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11-1004_ORANGE COUNTY STRIPING SERVICE, Inc._Personal Services AgreementPERSONAL SERVICES AGREEMENT HI�$$ AGREEMENT is made, entered into, and shall become effectivethis4"day of'p011, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Orange County Striping Service, Inc. (hereinafter referred to as the "Contractor"). RECITALS: WHEREAS, City desires to retain the services of Contractor regarding the City's proposal to provide pavement marking maintenance; and, WHEREAS, Contractor is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Contractor mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Contractor shall consist of those tasks as set forth in Exhibit "A," attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on November 1, 2011. This Agreement shall be for a (3) three-year period of time with the option of three (3) one-year extensions. Agreement extensions shall be based on staff review of the Contractor performance. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed the total amount in the City's adopted fiscal year operating budget for pavement marking maintenance services, payable at the rates as set forth in Exhibit "B", attached and incorporated herein by reference. There is no guaranteed amount for this contract by the City to the Contractor. The Contractor may not, dependent upon availability of projects and/or funding, receive any work. The City shall issue purchase orders equal to the anticipated Contractor fees on a project basis, which shall constitute the Contractor's authorization to proceed. 3.2 Method of Payment. Subject to Section 3.1, Contractor shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 3.3 Records of Expenses. Contractor shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Contractor shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Contractor undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Contractor's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Contractor warrants that: (1) it has investigated the work to be performed; (2) it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Contractor discover any latent or unknown F conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law: E -Verify. 9.1. Compliance with Law. Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E -Verify. If Contractor is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Contractor shall enroll in the E -Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Contractor shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at http://www.uscis.-Qov, or access the registration page at https:He-verify.uscis.gov/enroll/. Contractor shall certify its registration with E -Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. Section 10. Conflicts of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Contractor. Section 11. Not Applicable. Section 12. Not Applicable. Section 13. Indemnity. To the fullest extent permitted by law, Contractor agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including 3 attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Contractor, Contractor's agents, officers, employees, subcontractors, or independent contractors hired by Contractor in the performance of the Agreement. The only exception to Contractor's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Contractor, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Contractor has also been obtained for the subcontractor. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability.. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term -of this Agreement, Contractor shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 Workers' Compensation. If Contractor intends to employ employees to perform services under this 4 V Agreement, Contractor shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Contractor shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.6 Terms of Compensation. Contractor shall not receive any compensation until all insurance provisions have been satisfied. 14.7 Notice to Proceed. Contractor shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Contractor has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Contractor. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. 5 Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Nasser Abbaszadeh To Contractor: Orange County Striping Service, Inc. 183 N. Pixley Street Orange, CA 92868-2207 Attn: Douglas Patterson, President Section 17. Prevailina Wages. The CITY has been advised that the Prevailing Wages Law applies to the work. CONTRACTOR shall be responsible for CONTRACTOR's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The CITY shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the CONTRACTOR. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. [SIGNATURE PAGE FOLLOWS] C-1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. APPROVED AS TO FORM: O Omar Sandova , City Attorney ;jSAN N CAPISTRANOn rust, i y Manager ORANGE COUNTY STRIPING CONTRACTOR SERVICE INC. 183 N. PIXLEY STREET ORANGE, CA 92868.2207 By: Douglas Patterson President l L SPECIAL CONTRACT PROVISIONS SCOPE OF WORK Work To Be Done Work to be done consists of furnishing all labor, supervision, methods of processes, implements, tools, machinery, safety equipment, traffic control, materials and proper licensing required to identify, list and perform pavement marking services in those areas designated by the Public Works Director or authorized representative and to leave the grounds in a neat condition. The scope of the pavement marking work may vary according to need. This contract covers pavement marking maintenance services. Improvement projects shall be bid out separately. The Contractor shall furnish and maintain records designating exact locations and areas of repairs and maintenance. Such reports shall be signed by the contractor and the Public Works Director or authorized representative in charge of overseeing the work. If the City representative determines that the contractor has not satisfactorily marked any facilities, he shall cause the payment for marking of such to be withheld until such time that the facilities are properly marked. All work for which a progress payment is made shall be reported on and certified according to the foregoing procedure, and in addition thereto, the Public Works Director or authorized representative shall certify that the work has been inspected and was completed to the satisfaction of the City prior to payment by the City. Authorization of Work Work will not be performed without prior approval and only as authorized by the Public Works Director or authorized representative. Progress of Work Work shall proceed in an orderly manner. Wherever possible, repair work shall be completely finished prior to workmen_ proceeding to the next location. Any exceptions shall be approved by the Public Works Director or authorized representative. Alterations The City reserves the right to increase or decrease the quantity of any item or portion of the work or to omit portions of the work as may be deemed necessary or advisable by the City. The Public Works Director or authorized representative may make such alterations or deviations, additions to, or omissions from these specifications, as may be determined during the progress of the work to be necessary and advisable for the proper completion thereof. Such alterations or deviations, additions or omissions shall in no way affect or make void the contract. Upon written order of a Public Works EXHIBIT A Director or authorized representative, Contractor shall proceed with the work as increased, decreased or altered. Acceptance of Work Done The Public Works Director or authorized representative will make inspections and determine that the work has been completed in all respects in accordance with these specifications. Billing Form, Records and Reports The contractor shall maintain a record of all work performed, including but not limited to location and types and amounts maintainedrnstalled/removed. This record shall list the date(s) of the service and/or work performed. A copy of such record shall be provided to the -City upon completion of each Work Order. The contractor shall return appropriate and completed Work Orders showing the date .and inventory of work performed and it shall be attached to each invoice. Contractor shall provide a billing form and progress payment form approved by the Public Works Director or authorized representative. METHOD OF WORK The pavement marking program shall involve all work necessary to maintain and replace roadway markings on the traveled way. Work can include layout, removal of old stripe, painting of new or existing stripe, installation or removal of raised pavement markers and the use of thermoplastic, tape or raised bars for pavement markings. The Contractor shall follow the guidelines as set out in the latest edition of the Manual of Uniform Traffic Control Devices (MUTCD) and in Chapter 16 of the State of California Department of Transportation Highway Division (CalTrans) Maintenance Manual regarding the requirements and specifications for pavement delineation. All work shall be performed per the Standard Specifications .for Public Works Construction (Green Book), Latest Edition. The Contractor shall be responsible and shall take necessary precautions to prevent public trespass into areas of work, during and following, construction, until that time that the area is opened again to the public for their use. Rubbish and construction debris shall be disposed of to an approved dump site. After removal operations have been completed, the grounds shall be left in a neat and presentable condition, satisfactory to the Public Works Director or authorized representative. 2 The Contractor shall verify the location of all utilities prior to construction, repair or maintenance, and shall be held liable for all damages incurred due to his operations. Per City Council Policy 601, an Archeological Monitor is required to be onsite during all excavations in excess of 18 inches. Materials Paint, thermoplastic, reflectorized pavement markings, stencils, signs, and other materials shall meet the requirements set out in the latest edition of the Manual of Uniform Traffic Control Devices (MUTCD) and in Chapter .16 of the California Department of Transportation Division of Highways (CalTrans) Maintenance Manual and Section 214 of the Standard Specification for Public Works Construction, latest editions. The Public Works Director or his/her authorized representative may make Changes to these requirements as deemed necessary. Traffic Control The contractor shall maintain a safe environment for the public while performing all work. Appropriate State/City traffic control standards and/or policies shall be adhered to for all work, in all instances. Personnel, vehicles, equipment, etc. shall be properly outfitted/equipped for the work being performed. Any restrictions, due to the work to be done, that cause travel ways to be less than State/City minimum requirement,. shall have appropriate traffic control (in accordance with State specifications, policies, and procedures installed prior to the beginning of work and remaining until all work is complete. All traffic control shall, at a minimum, adhere to requirements of the Work Area Traffic Control Handbook (WATCH Manual). Signs/Posts The City may, at times, need to have the contractor install/remove/modify signage in conjunction with the appropriate pavement markings. A Work Order specifying sign type and material (constructed of) and post requirements will be detailed in a Work Order provided by the City. Any and all such costs associated with the work shall be in accordance with any or all parts of this agreement and/or prevailing rates/costs. NPDES Regulations The Contractor shall comply with all City regulations regarding NPDES (National Pollution Discharge Elimination System) Requirements andthe City's Best Management Practices. Contractor shall not discharge anything to the storm drain or creek. Contractor will contain any materials that may potentially reach a City storm drain. Contractor shall implement the attached Best Management Practices (BMP's) provided by the City. Contractor will conduct annual training regarding stormwater regulations and the appropriate BMP's for all employees working at City facilities Contractor shall provide ,to the City annually, by July 1, with certification of the required training on stormwater regulations and the BMP's, 'and acknowledgement of adherence to these standards while performing work at the City. During construction the Contractor shall provide street sweeping as necessary to meet the requirements of the City of San Juan Capistrano National Pollution Discharge Elimination System Program (NPDES). Protection of Existing Utilities The Contractor must take all due precautionary measures to protect all of the existing utilities. When necessary, the Contractor shall have all utilities located by contacting the responsible agency at least 48 hours prior to commencing any work. The Contractor's attention is directed to the one -call utility notification service provided by Underground Service Alert (USA). USA member utilities will provide the Contractor with the locations of their substructures when given at least 48 hours notice. Such requests should be requested through USA (1-800422-4133). Contract Termination If at any time, in the opinion of the Public Works Director or authorized representative, Contractor fails to supply suitable equipment, an adequate working force, or material of proper quality, or shall fail in any respect to perform any work with the diligence and force specked and intended in and by the terms of the contract, notice thereof in writing shall be served upon him. Should the contractor neglect or refuse to provide means for satisfactory compliance with the contract, as directed by the Public Works Director or his/her authorized representative, within the time specked in- such notice, the City in any such case shall have the power to terminate all or any portion of the contract. Extra Work 1. Extra work will not be performed without prior approval by. the Public Works Director or authorized representative unless a condition exists wherein it appears there is danger of injury to persons or damage to property. 2. Extra work may be required by the Public Works Director- or authorized representative as a result of acts of God, vandalism, theft, civil disturbances, accidents, or improvements. 3. .Payment for extra work will be based on actual cost of labor; plus wholesale cost of materials, plus a markup. Extra services other than those listed shall be negotiated on a time and material basis with a "not to exceed" amount. 4. The Public Works Director or authorized representative is authorized to approve extra work up to 25 percent (25%) of the annual cost of the agreement, or reduce the contract amount by up to 25 percent (25%) of the annual cost of this agreement. 4 Flow and Acceptance of Water Surface or other waters may be encountered at various times. The Contractor, by submitting a proposal, acknowledges that he/she has investigated the risks arising from surface or other waters and has prepared his/her proposal accordingly. It shall be the sole responsibility of the Contractor to protect their work from danger due to any waters encountered. Should any damage -occur to the work due to surface or other water, the Contractor shall repair such damage at their expense. Protection of Private Property The Contractor must remain within the maintenance areas to the best of his ability. The Contractor must protect all existing private property. Protection of Maintenance Areas Contractor shall protect property and facilities adjacent to the maintenance areas and all property and facilities within the maintenance areas. After completion of project, the maintenance area shall be clean and in a presentable condition. All public or privately owned improvements and facilities shall be restored to their original condition and location. In the event improvements of the facilities are damaged, they shall be replaced with new materials equal or better to the original. Contractor shall repair such damage at their expense. Nothing herein shall be construed to entitle the Contractor to the exclusive use of any public street; way or parking area during performance of the contract work, and Contractor shall conduct his/her operations so as not to interfere with the authorized work of utility companies or other agencies in'such streets, ways or parking areas. Weekly Reporting Contractor shall make weekly contact with the Public Works Director or authorized representative to determine work level and effort, as well as maintenance performance. Contractor shall provide the City with a weekly log sheet showing the names, dates, and hours worked of all employees for the previous week, on the following Monday. Withholding of Payment If, iri the event that inadequacies/deficiencies are determined by the Public Works Director or authorized representative, the Contractor will have 24 hours from the time such items have been determined to be corrected as necessary. If Contractor fails to correct within 24 hours, Contractor shall be fined the amount previously determined at the time of the initial inspection. Deductions from the monthly payment due, for work not performed, will be based upon the bid worksheets, which are to be submitted at the time of bid. u Meetings v Contractors shall provide the Public Works Director or authorized representative with a contact persons) and a phone number to reach the contract representative at all times, 24 hours per day. Contractor shall appoint and identify to Public Works Director or authorized representative a "site supervisor." This site supervisor shall meet with staff one (1) time per week at a time and place agreed upon by both parties for as long as the contract is in effect to discuss any. problems/concerns which may arise and any goals for the day/week. . 6 GENERAL PROVISIONS REQUIREMENTS, PERSONNEL: EQUIPMENT, MATERIALS, AND SUPERVISION REQUIREMENTS a) Work will ordinarily be performed between the hours of 7:30 AM and 5:30 PM, Monday through Friday. During emergencies, work may be required at other than normal hours. The Contractor must receive the approval of the Director of Public Works or his/her authorized representative prior to commencing work during hours outside those stated above. b) Contractor shall maintain an adequate .crew of at least two experienced employees to perform the service required. c) Contractor will be required to supply a list of equipment owned and available for work. d) Contractor will be required to supply a list of references for similar work performed. e) Contractor will be required to supply list of sub -contractors if applicable. f) Contractor may be required to supply additional experience references if requested by City. g) Contractor shall provide City with required proof of liability insurance, workman's compensation insurance, vehicle insurance, and City business license as noted in the contract. h) Contractor shall be responsible for Contractor's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section. 1770.et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The City shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the Contractor. i) Hourly rates and unit prices quoted shall include all safety equipment required. Traffic control may be required on some sites, and shall be included in quoted prices. j) Hourly rates for emergency work shall be for actual time spent on the job site. No travel time will be paid. k) The Proposal will be awarded based on an analysis of Proposal Prices; Statement of Experience, Statement of Equipment, List of Sub- ContractorsNendors and all provisions noted in the Instructions to Proposers and I General Provisions and Specifications sections of the Specification Package. The City may award to one or more contractors as required to meet its needs. 1) At any time prior to Proposal date,. Contractor may inspect City property* for further information, if desired. City representatives will be available if desired to answer questions. - m) Contractor shall protect any and all private property adjacent to work areas. Any damage to private property resulting directly or indirectly from Contractor's actions shall be the responsibility of the Contractor. n) All employees of Contractor shall wear a uniform or shirt that clearly identifies the company. o) All employees of Contractor shall wear an orange safety vest whenever working in City streets, or within 10 feet of City streets. p) Contractor must be able to provide a list of employee's names, dates worked and hours worked on each date if requested by the City. q) Contract Termination - If at any time, in the opinion of the Public Works Director, or authorized representative, the Contractor fails to supply suitable equipment, an adequate working force, or material of proper quality, or shall fail in any respect to prosecute any work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing shall be served upon him. Should he/she neglect or refuse to provide means or satisfactory compliance with the contract, as directed by the Public Works Director, or authorized representative, within the time specified in such notice, the City in any such case shall have the power to terminate all or any portion of the contract. PERSONNEL The contractor shall use and furnish all labor necessary for the satisfactory performance . for the work set forth in this contract. (a) Contractor's Laborers The Contractor agrees to require his/her laborers to present a neat appearance at all times while engaged in the performance; of their duties and maintain good bearing and deportment toward the public. Should for any reason an employee be unsatisfactory in the opinion 'of'the Public Works Director or authorized representative, the Contractor, when notified in writing, shall cause that employee to be removed from the job and replaced by a satisfactory laborer. 2 V (b) Laborer Attire \RJ The Contractor shall require each of his/her employees to adhere to basic standards of working attire. These are to include uniforms, with the Contractor's company name or insignia clearly visible, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing, which includes that shirts shall be worn at all times, buttoned and tucked in. (c) Typical Tasks Contractor shall supply laborers with the skills to perform various semi -skilled duties in connection with pavement marking maintenance. (d) Experience Supervisors/foremen. shall have a minimum of five (5) years of experience in the concrete construction field. (e) Licenses Laborers will be required to possess a valid and current California Driver License, including all insurances as required by the City. (f) Knowledge and Abilities The Contractor's representative shall have a general knowledge of the pavement marking maintenance industry, including suitable experience in the field to perform the required work in a safe and thoughtful manner EQUIPMENT The contractor shall use and furnish all equipment necessary for the satisfactory performance of the work set forth in this contract. (a) Vehicles Contractor shall display the name of their firm on any/all vehicles used or otherwise by the Contractor's employees. The firm name shall be in letters large enough to be easily legible from a distance of fifty (50) feet during the course of their work. (b) Maintenance All equipment used by the Contractor shall be kept in a neat and clean appearance and maintained in top mechanical condition. All equipment shall 3 be properly adjusted, from an operational safety standpoint. (c) Storage of Equipment The Contractor is required to supply storage for equipment that is used in the City. Equipment shall not be stored in the public right of way or on any other City property without written authorization from the Public Works Director or authorized representative. . MATERIALS The Contractor is required to supply storage for materials that are used in the City. Material shall not be stored in the public right of way or any other City property without written authorization from the Public Works Director or authorized representative. SUPERVISION The Contractor shall provide such adequate supervision as to furnish ongoing supervision of workmanship and adherence to schedules by the laborers performing the work under contract. The field supervisor or their representative shall check with the Public Works Director or an authorized representative weekly as to (1) schedule of work; (2) complaints, and (3) adequacy of performance. The Contractor shall submit such reports as the City may require ensuring compliance with scheduled work. The Contractor's field supervisor shall be onsite while work is in progress. TELEPHONE, ELECTRONIC MAIL, AND EMERGENCY SERVICE CONTACT INFORMATION The Contractor shall provide the City at all times throughout the duration of this contract emergency telephone numbers of at least two (2) qualified persons who can be called for emergency conditions at any time that Contractor's representatives are not immediately available at the job site. An alternate emergency number shall be provided in case no answer is received at the first number. The emergency number shall be used to contact the representative of the Contractor who can take the necessary action required to alleviate an emergency condition which threatens to cause damage to any City property. In addition, the Contractor shall employ person(s) to answer telephone and e-mail complaints, requests for service, etc. (an answering service will not be considered sufficient for this purpose) during normal City working hours. Normal City working hours are 7:30 A.M. to 5:30 P.M., Monday through Friday. Contractor is required to maintain an office within the Orange County area. Contractor is further required to provide the City with a 24-hour emergency number for contact outside normal working hours. The response to an emergency call -out by the Contractor shall not be more than two (2) hours and shall be considered part of the 4 normal contract except when delayed by problems caused by vehicle accidents or Acts of God. EMERGENCY MEDICAL FACILITY The successful proposer is required to provide the City with one (1) copy of an "Emergency Medical Facility Designation and Procedure Sheet" before a contract is awarded. On this sheet, the successful proposer must designate a twenty-four (24) hour emergency medical facility to provide emergency medical treatment/care in the event of injury to any of the Contractor's employees. It will be the responsibility of the Contractor's supervisor/lead worker to transport or make arrangements for the transportation of any injured employee to and from the designated emergency medical facility or any similar medical facility. From: M PROPOSAL PAVEMENT MARKING MAINTENANCE CONTRACTOR To the Honorable City Council City of San Juan Capistrano Gentlemen: The undersigned, as proposer, declares that he/she has carefully examined the location of the proposed work as described, examined the Specifications and General Provisions, read the Instructions to Proposers, and is familiar with all proposal requirements, and hereby proposes and agrees, if the proposal is accepted, to complete said contract in accordance with the Contract Documents for the following: Said amounts are to include and cover all taxes, the performing. of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, materials and other means of maintenance; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifications for the work. Contractor will not be required to pay for permits on City projects. It is anticipated that the chosen Proposer shall commence work on November 1, 2011. (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm: President, Secretary, Treasur r, and Manager thereof.) Dated: 9� �/ QU ��$ ra erson Name SERVICE 183 N. PIXLEYISTREET President Dated: ORANGE$ CA 9286e.2207 Business Address D ted: �o �/, Telephone Number 3 4o;�dfis— Contractor's License # Further, the undersigned proposer certifies that he/she has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his/her knowledge and that they constitute his/her proposal for the work called out herein. 3 EXHIBIT B Dated: -244L4 Dated: Dated: Telephone Number Contractor's License # U CITY OF SAN JUAN CAPISrRANO — PAVEMENT MARKING MAINTENANCE 2011 PROPOSAL WORKSHEET— MUST BE COMPLETED From: (Contractor) PAINT Single Solid Yellow 4' L.F. WORK PERFORMED DURING WORK PERFORMED AFTER PAVEMENT MARKING COSTS $/ Per REGULAR HOURS HOURS PAINT Single Solid Yellow 4' L.F. O Double Solid Yellow 4' L.F. 4160 Skip & Solid Yellow 4' L.F. t (op Skip Yellow 4" L.F. 1 " Continuation Skip Yellow Line 4' L.F. Skip White 4' L.F. Solid White 4' L.F. Continuation Skip White Line 4' L.F. , Solid White 8' L.F. O Solid White 8' L.F. 13 Lane Drop 8' L.F. t b Limit Line 12' L.F. p Solid White 12' Stop Bar L.F. 70 Solid White 12' Chevron L.F. 70 White Ped Crosswalk 12' L.F. Yellow School Crosswalk 12' L.F. o7 0 Parking Stall Cr)Each Each ZE2, — ' Bike Lane Symbol Small Each.. A P " Bike Lane Arrow Each 50" Veh Direc Arrow — Straight Each O • Veh Direc Arrow—Left Tum Each p ^ Veh Direc Arrow— Fright Tum Each � ,'" Veh Direc Arrow — Lane Drop Each p. RR Crossing Each Handicap Paint Each p ^ Letter/Number 8' jEach ^ THERMOPLASTIC Single Solid Yellow 4' L.F. I j , Zo Double Solid Yellow 4' L.F. 4160 Skip & Solid Yellow 4" L.F. t (op Skip Yellow 4" L.F. 1 " Continuation Skip Yellow Line 4' L.F. Skip White 4' L.F. Solid White 4' L.F. Continuation Skip White Line 4' L.F. , Solid White 8' L.F. Solid White 8' L.F. SO Lane Dro8" L.F. t b Limit Line 12" L.F. Solid White 12" Stop Bar. L.F. S Solid White 12' Stop Bar L.F. White Ped Crosswalk 12" L.F. Yellow School Crosswalk 12' L.F. I T5 Parking Stall 'T' Each Vao — Bike Lane Symbol (Small) Each SO- O"Bike BikeLane Arrow Each 50" Veh Direc Arrow —Straight Each O • Veh Direc Arrow — Left Tum Each RR.Crossin Each � ,'" Handicap Paint Each p. Letter/Number 8' Each VN aY —4--Wr#-A- C fFA&AV'E City of San Juan Capistrano 2012 Pavement Marking 5 Pridng Page 1 V CITY OF SAN JUAN CAPISTRANO — PAVEMENT MARKING MAINTENANCE 2011 PROPOSAL WORKSHEET— MUST BE COMPLETED From: (Contractor) RFFIFCTOR17Fn PAWMFNT MARKTNRC fR_P_M_1 YellowNellow 4' Reflective D Each WORK PERFORMED DURING WORK PERFORMED AFTER PAVEMENT MARKING COSTS $/ Per REGULAR HOURS HOURS RFFIFCTOR17Fn PAWMFNT MARKTNRC fR_P_M_1 YellowNellow 4' Reflective D Each Yellow 4' Reflective H Each Yellow 4' Non -Reflective A Each 9 " Yellow 8' Ceramic Oa mar Each White/White 4' Reflective B Each , White 4' Reflective G Each White 4' Non -Reflective A Each White 8' Ceramic Da mer Each fl White/Red 4' Reflective C Each Blue 4' DB Each `T Curb -3' Inch Letters Each CHANNEUZERS ellowNellow 1 Each allow e G Each fifte/White Each Mite F Each O. REMOVALS Marker Each p Sandblast-- Minimum Charge / Sandblast S.F. 4' Blackout L.F. /p MISC: Swee in - Minimum Charge Swee in r Dated Ar Signature/Name CX7/LjI?- . e 9i4 !2 uC" mpov e -z> /.3t ml e ek eml 1,002w, Qty of San Juan Capistrano 2011 Pavement Marking 6 Pricing Page 2 U STATEMENT OF EXPERIENCE THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO _CITY AS PART OF QUOTATION. i VL S t. 0v Ie� PROPOSER'S NAME COMPANY NAME 2. 1 Fra -P) --- BUSINESS ADDRESS 3. ?/51 &3 — Lk�;,5(Z) BUSINESS TELEPHONE NUMBER Kevi,.% &.00 S" P11 P/NG . Ce:> wt BUSINESS E-MAIL ADDRESS 1. List at least six (6) Contracts of a similar type - either currently held or held within the past 24 months. PERIOD OF CONTACT NAME CONTRACT PUBLIC AND PHONE FROMITO AGENCY/COMPANY NUMBER CONTRACT AMOUNT ;k0o"3 ate s C. o f S&taka AAci. 1 A"T040000— YA MRS -ru Pf tse AvAAvi*m c�t2�s vAKf.. 7j4 `165- 005 �300,oeo-'-7 %is% 1.0 9%011 e:#-XP SLvt-t vs�ebtrr�l qq 0'C Avol Tn P,esti" At v-' ©ria e. Claris 1 SS:2-b9;k(= � l.Z.�bt7D Avvx -ro PV a.E.o Z -ro ?V wtAiA-,TAA/c6 Off 44Lr2JOL. 19 Pp es'evt + A. S�/"'1 ioa,o0 ®u as pagfton FOR Signat ORANGE COUNTY STRIPING . SERVICE INC. wan N pial €Y STREET CompWAN GE, CA 92868-2207 7 CA Corltroctces Worms #346095 183 N. PIXLEY STREET • ORANGE • CALIFORNIA 92868 • PHONE (714) 639-4550 a FAX (714) 639-6353 or 639-2608 Here is a list of Cities with similar contracts that we are currently maintaining. City Contact Phone # City of Aliso Viejo Joe Garza 949.8312716 (P.V. Maintenance) City of Anaheim Cyndee Blake 714.765-5099 City of Irvine Scott Roseberry 949.724.7620 City of Laguna Niguel Kevin Smith 949795.0647 (Charles Abbott) City of Lake Elsinore Lupe Gomez 951.674.5170 City of Encinitas Howard Whitlock 760.633.2853 ' City of Menifee James Moore 951.634.9206 (P.V. Maintenance) City of Murrieta Mike Brooks ', 951.304.9273 City of Newport Beach Perry Acuna 949.718.3478 City of Norco Bill Thompson 951.270.5607 City of Orange Chris LaFace 714.532.6426 City of Poway John Tolliver 619.808.8588 City of Santa Ana Kim McPeck 714.647.3339 City of Santa Margarita Joe Garza 949.831.2716 (P.V. Maintenance) City of Wildomar Jim Leven 951.634.0741 (P.V. Maintenance) LIST OF EQUIPMENT THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. as 4 �e. ��.� �i. .S�i►,'.o�.� � .� � ►er's Name ompanv Name Business Address 7i Y G 3 0/ Business Telephone Number. List equipment owned by the quoting firm that is available for use on this contract. Provide type, make and model year. Use additional sheets if necessary. Signatur@PW COUNTY STR1 I%owl is SERVICE INIC. 183 N. PIXLEY STREET ORANGE, A n nneee nnn; Company 8 CA Controctor's Ucense #346095 183 N. PIXLEY STREET • ORANGE • CALIFORNIA 92868 • PHONE (714) 639-4850 a FAX (714) 639-6353 or 639-2608 September 6, 2011 Re: Truck and Equipment List Here is a list of our equipment. 4 ea —Road Stripers for paint 3 ea — Stencil trucks for paint (legends) 2 ea — Road Stripers for thermo 2 ea Thermo trucks for legends 2 ea — Sign Trucks 2 ea — Marker Trucks ( Raised Pavement Markers) 5 ea — Airless Hand Machines ( for curb and parking lots) 2 ea — Hand Bitume Carts (small marker j obs) 2 ea — Sandblasting trucks 1 ea — Road Pro (Driving grinding machine for lining) 5 ea— Hand grinding machines 3 ea — Flatbed trucks IN LIST OF SUBCONTRACTORSIVENDORS THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. 1. Proposer's Name 0FMCE SERVICEWfi ame ffN! 183 N. PIXLEY STREET 2. ORANGE, CA zp Business Address 3. Business Telephone Number Name Address Phone Type of Work - -•4." d f 1aecIC Ito.4i It Signafa ERVICE INC. 183 N. PIXLEYSTREET IGE CA 2868-2207 T Company CERTIFICATION OF COMPLIANCE STATE OF CALIFORNIA PREVAILING WAGE LAW REQUIREMENTS The CITY has been advised that the Prevailing Wages Law applies to the work. CONTRACTOR shall be responsible for CONTRACTOR's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The CITY shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the CONTRACTOR. Iv` understand that I shall be responsibl for compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of records required by the provisions of Labor Codi action 1776 and with implementation of administrative regulations. ?)Mylas Pafterson 41/4 0/�r idAnt Date Name,6d Title ORANGE COUNTY STRIPING SERVICE INC. 183 N. PIXLEY STREET Company Name ORANGE, CA 92868-22W- 3 2 8-2 3 ylog,�_ Contractor's License # 10 V AGENDA REPORT TO: Karen P. Brust, City FROM: Nasser Abbaszadeh, Public Works Director 1014!2011 SUBJECT: Consideration of Personal Services Agreement for Pavement Marking Maintenance Services (Orange County Striping Service, Inc.) RECOMMENDATION: By motion, 1. Approve the Personal Services Agreement with Orange County Striping Service, Inc. to provide Pavement Marking Maintenance Services City-wide for a three- year term, with three one-year optional extensions, subject to available funding in the operational budget; and, 2. Authorize the City Manager to execute the agreement. Summary and Recommendation: The current agreement for pavement marking maintenance services expires on October 18, 2011. This type of maintenance service is required to provide for traffic safety on the roadway. Based on results of the Request for Proposals sent out in August 2011, staff is recommending City Council approval of a Personal Services Agreement with Orange County Striping Service, Inc. (OCSS). The Agreement term is for three years (November 1, 2011 through October 31, 2014) with three (3) one-year optional extensions at the City's discretion and demonstration of superior performance. This agreement is subject to an annual "not to exceed" dollar amount determined by funding availability in the City's approved operating budget. Backuround The City has a current agreement in place with Orange County Striping Service, Inc. to provide pavement marking maintenance services. This agreement will expire on October 18, 2011, and has been in place since 2005. Staff issued a Request for Proposals (RFP) to 9 contractors and posted the RFP on the City's website. Response proposals were received from Orange County Striping Service, Inc. and PCI. A comparison of the two proposals indicates the lowest overall pricing is the OCSS proposal, as shown on Attachment 2. In summary, OCSS pricing, per unit markings, is 24.5% lower than PCI. Estimated quantities and types of work vary from year to year, based on deterioration from the elements, large scheduled improvement projects which result in less required maintenance, and changes to existing markings. The City's Agenda Report Page 2 October 4, 2011 contractor is notified annually, after budget adoption, of the amount of funding that has been allocated for pavement marking maintenance services for the upcoming fiscal year. There is currently $65,000 in the approved operating budget for Fiscal Year 201112012. Personal Services Agreements for this type of work are subject to the State of California's Prevailing Wage Law requirement. This requirement typically increases the overall cost of construction/maintenance work for public agencies when compared to private entities, as the contractor is required to pay his employees/sub-contractors the State determined prevailing wage, by trade. This requirement can increase labor on contracts upwards of 50%. Pricing from OCSS reflects an overall 14.2% increase from the existing agreement pricing. As a result of this requirement, the City will realize less maintenance and repair with the same budget dollar limit (Fiscal Year 2011/2012 has an adopted budget of approximately $65,000 for pavement marking maintenance services). Company Qualifications Orange County Striping Service, Inc. has provided pavement marking services to the City for many years. The current agreement has been in place since 2005 and staff is very satisfied with this company's ability to provide quality work. They are responsive to the City's needs. OCSS is based out of Orange, CA, and currently provides service to the Cities of Santa Ana, Anaheim, Orange, Aliso Viejo, Rancho Santa Margarita and Irvine. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: N/A FINANCIAL CONSIDERATIONS: There is a "shall not exceed the total amount in the City's adopted fiscal year operating budget for pavement marking maintenance services" clause included in Section 3.1 of the Personal Services Agreement. The current Fiscal Year 2011/2012 adopted budget for pavement marking maintenance services is approximately $65,000. NOTIFICATIONS: Orange County Striping Service, Inc. PCI Agenda Report Page 3 RECOMMENDATION: By motion, u October 4, 2011 1. Approve the Personal Services Agreement with Orange County Striping Service, Inc. to provide Pavement Marking Maintenance Services City-wide for a three- year term, with three one-year optional extensions, subject to available funding in the operational budget; and, 2. Authorize the City Manager to execute the agreement. Respectfully submitted, Nasser Abbaszadeh, PE Public Works Director Attachment(s): Prepared by, Senior Management Analyst 1. Personal Services Agreement — Orange County Striping Service, Inc. 2. Pavement Marking Proposal Pricing Comparison 3. PCI Pricing Proposal PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this day of , 2011, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Orange County Striping Service, Inc. (hereinafter referred to as the "Contractor"). RECITALS: WHEREAS, City desires to retain the services of Contractor regarding the City's proposal to provide pavement marking maintenance; and, WHEREAS, Contractor is qualified. by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Contractor mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Contractor shall consist of those tasks as set forth in Exhibit' A," attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on November 1, 2011. This Agreement shall be for a (3) three-year period of time with. the option of three (3) one-year extensions. Agreement extensions shall be based on staff review of the Contractor performance. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed the total amount in the City's adopted fiscal year operating budget for pavement marking maintenance services, payable at the rates as set forth in Exhibit "B", attached and incorporated herein by reference. There is no guaranteed amount for this contract by the City to the Contractor. The Contractor may not, dependent upon availability of projects and/or funding, receive any work. The City shall issue purchase orders equal to the anticipated Contractor fees on a project basis, which shall constitute the Contractor's authorization to proceed. ATTACHMENT 1 U � U 3.2 Method of Payment. Subject to Section 3.1, Contractor shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 3.3 Records of Expenses. Contractor shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Contractor shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment; The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and -City. All persons engaged in the work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Contractor undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Contractor's fees. Section 7. Familiarity with Work and/or Construction Site. Byexecuting this Agreement, Contractor warrants that: (1) it has investigated the work to be performed; (2) it has investigated the work site(s), and is -aware of all conditions there; and. (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Contractor discover any latent or unknown 2 conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law: E -Verify. 9.1. Compliance with Law. Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E -Verify. If Contractor is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Contractor shall enroll in the E -Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Contractor shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at,hftp://www.uscis.gov, or access the registration page at https://e-verify.uscis.gov/enroll/. Contractor shall certify its registration with E -Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. Section 10. Conflicts of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Contractor. Section 11. Not Applicable. Section 12. Not Applicable. Section 13. Indemnity. To the fullest extent permitted by law, Contractor agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including 3 U attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Contractor, Contractor's agents, officers, employees, subcontractors, or independent contractors hired by Contractor in the performance of the Agreement. The only exception to Contractor's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be'provided by Contractor. Section 14. Insurance. On or before beginning any of the services or work called for -by any term of this Agreement, Contractor, at its own cost and expense, shall cavy, maintain for the duration of the agreement, and at proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Contractor has also been obtained for the subcontractor. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability.. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If. a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term -of this Agreement, Contractor shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 Workers' Compensation. If Contractor intends to employ employees to perform services under this F1 Agreement, Contractor shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Priorto beginning any work underthis Agreement, Contractor shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor, products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.6 Terms of Compensation. Contractor shall not receive any compensation until all insurance provisions have been satisfied. 14.7 Notice to Proceed. Contractor shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Contractor has complied with all insurance requirements of this Agreement. Section 16. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Contractor. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. 5 Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery .of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Nasser Abbaszadeh To Contractor: Orange County Striping Service, Inc. 183 N. Pixley Street Orange, CA 92868-2207 Attn: Douglas Patterson, President Section 17. Prevailina Wanes. The CITY has been advised that the Prevailing Wages Law applies to the work. CONTRACTOR shall be responsible for CONTRACTOR's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The CITY shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the CONTRACTOR. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by, binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Aareement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. [SIGNATURE PAGE FOLLOWS] D U IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: (Pwal �C?'M'jk� Omar Sandova , City Attorney CITY OF SAN JUAN CAPISTRANO By: Karen P. Brust, City Manager ORANGE COUNTY STRIPING CONTRACTOR SERVICE INC. 183 N. PIXLEY STREET ORANGE, CA 92868-2207 By: Douglas Patterson 7 President v Work To Be Done SPECIAL CONTRACT PROVISIONS SCOPE OF WORK Work to be done consists of furnishing all labor, supervision, methods of processes, implements, tools, machinery,' safety equipment, traffic control, materials and proper licensing required to identify, list and perform pavement marking services in those areas designated by the Public. Works Director or authorized representative and to leave the grounds in a neat condition. 'The scope of the pavement marking work may vary according to need. This contract covers pavement marking maintenance services. Improvement projects shall be bid out separately. The Contractor shall fumish and maintain records designating exact locations and areas of repairs and maintenance. Such reports shall be signed by the contractor and the Public Works Director or authorized representative in charge of overseeing the work. If. the City representative determines that the contractor has not satisfactorily marked any facilities, he shall cause the payment for marking of such to be withheld until such time that the facilities are properly marked. All .work for which a progress payment is made shall be reported on and certified according to the foregoing -procedure, and in addition .thereto, the Public Works Director or authorized representative shall certify that the work has been inspected and was completed to the satisfaction of the .C4 prior to payment by -the City. Authorization of Work Work will not be performed without prior approval and only as authorized by the Public Works Director or authorized representative. Progress of Work Work shall proceed in an* orderly, manner. Wherever possible, repair work shall be completely finished prior to workmen .proceeding to the next location. Any exceptions shall be approved by the Public Works Director or authorized representative. Alterations The City reserves the right to increase or decrease the quantity of any item or portion of the work or to omit portions of the work as may be deemed necessaryor advisable by the City. . The Public Works Director or, authorized representative may . make such alterations or deviations, additions to, or omissions from these specifications, as may be determined during the progress of the work to be necessary and advisable for the proper completion thereof. Such alterations or deviations, additions or omissions shall in no way affect or make void the contract. Upon written order of a Public Works EXHIBIT A U Director or authorized representative, Contractor shall proceed with the work as increased, decreased or altered. .Acceptance of Work Done The Public Works Director or authorized representative will make inspections and determine that the work has been completed in all respects in accordance with theses, specifications. Billing Form, Records and Reports The contractor shall maintain a record of all work performed, including but not limited to location and types .and amounts ma intainedrnstalled/removed. This record shall list the date(s) of the service and/or work performed. A copy of such record shall be provided to the•City.upon completion of -each Work Order. The contractor. shall return appropriate and completed Work Orders* showing the date .and inventory of work performed and it shall be attached to each invoice. Contractor shall provide a billing form and progress payment form approved by the Public Works Director or authorized representative. METHOD OF WORK The pavement marking program shall involve all work necessary to maintain and replace roadway markings on the traveled way. Work can include layout, removal of old stripe, painting of new or existing stripe, installation or removal of raised pavement markers and the -use of thermoplastic, tape or raised bars for pavement markings. The Contractor shall follow the guidelines as set out in the latest edition of the Manual of Uniform Traffic Control Devices (MUTCD) and in Chapter 16 of the State of California Department of Transportation Highway Division (CalTrans) ' Maintenance Manual regarding.the requirements and specifications for pavement delineation. All work shall be performed per the Standard Specifications .for Public Works Construction (Green Book), Latest Edition. -The Contractor shall be responsible and shall take necessary precautions to prevent public trespass into areas of work, during and following. construction, until that time that the area is opened again to the public for their use. Rubbish and construction debris shall be disposed of to an.eipproved dump site. After removal operations have been completed,. the grounds shall be left in a neat and presentable condition, 'satisfactory to the Public Works Director or. authorized representative. The Contractor shall vdFIfy the location of all utilities prior to construction, repair or maintenance, and shall be held liable for all damages incurred due to his. operations. Per City Council Policy. 601, an Archeological Monitor is required to be onsite during all excavations in excess of 18 inches. Materials Paint, - thermoplastic, reflectorized pavement markings, stencils, signs, and other materials shall meet the requirements set out in the latest edition of the Manual of Uniform. Traffic Control Devices (MUTCD) and in Chapter • 16 of the California Department of Transportation Division of Highways (CalTrans) Maintenance Manual and Section 214 of the Standard Specification for Public Works Construction, latest editions. The Public Works Director or his/her authorized representative may make changes to these requirements as deemed necessary. Traffic Control The contractor shall maintain a safe environment for the public while performing all work. Appropriate State/City traffic control standards and/or policies shall be adhered to for all work, in all instances. Personnel, vehicles, equipment, etc. shall be properly outfitted/equipped for the work being performed. Any restrictions, due to the work to be done, that cause travel ways to be less than State/City minimum requirement,. shall have appropriate traffic control (in accordance with State specifications, policies, and procedures Installed prior to the beginning of work and remaining until all work is complete. All traffic control shall, at a minimum, adhere to requirements of the Work Area Traffic Control Handbook (WATCH Manual). Signs/Posts The City may, at times, need to have the contractor install/remove/modify-signage in conjunction with the appropriate pavement markings. A Work Order specifying sign type and material (constructed of) and post requirements will be detailed in a Work Order provided by the City. Any and all such costs associated with the work shall be in accordance with any or all parts of this agreement and/or prevailing rates/costs. NPDES Regulations The Contractor shall comply with all City regulations regarding NPDES (National Pollution Discharge Elimination System) Requirements andthe City's Best Management Practices. Contractor shall not discharge* anything to the storm drain or creek. Contractor will contain any materials that may potentially reach a City storm drain. Contractor shall Implement. the attached Best Management Practices (BMP's) provided by the City. Contractor will conduct annual training regarding stormwater regulations and the appropriate BMP's for all employees working at City facilities Contractor shall provide ,to the City annually, by July 1, with certification of the required training on v stormwater regulations and the BMP's, 'and acknowledgement of adherence to these standards while performing work at the City: During construction the. Contractor shall provide street sweeping as. necessary to meet the requirements of the City of San Juan Capistrano National Pollution Discharge Elimination System Program (NPDES). Protection of Existing Utilities The Contractor must take all due precautionary measures to protect all of the existing utilities. When necessary, the Contractor shall have all utilities located by contacting the responsible agency at least 48 hours prior to -commencing any work. The Contractor's attention is directed to the one -call utility notification service provided by Underground Service Alert (USA). • USA member utilities will provide the Contractor with the locations of their substructures when given at least 48 hours notice. 'Such requests should be requested through -USA (1-800-4224133). Contract Termination , If at any time; in the opinion of the Public Works Director or authorized representative, Contractor fails to supply suitable equipment, an adequate working force, or material of proper quality, or shall fail in any respect to perform any work with the diligence and force specified and intended in -and by the terms of the contract, notice thereof in writing . shall be served upon him. • Should the contractor neglect or refuse to provide means for sa#isfactory compliance with the contract, as directed by the Public Works Director or his/her authorized representative, within the time specified in, such notice, the City in any such case shall have the power to terminate all or any portion of the contract. Extra_ Work 1. Extra work will not be performed without prior approval by. the Public ' Works Director or authorized representative unless a condition exists wherein it appears there is danger of injury to persons or damage to property. 2. Extra work may be required by the Public Works Director_ or authorized representative as a result * of acts of God, vandalism, theft, civil disturbances, accidents, or improvements. 3. '.Payment for extra work will be based on actual cost of labor; plus wholesale cost of .materials, plus a markup. Extra services other than* those listed shall be negotiated on a time and material basis with a "not -to exceed'" amount. 4. The Public Works Director or authorized representative Is authorized to approve extra work up to 25 percent (25%) of the annual cost of the agreement, or 'reduce the contract amount by up to 25 percent (25%) of the annual cost *of this agreement. 4 Flow and Acceptance of Water Surface or other waters may be encountered at various times. The Contractor, by. submitting a proposal, acknowledges that he/she has investigated .the risks arising from surface or other waters and has prepared his/her proposal accordingly.. It shall be the sole responsibility of the Contractor to protect their -work from danger due to.any waters encountered. Should any damage•occur.to the work due to surface or other water, the .Contractor shall repair such damage at their expense. Protection of Private Property The Contractor must remain within the maintenance areas to the best of his ability. The Contractor must protect all existing private property. 'Protection of Maintenance Areas Contractor shall protect property and facilities adjacent to the maintenance areas and all property and facilities within the maintenance areas. After completion of project, the maintenance area shall -be clean and in a presentable condition. All public or privately owned improvements and facilities shall. be restored- to their original condition -and location. In the event improvements of the facilities are damaged, they shall be replaced with new materials equal or -better to the original. Contractor shall repair such damage at their expense. Nothing herein shall be construed to entitle the Contractor to the exclusive use of any public street; .way or parking area during performance of. the contract work, and Contractor shall conduct his/her operations so as not to interfere with the authorized work of utility companies'or other agencies in.such streets, ways or parking areas. Weekly Reporting Contractor shall make weekly contact with the Public Works Director or authorized representative to determine work level and effort, as well as maintenanos'performance. Contractor shall provide the City with a weekly log sheet showing the names, dates, and hours worked of all employees for the previous week, on the following Monday. Withholding of Payment If, irl the event that inadequacies/deficiencies ' are determined by the Public .Works Director or authorized representative, the Contractor will have 24 hours .from the time such items have been determined to be corrected as necessary. If Contractor fails to correct .within 24 hours,- Contractor shall be fined the amount previously determined at the time of the initial inspection. Deductions from the -monthly payment due, for work not performed, will be based upon the bid worksheets, which are to be submitted at the time of bid. 5 Meetings Contractors shall provide the Public Works Director or authorized • representative with a. contact persori(s) and a phone number to reach the contract'representative at all times, 24 hours per day. Contractor shall appoint and identify to Public Works Director or authorized representative a "site supervisor." This site supervisor shall meet with staff one (1) time per week at a time and place agreed upon by both parties for as long as the contract is in effect to discuss any. problems/concerns which may arise and any goals for the day/week. 6 GENERAL PROVISIONS REQUIREMENTS, PERSONNEL:'EQUiPMENT. MATERIALS, AND SUPERVISION REQUIREMENTS a) Work will ordinarily be performed between the hours of 7:30 AM and' 5:30 PM, .Monday through - Friday. During emergencies, work .may be required at other than normal hours. The Contractor must receive the approval of the Director of Public Works or his/her authorized representative prior, to commencing work during hours outside those stated above. b) Contractor shall maintain an adequate -crew of at least two experienced employees to perform the service required. c)• Contractor will be required to supply a list of equipment owned and available for work. d) Contractor will be required to supply a list of references for similar work performed. e) Contractor will be required to supply list *of sub -contractors if applicable. f) Contractor may be required to supply additional experience references if requested by City. g) Contractor shall provide City with required proof of liability insurance, workman's compensation insurance, vehicle insurance, and City business license as noted in the contract. h) Contractor shall be responsible for Contractor's compliance in all respects with. the prevailing wage rates to. all the laborers involved, and with California labor Code Section. 1770.et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The City shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the Contractor. 1) Hourly rates and unit prices quoted shall include all safety equipment 'required. Traffic control may be required onsome sites, and shall be included in quoted prices. j) Hourly rates for emergency work shall be for•actual time spent on the job site. No. travel time will be paid. k) The Proposal will ' be awarded based on an analysis'. of Proposal. Prices; Statement of. Experience, Statement of . Equipment, •List of Sub= Contractors/Vendors and all provisions noted in the Instructions 'to Proposers and General Provislons and Specifications sections of the Specification Package. The City may -award to one or more contractors as required to meet its needs. 1) At any time prior to Proposal date,. Contractor may inspect .City property for further information, if desired. City representatives will be available if desired to answer questions. m) Contractor shall protect any and all private property adjacent to work areas: Any damage 10 private property resulting directly or indirectly from Contractor's actions shall be the responsibility of the Contractor. n) All employees of Contractor shall wear a uniform or shirt that clearly identifies the company. o) All employees of Contractor .shall wear an orange safety vest whenever working In City streets, or within 10 feet of City streets. P) .contractor must be able'to provide a list of employee's names, dates worked and hours worked on each date if requested by the City. q) Contract Termination - If at any time, in the opinion of the Public Works Director, or authorized representative, the Contractor fails to supply suitable equipment, an adequate working force, or material of proper quality, or shall fail- in any respect to prosecute any work with the diligence and force specified and intended in and by the terns of the contract, notice thereof in writing shall be served upon him. - Should he/she neglect or refuse to -provide means or satisfactory. compliance with the contract, as directed by the ' Public. Works Director, or authorized representative, within the time specified in such notice, the City in any such case shall have the power to terminate all or any portion of the contract. PERSONNEL The contractor shall use and furnish all labor necessary for the satisfactory performance for the work set forth in this contract. (a) Contractor's Laborers The Contractor agrees to require his/her laborers to present a neat appearance at all tjmes while engaged in the performance; of their duties and maintain good bearing and deportment toward the public. Should for any reason an employee be unsatisfactory in the opinion 'of `the Public Works Director or authorized. representative, the Contractor, when notified in writing, shall cause that employee to be -removed from the job and replaced by a satisfactory laborer. (b) Laborer Attire The Contractor shall require each of his/her employees to adhere to basic standards of working,- attire. These are to include uniforms, with . the Contractor's company name or insignia clearly visible, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing, which includes that shirts shall be worn at all times, buttoned and tucked in. (c) Typical Tasks Contractor shall supply laborers with the skills to perform various semi -skilled duties in connection with pavement marking maintenance. (d) Exparlence Supervisorstforemen. shall have a minimum of five (5) years of experience in the concrete construction field. - , (e) Licenses .Laborers will be required to possess a valid and current California Driver License, including all insurances as required by the City. (f) Knowledge and Abilities The Contractor's representative shall have a, general knowledge *of the pavement marking maintenance Industry, including suitable experience in the field to perform the required work in a safe and thoughtful manner EQUIPMENT The contractor shall use and furnish all equipment necessary for the satisfactory j performance of the work set forth in this contract. (a) Vehicles Contractor .shall display the name of their firm on any/all vehicles used or otherwise by the' Contractor's employees.. The firm name shall be in letters large enough to be :easily legible from a distance 'of fifty (50) feet during the course of their work. (b) Maintenance All equipment used by the Contractor shall be kept in a neat and ' clean appearance and maintained in top mechanical condition. All equipment shall 3 WN be properly adjusted, from an operational safety standpoint. (c) Storage of Equipment The Contractor is required to supply.storage for equipment that.is used in the City. Equipment shall not be stored in the public right of way or on any other City property without written authorization from the Public Works Director or authorized representative, MATERIALS - The Contractor., is required to supply storage for materiels that are used in the City. Material shall .not be stored in the public right of way or .any other City property without written authorization from the Public Works Director or authorized representative. SUPERVISION The Contractor shall provide such ' adequate supervision as to fumish • ongoing supervision of workmanship and adherence to schedules by the laborers performing the work under contract. The field supervisor or -their representative shall check -with the Public Works Director or an authorized representative weekly as to (1) schedule of work; (2) complaints,* and (3) adequacy of performance. The Contractor .shall submit such reports as the City may require ensuring compliance with scheduled work. The Contractor's field supervisor ishall be onsite while work is in progress. TELEPHONE. ELECTRONIC MAIL. AND - EMERGENCY SERVICE CONTACT INFORMATION The Contractor shall provide the City at all times throughout the duration of this contract emergency telephone numbers of at least two (2) qualified persons who can be called for emergency conditions at any time that Contractor's representatives are not immediately available at the job site. An alternate emergency number shall be provided in case no answer is received at the first number. The emergency number shall be used to contact the representative of the Contractor who can take the necessary .action required to alleviate an emergency condition which threatens to cause damage to any City property. In addition, the Contractor shall employ persons) to answer telephone and e-mail complaints; requests for service, etc. (an answering service will not be considered sufficient for this purpose) during normal City. working.hours. Normal City working hours are 7:30 A.M. to 5:30 P.M., Monday -through Friday. Contractor is required to maintain an office within the Orange County area. Contractor is further required to provide the City with a 24-hour emergency number for contact outside normal working hours. The response to an emergency call -out by the Contractor shall not be more than two .(2) hours and. shall be considered part of the 4 normal contract except when delayed by problems caused by vehicle accidents or Acts of God. EMERGENCY MEDICAL FACILITY The- successful proposer. is required to provide the City with one (1) copy of an "Emergency Medical Facility Designation and Procedure Sheet'- before a contract is awarded. On this sheet, the successful proposer must designate a twenty-four (24) :hour emergency medical facility to provide emergency medical treatment/care in the event of injury to any of the Contractor's employees. It will be the responsibility of the Contractorssupervisor/lead worker to - , transport or make arrangements ' for the transportation of any injured employee to and from the designated emergency medical facility or any similar medical facility. Lit PROPOSAL M PAVEMENT MARKING MAINTENANCE From: CONTRACTOR To the Honorable City Council City of -San Juan Capistrano Gentlemen: The undersigned, as proposer, declares that he/she has carefully examined the location of the proposed work as described, examined the Specifications and General Provisions, read the.. Instructions to' Proposers, • and is 'familiar with all . proposal requirements, and hereby proposes and agrees, if the proposal is accepted, to complete said contract in accordance with the Contract Docurrients for the following: --Said amounts are to include and, coverall taxes, the performing of -all -the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, materials and other means of maintenance; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifications for the work. Contractor will not be required to pay for permits on City projects. It is anticipated that the chosen Proposer shall commence work on November 1, 2011. (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm: President, Secretary, Treasu r, and Manager thereof.) r - Dated: 9 G �� ou les eeiSOn 4 Name . SERVICE INC. 183 N. PIXL€Y STREET President Dated:---- ORANGE, CA 92868-2207 Business Address Telephone. Number t,I-A.,W - - v A0, Contractor's License # Further, the undersigned -proposer certifies that he/she has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his/her knowledge and that they constitute his/her proposal for the work called out herein. EXHIBIT 8 Dated: Name sF�oG erson Dated:.Pr�sfenf Business Address Dated: Telephone Number Contractor's License # 4 • v v From: CIIYOF SAN JUAN CAPISTRANO—PA-WMENT MARKING MAINTENANCE 2011 PROPOSAL WORKSHEET— MUST BE COMPLEIrEO (Contractor) Stn 1e Solid Yellow 4' L.F. WORK PERFORMED DURING WORK PERFORMED AFTER PAVEMENT MARKING COSTS $/ REGUL48HOURS HOURS Stn 1e Solid Yellow 4' L.F. ----- Z� Double Solid Yellow 4' L.F. to SICIP & Sold Yellow 4' L.F. 12 SIdp Yellow 4' L.F. -1211 Continuation Skip Yellow Line 4' L.F. SkIp While 4' L.F. .01 Solid White 4' LF. .07 Continuation SIdp White Line 4' LF. Sorld White 8' L.F. p Soud While 8' L.F. SO Lane Drop 8' LF, 112 -400, Limit Line 12' L.F. p Solid While 12' Stop Bar L.F. 70 Solid White 12' Chevron L.F. .70 White Ped Crosswatk 12' LF. Yellow School Crosswalk 12' LF. ,-792 Parking Stall M Each +� RaLarke-SymbAlAma_..._ _... Earb__._.._ _..... o."_..__._..._.. __..._-•--_...__ . ...._.... Bike Lane Arrow Each O •+ Veh Dirac Arrow - Straight Each eh Direc Arrow - Left Tum Each p Veh Dirac Arrow - Right Tum Each Veh Dlrec Arrow - Lane Drop Each 3101- p ^RR RRCrossing Each , •- Hanckep Paint Each p • Letter/Number 8' • Each ^ S le Solld Yellow4'M*L ----------- F. ----- Z� Double Solid Yellow 4'.F. to Skt & Solid Yellow 4'.F. p Ski Yellow 4'.F. i - Contkluaticn Ski Yellow LF. Ski White 4'.F. Solld White 4' L.F. 2.0 Continuation Skip White Llne 4' L.F. Solid While 8' L.F. C -11 Solld White 8' L.F. SO Lane Droo 8' L.F. Limit Line 12' L.F. Solid While 12' Stop Bar. L,F, Solid White 12' Stop Bar L.F. 75, White Ped Crosswalk 12' L.F. Yellow School Crosswalk 12' L.F. Parldna Stall 'T' Each p Bike Lane Symbol Small Each Blko Lane Arrow Each O •+ Veh Dirac Arrow -Straight Each Veh Dlrec Arrow - Left Tum Each RR, Crosall Each Handica Paint Each p, ^ Letter/Number 8' Each • Qty of San Juan Caplsbano 2011 Pavement Marking Pddng Page 1 From: CITY OF SAN JUAN CAPISTRANO — PAVEMENT MARKING MAtNTENANCE 2011 PROPOSAL WORKSHEET — MUST BE COMPLETED (Contractor) Yellow/Yellow 4' Reflective D WORK PERFORMED DURING I WORK PERFORMED AFTER PAVEMENT MARKING COSTS $/ Per REGULAR HOURS HOURS Yellow/Yellow 4' Reflective D Each Yetiow 4' Reflective H Each + Yellow 4' Non•Reflective A Each Yellow 8' Ceramic Da mar Each White/White 4' Reflective B Each White 4' Reflective 0 Each White 4' Non -Reflective Each While W Ceramic Dam Each White/Rad 4' Reflective C Each 10.11 Blue 4' DB Each curb -3' inch Letters Each �— UUMNLULM wNeltow e 1 Each •- w ffm G Each I Vf Whfte QW9 Each i Each So. REMOVALS r Each p SandbEuat = Mitllli UM Ctmood Sandblast ISA 4'BIackqut 1L.F. /O Dated Slgnatvre/Name City of San Juan Capistrano 2013 Pavement Marking 6 Prlctng Pap 2 STATEMENT OF EXPERiENCE THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. 1. r-ari e PROPOSER'S NAME COMPANY NAME 2. S -r, , b,raK BUSINESS ADDRESS 3. BUSINESS TELEPHONE NUMBER 1cEewVA g'T/�> BUSINESS E-MAIL ADDRESS 1. List at least six (6) Contracts of a similar type - either currently held or held within the past 24 months. PERIOD OF CONTACT NAME CONTRACT PUBLIC AND PHONE FROM/TO AGENCY/COMPANY NUMBER CONTRACT AMOUNT X003 I -M 141w4 me-Pmte- ��54, P-9 S C.i O f Sa l 6 4 7 3331 coo, �' iii lavkS -ro c 15 VAtlL-, -16S-te` e bf 1 #f 05 y� 30D 0CQ ] 1991 'rt>/f %o 1 ei D'C 'XRVI"C Saofit es+ewro-tj �� `1 ��-i6�•� � i«�7 beD .' j >� a no? TD ��SYK Ck r 15. gat v- ► SSA-69;X(a �gs.el PV P� �So. l�:� o psi-a�i� �/OpD 000.— Y� ot40 2 Ta i�prc 'P�� PV P4A1AP" .Tbt cooc r► vvk +- � S` Ougas PalTOrson Signat OR COUNTY STRIPING . SERVICE INC. +ee "', �'"'�YSTREET CompNGE, CA 92868 2207 • UGE caU . Q � GA Contractor's Uceme 04W95 183 N. PDM STREET • ORANGE • CALIFORNIA 92868 • PHONE (714) 639.45M • FAX (714) 639-6353 or 639-2608 Here is a list of Cities with similar contracts that we are currently maintaining. City Contact Phone # ' City of Aliso Viejo Joe Garza 949.831.2716 (P.V. Maintenance) City of Anaheim Cyndee Blake 714.765-5099 City of Irvine Scott Roseberry 949.724.7620 City of Laguna Niguel Kevin Smith 949795.0647 (Charles Abbott) City of Lake Elsinore Lupe Gomez 951.674.5170 City of Encinitas Howard Whitlock 760.633.2853 ' City of Menifee James Moore 951.634.9206 (P.V. Maintenance) City of Murrieta Mike Brooks ' 951.304.9273 City of Newport Beach Perry Acuna 949.718.3478 City of Norco Bill Thompson 951.270.5607 City of Orange Chris LaFace 714.532.6426 City of Poway John Tolliver 619.808.8588 City of Santa Ana Kim McPeck 714.647.3339 City of Santa Margarita Joe Garza 949.8312716 (P.V. Maintenance) City of Wildomar Jim Leven 951.634.0741 (P.V. Maintenance) Lum LIST OF EQUIPMENT THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. ay Name Name 183 .0 g0a, •,r/pv s� . me -'a" P CIS 92-A4,f Business Address 7/ Business Telephone Number. List equipment owned by the quoting firm that is available for use on this contract. Provide type, make and model year. Use additional sheets if necessary. v wL Ant Signatur TY STRIPING- 6--*� SERVICE INC. 183 N. PIXLEY STREET ORANGE GA 92868 nnn; Company 8 CActorsUcensG 0346095 188 N. PDM STREET • ORANGE • CALIFORNIA 92868 • PHONE (714) 639-4650 • FAX (714) 639-6353 or 639-2608 September 6, 2011 Re: Truck and Equipment List Here is a list of our equipment. 4 ea — Road Stripers for paint 3 ea — gtencil trucks for paint (legends) 2 ea — Road Stripers for thermo 2 ea —• Thermo trucks for legends 2'ea— Sign Trucks 2 ea — Marker Trucks ( Raised Pavement Markers) S ea — Airless Hand Machines ( for curb and parking lots) 2 ea - Hand Bitume Carts (small marker jobs) 2 ea— Sandblasting trucks 1 ea — Road Pro (Driving grinding machine for lining)_ 5 ea L Hand grinding machines 3 ea — Flatbed trucks u u LIST OF SUBCONTRACTORSIVENDORS THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. 1. Proposer's Name 0 SERVIC ame 2. n 83 N. PJXLEY STREET Business Address , CA 92� 3. �jl`l 3� Business Telephone Number Name. Address Phone Type of Work It SignalM t MERVICE INC. 183 N. PIXLEY STREET QRA G,ErCA 92868.2207 Company 9 CERTIFICATION OF COMPLIANCE STATE OF CALIFORNIA PREVAILING WAGE LAW REQUIREMENTS The CITY has been advised that the Prevailing Wages Law applies to the work. CONTRACTOR shall be responsible for CONTRACTOR's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The CITY shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the CONTRACTOR. understand that I shall be responsibl for- compliance in --all- respects w' ith- the prevailing wage- rates --to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of records required by the provisions of Labor Codo•�.ectiQn 1776 and with implementation of administrative regulations. (� as Paftergo Date ' . NameOW Title ORANGE COUNTY STRIPING SERVICE INC. 183 N. PIXLEY STREET Company Name ORANGE, CA 9 3 ylags~ Contractor's License # 10 2Du PAVEMENT MARKING COMPARISON CONTRACTOR ORANG[CO. SfFAPUtGSRRVKE ---- PO PAVEMENT MARKING COSTS !< WORK PERFORMED DURING REGULAR HOURS WORK PERFORMED DURING REGULAR HOURS $2.M.00 PAINT .25 $1.9s SInals Sold Yellow 4' L.F. $0.07 50.08 Double Sold Yolav 4' L.F. $0.15 $0.14 Skip b SoDd YOUDW 4- L.F. $0.14 $0.14 Skip YeDow 4- L.F. $0.07 $0.07 Contowation Skip Ye00w Una 4- L.F. a7 $0,20 Skip Mh to 4- LF. 07 -07 Sold Vw to 4' LF. $0.07 $0.08 CordWoUOn SkIp V%ft Lbw P LF. So.07 20 Sold V11ote W L.F. Salo $0.10 Sold When S' LF. IMswo laneDrop S' LF. .10 $0,20 ltm l Une 12' LF. $0.70 $0.70 Sold VNrte 12- Stop Bar LF. .TO $0.70 Sold W dle 12' Chevron L.F. $0.70 $0.70 VNute Ped Crosswalk 12' L.F. $0.70 $a.f0 YOIIOW Schad Cro3xWoIk 12' L.F. $0.70 SO.70 Parkbrio Stag M Eooh $10.00 Wo Baro Lane Swnbol Small Each $20.00 $20.00 Btko Nano Anew Each $10.00. S20.0p Veh Obec Anew - StroloM Each $10.00 $20,00 Veh Direr Arrow - Loft Torn Each $10.00 $20.00 Veh Dwm Arrow - Rigtd Tom Exh $10.00 20.00 VchDwwAmow-Lane W.00 smoo, RR Each S110.00 $90.00 POW Each 120.00 Leftmumber G Each 00 W 1HEMAOR"m S00d Yellow 4' LF. $1.20 SO DOublo Solid YODOW 4' L.F. $1.60 .95 Skip b Sold Yelow 4' L.F. $1.60 so.90 Skip Ye0ew 4' L.F. $1.00 .40 Contirmation Skfp Yalow Una 4' L.F. $1.0D $1.00 Skip White 4- L.F. $1.00 $0.40 Sold VVMe 4' L.F. Leo $0.50 COnlnualdt VW1 ; one 4' LF, $1.00 $1.00 Said VAft S' L.F. $1.40 $0.60 Sold Vdrita Ir LF. ISO LSO Lane Drop S' LF. $2.30 $1.50 Und tme 1Y LF. SL7S 53.00 Sam W de, tY stoo em LF. SUS $3.00 Sold W1ute 17 Stop Bar L.F. 1-75 $3.00 VWate Pad CMUVJ3 t 12' LF. SL75 $3.00 YeDow Schad Cmssvralk tY LF. $1.75 S&OD ParwastalmEach Wm 20.00 Bate Lane Each $SO.00 $100.00 Bate Lane Arrow Each $30.00 SM.00 Veh DIrw Arrow - Straight Each S60joa $95.00 Veh Wee Arrow - Left Tum Each $70.00 $9S.00 FIR Crossirig Each S2S0.00 S300,00 Handicup Point Each $60.00 $120.00 LaRedNumber V Each $40.00 $3S.00 REFLECTORREDPAVEMENT MARKINGS R.P.M. YalowMetkrw 4' Reftcd a Each S4.oD 340 YeDow 4' ReSaetive Each $4.00 S3.30 YeDow 4' Non-ReReedve Each $3.00 $2.SO Yelow 11' Cataft Each S75.00 $40.00 %tdcJVlEdto 4' Rallaedwe Each 00 Sim Vii to 4' R4R4CUve G Each S4.00 $1.10 VWde 4' Nor►ReReuNa Each $3= VA to S'Ceramic Each .00 $40.00 VNBtelRed 4' RaRocWo C Each .00 SS.00 Btuo4' DB Each $4.00 $12.00 Curb -B' Inch Lettem Each 10D $5.00 0 ANNElt2ERS Yelaad7eltow ffype 1 Each 0.00 $85.00 Yellow 6 Much 1 S50.00 $85.00 VfttwVYhho E Each 50.00 $85.00 VMto Each I SSO.OD Sam mum ur Imu. 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If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 12:00 p.m. on Monday, October 3, 2011, to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Jill Thomas, Senior Management Analyst. You may contact that staff member at (949) 443-6362 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanouancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cityclerkO-sanjuancar)istrano.orq. Maria Morris, CMC City Clerk cc: Orange County Striping Service, Inc.; PCI San Juan Capistrano: Preserving the Past to Enhance the Future WR 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493.117) (949) 493.1053 FAX www.sanjuancapistrano.org TRANSMITTAL TO: Orange County Striping Services, Inc. Attn: Douglas Patterson, President 183 N. Pixley Street Orange, CA 92868-2207 DATE: October 14; 2011 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 MEMBERS OF THE CRY COUNCIL SAM ALLEVATO LAURAFREESE LARRY KRAMER DEREK REEVE JOHN TAYLOR RE: Personal Services Agreement — Pavement Marking Maintenance Thank you for maintaining documentation confirming compliance with the terms of the agreement related to insurance. This documentation must remain current with our office during the term of this agreement. Please be aware, our office needs to receive documentation of compliance related to contract terms under Section 9. Compliance with the Law; E -Verify. If you have questions related to E - Verify or insurance requirements, please call me at (949) 443-6310. If you have questions concerning the agreement, please contact Jill Thomas, Senior Management Analyst at (949),443-6362. An original agreement is enclosed for your records. Cc: Jill Thomas, Senior Management Analyst San Juan Capistrano: Preserving the Past to Enhance the Future WN Christy Jakl From: Christy Jakl Sent: Friday, October 14, 2011 11:45 AM To: Jill Thomas Cc: Lindsey Mannan Subject: Agreements (Hardy & Harper, Insley & OC Striping Svcs) Attachments: 11-1004 OCSS Agreement.pdf; 11-1004 Hardy & Harper Agreement.pdf; 11-1004 Insley Agreement.pdf Hello, Attached are the fully executed agreements with Hardy & Harper, Insley Construction and Orange County Striping Services. Thank you! Christi Jakl Deputy City Clerk City of San Juan'Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949)443-6310 1 (949)493-1053 fax Today's Date: U Transmittal Routing (Check All That Apply) ❑ City Attorney City Manager (� CONTRACT TRANSMITTAL jo)q CIP No. (if any): �I -R D9 Project Manager's Last Name: V I V �Ll� Phone Extension: �3QZ Council or CRA Meeting Date (if applicable): 04/11 APPROVING AUTHORITY: (Check One) Mayor CRA Chair City Manager Provide (1) executed original contract for each signing party, including the City. If the agreement is to be recorded — only (1) original will be recorded with certified copies going to other parties. Please provide the mailing address of any party to receive an agreement — unless the mailing address is included within the body of the agreement: (Not necessary if information is included in the contract) OTHER INSTRUCTIONS: L I YVC20, �XL �,07"