HomeMy WebLinkAboutTraffic Limited - 2019-09-06SHORT FORM CONSTRUCTION CONTRACT #1920135
This Agreement is made and entered on September 6th, 2019, in
Ukiah, California, by and between Traffic Limited, a Spit Kdpe►t.'.o(SLF)
("Contractor") and the City of Ukiah ("City"), a general law
municipal corporation.
RECITALS:
1. The plans and specifications for this work ("the Work")
are contained in Exhibit A - Bid Specification, which is attached
hereto and incorporated herein by this reference.
2. Contractor is properly licensed and qualified to perform
the work.
3. Whenever this Agreement calls for City approval or
notification, the approval or notification must be signed by the
City Manager or his or her designee.
AGREEMENT:
Wherefore, in consideration of the foregoing facts and the
terms and conditions as further stated herein, the parties hereby
agree as follows.
1. PERFORMANCE OF THE WORK
Contractor will perform the Work as further provided herein.
1.1 Time of Performance. Contractor shall commence the Work
when receiving a formal Notice to Proceed, and shall complete the
Work as soon as possible.
1.1.1. 0 [check if applicable] It is agreed by the parties to
the contract that time is of the essence and that, in case all
the work is not completed before or upon the expiration of the
time limit as set forth, damage, other than those cost items
identified in section 1.1.2, will be sustained by the City and
that it is and will be impracticable to determine the actual
amount of damage by reason of such delay; and it is therefore
agreed that, subject to Sections 1.13-1.14, below, the
Contractor will pay to the City the sum of five hundred dollars
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($500.00) per day for each and every calendar day's delay beyond
the time prescribed.
1.1.2 ❑ [check if applicable] In case the work called for
under this contract is not completed within the time limit
stipulated herein, the City shall have the right as provided
hereinabove, to extend the time of completion thereof. If the
time limit be so extended, the City shall have the right to
charge to the Contractor and to deduct from the final payment
for the work the actual cost to the City of engineering,
inspection, superintendence and other overhead expenses which
are directly chargeable to the contract and which accrue during
the period of such extension, except that the cost of final
unavoidable delays shall not be included in such charges.
1.2 Construction of Contract Documents. Contractor will
perform the Work in compliance with the plans and specifications
set forth in the attached Exhibit A. If there is any inconsistency
or conflict between the plans and the specifications, the
specifications will prevail. If there is any inconsistency between
the plans and the specifications and this agreement, the terms of
this Agreement shall prevail, unless expressly stated otherwise in
a particular specification.
1.3 Contractor furnished items. Contractor will furnish all
necessary labor, materials, tools, equipment, and transportation
necessary to perform the Work.
1.4 SB 854 requirements
1.4.1 No contractor or subcontractor may be listed on a
bid proposal for a public works project (submitted on or after
March 1, 2015) unless registered with the Department of
Industrial Relations pursuant to Labor Code section 1725.5 [with
limited exceptions from this requirement for bid purposes only
under Labor Code section 1771.1(a)].
1.4.2 No contractor or subcontractor may be awarded a
contract for public work on a public works project (awarded on
or after April 1, 2015) unless registered with the Department of
Industrial Relations pursuant to Labor Code section 1725.5.
1.4.3 This project is subject to compliance monitoring
and enforcement by the Department of Industrial Relations.
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1.4.4 The Labor Commissioner through the Division of
Labor Standards Enforcement (DLSE) may at any time require
contractors and subcontractors to furnish electronic certified
payroll records directly to DLSE. Commencing with contracts
awarded or after April 1, 2015, all contractors and
subcontractors must furnish electronic certified payroll records
directly to the DLSE.
1.4.5 The Prime Contractor is required to post job
notices at the job site as prescribed by regulations (currently,
8 CCR §16451(d).)
1.5 Use of Employees.
1.5.1. Contractor and any subcontractors shall pay
all mechanics and laborers employed by them to work upon the site
of the work unconditionally and without subsequent deductions or
rebate on any account the full amounts due at the time of payment
at wage rates not less than those contained in the applicable
prevailing wage determination, regardless of any contractual
relationship which may be alleged to exist between the Contractor
and subcontractors and such laborers and mechanics.
1.5.2. Contractor shall comply with the California
Labor Code Section 1775. In accordance with said Section 1775,
Contractor shall forfeit as a penalty to the City, $50.00 for each
calendar day or portion thereof, for each workman paid less than
the stipulated prevailing rates for such work or craft in which
such workman is employed for any work done under the Contract by
him or her or by any subcontractor under him or her in violation
of the provisions of the Labor Code and in particular, Labor Code
Sections 1770 to 1780, inclusive. In addition to said penalty and
pursuant to Section 1775, the difference between such stipulated
prevailing wage rates and the amount paid to each workman for each
calendar day or portion thereof for which each workman was paid
less than the stipulated prevailing wage rate shall be paid to
each workman by the Contractor.
1.5.3. Pursuant to the provision of Section 1770 of
the Labor Code of the State of California, City has ascertained
the general prevailing rate of wages (which rate includes employer
payments for health and welfare, vacation, pension and similar
purposes) applicable to the work to be done, for straight time
work. The holiday wage rate listed shall be applicable to all
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holidays recognized in the collective bargaining agreement of the
particular craft, classification, or type of workers concerned.
Copies of the General Prevailing Wage Determination are on file in
the office of the City Engineer and are available to the Contractor
on request. The Contractor shall post the wage determination at
the site of work in a prominent place where the workers can easily
see it.
1.5.4. City will not recognize any claim for
additional compensation because the Contractor has paid any rate in
excess of the prevailing wage rate obtained from the City Engineer.
The possibility of wage increases is one of the elements to be
considered by the Contractor in determining his or her bid and will
not in any circumstances be considered as the basis for a claim
against the City.
1.5.5. Travel and Subsistence Payments.
Contractor shall make travel and subsistence payments to
each worker needed to execute the work in accordance with the
requirements in Section 1773.8 of the Labor Code (Chapter 880,
Statutes of 1968).
1.5.6. Apprentices.
Attention is directed to the provisions in Sections
1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the
California Labor Code concerning the employment of apprentices
by the Contractor or any subcontractor under him. Contractor and
any subcontractor under him or her shall comply with the
requirements of said sections in the employment of apprentices.
Information relative to apprenticeship standards,
wage schedules and other requirements may be obtained from the
Director of Industrial Relations, ex officio the Administrator
of Apprenticeship, San Francisco, California, or from the
Division of Apprenticeship Standards and its branch offices.
Copies of Labor Code Sections 1771 (requiring prevailing wages),
1775 (imposing penalties, including a $50 per day, per worker
forfeiture, for failure to pay prevailing wages), 1776 (requiring
contractor to maintain available for inspection certified payroll
records), 1777.5 (requiring certain apprenticeship programs), 1813
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(imposing penalties for failure to make records available for
inspection) and 1815 (requiring time and ' for overtime) are
available at the Department of Industrial Relations website at
http://www.dir.ca.gov/
1.6 CITY Inspector. CITY may designate an architect, engineer,
other design professional or other inspector ("Inspector") to
supervise and/or inspect Contractor's performance of the Work. The
Inspector shall have no authority to change the Work, the
compensation for performing the Work or the time for completing the
Work without City's prior written approval. City shall notify the
Contractor in writing, if it designates an Inspector.
1.7 Site Conditions. Contractor acknowledges that it has
inspected the work site and any improvements involving the Work and
satisfied itself as to the conditions which can affect the Work or
its cost. Contractor has not relied on any representation by CITY
or its officers or employees as to the condition of the site or the
houses or any condition that might affect the cost of performing
this Agreement.
1.8 New Products Required. All equipment, materials or
fixtures furnished by Contractor under this Agreement shall be new
and of the most suitable grade for the intended purpose, unless
otherwise specifically provided.
1.9 Compliance with Laws. The Contractor shall give all
notices and comply with all applicable laws, ordinances, codes,
rules and regulations. The Contractor shall secure and pay for all
permits, fees, and licenses necessary for the proper execution and
completion of the work.
1.10 Protection of Site and Improvements. The Contractor
shall preserve and protect the site, grounds and any involved
improvements and shall not alter or damage any portion thereof,
except as is absolutely necessary in order to perform the Work. The
Contractor shall repair or replace, as directed by CITY, any
property that it damages, looses or destroys in violation of this
paragraph. Contractor shall assume full responsibility for
maintaining the safety of the worksite in compliance with all
applicable state and federal worker safety and protection laws and
shall maintain the worksite in compliance with all such laws.
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1.11 Inspection of Work. The Contractor shall ensure that
the Work is available for inspection by CITY or its Inspector at
all reasonable times and that no work is covered up or rendered
incapable of inspection without prior notice to CITY or its
Inspector and a reasonable opportunity for inspection. The presence
or absence of an CITY inspector or the conduct of an inspection by
CITY or its Inspector shall not relieve the Contractor from any
contract requirement or compliance with Exhibit A.
1.12 Title. The Contractor warrants that it conveys full and
complete title, free of all liens and encumbrances, to all materials,
supplies, fixtures and equipment furnished to CITY under this
Agreement and agrees to fully defend and indemnify CITY, its
officers and employees, and the houses and homebuyers included in
the Work from and against any claim, lien, charge, debt, cost,
expense or liability arising from a breach of said warranty.
1.13 Warranties. In addition to any other warranties in this
contract, the Contractor warrants that the Work conforms to the
contract requirements and is free of any defect in equipment,
material or workmanship for a period of one year from the date of
final acceptance of the Work by CITY. If CITY accepts any part of
the Work before final acceptance of the entire Work, the warranty
shall continue for the period of one year from the date of such
partial acceptance. The Contractor shall remedy, at the Contractor's
expense, any failure to conform, or any defect. [Initial if
following sentence applies /_/ / /] CITY shall retain of the
Contract Amount to secure the Contractor's warranty and shall remit
the unused portion of that amount at the end of the warranty period.
The time limit of this warranty shall not apply to any latent defects,
or gross negligence or fraud on the part of the Contractor.
1.14. Extension of Time.
Should any delays occur which the City may consider unavoidable, as
herein defined, the Contractor shall, pursuant to his or her
application, be allowed an extension of time proportional to said
delay or delays, beyond the time herein set forth, in which to
complete this contract; and liquidated damages for delay shall not
be charged against the Contractor by the City during an extension
of time granted because of unavoidable delay or delays.
Any claim by Contractor for a time extension based on unavoidable
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delays shall be based on written notice delivered to the City within
15 days of the occurrence of the event giving rise to the claim.
Failure to file said written notice within the time specified shall
constitute a waiver of said claim. Notice of the full extent of the
claim and all supporting data must be delivered to the City within
45 days of the occurrence unless the City specifies in writing a
longer period. All claims for a time extension must be approved by
the City and incorporated into a written change order.
1.15. Unfavorable Weather and Other Conditions.
During unfavorable weather and other conditions, the Contractor
shall pursue only such portions of the work as shall not be damaged
thereby. No portions of the work whose satisfactory quality or
efficiency will be affected by any unfavorable conditions shall be
constructed while these conditions remain, unless, by special means
or precautions approved by the City, the Contractor shall be able
to overcome them.
The Contractor shall be granted a time extension of one day for each
unfavorable weather day that prevents him or her from placing
concrete forms or placing and finishing concrete or asphalt concrete.
Such unfavorable weather day is defined as a rain day where
precipitation prevents the contractor from performing the work more
than four (4) continuous hours within the authorized work period or
a temperature day where the ambient temperature is below that
specified for the placement of materials associated with the
controlling work item for more than four (4) continuous work hours
of the authorized work period.
1.16. Saturday, Sunday, Holiday and Night Work.
No work shall be done between the hours of 6 p.m. and 7 a.m., nor
on Saturdays, Sundays or legal holidays except such work as is
necessary for the proper care and protection of work already
performed, or except in cases of absolute necessity and in any case
only with the permission of the City.
It is understood, however, that night work may be established as a
regular procedure by the Contractor if he or she first obtains the
written permission of the City and that such permission may be
revoked at any time by the City if the Contractor fails to maintain
at night adequate force and equipment for reasonable prosecution
and to justify inspection of the work.
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1.17. Hours of Labor.
Eight (8) hours of labor shall constitute a legal day's work and
the Contractor or any subcontractor shall not require or permit more
than eight hours of labor in a day from any person employed by him
or her in the performance of the work under this contract, unless
paying compensation for all hours worked in excess of eight (8)
hours per day at not less than 1 times the basic rate of pay.
The Contractor shall forfeit to the City, as a penalty, the sum of
twenty-five dollars ($25.00) for each workman employed in the
execution of the contract by him or her or by any subcontractor,
for each calendar day during which such laborer, workman, or
mechanic is required or permitted to labor more than eight hours in
violation of the provisions of Section 1810 to 1816, inclusive,
(Article 3, Chapter 1, Part 7, Division 2) of the Labor Code of the
State of California and any acts amendatory thereof.
2. CONTRACT PRICE
CITY shall pay the Contractor for performance of this Agreement
based on the unit prices, and the actual work performed, with a
total contract amount of $44,104.01.
3. PAYMENT OF CONTRACT PRICE
3.1 City shall pay any invoice for completed work, and approved
by the City, within thirty (30) days of its receipt by City. All
payments under this contract shall be made upon the presentation of
certificates in writing from the City and shall show that the work
covered by the payments has been done and the payments thereof are
due in accordance with this contract.
4. INDEMNIFICATION AND INSURANCE.
4.1 Indemnification. The Contractor shall do all of the work
and furnish all labor, materials, tools and appliances, except as
otherwise herein expressly stipulated, necessary or proper for
performing and completing the work herein required in the manner
and within the time herein specified. The mention of any specific
duty or liability imposed upon the Contractor shall not be construed
as a limitation or restriction of any general liability or duty
imposed upon the Contractor by this contract, said reference to any
specific duty or liability being made herein merely for the purpose
of explanation.
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The right of general supervision by the City shall not make the
Contractor an agent of the City and the liability of the Contractor
for all damages to persons or to public or private property, arising
from the Contractor's execution of the work, shall not be lessened
because of such general supervision.
Until the completion and final acceptance by the City of all the
work under and implied by this contract, the work shall be under
the Contractor's responsible care and charge. The Contractor shall
rebuild, repair, restore and make good all injuries, damages, re -
erections and repairs, occasioned or rendered necessary by causes
of any nature whatsoever, excepting only acts of God and none other,
to all or any portions of the work, except as otherwise stipulated.
To the fullest extent permitted by law, Contractor shall indemnify
and hold harmless the City and its officers, directors, agents, and
employees from and against all claims, damages, losses and expenses
including but not limited to attorneys' fees, costs of suit, expert
witness fees and expenses and fees and costs of any necessary private
investigators arising out of or resulting from the performance of
the work, provided that any such claim, damage, loss or expense (1)
is attributable to bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property, other than the work
itself, including the loss of use resulting therefrom and (2) is
caused in whole or in part by any act or omission of the Contractor,
any subcontractor, or anyone directly or indirectly employed by any
of them, or anyone for whose acts any of them may be liable,
regardless of whether or not it is caused in part by a party
indemnified hereunder, or by the negligence or omission of a party
indemnified herein.
In any and all claims against the City or any of its agents or
employees by any employee of the Contractor, any subcontractor,
anyone directly or indirectly employed by any of them, or anyone
for whose acts any of them may be liable, the indemnification
obligation shall not be limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable by or
for the Contractor or any subcontractor under workers' or workmen's
compensation acts, disability benefit acts, or other employee
benefit acts. The obligation to indemnify shall extend to and
include acts of the indemnified party which may be negligent or
omissions which may cause negligence.
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The City shall have the right to estimate the amount of such damage
and to cause the City to pay the same and the amount so paid for
such damage shall be deducted from the money due the Contractor
under this contract; or the whole or so much of the money due or to
become due the Contractor under this contract as may be considered
necessary by the City, shall be retained by the City until such
suits or claims for damages shall have been settled or otherwise
disposed of and satisfactory evidence to that effect furnished to
the City.
4.2 Insurance. Contractor shall procure and maintain for the
duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, his
or her agents, representatives, employees or subcontractors.
4.2.1. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial Liability
Coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed.
1/87) covering Automobile Liability, code 1 (any auto).
3. Worker's Compensation insurance as required by the
State of California and Employer's Liability Insurance.
4.2.2. Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for
bodily injury, personal injury, and property damage. If
Commercial General Liability Insurance or other form with
a general aggregate limit is used, either the general
aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be
twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident
for bodily injury and property damage.
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3. Employer's Liability: $1,000,000 per accident
for bodily injury and property damage.
4.2.3. Deductibles and Self-insured Retentions
Any deductibles or self-insured retentions must be
declared to and approved by the City. At the option of
the City, either: the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects
the City, its officers, officials, employees and
volunteers; or the Contractor shall provide a financial
guarantee satisfactory to the City guaranteeing payment
of losses and related investigations, claim
administration and defense expenses.
4.2.4. Other Insurance Provisions
The general liability and automobile liability policies
are to contain, or be endorsed to contain, the following
provisions:
1. The City, its officers, officials, employees, and
volunteers are to be covered as insureds with respect to
liability arising out of automobiles owned, leased, hired
or borrowed by or on behalf of the contractor; and with
respect to liability arising out of work or operations
performed by or on behalf of the Contractor including
materials, parts or equipment furnished in connection
with such work or operations. General liability coverage
can be provided in the form of an endorsement to the
Contractor's insurance, or as a separate owner's policy.
2. For any claims related to this project, the
Contractor's insurance coverage shall be primary
insurance as respects the City, its officers, officials,
employees, volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials,
employees, or volunteers, shall be excess of the
Contractor's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall
be endorsed to state that coverage shall not be canceled
by either party, except after thirty (30) days' prior
written notice by certified mail, return receipt
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requested, has been given to the City.
4.2.5. Acceptability of Insurers
Insurance is to be placed with admitted California
insurers with an A.M. Best's rating of no less than A -
for financial strength, aa for long-term credit rating
and AMB -1 for short-term credit rating.
4.2.6. Verification of Coverage
Contractor shall furnish the City with original
certificates and amendatory endorsements effecting
coverage required by this clause. The endorsements shall
be on forms provided by the City or on other than the
City's forms, provided those endorsements or policies
conform to the requirements. All certificates and
endorsements are to be received within 15 days from
written notice of contract award, and the work shall not
commence until the certificates and endorsements have
been approved by the City. The City reserves the right to
require complete certified copies of all required
insurance policies, including endorsements effecting the
coverage required by these Special Provisions at any time.
4.2.7. Subcontractors
Contractor shall include all subcontractors as insureds
under its policies or shall furnish separate certificates
and endorsements for each subcontractor. All coverages
for subcontractors shall be subject to all of the
requirements stated herein.
5. TERMINATION.
This Agreement may only be terminated by City: 1) for breach
of the agreement; 2) because funds are no longer available to pay
Contractor for services provided under this Agreement; or 3) City
has abandoned and does not wish to complete the project for which
Contractor was retained. City shall notify Contractor of any
alleged breach of the agreement and of the action required to cure
the breach. If Contractor fails to cure the breach within the time
specified in the notice, the contract shall be terminated as of that
time. If terminated for lack of funds or abandonment of the project,
the contract shall terminate on the date notice of termination is
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given to Contractor. City shall pay the Contractor only for services
performed and expenses incurred as of the effective termination date,
unless terminated because the Contractor has failed to
satisfactorily cure a breach after notice in which event City shall:
a. retain any amounts earned under the Contract but not yet
paid by City;
b. take possession of all material and fixtures on the job
site;
c. have the right to complete the Work and recover from
Contractor any increased cost to complete the Work above the amounts
that would have been paid to Contractor hereunder, together with
any other damages suffered by City as a result of said breach.
6. MODIFICATION OF AGREEMENT.
City may, from time to time, request changes in the Work, the
time to complete the work or the compensation to be paid for the
Work. Such changes must be incorporated in written amendments to
this Agreement. To be effective, all such changes as referred to
in this section must be agreed upon in writing by both parties to
this agreement.
7. ASSIGNMENT.
The Contractor shall not assign any interest in this Agreement,
and shall not transfer any interest in the same (whether by
assignment or novation), without the prior written consent of City.
8. APPLICATION OF LAWS.
The parties hereby agree that all applicable Federal, State
and local rules, regulations and guidelines not written into this
Agreement shall hereby prevail during the period of this Agreement.
9. INDEPENDENT CONTRACTOR.
It is the express intention of the parties hereto that Con-
tractor is an independent contractor and not an employee, joint
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venturer, or partner of City for any purpose whatsoever. City shall
have no right to, and shall not control the manner or prescribe the
method of accomplishing those services contracted to and performed
by Contractor under this Agreement, and the general public and all
governmental agencies regulating such activity shall be so informed.
Those provisions of this Agreement that reserve ultimate
authority in City have been inserted solely to achieve compliance
with federal and state laws, rules, regulations, and interpretations
thereof. No such provisions and no other provisions of this
Agreement shall be interpreted or construed as creating or
establishing the relationship of employer and employee between
Contractor and City.
Contractor shall pay all estimated and actual federal and state
income and self-employment taxes that are due the state and federal
government and shall furnish and pay worker's compensation insurance,
unemployment insurance and any other benefits required by law for
himself and his employees, if any. Contractor agrees to indemnify
and hold City and its officers, agents and employees harmless from
and against any claims or demands by federal, state or local
government agencies for any such taxes or benefits due but not paid
by Contractor, including the legal costs associated with defending
against any audit, claim, demand or law suit.
Contractor warrants and represents that it is a properly
licensed for the work performed under this Agreement with a sub-
stantial investment in its business and that it maintains its own
offices and staff which it will use in performing under this
Agreement.
10. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance
with the laws of the State of California and any legal action
concerning the agreement must be filed and litigated in the proper
court in Mendocino County, each party consenting to jurisdiction
and venue of California state courts in Mendocino County.
11. SEVERABILITY.
If any provision of the Agreement is held by a court of com-
petent jurisdiction to be invalid, void, or unenforceable, the
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remaining provisions shall nevertheless continue in full force and
effect without being impaired or invalidated in any way.
12. INTEGRATION.
This Agreement, including the exhibits attached hereto,
contains the entire agreement among the parties and supersedes all
prior and contemporaneous oral and written agreements,
understandings, and representations among the parties. No
amendments to this Agreement shall be binding unless executed in
writing by all of the parties.
13. WAIVER.
No waiver of any of the provisions of this Agreement shall be
deemed, or shall constitute a waiver of any other provision, nor
shall any waiver constitute a continuing waiver. No waiver shall
be binding unless executed in writing by the party making the waiver.
14. NOTICES.
Whenever notice, payment or other communication is required or
permitted under this Agreement, it shall be deemed to have been
given when personally delivered, emailed, telefaxed or deposited in
the United States mail with proper first class postage affixed
thereto and addressed as follows:
CONTRACTOR
Traffic Limited
PO Box 1721
Lodi, CA 95241
Fax #: (209) 334-0708
CITY
City of Ukiah
300 Seminary Ave.
Ukiah, CA. 95482
Email: mhorger@cityofukiah.com
Either party may change the address to which notices must be sent
by providing notice of that change as provided in this paragraph.
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)0/4636704 Clly Of Uklah Main
15. PARAGRAPH HEADINcs.
02:32:21Rtm
09-06-2019 16/7.8
The paragraph headings contained herein ore for conveninnce
and referenou only and are not intended to define or IiuiiI. Lhe scope
of this agreement.
16. EXECUTION OF AlDtEEmENT.
This AgreeMent: may be execuUed in duplioatn originals, each
bearing the original signaLure of the parties_ Alternarivt:ly,
this Agreement may bR executed and delivered by facsimile or other
eleclronin transmission, and ih MO“; Uhan one counterpart, each of
whirl, shall be deemed an original, and all of which together shall.
constitute one and the YiAme instrument. When executed u:,;ing either
alternaLivo, the exeruted agreemenl shall be deemed an original
admissible as evidence in any administrative or judicial
proceeding to prove Lhe terms and uonLent of this Agreement.
WHERFTORE, the parties have enLered this Agreement on the date
tir:st writLeu ahnve.
TRAFFTC LIMITED CITY OF UKIAH
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EXHIBIT A
P AI' • 0 o i�j� REQUEST -FOR BID
Ukiah , •C x' r Qa(I 300 SEMINARY AVENUE
City of �c 2 r PUKIAFI, C: (707) ALIFORNIA 95482
°M. V` r
Bids may be emailed, faxed, or hand delivered, to the contact information listed
herein, and by the specified deadline, or the bid will be rejected.
Submitted by:
(Company Name
& Address)
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DATE: 8/13/19
REQ. NO. E36883
BIDS WILL BE RECEIVED UNTIL
1:30 p.m., August 27th, 2019
AT THE OFFICE OF THE BUYER
300 SEMINARY AVE. CITY of UKIAH
BY: Seth Strader
Email: sstrader@cityofukiah.com
n•va /I c nny uc,o 1m rune 1 ZL 1' VLL V wllvti 11 tiv1b: ALL BIDS SHALL BE F.O.B. UKIAH, CA.
QUANTITY
DESCRIPTION
UNIT PRICE
EXTENDED PRICE
6,668 LF
80,247 LF
11,709 LF
12,563 LF
4,101 LF
32,118 LF
6,641 LF
28,725 LF
42,646 LF
907 LF
Street Striping 2019 as per attached specifications.
Broken 4" Painted Traffic Stripe - White
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Broken 4" Painted Traffic Stripe - Yellow
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Solid 8" Painted Traffic Stripe - White
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Double Painted Traffic Stripe - Yellow
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Two Way Left Tum Painted Traffic Stripe - Yellow
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Bike Lane 4" Painted Traffic Stripe - White)
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Bike Lane 6" Painted Traffic Stripe - White
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No Passing 4" Painted Traffic Stripe - Yellow
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05
TERMS: .
1. LOCAL PREFERENCE: Local Vendors shall be given an allowance of five percent (5%), up to a maximum allowance of $2,500, on any bld for •
supplies, equipment and/or materials per Ukiah City Cade Section 1522,D.4. A Local Vendor Is defined as one which, 1) conducts business in an
office or other business premises with a physical location In Mendocino County, 2) holds a valid business license Issued by Mendocino County
or one of the cities in Mendocino County for that business location, and 3) has conducted business in compliance with 1) and 2) for not less than
six (6) months prior to requesting the preference. The City shall receive satisfactory proof that a business qualifies as a local vendor before it
may receive the local preference. In the event that there Is a tie bid, where one bidder Is local, the other is not, and the bid is equal in price and
quality, the award shall go to the Local Vendor.
2. Right is reserved to reject any and all bids.
3. Right is reserved to accept separate items unless specifically denied by bidder.
4. Right is reserved to reject a bid from any bidder who has previously failed to perform adequately for the City of Ukiah.
5. In CASE OF DEFAULT, the City of Ukiah may procure the Items quoted on from other sources and hold the orioinal bidder liable for anv increased
costs.
6. The price, terms, delivery point, and delivery date may individually or collectively be the basis of the awarding of the bid, •
7. In submitting the bid, bidder agrees that the bid shall remain open and may not be revoked or withdrawn for 60 days from the bid due date, unless
a different time period Is specified in RFB.
8. Bidder agrees to pertorm according to its bid, if the City's acceptance Is communicated to the bidder within the time specified In number 7 above.
9. For a bid submission to be accepted it must be submitted on this form.
REQUEST FOR BID
City of Ukiah
SPECIFICATION E36883
STREET STRIPING 2019
August 13, 2019
Bid Due Date
1:30PM, August 27th, 2019
City of Ukiah E36883 Street Striping 2019 - RFB
I. Introduction
City of Ukiah is seeking bids from qualified Contractors to provide all necessary materials, equipment
and labor to paint traffic stripes. General locations of the work are shown in the attached Appendix A. A map
will be provided to the successful bidder showing exact locations of the work to be done. AIL work shall be
done under the direction of the City of Ukiah Public Works Department.
II. Bid Procedure
PLEASE TAKE NOTICE: This Request for Bid (RFB) is issued as an open market purchase under
Section 1522 of the Ukiah City Code. This is not a formal or informal bid under the provisions of state law
governing RFB's for Public Projects. The procedures governing open market purchases are at the discretion of
the Purchasing Officer and may vary from bid to bid, depending on the City's needs. The City Code
encourages the Purchasing Officer to use modern communications, including the telephone, e-mail and the
intemet, to obtain the lowest possible price, consistent with the City's needs. The Purchasing Officer does use
City bidder's lists when soliciting bids. You may contact the Purchasing Officer if you would like to be placed
on the City's bidder's list.
III. Contact Person
The City has designated Seth Strader, Buyer, as the contact person for questions related to the work
requested. Questions are to be submitted in writing, and can be done so by fax at (707) 467-5719, or by e-mail
at sstrader@cityofukiah.com.
IV. Examination of the Site
The Contractor should familiarize himself with the local conditions of the project sites, and shall be
responsible for having acquired full knowledge of the job and all problems affecting it. Failure to do so will in
no way relieve him/her of the responsibility for performing any of the work or operations required as part of
this contract.
V. Bid Submittal Instructions
Bids can be submitted in hardcopy or by email. Bids are due on or before 1:30PM, August 27`s,
2019 to:
City of Ukiah Purchasing Department
Attn: Seth Strader
411 West Clay Street
Phone: (707) 467-5719
Email: sstrader@cityofukiah.com
It will be the sole responsibility of the bidders to have their bids delivered to the City before the closing
hour and date. Late bids will not be considered and will be returned unopened to the sender. The City will not
be responsible for any cost incurred by the Contractor in preparation of their bid response.
VI. Scope of Work
All of the work to be performed is within the City of Ukiah and consists of painted traffic stripes.
General locations of the work are shown in Appendix A. A map will be provided to the successful bidder
2
City of Ukiah E36883 Street Striping 2019 - RFB
showing the exact locations of the work to be done. All work will be done under the direction of the City
of Ukiah Public Works Department. Work on streets may be painted during night time hours upon
approval of the Director of Public Works/City Engineer.
1) Control of Alignment and Layout
All work necessary to establish satisfactory alignment for stripes shall be performed by the contractor with
any device or method that will not damage the pavement nor conflict with other traffic control devices.
2) Tolerances and Appearance
This section shall conform to Section 84-1.03, CALTRANS - Standard Specifications, May, 2006.
3) Protection from Damage
The Contractor shall take special care to protect existing reflective pavement markers and shall, at his
expense, replace all coated markers.
Newly placed traffic stripes shall be protected from damage by traffic or other causes until the paint is
thoroughly dry. Contractor, at his expense, shall promptly remove any paint applied, spilled, or tracked
outside of specified locations to be striped.
4) Painted Traffic Stripes - Description
This work shall consist of painting traffic stripes including applying glass beads.
5) Materials
Paint shall be either waterborne traffic line paint conforming to State Specification No. PTWB-0 1 dated
February 2006 or solvent -borne, acetone-based/VOC compliant traffic line paint conforming to State
Specification No. PT -I 50VOC(A) dated February 2006.
Glass beads shall conform to State Specification No. 8010-004 dated March 2010.
Copies of California State Specifications for traffic paint and glass beads may be obtained from the
Caltrans Chemical Testing Branch, 5900 Folsom Blvd, Sacramento, California, 95819, at (916) 227-7289
or from the following website: http://www.dot.ca.gov/hq/esc/ttsb/chemical/specifications.htm
6) Mixing
Mechanical mixers shall be used to mix paint. Prior to application, the paint shall be mixed a sufficient
length of time to thoroughly mix the pigment and vehicle together, and shall be kept thoroughly agitated during
its application.
7) Application Equipment
Mechanical means shall be used to paint traffic stripes and to apply the glass beads for traffic stripes.
AlI equipment used in the application of traffic stripes shall produce stripes of uniform quality that
conform to the specified requirements.
The striping machine shall be capable of accurately superimposing succeeding coats of traffic paint upon
the first coat and upon existing stripes at a speed of at least 5 miles per hour.
3
City of Ukiah E36883 Street Striping 2019 - RFB
The striping machine shall consist of a rubber -tired vehicle that is maneuverable to the extent that straight
lines can be followed and normal curves can be made in true arcs. It shall be capable of applying traffic
paints and glass beads at the rates specified. The striping machine shall be equipped with the following:
a) A pointer or sighting device, not less than 5 feet long and extending from the front of the machine.
b) A pointer or sighting device, extending from the side of the machine to gauge the distance from the
centerline, for painting shoulder stripes.
c) A positive -acting cutoff device to prevent depositing paint in gaps of broken stripes.
d) Shields or an adjustable air curtain for line control.
e) Pressure regulators and gauges (if pneumatically operated) that are in full view of the operator.
t) A paint strainer in the paint supply line.
g) A paint storage tank with a mechanical agitator that operates continuously during painting operations.
h).A glass bead dispenser located behind the paint applicator nozzle and that is controlled simultaneously
.with the paint applicator nozzle; and
i) Calibrated rods for measuring the volume of paint and glass beads in the paint and in the glass bead tanks.
All spray equipment shall be of a proper type and of adequate capacity for the work. Air -atomized spray
equipment shall be equipped with oil and water extractors and pressure regulators and they shall have
adequate air volume and compressor recovery capacity. Spray gun tip needle assemblies and orifices shall
be of the proper sizes.
8) Street Striping Application
Prior to application of striping, the City will provide street sweeping. The Contractor shall be responsible
for removal of any leaves or litter appearing in the striping area after the streets are swept.
Contractor shall protect against paint splattering onto parked cars particularly at locations of the four -inch
white bicycle lane striping. If deemed necessary, Contractor shall post notices, indicating the date and
times that street parking will be prohibited, a minimum of 72 hours in advance of striping on streets with
bicycle lanes. These notices shall be placed in obvious locations and be spaced no further than 250 feet
apart along the length of the street and on each side of the affected street. The Contractor shall also give
notice to the Engineer a minimum of 72 hours in advance of working at the site so that the City can give
written notice to adjacent property owners.
Traffic Stripes shall be applied only on dry surfaces and only during periods of favorable weather.
Painting shall not be performed when the atmospheric temperature is below 40° F when using solvent
borne paint or below 50°F when using water borne paint; when freshly painted surfaces may become
damaged by rain, fog, or condensation; nor when it can be anticipated that the atmospheric temperature
will drop below the above 40° F or 50° F during the drying period
On existing surfacing, traffic stripes shall be applied in one coat.
Each coat of paint for any traffic stripe, including glass beads where required, shall be applied in one pass
of the striping machine, regardless of the number, widths, and patterns of the individual stripes involved.
Paint to be applied in one coat, shall be applied at an approximate rate of one gallon per 107 square feet.
4
City of Ukiah E36883 Street Striping 2019 - RFB
Glass beads shall be uniformly incorporated in all coats of paint concurrently with the application of the
paint. Beads shall be embedded in the coat of traffic paint being applied, to a depth of 'A their diameters.
Glass beads shall be applied at an approximate rate of five (5) pounds per gallon of paint.
VII. Measurement and Payment
Painting traffic stripes will be measured by the linear foot, along the line of the traffic stripes,
without deductions for gaps in broken traffic stripes. A double traffic stripe consisting of two 4 -inch wide
yellow stripes, separated by a 3 -inch black stripe, will be measured as one traffic stripe.
The contract price paid per linear foot for painted traffic stripes shall include full compensation for
furnishing all labor, materials, tools, equipment and incidentals, posting notices on streets with bicycle
lanes, and for doing all the work involved in painting traffic stripes
VIII. Terms
The City asks that vendors specify their desired payment preferences in their bid response. The actual
payment terms of the contract will be open for negotiation during the contract phase. If no special payments are
requested prior to issuing the work, the City will assume net 30 terms.
The City reserves the right to award to the lowest, responsible bidder. The City also reserves the right
to waive any irregularities and technicalities and request rebids should it be deemed in its best interests to do
so. The price, terms, delivery point, and delivery date may individually or collectively be the basis of the
awarding of the bid. In addition, the City reserves the right to make the selection of specific parts of a bid, or
multiple proposals that will best meet the needs of the City as defined in this RFB. In addition, the City
reserves the right to reject any or all bids. The awarded contractor will enter a "Short Form Construction
Contract", Attachment B.
IX. Addenda
If it becomes necessary to revise any part of this Request for Bid (RFB) after it has been issued, the
City will issue an addendum to the RFB containing the revision. All addenda will be posted on the City's
website at www.cityofukiah.com/purchasing with the rest of the RFB documents. Anyone who intends to
submit a bid in response to the RFB must check the website frequently for any posted addenda. Anyone
submitting a bid will be deemed to have seen and agreed to be bound by the posted addenda.
X. Work Scheduling
No work shall be done between the hours of 6 p.m. and 7 a.m., nor on Saturdays, Sundays or legal
holidays except such work as is necessary for the proper care and protection of work already performed, or
except in cases of absolute necessity and in any case only with the permission of the Engineer.
It is understood, however, that night work may be established as a regular procedure by the
Contractor
if he or she first obtains the written permission of the Engineer and that such permission may be revoked at
any
5
City of Ukiah E36883 Street Striping 2019 - RFB
time by the Engineer if the Contractor fails to maintain at night adequate force and equipment for
reasonable
prosecution and to justify inspection of the work.
XI. Bidder Qualifications
The City will satisfy itself that the potential contractors are reputable firms with a proven track record
and a proven product. Contractors are asked to provide the information requested under Work Performance
History Capability. References are to be those who you have performed similar scope of work as asked for in
this RFB. References are to include the contact name and phone number. A minimum of three references are
requested.
XII. Insurance Requirements
Bidder's attention is directed to the insurance requirements — see Attachment C. Contractors shall
furnish to the City, upon award of contract, certificates of insurance covering full liability under Worker's
Compensation laws of the State of California, Comprehensive General Liability and Business Auto Insurance
with policy limits of not less than $1,000,000 naming the City as an additional insured party.
It is highly recommended that contractors confer with their respective insurance carriers or brokers to
determine in advance of bid submission the availability of insurance certificates and endorsements as
prescribed and provided herein. If an apparent awarded contractor fails to comply with the insurance
requirements, that contractor may be disqualified from award of the contract. If you have questions regarding
the City's requirements, please contact the City's Risk Manager at 707-463-6287.
XIII. License and Additional Requirements
1) Compliance with Laws and Regulations: All materials, parts and equipment furnished pursuant to
these specifications shall be in compliance with the laws and regulations of the State of California and OSHA.
The contractor shall, if requested by the City, supply certification and evidence of such compliance.
2) Legal Requirements and Permits: The contractor agrees to fully comply with alI local, City, State and
Federal laws, regulations and ordinances governing performance of contractual services required, and it will be
the responsibility of the contractor to obtain any and all necessary licenses, permits or clearances, including the
actual cost of licenses.
3) License Requirements: Bidder/Contractor must possess a current State of California contractor's
license and a City of Ukiah business license. (For information business license, please contact Liz Frausto,
City of Ukiah Finance Department at 707-463-6215.)
a) The Contractor shall possess a valid State of California Class A or Class C-32 (Parking and Highway
Improvement) Iicense. Bidder shall provide proof of possession of the proper licenses and certificates of
registration necessary to perform the work. Employees actually performing the tasks shall provide proof of
proper certificates of registration for same.
b) The bidder shall keep in force a City of Ukiah business license for the extent of the project.
c) Where subcontractors/jobbers are used, bidder shall provide the City with proof of proper
licenses, certificates and proof of insurance for work performed.
4) Notice to Bidders — Contractor Registration and Prevailing Wages —No contractor or
subcontractor may be listed on a bid proposal for a public works project unless registered with
the Department oflndustrial Relations pursuant to Labor Code section 1725.5 [with limited
exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)j. No
contractor or subcontractor may be awarded a contract for public work on a public works project
unless registered with the Department of Industrial Relations pursuant to Labor Code section
1725.5. The prime contractor shall be responsible for posting job site notices as prescribed by
6
City of Ukiah E36883 Street Striping 2019 - RFB
regulation. This project is subject to compliance monitoring and enforcement by the Department
of Industrial Relations.
Public Works Small Project Exemption: Small project exemption means that contractors who
work exclusively on small projects are not required to register as public works contractors or file
electronic certified payroll reports for those projects. However, prevailing wages must still be paid
on projects with small project exemption. Contractors are still required to maintain certified
payroll records on a continuous basis, and provide those records to the Labor Commissioner's
Office upon request. Small project exemption is applied based on the amount of the entire project,
not a contractors subcontracted amount of the project. Small project exemption applies for all
public works projects that do not exceed: $25,000 for new construction, alteration, installation,
demolition or repair; and $15,000 for maintenance.
Each laborer or mechanic of Contractor or any subcontractor engaged in work on the project under
this contract shall be paid, pursuant to provisions of Section 1770, including amendments thereof,
of the Labor Code of the State of California, the Director of the Department of Industrial
Relations, State of California, has ascertained the general prevailing rate of wages for straight time,
overtime Saturdays, Sundays and Holidays including employer payment for health and welfare,
vacation, pension and similar purposes, copies of the General Prevailing Wage Determination
(applicable to the work), for the locality in which the work is to be done can be reviewed at
Website: www.dir.ca.gov/dlsr/pwd/northern.html
The Labor Commissioner through the Division of Labor Standards Enforcement (DLSE) may at
any time require contractor and subcontractors to furnish electronic certified payroll records
directly to DLSE. For projects that do not meet the "Public Works Small Project Exemption",
contractors and subcontractors must furnish electronic certified payroll records directly to the
DLSE.
7
City of Ukiah E36883 Street Striping 2019 - RFB
INDEMNIFY AND HOLD HARMLESS AGREEMENT
Contractor agrees to accept all responsibility for loss or damage to any person or entity, and to defend,
indemnity, hold harmless and release the City, its officers, agents and employees, from and against any and all
actions, claims, damages, disabilities, or costs of litigation that may be asserted by any person or entity, arising
out of or in connection with the negligent or willful misconduct in the performance by contractor hereunder,
whether or not there is concurrent, passive or active negligence on the part of the City, but excluding liability
due to the sole active negligence or willful misconduct of the City. This indemnification obligation is not
limited in any way by any limitation on the amount or type of damages or compensation payable to or for
Contractor or its agents under Workmen's Compensation acts, disability benefits acts or other employee's
benefits acts.
Contractor shall be liable to the City for any loss or damage to Cityproperty arising from or in
connection with Contractor performance hereunder. The undersigned acknowledges that this document,
together with the resulting purchase order issued by the City, the executed Short Form Construction Contract,
the insurance requirements for contractors, and the Contractor Statement Regarding insurance coverage
comprise a written agreement between the Contractor and the City binding on both parties.
The undersigned declares they are familiar with the items specified and have carefully read the RFB
specification/requirements, checked all of the figures stated on the specifications and accepts Ml responsibility
for any error or omission in the preparation of this bid.
This bid is submitted by, (check one)
Individual Owner Partnership Corporation Other
TVr , Q
Legal Name of Bidder
Address of Bidder Dv n O BD X L7 2.1 god I p q_52.4-1
Tax ID# q9-- 2-6670
Phone Number (19 0 ) 2-63
Fax Number ( ) 334' -- 0709
California State Contractor's License #: 42- & 33 Expiration Date:/I/ -U
DIR Public Works Contractor Regist ion #: ! 0000 2,' 7 9 52 /
By:Z-
Date 0 1 f
Signa re ` U
Print or Type Name: e'
--e)
Title
/41 t -z-"
8
City o, f Ukiah E36883 Street Striping 2019 - RF1
WORK PERFORMANCE DATA
HISTORY AND CAPABILITY: Provide the name, locations and a narrative statement on the work performed.
WORK PERFORMED
1. COMPANY NAME:
CONTACT: 1 / e _ Per Icor rr. ` tr�
ADDRESS: 4,1e_ s er', •�.d I k. e,� •/tJ r
PHONE ! 4 ►'Y1 e S I
2, COMPANY NAME:
CONTACT
ADDRESS
PHONE:
3. COMPANY NAME:
CONTACT:
ADDRESS
PHONE:
4. COMPANY NAME:
CONTACT:
ADDRESS:
PHONE:
5. COMPANY NAME:
CONTACT:
ADDRESS:
PHONE:
9
City of Ukiah
E36883 Street Striping 2019 - RFB
SUBCONTRACTORS: The bidder must submit a list of subcontractors whom he proposes to employ on the work with
proper firm name and business address of each,
1)Subcontractor's Name
Work to be performed
Address
City/State/Zip
Phone Number
Fax Number
California State Contractor License #
2)Subcontractor's Name
Address
City/State/Zip
Phone Number
Fax Number
California State Contractor License #
3)Subcontractor's Name
Address
City/StatelZip
Phone Number
Fax Number
DIR Public Works Contractor Registration #
Work to be performed
DIR Public Works Contractor Registration #
Work to be performed
California State Contractor License # DIR Public Works Contractor Registration #
10
City of Ukiah E36883 Street Striping 2019 - RFB
BIDDER/CONTRACTOR STATEMENT
REGARDING INSURANCE COVERAGE
(Submit with Bid)
PROPOSER/CONTRACTOR HEREBY CERTIFIES that he/she has reviewed and understands the insurance coverage
requirements specified in the Request for Bid for:
E36883 Street Striping 2019
Should we/I be awarded the contract, we/I certify that well can meet the specified requirements for insurance, including
insurance coverage of the subcontractors, and agree to name the City of Ukiah as Additional Insured for the work
specified. And we/I will comply with the provisions of Section 3700 of the Labor Code, which require every employer to
be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of
that code, before commencing the performance of the work specified.
Please Print (Person, Firm, or Corporation)t_; ,
Signature o A thorized'1 cpresentative
lri 11 \L -‘t
Please Print (Name & Title of Authorized Representative) I
Date Phone Number
g12.1hei (759.6 217- /2-6 '
11