 16. Termination.
(a) City shall have the right to terminate this Agreement for any reason or, for no
reason upon five (5) days written notice to Contractor. Contractor agrees to cease all work
under this Agreement on or before the effective date of. such notice. This right of termination
shall be in addition to any remedies provided by applicable law for any breach or default under
this Agreement, including the right to terminate this Agreement in the event of a breach or
default and the right to recover any damages resulting from such breach or default.
(b) In.the event of termination or cancellation of this -Agreement by City,, due to
no fault or failure of performance by Contractor, Contractor shall be paid based on the
percentage of work satisfactorily performed at the time of termination. In no event shall
Contractor be entitled to receive more than the amount that would be paid Contractor for the full
performance of the services required by this Agreement. Contractor shall have no other claim
against City by reason of such termination, including any claim for compensation.
Section 17. Notice. Any notice, bills, invoices, etc. required by this Agreement shall
be deemed received on (a) the day of delivery if delivered by hand during the receiving party's
regular business hours or by facsimile before or during the receiving party's regular business
hours; or (b) on the second business day following deposit in the United States mail, postage
prepaid to the addresses set forth on the Cover Page, or to such other addresses as the parties
may, from time to time, designate in writing. pursuant to this section.
Section 18. Certification. In accordance with the provisions of Section 3700 of the
Labor Code, Contractor shall secure the .payment of compensation to Contractor's employees.
By executing this Agreement, Contractor certifies the following: Contractor is aware of ,the
provisions of Section 3700 of the Labor Code which ' 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 Contractor will comply with such provisions before commencing the
performance of the work of this Agreement..
7
Section 19. Standard Specifications. The work done pursuant to this Agreement shall
be done in accordance with the provisions of the most current edition of "Standard
Specifications for Public Works Construction" (commonly known as "the Green Book") including
Supplements, prepared and promulgated by the Southern California Chapter of the American
Public Works Association and the Associated General Contractors of California, which
specifications are hereinafter referred to as the "Standard Specifications." The provisions of
these Standard Specifications shall apply to the work performed under this Agreement, unless
different standards are specified on the Cover Page or agreed to in writing by the City.
Section 20. Compliance with Laws. Contractor shall keep itself informed of and
comply with all Applicable Laws, including without limitation, the Fair Labor Standards Act, the
Occupational Safety and Health Act and all those Applicable Laws relating in any way to
employment -practices and protection of the environment. Contractor shall not discriminate
against any employee or any applicant for employment for reasons of race, color, creed,
religion, sex, sexual preference,:age or national origin. For purposes of this section, "Applicable
Laws" shall mean any and all laws, regulations, rules, orders, directives, judgments, decrees,
permits, approvals or other applicable requirements of any governmental entity or agency
having jurisdiction that are applicable to any aspect of this Agreement that are in force on the
Effective Date and as they may be enacted, issued or amended during the term of this
Agreement.
Section 21. Enforcement of Wage and Hour Laws. Eight hours labor constitutes a
legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25)
for each worker employed in the execution of this Agreement by the respective Contractor or
subcontractor for each calendar day during which the worker is required or permitted to work
more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation
of the provisions .of Sections 1810 through 1815 of the California Labor Code as a penalty paid
to the City; provided, however, work performed by employees of contractors in excess of 8
hours -per day, and'40 hours during any one week, shall be permitted upon compensation forafi
hours worked in excess of 8 hours per day at not less than 11/2 times the basic rate of pay.
Section 22. Materials and Workmanship. City shall have the right to inspect any
material used. Material furnished shall be new, complete, ready -for -use and Hof the latest model,
shall not 'have been used in demonstration or other services_ and shall -have all the usual
equipment as shown by its manufacturer's current specifications and catalogs, unless otherwise
specified. Equipment, supplies or services that fail to comply with the Agreement requirements
ega-rdi ag -design, material or workmanship may be rejected at the option of City. Any materials_
rejected shall be removed from City premises at the Contractor's sole expense.
Section 23. Licenses and Permits. Except as provided herein below, Contractor shall
obtain and pay for all certificates, permits and licenses required by federal, state or local law,
-rule or regulation. Costs for -obtaining City permits required under this Agreement will -be
waived. All -requirements for obtaining permits (including City permits) remain in effect and are
not waived; only the costs of -City permits are waived.
Section 24. Assionment of Unfair Business Practices. Contractor and its
subcontractoroffers 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. Sec. 15) or under the
Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the
8
Business and Professions Code), arising from_ purchases of goods, services, or materials
pursuant to the public works contract or the subcontract. This assignment shall be made and
become effective at the time City tenders final payment to Contractor, without further
acknowledgment, by the parties.
Section 25. Special Conditions.
(a) Hours of Work. All construction activity shall be performed only between the
hours of a.m. and _ p.m., Monday through Friday. For any construction
activity to be performed after these hours or on weekends, Contractor shall obtain the written
approval of the City's representative.
(b) Conduct of the Work. Workmen shall behave, at all times, in a courteous,
professional manner. While on site, or entering or exiting the site, there shall be no,loud-noise,
shouting or other extraneous activity that might cause disruption to staff or patrons as the case
may be. The operations of City Hall will remain open throughout the construction period.
(c) Storage will be limited. to the Project area.
(d) Inspection. City shall have the right to inspect Contractor's work at all
reasonable times.
(e) Contractor shall have -a competent representative on the Project site at all
times work is in progress. Communication given to the representative shall be binding as if
given to the Contractor. Contractor shall immediately replace any individual who ceases to
perform his duties satisfactorily, in the opinion of the City's representative, with a qualified,
competent replacement acceptable to the City's representative.
(f) Contractor shall submit schedule information to the 'City's representative for
integration into the overall Project schedule. Activity information shall -be of sufficient detail to
ensure adequate coordination, planning and execution of the work within the Time of
Performance required by the Agreement.
(g) Rubbish, debris, waste, dust or surplus materials, shall not be allowed to
accumulate and shall be removed continuously and disposed of by the Contractor as the work
progresses. The City may elect if required, upon written notice to the Contractor, to perform
cleanup, the cost for which will be deducted from the Agreement amount
Section 26. Force Maieure. Neither City nor Contractor shall be responsible -for
delays in performance under this Agreement due to causes beyond its control, including but not
limited to acts of God, acts of the public enemy, acts of the Government, fires, floods or other
casualty, -epidemics, earthquakes, labor stoppages or slowdowns, .freight embargoes, unusually
severe weather, and supplier delays due to such causes. Neither economic nor market
conditions nor the financial condition of either party shall be considered a cause to excuse delay
pursuant to this subsection. Each party. shall advise the other promptly in writing of each such
excusable delay, its cause and its expected delay, and shall upon request update such advice.
Section 27. Attorney's Fees. In the event that either party commences any legal
action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party
9
in such action shall be entitled to reasonable attorney's fees, costs and necessary
disbursements, in addition to such other relief as may be sought and awarded.
Section 28. Entire Agreement. This Agreement, including attachments, incorporated
herein by reference, represents the entire integrated agreement and understanding between the
Parties, and supersedes all prior or contemporaneous negotiations, representations,
agreements, understandings and statements, written or oral. This Agreement may only be
modified by a writing signed by both Parties.
Section 29. Waiver. The waiver by either party of a breach or default by the. other
party shall not be deemed a waiver of any different or later breach whether of the same or other
covenant or condition; nor shall any delay or omission by either party to exercise any right it
may have under this Agreement operate as a waiver of any breach or default of such a right.
The failure of either party to this Agreement to exercise any of its rights under this Agreement
does not constitute a breach of it and shall not be deemed to be a waiver of such rights or a
waiver of any subsequent breach. 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.
Section 30. Cover Paae and Exhibits, Precedence. The Cover Page and all
documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement.
In the event of any material discrepancy between the express provisions of this Agreement and
the provisions of any document incorporated herein by reference, the provisions of this
Agreement shall prevail.
Section 31. Governing Law. The rights, obligations, duties and liabilities of the parties
to this Agreement and the interpretation of this Agreement shall be -governed by the domestic
law of the State of California, without regard to its laws regarding choice of applicable law. Any
litigation concerning this Agreement stall take place in the municipal, superior, or federal district
court with geographic jurisdiction over the'City of Vernon.
Section 32. City Not Obligated to Third Parties. City shall not be obligated or liable
under this Agreement to any party other than Contractor. City shall timely notify Contractor of
the receipt of any third -party claim relating to this Agreement. -.City-shall be entitled to recover its
reasonable costs incurred in providing the notification required by section.
Section 33. Headings. The headings used in --this Agreement are for convenience
only and shall in no way define, limit or describe the scope or intent of this Agreement or any
,part of it.
Section 34. Counterpart and Duplicate Originals. This Agreement may be executed
in counterpart originals, duplicate originals, or both, each of which -is -deemed to be an original
for all purposes.
Section 35. Authority to Execute this Agreement. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority
to execute this Agreement on behalf of Contractor and has the authority to bind -Contractor to
the performance of its .obligations hereunder.
10
Section 36. Severability. Invalidation of any provision contained herein or the
application thereof to any person or entity by.judgment or court order shall in no way affect any
of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to
any other person or entity, and the same shall remain in full force and effect.
[Signatures Begin on Next Page]
11
IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated
in the introductory clause.
City of Vernon, a California charter City
and California municipal corporation
By:
HILARIO GONZALES
Mayor
ATTEST:
WILLARD G. YAMAGUCHI, City Clerk
APPROVED AS TO FORM:
City Attorney
[CONTRACTOR'S NAME] -
By:
Name:
Title:
By:
Name:
Title:
U
EXHIBIT A
SCOPE OF WORK
Contractor shall provide the following services:.
SCHEDULE.OF WORK:
Provide a timeline in which work shall be commenced and completed
WARRANTY:
If applicable, indicate warranty
13
EXHIBIT B
SCHEDULE OF PAYMENT AND RATES or UNIT COSTS
City shall compensate Contractor for the satisfactory performance of the work
described in this Agreement in an amount not to exceed insert dollar amount in writing Dollars
($insert amount).
NOTE: PAYMENTS SHOULD BE TIED TO DELIVERABLES OR MILESTONES
14
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: November 3, 2010
TO: S. Kevin Wilson, Director of Community Services & Water
FROM: Willard Yamaguchi, City Clerk
RE: Resolution No. 2010-153 — A Resolution of the City Council of the City of Vernon
Authorizing the Issuance of a Request for. Proposals for the Provision of Street Lane Line
Striping Services to the City of Vernon
Transmitted herewith is a copy of Resolution No. 2010-153 referenced above, which was approved by
City Council on November 1, 2010.
Thank you.
WY:dj
Attachment
c: Resolution No. 2010-153
DATE: October 13, 2010
TO: Honorable Mayor and City Council
FROM: Samuel Kevin Wilson;D rector of Community Services and Water
RE: Citywide Street Lane Line Striping — Request for Proposals
Annually, the City of Vernon repaints the street lane lines throughout the City to
ensure their clear delineation. The City normally contracts for this because the work is done
much more efficiently by a private contractor that specializes in this work and has the equipment
and staff familiar with this type of installation. In order to minimize the impact on traffic in the
City, the contract will call for the striping to be done at night or on weekends with safe warning
equipment. Supervision of the work will be required of the selected contractor to eliminate any
hazards during installation and required effective scheduling will complete the work with
minimal impact on business operations in the City.
A Request for Proposals to do this work is recommended. The contract will be awarded
to a contractor with experience in this work and who will be responsive to the particular
requirements of the City. Moreover, if the contractor continues with his good work, the contract
can be extended each year with a cost of living increase of 75% of the consumer price index for
the previous year.
The City Attorney's office has reviewed and approved the enclosed Request for
Proposals. I recommend that the City Council authorize the issuance of a Request for Proposals
to secure a contractor with experience and expertise in the street lane striping.
r,
�Of
RECEIVED
L hh
OCT 1 3 2010
CGs�VELr 1NOJ��e
CITY CLERK'S OFFICE
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
TO: Mark Whitworth, City Administrator
FROM: Samuel Kevin Wilson, of Community Services & Water
DATE: October 13, 2010
SUBJECT: Citywide Street Lane Striping — Request for Proposals
Annually, the City of Vernon repaints the street lane lines throughout the City to ensure their
clear delineation. The City normally contracts for this because the work is done much more efficiently
by a private contractor that specializes in this work and has the equipment and staff familiar with this
type of installation. In order to minimize the impact on traffic in the City, the contract willcall for the
striping to be done at night or on weekends with safe warning equipment. Supervision of the work will
be required of the selected contractor to eliminate any hazards during installation and required
effective scheduling will complete the work with minimal impact on business operations in the City.
A Request for Proposals to do this work is recommended. The contract will be awarded to a
contractor with experience in this work and who will be responsive to the particular requirements of
the City. Moreover, if the contractor continues with his good work, the contract can be extended each
year with a cost of living increase of 75% of the consumer price index for the previous year.
The City Attorney's office has reviewed and approved the enclosed Request for Proposals. I
recommend that the City Council authorize the issuance of a Request for Proposals to secure a
contractor with experience and expertise in the street lane striping.
SKW/vr
Enclosure
Page 1 of 3
Arellano, Claudia
From: Katrina Gonzales [KGonzales@rwglaw.com]
Sent: Tuesday, October 05, 2010 3:08 PM
To: Arellano, Claudia
Subject: RE: Word versions of RFPs
Attachments: Vernon - RFP for Street lane line striping (KCG edits).DOC
Claudia,
Attached please find the marked -up version of the RFP for street lane line striping. Let me know if you need anything
else!
Sincerely,
Katrina
From: Arellano, Claudia [mailto:CArellano@ci.vernon.ca.us]
Sent: Tuesday, October 05, 2010 1:12 PM
To: Katrina Gonzales
Subject: RE: Word versions of RFPs
Thanks again.
From: Katrina Gonzales [mailto:KGonzales@rwglaw.com]
Sent: Tuesday, October 05, 2010 12:30 PM
To: Arellano, Claudia
Subject: RE: Word versions of RFPs
Thanks!
From: Arellano, Claudia [mailto:CArellano@ci.vernon.ca.us]
Sent: Tuesday, October 05, 2010 12:30 PM
10/5/2010
THE CITY OF VERNON
COMMUNITY SERVICES & WATER DEPARTMENT
SEEKS PROPOSALS FROM QUALIFIED
STREET LANE LINE STRIPING COMPANIES
Table of Contents
1.0 Introduction
2.0 Project Background
3.0 Selection Process, Criteria, and Schedule
4.0 Proposal Contents
5.0 Scope of Work
6.0 Compensation
1.0 Introduction
The City of Vernon is soliciting proposals from qualified firms for citywide street lane
line striping services. The City of Vernon requires that the street lane line striping be painted
each year to ensure high visibility of the lane lines for the safe travel of vehicles in the City. All
lane lines and painted median islands are to be painted.
Three (3) copies of each proposal should be submitted by 2:00 PM on December 15, 2010
to:
Samuel Kevin Wilson
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
All questions about the proposal must be in writing and should be directed to Samuel
Kevin Wilson, Director of Community Services. Services provided under this agreement will be
coordinated and overseen by the City of Vernon Department of Community Services.
2.0 Background
2.1 City of Vernon
The City of Vernon is primarily an industrial City located approximately 5 miles
southeast of downtown Los Angeles. The City has a small residential population, but is home to
1,200 businesses employing 55,000 people. Vernon was incorporated in 1905 and consists of
approximately 5 square miles within a built out environment.
2.2 Purpose
The City of Vernon requests written proposals from companies to provide the labor,
equipment and materials to paint all street lane lines on streets within the City of Vernon. The
lane lines include white and yellow painted lane lines that delineate lanes, turn pockets, center
medians and two-way turn medians.
3.0 Selection Process, Criteria and Schedule
3.1 City of Vernon Selection procedures
The City of Vernon will appoint a panel of technical representatives, to serve as the
selection recommendation panel for this service agreement. The selection recommendation panel
will evaluate the written proposals based on the selection criteria listed in Exhibit 2. The
selection recommendation panel may then interview short listed firms. The panel will make a
recommendation to the City Council as to the most qualified firm. The expected schedule for the
selection process is attached as Exhibit 3.
3.2 Contract Format
Vernon maintains a standard form of agreement, a copy which is attached as Exhibit 5.
Firms shall identify any exceptions or conditions contained in the agreement which would
prevent them from entering into an agreement with the City. The form of agreement will be on a
time and materials basis with a maximum authorized amount. The selected firm may be subject
to pre -award and post -completion audits.
3.3 Funding Sources
Funding for this project is expected to come from local funding sources.
4.0 Proposal Contents
4.1 Identification
Identify the firm (name of firm, address, telephone and fax numbers). Please indicate
whether the firm is a corporation, joint venture, partnership or sole proprietorship. Please provide
the same information for all sub -consultants that will be participating in this project.
4.2 Team Organization
Provide an organization chart showing the relationship of all sub -consultants to the prime
company and with each other. Specify the names of key staff that will be assigned to perform the
work.
4.5 Project Understanding and Proposed Approach
Describe the basic approach for completing the scope of work for the project.
4.6 Proposal Length
The proposal should not exceed 20 pages.
5.0 Scope of Work
5.1 Project Background
The City of Vernon maintains all roadways within its City boundaries and the street lane
line striping is part of the City's traffic related responsibilities. Street lane lines and median lane
lines are painted each year. The City of Vernon will secure the services of a licensed contractor
to complete the painting of the street lane lines in the City.
5.2 Required Tasks
The selected company will be required to provide all labor, equipment and materials to
paint all street lane lines in the City of Vernon with the specific type of materials required by the
City of Vernon. Scheduling, supervision and management of the painting to minimize the impact
on traffic in the City shall be provided by the contractor. Measurement and recordation of the
lengths of all lane lines painted shall be completed as part of this project. The work, the methods
of the work, traffic control and the type of paint and materials used shall conform to the Special
Provisions in Exhibit 4.
5.3 General Requirements
The Contractor will provide a plan for management, coordination and control to ensure
successful and timely completion of this project. The Contractor- selected will prepare a detailed
work plan, including schedule and cost breakdown for each task.
6.0 . Compensation
The unit costs and total contract cost the contractor will charge the City of Vernon shall
be submitted in a separate sealed envelope. The unit costs will be used for the life of the contract
and for any extra work requested by the City. The unit and contract costs shall be based on the
lengths and types of street lane lines in Exhibit 2. The lengths of lane lines are approximate and
will be used to evaluate the total proposal costs. Extra work is only that work approved in writing
by the City beyond the scope of the project. The scope of work includes, but is not limited to, all
work tasks, plans revisions, regulatory agency requirements, and work necessary to correct errors
and omissions.
LIST OF ATTACHMENTS
Exhibit 1
- Location Map
Exhibit 2
— Selection Criteria
Exhibit 3 - Proposed Schedule
Exhibit 4
— Special Provisions
Exhibit 5
— Sample Agreement
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SELECTION CRITERIA EXHTRIT 2
r,,r r r or %-itywiae Ntreet Lane Line Striping
Experience
The Bidder must have a minimum of five (5) years of experience as an ongoing business enterprise in
the specific type of work indicated in the proposal. The following contracts which show experience in work of
similar scope to that covered in the proposal and which have been satisfactorily completed in the past five (5)
years are:
YEAR NAME OF FIRM AND ENGINEER LOCATION CONTRACTAMOUNT
License
A proposal submitted by a Contractor who is not licensed in accordance with the provisions of
Division III, Chapter 9, of the Business and Professions Code of the State of California will not be
considered for award.
Contract and Bonds
(a) The form of Contract that the successful bidder, as the Contractor, will be required to execute is
included in the Contract Documents, and should be examined by the bidder with care. The Contract,
bonds and other documents to be executed by the Contractor shall be executed in original triplicate
stamped according to law. One original shall be filed with the City Clerk and the others with the
appropriate City departments.
(b) At the time the Contract is executed, the successful bidder will be required to furnish and maintain
the following: (1) a Labor and Material Bond in an amount equal to 100% of the Contract price and (2) a
faithful Performance Bond in an amount equal to 100% of the Contract price. The bonds shall be secured
from a surety company that the City finds acceptable. The surety's name must be on file with the County
Clerk of Los Angeles County and/or the California Department of Insurance as an approved and financially
sound surety company, authorized to transact business in this state.
The bonds shall meet all of the requirements and contain all of the conditions specified in Sections
3247 and 3248 inclusive, of the Civil Code, and other applicable provisions of the law and/or regulations
of the State of California.
Insurance Requirements
(a) Before entering into the Contract, the successful bidder shall furnish evidence that workers'
compensation insurance, general liability insurance, comprehensive vehicle liability insurance, and
all other insurance specified in the agreement have been procured. The insurer must be an
insurance company admitted in and authorized to do business in California and maintain a rating
that is acceptable to the City. The insurance procured must be maintained in full force and effect
for the entire duration of the agreement.
STREET. LANE LINE QUANTITIES AND ESTIMATE OF COSTS
Description
Quantity
Unit Cost/LF
Double Yellow Center line
100,000 LF
$
Two Way Left Turn Lane Line
50,000 LF
$
Broken Yellow Centerline
90,000 LF
$
Broken White Lane Line
200,000 LF
$
8 inch Solid White Lane Line
30,000 LF
$
Solid Yellow Centerline
2000 LF
$
Total Cost
Solid White Centerline 5000 LF $ $
Total Costs $
PROPOSED SCHEDULE EXHIBIT 3
RFP For Citywide Street Lane Line Striping
November 1, 2010 City Council approval to seek proposals
December 15, 2010 (2:00pm) Due date for proposals
SPECIAL PROVISIONS EXHIBIT 4
RFP for Citywide Street Lane Line Striping
SPECIAL PROVISIONS
Standard Specifications
For the purpose of this contract, STANDARD SPECIFICATIONS FOR PUBLIC
WORKS CONSTRUCTION (2009 Edition and supplements) shall apply.
Examination Of Site
The bidders must examine the site and judge at their own responsibility the location,
physical conditions, and surroundings of the proposed work.
Mobilization
The cost of all preparatory work and operations for the multiple movements of personnel,
equipment, supplies, and incidentals to the various project sites must be included in the various
bid items, and no extra compensation will be paid to the contractor.
Traffic Control
The Contractor shall conduct its operations so as to cause the least possible obstruction
and inconvenience to public traffic. Controlling traffic shall, be done by the Contractor and
payment for the work as such shall be considered as included in the unit prices bid for the various
contract items of work, and no further allowance shall be made therefore. The Contractor is
hereby notified that all lights, signs, barricades, flagmen or other devices necessary to provide for
public safety and convenience shall be furnished and maintained by the Contractor at its own
expense.
The City will prohibit parking in work areas during construction on 48 hours notice. All
signs shall be provided and posted by the Contractor. All signs, lights, and other warning devices
used shall be in accordance with State of California Manual of Uniform Traffic Control Devices.
Schedule of Work
The Contractor shall be called upon from time to time by the Director of Community
Services & Water or his authorized representatives to paint designated locations. The amount of
work will vary. Upon forty-eight (48) hours notification that work is ready to be undertaken, the
Contractor, shall begin the work. After a start time and date have been agreed on such work by the
City and Contractor, the Contractor shall show up on day and time agreed to. If the Contractor
fails to show up on that day or no shows, a charge of $50.00 per hour shall be charged to the
Contractor, with a minimum of five hours on a no show.
The City's annual painting will be done throughout the City and started within five (5)
days of written notice to proceed. The City will provide any necessary direction, maps, etc. The
Director of Community Services & Water reserves the right to designate the amount and
locations of work to be done under these specifications. No detours shall be used and public
traffic shall be permitted to pass through the work under way at all times under the specific
control of the Contractor. The Director of Community Services & Water will limit the hours of
operation.
Work shall be completed from 8:00 p.m. to 5:00 a.m. Monday through Friday or on
weekends.
Paint
The paint to be used on all work done under this contract shall be Pervo Paint Company,
water -based traffic paint, 8010=20BMAX white, black and 8010-20BMAX lead-free yellow, or
approval equal. Paint shall be installed per manufacture's instructions and the Special Provisions.
The Director of Community Services & Water reserves the right to determine the suitability of
the paint offered.
All paint loaded and used will be recorded to see if Contractor complies with Special
Provisions. If the total gallons of paint are not applied, the shorted gallons will be applied as
directed by the Director of Community Services & Water. Thinner shall not be mixed with paint.
Paint shall dry "tack free" within fifteen (15) minutes.
Beads
1. Beads shall be used. Beads shall be colorless and free from milkiness. Beads shall be
kept in a dry storage to prevent moisture absorption.
2. Beads shall. be applied uniformly at the rate of five (5) pounds to seven (7) pounds of
beads per gallon of paint. Beads shall be uniformly heated to not less than eighty (80)
degrees Fahrenheit when applied.
The cost of all paints, beads, other material and equipment required to complete the job
must be included in the various bid items, and no extra compensation will be paid to the
contractor.
Equipment
The paint striping machine used for this contract work shall be approved by the Director
of Community Services & Water and shall conform to the following minimum requirements.
The air compressor shall have a capacity of 100 cubic feet per minute. The machine
shall have a pressure bead dispenser capable of uniformly applying beads
immediately after application of the paint.
2. The machine shall have a minimum of one 60 gallon paint pot. The machine shall be
equipped with an automatic on -off device to produce skip lines, with adjustment to
match previous painting. The machine shall be capable of installing a double yellow
or eight inch line along the edge of curb. The paint machine shall be equipped with a
thermostatically controlled heating device to maintain a paint tank temperature of not
less than eighty (80) degrees Fahrenheit.
Surface Preparation
Before applying coating the surface should be clean and dry. The surface must be free
from dust, oil, grease, gasoline, and ponded water.
Application
One coat of paint and beads shall be applied at the following rates and in conformance
with the following requirements:
1. All striping, except turn lane lines, shall be four inches (4") in width, plus or minus
1/8", unless otherwise required by the Director of Community Services & Water.
Broken single stripes shall have a pattern of seven feet (7'), with a seventeen foot
(17') gap. Seven foot (7) sections are painted and seventeen foot (17') sections are
unpainted. Double solid lines shall be four inches (4") wide, each separated by a three
inch (3") wide black solid line; total width shall not be less than 10-5/8" and not more
than 11-3/8".
2. Two-way left turn lane stripes shall have a four inch (4") wide solid yellow outside
stripe and a four inch (4") wide yellow inner dashed stripe separated by a three inch
(3") wide black solid line. The dashed line shall be twelve feet (12') long with a
thirty-six foot (36') gap.
Solid single left turn lane shall be eight inches (8"), plus or minus 1/8".
4. The rate of application of paint and beads:
a. Broken single stripes: 5-6 gallons per mile.
b. Solid single stripes: 16-17 gallons per mile.
c. Two-way left turn stripes: 22-24 gallons per mile.
d. Solid eight inch (8") stripes: 32-34 gallons per mile.
e. Five (5) pounds of beads per gallon of paint.
£ The Director of Community Services & Water reserves the right to request
the highest limit where conditions so warrant.
5. All lines shall be clean and sharp as to dimensions. Ragged ends of segments,
fogginess along the sides or objectionable dribbling along the unpainted portions of
the stripes shall not be permitted. Any smears shall'be painted out with black paint or
removed (see Removal) to the satisfaction of the Director of Community Services &
Water.
6. The finished product shall have an opaque, well painted appearance with no black or
other discolorations showing through.
7. The Contractor shall take all reasonable precautions to protect the paint during drying
time and may be required to paint out or remove (see removal) all objectionable
tracking. No work shall be done when fog restricts visibility to less than one mile or.
when the pavement is appreciably damp.
Spotting and Alignment
The preliminary spotting will be done by the City. Existing lines shall be followed in
such a manner as to present a uniform pleasing appearance and misalignment or disregard to
previous painting will not be permitted. Abrupt breaks in alignment between broken segments
will not be permitted. The Director of Community Services & Water shall be the sole judge on
the accuracy and acceptability of the alignment of the work.
Change in Work
The Director of Community Services & Water reserves the right to add or delete footage
as shown in the Bids.. The Director of Community Services & Water or his representatives shall
inspect completed lines and may inform the Contractor of any faulty methods or unsatisfactory
results. Lines considered unsatisfactory shall be repainted or if in very bad condition will be
removed by approved method and repainted. All rework will be at the Contractor's expense and
the Director of Community Services & Water shall be the sole judge as to the acceptability of the
completed line.
Measurement
Painted street lane striping will be measured by the linear foot along the line of the traffic
striping, without deductions for gaps in broken traffic stripes. Broken lane lines, white and
yellow are measured from the center of a starting intersection through all intersections and
railroad crossings to the center of the last intersection. The measurement of broken white and
yellow lane lines shall include any solid lead lines at intersections and railroad crossings. A
double yellow traffic stripe, consisting of two 4-inch wide yellow stripes separated by a 3-inch
wide stripe, will be measured as one traffic stripe. Two-way left -turn yellow lane lines shall be
the same as double yellow, except one 4-inch stripe shall be broken. Two-way left -turn yellow
lane lines will be measured as one traffic stripe.
Payment
The contract prices paid per linear foot for paint traffic stripes shall include full
compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing
the work involved in painting traffic stripes (regardless of the number, widths, and patterns of
individual stripes involved in each traffic stripe) as specified in these specifications and special
provisions, and as directed by the Director of Community Services & Water.
Footage of painted lines shall be measured for payment by standardized odometer. Other
units for which payment is to be made shall be measured in accordance with the units designated
in the bids.
Removal
Paint line removal shall be performed by either sandblasting or water blasting technique,
meeting the requirements and restrictions of the State Pollution Control Agency. The amount of
removal and the amount of blackout will be determined during the inspection of the work.
Contract Period
This agreement shall expire one year from the date of execution.
Contract Extension
The agreement may be extended by mutual agreement with the City and Contractor, one
year at a time.
Compensation
The'Contractor shall be entitled to a percentage adjustment in the bid price each year
hereafter if the agreement is extended. The bid prices will be increased or decreased in
accordance with the United States Department of Labor, Bureau of Labor Statistics
Consumer Price Index for All Urban Consumers for Los Angeles -Riverside -Orange Co.
Standard Metropolitan Statistical Area, as published for the month of July each year. The
bid price will be adjusted by 75% of the Consumers Price Index increase or decrease.
EXHIBIT 5
PUBLIC WORKS AGREEMENT BETWEEN THE CITY OF
VERNON AND CONTRACTOR'S NAME FOR BRIEF
DESCRIPTION OF WORK
COVER PAGE
Name of Contractor:
Responsible Principal of Contractor:
Notice Information Contractor:
Notice Information- City:
Commencement Date:
Termination Date:
Consideration:
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insert name of Contractor
insert name, title
insert street address
insert City, state, zip code
Attention: insert name, title
Phone: insert phone number
Facsimile: insert fax number
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Mark Whitworth, interim City
Administrator
Telephone: (323) 583-8811 ext.
Facsimile: (323) 826-1408
insert commencement date
insert termination date, unless extended
pursuant to Section 2
Total not to exceed $insert amount
(includes all applicable sales tax);
and more particularly described in
Exhibit insert appropriate Exhibit letter
PUBLIC WORKS AGREEMENT BETWEEN THE CITY OF
VERNON AND CONTRACTOR'S NAME FOR BRIEF
DESCRIPTION OF WORK
THIS AGREEMENT is made and entered into as of , 2010 (the
"Effective Date"), by and between the City of Vernon, a California charter City and California
municipal corporation ("City"), and Contractor's Name, a State incorporated in corporation
("Contractor"). City and Contractor are collectively referred to herein as the "Parties."
RECITALS
A. City desires to obtain the services of a Contractor to perform work as described
in Exhibit A ("Project"),
B. Contractor represents that it is licensed, qualified and capable of furnishing the
labor, materials, and expertise necessary to perform the services in accordance with the terms
and conditions set forth in this Agreement.
NOW, THEREFORE, the parties agree as follows:
Section 1. Contractor's Services. Contractor shall perform and complete in good
and workmanlike manner the Scope of Work described in Exhibit A in a manner satisfactory to
City. Contractor shall be responsible for the professional quality, technical accuracy, and
coordination of work performed under this Agreement and without additional compensation shall
correct, revise or otherwise remedy any defect or deficiency in work identified as complete by
Contractor and delivered to City.
Section 2. Time of Performance. Contractor shall commence its services under this
Agreement upon the Commencement Date set forth on the Cover Page or upon receipt of a
written notice to proceed from City, whichever is sooner. Contractor shall perform the services
on or by the Termination Date set forth on the Cover Page, unless extended in writing by the
City Administrator or his designee pursuant to the same terms and conditions of this. Agreement.
The period of time between the date services are to commence, and the Termination Date, is
the Time of Performance.
Section 3. Compensation.
(a) Compensation. City agrees to compensate Contractor for the services and/or
goods provided under this Agreement, and Contractor agrees to accept in full satisfaction for
such services, a sum not to exceed the Consideration set forth on the Cover Page and more
particularly described in Exhibit B.
(b) Expenses. The amount set forth in subsection (a) shall include
reimbursement for all actual and necessary expenditures reasonably incurred in the
performance of this Agreement (including, but not limited to, all labor, materials, delivery, tax,
assembly, and installation, as applicable). There shall be no claims for additional compensation
for reimbursable expenses.
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(c) Additional Services. City may from time to time require Contractor to perform
additional services not included in the Scope of Work. Such requests for additional services
shall be made by City in writing and agreed upon by both parties in writing.
Section 4. Method of Payment. City shall pay Contractor . said Consideration in
accordance with the method and schedule of payment set forth in Exhibit B.
(a) If City fails to make any progress payment within 30 days after receipt of
an undisputed and properly submitted payment request from Contractor, City shall pay interest
to Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the
Code of Civil Procedure. For purposes of this section, a "progress payment" includes all
payments due Contractor, except that portion of the final payment designated by this Agreement
as retention earnings.
(b) Upon receipt of a payment request, City shall review it as soon as
practicable after receipt for the purpose of determining that the payment request is a proper
payment request.
(c) Any payment request determined not to be a proper payment request
suitable for payment shall be returned to Contractor as soon as practicable, but not later than
seven days, after receipt. A request returned pursuant to this subsection shall be accompanied
by a document setting forth in writing the reasons why the payment request is. not proper.
(d) The number of days available to a City to make a payment without
incurring interest pursuant to this section shall be reduced by the number of days by which City
exceeds the seven-day return requirement set forth in subsection (c) of this section.
Section 5. Close Out. Prior to final payment, Contractor will be required to complete
a close-out form certifying that all work has been completed and releasing City (and any other
party owning property with respect to which Contractor performed services hereunder) from all
further obligations and liabilities.
Section 6. Independent Contractor.
(a) Contractor is and shall at all times remain, as to City, a wholly
independent contractor. The personnel performing the Services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither
City nor any of its City Council members, officers, officials, employees, agents, or volunteers
shall have control over the conduct of Contractor or any of Contractor's officers, employees, or
agents except as set forth in this Agreement. Contractor shall not at any time or in any manner
represent that it or any of its officers, employees, or agents are in any manner officers, officials,
employees, agents, or volunteers of City. Contractor shall not incur or have the power to incur
any debt, obligation or liability whatsoever against City, or bind City in any manner.
(b) No employee benefits shall be available to Contractor or its officers,
employees, or agents in connection with the performance of this Agreement. Except for
Consideration paid to Contractor as provided in the Agreement, City shall not pay salaries,
wages, or other compensation to Contractor for performing Services hereunder for the City.
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City shall not be liable for compensation or indemnification to Contractor or its officers,
employees, or agents for injury or sickness arising out of performing Services hereunder.
(c) Contractor agrees to pay and be responsible for paying all Federal, State
and local taxes for compensation received by Contractor from City while performing services for
City.
Section 7. Contractor's Duties and Representations
Contractor represents, covenants and agrees as follows:
(a) There are no obligations, commitments, or impediments of any kind that
will limit or prevent performance of the Services.
(b) Contractor has no interest and shall not have any interest, direct or
indirect, which would conflict in any manner with the performance of the Services contemplated
by this Agreement. No person having any such interest, shall be employed by or be associated
with Contractor.
(c) There is no litigation pending against Contractor and Contractor is not the
subject of any criminal investigation or proceeding, and neither Contractor nor its personnel, to
its actual knowledge, have been convicted of a felony.
Section 8. Assignment. This Agreement shall not be assigned in whole or in part by
Contractor without the prior written approval of City. Any attempt by Contractor to so assign or
subcontract this Agreement or any rights, duties or obligations arising hereunder shall be void
and of no effect. _.Ln the. event City grants written approval to Contractor to subcontract work
under this Agreement, Contractor is prohibited from using a subcontractor who is ineligible to
perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code.
Section 9. Responsible Principal(s).
(a) Contractor's Responsible Principal set forth on the Cover Page shall be
principally responsible for -Contractor's obligations under this Agreement and shall .serve as
principal liaison between City and Contractor. Designation of another Responsible Principal by
Contractor shall not be made without prior written consent of City.
(b) City's `Responsible -Principal shall be the City Administrator or his designee
set forth on the Cover Page who shall administer the terms of the Agreement on behalf of City.
Section 10. Personnel. Contractor represents that it has, or shall secure at its own
expense, all personnel required to perform Contractor's services under this Agreement. All
personnel engaged in the work shall be qualified to perform such work
Section 11. Changes to the Scope of Work.
(a) City may at any time by a written order, and without notice to third parties,
make changes within the general Scope of Work. If any such change causes an increase or
decrease in the cost of, or the time required for, the performance of any part of the work under
C!
this Agreement, whether changed or not changed by any such order, an equitable adjustment
shall be made in price or delivery, or both, and this Agreement shall be modified in writing
accordingly. Nothing in this subsection shall excuse Contractor from proceeding with the work
as changed.
(b) No change is authorized unless signed by City's Responsible Principal.
Changes made by Contractor without written authorization shall be made at the sole risk of
Contractor, there being no recourse against City.
Section 12. Technical Materials. City reserves all rights to designs, drawings,
blueprints, tools, dies, patterns, plates or other technical materials furnished or paid for by City,
and Contractor shall use such materials in strict confidentiality and shall return the same to City
at its request upon completion or termination of this Agreement. Contractor shall not copy or
otherwise use any such materials for any purposes other than the completion of this Agreement.
Contractor shall keep confidential and not disclose to others all other matters which have been
made available by City in confidence or which reasonably can be regarded as sensitive or
confidential in nature.
Section 13. Records, Inspection And Audit. During the course of work being
performed pursuant to this Agreement, Contractor and any of its subcontractors, shall maintain
and retain, not less than three (3) years after Termination Date, complete and accurate records
of the Contractor's costs which are chargeable to the City under this Agreement. City or its
designated, authorized representatives, shall have the right during this three (3) year period,
upon written reasonable notice, to inspect and audit those records. Such records to be.
maintained and retained by the Contractor shall include: (a) payroll record accounting for the
total time distribution of the Contractor's employees working full or part time on the work (to
permit tracing to payroll payments in cash); (b) invoices for purchases, receiving and issuing
documents, and all the other unit -inventory records for the Contractor's stores, stock or capital
items; (c) paid invoices and canceled checks for material purchased and for the subcontractor's
and any other third parties' charges; and (d) any other documentation City deems necessary to
support costs and charges under this Agreement.
Section 14. Insurance.
(a) Contractor shall at all times during the term of this Agreement carry, maintain,
and keep in full force and effect, a policy or policies of Comprehensive General Liability
Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence,
combined single limit, against any personal injury, death, loss or damage resulting from the
wrongful or negligent acts by Contractor or Contractor's officers, employees, or agents.
(b) Contractor shall at all times during the term of this Agreement carry, maintain,
and keep in full force and effect, a policy or policies of Comprehensive Vehicle Liability
Insurance covering personal injury and property damage, with minimum limits of One Million
Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by
Contractor or Contractor's officers, employees, or agents in performing the services required by
this Agreement.
(c) Contractor agrees to maintain in force at all times during the performance of
work under this Agreement workers compensation insurance as required by law.
5
(d) Contractor shall at all times during the term of this Agreement carry, maintain,
and keep in full force and effect, a policy or policies of Excess Liability Insurance, with minimum
limits of Two Million Dollars ($2,000,000.) for each occurrence, combined single limit. Each
Excess Liability Insurance policy shall provide policy coverage and terms at least as broad as
those required of the primary insurance and shall provide that such Excess Liability Insurance
policy will drop down and assume the underlying insurer's obligations and provide coverage in
the event the underlying insurer becomes insolvent.
(e) Contractor shall require each of its sub -consultants or sub -contractors to
maintain insurance coverage that meets all of the requirements of this Agreement.
(f) The policy or policies required by this Agreement shall be issued by an
insurer admitted in the State :of California and with a rating of at least a B+;VII in .the latest
edition of Best's Insurance Guide.
(g) Contractor agrees that if it does not keep the aforesaid insurance in full force
and effect City may either immediately terminate this Agreement or, if insurance is available at a
reasonable cost, City may take out the necessary insurance and pay, at Contractor's expense,
the premium thereon.
(h) At all times during the term of this Agreement, Contractor shall maintain on
file with the Risk Manager a certificate or certificates of insurance, satisfactory to the City
Attorney and Risk Manager, along with a copy of the policy declarations page for each policy,
showing that the aforesaid policies are in effect in the required amounts. Upon request by City,
Contractor shall cause its insurers to issue certified copies of the insurance policies evidencing
that the coverage and policy endorsements required under this Agreement are maintained in
force. Contractor shall, -prior to commencement of work under this Agreement, file with the Risk
Manager such certificate or certificates and a copy of the policy declarations page for each
policy.
(i) All of the policies of insurance required by this Agreement shall contain-(1) an
endorsement naming the City, its City Council members, officers, officials, employees, agents,
and volunteers as additional insureds, (2) an endorsement providing that the policies cannot be
canceled or reduced except with thirty (30) days prior written notice to City, and (3) an
endorsement specifically stating that the coverage contained in the policies affords insurance
pursuant to the terms and conditions as set forth in this Agreement.
0) The insurance provided by Contractor .shall be primary to any coverage
available to City, and -any insurance or self-insurance maintained -by City, its City Council
members officers, officials, employees, agents, or volunteers shall be in excess of Contractor's
insurance and shall not contribute to it. The policies of insurance required by this Agreement
shall include -provisions for waives of subrogation. Contractor hereby waives all rights -of
subrogation against City, its City Council members, officers, officials, employees, agents, and
volunteers.
(k) Any deductibles or self -insured retentions must be declared to and approved
by City. At the option of 'City, Contractor shall either reduce or eliminate the deductibles or self -
insured retentions with respect to City, or Contractor shall procure a bond guaranteeing
payment of losses and expenses.
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Section 15. Indemnification. To the fullest extent permitted by law, Contractor agrees
to defend, indemnify and hold harmless City and its City Council members, officials, officers,
agents, employees, and volunteers from any and all claims, suits, actions, demands, damages,
liabilities, expenses, judgments, settlements, penalties, losses, fines, and all costs and
expenses incurred in connection therewith, including without limitation, interest, reasonable
attorney's fees and all costs of defense, arising out of, resulting from, connected with or
attributable to the intentional, reckless, negligent, or otherwise wrongful acts, errors; or
omissions of Contractor or its employees or agents in the performance of this Agreement.
THE PROVISIONS OF THIS SECTION SHALL NOT TERMINATE OR EXPIRE, SHALL
BE GIVEN THE BROADEST POSSIBLE INTERPRETATION, AND SHALL SURVIVE THE
EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
The obligations in this Section are in addition to Contractor's duty to provide insurance
and shall not be limited by any limitation on the amount or type of insurance coverage carried by
Contractor.
Section 16. Termination.
(a) City shall have the right to terminate this Agreement for any reason or for no
reason upon five (5) days written notice to Contractor. Contractor agrees to cease all work
under this Agreement on or before the effective date of such notice. This right of termination
shall be in addition to any remedies provided by applicable law for any breach or default under
this Agreement, including the right to terminate this Agreement in the event of a breach or
default and the right to recover any damages resulting from such breach or default.
(b) In.the event of termination or cancellation of this Agreement by City, due to
no fault or failure of performance by Contractor, Contractor shall be paid based on the
percentage of work satisfactorily performed at the time. of termination. In no event shall
Contractor be entitled to receive more than the amount that would be paid Contractor for the full
performance of the services required by this Agreement. Contractor shall have no other claim
against City by reason of such termination, including any claim for compensation.
Section 17. Notice. Any notice, bills, invoices, etc. required by this Agreement shall
be deemed received on (a) the day of delivery if delivered by hand during the receiving party's
regular business hours or by facsimile before or during the receiving party's regular business
hours; or (b) on the second business day following deposit in the United States mail, postage
prepaid to the addresses set forth on the Cover Page, or to such other addresses as the parties
may, from time to time, designate in writing. pursuant to this section.
Section 18. Certification. In accordance with the provisions of Section 3700 of the
Labor Code, Contractor shall secure the payment of compensation to Contractor's employees.
By executing this Agreement, Contractor certifies the following: Contractor is aware of ,the
provisions of Section 3700 of the Labor Code which 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 Contractor will comply with such provisions before commencing the
performance of the work of this Agreement.
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Section 19. Standard Specifications. The work done pursuant to this Agreement shall
be done in accordance with the provisions of the most current edition of "Standard
Specifications for Public Works Construction" (commonly known as "the Green Book") including
Supplements, prepared and promulgated by the Southern California Chapter of the American
Public Works Association and the Associated General Contractors of California, which
specifications are hereinafter referred to as the "Standard Specifications." The provisions of
these Standard Specifications shall apply to the work performed under this Agreement, unless
different standards are specified on the Cover Page or agreed to in writing by the City.
Section 20. Compliance with Laws. Contractor shall keep itself informed of and
comply with all Applicable Laws, including without limitation, the Fair Labor Standards Act, the
Occupational Safety and Health Act and all those Applicable Laws relating in any way to
employment -practices and protection of the environment. Contractor shall :not discriminate
against any employee or any applicant for employment for reasons of race, color, creed,
religion,, sex, sexual preference,;age or national origin. For purposes of this section, "Applicable
Laws" shall mean any and all laws, regulations, rules, orders, directives, judgments, decrees,
permits, approvals or other applicable requirements of any governmental entity or agency
having jurisdiction that are applicable to any aspect of this Agreement that are in force on the
Effective Date and as they may be enacted, issued or amended during the term of this
Agreement.
Section 21. Enforcement of Wage and Hour Laws. Eight hours labor constitutes a
legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25)
for each worker employed in the execution of this Agreement by the respective Contractor or
subcontractor for each calendar day during which the worker is required or permitted to work
more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation
of the provisions-ef Sections 1810 through 1815 of the California Labor Code as a penalty paid
to the City; provided, however, work performed by employees of contractors in excess of 8
hours per day, and 40 hours during any one week, shall be permitted upon compensation for -all
hours worked in excess of 8 hours.per day at not less than 11/2 times the basic rate of pay.
Section 22. Materials and Workmanship. City shall have the right to inspect any
material used. Material furnished shall be new, complete, ready -for -use and of the latest model,
shall not have been used in demonstration or other services and shall -have all the ,usual
equipment as shown by its manufacturer's current specifications and catalogs, unless otherwise
specified. Equipment, supplies or services that fail to comply with the Agreement requirements
-regarding design, material or workmanship may be rejected at the option of City. Any materials
rejected shall be removed from City premises at the Contractor's sole expense.
Section 23. Licenses and Permits. Except as provided herein below, Contractor shall
obtain and .pay_for all certificates, permits and licenses required by federal, state or local law,
rule or regulation. Costs for obtaining City permits required under this Agreement will -be
waived. All ,requirements for obtaining permits (including City permits) remain in effect and are
not waived; only the costs of -City permits are waived.
Section 24. Assignment of Unfair Business Practices. Contractor and its
subcontractor 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. Sec. 15) or under the
Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the
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Business and Professions Code), arising from purchases of goods, services, or materials
pursuant to the public works contract or the subcontract. This assignment shall be made and
become effective at the time City tenders final payment to Contractor, without further
acknowledgment by the parties.
Section 25. Special Conditions
(a) Hours of Work. All construction activity shall be performed only between the
hours of a.m. and p.m., Monday through Friday. For any construction
activity to be performed after these hours or on weekends, Contractor shall obtain the written
approval of the City's representative. ,
(b) Conduct of the Work. Workmen shall behave, at all times, in a courteous,
professional manner. While on site, or entering or exiting the site, there shall be no loud noise,
shouting or other extraneous activity that might cause disruption to staff or patrons as the case
may be. The operations of City Hall will remain open throughout the construction period.
(c) Storage will be limited to the Project area.
(d) Inspection. City shall have the right to inspect Contractor's work at all
reasonable times.
(e) Contractor shall have a competent representative on the Project site at all
times work is in progress. Communication given to the representative shall be binding as if
given to the Contractor. Contractor shall immediately replace any individual who ceases to
perform his duties satisfactorily, in the opinion of the City's representative, with a qualified,
competent replacement acceptable to the City's representative.
(f) ,Contractor shall submit schedule information to the City's representative for
integration into the overall Project schedule. Activity information shall be of sufficient detail to
ensure adequate coordination, planning and execution of the work within the Time of
Performance required by the Agreement.
(g) Rubbish, debris, waste, dust or surplus materials, shall not be allowed to
accumulate and shall be removed continuously and disposed of by the Contractor as the work
progresses. The City \may elect if required, upon written notice to the Contractor, to perform
cleanup, the cost for which will be deducted from the Agreement amount.
Section 26. Force Maieure. Neither City nor Contractor shall be responsible for
delays in performance under this Agreement due to causes' beyond its control, including but not
limited to acts of God, acts of the public enemy, acts of the Government, fires, floods or other
casualty, epidemics, earthquakes, labor stoppages or slowdowns, freight embargoes, unusually
severe weather, and supplier delays due to such causes. Neither economic nor market
conditions nor the financial condition of either party shall be considered a cause to excuse delay
pursuant to this subsection. Each party shall advise the other promptly in writing of each such
excusable delay, its cause and its expected delay, and shall upon request update such advice.
Section 27. Attorney's Fees. In the event that either party, commences any legal
action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party
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in such action shall be entitled to reasonable attorney's fees, costs and necessary
disbursements, in addition to such other relief as may be sought and awarded.
Section 28. Entire Agreement. This Agreement, including attachments, incorporated
herein by reference, represents the entire integrated agreement and understanding between the
Parties, and supersedes all prior or contemporaneous negotiations, representations,
agreements, understandings and statements, written or oral. This Agreement may only be
modified by a writing, signed by both Parties.
Section 29. Waiver. The waiver by either party of a breach or default by the other
party shall not be deemed a waiver of any different or later breach whether of the same or other
covenant or condition; nor shall any delay or omission by either party to exercise any right it
may have under this Agreement operate as a waiver of any breach or default of such a right.
The failure of either party to this Agreement to exercise any of its rights under this Agreement
does not constitute a breach of it and shall not be deemed to be a waiver of such rights or a
waiver of any subsequent breach. 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.
Section 30. Cover Page and Exhibits; Precedence. The Cover Page and all
documents referenced as exhibits in this Agreement are hereby incorporated in -this Agreement.
In the event of any material discrepancy between the express provisions of this Agreement and
the provisions of any document incorporated herein by reference, the provisions of this
Agreement shall prevail.
Section 31. Governing Law. The rights, obligations, duties and liabilities of the parties
to this Agreement and the interpretation of this Agreement shall be governed by the domestic
law of the State of California, without regard to its laws regarding choice of applicable law. Any
.litigation concerning this Agreement shall take place in the municipal, superior, or federal district
court with geographic jurisdiction over the City, of Vernon.
Section 32. City Not Obligated to Third Parties. City shall not be obligated or liable
under this Agreement to any party other than Contractor. City shall timely notify Contractor of
the receipt of any third -party claim relating to this Agreement. -City shall be entitled to recover its
reasonable costs incurred in providing the notification required by section.
Section 33. Headings. The headings used -in-this Agreement are for convenience
only and shall in no way define, limit or describe the scope or intent of this Agreement or any
-part of it.
Section 34. Counterpart and Duplicate Originals. This Agreement may be executed
in counterpart originals, duplicate originals, or both, each of which -is -deemed. to be an original
for all purposes.
Section 35. Authority to Execute this -Agreement. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority
to execute this Agreement on .behalf of Contractor and has the authority to bind Contractor to
the performance of its obligations hereunder.
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Section 36. Severability. Invalidation of any provision contained herein or the
application thereof to any person or entity by judgment or court order shall in no way affect any
of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to
any other person or entity, and the same shall remain in full force and effect.
[Signatures Begin on Next Page]
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IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated
in the introductory clause.
City of Vernon, a California charter City
and California municipal corporation
By:
HILARIO GONZALES
Mayor
ATTEST:
WILLARD G. YAMAGUCHI, City Clerk
APPROVED AS TO FORM:
City Attorney
[CONTRACTOR'S NAME]
By:
Name:
Title:
By:
Name:
Title:
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EXHIBIT A
SCOPE OF WORK
Contractor shall provide the following services:
SCHEDULE OF WORK:
Provide a timeline in which work shall be commenced and completed
WARRANTY:
If applicable, indicate warranty
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EXHIBIT B
SCHEDULE OF PAYMENT AND RATES or UNIT COSTS
City shall compensate Contractor for the satisfactory performance of the work
described in this Agreement in an amount not to exceed insert dollar amount in writing Dollars
($insert amount).
NOTE: PAYMENTS SHOULD BE TIED TO DELIVERABLES OR MILESTONES
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