Agenda Item B.9
CPMS CONSENT CALENDAR
Meeting Date: June 7, 2022
TO: Mayor and Councilmembers
FROM: Charles W. Ebeling, Public Works Director
CONTACT: Paul Medel, Public Works Manager
SUBJECT: Award of Agreement for Citywide Annual Replacement of Traffic Striping and Pavement Markings for Fiscal Years 2022 through 2026
RECOMMENDATION:
Authorize the City Manager to execute a multi -year General Services A greement with Toro Enterprises Inc. for Citywide Annual Replacement of Traffic Striping and Pavement Markings for Fiscal Years 2022/23 through 2025/26, for a total contract amount not-to- exceed $400,000.00 over four years, with a termination date of June 30, 2026.
BACKGROUND:
The City executes maintenance agreements with various private contracting companies on an annual basis. This reduces the City’s ongoing personnel and equipment cost and allows the City to vary the level of services based on available funding and need.
The City’s current service agreement for Citywide striping has expired and is required in order to continue striping and pavement marking, painting services, and to provide for routine and emergency maintenance of the City’s traffic striping and pavement markings.
DISCUSSION:
The award of a Citywide Annual Replacement of Traffic Striping and Pavement Markings agreement provides for the painting of traffic striping, legends, crosswalks, bike lanes, pavement markers and other incidental striping work necessary as directed by staff.
Maintenance specifications and a maintenance bid package were developed for Citywide traffic striping and pavement marking services.
The Public Works Department solicited competitive bids for the Citywide Annual Replacement of Traffic Striping and Pavement Markings services on PlanetBids, the City’s electronic bidding website, and published a notice inviting bids twice in the Santa Barbara Independent. The bids were opened virtually via PlanetBids on January 13, 2022. 1 Meeting Date: June 7, 2022
The contract was bid as a unit price line-item contract and the low bidder was determined based on the comparison of the combined total amount of unit prices. The City received bids from Toro Enterprises Inc., Super Seal & Striping, Chrisp Company, and Sterndahl Enterprises. The apparent low bidder based on the bids received is Toro Enterprises Inc.
Public Works staff have reviewed the bid and all associated forms, investigated the contractor, and determined Toro Enterprises Inc. to be responsive to the bid solicitation.
Staff does not have reservations about the contractor’s ability to perform the advertised work. Therefore, Public Works staff recommend that City Council award and authorize the City Manager to execute an agreement for Citywide Annual Replacement of Traffic Striping and Pavement Markings Services with Toro Enterprises Inc. for an annual base amount of $100,000, and for a total contract not-to-exceed amount of $400,000 over four (4) years, with a termination date of June 30, 2026.
FISCAL IMPACTS:
There is sufficient funding budgeted in the proposed fiscal year 2022/23 budget for these Citywide Annual Replacement of Traffic Striping and Pavement Markings Services.
Budget will be programmed accordingly for the additional year s of service through FY 2025/26. The proposed funding was also included in the recently approved Measure A Program of Projects (POP). The table below summarizes the proposed fiscal year 2022/23 budget amounts and funding source account:
ALTERNATIVES:
The City Council may elect not to award this agreement and direct staff to re -bid the project. Doing so would delay Citywide Traffic Striping and Pavement Markings Services for the City of Goleta.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Michelle Greene
Assistant City Manager City Attorney City Manager
Citywide Annual Replacement of Traffic Striping and Pavement Markings Services
Account Fund Type
FY 22/23
Proposed
Budget
Activity /
Encumbrances
Total Available
Budget
205-50-5800-51074 Measure A $100,000 $ - $100,000
Total $100,000 $ - $100,000
2 Meeting Date: June 7, 2022
ATTACHMENTS:
1. Agreement with Toro Enterprises Inc. for Annual Replacement of Traffic Striping and Pavement Markings
3 ATTACHMENT 1
TORO ENTERPRISES INC. FOR ANNUAL REPLACEMENT OF TRAFFIC STRIPING AND PAVEMENT MARKINGS FOR 2022-2026
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Public Works Agreement with Toro Enterprises, Inc
Project Name: City Wide Annual Replacement of
Traffic Striping and Pavement Markings
AN AGREEMENT FOR GENERAL SERVICES
BETWEEN THE CITY OF GOLETA
AND
TORO ENTERPRISES, INC.
THIS GENERAL SERVICES AGREEMENT (“Agreement”), made
and entered
into this 7th day of June , 2022, by and between the CITY OF GOLETA, a municipal corporation (hereinafter referred to as "City"), and
TORO ENTERPRISES, INC, (hereinafter referred to as "Service Provider").
SECTION A. RECITALS
1. This Service Provider will be providing Traffic Striping and Pavement marking
services in conjunction with the Annual Replacement of Traffic Striping and Pavement Markings project; and
2. Service Provider represents that it is sufficiently experienced and capable of
providing the services agreed to herein and are sufficiently familiar with the needs of the City; and
3. Service Provider was recommended for award of this Agreement in compliance with Goleta Municipal Code Section 3.05.080.
4. The City Council, on
this 7th day of June, 2022, approved this
agreement and authorized the City Manager to execute the Agreement.
SECTION B. TERMS
1. RETENTION OF SERVICE PROVIDER
Ci
ty hereby retains Service Provider, and Service Provider hereby accepts such engagement, to perform City Wide Annual Replacement of Traffic Striping and Pavement Markings, as requested, and attached herein as Exhibit “A”. Service Provider warrants it has the qualifications, experience and facilities to properly and timely perform said services.
2. COMPENSATION AND PAYMENT
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Public Works Agreement with Toro Enterprises, Inc
(a) Maximum and Rate. The total compensation earned by or payable to the Service Provider, by the City, for any and all services under this Agreement are estimated to be $100,000 per fiscal year, and SHALL NOT EXCEED the sum of $400,000 over the life of the Agreement, and shall be earned on the following basis:
At the rates and with reimbursement to the Service Provider for those expenses set forth in Service Provider's Schedule of Fees marked Exhibit "B," attached and incorporated herein.
(b) Payment. All payments shall be made within 30 days after the Service Provider has provided the City with written verification of the actual compensation earned, which written verification shall be in a form satisfactory to the City's Project Manager.
3. CITY PROJECT MANAGER AND SERVICES BY CITY
The services to be performed by the Service Provider shall be accomplished under the general direction of, and coordinate with, the City's "Project Manager", as that staff person is designated by the City from time to time, and who presently is Paul Medel, Public Works Manager.
4. PROGRESS AND COMPLETION
Project Manager shall assign, in writing, Service Provider with discrete small projects, which shall in no event exceed $ 10,000 per project. Service Provider shall commence work on the services to be performed on each project as requested and authorized by the Project Manager.
For each discrete job requested by the Project Manager, Service Provider must respond to provide at least an initial assessment of the project. Service Provider will provide an estimate to the Project Manager and only start work upon written authorization from the Project Manager.
5. AGREEMENT PERFORMANCE
Non-Exclusivity. This Agreement is non-exclusive. City reserves the right to retain, employ, Agreement with other qualified providers of services during the term of this Agreement on such occasions and in such circumstances as City shall determine are appropriate.
Ability to Perform. The Service Provider warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws,
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Public Works Agreement with Toro Enterprises, Inc
ordinances, and regulations.
Laws to be Observed. The Service Provider shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of Goleta ordinances, regulations and adopted codes during its performance of the work.
Payment of Taxes. The Agreement prices shall include full compensation for all taxes which the Service Provider is required to pay.
Permits and Licenses. The Service Provider shall procure all permits and licenses, pay all charges and fees, and give all notices necessary.
Prevailing Wage. The Service Provider is obligated to pay prevailing wages under the California Labor Code. Service Provider agrees to indemnify, defend and hold City harmless from any claim that prev ailing wages should have been paid, and shall be liable for the payment of the same and any penalties thereon. It is the responsibility of the Service Provider to be familiar with the California Labor Code, and failure or neglect of the Service Provider to understand the California Labor Code shall in no way relieve him from any obligations.
Safety Provisions. The Service Provider shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety.
Preservation of City Property. The Service Provider shall provide and install suitable safeguards, approved by City, to protect City property from injury or damage. If City property is injured or damaged as a result of the Service Provider's operations, it shall be replaced or restored at the Service Provider's expense. The facilities shall be replaced or restored to a condition as good as when the Service Provider began work.
Immigration Act of 1986. The Service Provider warrant s on behalf of itself and all subcontractor Providers engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.
Service Provider Non-Discrimination. The Service Provider shall not discriminate based on race, color, gender, gender identity/expression, pregnancy, sexual orientation, disability, marital status, or any other characteristic protected under applicable federal or state law.
Work Delays. Should the Service Provider be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or
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omission of City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipmen t, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at City's sole option, be extended for such periods as may be agreed upon by City and the Service Provider. In the event that there is insufficient time to grant such extensions prior to the completion date of the Agreement, City may, at the time of acceptance of the work, waive liquidated damages which may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same.
Inspection. The Service Provider shall furnish City with every reasonable opportunity for City to ascertain that the services of the Service Provider are being performed in accordance with the requirements and intentions of this Agreement.
All work done and all materials furnished, if any, shall be subject to City's inspection and approval. The inspection of such work shall not relieve Service Provider of any of its obligations to fulfill its Agreement requirements.
Audit. City shall have the option of inspecting and/or auditing all records and other written materials used by Service Provider in preparing its invoices to City as a condition precedent to any payment to Service Provider.
Interests of Service Provider. The Service Provider covenants that it presently has no interest, and shall not acquire any interest, direct or indirect or otherwise, which would conflict in any manner or degree with the performance of the work hereunder. The Service Provider further covenants that, in the performance of this work, no subcontractor or person having such an interest shall be employed. The Service Provider certifies that no one who has or will have any financial interest in performing this work is an officer or employee of City. It is hereby expressly agreed that, in the performance of the work hereunder, the Service Provider shall at all times be deemed an independent Service Provider and not an agent or employee of City.
6. TERM
This Agreement shall expire on June 30, 2026, subject to annual approval of budget on July 1st of each year.
7. OWNERSHIP OF DOCUMENTS
All drawings, designs, data, photographs, reports and other documentation (other than Service Provider's drafts, notes and internal memorandum), including duplication of same prepared by Service Provider in the performance of these services, shall become the property of the City upon termination of the consulting services pursuant to this Agreement and upon payment in full of all compensation
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then due Service Provider. If requested by the City, all, or the designated portions of such, shall be delivered to the City. The City agrees to hold the Service Provider harmless from all damages, claims, expenses and losses arising out of any reuse of the plans and specifications for purposes other than those described in this Agreement, unless written authorization of the Service Provider is first obtained.
8. PERSONAL SERVICES/NO ASSIGNMENT/SUBSERVICE PROVIDER
This Agreement is for general services which are personal to City. Tyson Rising, Bid Coordinator is deemed to be specially experienced and is a key lead for services provided, and shall be directly involved in performing, supervising or assisting in the performance of this work. This key person shall communicate with, and periodically report to, City on the progress of the work. Should any such individual be removed from assisting in this contracted work for any reason, City may terminate this Agreement. Service Provider must ensure that subcontractors must adhere to all applicable provisions of this Agreement relating to providing services to City.
9. HOLD HARMLESS AND INDEMNITY
(a) Hold Harmless for Service Provider's Damages. The Service Provider holds the City, its elected officials, officers and employees, harmless from all of Service Provider's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to the Service Provider, to the Service Provider's employees, to Service Provider’s Service Providers or subcontractor, or to the owners of the Service Provider's firm, which damages, losses, injuries or liability occur during the work or services required under this Agreement, or occur while Service Provider is in a City building or on City property, or which are connected, directly or indirectly, with the Service Provider's performance of any activity or work required under this Agreement.
(b) Defense and Indemnity of Third Party Claims/Liability. Service Provider shall investigate, defend, and indemnify the City, its elected officials, officers and employees, from any claims, lawsuits, demands, judgments and all liability including, but not limited to, mone tary or property damage, lost profit, personal injury, wrongful de ath, general liability, aut omobile, infringement of copyright/patent/trademark, professional errors and omissions arising out of, directly or indirectly, an error, a negligent act or negligent omission of the Service Provider or of Service Provider’s subcontractor, or the willful misconduct of the Service Provider or Service Provider’s Service Providers/subcontractor, in performing the services described in, or normally associated with, this type of contracted work. The duty to defend shall include any suits or actions in law or equity concerning any activity, product or work required under this Agreement, and also include the payment of all court costs, attorney fees, expert witness costs,
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investigation costs, claims adjusting costs and any other costs required for and related to such litigation.
(c) Nonwaiver . The City does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by the City, or the deposit with the City, of any insurance certificates or policies described in section 10.
10. INSURANCE
Service Provider shall, at Service Provider’s sole cost and expense, provide insurance as described herein. All insurance is to be placed with insurers authorized to do business in the State of California with an A.M. Best and Company rating of A- or better, Class VII or better, or as otherwise approved by City.
Insurance shall include the following (or broader) coverage:
a) Insurance Services Office Commercial Liability coverage “occurrence” form CG 00 01 or its exact equivalent with an edition date prior to 2004 and with minimum limits of $1,000,000 per occurrence and $2,000,000 in the aggregate.
b) Insurance Services Office form number CA 00 01 or equivalent covering Automobile Liability, including hired and non-owned automobile liability with a minimum limit of $1,000,000 per accident. If the Service Provider owns no vehicles, this requirement may be satisfied by a non-owned and hired auto endorsement to Service Provider’s commercial general liability policy.
c) Workers’ Compensation insurance complying with California worker’s compensation laws, including statutory limits for workers’ compensation and an Employer’s Liability limit of $1,000,000 per accident or disease.
Liability insurance policies required to be provided by Service Provider hereunder shall contain or be endorsed to contain the following provisions:
a) Except for professional liability insurance, City, its employees, officials, agents and member agencies shall be covered as additional insureds.
Coverage shall apply to any and all liability arising out of the work performed or related to the Agreement. Additional insured status under the general liability requirement shall be provided on Insurance Services Office Form CG 20 10, with an edition date prior to 2004, or its equivalent. Additional insured status for completed operations shall
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be provided either in the additional insured form or through another endorsement such as CG 20 37, or its equivalent.
b) General and automobile liability insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insu rer’s liability. Coverage will not be limited to City’s vicarious liability.
c) Except for professional liability insurance, liability coverage shall be primary and non-contributing with any insurance maintained by City.
d) Evidence of coverage (including the workers’ compensation and employer’s liability policies) shall provide that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except after 30 days’ prior written notice has been given to City. Such provision shall not include any limitation of liability of the insurer for failure to provide such notice.
e) No liability insurance coverage provided to comply with this Agreement shall prohibit Service Provider, or Service Provider’s employees, or agents, from waiving the right of recovery prior to a loss. Service Provider waives its right of recovery against City.
f) Service Provider agrees to deposit with City within fifteen days of Notice to Proceed of the Agreement certificates of insurance and required endorsements.
g) There shall be no recourse against City for payment of premiums or other amounts with respect to the insurance required to be provided by Service Provider hereunder. Any failure, actual or alleged, on the part of City to monitor compliance with these requirements will not be deemed as a waiver of any rights on the part of City. City has no additional obligations by virtue of requiring the insurance set forth herein. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Service Provider or City will withhold amounts sufficient to pay premium from Service Provider payments.
h) Service Provider agrees to provide immediate notice to City of any claim or loss against Service Provider arising out of the work performed under this Agreement. 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.
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11. RELATION OF THE PARTIES
The relationship of the parties to this Agreement shall be that of independent contractor and that in no event shall Service Provider be considered an officer, agent, servant or employee of City. The Service Provider shall be solely responsible for any workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the described work.
12. TERMINATION BY CITY
The City, by notifying Service Provider in writing, may upon five (5) calendar days notice, terminate any portion or all of the services agreed to be performed under this Agreement. In the event of such termination, Service Provider shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the time of termination shall be payable by City to Service Provider within 30 days following submission of a final statement by Service Provider.
13. CORRECTIONS
The Service Provider shall correct, at its expense, all errors in the work which may be disclosed during the City's review of the Service Provider's work.
Should Service Provider fail to make such correction in a reasonably timely manner, such correction shall be made by the City, and the cost thereof shall be charged to Service Provider.
14. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by Service Provider of the final payment made under this Agreement shall operate as and be a release of the City from all claims and liabilities for compensation to Service Provider for anything done, furnished or relating to Service Provider's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within five (5) calendar days of the receipt of that check, which ever occurs first. However, any approval or payment by the City shall not constitute, nor be deemed, a release of the responsibility and liability of Service Provider, its employees, subcontractors, agents and Service Providers for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the City for any defect or error in the work prepared by Service Provider,
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Public Works Agreement with Toro Enterprises, Inc
its employees, subcontractor, agents and Service Providers.
15. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified.
16. CONFLICT OF INTEREST
Service Provider is unaware of any City employee or official that has a financial interest in Service Provider's business. During the term of this Agreement and/or as a result of being awarded this Agreement, the Service Provider shall not offer, encourage or accept any financial interest in Service Provider's business by any City employee or official. If a portion of Service Provider's services called for under this Agreement shall ultimately be paid for by reimbursement from and through an Agreement with a developer of any land within the City or with a City franchisee, the Service Provider warrants that it has not performed any work for such developer/franchisee within the last 12 months, and shall not negotiate, offer or accept any Agreement or request to perform services for that identified developer/franchisee during the term of this Agreement.
17. GOVERNING LAW
This Agreement, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California and, should litigation occur, venue shall be in the Superior Court of Santa Barbara.
18. CAPTIONS
The captions or headings in this Agreement are for convenience only and in no other way define, limit or describe the scope or intent of any provision or section of the Agreement.
19. ENTIRE AGREEMENT BETWEEN PARTIES
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Except for Service Provider’s proposals and submitted representations for obtaining this Agreement, this Agreement supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering of services, and contains all of the covenants and agreements between the parties with respect to said services.
20. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:
TO CITY: Michelle Greene, City Manager
City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
TO SERVICE PROVIDER: Toro Enterprises, Inc.
2101 E. Ventura Blvd
Oxnard, CA 93036
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Public Works Agreement with Toro Enterprises, Inc
21. COUNTERPARTS AND ELECTRONIC/FACSIMILE SIGNATURES
This Agreement may be executed in several counterparts, which may be facsimile or electronic copies. Each counterpart is fully effective as an original, and together constitutes one and the same instrument.
CITY OF GOLETA SERVICE PROVIDER
_____________________________ ________________________________ Michelle Greene, City Manager Sean Castillo, President
A T T E S T :
____________________________ _______________________________ Deborah Lopez, City Clerk Jerry Hannigan, CFO/Treasurer
APPROVED AS TO FORM:
MEGAN GARIBALDI, CITY ATTORNEY
____________________________
Winnie Cai, Assistant City Attorney
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Public Works Agreement with Toro Enterprises, Inc
EXHIBIT A
SCOPE OF WORK AND GENERAL SPECIFICATIONS FOR FY 2022-2024
ANNUAL REPLACEMENT OF TRAFFIC STRIPING AND PAVEMENT
MARKINGS
IN THE CITY OF GOLETA,
CALIFORNIA
SCOPE OF WORK
The work to be done consists of furnishing all materials, equipment, tools labor, and incidentals as required by the standards and specifications in this scope of work. The general items of work include painting and repainting of traffic striping and pavement markings, replacement of missing markers, the installation of new reflective pavement markers/markers, and the removal of obsolete and/or unnecessary striping and pavement markings. All work shall include the cleaning of soil and debris from areas to be striped prior to actual striping.
LOCATION OF WORK
Locations of striping to be determined by Public Works Staff as needed.
MATERIALS AND STANDARD SPECIFICATIONS
Materials. Paint for traffic striping shall be rapid dry. Paint for crosswalks, stop bars, arrows other pavement legends and curb markings shall be ready-mixed rapid dry type.
Per list of streets, restripe every existing line and marking on the roadway pavement and replace reflective markers and bot-dots where they are missing as needed.
Ready-mixed paints shall be suitable for use on either asphalt concrete or Portland cement concrete.
Application. Paint shall be applied in two coats. For those locations where raised pavement markers are to be installed on painted stripes, paint shall be applied in two coats. The second coat of paint shall be applied no less than 24 hours from application of the first coat. Each coat of paint shall include glass beads.
Any cost increase greater than 10% must be approved by the City Manager.
SIGNING, STRIPING, AND PAVEMENT MARKERS
All equipment, materials, and components for striping, and the installation
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thereof, shall conform to the Caltrans Standard Plans, dated May 2010 and Standard Specifications, Section 56, "Signs," Section 84, "Traffic Stripes and Pavement Markings," and Section 85, “Pavement Markers,” dated May 2010 except as noted in the Special Provisions and on the Plans. These Plans and Specifications are hereinafter referred to as State Standard Plans and State Standard Specifications. Copies of these documents are available from Caltrans, District 5 office at 50 Higuera Street, San Luis Obispo, CA 93401-5415 or from Caltrans, 6002 Folsom Boulevard, Sacramento, California 95819, (916) 445-3520.
All materials required for the completion of work as shown on the Plans shall be provided by the Service Provider.
TRAFFIC STRIPES AND PAVEMENT MARKINGS
Description. Traffic stripes, pavement markings, and curb marking shall be paint unless otherwise directed.
Control of Alignment and Layout. The Service Provider shall furnish the necessary control points for all striping, markings and shall be responsible for the completeness and accuracy thereof to the satisfaction of the city inspector.
When no previously applied figures, markings, or traffic striping are available to serve as a guide, suitable layouts shall be spotted in advance of the permanent paint application. Traffic lines may be spotted by using a rope as a guide for marking spots every 5-feet, by using a marking wheel mounted on a vehicle, or by any other means satisfactory to the Engineer.
The Service Provider shall mark or otherwise delineate the traffic lanes in the new roadway or portion of roadway.
The Service Provider shall provide an experienced technician to supervise the location, alignment, layout, dimensions, and application of the paint.
Spotting shall be completed prior to the removal of any existing stripes.
Existing stripes and markings shall be removed prior to painting new stripes and markings, but in no case shall any section of street be left without the proper striping for more than 24 hours, or over weekends or holidays.
Existing traffic stripes (including raised pavement markers), pavement legends, and markings shall be removed by wet sandblasting per Section 15-
2.02B, "Traffic Stripes and Pavement Markings," and Section 15-2.02C, "Pavement Markers," of the State Standard Specifications.
All thermoplastic grindings shall be disposed of per State Standard Stormwater SWIIP regulations.
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Paint markings shall not be grinded, rather old paint markings shall be painted over with black cover paint or left to decay entirely over time.
PAVEMENT MARKERS
Placement of Adhesive for raised pavement markers shall be rapid set type epoxy.
The Standard Specifications set forth above will control the general provisions, construction materials, and construction methods for this contract except as amended by the specifications, or the paragraphs set forth below.. The following paragraphs are supplementary and in addition to the provisions of the Standard Specifications unless otherwise noted and the section numbers referred to in the following paragraphs coincide with those of the said Standard Specifications. Only those sections requiring elaborations, amendments, specifying of options, or additions are called out.
EQUIVALENT MATERIALS
Approval of equipment and materials offered as equivalents to those specified must be obtained in writing from the AGENCY. Request for consideration of equivalents must be submitted in writing allowing sufficient time for complete consideration of all specification, samples, references, tests, and other details to the full satisfaction of the AGENCY. Requests for substitution of equipment and materials and submission of substantiating data must be submitted in writing no later than thirty-five (35) days after award of the contract.
TIME FOR COMPLETION
The Service Provider shall complete all assigned work in every detail within thirty (30) consecutive working days after the date in the Notice to Proceed, exclusive of maintenance periods, except or otherwise agreed upon due to already scheduled road resurfacing.
CONSTRUCTION, SCHEDULE AND COMMENCEMENT OF WORK
DELIVERABLES: At least two weeks prior to the start of assigned work, the Service Provider shall furnish to the Public Works Manager a schedule of work showing the Service Provider's planned sequence of operations. The Schedule shall show the manner of traffic control planned for the projected work, such as partial closures, two flagmen present at all times to control traffic. The list showing lane closures shall be prepared for each day.
Such schedule shall be subject to the review and approval of Public Works Manager. No work shall be done until the Public Works Manager and Service Provider have agreed to the schedule to be followed by the Service Provider.
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Prior to issuing the Notice to Proceed, the Public Works Manager will schedule and conduct a pre-Striping meeting with the Service Provider to review the proposed Striping schedule and delivery dates and to clarify inspection procedures.
ORDER OF WORK
Unless directed otherwise by the Public Works Manager, the order of the various work activities shall be completed at the discretion of the Service Provider (This includes night work per Public Safety).
PROSECUTION OF WORK
The Service Provider shall submit weekly progress reports to the Public Works Manager. The report shall include updated construction schedule. Any deviations from the original schedule shall be explained.
EXTENSION OF TIME
Requests for an extension of time must be delivered to the Public Works Manager within five consecutive calendar days following the date of the occurrence which caused the delay. The request must be submitted in writing and must state the cause of the delay, the date of the occurrence causing the delay, and the amount of additional time requested. This shall be included as part of the construction schedule required above. Requ ests for extensions of time shall be supported by all evidence reasonably available or known to the Service Provider which would support the extension of time requested. Requests for extensions of time which are not received within the time specified above shall result in the forfeiture of the Service Provider's right to receive any extension of time requested.
If the Service Provider is requesting an extension of time because of weather, he/she shall supply daily written reports to the Public Works Manager describing such weather, and the work which could not be performed that day because of such weather or conditions resulting therefrom and which he/she otherwise would have performed.
WORKING DAY
The Service Provider's activities are normally restricted to the hours between 7:00 a.m. to 7:00 p.m. Monday through Friday, excluding holidays as designated by the City. However, with advanced warning to affected property owners, striping may be conducted during the evening hours. Deviation from these hours will not be permitted without the prior consent of the Public Works Manager except in emergencies involving immediate hazard to persons or property.
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TRAFFIC AND ACCESS
The Service Provider will be required to maintain at least one lane of traffic in each direction and two flag men/women to control traffic throughout the project at all times in a manner satisfactory to the City Manager. It is the Service Provider's responsibility to provide cones, barric ades, lights and any other measures necessary for regulation of traffic.
BARRICADES
All traffic control barricades, signs and devices used by the Service Provider shall, at a minimum, conform to the "Manual of Warning Lights and Devices," adopted by and in current use by the State of California, Department of Transportation. Channelization devices shall be spaced no greater than 25 feet apart. The Service Provider shall take additional precautions as he/she may find necessary under the circumstances.
Should Service Provider fail to provide adequate traffic control or safety barricades, and in the event a responsible individual cannot be located or refuses to perform, the Agency will at its option place needed devices or engage a private firm to place and maintain said barricades, which will be charged to Service Provider directly.
STREET CLOSURES WILL NOT BE ALLOWED.
PARTIAL AND FINAL PAYMENT
The closure date for period progress payments will be the twenty-fifth day of each month. Authorization to pay is commonly received on the second Monday of the following month. However, payments will be withheld pending receipt of any outstanding reports required by the scope of work. .
The full ten-percent retention will be deducted from all payments. The final retention will be authorized for payment thirty-five days after the date of recordation of the Notice of Completion.
The Service Provider may substitute securities for any monies withheld by the Agency to ensure performance under the contract as provided in Public Contract Code Section 22300.
EMERGENCY INFORMATION
The names, addresses, and telephone numbers of the Service Provider and subcontractors, or their representatives, shall be filed with the City Manager and the County Sheriff's Department prior to beginning work.
20 City of Goleta
Public Works Agreement with Toro Enterprises, Inc
EXHIBIT B
SCHEDULE OF FEES
21