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HomeMy WebLinkAbout09 - On-Call Striping and Sign Maintenance and Installation Services — Award of Contract No. 7971-1CITY OF NEWPORT BEACH City Council Staff Report TO: FROM: PREPARED BY: PHONE: TITLE: ABSTRACT: March 23, 2021 Agenda Item No. 9 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov John Salazar, Field Maintenance Superintendent, jsalazar@newportbeachca.gov 949-718-3460 On -Call Striping and Sign Maintenance and Installation Services — Award of Contract No. 7971-1 The Public Works Department utilizes on-call contract services to maintain and improve roadway striping, curb markings and signs. This service is an important aspect of preserving and improving safety and efficiency of city roadways, trails, and paths. With expiration of the current contract on March 3, 2021, staff has solicited and received bids from contractors that specialize in this type of work. Staff is now requesting City Council approval to award the contract to Orange County Striping Service, Inc. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly-, and b) Award On -Call Contract No. C-7971-1 with Orange County Striping Service, Inc. for a term of five years with a total not -to -exceed (NTE) amount of $1,500,000, and authorize the Mayor and City Clerk to execute the contract. DISCUSSION: As a key part of its daily operation, the Public Works Department uses many different contract services to provide for the necessary construction, maintenance and repair services needed to keep City of Newport Beach (City) facilities and infrastructure in good working order. One of these key contract services is to provide roadway striping, markings and sign maintenance, which is an important component of maintaining and improving the safety and efficiency of City roadways, paths and trails. This contracted service uses a contractor(s) to paint/repaint stop bars, crosswalks, lane striping, pavement legends and markings, and red curbs which is done about every three years. This service also assists staff in responding in a timely manner to vehicle roadway accidents that require repairs and/or replacement of guard rails, signs and posts as needed. The service is an important aspect to improving the safety and efficiency of City roadways and maintaining its facilities. 9-1 On -Call Striping and Sign Maintenance and Installation Services — Award of Contract No. 7971-1 March 23, 2021 Page 2 Prior to the consolidation of the Municipal Operations Department (MOD) into the Public Works Department, the City maintained two separate contracts with the same contractor, one for each department. On September 24, 2019, this contracted striping and signage work was consolidated into one contract. This amended contract expired on March 3, 2021. Staff has experienced success with using this combined contract and desires to continue in this manner moving forward. Accordingly, staff has prepared and advertised a project bid packet to select a contractor and enter into a new contract for future work. This work is planned to be handled on an on-call/as-needed basis and project costs will be determined based on the low bid proposal as projects are assigned. Considering the on-call/as-needed nature of this work, and to proceed with a fair, low -bid -based selection of the contractor, the base bid was comprised of a small sample project to ensure each bid was based on the same specifications. The sample project requested bid items that were considered typical for this type of work. Additionally, each proposing firm was required to input unit pricing for all the various types of services and use those same unit prices in the compilation of their base bid. At 2:00 p.m. on March 4, 2021, the City Clerk electronically opened and read the following bids for the sample project: RANKING BIDDER TOTAL BASE BID AMOUNT Low Orange County Striping Service, Inc. $ 15,413.83* 2nd Superior Pavement Markings, Inc. $ 17,910.64* 3rd Chrisp Company $ 22,383.10* 4th PCI $ 25,435.45* 5th Safe USA $ 28,524.50* *Corrected Bid Amount The City received five bids for this project. The low bidder, Orange County Striping Services, Inc., possesses a California State Contractor's License Classification "C32", as required by the project specifications. A review of references for Orange County Striping Services, Inc. shows satisfactory completion of similar contracts for the City and other municipalities. The submitted bid amounts for each contractor contained some mathematical errors. To reconcile, staff adjusted the bids in accordance with the bid proposal instructions to ensure the unit prices utilized for the sample project match the unit prices listed for future contract work. OC Striping was the apparent low bidder at the time of the bid opening and remains the low bidder after the necessary adjustments to the bid amounts were made to their bid packet. The low bidder has been advised of the bid adjustment and is in agreement. Therefore, staff recommends award of a five-year, On -Call Striping and Sign Maintenance and Installation Services contract to OC Striping, with a total not -to -exceed (NTE) amount of $1,500,000. 9-2 On -Call Striping and Sign Maintenance and Installation Services — Award of Contract No. 7971-1 March 23, 2021 Page 3 FISCAL IMPACT: The On -Call Striping and Sign Maintenance and Installation Services contract serves two primary Public Works functions. First, the Municipal Operations Division oversees the maintenance of the existing striping, markings, and signs. Second, the Transportation and Capital Improvement Sections utilize this contract to deploy improvement projects to enhance the safety and efficiency of the City's roadway network. Based on prior spending, staff anticipates maintenance -related work to cost approximately $160,000 annually with an additional $130,000 for roadway improvement projects. Considering fluctuation in these items, staff requests an additional $10,000 for a total annual estimated expenditure of $300,000, or $1,500,000 over the life of the agreement term of five years. Sufficient funding for the remaining current fiscal year is available in the adopted operating and CIP budgets. Future funding will be programmed during the annual budget process. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — On -Call Maintenance / Repair Services Agreement with Orange County Striping Services, Inc. 9-3 ATTACHMENT A ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT WITH ORANGE COUNTY STRIPING SERVICE, INC. FOR ROADWAY SIGN AND STRIPING MAINTENANCE, REPAIR AND INSTALLATION (NO. 7971-1) THIS ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT ("Agreement") is made and entered into as of this 23rd day of March, 2021 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and ORANGE COUNTY STRIPING SERVICE, INC., a California corporation ("Contractor"), whose address is 183 N. Pixley Street, Orange, CA 92868, 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. City desires to engage Contractor to perform on-call maintenance and/or repair services for City ("Project"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Bid documents, line items, and specifications. D. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the maintenance and/or repair services described in this Agreement. E. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by City for the Project, is familiar with all conditions relevant to the performance of services, and has committed to perform all work required for the compensation specified in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on March 22, 2026, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED 2.1 Contractor shall perform the on-call services described in the Service Specifications attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Upon written request from the Project Administrator as defined herein, Contractor shall provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall include the following: 2.1.1 A detailed description of the Services to be provided; 2.1.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; and 2.1.3 The estimated number of hours and cost to complete the Services; 2.1.4 The time needed to finish the specific project. 2.2 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 Letter Proposal. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Contractor shall perform the Services in accordance with the schedule included in Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Contractor to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 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 within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein, not later than two (2) 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. 3.4 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by fax, hand - delivery or mail. 4. COMPENSATION TO CONTRACTOR 4.1 City shall pay Contractor for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Letter Proposal and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Except as otherwise provided herein, no rate changes shall be made during Orange County Striping Service, Inc. Page 2 9-5 the term of this Agreement without the prior written approval of City. Contractor's compensation for all Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed One Million Five Hundred Thousand Dollars and 00/100 ($1,500,000.00), without prior written amendment to the Agreement. 4.2 Upon the first anniversary of the Effective Date and upon each anniversary of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") shall be adjusted in proportion to changes in the Consumer Price Index, subject to the maximum adjustment set forth below. Such adjustment shall be made by multiplying the Billing Rates in Exhibit B by a fraction, the numerator of which is the value of the Consumer Price Index for the calendar month three (3) months preceding the calendar month for which such adjustment is to be made, and the denominator of which is the value of the Consumer Price Index for the same calendar month immediately prior to Effective Date. The Consumer Price Index to be used in such calculation is the "Consumer Price Index, All Items, 1982-84=100 for All Urban Consumers (CPI -U)", for the Los Angeles - Riverside -Orange County Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics. If both an official index and one or more unofficial indices are published, the official index shall be used. If said Consumer Price Index is no longer published at the adjustment date, it shall be constructed by conversion tables included in such new index. In no event, however, shall the amount payable under this Agreement be reduced below the Billing Rates in effect immediately preceding such adjustment. The maximum adjustment increase to the Billing Rates, for any year where an adjustment is made pursuant to this Section, shall not exceed the Consumer Price Index or 2.0% of the Billing Rates in effect immediately preceding such adjustment, whichever is less. 4.3 Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractor's bills shall include the name and/or classification of employee who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services 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 (30) calendar days after approval of the monthly invoice by City staff. 4.4 City shall reimburse Contractor only for those costs or expenses specifically identified in Exhibit B to this Agreement and the Letter Proposal, or specifically approved in writing in advance by City. 4.5 Contractor shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B and the Letter Proposal. Orange County Striping Service, Inc. Page 3 9-6 5. PROJECT MANAGER 5.1 Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Contractor has designated Ron Wilcox to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any personnel listed in Exhibit A 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. 5.2 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. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. City's Public Works Director or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Contractor in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Contractor, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Contractor's Work schedule. 8. TYPE AND INSTALLATION OF MATE RIALS/STAN DARD OF CARE 8.1 Contractor shall use only the standard materials described in Exhibit A in performing Services under this Agreement. Any deviation from the materials described in Exhibit A shall not be installed or utilized unless approved in advance and in writing by the Project Administrator. 8.2 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, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws and legally recognized professional standards. 8.3 Contractor represents and warrants to City that it has, shall obtain and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is Orange County Striping Service, Inc. Page 4 9_7 legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement. 8.4 Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 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 subcontractors, 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 the Project, or the Work of any subcontractor or supplier selected by Contractor. 9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). 9.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Orange County Striping Service, Inc. Page 5 9.8 9.5 Contractor shall perform all 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 Work by Contractor or its agents. 9.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Agreement 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. 9.7 Nothing in this Section shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Agreement, except to the extent provided for above. 9.8 The rights and obligations set forth in this Section shall survive the termination of this Agreement. 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. No civil service status or other right of employment shall accrue to Contractor or its employees. 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 direct Contractor as to the details of the performance of the Work 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 Contractor on the Project. ib�flIVA16111EWA 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. Orange County Striping Service, Inc. Page 6 9.9 13. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, 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 term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit F, and incorporated herein by reference. 15. BONDING 15.1 For any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement: (1) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), and in the form attached hereto as Exhibit D which is incorporated herein by this reference; and (2) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), and in the form attached hereto as Exhibit E which is incorporated herein by this reference. 15.2 The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 15.3 Contractor shall deliver, concurrently with City's approval of any Letter Proposal over Twenty Five Thousand Dollars and 00/100 ($25,000.00), the Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 16. PREVAILING WAGES 16.1 Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Agreement shall be paid to all workmen employed on the Orange County Striping Service, Inc. Page 7 9.10 Work to be done according to the Agreement by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 16.2 Unless otherwise exempt by law, Contractor warrants that no contractor or subcontractor was listed on the bid proposal for the Services that it is not currently registered and qualified to perform public work. Contractor further warrants that it is currently registered and qualified to perform "public work" pursuant to California Labor Code section 1725.5 or any successor statute thereto and that no contractor or subcontractor will engage in the performance of the Services unless currently registered and qualified to perform public work. 17. 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 fifty 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. 18. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A and the Letter Proposal. Contractor shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. Orange County Striping Service, Inc. Page 8 9-11 19. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon prior written request. 20. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 21. RECORDS Contractor shall keep records and invoices in connection with the Services 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 under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices 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 to Contractor under this Agreement. 22. WITHHOLDINGS City may withhold payment to Contractor 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/her 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 earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other contractors in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et Orange County Striping Service, Inc. Page 9 9.12 seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act and/or Government Code §§ 1090 et seg., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate 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. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, 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. 25.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Public Works Director Public Works Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Kimberly Patterson Orange County Striping Service, Inc. 183 N. Pixley Street Orange, CA 92868 26. CLAIMS 26.1 Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. Contractor and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). Orange County Striping Service, Inc. Page 10 9.13 26.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor/Consultant to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 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, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Contractor. In the event 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, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. LABOR 28.1 Contractor shall conform with all applicable provisions of state and federal law including, but not limited to, applicable provisions of the federal Fair Labor Standards Act ("FLSA") (29 USCA § 201, et seq.). 28.2 Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement, Contractor shall immediately give written notice to City, and provide all relevant information. 28.3 Contractor represents that all persons working under this Agreement are verified to be U.S. citizens or persons legally authorized to work in the United States. 28.4 To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees from loss or damage, including but not limited to attorneys' Orange County Striping Service, Inc. Page 11 9-14 fees, and other costs of defense by reason of actual or alleged violations of any applicable federal, state and local labor laws or law, rules, and/or regulations. This obligation shall survive the expiration and/or termination of the Agreement. 29. STANDARD PROVISIONS 29.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. 29.2 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, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 29.3 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. 29.4 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. 29.5 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. 29.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 29.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 29.8 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. 29.9 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, State of California. Orange County Striping Service, Inc. Page 12 9.15 29.10 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, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 29.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Orange County Striping Service, Inc. Page 13 9.16 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 3 / 16 By - .ow -L" C'AaF6n t. Harp City Attorney ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date.- BV: ate: By: Brad Avery Mayor CONTRACTOR: ORANGE COUNTY STRIPING SERVICE, INC., a California corporation Date: By: Kimberly A. Patterson Chief Executive Officer/President Date: By: Ronald G Secretary [END OF SIGNATURES] Wilcox Attachments: Exhibit A — Service Specifications Exhibit B — Schedule of Billing Rates Exhibit C — Bid Submittal Documents Exhibit D — Labor and Materials Payment Bond Exhibit E — Faithful Performance Bond Exhibit F — Insurance Requirements Orange County Striping Service, Inc. Page 14 9.17 EXHIBIT A SERVICE SPECIFICATIONS Orange County Striping Service, Inc. Page A-1 9.18 City of Newport Beach Public Works Department SCOPE OF SERVICES ON-CALL ROADWAY SIGN & STRIPING MAINTENANCE, REPAIR & INSTALLATION Contract No. 7971-1 All work necessary for the completion of this contract shall be done in accordance with this Scope of Services. AWARD Annual/multi-year on-call contract award to be based on the lowest base bid amount. :7_TO1141C 0111,,1 The City of Newport Beach operates and maintains over 200 roadway centerline miles, public alleys, beaches and other public spaces that utilize sign and striping treatments to inform and educate the Public. Located in coastal Orange County, the City of Newport Beach is a world-class community and destination. To continue high-level maintenance of public facilities, the City is requesting proposals from companies that specialize in roadway sign and striping maintenance, repair and installation services. INTENT This Scope of Services is to provide full and complete details for on-call roadway sign and striping maintenance, repair and installation services on an as -requested basis throughout the City of Newport Beach. DESCRIPTION OF WORK • Furnish all materials, labor, tools, expendable equipment, traffic control, transportation and product handling, delivery and storage necessary to complete project(s) for the maintenance, repair and installation of roadway signs and striping as described herein including, but not limited to, the following: o Provide sign maintenance, repair and installation utilizing City or Contractor provided signs on existing or Contractor -installed posts or poles as specified by City; o Provide roadway striping maintenance, repair and installation using paint, thermoplastic, or other material as specified by City; o Provide pavement markings installation using paint, thermoplastic, pre-cut thermoplastic, or other material as specified by City; o Provide curb marking maintenance, repair and installation using paint or other material as specified by City; and o Provide installation of metal beam guardrails including end pieces and wooden posts and removal and disposal of damaged guardrail as specified by City. WORKING HOURS 9-19 Normal working hours shall be between the hours of 7:00 a.m. and 4:30 p.m., Monday through Friday. Work outside of normal working hours, including night, Saturday, Sunday, or holiday must be approved by the City prior to being scheduled; and • Emergency work, as requested by City, may be exempt from the requirements listed above. QUALITY OF WORK AND MATERIALS All materials and installation methods shall conform with the latest City of Newport Beach Standard Specifications, California Manual of Uniform Traffic Control Devices (CA MUTCD), APWA Specifications and Standard Plans, Caltrans Standard Plans/Specifications and/or other specifications as deemed appropriate by City; • All material and equipment furnished by the Contractor shall be new, high grade, and free from defects and imperfections. Workmanship shall be in accord with the highest industry standards. Both materials and workmanship shall be subject to the approval of the City. • All work shall meet with the approval of the City's representative. Any specific item which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor's Project Manager. Payment to the Contractor may be withheld by City until condition is corrected in a satisfactory manner as set forth in the specifications. SUPERVISION • Contractor shall designate a Project Manager to serve as the main contact for the Contractor throughout the term of the agreement. The Project Manager shall have the authority to handle and resolve any contract disputes with the City and shall be experienced in roadway sign and striping maintenance, repair and installation services. l:l#.9Z•I►I:'ll:ll4k]A14I:Z�7_1►�iL[h'l • Any damage by Contractor, including that which occurs outside the work area, shall be repaired or replaced as directed at no additional cost to the City. RECORDS • Contractor shall keep records and invoices in connection with the Services 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 under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices 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 to Contractor under this Agreement. SAFETY REQUIREMENTS • All work performed under this contract shall be performed in such a manner as to provide maximum safety to the public and where applicable comply with all safety standards required by CAL -OSHA. The City reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance under this contract. All contractor arzoi employees shall have access to the latest revision of the Work Area Traffic Control Handbook (WATCH) at all times. • Contractor's field personnel shall wear easily recognizable uniforms containing Contractor's name. Contractor shall be responsible for supplying all appropriate personal protective equipment. Contractor's employees shall be trained in health and safety per CALOSHA. • The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from his/her operations. Any hazardous condition noted by the Contractor, which is not a result of his/her operations, shall be immediately reported to the City. ROAD CLOSURES, DETOURS AND TRAFFIC CONTROL • Traffic control layout and devices shall conform with the latest revision of the Work Are Traffic Control Handbook (WATCH) and the California Manual of Uniform Traffic Control Devices (CA MUTCD). • Contractor shall observe and maintain deployed traffic control devices during the work. Additional traffic control shall be deployed to encourage proper work area safety as needed and/or directed by City. • If the Contractor fails to provide and install traffic control devices as required by this section, City may shut down Contractor's work or may have traffic control devices placed by others and charge the cost of the traffic control deployment against the Contract.. • Beacon lighting visible from behind the vehicle will be installed on vehicles working along City roadways. • The schedule for any work requiring significant road closures or detours shall be coordinated with the City a minimum of 72 hours prior to the beginning of work. • At the discretion of the City, Contractor may be required to furnish a traffic control plan for planned work. If requested, a traffic control plan shall be submitted to City ten (10) days prior to the start of work. • At the discretion of City, work hours and or/traffic control layout may be changed to improve work area safety and/or reduce traffic delays/impacts to the traveling public. TECHNICAL SPECIFICATIONS • Traffic signs shall be installed per City Standard Plan STD -924-L; • Underground Service Alert (USA) shall be contacted prior to installation of sign posts/poles and/or other below -grade item; • Contractor -furnished signs shall be of standard size, construction, text and message per the CA MUTCD and State of California specifications, unless otherwise specified by City; • All traffic stripes and markings shall conform with the CA MUTCD and State of California Standard Specifications and Plans in size, color, shape, and layout unless otherwise specified by City; • Conflicting striping/pavement markings shall be removed by wet sandblasting or City -approved alternative; • Reflectorized pavement markers shall be 3M Series 290 or have glass covered face and City -approved equivalent; • Traffic striping paint shall be Pervo PTW B-01, #7004 or approved equivalent • Traffic striping Thermoplastic shall be Pervo T-1000 or approved equivalent applied at 90 mil by an extrusion system • Green bike lane and bike lane/sharrow legend background shall be MMAX Colored Lane Treatment — EF Green by Ennis -Flint or City -approved equivalent; 9-21 • Curb marking maintenance (same color as existing) may be painted over existing markings and shall be the same length as existing, unless otherwise specified by City; • When curb markings are to be removed, existing paint shall be removed by wet sandblasting or other City -approved method. • Curb marking Paint shall be American Traffic Products fast dry 180 series paint or approved equal. Colors shall be Red, White, Yellow, Green, Blue, Black and Light Grey; and • Curb marking stencil shall be four inches in height. AS -NEEDED SERVICES The following services may be requested of Contractor on an as -needed basis. Contractor shall furnish a letter proposal detailing work hours, equipment and not to exceed cost related, when this services is requested. If considered an emergency repair/installation by City, work shall be completed on a Time and Materials basis and invoiced to the City after work is complete. Invoices are subject to review and approval by City prior to payment. • Metal beam guardrail installation/repair, including end pieces, wooden posts; and • Striping/sign modification work including installation, removal, and/or relocation of striping and/or signs. COMPLETED WORK AND INVOICING DETAILS Contractor invoices shall detail cost broken down by laborer hours and title, equipment hours, and material quantities. City shall reserve the right to validate quality, quantities effort of work performed prior to approval and payment of invoices. 9-22 EXHIBIT B SCHEDULE OF BILLING RATES Orange County Striping Service, Inc. Page B-1 9.23 Bid Results Bidder Details Vendor Name Orange County Striping Service Address 183 N Pixley St Submitted Orange, California 62868 Delivery Method United States Respondee KIM PATTERSON Respondee Title PRESIDENT Phone 714-639-4550 Email ESTIMATING@OCSTRIPING.COM Vendor Type License # 346095 CADIR Bid Detail Bid Format Electronic Submitted 03/04/2021 10:23 AM (PST) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 242663 Ranking 0 Respondee Comment Buyer Comment Bond eBond Contract ID Attachments File Title File Name File Type BID SUBMITTAL C-7971-1 ORANGE COUNTY STRIPING BID SUBMITTAL C-7971-1 ORANGE COUNTY STRIPING General SERVICE INC.pdf SERVICE INC.pdf Attachments BID BOND C-7971-1 ORANGE COUNTY STRIPING SERVICE BID BOND C-7971-1 ORANGE COUNTY STRIPING SERVICE Bid Bond INC.pdf INC.pdf 9-24 City of Newpod Beach ON CALL ROADWAY SIGN AND STRIPING MAINTENANCE. REPAIR AND INSTALLATION (7971-1). bidding on 03!0412021 2:00 PM (PST) Subcontractors No Subcontractors Planstaids.Inc. Page 2 of 9 Printed 0310412021 Line Items Item Item Section Type Ile. Deti-ptlon UOM QTY Unit Line Total Response Comment d Code price Main Bid (Award to be based on lowest total !rase bid, which consists of the sample project below.] BIDDERS MUST USE THE SAME UNIT COSTS AS 1 LISTED IN YOUR ON-CALL LINE ITEMS IN CALCULATING THE BASE 4 -Inch Double Yellow LF 1105 30 5684.00 Yes THERMO BID. BIDS THAT DO NOT MEET THIS REQUIREMENT MAY BE CONSIDERED NON-RESPONSIVE! Main Bid (Award to be based on lowest total base bid. which consists of the sample project below.) BIDDERS MUST USE THE SAME UNIT COSTS AS 2 LISTED IN YOUR ON-CALL UNE ITEMS IN CALCULATING THE BASE !.inch Solid Yellow LF 50 50 525.00 Yes THERMO BID, BIDS THAT DO NOT MEETTHIS REQUIREMENT MAY BE CONSIDERED NON-RESPONSIVE.' Main Bid (Award to be based on loasl total base bid, which consists of the sample project below.) BIDDERS MUST USE THE SAME UNIT COSTS AS 3 LISTED IN YOUR ON-CALL LINE ITEMS IN CALCULATING THE BASE 4 -inch Solid White LF 50 50 Yes THERMO BID. BIDS THAT DO NOT MEET THIS REQUIREMENT MAY BE 525.00 CONSIDERED NON-RESPONSrVE.' Main Bid (Award to be based on lowest total base bid which consorts of the sample project below.) BIDDERS MUST USE THE SAME UNIT COSTS AS 4 LISTED IN YOUR ON-CALL LINE ITEMS IN CALCULATING THE BASE 6 -inch Solid White LF 1140 so. . $741 00 Yes THERMO BID. BIDS THAT DO NOT MEET THIS REQUIREMENT MAY BE CONSIDERED NON-RESPONSIVE.' Main Bid (Award to be based on lowest total base bid. which consists of the sample project below.) BIDDERS MUST USE THE SAME UNIT COSTS AS 5 LISTED IN YOUR ON-CALL UNE ITEMS IN CALCULATING THE BASE 6 -inch Skip White Lr' 2790 35 $97650 Yes THERh10 BID. BIDS THAT DO NOT MEET THIS REQUIREMENT MAY BE CONSIDERED NON-RESPONSIVE.' Main Bid (Award to be based on lowest total base bid. which consists of the sample project below.) BIDDERS MUST USE THE SAME UNIT COSTS AS 6 LISTED IN YOUR ON-CALL LINE ITEMS IN CALCULATING THE BASE 8-mch Solid White LF 815 80 S652.00 Yes THERMO BIO- BIDS THAT DO NOT MEET THIS REQUIREMENT MAYBE CONSIDERED NON-RESPONSIVE.' Main Bid (Award to be based on lowest total base bid. which consists of the sample project below.) BIDDERS MUST USE THE SAME UNIT COSTS AS 7 LISTED IN YOUR ON-CALL LINE ITEMS IN CALCULATING THE BASE i2 -inch Solid White LF 695 5' 75 Yes T HERMO BID. BIDS THAT DO NOT MEETTHIS REQUIREMENT MAY BE S1.563 CONSIDERED NON-RESPONSIVE.' Main Bid (Award to be based on lowest total base bid. which Consists Of the sample project below.) BIDDERS MUST USE THE SAME UNIT COSTS AS 8 LISTED IN YOUR ON-CALL UNE ITEMS IN CALCULATING THE BASE 8 -fool Letter SF 248 SJ 51.026.7_ Yes THERMO BID. BIDS THAT DO NOT MEET THIS REQUIREMENT MAY BE CONSIDERED NON-RESPONSIVE.' Main Bid (Award to be based on locest total base bid. which consists of the sample project below.) BIDDERS MUST USE THE SAME UNIT COSTS AS 9 LISTED IN YOUR ON-CALL UNE ITEMS IN CALCULATING THE BASE Tum Allows (Type I!IVMIA/Ilq SF 132 $2 5 S36940 Yes THERhIO BID, BIDS THAT DO NOT MEET THIS REQUIREMENT MAY BE CONSIDERED NON-RESPONSIVE.' Main Bid (Award to be based on lowest total base No which consists of the sample project below.) BIDDERS MUST USE THE SAME UNIT COSTS AS S7 10 LISTED IN YOUR ON-CALL LINE ITEMS IN CALCULATING THE BASE Sake Lane Legend 8 Anon EA 1 50 57500 Yes THERMO BID. BIDS THAT DO NOT MEETTHIS REQUIREMENTMAY BE 0 CONSIDERED NON-RESPONSIVE.' Main Bid (Award to be based on lowest total base bidwhich consists of the sample project below) BIDDERS IJUST USE THE SAME UNIT COSTS AS S6 11 LISTED IN YOUR ON-CALL UNE ITEMS IN CALCULATING THE BASE Sharron: EA 10 50 5650.00 Yes THERMO BID. BIDS THAT DO NOT MEET THIS REQUIREMENT MAY BE 0 CONSIDERED NON-RESPONSIVE.' Main Bid (A.vard to be based on lowest total base bid. •.which consists of the sample project below.) BIDDERS MUST USE THE SAME UNIT COSTS AS 12 LISTED IN YOUR ON-CALL LINE ITEMS IN CALCULATING THE BASE Green Bike Lane:Sharro.. Background (NIMA) SF 400 25 53.300 00 Yes M NI.A BID BIDS THAT DO NOT MEET THIS REQUIREMENT MAY BE CONSIDERED NON-RESPONSIVE.' Main Bid (Award to be based on lowest total base bidwhich consists of the sample project be!or.) BIDDERS MUST USE THE SAME UNIT COSTSAS 13 LISTED IN YOUR ON-CALL LINE ITEMS IN CALCULATING THE BASE Speed Limit Number SF 35 24' 5148.40 Yes THERMO BID, BIDS THAT DO NOT MEET THIS REQUIREMENT MAY BE CONSIDERED NON-RESPONSIVE.' Main Bid (Award to be based on !&,rest total base Nd. bion consists of the sample project below) BIDDERS MUST USE THE SA161E UNIT COSTS AS 14 LISTED IN YOUR ON-CALL LINE ITEMS IN CALCULATING THE BASE Continental Crosswalk SF 320 25 S720.00 Yes i REBIND BID. BIOS THAT DO NOT MEETTHIS REQUIREMENT MAY BE CONSIDERED NON-RESPONSIVE.' Alain Bid (Award to be based on lowest total base bid, which consists of the sample project below) BIDDERS MUST USE THE SAME UNIT COSTS AS 15 LISTED IN YOUR ON-CALL LINE ITEMS IN CALCULATING THE BASE Curb Painting LF 7380 25 57425.00 Yes T BIO. SIDS THAT 00 NOT MEET THIS REQUIREMENT MAY BE PAINT CONSIDERED NON-RESPONSIVE.' 9-26 Main Bid (Award to be based on lowest total ties* tid. +which consists of the THIS ITEM sample project below.) BIDDERS MUST USE THE SAME UNIT COSTS AS REALLY 16 LISTED IN YOUR ON-CALL LINE ITEMS IN CALCULATING THE BASE Remove Stripe LF 6 75 Yes BE0UL0 BID. BIDS THAT DO NOT MEET THIS REQUIREMENT MAY BE $22.50 SQUARE CONSIDERED NON-RESPONSIVE.' FOOT FOOT Main Bid (Award to be based on lowest total base bid, which consists of the sample Project below.) BIDDERS MUST USE THE SAME UNIT COSTS AS 17 LISTED IN YOUR ON-CALL LINE ITEMS IN CALCULATING THE BASE Remove %talking SF 185 75 5693.75 Yes BID. BIDS THAT DO NOT MEET THIS REQUIREMENT MAY BE CONSIDERED NON-RESPONSIVE.' Main Bid (Award to be based on lowest total base bid which consists of the BAND -ON SIGN sample project below.) BIDDERS MUST USE THE SAME UNIT COSTS AS S3 PANEL 18LISTED IN YOUR ON-CALL LINE ITEMS IN CALCULATING THE BASE Install Sign on Existing PostiStreel Ught Fly 6 0.7 S18420 Yes R POLE OR BID. BIDS THAT DO NOT MEET THIS REQUIREMENT MAY BE D ROUND CONSIDERED NON-RESPONSIVE.' POST Main Bd (Award to be based on lowest total base W. which consists of the RIVET sample project bels¢) BIDDERS MUST USE THE SAME UNIT COSTS AS 51 SIGN 19 LISTED IN YOUR ON-OALLLINE ITEMS IN CALCULATING THE BASE Install Sign on New 2 -inch Unistrut 8 Base EA 11 7.3 5191.18 Yes PANEL TO BID. BIDS THAT DO NOT MEET THIS REQUIREMENT MAY BE 8 UNISTRUT CONSIDERED NON-RESPONSIVE.- POST REMOVE SIGN Main Bid (Award to be based on lowest total base bid, which consists of the PANEL sample project below) BIDDERS MUST USE THE SAME UNIT COSTS AS 51 FROM 20 LISTED IN YOUR ON-CALL LINE ITEMS IN CALCULATING THE BASE Remove Sign & Post EA 1 46 5.:1 68 Yes POST. BID. BIOS THAT DO NOT MEET THIS REQUIREMENT MAY BE 8 REMOVE CONSIDERED NON-RESPONSIVE.- POST FROM GROUND, Main Bid (Award to be based on lowest total base bid. which consists of the INS INSTALL sample project below) BIDDERS MUST USE THE SAME UNIT COSTS AS S9 21 LISTED IN YOUR ON-CALL LINE ITEMS IN CALCULATING THE BASE Relocate Sign & Post EA 1 34 $93.13 Yes SIGN EXISTING S SIGN BID. BIDS THAT DO NOT MEET THIS REQUIREMENT MAY BE 3 POST IN CONSIDERED NON-RESPONSIVE.' GROUND. RE- INSTALL AN Main Bid (Award to be based on lowest :olal base bid. which consists of the EXISTING sample project below.) BIDDERS MUST USE THE SAME UNIT COSTS AS S1 22 -CALL IN YOUR ON LINE ITEMS IN CALCULATING THE BASE Relocate Syn to New Post EA d 7 3 56952 Yes SIGN PANEL ON BID. BIDS THAT DO NOT MEET THIS REQUIREMENT MAY BE 3 TOA CONSIDERED NON-RESPONSIVE.' NEWLY INSTALLED POST. REMOVE AN Main Bid (Award to be based on lowest total base bid. which consists of the EXISTING sample project belay.) BIDDERS MUST USE THE SAME UNIT COSTS AS 54 SIGN 23 LISTED IN YOUR ON-CALL LINE ITEMS IN CALCULATING THE BASE Remove Post EA 1 16 S4468 Yes POST OR BID. BIDS THAT DO NOT MEET THIS REQUIREMENT MAY BE d ROUND CONSIDERED NON-RESPONSIVE.' POLE FROM THE GROUND. FURNISH & Main Bid fAviard to be based on bwest total base bio. wtuch consists of the INSTALLA sample project below.) BIDDERS MUST USE THE SAME UNIT COSTS AS Si NEW 21 LISTED IN YOUR ON-CALL LINE ITEMS IN CALCULATING THE BASE Install New 2-mch Umstrut & Base EA 1 5D. 5150.00 Yes UNISTRUT BID, BIDS THAT DO NOT MEET THIS REQUIREMENT MAY BE DD POST. CONSIDERED NON-RESPONSIVE.' ANCHOR & SLEEVE, Main Bid (Award jobs based on lowest total base bid which comists Gt the sample project below.) BIDDERS MUST USE THE SAME UNIT COSTS AS 25 LISTED IN YOUR ON-CALL UNE ITEMS IN CALCULATING THE BASE 310. BIDS THAT DO NOT MEET THIS REQUIREMENT MAY BE install Reflective Pavement Marxer EA 133 00 5798.00 Yes CONSIDERED NON-RESPONSIVE.' 26 Striping (On -Gail Semces) 1 -inch Double Yefo•:w 1Re aint over Existing) P 9) PER 1 So S030 Yes 1 -COAT LF 30 PAINT 27 Striping (On -Call Services) 1 -inch Double Yellow Install ne•,w Thermoplasoc) 1 e0 SD 80 Yes THERMO EER 28 Stuping (On -Call Served d inch Broken Double Yellow (Repaint over Exlstirg) PER so SO.23 Yes 1 -COAT LF 23 PAINT 29 Striping (On -Call Sewes/ 1 inch Broken Double Yellow .Install new Thermoplastic; PER 75 50.75 Yes THERMO 30 Striving (On -Call Services) 1 -inch Skip Nfiite (Repaint over Existing) PER PER S0 1 Yes $0.14t -COAT LF 11 PAINT 31 Stnp:ng (On -Call Services) d-mch Skip White Install new Thermoplastic) PFR 1 s5 S0.55 Yes THERMO 32 Striping (on -Call Services) 1-mcn Skip Yellow (Repaint over'cxatingl PER 1 so 50.11 Yes 1 -COAT LF 11 PAINT 33 Striping (0n.Ca11 Seances: d.mch Skip Yellow llnstall ne•, Thermcplastcl PFR I s° $0.55 Yes THERMO 9-27 City of NewoaC Beacc Page -m ON CALF ROAD'iVA`! SIGN AND STRIPING MAINTEMANCE REDAIR AND ;NS–ALLA'IJN .74-1-t y, ;u[1d[ng sn ,,;i 1;4i:!'.' : !1F Ptd :QST P-M,j 03.04:202' 34 Striping (Ori Call sernces) 44nch Solid White(Repaint over Existing) t So.19 Yes I-COPAINAT PFR 1B. 35 Ship)ng (On -Call Services) flinch Solid White (Install new Thermoplastic) �F R t 65' SO.65 Yes THERMO 36 Striping (On -Call Seraces) flinch Solid Yellow iRepaint over Existing) PER I So. 50.19 Yes 1 -COAT LF 19 PAINT 37 Striping (On -Call Services) 44nch Solid Yellow (Install nowTheonoplastic) LFR 1 65 $0.65 Yes THERMO 38 Striping (On -Call Services) 6 inch Broken Double Yellow (Repaint over Existing) PER 1 LF 50. 31 50 31 Yes 1 -COAT PAINT 39 Striping (On -Cap Services) 6 inch Broken Double Yellow (Install «ewThermoplas0e) LFR 1 so 85 SO -85 Yes THERMO •40 Striping (On -can services) 6 -inch Double Yellow (Repaint over Existing) PER 1 LF 50. 40 S0,10 Yes 1 -COAT PAINT d1 Striping (On -Call Services) 64nch Double Yellow (Install new Thermoplastic) PER 1 LF 26 $126 Yes THERMO d2 ( ) StripingOn-Cap Services 64nch Skip White ( Re mover Existin (Repaint g) PER 1 S0. 50.16 Yes 1 -COAT LF 15 PAINT 43 Striping (On -Cap Services) 84mh Skip White (Install new Thannoplasi LFR I 35 so $0'35 Yes THERMO 44 Striping (OnCatl Services) 6 -inch Skip Yellow (Repaint over Existing) ng) 1 LF 16S0. 50.18 Yes 1 -COAT PAINT 45 Striping (On -Can Services) 6•inch Skip Yellow (Install n"Thermoplasbc) �F R 1 35 50.35 Yes THERMO 46 Striping (On -cam services) 64nch Solid White (Repaint over Existing) PER LF 1 S0. 23 $0.23 Yes 1 -COAT PAINT 47 Striping (On -Call Services) 6-mch Solid White (Install newThermoplasbe) LFR I 65 so $0'65 Yes THERMO 48 Striping (On -Cap Services) 64nch Solid Yellow (Repaint over Existing) PER 1 So. 5023 Yes 1 -COAT LF 23 PAINT 49 Striping (On -Can Services) 6 -inch Solid Yellow (Install new Thermoplastic) LFR 1 65 59.65 Yes THERMO so Striping (On -Cog Services) 84nch Skip White (Repaint over Existing) . PER 1 LF 50. t5 $0.15 Yes 1 -COAT PAINT e15.fls 9-28 Item Item Seamon Type Item Description UOM DTV Unit Line Total Response Comment Code Price 51 Striping (On -Call Services) 8 -inch Skip While (Install new Thermoplastic) PER LF 1 50.65 $065 Yes THERMO 52 Striping (On.Ca11 Services) 8.mch Solid White (Repaint over Existing) PER LF 1 $027 $0.27 Yes 1 -COAT PAINT 53 Striping (On.Call Services) 8 -inch Solid White (Install ne:v Thermoplastic) PER LF 1 SO 80 50 80 Yes THERMO 54 Striping (On -Call Services) 12 -inch Solid Yellow (Repaint over Existing) PER LF 1 51.20 $7.20 Yes 1 -COAT PAINT 55 Striping (On -Call Services) 12 -inch Sated Yello+r (Install new Thermoplastic) PER LF 1 52.25 52.25 Yes THERhIO 56 Striping (On -Call Services) 12�nch Solid White (Repaint over Existing) PER LF 1 51.20 51.20 Yes 1 -COAT PAINT 57 Striping (On -Call Services) 12:nch Solid White (Install new Thermoplastic) PER LF 1 52.25 52.25 Yes THERMO 58 Striping (On -Call Services) 3 -loot Yield Une (shark -teeth) (Repaint over Existing) PER LF 1 S1 20 51.20 Yes 1 -COAT PAINT 59 Striping (On -Call Services) 3 -loot Yield Line (shark -teeth) (Install new Thermoplastic) PER LF 1 $2 25 52.25 Yes THERMO 60 Striping (On -Call Services) Single Line Parking Stall (Repaint wet Existing) EA 1 510 DO 510.00 Yes 1.COAT PAINT 61 Striping (On.Call Services) Single Line Parking Stall (Install new Thermoplastic) EA 1 53200 532.00 Yes THERMO 62 Striping (On -Call Services) Double Line Parking Stall (Repaint over Existing) EA 1 $13.00 $13.00 Yes 1 -COAT PAINT 63 Striping (On -Call Services) Double Line Parking Stall (Install new Thermoplastic) EA 1 545.00 $15.00 Yes THERMO 64 Striping (On -Call Services) Remove Existing Striping (Grind) PER LF 1 53.75 53.75 Yes SHOULD BE SQUARE FOOT 65 Striping (On -Call Services) Striping Minimum' MINIMUM 1 S1 ODO. 51.000.00 Yes Do 66 Pavereenl Markings (On -Call 18 -inch Letter (Repaint over Existing) PER SF 1 57.20 $1.20 Yes 1 -COAT PAINT Services) 67 Pavement Markings (On -Call Inch Letter Install new Thermoplastic) PER SF 1 525.00 525.00 Yes THERMO services) Pavement Markings (On -Call 68 Services) a -foot Letter (Repaint over Existing) PER SF 1 $1 92 S1 92 Yes 1 -COAT PAINT 89 Pavemenl Markings (On -Call 8 -root Letter (Install new Thermoplastic) PER SF 1 $1.14 54.14 Yes THERMO Services) 70 Pavemenl Markings (On -Call Turn Aro:vs (Type IINNIINIII) (Repaint over Existing) PER SF 1 51.05 s1.05 Yes 1 -COAT PAINT Services) 71 Pavement Markings(On-CallTurn Aroas(Type lip/AAINIII)(Install nen, Thermoplastic( PER SF 1 52.95 52.95 Yes THERhIO Services) �2 Pavement Markings IOn.Cali Elongated Turn Ara:s (Type 11111) (Repaint wet Existing) PER SF 1 51.05 51.05 Yes 1 -COAT PAINT Semces) 73 Pavement Markings (On-call Elongated Turn Arro•.vs (Type 111110 (Install new Thermoplastics PER SF 1 $2.95 $2.95 Yes THERMO Semces) 74 Pavement Markings (On -Call Bike Lane Aro:v (Repaint over Existing) PER SF t 52.89 $2.89 Yes I -COAT PAINT Services) Pavement Markings (On -Call 75 Services) Bike Lane Arm•:. (Install new Thermoplastic) PER SF 1 S6 23 56.23 Yes THERMO 76 Pavement Markings!On•C211 Handicap Symbol Repaint over Existing; PER SF 1 $7.225 $7.25 yes 1 -COAT PAINT Services) 77 Pavement Markings IOn-Call Handicap Symbol (Install newThermoplastic) PER SF 1 St 75 O 5175 DO Yes PRE-CUT THERh10PLASTIC Services) D 70 Pavement Markings (On -Call Bike Lane Legend 8 Arrow (Repaint over Existing) PER SF 1 52.80 52.80 Yes 1 -COAT PAINT Sem-s) 79 Pavement klarkirgs (On -Call Bike Lane Legend 8 Allow (Install new T hermoplastici PER SF 1 S4 16 $4 16 Yes THERMO Services) 80 Pavement Markings (On -Call Shared Lane Markin (Sharro., (Repaint over Existin I g 9 PER SF 1 S33 75 533.75 Yes 1 -COAT. PAINT Services) 81 Pavement Markings (On -Call Shared Lane Marking (Sharro+•9 (Install new, Thermoplastic) PER SF 1 $565 $565 Yes THERMO Services) 82 Pavement Markings (On -Call Green Bike Lane,Shanow Background (MMA) PER SF 1 5815 58.25 Yes Services) a3 Pavement Markings ion -Call Speed Limit Number IRe aint over Existin p 9' PER SF 1 52.11 52.11 Yes 1- COAT PAINT Services( 84 Pavement Markings (On -Call Speed Limit Number (Install new Thermoplastic) PER SP 1 S: 24 S1.24 Yes THER61O Services) as Pavement Markings iO,Call Continental Crosswalk Repaint over Existing) PER SF 1 S7 20 $120 Yes 1 -COAT PAINT Services) 06 Pavement Markings (On.Cak Continental Crosswalk (InstallnewThermoplastic) PER SF t 52 25 $2.25 Yes THERMO Service.) 8r Pavement Markings iOn-Call Ladder Cms: svalk (Repaint over Existing) PER SF 1 61.20 57.20 Yes 1 -COAT PAINT Services) a8 Pavement Markirgs iOn-Carol Ladder Crosswalk (install nev Thermoplastic PER SF 1 52 25 S225 Yes THERMO Serves) 89 Pavement Alarkirgs ;On -Call Diagonal Crosswalk (Repaint over Existing( PER SF 1 51.20 St 20 Yes I.COAT PAINT Services) 9-29 Elly C+ NewpGn Beach ON 9ALL ROADWAY SIGN AND STRIPI+4G MAIN'EMANCE. REPAIR AND INS i ALLAi10N U3X. ;: : Jp PM iPST 99 Pavement Markings (On -Call Diagonal Cmssvralk(Instal nesv Thermoplastic) Yes Services) PER SF 97 Pavement Markings (On -Call Speed Bump Markings (Repaint over Existing) 1 -COAT PAINT Services) 1 53.50 92 Pavement Markings (On Call Speed Bump MailamJs (Install new Thermoplastic) PER SF Services) $1.92 93 Pavement Markings (Or -Call . Addilicnal Pavement Markings (Repaint over Existing) 1 54.14 Services) Yes 94 Pavemenl Markings (On -Call - Additional Pavement Markings (Install new Thermoplastic) 558.62 Services) PRE-CUTTHERMOPLASTIC 95 Pavement Markings(OnCa9 Green Thermoplastic LOOK Stencil . Yes ' Services) PER SF 96 Pavement Markings (On -Call Existing Pavement Marking (Grind) Services)Remove 97 Pavement Markings (On -Call Pavement Marking Mimimum' 1 - $1.25 Services) Yes 98 Curb Marking (On -Cal Services) Curb Painting 99 Curb Marking (On -Cal Services) Curb Stencil Lettering 100 Curb Marking (On -Cap Services) Curb Marking Removal (Wet Sandblast) 'age : "i 5 Pnnritd 0:044021 PER SF 1 $2.25 $225 Yes THERMO PER SF 1 $1.97 $1.97 Yes 1 -COAT PAINT PER SF 1 53.50 5350 Yes THERMO PER SF 1 $1.92 $1.92 Yes 1 -COAT PAINT PER SF 1 54.14 $4.14 Yes THERMO PER SF 1 558.62 558.62 Yes PRE-CUTTHERMOPLASTIC PER SF 1 53.75 53.75 . Yes PER SF 1 611000. 51.000.00 Yes NOT 51.000 PER S.F. MINIMUM. JUST : 00 51.000 MINIMUM PER LF 1 - $1.25 $1.25 Yes 1 -COAT PAINT CHARGE IS FOR EACH 4' LETTER. NOT EA 154.00 54.00 Yes WORD. PER LF 1 $5.00 55.00 Yes 9_30 Item Item Section - Code 101 Curb Markmg (On -Call Services) 102 Pavement Markers (Each) (On - S Call Services) 103 Pavement Marken (Each) (Oh. 1 O 375D Call Services) IOC Pavement Markers (Each) (On - 1 Call Services) 106 Sign & Post Installation tEach) 0$60 (On -Call Services) 106 Sign & Post Installation (Each) 505.0 (On -Cao Services) 107 Sign & Post Installation (Each) 1 (Cr -Call Services) 108 Sign & Post Installation (Each) $075 (On -Call Services) 109 Sign & Post Installation (Each) 1 (On -Call Services) 110 Sign & Post Installation (Each) (On -Call Services) Sign & Post Installation (Each) III (On -Call Services) 112 Sign & Post Installation (Each) $300. (On -Call Services) 113 Sign & Post Installation (Each) 1 (On Call Services) 114 Sign & Post Installation (Each) tOn-Call Services) Guardrail Services (On -Call 115 Services) 116 Guardrail Services (On -Call Services) 117 Guardrail Services (On -Call 1 0035 0 Servlces) 118 Guardrail Services (On -Call Services? Type Item Description Curb Painting hlmimum' Reflective Pavement Markers Non -Reflective Pavement Markers Pavement Marker Minimum' Sign Installed an Existing PosVStreet Light Pole— Sign Installed on PosVPole" Install New Sign Post and Base Core Dn7Mng Sidewalk for Sign Post Relocate Existing Sign to New PosVPole Relocate Existing Sign to Existing PosVPole Relocate Existing Sign and Post Remove Existing Sign and Post Remove Existing Sign Post Sign & Post Installation Minimum' Metal Beam Guardrail Wooden Post Metal Beam Guardrail Installation Guardrail Installation Minimum' UOhI OTY Unit Line Total Response Price S MINIMUM 1 O 375D 00 Yes EACH 1 S6.00 Yes 0$60 505.0 EACH 1 55.00 Yes $075 EACH 1 575000 Yes EACH 1 7U . 530.70 Yes $300. EACH 1 S30.70 Yes EACH 1 500 $15000 Yes EACH 1 0035 0 535.00 Yes EACH1 700' S30.70 Yes EACH 1 7U , 530.70 Yes EACH 1 433. 593 43 Yes SOU EACH 1 $50.00 Yes EACH 1 94. S44.68 Yes 5075 MINIMUM 1 00 575000 Yes 518 PER LF 1 78 SIB 78 Yes - EACH 167 $9067 Yes W. PER LF 1 75 $46 75 Yes S1.2 MINIMUM 1 50.0 $t250.00 Yes 0 Comment BAND -ON EXISTING SIGN PANEL TO ROUND POLE OR POST SAME AS PREVIOUS ITEM FURNISH & INSTALL UNISTRUT POST ANCHOR & SLEEVE LABOR 8 EQUIPMENT TO CORE -DRILL HOLE ONLY FOR THE BENEFIT OF THE CITY ALL h1.B.G WORK SHOULD BE ON TIME & MATERIAL FOR THE BENEFIT OF THE CITY. ALL 10.13.G WORK SHOULD BE ON TIME & MATERIAL FOR THE BENEFIT OF THE CIN. ALL M.B.G. WORK SHOULD BE ON TIME & MATERIAL FOR THE BENEFIT OF THE CITY. ALL M.B G. WORK SHOULD BE ON TIME & 61ATP—RIAL. 9-31 City of Newport Seam ON CALL ROADVyAY SIGN AND STRIPING %WNTEMANCE. REPAIR AND iDNSTALLATION ;7971 .1 }, nagging an 016CA:0Z 1 4!M P41 ;PST Line Item Subtotals Section Title Main Bid (Award to be based on lowest total base bid, which consists of the sample project below.) BIDDERS MUST USE THE SAME UNIT COSTS AS LISTED IN YOUR ON-CALL UNE ITEMS IN CALCULATING THE BASE BID. BIDS THAT DO NOT MEET THIS REQUIREMENT MAY BE CONSIDERED NON-RESPONSIVE.* Striping (On -Call Services) Pavement Markings (On -Cull Services) - Curb Marking (On -Call Services) _..._. Page 9 of 4 Punted 03,'04,2021 Line Total : S15,193.71 $1,126.71 $1,376.64 S760.25: Pavement Markers (Each) (On -Call Services) S761.00 Sign & Post Installation (Each) (On -Call Services) 51,245.91 Guardrail Services (On -Call Services) S1,406.20 Grand Total$21,670.62` 'IareiB+ds ins 9-32 EXHIBIT C BID SUBMITTAL DOCUMENTS Orange County Striping Service, Inc. Page C-1 9.33 CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 11:00 AM on the 18th day of February, 2021, at which time such bids shall be opened and read for ON-CALL ROADWAY SIGN & STRIPING MAINTENANCE, REPAIR & INSTALLATION Contract No. 7971-1 $2001000 - 300,000 ANNUALLY ESTIMATED ON-CALL AGREEMENT AWARD pproved Ames M. Houlihan D uty PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via P[anetBids: hftp://www.planetbids.comiportallportal.cfm?Company[D=22078 Hard copy plans are available via Santa Ana Blue Print at (949)756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classification(s) required for this project. "C-32" For further information, call Brad Sommers, Project Manager at (949) 644-3326 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://newportbeachca.gov/government/open-transparen !online-services/bids-rfps- yendor-registration 9-34 City of Newport Beach ON-CALL ROADWAY SIGN & STRIPING MAINTENANCE, REPAIR & INSTALLATION Contract No. 7971-1 TABLE OF CONTENTS NOTICEINVITING BIDS..........................................................................................Cover INSTRUCTIONSTO BIDDERS...................................................................................... 3 BIDDER'S BOND............................................................................................................ 6 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD....................................................15 ACKNOWLEDGEMENT OF ADDENDA.......................................................................18 INFORMATION REQUIRED OF BIDDER.....................................................................19 NOTICE TO SUCCESSFUL BIDDER........................................................................... 21 CONTRACT.................................................................................................................. 22 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS.................................................................Exhibit C PROPOSAL.... .......................................................................................................... PR -1 SPECIALPROVISIONS............................................................................................ SP -1 2 9-35 City of Newport Beach ON-CALL ROADWAY SIGN & STRIPING MAINTENANCE REPAIR & INSTALLATION Contract No. 7971-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed Envelope) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractor shall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2"d Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid' shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 3. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Original, sealed copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.) The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 4. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 9-36 5. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 6. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 7. In :accordance with the California Labor Code (Sections 1770 ,et seq.), the Director of Industrial Re'lafions has ascertarned,the general prevailing rate of per diem wages n the locality in which the worlds to be performed for each craft; classification; or type of workman,or mechanic needed to execute the contract. A copy of said: etermination is available by calling the prevailing:wage hotline number {415) 703.4774, and requesting one from the Department of ndustrial Relations.. All � parties to the contract shall be governed by all provisions of: the California Labor Cbde — including, but not limited to, the,requiremerrt to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may 4 9-37 be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. if mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been reviewed. SA �0() O� �)7 4- 16 L:Ifn�rwa-- PY6�6cn� Contractor's License No. & Classification Authorized Signaturef itle 1bOoo0�s��� c���o�202� a� 021 DIR Registration Number & Expiration Date Date N -a a C'c Al ��(\Qn �r v\ce. Tnc . Bidder 5 9-38 City of Newport Beach ON-CALL ROADWAY SIGN & STRIPING MAINTENANCE,_ REPAIR & INSTALLATION Contract No. 7971-1 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of Amount Bid Dollars ($L 10% of AmtBid. ), to be paid. and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of ON-CALL ROADWAY SIGN & STRIPING MAINTENANCE, REPAIR & INSTALLATION, Contract No. 7971- 1 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after -the date -of the rrrailing-of 'Notification -of Award', othetwisethis otriigation-shall -become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 16th day of February zm*. Orange County Striping Service, Inc. Name of Contractor (Principal) The Ohio Casualty Insurance Company Name of Surety 790 The City Drive South, Suite 200 Orange, CA 92868 Address of Surety (714)634-5717 Telephone Richard L. Wells, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 9 9-39 .6 w C rq ai W rn ca Liberty mutum. SURETY This Power of Attorney limits the acts of those named herein, and (hey have no authority to bind the Company except In the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8204492-971991 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organii<Fd under the laws of the State of Indiana (herein collectively called the °Companiesl, pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Arlene Blechinger; Brian A. McGoldrick; Brigid Lopez; David Madden; Richard L. Wells; Sandy Sauey all of the city of Placentia state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on Its behalf as surety and as its act and deed, any and a¢ undertakings, bonds, recognizances and other surety obligations, In pursuance of these presents and shall be as binding upon the Companies as If they have been duly signed by the president and attested by the secretary of the Companies In their twin proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 13th day of November , 2020 . Liberty Mutual Insurance Company P� INSUR9 p -,f INS&.p,, 1NSUg4 The Ohio Casualty Insurance Company ooR°ORaTRQy 4P o°�O'�r �'n West American Insurance Company 3 �c rs• r Fo ° a r `Oo to 1912 o `1919 s 1991 r" 3 y s e° o a s0 d� �,�CtN as ° kAY4s` dad its ANC- I& ' By: David hi Carev. Assistant Secrelary of PENNSYLVANIA hr of -MONTGOMERY. On this 13th day of November , 2020 before me personally appeared David M. Carey, who acknowledged Himself to be the Assistant Secretary of Liberty Mutual Insurance ; Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes (herein contained by signing on behalf of the corporations by hfmseif as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Kling of Prussia, Pennsylvania, on the day and year first above wdtten. 0 P PAST 0 Q,5 `Ot+ty F( COMMONWEALTH OF PENNSYLVANIA !�Qu°aF f 4r�S y Notarial Sear G OF Teresa Pastada, Notary Pui>Ge Upper Merionrvry.. Montgomery County By: O My Commission Explres March 28.2021 ereSa Pastelta, NotW Pubic Ma rtber. PormsyWnla Assodatlan o1 NaiadesAy o This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 3 Insura=Company, and WestAmer€can Insurance Company which resolutions are now in full force and affectreadingasbUaws:. o —0 ARTICLE IV— OFFICERS: Section 12. Power of Attorney. o o t`a Any officer or other official of the Corporation authorized for that purpose In wdttng by the Chairman or the President, and subject to such limitation as the Chairman or the —0 U President may prescribe, shall appoint such attorneys-ir424 as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety cm any and all undertakings, bonds, recognizanoes and other surety obligations. Such aflomoys-in-fad, subject to the limitations set forth in thea respective powers of attorney, shall q Ir have full power to bind the Corporation by their signature and execution of any such Instruments and to attach thereto the seat of the Corporation. When so executed, such o Z c0i instruments shall be as bind€ng as If signed by the President and aftested to by the Secretary. Any power or authority granted to any representative or attorney-inrfact under the 72 provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority, ri ARTICLE XIII—Exacutimof Contradm.Sedim& Surety-Bondsard Undertakings: Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shag appoint such attorneys -in -fact, as may be necessary to act In behalf of the Company to make, execute, seal, acknowledge and deriver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attameys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by thea s€gnature and execution of any such instrumenls and to attach thereto the seat of the Company. When so executed such Instruments shall be as binding as I signed by the president and attested by the secretary. Certificate of Designation —The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomays-ln- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations- Authorization bligationsAuthorization —By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary oft{re Company, wherever appearing upon a certlf€ed copy of any power of allomey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the orfginat power of attorney of which the foregoing Is a full, true and correct copy of the Power of Attorney executed by said Companies, is In full force and effect and has not been revoked. IN TESTIMONY WHEREOF, t have hereunto set my hand and affixed the seals of said Companies this 16th day of February , 2021 . C% Lu,11 �p4p0.pG�y \OP?o DO�r�yc 1912 191 � a:9 " o a 1991 8y- �ps�9s�c.us ' D S° H,WPar aa� �s rNeu`NP as Renee C. lJeweityn, Assistant Secretary . leid LMS -12873 LMIC OCIC WAIC M+LB Co ar20 • i t ACKNOWLEDGMENT A notary public or other officer completing this certificate verities only the identity of -the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Bernardino } ss. On February 16 , 20 21 before me, Brigid Lopez, Notary Public , Notary Public, personally appeared Richard L. Wells who proved to me on the basis of satisfactory evidence to be the person(s) whose names) islare subscribed to the within -instrument -and acknowledged to rne-that-hefshefthey executed tete same In his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. BRIGID LOPEZ WITNESS"my hand andoffiofal'seai. o COMM. #228721, a o Notary Public • California o County 4. ` NIComm• E�eres May 2, 2023 ) Signature (seal) OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity(ies) claimed-by-Signer(s): Trustee Power of Attorney CEOICFO/COO President I Vice -President I Secretary / Treasurer Other: Other Information: Thumbprint of Signer Check here If no thumbprint or fingerprint Is avaiiabie. WJ ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CaLifornia County of Iss.`` ` On 2 LY'm befor me,n _ 1�NT%"M Notary Public, p sonally appeared � - -_�, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. .. �., BRn7ANYPATTERSCN WITNESS my hand and official seal. " - NotaryPublic- California " Orange County Commission N 2258770 Aly Comm. Expires Oct 17, 20221. w+w� Signature (seal) OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Thumbprint of Signer 70 Capacity(ies) claimed by Signer(s): Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: 7 Check here if no thumbprint or fingerprint is available. 9-42 CRV of Newport Beach ON-CALL ROADWAY SIGN & STRIPING MAINTENANCE, REPAIR &_INSTALLATION Contract No. 7971-1 DESIGNATION OF SUBCONTRACTOR(S) - AFFADAVIT State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Bidders must also include DIR registration numbers for each subcontractor. , �-q fv\ (YaLe VAJ, Bidder J I Authorized Signatureffitle 4 9-43 City of Newport Beach ON-CALL ROADWAY SIGN & STRIPING MAINTENANCE, REPAIR & INSTALLATION Contract No. 7971-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this forml!! Please print or type. Bidder's FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $150,000, provide the following information: No. 'I Project Name/Number Project Description Approximate Construction Dates: From 1`T� To:2 �2�5 j2Q2L Agency Name 1 Contact Person VAI t }' 11yf 2 Telephone (OCAS Original Contract Amount $_Final Contract Amount $15 �O 1U 3 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. VN D I N 10 0l(- \&-e G a -a No. 2 Project Name/Numbe Project Description Approximate Construction Dates: From �c,i L01�1 To: Agency Nam l 4 SDh <n�nb Contact Person 21�8 anal Telephone RR Om '�)- 8 na - 0 ri g i n a I Original Contract Amount $bS PSXFinaI Contract Amount $ aSS • 00 If final amount is different from original, please explain (change orders, extra work, etc.) CXJ Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NC) 1 t\0 No. 3 Project Name/Number Project Description `-H--O 3 6 Approximate Construction Dates: From Agency Name • WIRIM • Contact Person Telephone nI _14 q7-0 l-1 Original Contract Amount $tDUV1__.Final Contract Amount $LLA (6 s -7J J I If final amount is different from original, please explain (change orders, extra work, etc.) c)�Ood�e a A hx CorA,60, C* Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefl explain a indicate outcome of claims. \Z o Co 11 9-45 No. 4 ` Project Name/Numberac �TG` Project Description '�ff0x(- la S��Y, p'6�1�'• Approximate Construction Dates: From ?)I'\ To:213, 12(-�Z Agency Name Lit i A Cl \,-Ar a Contact Person M^�e L Telephone (h) WT7 S` Vo? - Original Contract Amount&5 bW inal Contract Amount $ 1, 27 S , 0IM, o 0 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. b i N\0 No. 5 Project Name/Numbe Project Description 40 M ILI . _.MIN t C_ � t. Approximate Construction Dates: From 2122 To: IsO 1 IL5 1 Zoll Agency NameayE V20Q \ n r Contact Person ]f�oen 1 Telephone QLS)LI'S;:) 1 LD Original Contract Amount $2M1� Final Contract Amount $2 sl%� 21 If final amount is different from original, please explain (change orders, extra work, etc,) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 'N 0 1 iN O 12 No. 6 Project Name/NumberLL 1 Project Description rxk �e 5��� Gia o -V LC 12 FmS4 Approximate Construction Dates: From ]� �� ZOZ 6 To:0 Agency Name Contact Person W1-) lra(7.Q Telephone IR) 73S'Sa-f - Original Contract Amount $V2Z Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. D Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Bidder3 Authorized Signature/Title 13 9-47 Ron Wilcox 183N. Pixley St. Orange, CA 928681C.- 562 -7130904 /ron(iDocstripine com SUMMARY Accomplished General Manager skilled in achieving operational efficiency and increasing job profitability. Business process improvement, data analysis, and asset management expert. Employs root cause analysis to identify job loss issues and develop process improvements that lead to cost savings. Exceptional coordinating and implementation capabilities. HIGHLIGHTS Experience 11/2015 to Present 04/1993 to 11/2015 • Business process improvements • Forecasting and planning • 23 years of field experience • Project management • Budgeting Project Manager Orange County Striping Service, Inc. Orange, CA • Coordinate and manage construction projects large and small • Maintain constant communication with all Prime contractors, General contractors and Sub contractors • Maintain hour goals set forth to minimize job loss and increase job profits • Identify job related hazards and implement new and improved processes and policies • Recruit / hire personnel to assist in job related tasks Field Representative / Laborer • Group 3 Journeyman skilled in all aspects of Highway / Roadway Striping projects • Thermoplastic striping and removal specialist • Roadway Sign installation / removal • Highway / Roadway markings and legend installation • Cat --track / Layout specialist N MW City of Newport Beach ON-CALL ROADWAY SIGN & STRIPING MAINTENANCE, _REPAIR & INSTALLATION Contract No. 7971-1 NON -COLLUSION AFFIDAVIT State of California } ) ss. County of fAn i �j} y irrN Oayl-dson being first my sworn, deposes and says that he or she is q(& -y of the party making the foregoing bid; that the bid is not made in the intere t of, or n be alf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. kianq Bidd Authorized Signature/Title Subscribed and swom to (or affirmed) before me on this day of MO(OrAU, 2021 by )N\m proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. [SEAL]•' 4 BRITTANY PATTERSON Notary Public - California x i > Orange County Commission N 2259770 °''�• My Camm. Expires 0 C t 17, 2022 14 I owl I I IMI My Commission Expires: 'Dd— • ,• City of Newport Beach_ ON-CALL ROADWAY SIGN & STRIPING MAINTENANCE, REPAIR & INSTALLATION Contract No. 7971-1 DESIGNATION OF SURETIES Bidder's name Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): Saab son me �o� dr��1 aoaxn-o C� �olU LO`c 's \\S0 r DTe aMC-W,\ac,O-e. 'eve SkAe. IW pIQCeAo' CAq Oo-uo 1,�(0-tOS�O 15 9-50 City of Newport Beach ON-CALL ROADWAY SIGN & STRIPING MAINTENANCE, REPAIR & INSTALLATION Contract No. 7971-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name tko.Af OOvr, 'Cf V1 �� 1C . Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 9-51 Current Record Record Record Record Record Year of for for for for for Record 2020 2019 2018 2017 2016 Total 2021_ Lo No. of contracts , b V] V) O� Total dollar lgb,3g,,z)o LbSV S, -i7 5V`1641,61 M\7-tMA1 3b -&A ,bcc 1-UPP163 OJO 15St l Amount of Contracts (in Thousands of $) No. of fatalities 0 O 0 O (D No. of lost Workday Cases d a 0 0 No. of lost workday cases involving O Q C) permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 9-51 Legal Business Name of Bidder i \CVICP�• Business Address: !P R2$lO $ Business Tel. No.: State Contractar's License No. and Classification: bgS eng Title Sl[_ (' to U On The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. if bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 17 9-52 1 S CIVE CODE t :c�t_ji t`•)' r a F�r..i.• i'-{r'�. �' ?rid r PJ f..::' 189 C:�Cc�..o.CaC.c� c�..wC_aY.w._cCC!cC .ciCCd.\.wQ!� �. C C.a .c�._w� • c :�C.� .ae.x..m.!�.w._w.!w .w !cam: s� .c�c.w . e.w.G��!c�CcCNm .cCef• A notary public or other. officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Calif 6f6&r)C2(— ia ) County of ) On before me,& ate personally appeared Insert Name and Title of the Name(s) of Signer(s) 2 L -y\ UJACcK who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENAL—1 Y OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. QoMy DRITFANY PATTERSONnNotary Public - California 71Orange County SignatureCommission N 1158770 Signatu f Notary Public Comm. Exptre5 Qct 17,1022 Place Notary Seal Above ®G'Tf®flfA!r Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Descripaion of Attached Document Title or Type of Document: _ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signev(s) Signer's Name: .A Corporate Officer — Title(s): El Partner — ❑ Limited ❑ General _I Individual C Attorney in Fact ❑ Trustee i`1 Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: 9 Corporate Officer — Title(s): ❑ Partner — O Limited General ❑ Individual O Attorney in Fact ❑ Trustee .❑ Guardian or Conservator rl Other: Signer Is Representing: _ GGCe�LVG�6.=.6�4!G�,<�T.iG:i':G`;Tv4:�0., a�4Cc� .._y".�i •m4�4�, -y<C�'!. '�' 'r�GC�G`.f� c' 'cr '"' �t�'�/4i�/L`T. d '�: i@ G'+'�Gh�:G'a' 'y6-iv<x+ox 'cr 'e c� National,62014 • Association - www.Nati• • • 1 stiffNOTARY 90 City of Newport Beach ON-CALL ROADWAY SIGN & STRIPING MAINTENANCE, REPAIR & INSTALLATION Contract No. 7971-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name Ofame C� �- The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 18 9-54 Page 1 of 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 ON CALL ROADWAY SIGN AND STRIPING MAINTENANCE, REPAIR AND INSTALLATION 7971- G t City Engineer: Date: V TO: ALL PROSPECTIVE BIDDERS The following changes, additions, deletions, or clarifications shall be made to the Contract Documents — all other conditions shall remain the same. A. BID OPENING (BID DUE) DATE: The Bid Opening Date shall be extended to Thursday, March 4; 2020 at 2:00: p. -.m. B. PROPOSAL (LINE ITEMS): Line Item No. 8: Revise to read "S -foot letter". Line Items No. 26 thru No. 68: Each applicable line item has been duplicated in order to allow separate line item pricing based on either a repaint over existing or new thermoplastic installation. New Line Item Numbers 26 thru 109. Line Item No. 58 and No. 59 (formerly Line Item No. 42): Revise to read "3 --foot Yield Line (shark -teeth)". Line Items No. 66 thru No. 97 (formerly Line Items No. 47 thru No. 64): Change Unit of Measure from LF to SF. Line Item No. 99 (formerly Line Item No. Line Item No. 66): Change Unit of Measure from Per LF to EACH. Line Items No. 66. and No. 67: Revise to read "18 -inch letter'. Line Items No. 69 thru No. 86 shall be renumbered to Line Items No. 102 thru 918. 9-55 Page 2 of 2 Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. smkLILO, Bidd is Na a (PlePrint) �-� Date n yt,�� n - Authorized Signature & Title 9-56 City of Newport Beach ON-CALL ROADWAY SIGN & STRIPING MAINTENANCE, REPAIR & INSTALLATION Contract No. 7971-1 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: U1Cf--Inc Business Address: lt;� N Plx�eu `C�P�C Nanac Telephone and Fax Number: -7 -(n;)q-Lt,S D V -L— Al California State Contractor's License No. and Class:-FJ-KooCl� CdA 4-Rrk�a- (REQUIRED AT TIME OF AWARD) Original Date Issued Expiration Date: List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: Ron WA e 0 k- V \rXnr-Aa-eX - The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone a � Sto2 O�OLI Corporation organized under the laws of the State of laYl(( `n 19 9-57 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; None Briefly summarize the parties' claims and defenses; f� Have you ever had a contract terminated by the owner/agency? If so, explain. I Have you ever failed to complete a,,Rro,ject? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor once (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes 1 No RZO 9-58 Are any claims or actions unresolved or outstanding? Yes 0 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. Of Bidder 11 �o C �JG�-'��son (Print name of Owner or President of Corporation/Company) )h im � ��w -�Ve5O aA Authorized Signature/Title Title Date On '(VU Q2421 before me, `l(�T�O'\-' 9CA\ke(,W) , Notary Public, personally appeared ' �m ` CAN-ef' SOrl , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. tdd) nm (SEAL) Notary Publia3l and for said State My Commission Expires: �� �� 2� Z� BRITTANY PATTERSON Notary Public - California z w Oradge County > Commission N 22587L,2jO22 My Comm. Expires Oct 1 21 9-59 City of Newport Beach ON-CALL ROADWAY SIGN & STRIPING MAINTENANCE, REPAIR & INSTALLATION Contract No. 7571-1 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement should be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. For ON-CALL WORWPROPOSALS $25,000 or more: a Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Bests Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 . mm City of Newport Beach ON-CALL ROADWAY SIGN & STRIPING [MAINTENANCE, REPAIR & INSTALLATION Contract No. 7971-1 SAMPLE CITY CONTRACT 23 9-61 City of Newport Beach ON-CALL ROADWAY SIGN & STRIPING MAINTENANCE, REPAIR & INSTALLATION Contract No. 7971-1 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid. Line.iterns) contained in Plane fBids.' Contractor SHALL sign the below acknowledgemerit Contractor SHALL ALSO include with this acknowledgement a copy of their firm's complete labor rate sheet. This labor rate sheet shall be used as part of the selected Contractor's contract exhibits). To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Scope of Services, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 7971-1 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices and labor rates for the work, complete in place, to wit: t 0IZozi Date Bidder's Telephone and Fax Numbers N�D(-Cts c3-\ �- CSQ- Bidder's License No(s). and Classification(s) T)OW051� DIR Registration Number Bidder's email address: PRA Dahue Cu��u �) 6\no, S'awc-e- fie, Bidde WA;�\ �i�� - R?,I\ 6 era Bidder's Authorized Signature and Title �rf�r\Ga CH �-�Cbg Bidder's Address 9-62 State of Califonrnia-Department of Transportation FRINGE BENEFIT STATEMENT OC-CEM-2501(REV,8/94) CONTRACTOR/SUBCONTRACTOR (PLEASE PRINT) CONTRACT NUMBER FEDERAL AND PROJECT ORANGE COUNTY STRIPING SERVICE, INC To: RESIDENT ENGINEER/ DISTRICT LABOR COMPLIANCE OFFICER BUSINESS ADDRESS 183 NORTH PIXLEY ORANGE, CA 92868 DATE The following information (as shown or referenced on wage rate determinations) paid to or on behalf of employees in various crafts or classifications is used to check payrolls or applied to force account work on the above contract. THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE FIRST CERTIFIED PAYROLL, OR WHEN THERE HAVE BEEN ANY CHANGES CLASSIFICATION Laborers Group IV Parking & Highway Painters FRINGE BENEFIT HOURLY AMOUNT $21.19 Name and address of Plan, Fund, or Program Effective Date Vacation ! Supplemental Dues $5.11 Construction Laborers Trust Funds For Southern California Health & Welfare 1 -Jul -20 $8.00 4399 Santa Anita Ave, Suite 200 Pension 44.11 $5.35 El Monte, CA 91731 Apprentice/Training $1.32 Telephone: 626 279-3007 Other $1.41 Facsimile: (626) 279-3094 CLASSIFICATION FRINGE BENEFIT HOURLY AMOUNT Laborers Group III Parking & Highway Painters $21.19 Vacation/Supplemental Dues Effective Date $5.11 Health & Welfare 1 -Jul -20 $8.00 Pension $42.37 $5.35 Apprentice/Training $1.32 Other $1.41 CLASSIFICATION FRINGE BENEFIT HOURLY AMOUNT Laborers Group II Parking & Highway Painters $21.19 Vacation/Supplemental Dues Effective Date $5.11 Health & Welfare 1-J u I-20 $8.00 Pension $40.36 $5.35 Apprentice/Training $1.32 Other $1.41 I certify under penalty of perjury that fringe benefits are paid to the approved Nians,runos,or Programs as ustea auuvc. NAME AND TITLE (PLEASE PRINT) KIM PATTERSON, PRESIDENT TUBE CEM 2501 (REV 8194) NESS TELEPHONE NUMBER 14) 639-4550 9-63 State of Califonrnia-Department of Transportation FRINGE BENEFIT STATEMENT OC-CEM-2501(REV.8194) CONTRACTOR/SUBCONTRACTOR (PLEASE PRINT) CONTRACT NUMBER FEDERAL AND PROJECT NUMBER DATE ORANGE COUNTY STRIPING SERVICE, INC To: DISTRICT LABOR COMPLIANCE OFFICER BUSINESS ADDRESS 183 NORTH PIXLEY ORANGE, CA 92868 The following information (as shown or referenced on wage rate determinations) paid to or on behalf of employees In various crafts or classifications is used to check payrolls or applied to force account work on the above contract. THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE FIRST CERTIFIED PAYROLL, OR WHEN THERE HAVE BEEN ANY CHANGES. CLASSIFICATION Laborers Group I Parking & Highway FRINGE BENEFIT HOURLY AMOUNT Name and address of Plan, Fund, or Program Painters $21.19 Effective Date $2.56 Vacation/Supplemental Dues Construction Laborers Trust Funds Effective Date $5.11 For Southern California Health & Welfare Pension 1 -Jul -20 $8.00 4399 Santa Anita Ave, Suite 200 Pension Apprentice/Training $39.06 $5.35 EI Monte, CA 91731 Apprentice/Training Other $1.32 Telephone: (626) 279-3007 Other I certify under penalty of perjury that fringe benefits are paid to the approved Plans,Funds,or Programs as listed above. NAME AND TITLE (PLEASE PRINT) $1.41 Facsimile: (626) 279-3094 CLASSIFICATION FRINGE BENEFIT HOURLY AMOUNT Laborers Parking & Highway Painters Apprentice Period 1 $11.23 Vacation/Supplemental Dues Effective Date $2.56 Health & Welfare 1 -Jul -20 $5.60 Pension 287 $1.61 Apprentice/Training $0.55 Other $0.91 CLASSIFICATION FRINGE BENEFIT HOURLY AMOUNT Laborers Parking & Highway Painters Apprentice Period 2 $11.23 Vacation/Supplemental Dues Effective Date $2.56 Health & Welfare 1 -Jul -20 $5.60 Pension 29.11 $1.61 Apprentice/Training $0.55 Other $0.91 I certify under penalty of perjury that fringe benefits are paid to the approved Plans,Funds,or Programs as listed above. NAME AND TITLE (PLEASE PRINT) KIM PATTERSON, PRESIDENT SIGNATURE IBUSINESS TELEPHONE NUMBER 4) 639-4550 CEM 2501 (REV 8194) • 0. State of Califonrnfa-Department of Transportation FRINGE BENEFIT STATEMENT OC-CEM-2501(REV.8l94) CONTRACTORISUBCONTRACTOR (PLEASE PRINT) CONTRACT NUMBER I FEDERAL AND PROJECT NUMBER DATE ORANGE COUNTY STRIPING SERVICE, INC To: DISTRICT LABOR COMPLIANCE OFFICER BUSINESS ADDRESS 183 NORTH PIXLEY ORANGE, CA 92868 The following information (as shown or referenced on wage rate determinations) paid to or on behalf of employees in various crafts or classifications is used to check payrolls or applied to force account work on the above contract. THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE FIRST CERTIFIED PAYROLL, OR WHEN THERE HAVE BEEN ANY CHANGES CLASSIFICATION Laborers Parking & Highway Painters FRINGE BENEFIT HOURLY AMOUNT Name and address of Plan, Fund, or Program Apprentice Period 3 $14.79 Vacation/Supplemental Dues Construction Laborers Trust Funds Effective Date $3.58 For Southern California Health & Welfare 1 -Jul -20 $6.40 4399 Santa Anita Ave, Suite 200 Pension 31.78 $2.14 EI Monte, CA 91731 Apprentice/Training $1.32 Telephone: (626) 279-3007 Other $1.35 Facsimile: (626) 279-3094 CLASSIFICATION FRINGE BENEFIT HOURLY AMOUNT Laborers Parking & Highway Painters Apprentice Period 4 $14.79 Vacation/Supplemental Dues Effective Date $3.58 Health & Welfare 1-J u I-20 $6.40 Pension 33.90 $2.14 Apprentice/Training $1.32 Other $1.35 I certify under penalty of perjury that fringe benefits are paid to the approved Plans,Funds,or Programs as listed above. NAME AND TITLE (PLEASE PRINT) KIM PATTERSON, PRESIDENT SIGNATURE CEM 2501 (REV 8194) TELEPHONE NUMBER 4) 639-4550 9-65 EXHIBIT D CITY OF NEWPORT BEACH BOND NO. LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to hereinafter designated as the "Principal," an agreement for maintenance and/or repair services, in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Dollars ( ), lawful money of the United States of America, said sum being equal to 100% of the amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), payable by the City of Newport Beach under the terms of the Agreement; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 of seq. of the Civil Code of the State of California. Orange County Striping Service, Inc. Page D-1 9-66 And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Agreement or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Agreement or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the day of , 20 Name of Contractor (Principal) Name of Surety Address of Surety Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: An Aaron C. Harp City Attorney Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Orange County Striping Service, Inc. Page D-2 9.67 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Orange County Striping Service, Inc. Page D-3 9-68 EXHIBIT E CITY OF NEWPORT BEACH BOND NO. FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ , being at the rate of $ thousand of the Agreement price. WHEREAS, the City of Newport Beach, State of California, has awarded to hereinafter designated as the "Principal," an agreement for maintenance and/or repair services in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a Bond for the faithful performance of the Agreement. NOW, THEREFORE, we, the Principal, and duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of ( ) lawful money of the United States of America, said sum being equal to 100% of the amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Agreement and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Agreement or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive Orange County Striping Service, Inc. Page E-1 O • notice of any such change, extension of time, alterations or additions of the Agreement or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the day of , 20 Name of Contractor (Principal) Name of Surety Address of Surety Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: Aaron C. Harp City Attorney Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Orange County Striping Service, Inc. Page E-2 9-70 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of I ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Orange County Striping Service, Inc. Page E-3 9-71 EXHIBIT F INSURANCE REQUIREMENTS — MAINTENANCE/RE PAIR/JANITORIAL SERVICES 1. Provision of 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 term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. 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. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers and employees. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance and, if necessary, umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of 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 each accident. Orange County Striping Service, Inc. Page F-1 9-72 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers and employees or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or 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. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Orange County Striping Service, Inc. Page F-2 9.73 B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Agreement Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. F. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. Orange County Striping Service, Inc. Page F-3 9.74 H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Contractor's 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. Orange County Striping Service, Inc. Page F-4 9-75