23-0516_ORANGE COUNTY STRIPING SERVICE INC_Agenda Report_E6City of San Juan Capistrano
Agenda Report
TO: Honorable Mayor and Members of the City Council
FROM: Benjamin Siegel, City Manager
SUBMITTED BY: Thomas Toman, Public Works Director
PREPARED BY: Jill Thomas, Senior Management Analyst
DATE: May 16, 2023
SUBJECT: Maintenance Services Agreement for Pavement Marking
Maintenance Services (Orange County Striping Service, Inc.)
RECOMMENDATION:
Approve and authorize the City Manager to execute a Maintenance Services Agreement
with Orange County Striping Service, Inc., to provide pavement marking maintenance
services for a three-year period commencing July 1, 2023, and ending June 30, 2026,
with three one-year optional extensions, for an annual amount not-to-exceed the amount
of available funding in the annual Operations and Capital Improvement Budgets for this
service.
EXECUTIVE SUMMARY:
The City’s current agreement for pavement marking maintenance services with Orange
County Striping Service, Inc. (OCCS) expires on June 30, 2023. This service is required
to provide for traffic safety on City streets, public parking facilities, and bicycle and
pedestrian pathways. The services provided include work necessary to maintain, replace,
and install striping, street legends, and related curb and pavement markings. On
February 8, 2023, a Request for Proposals (RFP) was released and advertised on the
City’s website, and three contractors were proactively invited to submit proposals.
Consistent with the City’s procurement policy, all proposals were evaluated through a
5/16/2023
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City Council Agenda Report
May 16, 2023
Page 2 of 2
qualifications-based selection process. The evaluation criteria included operational
experience, overall qualifications, ability to perform the services, past experience with the
City, as well as unit pricing. Based on the evaluation of the proposals received, staff
recommends that the City Council approve a Maintenance Services Agreement (MSA)
with OCCS (Attachment 1).
The proposed agreement term is for three years commencing July 1, 2023, and ending
June 30, 2026, with an annual total amount not-to-exceed the available funding in the
Operations and Capital Improvement Budgets for these services. OCCS has provided
pavement marking and repair services for the City since 2011. OCCS has provided
consistent, quality service and has demonstrated an ability to execute projects in a timely
manner. The unit pricing submitted is consistent with current industry pricing. The three
proposals and corresponding sample project pricing are shown below:
Vendor Sample Project
Orange County Striping Services, Inc. $37,340
WGJ Enterprises Inc., dba PCI $35,680
Superior Pavement Marking Inc. $42,347
FISCAL IMPACT:
The City expends approximately $100,000 annually for pavement marking maintenance.
There is sufficient funding in the proposed Fiscal Year 2023-2024 Operating and Capital
Budgets to cover these operations.
ENVIRONMENTAL IMPACT:
Not applicable.
PRIOR CITY COUNCIL REVIEW:
Not applicable.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
This action does not require commission, committee, or board review.
NOTIFICATION:
Orange County Striping Service, Inc.
WGJ Enterprises Inc., dba PCI
Superior Pavement Marking Inc.
ATTACHMENT(S):
Attachment 1: Proposed Maintenance Services Agreement
61147.02100\12888815.4
Updated March 2019 MSA - 1
CITY OF SAN JUAN CAPISTRANO
MAINTENANCE SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 16th day of May 2023 by and between the
City of San Juan Capistrano, a public agency organized under the laws of the State of California
with its principal place of business at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675
(“City”) and Orange County Striping Service, Inc. a Corporation with its principal place of
business at 183 N. Pixley Street, Orange, CA 92868 (“Contractor”). City and Contractor are
sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain
maintenance services required by the City on the terms and conditions set forth in this Agreement.
Contractor represents that it is experienced in providing citywide striping, legends, miscellaneous
traffic control devices, and maintenance services to public clients, that it and its employees or
subcontractors have all necessary licenses and permits to perform the Services in the State of
California, and that is familiar with the plans of City. Contractor shall not subcontract any portion
of the work required by this Agreement, except as expressly stated herein, without prior written
approval of City. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement.
2.2 Project.
City desires to engage Contractor to render such services for the citywide striping, legends,
miscellaneous traffic control devices and maintenance services (“Project”) as set forth in this
Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional citywide striping, legends, miscellaneous
traffic control devices and maintenance services maintenance services necessary for the Project
(“Services”). The Services are more particularly described in Exhibit “A” attached hereto and
incorporated herein by reference. All Services shall be subject to, and performed in accordance
with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all
applicable local, state and federal laws, rules and regulations.
ATTACHMENT 1, PAGE 1 OF 33
3.1.2 Term. The term of this Agreement shall be from July 1, 2023 to June 30,
2026, unless earlier terminated as provided herein. Contractor shall complete the Services within
the term of this Agreement, and shall meet any other established schedules and deadlines. Upon
City determination of satisfactory Contractor performance, and by mutual written consent, the City
Manager is authorized to approve up to three (3) additional one-year term extensions. Each
approved one-year extension may separately incorporate a price increase equal to the All Urban
Consumer Price Index (CPI-U) for prior October to October.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will determine the
means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Contractor retains the right to perform similar or different services for others during the term of
this Agreement. Any additional personnel performing the Services under this Agreement on behalf
of Contractor shall also not be employees of City and shall at all times be under Contractor’s
exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due
such personnel in connection with their performance of Services under this Agreement and as
required by law. Contractor shall be responsible for all reports and obligations respecting such
additional personnel, including, but not limited to: social security taxes, income tax withholding,
unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously,
within the term of this Agreement, and in accordance with the Schedule of Services set forth in
Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has
the professional and technical personnel required to perform the Services in conformance with
such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall
respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall
provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Contractor shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates Director of Public
Works, or his or her designee, to act as its representative for the performance of this Agreement
(“City’s Representative”). City’s Representative shall have the power to act on behalf of the City
for all purposes under this Agreement. Contractor shall not accept direction or orders from any
person other than the City’s Representative or his or her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates Kim Patterson,
or his or her designee, to act as its representative for the performance of this Agreement
(“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent
and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s
Representative shall supervise and direct the Services, using his best skill and attention, and shall
be responsible for all means, methods, techniques, sequences and procedures and for the
satisfactory coordination of all portions of the Services under this Agreement.
MSA 2 ATTACHMENT 1, PAGE 2 OF 33
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff
in the performance of Services and shall be available to City’s staff, consultants and other staff at
all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Contractor represents and maintains that it is skilled in the professional calling
necessary to perform the Services. Contractor warrants that all employees and subcontractors shall
have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor
represents that it, its employees and subcontractors have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Services, including any
required business license, and that such licenses and approvals shall be maintained throughout the
term of this Agreement. As provided for in the indemnification provisions of this Agreement,
Contractor shall perform, at its own cost and expense and without reimbursement from the City,
any services necessary to correct errors or omissions which are caused by the Contractor’s failure
to comply with the standard of care provided for herein. Any employee of the Contractor or its
sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the
adequate or timely completion of the Project, a threat to the safety of persons or property, or any
employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be
promptly removed from the Project by the Contractor and shall not be re-employed to perform any
of the Services or to work on the Project.
3.2.8 Period of Performance and Liquidated Damages. Contractor shall perform
and complete all Services under this Agreement within the term set forth in Section 3.1.2 above
(“Performance Time”). Contractor shall perform the Services in strict accordance with any
completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or
which may be provided separately in writing to the Contractor. Contractor agrees that if the
Services are not completed within the aforementioned Performance Time and/or pursuant to any
such completion schedule or Project milestones developed pursuant to provisions of this
Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant
to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated
damages, and not as a penalty, the sum of Five Hundred Dollars $500.00 per day for each and
every calendar day of delay beyond the Performance Time or beyond any completion schedule or
Project milestones established pursuant to this Agreement.
3.2.9 Disputes. Should any dispute arise respecting the true value of any work
done, of any work omitted, or of any extra work which Contractor may be required to do, or
respecting the size of any payment to Contractor during the performance of this Agreement,
Contractor shall continue to perform the Work while said dispute is decided by the City. If
Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided
by law.
3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall
keep itself fully informed of and in compliance with all local, state and federal laws, rules and
regulations in any manner affecting the performance of the Project or the Services, including all
Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for
MSA 3 ATTACHMENT 1, PAGE 3 OF 33
all violations of such laws and regulations in connection with Services. If the Contractor performs
any work knowing it to be contrary to such laws, rules and regulations and without giving written
notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a
public entity of the State of California subject to certain provisions of the Health & Safety Code,
Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed
that all provisions of the law applicable to the public contracts of a municipality are a part of this
Agreement to the same extent as though set forth herein and will be complied with. These include
but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours' labor
shall constitute a legal day's work and that no worker shall be permitted to work in excess of eight
(8) hours during any one calendar day except as permitted by law. Contractor shall defend,
indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant
to the indemnification provisions of this Agreement, from any claim or liability arising out of any
failure or alleged failure to comply with such laws, rules or regulations.
3.2.10.1 Employment Eligibility; Contractor. By executing this
Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state
and federal law respecting the employment of undocumented aliens, including, but not limited to,
the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such
requirements and restrictions include, but are not limited to, examination and retention of
documentation confirming the identity and immigration status of each employee of the Contractor.
Contractor also verifies that it has not committed a violation of any such law within the five (5)
years immediately preceding the date of execution of this Agreement, and shall not violate any
such law at any time during the term of the Agreement. Contractor shall avoid any violation of
any such law during the term of this Agreement by participating in an electronic verification of
work authorization program operated by the United States Department of Homeland Security, by
participating in an equivalent federal work authorization program operated by the United States
Department of Homeland Security to verify information of newly hired employees, or by some
other legally acceptable method. Contractor shall maintain records of each such verification, and
shall make them available to the City or its representatives for inspection and copy at any time
during normal business hours. The City shall not be responsible for any costs or expenses related
to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its sub-
sections.
3.2.10.2 Employment Eligibility; Subcontractors, Sub-
subcontractors and Consultants. To the same extent and under the same conditions as Contractor,
Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing
any work relating to the Project or this Agreement to make the same verifications and comply with
all requirements and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Employment Eligibility; Failure to Comply. Each person
executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer
of Contractor, and understands that any of the following shall be grounds for the City to terminate
the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or
consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any
misrepresentation or material omission concerning compliance with such requirements (including
in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to
MSA 4 ATTACHMENT 1, PAGE 4 OF 33
immediately remove from the Project any person found not to be in compliance with such
requirements.
3.2.10.4 Labor Certification. By its signature hereunder, Contractor
certifies that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Workers’ Compensation or to undertake
self-insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.2.10.5 Equal Opportunity Employment. Contractor represents that
it is an equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities
related to initial employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination.
3.2.10.6 Air Quality. Contractor must fully comply with
all applicable laws, rules and regulations in furnishing or using equipment and/or providing
Services, including, but not limited to, emissions limits and permitting requirements imposed by
the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB
limits and requirements’ application to "portable equipment", which definition is considered by
CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify
City against any fines or penalties imposed by CARB or any other governmental or regulatory
agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors,
or others for whom Contractor is responsible under its indemnity obligations provided for in this
Agreement.
3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable,
Contractor’s Services must account for, and fully comply with, all local, state and federal laws,
rules and regulations that may impact water quality compliance, including, without limitation, all
applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the
California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws,
rules and regulations of the Environmental Protection Agency and the State Water Resources
Control Board; the City’s ordinances regulating discharges of storm water; and any and all
regulations, policies, or permits issued pursuant to any such authority regulating the discharge of
pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or
surface water in the state.
(B) Liability for Non-Compliance. Failure to comply with the
laws, regulations and policies described in this Section is a violation of law that may subject
Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall
defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free
and harmless, pursuant to the indemnification provisions of this Agreement, from and against any
and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s
non-compliance with the laws, regulations and policies described in this Section, unless such non-
MSA 5 ATTACHMENT 1, PAGE 5 OF 33
compliance is the result of the sole established negligence, willful misconduct or active negligence
of the City, its officials, officers, agents, employees or authorized volunteers.
(C) Training. In addition to any other standard of care
requirements set forth in this Agreement, Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to them
without impacting water quality in violation of the laws, regulations and policies described in this
Section. Contractor further warrants that it, its employees and subcontractors will receive adequate
training, as determined by City, regarding the requirements of the laws, regulations and policies
described in this Section as they may relate to the Services provided under this Agreement. Upon
request, City will provide Contractor with a list of training programs that meet the requirements
of this paragraph.
3.2.11 Insurance.
3.2.11.1 Time for Compliance. Contractor shall not commence Work
under this Agreement until it has provided evidence satisfactory to the City that it has secured all
insurance required under this Section. In addition, Contractor shall not allow any subcontractor to
commence work on any subcontract until it has provided evidence satisfactory to the City that the
subcontractor has secured all insurance required under this Section.
3.2.11.2 Minimum Requirements. Contractor shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of
the Agreement by the Contractor, its agents, representatives, employees or subcontractors.
Contractor shall also require all of its subcontractors to procure and maintain the same insurance
for the duration of the Agreement. Such insurance shall meet at least the following minimum levels
of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and
(3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as
required by the State of California and Employer’s Liability Insurance. The policy shall not
contain any exclusion contrary to the Agreement, including but not limited to endorsements or
provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24
26 or 21 29); or (2) cross liability for claims or suits by one insured against another.
(B) Minimum Limits of Insurance. Contractor shall maintain
limits no less than: (1) General Liability: $5,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or other form with general
aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate
limit shall apply separately to this Agreement/location or the general aggregate limit shall be
$6,000,000 for the required occurrence limit (2) Automobile Liability: $1,000,000 combined single
limit for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s
Liability: Workers’ Compensation limits as required by the Labor Code of the State of California.
MSA 6 ATTACHMENT 1, PAGE 6 OF 33
Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. Defense costs
shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage. At least
fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance
coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled
or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such
cancellation or reduction of coverage, file with the City evidence of insurance showing that the
required insurance has been reinstated or has been provided through another insurance company
or companies. In the event any policy of insurance required under this Agreement does not comply
with these specifications or is canceled and not replaced, the City has the right but not the duty to
obtain the insurance it deems necessary and any premium paid by the City will be promptly
reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from
Contractor payments. In the alternative, the City may suspend or terminate this Agreement.
(D) Additional Insured. The City of San Juan Capistrano, its
officials, officers, employees, agents, and volunteers shall be named as additional insureds on
Contractor’s and its subcontractors’ policies of commercial general liability and automobile
liability insurance using the endorsements and forms specified herein or exact equivalents.
3.2.11.3 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Contractor shall provide endorsements on forms supplied or
approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include
or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements
providing the exact same coverage, the City of San Juan Capistrano, its officials, officers,
employees, agents, and volunteers shall be covered as additional insured with respect to the
Services or ongoing and complete operations performed by or on behalf of the Contractor,
including materials, parts or equipment furnished in connection with such work; and (2) using ISO
form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be
primary insurance as respects the City, its officials, officers, employees, agents, and volunteers, or
if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled
underlying coverage. Any excess insurance shall contain a provision that such coverage shall also
apply on a primary and noncontributory basis for the benefit of the City, before the City’s own
primary insurance or self-insurance shall be called upon to protect it as a named insured. Any
insurance or self-insurance maintained by the City, its officials, officers, employees, agents, and
volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute
with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any
available insurance proceeds in excess of the specified minimum limits of coverage shall be
available to the parties required to be named as additional insureds pursuant to this Section
3.2.11.3(A).
(B) Automobile Liability. The automobile liability policy shall
include or be endorsed (amended) to state that: (1) the City, its officials, officers, employees,
agents, and volunteers shall be covered as additional insureds with respect to the ownership,
operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed
MSA 7 ATTACHMENT 1, PAGE 7 OF 33
by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall
be primary insurance as respects the City, its officials, officers, employees, agents, and volunteers,
or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled
underlying coverage. Any insurance or self-insurance maintained by the City, its officials,
officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall
not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth
in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits
of coverage shall be available to the parties required to be named as additional insureds pursuant
to this Section 3.2.11.3(B).
(C) Workers’ Compensation and Employer’s Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officials,
officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy
which arise from work performed by the Contractor.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced
or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice
by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply
with reporting or other provisions of the policies, including breaches of warranties, shall not affect
coverage provided to the City, its officials, officers, employees, agents, and volunteers. Any
failure to comply with reporting or other provisions of the policies including breaches of warranties
shall not affect coverage provided to the City, its officials, officers, employees, agents and
volunteers, or any other additional insureds.
3.2.11.4 Separation of Insureds; No Special Limitations; Waiver of
Subrogation. All insurance required by this Section shall contain standard separation of insureds
provisions. In addition, such insurance shall not contain any special limitations on the scope of
protection afforded to the City, its officials, officers, employees, agents, and volunteers. All
policies shall waive any right of subrogation of the insurer against the City, its officials, officers,
employees, agents, and volunteers, or any other additional insureds, or shall specifically allow
Contractor or others providing insurance evidence in compliance with these specifications to waive
their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against
City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and
shall require similar written express waivers and insurance clauses from each of its subcontractors.
3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles
or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee
that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the City, its officials, officers, employees, agents, and
volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related
investigation costs, claims and administrative and defense expenses.
3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not
allow any subcontractors to commence work on any subcontract relating to the work under the
Agreement until they have provided evidence satisfactory to the City that they have secured all
insurance required under this Section. If requested by Contractor, the City may approve different
MSA 8 ATTACHMENT 1, PAGE 8 OF 33
scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City
shall be named as additional insureds on all subcontractors’ policies of Commercial General
Liability using ISO form 20 38, or coverage at least as broad.
3.2.11.7 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California,
and satisfactory to the City.
3.2.11.8 Verification of Coverage. Contractor shall furnish City with
original certificates of insurance and endorsements effecting coverage required by this Agreement
on forms satisfactory to the City. The certificates and endorsements for each insurance policy
shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be
on forms provided by the City if requested. All certificates and endorsements must be received
and approved by the City before work commences. The City reserves the right to require complete,
certified copies of all required insurance policies, at any time.
3.2.11.9 Reporting of Claims. Contractor shall report to the City, in addition
to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with
the Services under this Agreement.
3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury
or damage to any person or property. In carrying out its Services, the Contractor shall at all times
be in compliance with all applicable local, state and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to the nature of the work
and the conditions under which the work is to be performed. Safety precautions as applicable shall
include, but shall not be limited to: (A) adequate life protection and life saving equipment and
procedures; (B) instructions in accident prevention for all employees and subcontractors, such as
safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the
proper inspection and maintenance of all safety measures.
3.2.13 Bonds.
3.2.13.1 Performance Bond. Not applicable for this agreement.
3.2.13.2 Payment Bond. Not applicable for this agreement.
3.2.13.3 Bond Provisions. Not applicable for this agreement.
3.2.13.4 Surety Qualifications. Not applicable for this agreement.
3.2.14 Accounting Records. Contractor shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records
shall be clearly identifiable. Contractor shall allow a representative of City during normal business
hours to examine, audit, and make transcripts or copies of such records and any other documents
created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents,
MSA 9 ATTACHMENT 1, PAGE 9 OF 33
proceedings, and activities related to the Agreement for a period of three (3) years from the date
of final payment under this Agreement.
The 3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in
Exhibit ”C” attached hereto and incorporated herein by reference. The total compensation shall
not exceed the UNIT PRICES NOTED IN EXHIBIT “C” AND EXPENDITURES SHALL NOT
EXCEED THE AGGREGATE FUNDING AMOUNT AVAILABLE IN THE OPERATING
AND CAPITAL IMPROVEMENT BUDGET AND WITHOUT WRITTEN APPROVAL FROM
THE DIRECTOR OF PUBLIC WORKS. Extra Work may be authorized, as described below, and
if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by Contractor.
The statement shall describe the amount of Services and supplies provided since the initial
commencement date, or since the start of the subsequent billing periods, as appropriate, through
the date of the statement. City shall, within 45 days of receiving such statement, review the
statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which
is determined by City to be necessary for the proper completion of the Project, but which the parties
did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor
shall not perform, nor be compensated for, Extra Work without written authorization from City’s
Representative.
3.3.5 California Labor Code Requirements
a. Contractor is aware of the requirements of California Labor Code
Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the
performance of other requirements on certain “public works” and “maintenance” projects
(“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public
works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage
Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and
agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any
failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon
the Contractor and all subcontractors to comply with all California Labor Code provisions, which
include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775),
employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code
Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment
of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit
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certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4
shall not apply to work performed on a public works project that is exempt pursuant to the small
project exemption specified in Labor Code Section 1771.4.
b. If the Services are being performed as part of an applicable “public
works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the
Contractor and all subcontractors performing such Services must be registered with the
Department of Industrial Relations. Contractor shall maintain registration for the duration of the
Project and require the same of any subcontractors, as applicable. Notwithstanding the foregoing,
the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall
not apply to work performed on a public works project that is exempt pursuant to the small project
exemption specified in Labor Code Sections 1725.5 and 1771.1.
c. This Agreement may also be subject to compliance monitoring and
enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility
to comply with all applicable registration and labor compliance requirements. Any stop orders
issued by the Department of Industrial Relations against Contractor or any subcontractor that affect
Contractor’s performance of Services, including any delay, shall be Contractor’s sole
responsibility. Any delay arising out of or resulting from such stop orders shall be considered
Contractor caused delay and shall not be compensable by the City. Contractor shall defend,
indemnify and hold the City, its officials, officers, employees and agents free and harmless from
any claim or liability arising out of stop orders issued by the Department of Industrial Relations
against Contractor or any subcontractor.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Contractor,
terminate the whole or any part of this Agreement at any time and without cause by giving written
notice to Contractor of such termination, and specifying the effective date thereof, at least seven
(7) days before the effective date of such termination. Upon termination, Contractor shall be
compensated only for those Services which have been adequately rendered to City, and Contractor
shall be entitled to no further compensation. Contractor may not terminate this Agreement except
for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein,
City may require Contractor to provide all finished or unfinished Documents and Data and other
information of any kind prepared by Contractor in connection with the performance of Services
under this Agreement. Contractor shall be required to provide such document and other
information within fifteen (15) days of the request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole or
in part as provided herein, City may procure, upon such terms and in such manner as it may
determine appropriate, services similar to those terminated.
3.5 General Provisions.
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3.5.1 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
Contractor:
ORANGE COUNTY STRIPING SERVICES, INC.
183 N. Pixley Street
Orange, CA 92868-2207
Kim Patterson, President
City:
CITY OF SAN JUAN CAPISTRANO
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Director of Public Works
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual
notice occurred, regardless of the method of service.
3.5.2 Indemnification.
3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers
and agents free and harmless from any and all claims, demands, causes of action, costs, expenses,
liability, loss, damage or injury of any kind, in law or equity, to property or persons, including
wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors
or omissions of Contractor, its officials, officers, employees, subcontractors, consultants or agents
in connection with the performance of the Contractor’s Services, the Project or this Agreement,
including without limitation the payment of all consequential damages, expert witness fees and
attorneys’ fees and other related costs and expenses.
3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with
Counsel of City's choosing and at Contractor’s own cost, expense and risk, any and all claims,
suits, actions or other proceedings of every kind covered by Section 3.5.2.1 that may be brought
or instituted against City or its officials, officers, employees, volunteers and agents. Contractor
shall pay and satisfy any judgment, award or decree that may be rendered against City or its
officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other
proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its
officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other
proceeding. Such reimbursement shall include payment for City’s attorneys’ fees and costs,
including expert witness fees. Contractor shall reimburse City and its officials, officers,
employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of
them in connection therewith or in enforcing the indemnity herein provided. Contractor’s
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obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be
restricted to insurance proceeds, if any, received by the City, its officials officers, employees,
agents, or volunteers.
3.5.3 Governing Law; Government Code Claim Compliance. This Agreement
shall be governed by the laws of the State of California. Venue shall be in Orange County,
California. In addition to any and all contract requirements pertaining to notices of and requests
for compensation or payment for extra work, disputed work, claims and/or changed conditions,
Contractor must comply with the claim procedures set forth in Government Code sections 900 et
seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent
lawsuit based upon the Government Code claims shall be limited to those matters that remain
unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed
conditions have been followed by Contractor. If no such Government Code claim is submitted, or
if any prerequisite contractual requirements are not otherwise satisfied as specified herein,
Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
3.5.4 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ
other contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the successors
and assigns of the Parties.
3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,
hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer.
3.5.8 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
referencing time, days or period for performance shall be deemed calendar days and not work days.
All references to Contractor include all personnel, employees, agents, and subcontractors of
Contractor, except as otherwise specified in this Agreement. All references to City include its
officials, officers, employees, agents, and volunteers except as otherwise specified in this
Agreement. The captions of the various articles and paragraphs are for convenience and ease of
reference only, and do not define, limit, augment, or describe the scope, content or intent of this
Agreement.
3.5.9 Amendment; Modification. No supplement, modification or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
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privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel or otherwise.
3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for
in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed
by the Parties.
3.5.12 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. Contractor further
agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic
Interest with the City’s Filing Officer as required under state law in the performance of the
Services. For breach or violation of this warranty, City shall have the right to rescind this
Agreement without liability. For the term of this Agreement, no official, officer or employee of
City, during the term of his or her service with City, shall have any direct interest in this
Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.5.15 Attorneys’ Fees and Costs. If any action in law or equity, including an
action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement,
the prevailing Party shall be entitled to recover from the losing party attorney’s fees and costs in
an amount determined to be reasonable by a court of competent jurisdiction.
3.5.16 City to Enter Agreement. Contractor has all requisite power and authority
to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants
that the individuals who have signed this Agreement have the legal power, right, and authority to
make this Agreement and bind each respective Party.
3.5.17 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.5.18 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by both
parties.
3.5.19 Federal Provisions. Not applicable for this agreement.
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EXHIBIT “A”
SCOPE OF SERVICES
General:
a) Work will ordinarily be performed between the hours of 7:00 AM and 5:00 PM,
Monday through Friday (except where noted). During emergencies, work may be
required at other than normal hours. The Contractor must receive the approval of the
Director of Public Works (herein after Director) or authorized representative, prior to
commencing any work and in all cases.
b) Contractor shall maintain an adequate crew of employees to perform the service
required.
c) Contractor will be required to supply a list of equipment owned and available for work.
d) Unit prices quoted shall include all required safety equipment. Traffic control may be
required on some sites, and shall be included in quoted prices.
e) Unit prices for after-hours or emergency work shall be for actual time spent on the job
site. No travel time will be paid.
f) 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.
g) All employees of Contractor shall wear a uniform or shirt that clearly identifies the
company.
h) Contractor must be able to provide a list of employee’s names, dates worked and hours
worked on each date, for each project or job, if requested by the City.
i) Contractor agrees to require his/her employees to present a neat appearance at all times
while engaged in the performance of their duties and maintain good bearing and
deportment towards the public. Should, for any reason, an employee be unsatisfactory
in the opinion of the Director or authorized representative, the Contractor, when
notified in writing, shall cause that employee to be removed from the project or job and
replaced by an employee satisfactory to the Director or authorized representative.
j) Contractor shall require each employee to adhere to basic standards of working attire.
Each employee shall wear a uniform shirt with the Contractor's company name or
insignia clearly visible, proper shoes and other gear required by state safety regulations.
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k) Contractor shall provide, for all projects, a supervisors/foremen with a minimum of
five (5) years of experience related to striping and traffic control within a public right-
of-way. The supervisor/foreman shall remain on-site during the entire project or job.
l) Contractor and all employees shall possess a valid/current California Driver License,
including all insurances, as required by the City.
m) Contractor shall use and furnish all vehicles and equipment necessary for the
satisfactory performance of the work set forth in this RFP. All vehicles and equipment
shall display the name and/or logo of Contractor’s company. The name and logo shall
be large enough to be easily legible from a distance of fifty (50) feet, during the course
of their work.
n) Contractor shall keep all vehicles and equipment in a neat and clean appearance and
maintained in excellent mechanical condition.
o) 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 Director or authorized representative.
p) 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 Director or authorized representative. Contractor shall furnish
all material, including, but not limited to, equipment, etc., necessary for the
performance of the work set forth in this contract.
q) Contractor shall provide such adequate supervision as to furnish ongoing supervision
of workmanship and adherence to schedules by the employees performing the work
under contract. As may be necessary or required by City, the field supervisor or their
representative shall check with the Director or authorized representative as to (1)
schedule of work; (2) complaints, and (3) adequacy of performance. Contractor shall
submit such reports as the City may require, ensuring compliance with scheduled work.
r) 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 or job related complaint which threatens
to cause damage to any City property or compromise the public’s safety.
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s) Contractor is 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 normal contract
except when delayed by problems caused by vehicle accidents or Acts of God.
t) Contractor shall 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.
Special:
1) Work to be done
a) Work shall be completed by the Contractor on an as needed basis, as requested by the City.
Work could be one project or several different projects combined together, each with
varying work elements. Except for emergency work, all other work must begin no later
than three (2) weeks from the date of request by the City. Emergency work (as determined
by the Director) must begin within 24-48 hours from the date of request by the Director,
unless otherwise agreed upon between the Contractor and the Director or authorized
representative.
b) Contractor shall furnish 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 maintenance services in those areas
designated by the 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.
c) 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 Director
or authorized representative in charge of overseeing the work. If the Director determines
the Contractor has not satisfactorily marked any facilities, the City shall withhold payment
for such markings until such facilities are properly marked.
d) Work will not be performed without prior approval and only as authorized by the Director
or authorized representative.
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e) 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 Director or authorized representative.
f) The Director/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 Director. The 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 the Director or authorized
representative, Contractor shall proceed with the work as increased, decreased or altered.
2) Work requirements
a) Unless first approved otherwise by the Director or authorized representative, all materials,
alignments, products, removals and installation requirements related to pavement
markings, legends, striping, signage, temporary or permanent traffic control, etc. shall be
pursuant to and related to the applicable latest standard for the Work. Approved
standards shall be:
i) Latest California Manual of Uniform Traffic Control Devices (CMUTCD)
ii) Latest State of California Department of Transportation Highway Division (Caltrans)
Maintenance Manual, chapters as may be applicable to these Work requirements.
iii) Latest Standard Specifications for Public Works Construction (Green Book)
b) Work shall include, but not limited to, the following types of activities. Work shall also
include, but not limited to, necessary mechanical vacuum or broom sweeping and/or pre-
treatment surface preparation(s) and layout/implementation of temporary safety/traffic
control devices.
i) Removal of old striping and legends
ii) Painting of new or re-painting of existing striping and legends
iii) Painting of new or re-painting of existing red or yellow curbs
iv) Removal of raised pavement markers and installation of new markers
v) Removal of thermoplastic, tape or raised bars for pavement markings and installation
of new
vi) Removal or relocation of existing signage
vii) Installation of new signage (NOTE: City to supply telesp`ar and sign)
MSA 20 ATTACHMENT 1, PAGE 20 OF 33
viii) The Contractor shall be responsible for all necessary precautions to prevent public
trespass into the work area, during and following construction and until such time as
the work area is complete and ready for public use.
ix) Rubbish and construction debris shall be disposed of at an approved disposal site. After
removal of debris, the work area(s) shall be left in a neat and presentable condition and
to the satisfaction of the Director or authorized representative.
x) 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 Contractor’s work-
related operations.
c) The Contractor may, at times identified by the Director, install/remove/modify signage in
conjunction with the appropriate pavement markings. A work order specifying sign type
and material(s) will be provided by the Director. All costs associated with sign work shall
be in accordance with this Scope and Agreement, including prevailing wage requirements.
d) Contractor shall comply with all City regulations regarding NPDES (National Pollution
Discharge Elimination System) Requirements and the City’s Best Management Practices.
Contractor shall not discharge anything to the storm drain, creek or adjacent water ways.
Contractor will contain and capture any materials that may potentially reach a storm drain,
creek or adjacent water way. Contractor shall implement any and all Best Management
Practices (BMP’s) as may be necessary.
e) 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).
f) 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 @ 811 or 800-227-2600.
3) Acceptance of Work
The Director or authorized representative will make inspections and determine that the
work has been completed in all respects in accordance with these specifications.
4) Billing, Records and Reports
a) Contractor shall maintain a record of all work performed, including but not
limited to location and types and amounts maintained/installed/removed.
MSA 21 ATTACHMENT 1, PAGE 21 OF 33
This record shall list the date(s) of the service and/or work performed. A
copy of such record shall be provided to the Director 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 Director or authorized
representative.
b) Upon submittal of an invoice for work completed by the Contractor, the
Director/City shall pay net 45 days, unless otherwise agreed upon by the
Director/City and the Contractor.
MSA 22 ATTACHMENT 1, PAGE 22 OF 33
EXHIBIT “B”
SCHEDULE OF SERVICES
Maintenance and service date(s): As scheduled per this agreement/Exhibits, and as
directed by City. School zone markings will need
to be refreshed/repainted during summer break/no
school timeframes.
Repair or maintenance date(s): See above.
NOTE: Dates may be flexible, pending weather related conditions and
Contractor/City operational needs.
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EXHIBIT “C”
COMPENSATION
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