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PCI A2017-129AGREEMENT NO. A2017-129 BETWEEN THE CITY OF CHINO HILLS AND PCI FOR THREE-YEAR ON-CALL INSTALLATION OF PAVEMENT MARKINGS, MARKERS, AND STRIPING SERVICES THIS AGREEMENT ("Agreement") is made and entered into this 13th day of June, 2017, by and between the CITY OF CHINO HILLS, a general law city and municipal corporation ("CITY") and PCI, a ("CONTRACTOR"). The Parties agree as follows: 1. CONSIDERATION. A. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONTRACTOR for CONTRACTOR's services not to exceed sum(s) as set forth in the price list set forth in Exhibit A and Work Orders to be prepared by the Public Works Director or his designees, but in no event more than $75,000 cumulatively each year. CITY will pay this sum(s) on the basis of the hourly rates and cost reimbursement rates as specified in Exhibit A 2. TERM. The term of this Agreement will be from July 1, 2017, to June 30, 2020. This Agreement may be extended for three, one-year periods in advance in writing by both the CITY's City Manager and the CONTRACTOR. 3. SCOPE OF SERVICES. A. CONTRACTOR will perform installation of pavement markings, markers, and striping services for maintenance and repair purposes only, as listed in the attached Exhibit "A," at the rates indicated therein, which is incorporated by reference. The provisions contained in this Agreement will supersede any conflicting provisions in Exhibit "A". B. The specific services required of CONTRACTOR under this Agreement will be set,forth in Work Orders approved by CITY and CONTRACTOR in advance in writing, in response to specific project scopes of work and services including a schedule for starting and completing the tasks. Compensation for the specific services shall also be set forth in Exhibit A. Work Orders may be executed by the City Manager or Director of Public Works. All Work Orders issued under this Agreement cannot exceed a cumulative yearly amount of $75,000. All work in the Work Order will be subject to all terms and Page 1 of 11 provisions of this Agreement. Copies of all Work Orders shall be kept on file in the CITY's Engineering Division of the Public Works Department. C. Installation of pavement markings, markers, and striping services required by CITY will be provided on an as -needed basis with CITY determining and advising CONTRACTOR as to when specific services are required to be performed or completed by CONTRACTOR. D. CONTRACTOR will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement. 4. PREVAILING WAGES. A. Pursuant to Labor Code § 1720, and as specified in 8 California Code of Regulations § 16000, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR's responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. CONTRACTOR must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. B. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY's Engineering Division or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD. CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site. C. CITY directs CONTRACTOR's attention to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor. D. Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except: i. When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or ii. When the number of apprentices in training in the area exceeds a ratio of one to five, or Page 2 of 11 iii. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or iv. When CONTRACTOR provides evidence that CONTRACTOR employs regis- tered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. V. CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. vi. CONTRACTOR and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices. vii. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. E. CONTRACTOR and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this Agreement. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by CITY, CONTRACTOR must provide copies of the records at its cost. 5. PAYMENTS. A. For CITY to pay CONTRACTOR as specified by this Agreement and as set forth in each approved Work Order, CONTRACTOR must submit a detailed invoice to CITY. B. Payments shall be made within thirty (30) days after receipt of each invoice as to all invoiced undisputed fees. If the City disputes any of CONTRACTOR's fees it shall give written notice to CONTRACTOR within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. In particular, payment will be withheld or deducted in the following circumstances: a. Work required in the specifications which is defective, incomplete, or not performed. b. Failure of the CONTRACTOR to make payments properly to employees, subcontractors, or vendors for materials or services provided (e.g. Stop Notices). C. Expenses incurred by the CITY to perform work required in the specifications that is defective, incomplete or not performed. d. Costs incurred by the CITY due to extra administrative costs for additional inspections and subsequent correspondence/notifications to correct items. Page 3 of 11 C. All work will be subject to all other terms and provisions of this Agreement. 6. FAMILIARITY WITH WORK. A. By executing this Agreement and any Work Order, CONTRACTOR represents that CONTRACTOR has i. Thoroughly investigated and considered the scope of services to be performed; ii. Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONTRACTOR discover any latent or unknown conditions that may materially affect the performance of the services, CONTRACTOR will immediately inform CITY of such fact and will not proceed except at CONTRACTOR's own risk until written instructions are received from CITY. 7. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONTRACTOR will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Commercial general liability: Business automobile liability Workers compensation Limits combined single) $2,000,000 $1,000,000 Statutory requirement. B. Commercial general liability insurance will meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by City will be excess thereto. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City. C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). Page 4 of 11 D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. CONTRACTOR will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at CONTRACTOR's expense and deduct the cost of such insurance from payments due to CONTRACTOR under this Agreement or terminate. 8. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this Agreement until: A. CONTRACTOR furnishes proof of insurance as required under Section 7 of this Agreement; and B. CITY issuance of a Work Order. C. Should CONTRACTOR begin work in advance of receiving written authorization to proceed, any such services are at CONTRACTOR's own risk. 9. TERMINATION. A. Except as otherwise provided, upon determination of the CITY's Public Works Director that the quality of the workmanship being performed by the CONTRACTOR does not meet the standards set by the CITY as outlined in the specifications, and/or if the CITY's Public Works Director determines that the CONTRACTOR has failed to comply with any of the provisions of the Agreement, the CITY may terminate this Agreement at any time. Notice of termination will be in writing. B. CONTRACTOR may terminate this Agreement upon providing written notice to CITY at least thirty (30) days before the effective termination date. C. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. D. By executing this document, CONTRACTOR waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. Page 5 of 11 10. INDEMNIFICATION. A. CONTRACTOR indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of this Agreement, or its performance, except if due to the sole negligence of the City. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONTRACTOR will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise. B. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and certified volunteers. C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. 11. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which is it performed. CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only. 12. SUBCONTRACTORS. The CONTRACTOR shall not award work under this Agreement to any Subcontractor. 13. NOTICES. A. All notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery or by mail. Such noticing does not include day- to-day communications between CITY's and CONTRACTOR's project managers. Notice sent by mail will be addressed as follows: To CITY: City of Chino Hills Attn: City Clerk 14000 City Center Drive Chino Hills, CA 91709 To CONTRACTOR: PCI Attn: William Jacob 975 W. 1 st Street Azusa, CA 91702 Page 6ofII B. When addressed in accordance with this paragraph, notices will be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery. C. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 14. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number, 15. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 16. CONSTRUCTION. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party. 17. SEVERABLE. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 18. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 19. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a waiver of any other provision, nor will such waiver constitute a continuing waiver. 20. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in San Bernardino County. 21. AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned upon approval and ratification by the City of Chino Hills City Council. This Agreement is not binding upon CITY until executed by the City Manager. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement. CITY's city manager may execute any such amendment on behalf of CITY. 22. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, its attachments, the purchase order, or notice to proceed, the provisions of this Agreement will govern and control. 23. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, war, terrorist act, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' control, then the Agreement will immediately terminate without obligation of either party to the other Page 7 of 11 24. ENTIRE AGREEMENT. This Agreement and Exhibit A, and any Work Order that may be executed pursuant to the terms of this Agreement constitute the sole agreement between CONTRACTOR and CITY respecting the services provided. To the extent that there are additional terms and conditions contained in Exhibit "A" and any Work Orders that are not in conflict with this Agreement, those terms are incorporated as if fully set forth above. There are no other understandings, terms or other agreements expressed or implied, oral or written. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibit A and any subsequently executed Work Order; this Agreement supersedes any conflicting provisions. Exhibit A: Scope of Services takes precedence over any Work Order. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF CHINO HILLS Ray Marquez Mayor ATTEST: 6iQ�5x Cheryl Balz City Clerk �1�.Z�P� � _ �r�l��]I►�i� Mark D. Hensley City Attorney (Signature) VV1111ow1 6, JA(&- F019i'dor- (Title) (Signature) (Title) Page 8 of 11 Exhibit A Scope of Work: 1. The CITY will identify areas of work in each Work Order which will include estimated linear footage of striping, number/type of pavement markers, and a quantity and description of pavement markings to be installed. a. Traffic striping and markings shall be installed in accordance with the latest edition of the Manual for Uniform Traffic Control Devices (MUTDC), Caltrans Specifications. b. All work must be performed between the hours of 7:00 AM and 4:00 PM, Monday through Friday. No Saturday, Sunday or Holiday work is to be scheduled without the permission of the CITY. C. Traffic Control: Warning signs, lights, arrow -boards, barricades, cones and devices shall be installed and displayed in conformity with the latest edition of the MUTCD. d. Traffic stripes, pavement markings/markers, and thermoplastic crosswalks shall conform to the dimension and details in accordance with Caltrans specifications and the attached CITY standard plans. Completed traffic stripes and crosswalks shall have clean and well-defined edges without running or deformation, shall be uniform, shall be straight on tangent alignment, and shall be on a true arc on curved alignment. Drips, overspray, improper markings, and paint material tracked by traffic shall be immediately removed from the pavement surface by methods approved by the CITY. e. All pavement markings shall be installed using standard stencils (not metric). f. Paint Spills or Defective Workmanship: The CONTRACTOR will have ten (10) working days to clean up or correct any unsatisfactory work. Removal of paint shall be done by water blasting or wet sandblasting. Removal of thermoplastic shall be done by grinding. After sandblasting and grinding, area shall be cleaned. The CITY shall after ten (10) working days retain the right to retain another CONTRACTOR to perform the corrective work; and to bill the CONTRACTOR time and material for said work. g. Application Rate and Requirements: Paint and beads shall be applied at the following rates and in conformance with the following requirements: (1) Broken single stripes shall have an alternating pattern of seven -foot (7') painted sections and seventeen -foot (17') unpainted sections. Double solid lines shall be four inches (4") in width; each separated by a three-inch (3") black painted line. (2) All striping, pavement markings and legends shall be 2 coats and the application thickness shall be 10-12 mils per coat and per the latest Caltrans Standard Specifications. (3) The CONTRACTOR shall take all reasonable precautions to protect the paint during drying time and shall be required to remove all objectionable tracking. (4) Application of thermoplastics shall conform to the latest Caltrans Standard Specifications. Thermoplastics application thickness shall be 0.06 inch minimum. Glass beads shall be applied immediately to the surface of the molten thermoplastic material at a rate of not less than 8 pounds per 100 square feet. The amount of glass beads applied shall be measured by stabbing the glass bead tank with a calibrated rod. (5) CONTRACTOR must complete the Work Order within ten (10) working days from the day that the Work Order was issued. Page 9 of 11 Exhibit A (Continued) 2. Services provided pursuant to any Work Order shall be provided at the price set forth in the Fee Schedule set forth below. AppendlX. "Schedule lain In ft prc►poaed cost tor'each lterrM OW: slopIno Cost per unwarFoot 44richeir9lb yellow — solidi A t -44a 0ie • !LOP 4l K �,- e a4 Is white • a 4 k ch- lowv - solid with black ire middle gnc-t WhI16 i!,rlkl Bike lane Ognch white - Bike lane Skl $ $-Inch whke - sLl 12 -inti white - solid $ 1ltafectN*.*nd.Rsl"d Pavennent Mork:*W' Cost per uMt �e ra r 4 -Inch l6 -- ve rahed marker 4 -inch yolow - reffecilve marker WN Lle dIrWI n $ 1.60 4 -Inch p1low - reflec*m marker dual direalcn $ -41-60 140.00 " 44roch white- non,reAective raised rker'. $ 160.90 -Inch white - retleditre marker (slrxge direc tIon _ $ .0 -inch white - reflec*vernarker dual direction $ 0 +ft -4h bluer --reflective marker duet dtredJon ...__.._.<........ ..., $_ 1110 MISW Marken Voll oe ceramic t.*gprrdaiPavement Markings Cost per unit (each) Stop Lopnd w Wt*e Stop Ahead. White $ p' rel Ahead • VVttite $ 140.00 " Do Not Block lnWrsecdon -White , 160.90 Bike lane (Texi Only) - White 100,60 Bike lane Arrow - White $ 2 00 ThroqghfrurrVMeMg Arrow - Whke S Umit Num • White $, Page 10 of 11 Miscellanecrua Cost per Linear Foot 124r h Thorma tic Crosswalk,ite 1-250 LF 261-500 L .Q Over 500 LF $ ' « 12-Inch Thermoplastic Crosswalk Yellow $ 1=250 LF ._AA 251 -SW LF Over SM LF $ Wet Sand Blasting (based on 44nch s Wide 1— 500 LF, 501-1000 LF' Over 1000 LF Cost per unit, (each) Removal of nary-refecWe or relied ve markers $ Page 11 of 11