HomeMy WebLinkAbout06 - On-Call Street Striping & Sign InstallationCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 6
November 13, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: General Services Department
Mark Harmon, Director, 949 - 644 -3055
mharmon @city.newport- beach.ca.us
SUBJECT. Agreement with Orange County Striping Services Inc. for On-
Call Street Striping and Sign Installation
ISSUES:
Should the City execute a Professional Services Agreement with Orange County
Striping Services Inc of Orange for street striping, pavement and curb marking, and
sign installation services on an on -call basis?
RECOMMENDATION:
Approve the agreement with Orange County Striping Services Inc for street striping,
pavement and curb marking, and sign installation services on an on -call basis.
DISCUSSION:
In September of 2004, the Department solicited bids for street striping and pavement
marking services, which was awarded to Orange County Striping Services under a
standard City maintenance agreement. At that time, it was anticipated that the
contractor would be utilized solely to supplement City crews for striping on major
streets where our staffing level, undersized striping truck, and the need for
occasional night work made it difficult to perform the work required in a safe and
economical manner.
On June 13, 2006, the City Council awarded an on -call agreement to Orange County
Striping Services for street striping, pavement and curb marking, and sign installation
services. The agreement had one -year term with no provision for an extension.
Orange County Striping performed in an excellent manner over the term of the
agreement.
Agreement with Orange County Striping Services Inc
for On -Call Street Striping and Sign Installation
November 13, 2007
Page 2
With the need to enter into another on -call agreement for striping and marking
services, staff sought price quotations from Orange County Striping and two other
large striping companies. A recap of the bid prices is attached, and the lowest bid
was furnished by Orange County Striping.
Consequently, an agreement is submitted for Council approval for Orange County
Striping. The term of the agreement is for two years, however, Orange County
Striping advised us of a 5% price increase effective July 1, 2008. Even with this
increase built into the pricing, their cost is substantially lower than other two
companies. The City spends $120,000 per year in contracted striping and curb
painting services.
FUNDING:
There are adequate funds in Field Maintenance Division budget to fund these
services this fiscal year, and funds for these services will continue to be budgeted in
subsequent fiscal years.
ENVIRONMENTAL REVIEW:
This action requires no environmental review, as it is not a project pursuant to
CEQA.
Prepared by:
'Mike Pisani
Deputy General Services Director
Submitted
Mark Harmon
General Services Director
Attachment: (1) Summary of Street Striping Price Quotations
(2) Professional Services Agreement with Orange County Striping
Services Inc for On -Call Striping and Sign Installation
Bidders:
Descrindo
Repaint Striping (One Coat) Lineal Ft.
Double Yellow
Broken Double Yellow
4" Skip Yellow
4" Solid Yellow
4" Skip White
4" Solid White
6" Bike Lane
8" Solid White
Striping Minimum
...........
............................................
..........................
Single Line Stall
Double Line Stall
Handicap Symbol
12" Letters
........................
............... .......... ...................
Repaint Markings (One Coat)
12" Solid White
Turn Arrows
8' Letters
Non-Reflective Pavement Markers
Pavement Markers Minimum
........................................... ...
.................................. .......... -
............................ ....... I .........
................................ ...........
Sign Installed on Existing Posts
Sign Installed on New 2" Unistrut & Base
Core Drilling Sidewalk for Sign Post
Sign & Post Installation Minimum
Summary of Street Striping Bids
Oc Striving
Sudhaker
Stemdahl
........... ..........
.............
..................
.......................
...... ...........................
.......................
............
$0.12
$0.34
$0.80
$0.15
$0.65
$0.75
$0.50
$0.50
$1.00
$0.10
$0.32
$0.75
$0.20
$0.65
$0.75
$0.50
$0.50
$1.00
$0.03
$0.15
$0.35
$0.07
$0.35
$0.45
$0.20
$0.20
$0.30
$0.04
$0.17
$0.40
_$0.09
$0.40
$0.50
$0.25
$0.25
$0.40
$0.03
1 $0.15
$0.35
1$0.07
$0.35
$0.45
$0.20
$0.20
$0.30
$0.04
$0.17
$0.40
$0.09
$0.40
$0.50
$0.251
$0.25
$0.40
$0.07
$0.25
$0.60
$0.12
$0.55
$0.65
$0.40
$0.40
$0.80
$0.10
$0.32
$0.80
$0.19
$0.70
$0.85
$0.40
$0.40
$1.001
$750
$1,050
$1,050
$850
1 $1,5001
$1,500
$2,500
$3,500
$3,5001
$8.50
1$7.00
$20.00
$12.00
$20.00
$10.00
1$10.60,
$30.00
$15.00
$25.00
$135.L 00
1$65.00
$300.00
$50:00
$2.00
1$3.00
$30.00
$12.00
$25.00
............
$0.60
$1.50
$1.60
$0.85
$2.00
$2.50
$2.50
$6.50
$26.00
$50.00
$30.00
$65.00
$75.00
$125.00
$6.00
$16.00
$30.00
$10.00
$25.00
$25.00
$40.00
$650
$1,050
$1,050
$2,200
$3,000
777777= ..........................
.... I .......... I ..............
....................... ...............
.... ... I . . I .............. I .....
.................
.........
;;.;o
1
1$0.85
1
1
$1.501
$550.001
1$650.001
1
$2,2001
..........
I ..............
I .......
. ......................
$4.00
$3.25
$5.00
$1.60
$1.50
$2.00
$650
$800
...
............ ...
.......
........
....... ...............
$46,00
$50.00
$75.00
$112.00
$175.00
$125.00
$133.00
1
1$115.00
$200.00
$550
1$650
$2,200
PROFESSIONAL SERVICES AGREEMENT WITH
ORANGE COUNTY STRIPING SERVICES, INC.
FOR ON -CALL
STREET RESTRIPING AND SIGN INSTALLATION SERVICES
THIS AGREEMENT is made and entered into as of this day of November,
2007, by and between the CITY OF NEWPORT BEACH, a municipal corporation and
Charter City ( "City"), and ORANGE COUNTY STRIPING SERVICES, INC., a California
corporation, located at 183 N. Pixley Street, Orange, CA 92868 -4550 ( "Contractor "),
and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. The City has a need for on -call street restriping and sign installation services.
C. City desires to engage Contractor to perform on -call striping and sign installation
services in various locations. throughout the City on an as- needed basis
( "Project").
D. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal contact for Contractor for purposes of Project shall be Douglas
Patterson.
F. City has solicited and received a proposal from Contractor, has reviewed the
previous experience and evaluated the expertise of Contractor, and desires to
retain Contractor to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned Parties as
follows:
TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 31st day of October, 2009, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Contractor shall provide "On -Call" striping and sign installation services as
described in the Scope of Services attached as Exhibit "A."
Upon verbal or written FE from the Project Administrator,l ; o`ntractor shall
provide a bid proposal for services requested by the City (hereinafter referred to
as the °Letter Proposal "). The Letter Proposal shall include the following:
(a) A detailed description of the services to be provided;
(b) The position of each person to be assigned to perform the services,
and the name of the individuals to be assigned, if available;
(c) The estimated number of hours and cost to complete the services;
(d) The time needed to finish the project.
No services shall be provided until the Project Administrator has provided written
acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall
diligently perform the duties in the approved Proposal.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Contractor to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Contractor shall not be responsible for delays due
to causes beyond Contractor's reasonable control. However, in the case of any
such delay, in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The
Project Administrator shall review all such requests and may grant
reasonable time extensions for unforeseeable delays that are beyond
Contractor's control.
3.2 For all time periods not specifically set forth herein, Contractor shall
respond in the most expedient and appropriate manner under the
circumstances, by telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONTRACTOR
City shall pay Contractor for the services on a time and materials not -to- exceed
basis, in accordance with the provisions of this Section and the Schedule of Billing
Rates included in the Scope of Work. As of July 1, 2008, City agrees to increase
Contractor's compensation by an additional five percent (5 %) as outlined in Exhibit
A. No other rate changes shall be made during the term of this Agreement without
the prior written approval of the City.
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Consultants compensation4or services performed accordance with:Qiis Agreement
shall not exceed the fees.identified in the Letter Proposal, as approved by the
Project Administrator. Any Letter Proposal that sets forth fees in excess of Thirty
Thousand Dollars ($30,000.00) shall require a separate Professional Services
Agreement approved as per Council Policy F -14.
4.1 Contractor shall submit monthly invoices to the City describing the work
performed the preceding month. Contractor's bills shall include the name
of the person and /or classification of employee who performed the work, a
brief description of the services performed and/or the specific task in the
Letter Proposal to which it relates, the date the services were performed,
the number of hours spent on all work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Contractor
no later than thirty days after approval of the monthly invoice by City.
4.2 City shall reimburse Contractor only for those costs or expenses
specifically approved in the Proposal. Unless otherwise approved, such
costs shall be limited and include nothing more than the following costs
incurred by Contractor.
A. Actual costs specifically authorized in advance in writing and
incurred by Contractor in the performance of this Agreement.
4.3 Contractor shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means
any worts that is determined by City to be necessary for the proper
completion of the Project, but which is not included within the Proposal
and which the parties did not reasonably anticipate would be necessary.
Compensation for any authorized Extra Work shall be paid in accordance
with the Schedule of Billing Rates set forth in Exhibit A.
5. PROJECT MANAGER
Contractor shall designate a. Project Manager, who shall coordinate all phases of
the work to be performed pursuant to this Agreement. This Project Manager shall
be available to City at all reasonable times during the Agreement term. Contractor
has designated Kevin Ebnit to be its Project Manager.
Contractor shall not remove or reassign the Project Manager or assign any new or
replacement personnel to the Project without the prior written consent of City.
City's approval shall not be unreasonably withheld with respect to the removal or
assignment of non -key personnel.
Contractor, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Contractor warrants that It will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
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?" 6. ADMINISTRATION `
This Agreement will be administered by the General Services Department. Mark
Harmon shall be the Project Administrator and shall have the authority to act for
City under this -Agreement. The Project Administrator or his/her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. STANDARD OF CARE
7.1 All of the services shall be performed by Contractor or under Contractor's
supervision.. Contractor represents that it possesses the personnel
required to. perform the services required by this Agreement. All services
shall be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City.
7.2 At its sole cost, the Contractor shall provide all necessary equipment, tools,
and labor, etc., as may be necessary to perform the work outlined in the
Proposal. All equipment used by the Contractor must be of commercial
quality and in good and safe working condition at all times.
7.3 All. materials used by Contractor in performing services under this
Agreement must be of good quality and fit for the particular purpose for
which they will be used.
7.4 Contractor shall obtain at its sole cost and expense such licenses, permits
and approvals as may be required by law for the performance of the
services required by this Agreement. Contractor shall maintain a City of
Newport Beach business license during the term of this Agreement.
8. SECURITY
The City shall not be responsible for losses of Contractor's supplies, tools, or
equipment. As such, Contractor acknowledges its responsibility for providing
proper identification and security for such items at its own expense.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1. City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials
or other things used or employed in performing the Project or for injury to
or death of any person as a result of Contractor's performance of the
services required hereunder; or for damage to property from any cause
arising from the performance of the Project by Contractor, or its
subconcontractors, or its workers, or anyone employed by either of them.
9.2 Contractor shall be responsible for any liability imposed by law and for
Injuries to or death of any person or damage to property resulting from
defects, obstructions or from any cause arising from Contractor's work on
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the Project, or the work of any subcontractor or supplier selfkted by the
Contractor.
9.3 Contractor shall indemnify, hold harmless, and defend City, its officers and
employees from and against: (1) any and all loss, damages, liability,
claims, allegations of liability, suits, costs and expenses for damages of
any nature whatsoever, including, but not limited to, bodily injury, death,
personal injury, property damage, or any other claims arising from any and
all acts or omissions of Contractor, its employees, agents or
subcontractors in the performance of services or work conducted or
performed pursuant to this Contract; (2) use of improper materials in
performing this Project; including, without limitation, defects in
workmanship or materials and /or design defects or (3) any and all claims
asserted by Contractor's subconcontractors or suppliers on the Project,
and shall include reasonable attomeys' fees and all other costs incurred in
defending any such claim. However, nothing herein shall require
Contractor to indemnify City from the sole negligence or willful misconduct
of City, ifs officers or employees.
9.4 Contractor shall perform all Project work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their
original condition and former usefulness as soon as possible, and to protect
public and private property. Contractor shall be liable for any private or
public property damaged during the performance of the Project work.
9.5 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Contract as shall be considered necessary by City
may be retained by it until disposition has been made of such suits or claims
for damages as aforesaid.
9.6 Nothing in this section shall be construed as authorizing any award of
attorney's fees in any action to enforce the terms of this Contract, except to
the extent provided in Section 10.3 above.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Contract.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis and
Contractor is not an agent or employee of City. The manner and means of
conducting the work are under the control of Contractor, except to the extent they
are limited by statute, rule or regulation and the expressed terms of this Agreement.
Nothing in this Agreement shall be deemed to constitute approval for Contractor or
any of Contractor's employees or agents, to be the agents or employees of City.
Contractor shall have the responsibility for and control over the means of
performing the work, provided that Contractor is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to.
5
direct Contractor as to the details of the performance or to exercise a measure of
control over Contractor shall mean only that Contractor shall follow the desires of
City with respect to the results of the services.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the
work to be performed. City agrees to cooperate with the Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator and /or his/her
duly authorized designee informed on a regular basis regarding the status and
progress of the work, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of work, Contractor shall obtain, provide and maintain at its own expense during
the tern of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certlfrcates of Insurance. Contractor shall provide certificates of insurance
with original endorsements to City as evidence of the insurance coverage
required herein. Insurance certificates must be approved by City's Risk
Manager prior to commencement of performance or issuance of any
permit. Current certification of insurance shall be kept on file with City at
all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
i
D. Coverage Requirements., ¢_
1. Workers' Compensation Coverage. Contractor shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Contractor shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) days prior to such change. The insurer shall agree to
waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Contractor for City.
2. General Liabilitv Coverage. Contractor shall maintain commercial
general liability insurance in an amount not less than Two Million
Dollars ($2,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance 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.
3. Automobile Liability . Coverage. Contractor shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Contractor arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than One Million Dollars ($1,000,000) combined single limit for
each occurrence.
D. ,Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insured
parties with respect to liability arising out of work performed by or
on behalf of the Contractor.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Contractor's operations or services
provided to City. Any insurance maintained by City, including. any
self- insured retention City may have, shall be considered excess
7
insurance only and' not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
A. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either party
except after thirty (30) days written notice has been received by
City.
A. Trmety !Notice of Claims. Contractor shall give City prompt and timely notice
of claim made or suit instituted arising out of or resulting from Contractor's
performance under this Agreement.
B. Additional Insurance. Contractor shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Contractor, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Contractor is a partnership or joint- venture or syndicate or cotenancy,
which shall..result in changing the control of Contractor. Control means frtty
percent (50 %) or more of the voting power, or twenty-five percent (25 %) or more
of the assets of the corporation, partnership or joint-venture.
16. SUBCONTRACTING
The parties recognize that a substantial Inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Contractor. Assignments of any or all rights, duties or obligations of the
Contractor under this Agreement will be permitted only with the express written
Ell
'* consent of City. Contractor shaW- not subcontract any portion of the work to be
performed under this Agreement without the written authorization of City.
17. RECORDS
Contractor shall keep records and invoices in connection with the work to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Contractor to this Agreement. All such records shall be clearly identifiable.
Contractor shall allow a representative of City to examine, audit and make
transcripts or copies of such records during regular business hours. Contractor
shall allow inspection of all work, data, documents, proceedings and activities
related to the Agreement for a period of three (3) years from the date of final
payment under this Agreement
18. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor
shall not discontinue work as a result of such withholding. Contractor shall have
an immediate right to appeal to the City Manager or his designee with respect to
such disputed sums. Contractor shall be entitled to receive interest on any
withheld sums at the rate of return that City eamed on its investments during the
time period, from the date of withholding of any amounts found to have been
improperly withheld.
19. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Contractor which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Contractor, the additional design, construction and /or
restoration expense shall be bome by Contractor. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
20. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other Contractors in connection with the Project.
21. CONFLICTS OF INTEREST
The Contractor or its employees may be. subject to the provisions of the
Califomia Political Reform Act of.1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
i
* persons from making, or participating; in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Contractor shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for termination of
this Agreement by City. Contractor shall indemnify and hold harmless. City for
any and all claims for damages resulting from Contractor's violation of this
Section.
22. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
In the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Contractor to City shall be addressed to City at:
Marie Harmon
General Services Department
City of Newport Beach
P.O. Box 1768
Newport Beach, CA, 92658 -8915
Phone: 949 - 718 -3055
Fax: 949 -650 -0747
All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Kevin Ebnit
Vice President, Operations
Orange County Striping Service, Inc.
183 N. Pixley Street
Orange, California 92868
Phone /Fax: (714) 437 -1291
23. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of this
Agreement at the time.and in the manner required, that party shall be deemed in
default in. the performance of this Agreement. If such default is not cured within a
period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give
adequate assurance of due performance within two (2) calendar days after receipt
of written notice of default, specifying the nature of such default and the steps
necessary to cure such default, the non - defaulting. party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provision, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
10
*' :seven (7) calendar days' prior written notice to Contractor. In the evdht of
termination under this Section, City shall pay Contractor for services satisfactorily
performed and costs incurred up to the effective date of termination for which
Contractor has not been previously paid. On the effective date of termination,
Contractor shall deliver to City all reports and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
24. COMPLIANCE WITH ALL LAWS
Contractor shall at its own cost and expense comply with all statutes, ordinances,
regulations and requirements of all governmental entities, including federal, state,
county or municipal, whether now in force or hereinafter enacted. In addition, all
work prepared by Contractor shall conform to applicable City, county, state and
federal laws, regulations and permit requirements and be subject to approval of
the Project Administrator and City.
25. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same.or a different character.
26. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
27. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and
the Scope of Services or any other attachments attached hereto, the terms of this
Agreement shall govern.
28. AMENDMENTS
This Agreement may modified or amended only by a written document executed
by both Contractor and City and approved as to form by the City Attorney.
28. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
II
'30 ` CONTROLLING LAW AND VENUE:.
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be adjudicated
in a court of competent jurisdiction in the County of Orange.
31. 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.
32. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning of
the language used and shall not be censtmed for or against either party by reason
of the authorship of the Agreement or any other rule of construction which might
otherwise apply.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
ron C. Harp
Assistant` City Attorney
for the City of Newport Beach
ATTEST:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Steve Rosansky, Mayor
City of Newport Beach
ORANGE COUNTY STRIPING
SERVICE, INC.
By:
(Corporate Officer)
Print Name:
0
(Financial Officer)
Print Name:
Attachment: Exhibit A — Scope of Services & Billing Rates
12
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ilnit;rlerxore
Paiot
Unit 1'rPCo
Spiny Thermophstic
Tberm°ltteetk
C.te1„°f0
3040 B
90 mE
look odtl
13o061oYeltaw
LEVEALFOO'r
$0.14
$434
$0.90
Bmken Double Yeltow
UNBAL FOOT
$0.10
$0.32
S0.73
4" SMp Ychow
LNEAL FOOT
$0.03
$0.13
$0.33
4" Solid Yallm7
LWAL FOOT
$0.04
50.17
$0.40
4 �
LMAL FOOT
$0.03
MIS
$03.5
LINEAL FOOT
S0.04 .
S0.17
MO
raftLeoe
LINEALFOOT
W. 7
S0.23
$0,60
rS8Bd.Wbbe
LE!IEALFOOT
$0.10
50.32
50.80
3iog1e13neStE
EACH
$9.50
50.00
$0.00
DoubkLinoStall
EACH
St0.00
50.00
$0.00
S750.00
$11050.00
$1,050.OD
.. Amb f1LOne Intl
12M Send {Write
UNEAL FOOT
"AD
$1.30
$1.60
TmnAffom
EACH
$6.3o
MOO
$30.00
RLwjff
EACH
56.00
$16.00
530.00
lleodieVSymbof
EACH
5135.00
SD.00
$0.00
14" Letts
EACH
$2.00
moo
50.00
MkoLf= &Amuw
EACH
525.00
50.00
50.00
SteeilJtn °adWm m. -
$630.00
SI,D50.00
$1,050.00
Corb Markings
LINEAL FOOT
$0.60
S550.00
1kEec6vepaveluentMaCeera EACl1
Non.Rdeo1 vP&vamtt&kken EACH
SIF,IntUedonExtftPost EACH
Sign k=W oeNew2"UniNutdoBox EACH
CnrelbStftSidewa& for Sgnpeg EACH
Slen fist remtn° attni, =
$4.00
$1.60'
$630.00
$46.00 City to Supply Signs
$11200 CoOhnetortoS"IyPost &Bme
$133.00
$330.00
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