HomeMy WebLinkAboutChrisp Co 2023-07-19 Contract #2324-080
CHRISP COMPANY - STREET STRIPING 2023
This Agreement is made and entered on July 20, in Ukiah,
California, by and between Chrisp Company, a CA General Corporation
("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 by no later than September 1, 2023 .
1 . 1 . 1 . ❑ [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
($500 . 00) per day for each and every calendar day' s delay beyond
the time prescribed.
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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 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 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 .
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 . All contractors and
subcontractors must furnish electronic certified payroll records
directly to the DLSE .
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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
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
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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
(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
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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 .
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
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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 o 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
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
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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.
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 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
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CITY shall pay the Contractor for performance of this Agreement
time and materials with a total not to exceed amount of $ 68, 680 . 65 .
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.
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
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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.
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 agents, representatives, employees or
subcontractors .
4 .2 . 1 . Minimum Scope of Insurance
Coverage shall be at least as broad as :
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A. Insurance Services Office Commercial General
Liability coverage (Form No. CG 20 10 10 01 and
Commercial General Liability - Completed
Operations Form No. CG 20 37 10 01) .
B. Insurance Services Office form number CA 0001 (Ed.
1/87) covering Automobile Liability, code 1 (any
auto) .
C. 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:
A. General Liability: $1, 000, 000 per occurrence for
bodily injury, personal injury and property damage
including operations, products and completed
operations . 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 . Insurance must be written
on an occurrence basis .
B. Automobile Liability: $1, 000, 000 per accident for
bodily injury and property damage. Insurance must be
written on an occurrence basis .
C. Worker' s Compensation Employer' s Liability:
$1, 000, 000 per accident for bodily injury or disease.
4 .2 .3 . Deductibles and Self-insured Retentions
Any deductibles or self-insured retentions must be declared to
and approved by the City. The City may require the insurer to
reduce or eliminate such deductibles or self-insured retentions
with respect to the City, its officers, officials, employees and
volunteers; or the Contractor to provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and
related investigations, claim administration and defense
expenses; or to approve the deductible without a guarantee .
4 .2 .4 . REQUIRED Insurance Provisions
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Proof of general liability and automobile liability policies
are to contain, or be endorsed to contain, the following
provisions :
A. The City, its officers, officials, employees, and
volunteers are to be covered as ADDITIONAL INSURED 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.
B. The workers' compensation policy is to be endorsed with
a waiver of subrogation. The insurance company, in its
endorsement, agrees to waive all rights of subrogation
against the City, its officers, officials, employees and
volunteers for losses paid under the terms of this policy
which arises from the work performed by the named insured for
the City. NOTE : You cannot be added as an additional insured
on a workers' compensation policy.
C. For any claims related to this project, the Contractor' s
insurance coverage shall be primary insurance with respect to
the City, its officers, officials, employees, and volunteers .
Any insurance or self-insurance maintained by the City, its
officers, officials, employees, or volunteers shall be in
excess of the Contractor' s insurance and shall not contribute
with it .
D. 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 requested, has been
given to the City.
E . Note: (This protects the Contractor) -Coverage shall not
extend to any indemnity coverage for the active negligence of
the additional insured in any case where an agreement to
indemnify the additional insured would be invalid under
Subdivision (b) of Section 2782 of Civil Code .
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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
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.
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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
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
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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
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 CITY
Chrisp Company City of Ukiah
43650 Osgood Road 300 Seminary Ave.
Fremont, CA 94539 Ukiah, CA. 95482
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Service by telefax shall bear a notation of the date and place of
transmission and the facsimile telephone number to which transmitted.
Either party may change the address to which notices must be sent
by providing notice of that change as provided in this paragraph.
15. PARAGRAPH HEADINGS.
The paragraph headings contained herein are for convenience
and reference only and are not intended to define or limit the scope
of this agreement.
16. EXECUTION OF AGREEMENT.
This Agreement may be executed in duplicate originals, each
bearing the original signature of the parties . Alternatively,
this Agreement may be executed and delivered by facsimile or other
electronic transmission, and in more than one counterpart, each of
which shall be deemed an original, and all of which together shall
constitute one and the same instrument. When executed using either
alternative, the executed agreement shall be deemed an original
admissible as evidence in any administrative or judicial
proceeding to prove the terms and content of this Agreement .
WHEREFORE, the parties have entered this Agreement on the date
first written above.
CONTRACTOR CITY OFUKIAH
By: By: S�`S
Mark Chrisp, Vice President Sage Sangiacomo
Chrisp Company City Manager
California Contractor' s License Number 374600 [Number or N/A]
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EXHIBIT A
REQUEST FOR BID
300 SEMINARY AVENUE
City¢ of Ukiah UKIAH,CALIFORNIA 95482
P: (707)467-5719
DATE: 6/22/2023
Bids may be emailed,faxed, or hand delivered, to the contact information listed REQ.NO.E40143
herein, and by the specified deadline, or the bid will be rejected
BIDS WILL BE RECEIVED UNTIL
Submitted by: _Chrisp Company 1:30 p.m.,July 6,2023
(Company Name .. AT THE OFFICE OF THE FINANCIAL SVCS MGR
& Address) 1805 E Beamer Street 411 W CLAY.CITY of UKIAH
BY. Mary Horger
Woodland Email: mhorger@cityofukiah.com
cityofukiah.com
BIDS ARE REQUESTED FOR THE FOLLOWING ITEMS: ALL BIDS SHALL BE F.O.B. UKIAH, CA.
QUANTITY DESCRIPTION UNIT PRICE EXTENDED PRICE
Street Striping 2023 as per attached Specification E40143.
4,264 LF Broken 4"Painted Traffic Stripe-White
0.40 1705.60
30,883 LF Broken 4"Painted Traffic Stripe-Yellow
0.40 12353.20
354 LF Broken 6"Painted Traffic Stripe-White
0.60 212.40
2,134 LF Solid 4"Painted Traffic Stripe-White
0.75 1600.50
6741 LF Solid 4"Painted Traffic Stripe-Yellow
0.75 5055.75
1,704 LF Solid 8"Painted Traffic Stripe-White 1.00 1704.00
1,068 LF Solid 6"Paint Traffic Stripe-White
Q.$5 907.80
14,584 LF Double Painted Traffic Stripe-Yellow 1.40 20417 60
1,324 LF Two Way Left Turn Painted Traffic Stripe-Yellow 2.00 2648.00
12,584 LF Bike Lane 4"Painted Traffic Stripe-White 0.75 9438.00
14.808 LF Bike Lane 6"Painted Traffic Stripe-White 0.85 12637.80
TOTAL: 68680.65
Payment Terms: N30
SIGNATURE: DATE: 7/5/2023 ILEAD TIME ARO: 30 Days
PRINT NAME: David L.Morris PHONE: -406-2220 JEMAIL: J Int chnspco.com
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 bid for
supplies,equipment and/or materials per Ukiah City Code 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 original bidder liable for a n v 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 perform according to its bid,if the City's acceptance is communicated to the bidder within the time specified in number 7 above.
19.For a bid submission to be accepted it must be submitted on this form.
REQUEST FOR BID
City of Ukiah
SPECIFICATION E40143
STREET STRIPING 2023
June 22, 2023
Bid Due Date
1:30 p.m., July 6, 2023
City of Ukiah RFB-E40143 Street Striping 2023
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 Attachment A.A map
will be provided to the successful bidder showing exact locations of the work to be done. All 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
internet,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 as the contact person for questions related to the work requested.
Questions are to be submitted in writing, and can be done so 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 1:30 p.m.,July 6,2023
to:
City of Ukiah Purchasing Department
Attn: Seth Strader
411 West Clay Street
Phone: (707)463-5719
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.
VL 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 Attachment A. A map will be provided to the successful bidder
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.
2
City of Ukiah RFB-E40143 Street Striping 2023
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-01 dated
February 2006 or solvent-borne,acetone-based/VOC compliant traffic line paint conforming to State
Specification No. PT-I50VOC(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.httn
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.
All 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.
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
3
City of Ukiah RFB-E40143 Street Striping 2023
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.
f)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.
Glass beads shall be uniformly incorporated in all coats of paint concurrently with the application of the
4
City of Ukiah RFB-E40143 Street Striping 2023
paint. Beads shall be embedded in the coat of traffic paint being applied,to a depth of their diameters.
Glass beads shall be applied at an approximate rate of five(5)pounds per gallon of paint.
VIl. 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.cityofakiah.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 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.
Xl. Bidder Oualitications
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
5
City of Ukiah RFB-E40143 Street Striping 2023
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) Payment Bond: Asper California Civil Code Section 9550,a direct contractor that is awarded a public
works contract involving an expenditure in excess of twenty-five thousand dollars ($25,000) shall, before
commencement of work, give a payment(material and labor)bond to and approved by the officer or public
entity by whom the contract was awarded. Please refer to Attachment D for a copy of the sample forms.
3) Legal Requirements and Permits: The contractor agrees to fully comply with all 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.
4) 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(Parkin and
Improvement)license.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.
5) 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.](a)]. 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 regulation. This project is
subject to compliance monitoring and enforcement by the Department of Industrial Relations.
6
City of Ukiah RFB-E40143 Street Striping 2023
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.F,,ov/dIsL/pwd/northem.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 RFE-E40143 Street Striping 2023
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 City property 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 full responsibility
for any error or omission in the preparation of this bid.
This bid is submitted by,(check one)
Individual Owner _Partnership x Corporation _Other
Legal Name of Bidder Chrisp Company
Address of Bidder 43650 Osgood Road, Fremont,CA 94539
Tax ID# 94-2578099
Phone Number 510-656-2840 Fax Number 510-656-2397
California State Contractor's License#: 374600 Expiration Date: 5/31/2025
DIR Publics Works Co rectorARegistration#: 1000000306
By: t .OL 1,/" Date 7/5/2023
Signature
Print or Type Name: David L. Morris Vice President
Title
8
City of Ukiah RFB-E40143 StreetStriiaiag 2023
WORK PERFORMANCE DATA
HISTORY AND CAPABILITY:Provide the name,locations and a narrative statement on the work performed.
WORT(PERFORMED
-
1. COMPANY NAME: SeeAtt8Ched
CONTACT:
ADDRESS:
PHONE
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
Chrisp Company
Completed Projects
Contract Class Name&address
Proect Name Amount Of work General Contact Tels hone
Comet Garam San Joaa Alrpet $ 108,000.00 Themes atripmg Hamel&Phelps Peter Marcuis 408441-4067
Marking 226 Airport Pkwy
Pavement Markers San Jose Ca 95110
SVeelResurfadrg $ 43,00D.00 Pavement Striping Gailagher&Burk TroySindar 65&692-8540
Marking&Makem 344 High Sheel
aklantl Ca 9001
San Jose Almon Road oProtect $ 1W.M0.00 Pavement Mining Gracile Construction Vicay Reddy 405.327-7000
Mamkg&Markers 7150omstorhat
Sena Clam,Ca 0054
Weal Dublin Bed Station $ 150.000.00 Pavement SMpbg $Nmmkk Construction eramiah Kent 92&833409%
Marking&Markers $201 Edgmestar or
Oakland,Ce 84821
Pavement Rehabilitation $ 43,MMW Stdpig.standee Gallagher&Seek David Thommon 510-261-0456
Markers 344 High Street
S' m Oakland,Ca 84801
OBO1,17004 $ 195,m0.00 Thermo S0iting Checks C.rotraeeon Boad Olson 681429.4447
Markings P.O.Box 90250D _
reredos,Ca Maine
Ceps Seal $ 90,000.00 Pavement Shaping Graham Contractors DaVMGraham 408-293-9516
Marking&Makers P.O.Box M70
Sen Jose,Ca 95159
Guardrell Vadom Locations $ 21.360.00 Guardrail Ckyofsaabge Rick Tone. 40MM-1214
13M Fraituale Ave
Success,Co W70
Pleasant Nil Trsmti elawn $ 72,000.00 Thermo SMping Ons a Gets. Dan Smith W5-ZO ,M94
Paint Sldping P.O.Sox 2909
PayoncestMerkere Dublin,CA 94568
Safe Reines to School It 12,000.00 Lights.Crmawase, Silicon Constellations Greg Madic 408.294.483&
2980 Scat BNd
Santa Clere Ca G6DN
cilp eSldPing $ iW,000.00 name Striping City of Palm Dared MacGream d 760346-011
Pavement Mantas 510 Fred Wadng Ddva
Palm posed,Ca 92260
03-1E0414 $ 230,000.00 Thermo Striping Oman Gate. Glen Polk 91&66Y0110
Pavement Mantes P.O.6ox2909
Dublin Ca 94566
041262011 $ 100,000.00 SMping&Marking Gordon Sal,Inc Lease Concepcion 510-772.3451
333Cemlle Ave
Alamo,Ce M507
city Wide Stan Protect $ 412.000.00 Signa Cky of Promo MadcJuhneon 9.821-156OU
1721 Van Nees Ave
Free.,Ce W21
City of Ukiah RFR-E40143 Street Striping 2023
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
t)Subcontractor's Name Work to be performed
None
Address
City/Statelzip
Phone Number Fax Number
California State Contractor License# DIR Public Works Contractor Registrabon#
2)Subcontractofs Name Work to be performed
Address
CitylStateop
Phone Number Fax Number
California State Contractor License If DIR Public Works Contractor Registration#
3)Subcontmdor's Name Work to be performed
Address
City/Statamp _
10
City of Ukiah RFB-E40143 Street Striping 2023
Phone Number Fax Number
California State Contractor License# DIR Public Works Contractor Registration#
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:
E40143 Street Striping 2023
Should we/I be awarded the contract,we/1 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 ofthe Labor Code,which require every employerm
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.
Chrisp Company
Please Print(Person,Finn,orrACorporation)
Signature of Authorized Representative
David L. Morris
Please Print(Name&Title of Authorized Representative)
7/5/2023 510-656-2840
Date Phone Number
11
ATTACHMENT A
STREET STRIPING 2023
Quantities(Linear Feet)
Two WAY
BINS
BROKEN C BROKEN S' SOLID C SOLID S" SOLID S• DOUBLE
STREET LEFT TURN LANE 4" LANE s• FROM TO
WHITE YELLOW INURE w11RE 1fELLOw WHITE wNITe -1— 1fE1.LOw w111TE WNITE
Airport Park Blvd. - - 0 0
Airport Road - - - - - - - 75 - - - Hastings Ave. End
Barnes St. - 0 0
Babcock Ln. - 425 - - - - - 464 - - - E.Gobbi St. End
Brush St. - - - - - - - 350 - - - Low Gap Rd. End
Bush St. - 4,659 - - 236 100 - 630 - 9,490 9,490 Empire Dr. W.Church St.
Capps Ln. - - - 1,935 - - - - - - N.Bush St. Despina Dr,
Clara Ave. - - - - - - - - - - - 0 0
Clay St. - - - 0 0
Don Rones/Clubhouse Dr. - 1,527 - - 50 - - 328 - - - Live Oak Ave. Park Blvd
Commerce Dr. 1,050 70 Airport Rd. End
Cooper/Betty - 885 - - - - 195 - - - Waugh Ln. Talmage Rd.
Cypress Ave. - - - 0 0
Despina Ave. - 2,188 - - 27 - - - - 3,094 3,094 Low Gap Road End of City Limits
Dora Ave. - - - - 0 0
Dora St. - - - - - - - - - - - 0 0
Elm St. - 567 - - - - - - - - - Empire Dr. Low Gap Rd.
Empire Dr. - 2,062 - - 403 100 - 490 - - - Despina Dr. N.State St.
Ford St. - - 0 0
Gobbi St. - - - - - - - - - - - 0 0
Grove Ave. - - 0 0
Hastings Ave. - 1,500 - - 100 - - - - - - S.State St. Airport Rd.
Hastings Frontage - 0 0
Highland Court - - - - - - - - - - - 0 0
Highland Drive - - 0 0
Hospital Dr. - 1,630 - - 75 - - - - - - E.Perkins St. End
Laurel/Wabash Ave. - 165 Wabash Ave. Beacon Ln.
Leslie St. - - - - - - - - - - - 0 0
Live Oak Ave. - - 0 0
Lorraine St. - 1,060 - - 105 - - - - - Talmage Frontage Rd. Betty St.
Low Gap Ave. - - - - - - - - - - - 0 0
Luce Ave. - 2,151 - - 234 - - - - - - Helen Ave S.State St.
Main St. - - - - - - - - - - - 0 0
Maple Ave. - - - - - - - - - - - 0 0
Marlene St. - - - - 50 - - - - - - S.Orchard Ave. Betty St.
Marshall St. - - - - - - - - - - 0 0
Marwen Dr. - - - - 100 - - - - - Observatory Ave. Washingston Ave.
Mason St. - - - - - - - - - - - 0 0
Mendocino Dr. - - - - - - - - - - - 0 0
Mill St. - - - - - - - - - - - 0 0
Norton St. - 522 - - 41 114 - 132 - - - N.State St. Mason St.
Oak St. - - - - 0 0
Oak Manor Dr. - - - - - - - - - - - 0 0
Oak/Magnolia - - - - 633 - - 313 - - - N.Pine St. N.State St.
Observatory Ave. - 2,190 - - 280 - - - - - - Helen Ave. S.State St.
Orchard Ave. - 1,526 - - 435 585 - 1,741 700 - 2,284 Brush St. Marlene St.
Orr St. - - - - - - 0 0
Park Blvd. - - - - - - - - - - - 0 0
Perkins St. 3,473 - - - - - 368 2,589 - - - Main St. Oak Manor Dr.
Pine St. - 715 - - 586 - - - - - - Beginning End
School St. - 1,216 - - 123 - - 1,136 - - - Ruddock Ave. W Mill St.
Scott St. 690 182 - N.State St. N.Pine St.
Spring St. - - 0 0
Standley St. - - 0 0
State St. - - - 215 76 235 3,995 - - - Norton St. North Side end City Limits
Talmage 791 - 3541 1,8171 230 654 1 465 1,2611 624 - - State St. Caltrans Limits
Todd Rd. - - - - 50 - - 265 - - - Park Blvd Walnut Ave.
Wabash Ave. - 1,765 - - 129 - - - - - - Laurel Ave S.State St.
Walnut Ave. - 441 - - 109 - - - - - - N.Dora St. N.Pine St.
Washington Ave. - 2,114 - - 171 - - 75 - - - Helen Ave. S.State St.
Washo Dr. - - - - 150 - - - - - - Yosemite Dr. E.Gobbi St.
Page 1 of 2
ATTACHMENT A
STREET STRIPING 2023
Quantities(Linear Feet)
Two WAY BINS
BROKEN C BROKEN V SOLID C SOLID Ir SOLID S• DOUBLE
STREET LEFT TURN LANE C LANE E' FROM TO
WHITE YELLOW WHITE WARE YELLOW MEN WHFM YELLOW YELLOW WHITE WHITE
Waugh Ln. - - - 102 - 75 - 545 - - - E Gobbi St. Talamge Rd.
Yosemite Dr. - - - - 72 - - - - - - El Rio Ct. Washo Dr.
TOTALS 4,264 30,8831 354 2,134 6,7411 1,7041 1,0681 14,5841 1,324 12,584 U,868
Page 2 d 2
ATTACHMENT C
cit ki.h
INSURANCE REQUIREMENTS FOR CONTRACTORS
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 agents, representatives, employees or subcontractors.
I. Minimum Scope of Insurance
Coverage shall be at least as broad as:
A. Insurance Services Office Commercial General Liability coverage (Form No. CG 20 10 10 01 and
Commercial General Liability— Completed Operations Form No. CG 20 37 10 01).
B. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1
(any auto).
C. Worker's Compensation insurance as required by the State of California and Employer's Liability
Insurance.
II. Minimum Limits of Insurance
Contractor shall maintain limits no less than:
A. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage
including operations, products and completed operations. 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. Insurance must be written on an occurrence basis.
B. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. Insurance must
be written on an occurrence basis.
C. Worker's Compensation Employer's Liability: $1,000,000 per accident for bodily injury or disease.
III. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require
the insurer to reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officers,
officials, employees and volunteers; or the Contractor to provide a financial guarantee satisfactory to the City
guaranteeing payment of losses and related investigations, claim administration and defense expenses; or to
approve the deductible without a guarantee.
IV. REQUIRED Insurance Provisions
Proof of general liability and automobile liability policies are to contain, or be endorsed to contain, the
following provisions:
A. The City, its officers, officials, employees, and volunteers are to be covered as ADDITIONAL
INSURED 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.
B. The workers' compensation policy is to be endorsed with a waiver of subrogation. The
insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its
officers, officials, employees and volunteers for losses paid under the terms of this policy which arises
from the work performed by the named insured for the City. NOTE: You cannot be added as an additional
insured on a workers' compensation policy.
C. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance
with respect to the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, or volunteers shall be in excess of the
Contractor's insurance and shall not contribute with it.
Rev: 11/20/08 Page 1 of 2
D. 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
requested, has been given to the City.
E. Note: (This protects the Contractor) -Coverage shall not extend to any indemnity coverage for the
active negligence of the additional insured in any case where an agreement to indemnify the additional
insured would be invalid under Subdivision (b) of Section 2782 of Civil Code.
V. RATING -Acceptability of Insurers
Insurance is to be placed with admitted California insurers with a current 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.
VI. Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements affecting coverage
required by this clause. The endorsements should be on forms provided by the City. If endorsements are on
forms other than the City's forms, those endorsements or policies must provide coverage that is equivalent to or
better than the forms requested by the City. All certificates and endorsements are to be received and approved
by the City before work commences. The City reserves the right to require complete, certified copies of all
required insurance policies, including endorsements affecting the coverage required by these specifications at
any time.
VII. Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and
endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements
stated herein.
If you have questions regarding our insurance requirements contact:
Risk Manager
(707) 463-6287 FAX (707) 463-6204
Rev: 11/20108 Page 2 of 2
ATTACHMENT D
CITY OF UKIAH
Mendocino County, California
PERFORMANCE BOND
BOND No.
KNOW ALL PERSONS BY THESE PREESNTS:
THAT WHEREAS, the City of Ukiah, organized and operating under the laws of the State of California,
(hereinafter referred to as the"City")has awarded to , (hereinafter referred
to as the "Contractor") an agreement for Contract No. (hereinafter referred to as the
"Project").
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract for the
Project dated , (hereinafter referred to, together with all attachments and exhibits
thereto, as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by
reference; and
WHEREAS, the Contractor is required by the Contract Documents to perform the terms thereof and to furnish a
bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, I the undersigned Contractor and
, as Surety, a corporation organized and duly authorized to transact business
under the laws of the State of California, are held firmly bound until the City in the sum of
($ ), for which amount well and truly to be made, we
bind ourselves, our heirs ,executors and administrators, successors and assigns,jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Contractor, his or its heirs, executors,
administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and
perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made
as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in
all respects according to their intent and meaning; and shall faithfully fulfill all obligations; and shall indemnify
and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said
Contract Documents,then this obligation shall become null and void; otherwise it shall be and remain in full force
and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be
included costs and reasonable expenses and fees including reasonable attorneys' fees, incurred by the City in
enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided
for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the
acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and
satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused
by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any
obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's
obligations under the Contract Documents, law or equity, including, but not limited to, California Code of Civil
Procedure Section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the
Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option:
i. Take over and complete the Project in accordance with all terms and conditions in the Contract
Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the
Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder,
arrange for a contract between such bidder, the Surety and the City, and make available as work
progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract
price, including other costs and damages for which Surety may be liable. The term "balance of the
contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City
under the Contract and any modification thereto, less any amount previously paid by the City to the
Contractor and any other set offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with California law and make
available as work progresses sufficient funds to pay the cost of completion of the Project, less the
balance of the contract price, including other costs and damages for which Surety may be liable. The
term "balance of the contract price" as used in this paragraph shall mean the total amount payable to
Contractor by the City under the Contract and any modification thereto, less any amount previously paid
by the City to the Contractor and any other set offs by the City pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by
Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for
completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's
objection to Contractor's further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way
affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Contract Documents or to the Project.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of
2022.
(Corporate Seal)
Contractor/Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in Fact Certificate) Title
The rate of premium on this bond is per thousand. The total amount of premium charges
is $
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of process in
California, if different from above)
(Telephone number of Surety and Agent
or Representative for service of process in California)
CITY OF UKIAH
Mendocino County, California
PAYMENT BOND
BOND No.
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City of Ukiah ("City") has awarded to ("Contractor/Principal") a
contract (City Agreement No. , dated , referred to as the
"Agreement") for the work described as . The Agreement is incorporated by this
reference into this Payment Bond ("Bond"); and
WHEREAS, Contractor/Principal is required to furnish a bond in connection with the Agreement and pursuant
to California Civil Code section 9550;
NOW, THEREFORE, we the undersigned
Contractor/Principal, and ("Surety"), a corporation organized and existing under the
laws of the State of and duly authorized to transact business under the laws of the
State of California, as Surety, are held firmly bound until the City, and to any and all persons, companies, or
corporations entitled by law to file stop payment notices under California Civil Code Section 9100, or any person,
company, or corporation entitled to make a claim on this bond, in the sum of$
for which payment will and truly be made,we bind ourselves,our heirs,executors and administrators,successors
and assigns,jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if Contractor/Principal, its heirs, executors,
administrators, successors, or assigns, or subcontractor, shall fail to pay any person or persons named in Civil
Code section 9100; or fail to pay for any materials, provisions, or other supplies, used in, upon,for, or about the
performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due
under the Unemployment Insurance Code, with respect to work or labor thereon of any kind; or shall fail to
deduct, withhold, and pay over to the Employment Development Department, any amounts required to be
deducted, withheld, and paid over by Unemployment Insurance Code Section 13020 with respect to work and
labor thereon of any kind, then Surety will pay for the same, in an amount not exceeding the amount herein
above set forth, and in the event suit is brought upon this bond, also will pay such reasonable attorneys'fees as
shall be fixed by the court, awarded and taxed as provided in California Civil Code Section 9550, et seq.
It is further stipulated and agreed that the Surety of this bond shall not be exonerated or released from the
obligation of the bond by any change, extension of time for performance, addition, alteration or modification in,
to, or of any contract, plans, or specifications, or agreement pertaining or relating to any scheme or work of
improvement herein above described; or pertaining or relating to the furnishing of labor, materials, or equipment
therefor; nor by any change or modification of any terms of payment or extension of time for payment pertaining
or relating to any scheme or work of improvement herein above described; nor by any rescissions or attempted
rescission of the contract, agreement or bond; nor by any conditions precedent or subsequent in the bond
attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or
agreement or under the bond; nor by any fraud practiced by any person other than the claimant seeking to
recover on the bond; and that this bond be construed most strongly against the Surety and in favor of all persons
for whose benefit such bond is give; and under no circumstances shall the Surety be released from liability to
those for whose benefit such bond has been given, by reason of any breach of contract between the Owner and
Contractor/Principal or on the part of any oblige named in such bond; that the sole condition of recovery shall
be that the claimant is a person described in California Civil Code section 9100, and who has not been paid the
full amount of his or her claim; and that the Surety does hereby waive notice of any such change, extension of
time, addition, alteration or modification herein mentioned, including but not limited to the provisions of section
2819 and 2845 of the California Civil Code.
Any notice to Surety may be given in the manner specified in the Agreement and delivered or transmitted to
Surety as follows:
Attn:
Address:
City/State/Zip:
Phone:
Fax:
Email:
IN WITNESS WHEREO,two identical counterparts of this Bond, each of which shall for all purposes be deemed
an original thereof, have been duly executed by Contractor/Principal and Surety above named, on the_day of
202 .
(SEAL)
Contractor/Principal
By
Contractor's Representative
Contractor/Principal's Address
City,State,Zip
(SEAL)
Surety
By
Surety's Representative
Surety's Address
City,State,Zip
Telephone Number
NOTE: Signatures of those executing for Surety must be properly acknowledged, The bond must be
accompanied by a properly acknowledged Power of Attorney from the Surety authorizing its agent to bind it to
this bond. A copy of such Power of Attorney must be in file with the City.
DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND
1. Individual sureties, partnerships, or corporations not in the surety business will not be acceptable.
2. The name of the Principal shall be shown exactly as it appears in the Contract.
3. The penal sum shall not be less than required by the Specifications.
4. If the Principals are partners or joint venturers, each member shall execute the bond as an
individual and state his place of residence.
5. If the Principal is a corporation, the bond shall be executed under its corporate seal.
If the corporation has no corporate seal, it shall so state and affix a scroll or adhesive seal following
the corporate name.
6. The official character and authority of the person(s) executing the bond for the Principal, if a
corporation, shall be certified by the Secretary or Assistant Secretary thereof under the corporate
seal, or copies attached to such records of the corporation as will evidence the official character
and authority of the officer signing, duly certified by the Secretary or Assistant Secretary, under the
corporate seal, to be true copies.
7. The current power-of-attorney of the person signing for the surety company must be attached to
the bond.
8. The date of the bond must not be prior to the date of the Contract.
9. The following information must be placed on the bond by the surety company:
a. The rate of premium in dollars per thousand; and
b. The total dollar amount of premium charged.
10. The signature of a witness shall appear in the appropriate place attending to the signature of each
party of the bond.
11. Type or print the name underneath each signature appearing on the bond.
12. An executed copy of the bond must be attached to each copy of the Contract(original counterpart)
intended for signing.