IFB 2216 Street Striping and Marking ContractDec 18, 2017 · On-Call Pavement Striping and Marking Notice is hereby given that proper bids will be received at the Purchasing Office

54

CONTRACT

Project: On-Call Pavement Striping and MarkingBid No: IFB No. 2216Amount of Contract: Not-to-exceed $100,000.00

THIS CONTRACT, made this 20th day of February, 2018, by and between the City of Milpitas,hereinafter referred to as the "City of Milpitas", a Municipal Corporation and Sierra TrafficMarkings, Inc., a California corporation, hereinafter referred to as "Contractor",

WITNESSETH:

WHEREAS, the City of Milpitas has caused specifications, drawings and other contract documents,hereinafter referred to as "Specifications", to be prepared for certain work on the referenced project;and

WHEREAS, said Specifications include: IFB No. 2216 for On-Call Pavement Striping andMarking, in its entirety, all Addenda, and the following documents by this reference are herebyoffered as a part of the contract to be awarded:

a. Notice of Invitation for Bidb. Minimum Qualificationsc. Instructions to Biddersd. Terms and Conditionse. IFB No. 2216 - Special Conditionsf. Special Provisions for Servicesg. Bid Formh. Bidders Statement Regarding Insurance Coveragei. Worker’s Compensation Formj. Non-Collusion Affidavitk. Nondiscriminatory Employment Certificatel. Apprenticeship Standards Certificatem. Contractor Referencesn. Payment Bond (ONLY REQUIRED BY WINNING BIDDER)o. Contractor Guarantyp. Exhibit A – Insurance Requirements – Generalq. Exhibit B – Scope of Work and Technical Specificationsr. Exhibit D – Sample Option Notices. Exhibit E – Drawingst. Exhibit F – Project Acceptance and Releaseu. Exhibit G - Copy of Bidder’s C-23 Contractors Licensev. Exhibit H - Department of Industrial Relations Prevailing Wage Determination

WHEREAS, Contractor has offered to perform the proposed work in accordance with the terms andconditions of said Specifications as set forth by submission of the Contractor's Bid and further asagreed upon by the parties as set forth herein;

15

1

City of Milpitas

NOTICEINVITATION FOR BID

Bid No. 2216

On-Call Pavement Striping and Marking

Notice is hereby given that proper bids will be received at the Purchasing Office until January 30,2018, by 2:00 p.m. local time, at which time they will be opened and read for furnishing anddelivering:

On-Call Pavement Striping and Marking at Various City of Milpitas Sites

in accordance with the City of Milpitas plans, specifications, and contract documents.

SUBMITTING THE BID: The City of Milpitas requires that bids be submitted electronically.Electronic bids are to be submitted through a secure mailbox at Public Purchase(www.PublicPurchase.com) until the date and time indicated in this document. It is the soleresponsibility of the supplier to ensure their bid reaches Public Purchase before the closing date andtime. There is no cost to the bidder to submit City of Milpitas bids electronically via PublicPurchase. Electronic bids require the uploading of electronic attachments. The submission ofattachments containing embedded documents is prohibited. All documents must be attached asseparate Microsoft Word, Excel, or PDF documents only.

Registration. All bidders must register on Public Purchase. To receive registration instructions callthe Purchasing Division at 408-586-3163 or email a request for registration instructions [email protected].

Specifications. Specifications may be examined and obtained at no charge on the Public Purchasewebsite or by calling 408-586-3163.

Optional Pre-Bid Conference. An optional pre-bid meeting is scheduled for Tuesday, January 16,2018 at 2 p.m. local time in the 1st floor Committee Meeting Room at the City of Milpitas City Halllocated at 455 E. Calaveras Boulevard. While not mandatory, interested Bidders are stronglyencouraged to attend.

Contractor’s License. All Bidders shall be licensed under the provisions of Chapter 9, Division 3 ofthe Business and Professions Code of the State of California to do the type of work contemplated inthe project. The Successful Bidder shall possess a valid Contractor's License issued by the Contractor'sState License Board at the time the contract is awarded. The class of license shall be a C-23 Parkingand Highway Improvement Contractor, or any other classification applicable to the work specifiedin the contract. Each bidder shall also have no less than five (5) years of experience in the magnitudeand character of the work bid.

Prevailing Wages. Pursuant to provisions of Section 1770, et seq., of the Labor Code of the State ofCalifornia, it shall be mandatory upon the Contractor to pay its employees the general prevailing rateof wages as determined by the Director of the Department of Industrial Relations. In addition, the

2

Contractor shall be responsible for compliance with the requirements of Section 1777.5 of theCalifornia Labor Code relating to apprentices on public works contracts.

Payment Bond. Pursuant to Civil Code 3247, for work involving an expenditure of greater thanTwenty-Five Thousand Dollars and Zero Cents ($25,000.00) the Successful Bidder will be requiredto furnish a Payment Bond in an amount equal to one hundred percent (100%) of the total amount ofthe contract before commencement of work and conforming to the contract documents.

Substitution of Securities. The Contractor shall be permitted to substitute securities for any monieswithheld by the City of Milpitas to ensure performance under this contract, such substitution to besubject to the limitations and requirements of Public Contract Code Section 22300.

Chris SchroederPurchasing Agent

3

City of Milpitas

INVITATION FOR BID

No. 2216

for

On-Call Pavement Striping and Marking

Date Issued: December 18, 2017

Bid Deadline: January 30, 2018 at 2 p.m. PST

Issued By:City of Milpitas

Purchasing Division455 E. Calaveras Blvd.

Milpitas, CA 95035-5479

4

IFB No. 2216 On-Call Pavement Striping and Marking

TABLE OF CONTENTS

IFB SCHEDULE 4MINIMUM QUALIFICATIONS 5INSTRUCTIONS TO BIDDERS 6TERMS AND CONDITIONS 14IFB No. 2216 SPECIAL CONDITIONS 19SPECIAL PROVISIONS FOR SERVICES 20LIST OF DOCUMENTS TO BE RETURNED WITH BID 26BID FORM 27BIDDER’S STATEMENT REGARDING INSURANCE COVERAGE 31WORKER’S COMPENSATION INSURANCE CERTIFICATE 32NON-COLLUSION AFFIDAVIT 33NONDISCRIMINATORY EMPLOYMENT CERTIFICATE 34APPRENTICESHIP STANDARDS CERTIFICATE 37LOCAL PURCHASING PREFERENCE CERTIFICATE 38CONTRACTOR REFERENCES 39SUBCONTRACTOR REFERENCES 40SUBCONTRACTOR LIST 41SUBCONTRACTOR’S ACCEPTANCE OF SOLICITATION REQUIREMENTS 42CERTIFICATE OF COMPLIANCE INSURANCE OF SUBCONTRACTORS 43PAYMENT BOND 44CONTRACTOR GUARANTY 46EXHIBIT A - INSURANCE REQUIREMENTS – GENERAL 47EXHIBIT B - SCOPE OF WORK AND TECHNICAL SPECIFICATIONS 50EXHIBIT C - SAMPLE CONTRACT 54EXHIBIT D – SAMPLE OPTION NOTICE 56EXHIBIT E – DRAWINGS 57EXHIBIT F – PROJECT ACCEPTANCE AND RELEASE 65EXHIBIT G - COPY OF BIDDER’S C-23 CONTRACTORS LICENSE 66EXHIBIT H - COPY OF BIDDER’S DIR PREVAILING WAGE DETERMINATION 67

IFB SCHEDULE(The City reserves the right to amend the schedule below as necessary).

The following table outlines the City’s tentative schedule for this solicitation. All time references arein Pacific Standard Time.

Task Scheduled Date1. IFB published and released December 18, 20172. Optional Pre-Bid Meeting (2:00 p.m.) January 16, 20183. Last Date for Questions (2:00 p.m.) January 22, 20184. Bid Due Date and Time (2:00 p.m.) January 31, 20185. Check References February 6, 20186. Contract Approval at City Council Meeting on February 20, 20187. Contract Execution March 2, 20188. Services Start March 20, 2018

5

MINIMUM QUALIFICATIONS

Interested Bidders must comply with public bidding requirements applicable to the work to beperformed and as otherwise set forth in the Instructions to Bidders. Furthermore, the Bidder must bedeemed responsible and responsive to the IFB in order for their bid to be considered. To be deemedresponsive, all submittal requirements included on the List of Documents to Be Returned with Bidmust be included in the bid submission. In order to be considered responsible, interested Biddersmust meet the following minimum qualifications:

LicensingRequired State Contractors License: C-23 Parking and Highway Improvement Contractor

or General Contractor

DIR Prevailing Wage Determination:Craft/Classification: Laborer Group 3(A)

Determination NC-23-102-1-2016-1Issue Date: 8/22/2017

This classification is only suggested and may not be the only applicable classification. TheSuccessful Bidder is responsible for determining what is appropriate for their company and is solelyresponsible for whatever classifications are submitted with this bid.

1.) Where applicable all bidders are required to include the California Department of IndustrialRelations Labor Classification printout for each classification used in the bid.

2.) All bidders are required to submit a copy of their C-23 Parking and Highway ImprovementContractor License, or other applicable license as Attachment G.

Experience and PersonnelBidders must be a prime contractor, skilled, and consistently engaged in the license class statedabove for the past five (5) years. Bidders must be qualified to perform paving services of similarscope to this solicitation. Bidders must demonstrate a verifiable past history of responsiveness,technical expertise, and professionalism in the field of On-Call Pavement Striping and Marking topublic entities with facilities of similar size to the City of Milpitas.

• Contractor’s personnel assigned to the contract awarded from this IFB shall each have aminimum of five (5) years training and experience in paving services of similar scope to thissolicitation.

• Contractor will ensure that a full-time employee is assigned to the job as supervisor for theduration of the contract and that he or she speaks English and has three (3) years ofsupervision experience in paving work of similar scope to this solicitation.

These minimum qualifications shall be maintained throughout the contract duration.

6

INSTRUCTIONS TO BIDDERS

ACCEPTANCE PERIOD. Unless otherwise specified herein, bids remain open and are firm for aperiod of ninety (90) calendar days from the Bid submission deadline.

ACCESSIBILITY. All Bidders shall fully inform themselves regarding any peculiarities andlimitations of the spaces available for the performance of work under this contract. Bidders shallexercise due and particular caution to determine that all parts of thier work are made quickly andeasily accessible.

ADDENDA. Addenda issued pursuant to this IFB, if any, will be posted on the Public Purchasewebsite. However, it is the sole responsibility of the Bidder to check the website and/or contact thePurchasing Agent directly to determine that they have included all addenda in their Bid beforesubmitting it to the City.

APPRENTICESHIP STANDARDS. Attention is directed to the provisions in Sections 1777.5 and1777.6 of the California Labor Code concerning the employment of apprentices by the Contractor orany subcontractor under them.

AUTHORIZED SIGNATURES. Every bid must be signed by the person or persons legallyauthorized to bind the Bidder to a contract for the execution of the work. Upon request of the City ofMilpitas, any agent submitting a bid on behalf of a Bidder shall provide a current power of attorneycertifying the authority of the agent to bind the Bidder. If an individual makes the bid, his or hername, signature, and post office address must be shown. If a firm or partnership makes the bid, thename and post office address of the firm or partnership and the signature of at least one of thegeneral partners must be shown. If a corporation makes the bid, the bid shall show the name of thestate under the laws of which the corporation is chartered, the name and post office address of thecorporation and the title of the person signing on behalf of the corporation. Upon request of the Cityof Milpitas, the corporation shall provide a certified copy of the bylaws or resolution of the board ofdirectors showing the authority of the officer signing the bid to execute contracts on behalf of thecorporation.

AWARD OF CONTRACT. The City shall award the bid to the lowest responsive, responsiblebidder who shall give such security as the City of Milpitas may require. The City reserves the rightto accept or reject any and all bids. The City will award on the basis of the total bid.

BID FORMS. Bids shall be made on the blank forms prepared and provided by the City of Milpitas.Bids shall give the prices proposed, both in writing and in figures, shall give all other informationrequested herein, and shall be signed by the bidder or authorized representative, with the appropriateaddress. If an individual makes the bid, his or her name, signature, and post office address must beshown. If a firm or partnership makes the bid, the name and post office address of the firm orpartnership and the signature of at least one of the general partners must be shown. If a corporationmakes the bid, the bid shall show the name of the state under the laws of which the corporation ischartered, the name and post office address of the corporation, and the title of the person who signs on

Any Bid submitted that does not acknowledge all addenda issued may beconsidered non-responsive. Addenda, if any, should be acknowledged on the IFB

Bid Form in the space provided on Page 27 of this solicitation.

7

behalf of the corporation. If the corporation makes the bid, a certified copy of the bylaws or resolutionof the board of directors of the corporation shall be furnished showing the authority of the officersigning the Bid to execute contracts on behalf of the corporation.

BID MODIFICATIONS. Any Bidder who wishes to make modifications to a bid already received bythe City of Milpitas must withdraw their bid in order to make the modifications. Withdrawals must bemade in accordance with the terms and conditions of this solicitation (see BID WITHDRAWL/EDIT).All modifications must be made in ink, properly initialed by Bidder’s authorized representative,executed, and submitted in accordance with the terms and conditions of this solicitation. It is theresponsibility of the Bidder to ensure that a modified or withdrawn bid is resubmitted before theSubmittal Deadline.

BID RESULTS. Bids results are available for download from the Public Purchase website

BID WITHDRAWAL/EDIT. Only the Bidders authorized representative(s) may withdraw or edit theBid any time before the bid closes by taking the following steps:

1. Click on title of Bid from the Public Purchase vendor home page2. Click on "Edit Response to Bid"3. Click on the trash can next to the Bid document to delete the file, or click on "Upload File" to

upload a new Bid response document.

After that time, Bidders may not withdraw their Bids for a period of ninety (90) days from the BidSubmittal Deadline. At no time may the Successful Bidder withdraw their Bid.

BIDDER AGREEMENT TO TERMS AND CONDITIONS. Submission of a signed bid will beinterpreted to mean Bidder has agreed to all the terms and conditions set forth in the pages of thisbid.

BIDDER IS SOLE POINT OF CONTACT. The Successful Bidder will be the sole point of contact.The City of Milpitas will look solely to the Successful Bidder for the performance of all contractualobligations which may result from an award based on this IFB, and the awarded Bidder shall not berelieved for the non-performance of any or all sub-Bidders.

CALIFORNIA LABOR CODE PROVISIONS. Certain provisions of the California Labor Code arerequired for Public Projects. Therefore the Successful Bidder will be required to comply with theCalifornia Labor Code Section 1720 Et Seq. Please pay special attention to this section and refer toyour legal counsel if you have any questions regarding its application.

CANCELLATION OF SOLICITATION. The City of Milpitas may cancel this solicitation at anytime.

CLEAN-UP It is the Contractor’s responsibility to properly dispose of all rubbish and wastematerials according to applicable federal, state and local health, safety, and environmental laws,ordinances, rules and regulations. Should the Contractor neglect or refuse to remove suchunsatisfactory work or materials within forty-eight (48) hours after the receipt of the abovementioned notice, or if they fail to make satisfactory progress in doing so, the City may cause saidwork or materials to be removed and charges to the Contractor. Such expense shall be deducted fromany monies due or to become due the Contractor under the agreement.

8

CLEAN-UP COST. Bidder shall include in the bid all costs for cleanup during performance andupon completion of work on this project. Successful Bidder will remove all unused equipment andinstruments of service, all excess or unsuitable material, trash, rubbish and debris, and legallydispose of same, unless otherwise directed by these specifications. Successful Bidder shall leaveentire area in a neat, clean, and acceptable condition as approved by Robert Hill, Public WorksManager.

COMMUNICATION. All respondents to this IFB must comply with the specified communicationrequirements. Any respondent/Bidder who conducts, arranges or otherwise participates incommunication concerning this IFB with parties or methods not provided for in this IFB, shall besubject to disqualification. Such communication includes contact with City of Milpitas electedofficials or staff regarding this IFB.

The City of Milpitas is not responsible for any explanation, clarification, interpretation, or approvalmade or given in any manner, except by written addendum.

COMPLIANCE WITH LAWS. All bids shall comply with current federal, state, local, and otherlaws relative thereto.

CONFLICT OF INTEREST. Pursuant to Government Code 1090 and any other laws, rules andregulations that may apply, the Bidder/Bidder covenants that neither it, its sub-Bidders noremployees presently do not have an interest, and shall not acquire any interest, direct or indirect,financial or otherwise that would conflict in any manner or degree with contract awarded from thissolicitation. Bidder/Bidders certifies that to the best of their knowledge, no one who has or will haveany financial interest in the contract awarded from this solicitation is an officer or employee of theCity of Milpitas. Through its submittal of a bid Bidder acknowledges that it is familiar with Section87100 et seq. and Section 1090 et seq. of the Government Code of the State of California and willimmediately notify the City if it becomes aware of any facts concerning the contract to be awardedthat constitute a violation of said provisions.

CONTRACT DOCUMENTS, EXAMINATION OF. It is the responsibility of the Bidder tocarefully and thoroughly examine and be familiar with legal and procedural documents, generalconditions, all bid forms, specifications, drawings, plans, and addenda (if any), hereinafter referredto as Contract Documents. Bidder shall satisfy themselves as to the character, quantity, and qualityof work to be performed and materials, labor, supervision, equipment, and appurtenances necessaryto perform the work as specified by the Contract Documents. The failure or neglect of the Bidder toexamine the Contract Documents shall in no way relieve them from any obligations with respect tothe bid or contract. The submission of a bid shall constitute an acknowledgment upon which the Cityof Milpitas may rely that the bidder has thoroughly examined and is familiar with the contractdocuments. The failure or neglect of a bidder to receive or examine any of the contract documentsshall in no way relieve the bidder from any obligations with respect to the bid. No claim will beallowed for additional compensation that is based upon a lack of knowledge of any bid document.

CONTRACTOR’S LICENSE. At the time of award, the Successful Bidder must possess a validCalifornia Contractor's License issued by the Contractor's State License Board for the classification(s)of work specified in the contract documents. Bidders must provide a copy of their Contractor’slicense number, classification, and expiration date on their bid form a copy of the Bidder’s

9

Contractor’s License shall be included in the bid response as Exhibit G – Copy of Bidder’s C-23Contractor’s License.

DEFINITION OF TERMS. For the purposes of this IFB, the following definitions will be used:a. Contract. A legally binding document executed by two or more parties or by issuance of a

purchase order (accepting a bid/quote) for the provision of agreed goods and/or services.b. Bidder. The term “Bidder” refers to the party entering into a contract with the City of

Milpitas as a result of this solicitation. Same as Successful Bidder, Contractor, Supplierand/or Vendor.

c. May. Indicates something that is not mandatory but permissible.d. Must/Shall. Indicates a mandatory requirement. A bid that fails to meet a mandatory

requirement will be deemed non-responsive and not be considered for award.e. Bid. The offer submitted by the Bidder.f. IFB. Invitation for Bid; same as Solicitation.g. Responsible. Respondent to a solicitation who:

1. Possesses adequate financial resources, or the ability to obtain such resources asrequired during the performance of the contract; and

2. Has the ability to comply with the proposed delivery or performance schedule, takinginto consideration available expertise and any existing business commitments; and

3. Has no record of unsatisfactory performance, lack or integrity, or poor businessethics; and

4. Is otherwise qualified and eligible to receive an award under applicable statutes andregulations; and

5. Has the ability to comply with all applicable laws and regulations regarding licensesand regulations.

h. Responsive. Responsive means one whose bid substantially complies with all requirementsof the IFB. If a bid is seemed to be non-responsive or non-responsible, or both, writtennotification of such determination and the reasons thereof will be sent to the respondent tothe solicitation.

i. Should. Indicates something that is recommended but not mandatory. Failure to do what"should" be done will not result in rejection of your Bid.

j. Submittal Deadline. The date and time on or before all bids must be submitted.k. Successful Bidder. The person, Bidder, or firm to whom the award is made.

DEPARTMENT OF INDUSTRIAL RELATIONS – REGISTRATION. As of April 1, 2015 allcontractors and subcontractors must be registered with the California Department of Industrialrelations to bid on a public works job.

DISQUALIFICATION OF BIDDER. If there is reason to believe that collusion exists among thebidders, the City of Milpitas may refuse to consider bids from participants in such collusion. Noperson, firm, or corporation under the same or different name, shall make, file, or be interested in morethan one bid for the same work unless alternate bids are called for. A person, firm, or corporation whohas submitted a sub-Bid to a bidder, or who has quoted prices on materials to a bidder, is not therebydisqualified from submitting a sub-bid or quoting prices to other bidders. A reasonable ground forbelieving that any bidder is interested in more than one Bid for the same work will cause the rejectionof all Bids for the work in which a bidder is interested. If there is reason to believe that collusion existsamong the bidders, the City of Milpitas may refuse to consider Bids from participants in suchcollusion.

10

ENGINEERS ESTIMATE. The value of the project is estimated to be in the range of One HundredThousand Dollars and Zero Cents ($100,000.00) per year. This esimated amount is not a guaranteeof work. It is only an estimate based on historical usage.

EXPERIENCE AND COMPETENCY. The Successful Bidder shall be skilled and regularly engagedin the general class or type of work called for under the contract. The Successful Bidder shall also haveno less than five (5) years of experience in the magnitude and character of the work bid. Each Biddershall be set forth their experience on the form entitled Bidder’s Experience and submit it with their bid.It is the intention of the City of Milpitas to award a contract to a Bidder who furnishes satisfactoryevidence that they possess the requisite experience, ability, sufficient capital, and facilities to enablethemselves to prosecute the work successfully and properly and to complete it within the timespecified in the contract. To determine the degree of responsibility to be credited to the Bidder, theCity of Milpitas will weigh any evidence that the Bidder has performed satisfactorily other contracts oflike nature, magnitude, and comparable difficulty and comparable rates of progress. In selecting thelowest responsive and responsible Bidder, consideration will be given to the general competency ofthe Bidder for the performance of the work specified in the contract documents.

FIRM PRICE PERIOD. Bids shall remain open and firm for a period of not less than ninety (90)calendar days from the date of the bid opening.

FORMATION OF CONTRACT. Bidder’s signed bid, and City of Milpitas’ contract signed by bothparties and approved by City Council shall constitute a binding contract.

INFORMED BIDDER. Bidders are expected to fully inform themselves as to the conditions,requirements, and specifications before submitting bids. Failure to do so will be at the bidders’ ownrisk, and they cannot secure relief on the plea of error.

INK OR TYPEWRITTEN. All information, prices, notations, signatures, and corrections must be inink or typewritten. Mistakes may be crossed out, and corrections typed or printed adjacent to themistake and initialed in ink by the person signing the Bid.

INTERPRETATION OF CONTRACT DOCUMENTS. If any person is in doubt as to the truemeaning of any part of the specifications or other contract documents or finds discrepancies oromissions in the specifications, they may submit a written request for an interpretation or correctionthrough the Public Purchase website no later than seventy-two (72) hours before the time announcedfor opening the bids. When the City of Milpitas considers interpretations necessary, interpretationswill be in the form of an addendum to the contract documents, and when issued, will be posted onthe Public Purchase website. All such addenda shall become a part of the contract. Oral and otherinterpretations or clarifications shall be without legal or contractual effect. It is the responsibility ofeach Bidder, including any prospective Bidder who obtained a set of contract documents fromanyone other than Public Purchase, to check the website for addenda prior to submitting any bid.

To submit questions: 1) Log into the Public Purchase website; 2) click on the title of the solicitationand the solicitation page will open up; 3) find on the right-hand side of the page under “Questions”,then click on [View/Ask questions]; and 4) type in your question or request for clarification.Responses to questions/requests for clarification will be sent via e-mail notification to all registeredBidders.

The deadline for asking questions related to this IFB is:

11

January 22, 2018 at 2:00 p.m. (local time)

Questions answered on Public Purchase are considered to be a part of or clarification to theInvitation for Bid and are considered to be addenda to be acknowledged by Bidders on the Bid Form.The City may also issue a separate addendum document in response to questions/requests forclarification. It is the responsibility of each Bidder to ensure that they have registered on PublicPurchase to receive all notifications.

LATE BIDS. Bids not received by the Bid Deadline will not be accepted by Public Purchase.

LOCAL PURCHASING PREFERENCE. Purchases or contracts executed in excess of Five ThousandDollars and Zero Cents ($5,000.00) for supplies, materials, equipment and certain nonprofessionalservices allow for application of a local purchasing preference. The City grants preference to a localprovider who submits a bid within ten percent (10%) of the lowest responsible bidder and who isotherwise responsive and responsible to the invitation for bids, which preference shall allow the localprovider the opportunity to reduce its bid to an amount equal to the amount of the lowest responsiblebid, if the lowest responsible bid is submitted by other than an Eligible Local Provider. In the event anEligible Local Provider reduces its bid to the amount of the lowest responsible bid, the Eligible LocalProvider shall be deemed to have provided the lowest responsible bid and shall be awarded thecontract.

LOCAL PROVIDER CERTIFICATION. The local provider shall certify under penalty of perjury, as apart of its bid and using the Local Preference Certification form provided by the City, that they bidderqualifies as a local provider. The purchasing preference shall be waived if the Local PreferenceCertification form is not submitted with the respective bid.

MEASUREMENTS. It is the responsibility of the Bidder to make all measurements to determinetheir bid price. The City will not be responsible for determining the quantities of materials necessaryto complete the work specified.

NON-COLLUSION AFFIDAVIT. Bidders are required to submit a completed and signed Non-Collusion Affidavit with their bids.

OFFERS OF MORE THAN ONE PRICE. Bidders are NOT allowed to submit more than one bid.

PRICE DISCREPANCIES. If there is more than one bid item in a bid schedule, and the total indicatedfor the schedule does not agree with the sum of prices of the individual bid items, the prices bid on theindividual items shall govern and the total for the schedule will be corrected accordingly. TheContractor will be bound by said corrections, subject to the provisions of Section 5100 et seq. of theCalifornia Public Contract Code.

PUBLIC AGENCY (“Piggyback Clause”). It is intended that any other public agency be permittedto purchase under the terms submitted in response to this procurement. Any participating publicagency shall accept sole responsibility for the placing of orders, arranging for delivery and/orservices, and making payments to the Contractor. The City of Milpitas will not be liable orresponsible for any obligations, including but not limited to financial responsibility, in connectionwith participation by other public agencies.

12

PRICES. All bids shall give the prices proposed, both in writing and in figures, shall give all otherinformation requested herein, and shall be signed by the Bidder’s authorized representative. Bid pricesshall include everything necessary for the completion of the work and fulfillment of the contractincluding but not limited to furnishing all materials, equipment, tools, facilities and all management,superintendence, labor, services, fees, taxes, licenses and permits required to complete the work inaccordance with the contract documents, except as may be provided otherwise in the contractdocuments. The work and the bid price shall also include providing the necessary safety precautionssuch as barricades, warning signs for protection of the public and any necessary cleanup that isrequired to restore the work site to a satisfactory condition. Any items shown on the plans or details ordescribed in the specifications that are not specifically listed in the bid item are to be consideredincluded in the bid item and no additional or special compensation will be allowed. In the event thatthere is more than one bid item in the bid schedule, the Bidder shall furnish a price for all bid items inthe schedule, and failure to do so will render the bid as non-responsive and may cause its rejection.The total amount of the bid will be the sum of the total prices of all items in the bid schedule.

RECYCLED PRODUCT PROCUREMENT. The City of Milpitas is committed to the conservationand protection of state and local resources, therefore:

a. For all paper materials of any kind delivered to the City, by a contractor, supplier, or consultant,whether in the form of a product such as a cup or a deliverable such as a report, shall userecycled paper that bears an imprint identifying the recycled content of the paper as not less thanthe 30% post-consumer fiber as specified in Section 12209 of the Public Contract Code. Aproduct such as a cup may have the identifying logo and/or language on the packaging, while adeliverable such as a report shall have the identifying logo on the first page. This shall apply forall paper materials delivered to the City whenever practicable.

b. Contractors and consultants shall use both sides of paper sheets whenever practicable.

RULES FOR SUBMITTING BIDS.a. Submittal Deadline. Bids must be uploaded to the Public Purchase website by the Submittal

Deadline shown in this solicitation and any subsequent addenda to this IFB.b. Responsibility. Bidders are solely responsible for ensuring their Bid is successfully uploaded

onto the Public Purchase website in accordance with the solicitation requirements before theSubmittal Deadline. The City of Milpitas shall not be responsible for any delays intransmission errors or delays. Bids must be uploaded in Microsoft Word, Excel, and/or PDFformat as specified in the IFB, using as few files as possible. Do not wait until the last minuteto upload files as delays can occur. In the event that there is a problem uploading documents,contact Public Purchase at 1-800-591-5546.

c. Extension of Submittal Deadline. The City of Milpitas reserves the right to extend theSubmittal Deadline when it is in the best interest of the City of Milpitas.

d. Forms. To be considered for award, each Bid shall be made on forms furnished by the City ofMilpitas in this IFB.

e. Late Bids. The Submittal Deadline is firm. Bids will NOT be accepted after the SubmittalDeadline.

f. Signature. To be considered for award, each Bid shall be signed by an authorizedrepresentative of the Bidder.

13

SEVERABILITY. If any provisions or portion of any provision, of this contract are held invalid,illegal or unenforceable, they shall be severed from the contract, and the remaining provisions shallbe valid and enforceable.

SOIL INFORMATION. Bidders is solely responsible for making all deductions and conclusions asto the nature of any materials to be excavated, the difficulties of making and maintaining therequired excavation, the difficulties which may arise from subsurface conditions, all testing anddisposal requirements, and of doing any other work affected by the subsurface conditions.

SPECIFICATIONS, CHANGES TO. The parties shall not be bound by or be liable for anystatement, representation, promise, inducement or understanding of any kind or nature not set forthherein or by written amendment. No changes, amendments, or modifications of any of the terms orconditions of the specification shall be valid unless reduced to writing and signed by both parties.

SPECIFICATIONS, DEFINITION. The term specification as used in this solicitation shall beinterpreted to mean all the pages that make up this solicitation.

SUBMITTAL DEADLINE. The Submittal Deadline is January 31, 2018, at 2:00 p.m. local time.All bids must be uploaded on the Public Purchase website before the submittal deadline.

SUBMITTAL METHOD. Bids must be submitted electronically through the Pubic Purchasewebsite: www.publicpurchase.com.

TAXES. Successful Bidder shall pay all federal, state and local taxes, levies, duties, and assessmentsof every nature due in connection with any work under the contract and shall indemnify and holdharmless the City of Milpitas from any liability on account of any and all such taxes, levies, duties,assessments, and deductions. Bid prices shall include said taxes.

TAXES, SALES. The City of Milpitas will pay California Sales Tax at 9.00% to the SuccessfulBidder who is a California supplier or out-of-state suppliers and who is registered with the State ofCalifornia and who has the appropriate California Seller’s Permit. The City of Milpitas will pay theState Sales Tax directly to the State of California when the Successful Bidder is not registered withthe state to collect it. California Sales Tax should be shown separately on the Bid Form, when andwhere indicated, if applicable.

TERMS OF THE OFFER. City of Milpitas’ acceptance of Bidder’s offer shall be limited to theterms herein unless expressly agreed in writing by the City of Milpitas. Bids offering terms otherthan those shown herein will be declared non-responsive and will not be considered.

WAIVER OF INFORMALITIES. The City of Milpitas reserves the right to waive informalities,non-substantive irregularities, or technicalities in bids.

14

TERMS AND CONDITIONS

ADHERENCE TO ALL LOCAL, STATE, AND FEDERAL LAWS AND REQUIREMENTS.Bidder shall adhere to all applicable federal, state, and local laws, codes and ordinances, including,but not limited to, those promulgated by CAL-OSHA, FED-OSHA, EPA, and the California StateDepartment of Health Services.

AGREEMENT. Submission of a signed bid will be interpreted to mean Bidder hereby agrees to allthe terms and conditions set forth in all the pages of this bid solicitation. Bidder’s signed bid, theCity of Milpitas’ written acceptance and approval by the City of Milpitas City Council shallconstitute a contract.

ASSIGNMENT OF RIGHTS OR OBLIGATIONS. Except as noted hereunder, Successful Biddermay not assign, transfer or sell any rights or obligations resulting from this bid without firstobtaining the specific written consent of the City of Milpitas.

In accordance with Public Contract Code Section 7103.5, in entering into a public works contract ora subcontract to supply goods, services, or materials pursuant to a public works contract, theContractor or subcontractor offers and agrees to assign to the awarding body all rights, title, andinterest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec.15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division7 of the Business and Professions Code), arising from purchases of goods, services, or materialspursuant to the public works contract or the subcontract. This assignment shall be made and becomeeffective at the time the awarding body tenders final payment to the Contractor, without furtheracknowledgment by the parties.

ATTORNEY FEES. In the event a suit or action is instituted in connection with any controversyarising out of this contract, the prevailing party shall be entitled to receive, in addition to its costs,such sum as the court may adjudge reasonable as to attorney’s fees and costs.

AUTHORITY OF THE CITY OF MILPITAS. Subject to the power and authority of the City ofMilpitas as provided by law in this contract, the City of Milpitas shall in all cases determine thequantity, quality, and acceptability of the work, materials and supplies for which payment is to bemade under this contract. The City of Milpitas shall decide the questions that may arise relative tothe fulfillment of the contract or the obligations of the Contractor hereunder.

COMPLIANCE WITH OR DEVIATION FROM SPECIFICATIONS. Bidder hereby agrees that thematerial, equipment or service offered will meet all the requirements of the specifications in thissolicitation unless deviations from them are clearly indicated in the Bidder’s response. Bidder maysubmit an attachment entitled EXCEPTIONS TO SPECIFICATIONS, which must be signed byBidder’s authorized representative. An explanation must be made for each item in which anexception is taken, giving in detail the extent of the exception, the reason for which it is taken, andthe suggested change. Bids failing to comply with this requirement will be considered non-responsive. Submittal of a brochure or other manufacturer literature is desirable but may not be asubstitution for this requirement.

CANCELLATION OF THE CONTRACT. Without cause, the City of Milpitas may cancel thiscontract at any time with thirty (30) days written notice to the supplier/contractor. With cause, theCity of Milpitas may cancel this contract at any time with ten (10) days written notice to the

15

Proposer. Cancellation for cause shall be at the discretion of the City of Milpitas and shall be, but isnot limited to, failure to supply the materials, equipment or service specified within the time allowedor within the terms, conditions or provisions of this contract. The Successful Bidder may not cancelthis contract without prior written consent of the City of Milpitas Purchasing Agent.

If the agreement is terminated, for any reason, the Contractor shall turn over all records, to includebut not be limited to the following: records of repairs, services, deliveries, and replacement parts, tothe City within fifteen (15) working days after completion of duties contained in the agreement.

In the event of cancellation, The City shall only be liable for payment of services performed orgoods delivered and accepted or approved by the City prior to the effective date of the termination.

CHANGES IN WORK. The City of Milpitas may, at any time work is in progress, by written orderand without notice to the sureties, make alterations in the terms of work as shown in thespecifications, require the performance of extra work, decrease the quantity of work, or make suchother changes as the City of Milpitas may find necessary or desirable. The Contractor shall not claimforfeiture of contract by reasons of such changes by the City of Milpitas. Changes in work and theamount of compensation to be paid to the Contractor for any extra work as so ordered shall bedetermined in accordance with the pricing quoted in the IFB document.

CITY REPRESENTATIVE/PROJECT MANAGER. Robert Hill, Public Works Manager, shallrepresent the City in all matters pertaining to the services to be rendered under this Agreement. Allrequirements of City pertaining to the services and materials to be rendered under this Agreementshall be coordinated through the City representative.

CLAIMS. Public Works Claims by the Contractor under Three Hundred Seventy-Five ThousandDollars and Zero Cents ($375,000.00) shall be governed by Public Contracts Code 20104, et seq.,incorporated herein by reference, unless the parties have agreed to arbitration pursuant to PublicContracts Code 10240. For claims not subject to arbitration, all claims shall be in writing and includethe documents necessary to substantiate the claim. Claims must be filed on or before the date of finalLabor and Materials. The local agency shall respond in writing within the time specified by law. Ifthe claimant disputes the local agency's written response, claimant may demand a meeting andconference to settle the dispute. Unresolved disputes shall be subject to Public Contracts CodeSection 20104.4.

CONTRACT SUBJECT TO APPROPRIATION OF FUNDS. The Successful Bidder understandsand accepts that at all times; the contract awarded from this solicitation is subject to appropriation offunds by the Milpitas City Council. The contract awarded from this solicitation may terminatewithout penalty, liability or expense of any kind to the City at the end of any fiscal year if funds arenot appropriated for the next succeeding fiscal year. If funds are appropriated for a portion of thefiscal year, the contract will terminate, without penalty, liability or expense of any kind at the end ofthe term for which funds are appropriated. The City has no obligation to make appropriations for thecontract in lieu of appropriations for new or other contracts. City budget decisions are subject to thediscretion of the Mayor and City Council. Contractor’s assumption of risk of possible non-appropriation is a part of the consideration for the contract. This section controls against any and allother provisions of the contract.

CONTRACT TERM. Contract term will be for one (1) year from March 20, 2018 up to andincluding March 19, 2019 (the “Anniversary Date”). The City reserves the right to review the

16

Contractor’s performance at the end of each year and cancel all or part of the contract. The City ofMilpitas reserves the right to extend this contact for four (4) one (1) year options exercisable at theCity’s sole discretion, not to exceed five (5) years in total. The City may exercise the renewal optionyears by written notice to the Contractor by mail, fax or email, including a Purchase Order, sent nolater than the last day of the current term. If a renewal option is exercised and/or a price increase isgranted it will be transmitted to the Contractor using Exhibit D – Sample Option Notice.

CONTRACTOR, DEFINITION. The term Contractor refers to the party entering into a writtencontract with the City of Milpitas as a result of this solicitation.

CONTRACTOR GUARANTY. Upon award of bid, Successful Bidder shall execute the ContractorGuaranty of the contract documents.

COOPERATION BETWEEN CONTRACTORS. The City of Milpitas reserves the rights to contractfor and perform other or additional work on or near the work covered by these specifications. Whenseparate contracts are let within the limits of any one project, each Contractor shall conduct theirwork so as not to interfere with or hinder the progress or completion of the work being performed byother Contractors. Contractors working on the same project shall cooperate with each other asdirected. Each Contractor involved shall assume all liability, financial or otherwise, in connectionwith their contract and shall protect and save harmless the City of Milpitas from any and all damagesor claims that may arise because of inconvenience, delays, or loss experienced by them because ofthe presence and operations of other Contractors working within the limits of the same project.

COORDINATION WITH AGENCIES. The Contractor shall coordinate their activities with theproper regulatory agencies and have their representative on site at the proper times.

EXECUTION OF CONTRACT. Time is of the essence in executing the contract awarded from thissolicitation. The successful Bidder shall execute the contract, including but not limited to signing allnecessary documents and submitting all required bonds (if any) and evidences of insurance, within ten(10) days after electronic delivery of the award notice. In case of failure of the Contractor to executeand return the contract and all required documents within the time allowed, the City of Milpitas may,at its option, consider that the Bidder has abandoned the contract. After the contract has been executed,including the insurance documents, certificates, and bonds. Bidder/Contractor agrees to commencework within ten (10) working days after the date of the Notice to Proceed or as otherwise provided inthe contract.

FORCE MAJEURE. If execution of this contract shall be delayed or suspended and if such failurearises out of causes beyond the control of and without fault or negligence of the Contractor, theContractor shall notify the City of Milpitas, in writing, within twenty-four (24) hours, after the delay.Such causes may include but are not limited to Acts of God, war, or acts of public enemy, acts ofany governmental agency in its sovereign or contractual capacity, fires, floods, epidemics, strikes,and unusually severe weather.

LAWS - ADHERENCE TO ALL LOCAL, STATE, AND FEDERAL LAWS ANDREQUIREMENTS. The Contractor shall adhere to all applicable federal, state, and local laws, codesand ordinances, including, but not limited to, those promulgated by CAL-OSHA, FED-OSHA, EPA,and the California State Department of Health Services.

17

LAWS GOVERNING CONTRACT. This Agreement shall be interpreted in accordance with thelaws of the State of California. If any action is brought to interpret or enforce any term of thisAgreement, the action shall be brought in a state or federal court situated in the County of SantaClara, State of California.

PRICE ADJUSTMENTS. All prices shall remain fixed for the initial contract term. Eligibility forprice adjustments occurs at each renewal period when an option is exercised to extend the contract.The request for price increase must be submitted by the Contractor not less than sixty (60) days priorto the anniversary date. Prices quotes may remain the same, or be increased or decreased in directproportion to the change in the Consumer Price Index (CPI) for All Urban Consumers, Series ID:CUURAA422SA0, Not Seasonally Adjusted, All Items, San Francisco-Oakland-San Jose. Baseperiod 1982-84=100 for the month of August as reported by the Bureau of Labor Statistics of theU.S. Department of Labor. The base index shall be the August 2017 bi-monthly index. Subsequentprice changes shall be based on the index compared to the August 2018 bi-monthly index. Change inprices shall not exceed the index unless the Contractor can provide documented justification ofincreased operational costs such as contract labor rate increases, pass through costs from themanufactures, etc. up to a maximum total of five percent (5%).

REJECTION OF BIDS. The City of Milpitas reserves the right to reject any bid, all bids, or any partof any bid presented and re-advertise for bids. The City reserves the right to cancel the solicitationand make no award. The City of Milpitas reserves the right to reject the bid of any Bidder whopreviously failed to perform adequately for the City of Milpitas or any other governmental agency.The City of Milpitas expressly reserves the right to reject the bid of any Bidder who is in default onthe payment of taxes, licenses, or other monies due the City of Milpitas. The City of Milpitasreserves the right to reject any bid based upon the Bidder’s prior history with the City of Milpitas orwith any other party, which documents, without limitation, unsatisfactory performance, adversarialor contentious demeanor, significant failure(s) to meet contract milestones or other contractualfailures.

WORKFORCE. The Contractor and all employees shall perform the services in a timely,professional and efficient manner. The City reserves the right to remove any employee from Cityproperty for violation of federal, state, and local health, safety and environmental laws, ordinances,rules and regulations.

a. The Contractor shall employ all personnel for work in accordance with the requirements setforth by the United States Department of Labor. The City reserves the right to verifycitizenship or right to work in the United States.

b. The Contractor shall process background checks on all employees assigned to a project priorto commencement of work and deliver a copy to the City Representative.

c. The Contractor's service personnel shall be equipped with the appropriate equipment andtools for testing and servicing. In addition, the Contractor's service personnel shall operateout of an adequately stocked service vehicle.

TERMS OF THE CONTRACT. The terms of the contract shall be limited to the terms herein unlessexpressly agreed otherwise in writing by the City of Milpitas.

UNKNOWN OBSTRUCTIONS. Should any unknown obstruction be encountered during the courseof this contract, Contractor shall immediately bring it to the attention the City Representative.

18

Contractor shall be responsible for the protection of all existing equipment or utilities encounteredwithin the work area.

19

IFB NO. 2216 - SPECIAL CONDITIONS

A. Clean Air Act of 1970 and Federal Water Pollution Control Act. The contractor shall complywith the provisions of the Clean Air Act, as amended (42 W.S.C. 1957 et. seq.) and theFederal Water Pollution Act, as amended (33 U.S.C. 1251 et. seq.) and the regulations thereunder (40 C.F.R. part 15).

B. Payments. An annual Purchase Order will be established for this project. As individual jobsor groups of jobs are completed they may be invoiced for payment against the annualpurchase order. Contractor will be required to sign a release for each individual job, beforefinal payment is made. (See: Attached Project Acceptance & Release)

C. Final Guarantee. Contractor shall guarantee all work in writing for a period of one year fromthe acceptance by the City. The contractor shall be held responsible for and make good anydefects through faulty, improper or inferior workmanship or material, arising or discovered inany part of the contractor's work within one (1) year after the completion and acceptance ofthe work.

D. Materials. All materials shall be new, or first quality, and specified.

E. Close Out. At a point prior to substantial completion, of each individual job, contractor shallarrange for an inspection of the job with the City. The City will prepare a written punch listof items needing correction. Contractor shall correct these items and arrange for a secondinspection.

F. Compliance with Statute. Vendor hereby warrants that all applicable Federal and Statestatutes and regulatory ordinances will be complied with in connection with Bid No. 2216 -On-Call Pavement Services.

20

SPECIAL PROVISIONS FOR SERVICES

APPRENTICES USE OF. Use of Apprentices: Contractor agrees to comply with Chapter 1, Part 7,Division 2, §1777.5 et seq. of the California Labor Code. These sections require contractors andsubcontractors to employ apprentices in apprentice-eligible occupations in a ratio of not less than one(1) hours of apprentice work for each five (5) hours of journeyman work (unless an exception isgranted in accordance with §1777.5), and the contractors and subcontractors shall not discriminateamong otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed,national origin, ancestry, or color. Only apprentices as defined in §3077, who are in training underapprenticeship standards and who have written apprentice agreements will be employed on publicworks in apprentice-eligible occupations. The responsibility for compliance with these provisions isfixed with the prime contractor for all apprentice-eligible occupations.

ESCROW IN LIEU OF RETENTION. In the event the Contractor wishes to choose this option, theContractor shall enter into an escrow agreement with the City of Milpitas. The escrow agent shall bea qualified bank approved by the City of Milpitas. The costs of such escrow account shall beequivalent in fair market value to the amount to be withheld as performance retention. The securitiesshall be held in accordance with the provisions of Public Contract Code Section 22300, and theimplementing agreement. The Contractor is obligated to ensure that such securities deposited aresufficient to maintain, in total fair market value, an amount equal to the cash amount of the sums tobe withheld under the contract. If the City of Milpitas Finance Director, or the appropriate escrowagent, gives written notice to the Contractor indicating that the fair market value of the securities hasdropped below the dollar amount of monies to be withheld by the City of Milpitas to ensureperformance, Contractor shall within five days of the date of such notice post all such securities heldby the City of Milpitas, or in escrow, equivalent to the amount of money to be withheld by the Cityof Milpitas under the contract. Any Contractor wishing to exercise this option shall give notice inwriting to the City of Milpitas.

BUSINESS LICENSE. If the scope of work under this bid includes performing services orinstallation on City of Milpitas property, the Successful Bidder must have a current City of MilpitasBusiness License. Inquiries regarding Business License may be directed to the City’s Fiscal ServicesUnit at 408-586-3100. Business Licenses are not required for materials or equipment shipped byU.S. mail or common carrier.

COMPLIANCE WITH FAIR EMPLOYMENT PRACTICE ACT. Contractor agrees in accordancewith Section 1735 and 1777.6 of California Labor Code, and the California Fair EmploymentPractice Act (Sections 1410-1433) that in the hiring of common or skilled labor for the performanceof any work under this contract or any subcontract hereunder, no contractor, material supplier orvendor shall, by reason of race, color, national origin or ancestry, or religion, discriminate againstany person who is qualified and available to perform the work to which such employment relates.

CONTRACT INCORPORATION. This contract embodies the entire contract between the City ofMilpitas and the Contractor. The parties shall not be bound by or be liable for any statement,representation, promise, inducement or understanding of any kind or nature not set forth herein. Nochanges, amendments, or modifications of any of the terms or conditions of the contract shall bevalid unless reduced to writing and signed by both parties. The complete contract shall include theentire contents of the Notice to Contractors and all pages that make up the bid solicitation, alladdenda, all of Bidder’s successful submittals, all supplemental agreements, all change orders, allbond(s), and any and all written agreements which alter, amend or extend the contract.

21

DAMAGE. The contractor shall be held responsible for any breakage, loss of the City of Milpitas’equipment or supplies through negligence of the contractor or their employee while working on theCity of Milpitas’ premises. The contractor shall be responsible for restoring or replacing anyequipment, facilities, etc. so damaged. The contractor shall immediately report to the City ofMilpitas any damages to the premises resulting from services performed under this contract. Failureor refusal to restore or replace such damaged property will be a breach of this contract.

EXAMINATION OF SPECIFICATIONS AND SITE. Bidder is expected to carefully examine thesite of the proposed work and all bid specifications, documents, and forms. All bidders shall satisfythemselves as to the character, quality, and quantities of work to be performed, materials to befurnished and the requirements of the specifications.

INDEPENDENT CONTRACTOR. In accepting this contract, Contractor covenants that it presentlyhas no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, whichwould conflict in any manner or degree with the performance of the services hereunder. Contractorfurther covenants that, in the performance of this contract, no subcontractor or person having such aninterest shall be employed. Contractor certifies that to the best of their knowledge, no one who has orwill have any financial interest under this contract is an officer or employee of City of Milpitas. It isexpressly agreed by Contractor that in the performance of the services required under this contract,Contractor, and any of its subcontractors or employees, shall at all times be considered independentcontractors and not agents of City of Milpitas.

INDEMNIFY AND HOLD HARMLESS. To the fullest extent permitted by law, Consultant shalldefend (with counsel reasonably approved by the City), indemnify and hold the City, its officials,officers, employees, agents and volunteers free and harmless from any and all claims, demands,causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees,settlements, loss, damage or injury of any kind, in law or equity, to property or persons, includingwrongful death, (collectively, “Claims’) in any manner arising out of, pertaining to, or incident toany alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers,employees, subcontractors, consultants or agents in connection with the performance of theConsultant’s services, the Project or this Agreement, including without limitation the payment of allconsequential damages, expert witness fees and attorneys’ fees and other related costs and expenses.Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, toClaims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct ofthe Consultant. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, ifany, received by the City, its officials, officers, employees, agents or volunteers.

INSURANCE REQUIREMENTS. Within ten (10) consecutive calendar days of award of contract,Successful Bidder must furnish the City of Milpitas with the Certificates of Insurance provingcoverage as specified in EXHIBIT A – INSURANCE REQUIREMENTS – GENERAL andnaming the City of Milpitas, its agents, elected officials, officers, employees and volunteers,Additional Insured by endorsement. Failure to furnish the required certificates within the timeallowed will result in forfeiture of the contract.

PAYMENT BOND (Labor and Materials). Pursuant to Civil Code 3247, for work involving anexpenditure of greater than Twenty-Five Thousand Dollars and Zero Cents ($25,000.00) theSuccessful Bidder shall furnish a Payment Bond in an amount equal to one hundred percent of the

22

total amount of the contract prior to commencement of work and conforming to the contractdocuments. Successful Bidder shall furnish within ten (10) consecutive days after written Notice ofAward, a Payment Bond in an amount equal to one hundred percent (100%) of the total amount ofthe contract. Said bond shall be secured from a surety company acceptable to the City of Milpitas andauthorized or licensed by the State of California.

Substitution of Securities for Retained Funds. The Contractor shall be permitted to substitutesecurities for any monies withheld by the City of Milpitas to ensure performance under thiscontract, such substitution to be subject to the limitations and requirements of PublicContract Code Part 5, §22300.

PREVAILING WAGES. Contractor shall comply with all applicable laws and regulations of thefederal, state and local government. Contractor is hereby notified of the requirements of CaliforniaLabor Code Sections 1720 et seq. and 1770 et seq. (“Prevailing Wage Laws”), which require thepayment of prevailing wage rates and the performance of other requirements on certain "publicworks" and "maintenance" projects. If the Scope of Services is being performed as part of anapplicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and ifthe total compensation is One Thousand Dollars and Zero Cents ($1,000.00) or more, Contractoragrees to fully comply with such Prevailing Wage Laws, if applicable. Contractor shall defend,indemnify and hold City, its officials, officers, employees and agents free and harmless from anyclaims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to complywith the Prevailing Wage Laws. It shall be mandatory upon the Contractor to comply with allCalifornia Labor Code provisions, which include but are not limited to prevailing wages (LaborCode Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5),certified payroll records (Labor Code Section 1776), hours of labor (Labor Code Sections 1813 and1815) and debarment of Contractors (Labor Code Sections 1777.1).

Pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor must be registered with theDepartment of Industrial Relations. Contractor shall maintain registration for the term of theagreement. This Scope of Services may also be subject to compliance monitoring and enforcementby the Department of Industrial Relations. It shall be the Contractors’ sole responsibility to complywith all applicable registration and labor compliance requirements.

The Contractor shall provide copies of all certified payrolls electronically to the City and theCalifornia Department of Industrial Relations at the end of each month or more frequently asdirected.

REPORTS. The Contractor shall keep or cause to be kept an accurate record showing the names andoccupation of all laborers, workers, or mechanics employed by Contractor or by any subcontractorunder the Contractor in connection with the work and also showing the actual hours worked andactual wages paid to each of such workers, which record shall be open at all reasonable hours to theinspection the City Project Manager and to the Chief of the Division of Labor Law Enforcement ofthe Department of Industrial Relations, his or her deputies and agents as required of Section 1776 ofthe Labor Code of the State of California and shall be submitted upon request.

PROTECTION OF PUBLIC. Adequate warning devices, barricades, guards, flagmen or othernecessary precautions shall be taken by the contractor to give advised and reasonable protection,safety and warning to persons and vehicular traffic concerned in the area.

23

RIGHTS RESERVED. (a) Rejection or Work. Contractor agrees that the City of Milpitas has theright to make all final determinations as to whether the work has been satisfactorily completed. (b)Completion of Work. If Contractor fails to comply with the conditions of the contract, or fails tocomplete the required work or furnish the required materials within in the time stipulated, the City ofMilpitas reserves the right to purchase in the open market.

SAFETY. The Contractor and their respective employees are required and shall comply with allOccupational Safety and Health Administration (OSHA), State and City Safety and OccupationalHealth Standards and any other applicable federal, state, and local health, safety, and environmentallaws, ordinances, rules and regulations in the performance of the services. All Contractors shall beheld responsible for the safety of their employees and any unsafe acts or conditions that may causeinjury or damage to any persons or property within and around the work site area under this contract.In case of conflict, the most stringent safety requirement shall govern. The Contractor shallindemnify and hold the City harmless from and against all claims, demands, suits, actions,judgments, fines, penalties, and liability of every kind arising from the breach of the Contractor'sobligations under this paragraph.

a) Material Safety Data Sheets: The Contractor shall be required to have in their possession atthe location of each project and available upon request, material safety data sheets applicableto hazardous substances.

b) The Contractor shall provide all necessary safety cones, barriers and equipment at the job siteduring the execution of work, and alert persons and vehicular traffic of potential hazards.

c) The Contractor’s employees are to report any safety hazards, evidence of misuses or damagesto the equipment or environmental problems directly to City Representative.

d) Contractor shall be solely responsible for the safety of Contractor’s employees and othersrelative to Contractor’s work, work procedures, materials, equipment, transportation,signage, and related activities and equipment.

SAFETY, FIRST AID REQUIREMENTS. Successful Contractor shall comply with the provisionsof California Code of Regulations Section 1502 and 1512, et. seq. regarding safety and first aid kitson site. The successful Contractor shall also comply with the requirements of the California Manualof Temporary Traffic Controls, 2007 Edition, Section 6D.03 Worker Safety Considerations.

SUBCONTRACTOR(S). In accordance with California Public Contract Code Section 4104, each bidshall be listed on the form provided by the City of Milpitas: (a) The type of work to be performed andthe name and location of the place of business of each subcontractor who will perform work or labor orrender services to the Bidder in or about the construction of the work or improvement; or (b) of anysubcontractor licensed by the State of California who, under subcontract to the Bidder, will speciallyfabricate and install a portion of the work or improvement according to the detailed plans andspecifications, in an amount in excess of one-half of one percent of the total amount of the bid; or (c)in the case of bids or offers for the construction of streets or highways, including bridges, in excess ofone-half (1/2) of one percent (1%) of the Bidder’s total bid or Ten Thousand Dollars and Zero Cents($10,000.00), whichever is greater. For the purpose of this section, a subcontractor is defined as onewho contracts with the successful Bidder to furnish materials and labor, or labor only, for theperformance of onsite work or who will specially fabricate a portion of the work offsite, pursuant todetailed plans and specifications in the contract documents.

24

SUBCONTRACTOR AGREEMENT TO TERMS OF THIS SOLICITATION. A bid submitted inresponse to this IFB must identify all subcontractors, and outline the contractual relationshipbetween the awarded Bidder and each subcontractor. It is the Bidder's responsibility to ensurethat an official of each proposed subcontractor has read and signs the SUBCONTRACTOR’SACCEPTANCE OF SOLICITATION REQUIREMENTS and will agree to the specificationrequirements of any contract resulting from this solicitation.

SUBCONTRACTOR COMPETENCY. The Successful Bidder will be required to establish to thesatisfaction of the City of Milpitas the competency, reliability, and responsibility of the subcontractorsproposed to furnish or perform the work described in the contract documents. Before the award of thecontract, the City of Milpitas will notify the Bidder in writing if, after due investigation, the City ofMilpitas has reasonable objection to any proposed subcontractor. If the City of Milpitas has reasonableobjection to any subcontractor, the Bidder shall submit an acceptable substitute to the City of Milpitas.

Entities proposed by the Bidder to be used as subcontractors, and to whom the City of Milpitas hasmade no reasonable objection, must be used on the work for which they were proposed and shall notbe changed except with the written consent of the City of Milpitas.

SUBCONTRACTOR INFORMATION. If the bid offer includes the use of subcontractors, theBidder must identify specific subcontractors and the specific requirements of this IFB for which eachproposed subcontractor would perform services. Contractor’s license numbers must be provided, forwork where a Contractor’s license is required. In compliance with the provisions of Section 4100thru 4109 of the Public Contract Code of the State of California and any amendments thereto, theundersigned Bidder shall list on the SUBCONTRACTORS LIST FORM the name, businessaddress, and portion of the work of each subcontractor who will perform work, labor, or renderservices to the Bidder under this bid in excess of one-half (1/2) of one percent (1%) of the total bid,or in the case of streets or highways including bridges, in excess of one-half (1/2) of one percent(1%) of the total bid or Ten Thousand Dollars and Zero Cents ($10,000.00), whichever is greater.

The Bidder agrees that any portions of the work in excess of one-half (1/2) of one percent (1%) ofthe total amount of this bid; or Ten Thousand Dollars and Zero Cents ($10,000.00), if applicable;and for which no subcontractor is designated herein, will be performed by the Bidder.

It is the intention that not more than ten percent (10%) of work shall be subcontracted. The listingfor subcontracted work of more than ten percent (10%) may cause a rejection of the bid, if in theopinion of the City, such extensive contracting is undesirable.

After the bid submittal deadline, no changes or substitutions will be allowed except as otherwiseprovided by law. The listing of more than one subcontractor for each item of work to be performedwith the words “and/or” will not be permitted. Errors in the completion of the form or a failure tocomply with this requirement may render the Bid non-responsive and may cause its rejection. TheContractor is prohibited from performing work with a subcontractor who is debarred pursuant toLabor Code Sections1777.1 or 1777.7.

SUBCONTRACTOR REFERENCES. For all subcontractors that will be used on this project,Bidders must provide a minimum of two (2) references from similar projects performed for any localgovernment clients within the last three (3) years. Information provided shall include:

a. Client name;

25

b. Project description and dates (starting and ending);c. Technical environment;d. Staff assigned to reference engagement that will be designated for work per this IFB; ande. Client project manager's name, title, email address, and telephone number.

SUBCONTRACTOR SUBSTITUTION. The provisions of the California Subletting andSubcontracting Fair Practices Act (California Public Contract Code §§4100-4113) are incorporatedherein by this reference.

SUBCONTRACTOR CERTIFICATE OF COMPLIANCE. Insurance of subcontractors. See,“EXHIBIT A – Insurance Requirements – General” page 50, clause, “Subcontractors.”

26

LIST OF DOCUMENTS TO BE RETURNED WITH BID


The following forms must be submitted with all bids in response to this solicitation:

1. Bid Form2. Bidder’s Statement Regarding Insurance Coverage3. Worker’s Compensation Insurance Certificate4. Non-Collusion Affidavit5. Non-Discriminatory Employment Certificate6. Apprenticeship Standards Certificate (If Applicable)7. Local Purchasing Preference Certificate (If Applicable)8. Contractor References9. Subcontractor References (If Applicable)10. Subcontractors List (If Applicable)11. Subcontractor's Acceptance of Solicitation Requirements (If Applicable)12. Certificate of Compliance - Insurance Of Subcontractors (If Applicable)13. Contractor Guaranty14. Exhibit G - Copy of Bidder’s C-23 Contractors License15. Exhibit H – DIR Prevailing Wage Determination

FAILURE TO COMPLETE, SIGN (WHERE REQUIRED), AND RETURN THE ABOVEDOCUMENTS WITH YOUR BID WILL RENDER IT NON-RESPONSIVE.

IMPORTANT NOTE:

ELECTRONIC BIDDING REQUIRES THAT ALL BID DOCUMENTS BE PRINTED OUT,COMPLETED AND UPLOADED BACK INTO THE PUBLIC PURCHASE SYSTEM.

34

NONDISCRIMINATORY EMPLOYMENT CERTIFICATE

THIS FORM MUST BE PRINTED OUT, COMPLETED AND UPLOADED BACK INTOTHE PUBLIC PURCHASE SYSTEM


Certificate GenerallyConsistent with a policy of nondiscrimination in employment on contracts of the City of Milpitasand in furtherance of the provisions of Section 1735 and 1777.6 of the California Labor Code acontractor's obligation for nondiscriminatory employment certificate as hereinafter set forth shall beattached and incorporated by reference as an indispensable and integral term of all RFQspecifications and contracts of the City of Milpitas for the construction, repair, or improvement ofpublic works.

Contents of CertificateThe Contractor's obligation for nondiscriminatory employment is as follows:

In performing the work of this contract, the Contractor agrees as follows:

1. The Contractor will not discriminate against any employee or applicant foremployment because of race, creed, color, national origin, ancestry, sexual orientation, politicalaffiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (asthose terms are defined by the California Fair Employment and Housing Act -- Government CodeSection 12900-12996), except where such discrimination is based on a bona fide occupationalqualification.

2. The Contractor will take positive action or ensure that applicants are employed andthat employees are treated during employment, without regard to their race, creed, color, nationalorigin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap,medical condition, marital status or pregnancy (as those terms are defined by the California FairEmployment and Housing Act -- Government Code Section 12900-12996), except where suchdiscrimination is based on a bona fide occupational qualification. Such action shall include but notbe limited to the following: Employment, upgrading, demotion, or transfer; recruitment orrecruitment advertising; layoff or termination; rates of pay or other forms of compensation; andselection for training, including apprenticeship. The Contractor agrees to post in conspicuous places,available to employees and applicants for employment, notices to be provided by the City ofMilpitas setting forth the provisions of this nondiscrimination clause.

3. The Contractor will, in all solicitations or advertisements for employees placed by oron behalf of the Contractor, state that all qualified applicants will receive consideration foremployment without regard to race, color, national origin, ancestry, sexual orientation, politicalaffiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (asthose terms are defined by the California Fair Employment and Housing Act -- Government CodeSection 12900-12996), except where such discrimination is based on a bona fide occupationalqualification.

4. The Contractor will send to each labor union or representative of workers, with whichthe Contractor has a collective bargaining agreement or other contract or understanding, a notice tobe provided by the City of Milpitas advising the said labor union or workers' representative of the

35

Contractor's commitments under this provision, and shall post copies of the notice in conspicuousplaces available to employees and applicants for employment.

5. The Contractor will permit access to the Contractor's records of employment,employment advertisements, application forms, and other pertinent data and records by the City ofMilpitas, the Fair Employment Practices Commission, or any other appropriate Agency of the Statedesignated by the City of Milpitas for the purposes of investigation to ascertain compliance with theContractor's Obligation for Nondiscriminatory Employment provisions of this contract, or FairEmployment Practices statute.

6. A finding of willful violation of the nondiscriminatory employment practices articleof this contract or of the Fair Employment Practices Act shall be regarded by the City of Milpitas asa basis for determining that as to future contracts for which the Contractor may submit quotes, theContractor is a "disqualified bidder" for being "non-responsible".

7. The City of Milpitas shall deem a finding of willful violation of the Fair EmploymentPractices Act to have occurred upon receipt of written notice from the Fair Employment PracticesCommission that it has investigated and determined that the Contractor has violated the FairEmployment Practices Act and has issued an order under Labor Code Section 1426 or obtained aninjunction under Labor Code Section 1429.

8. Upon receipt of any such written notice, the City of Milpitas shall notify theContractor that unless he or she demonstrates to the satisfaction of the City of Milpitas within astated period that the violation has been corrected, he or she shall be declared a "disqualified bidder"until such time as the Contractor can demonstrate that he or she has implemented remedial measures,satisfactory to the City of Milpitas, to eliminate the discriminatory employment practices whichconstituted the violation found by the Fair Employment Practices Commission.

9. Upon receipt from any person of a complaint of alleged discrimination under any Cityof Milpitas contract, the City of Milpitas Administrator shall ascertain whether probable cause forsuch complaint exists. If probable cause for the complaint is found, the Administrator shall requestthe City Council to hold a public hearing to determine the existence of a discriminatory practice inviolation of this contract.

10. In addition to any other remedy or action provided by law or the terms of thiscontract, the Contractor agrees that, should the Council determine after a public hearing duly noticedto the Contractor that the Contractor has not complied with the nondiscriminatory employmentpractices provisions of this contract or has willfully violated such provisions, the City of Milpitasmay, without liability of any kind, terminate, cancel, or suspend this contract, in whole or in part. Inaddition, upon such determination the Contractor shall, as a penalty to the City of Milpitas, forfeit apenalty of Twenty-Five Dollars and Zero Cents ($25.00) for each calendar day, or portion thereof,for each person who was denied employment as a result of such noncompliance. Such monies shallbe recovered from the Contractor. The City of Milpitas may deduct any such penalties from anymonies due the Contractor from the City of Milpitas.

11. The Contractor certifies to the City of Milpitas that he or she has met or will meet thefollowing standards for positive compliance, which shall be evaluated in each case bythe City of Milpitas:a. The Contractor shall notify all supervisors and other personnel officers in

writing of the content of the nondiscrimination provision and theirresponsibilities under it.

b. The Contractor shall notify all sources of employee referrals (includingunions, employment agencies, advertisements, Department of Employment) ofthe content of the nondiscrimination provision.

c. The Contractor shall file a basic compliance report as required by the City ofMilpitas. Willfully false statements made in such reports shall be punishable

46

CONTRACTOR GUARANTY

THIS FORM MUST BE PRINTED OUT, COMPLETED AND UPLOADED BACK INTOTHE PUBLIC PURCHASE SYSTEM

The successful bidder shall execute this guaranty upon execution of the contract. If they so choose,Bidders may execute this guaranty at the time of submitting their bid.

To the City of MilpitasProject: IFB No. 2216 On-Call Pavement Striping and Marking

The undersigned guarantees the construction and installation of the following work included in thisproject in accordance with:


Should any of the materials or equipment prove defective or should the work as a whole provedefective, due to faulty workmanship, material furnished or methods of installation, or should thework or any part thereof fail to operate properly as originally intended and in accordance with thecontract documents, due to any of the above causes, all within twelve (12) months after date onwhich this contract is accepted by the City of Milpitas, hereinafter called the City of Milpitas, theundersigned agrees to reimburse the City of Milpitas, upon demand, for its expenses incurred inrestoring said work to the condition contemplated in said project.

Said reimbursement shall include the cost of any such equipment or materials replaced and the costof removing and replacing any other work necessary to make such replacement or repairs, or upondemand by the City of Milpitas, to replace any such materials and to repair said work completelywithout cost to the City of Milpitas so that said work will function successfully as originallycontemplated. The City of Milpitas shall have the unqualified option to make any neededreplacement or repairs itself or to have such replacements or repairs done by the undersigned. In theevent the City of Milpitas elects to have said work performed by the undersigned, the undersignedagrees that the repairs shall be made and such materials as are necessary shall be furnished andinstalled within a reasonable time after the receipt of demand from the City of Milpitas. If theundersigned shall fail or refuse to comply with his or her obligations under this guaranty, the City ofMilpitas shall be entitled to all costs and expenses, including attorney’s fees, reasonably incurred dueto the said failure or refusal.

_____________________________________________Name of Bidder/Contractor (Person, Firm, or Corporation)

_____________________________________________Signature of Bidder/Contractor's Authorized Representative

_____________________________________________Name and Title of Authorized Representative

____________________Date of Signing

47

EXHIBIT A

INSURANCE REQUIREMENTS - GENERAL

Definition:For purposes of this contract, the following definition applies: City of Milpitas includes the dulyelected or appointed officers, agents, employees and volunteers of the City of Milpitas, individuallyor collectively.

Insurance Required:No work shall be done under this Contract unless there is in effect insurance required by theContract and under this section, and such insurance has been approved by the City, nor shall theContractor allow any subcontractor to commence work on their subcontract until all insurancerequired of the subcontractor has been so obtained and approved. The Contractor shall maintain orcause to be maintained adequate workers' compensation insurance as required under the laws of theState of California, for all labor employed by them or by any subcontractor under them who maycome within the protection of such worker's compensation laws of the State of California and shallprovide or cause to be provided employer's general liability insurance for the benefit of theiremployees and the employees of any subcontractor under them not protected by such compensationlaws.

Minimum Scope of Insurance: (Check Mark Indicates Required)Coverage must be at least as broad as:

(X) Insurance Services Office Commercial General Liability coverage (occurrence FormCG0001).(X) Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1(any auto).

(X) Workers’ Compensation insurance as required by the State of California and Employer’sLiability Insurance.( ) Professional Liability or Errors & Omissions Liability insurance appropriate to theContractor’s profession.( ) Architects’ and Engineers’ coverage is to be endorsed to include contractual liability.

Minimum Limits of Insurance:Contractor must maintain limits no less than:

1. General Liability:(Including operations,products and completedoperations, as applicable.)

$1,000,000 per occurrence for bodily injury, personal injury andproperty damage. If Commercial General Liability insurance witha general aggregate limit is used, either the general aggregate limitmust apply separately to this project/location or the generalaggregate limit must be twice the required occurrence limit.

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

3. Workers’ CompensationEmployer’s Liability:

Statutory$1,000,000 each accident

48

$1,000,000 disease-policy limit$1,000,000 disease-each employee

4. Professional Liability orErrors & OmissionsLiability:

$1,000,000 each occurrence$1,000,000 policy aggregate

Deductibles and Self-Insured Retentions:Any deductibles or self-insured retentions must be declared to and approved by the City. The Citymay require the Contractor to provide proof of ability to pay losses and related investigations, claimadministration, and defense expenses within the retention.

Other Insurance Provisions:The general liability and automobile liability policies are to contain, or be endorsed to contain, thefollowing provisions:

1. The City of Milpitas, its officers, officials, employees, and volunteers are to be covered asinsureds with respect to liability arising out of automobiles owned, leased, hired or borrowedby or on behalf of the Contractor; and with respect to liability arising out of work oroperations performed by or on behalf of the Contractor including materials, parts orequipment furnished in connection with such work or operations. General liability coveragecan be provided in the form of an endorsement to the Contractor’s insurance (at least asbroad as ISO Form CG 20 10 11 85), or as a separate owner’s policy.

2. For any claims related to this project, the Contractor’s insurance coverage shall beprimary insurance as respects the City, its officers, officials, employees, and volunteers.Any insurance or self-insurance maintained by the City, its officers, officials, employees, orvolunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. The Insurance Company agrees to waive all rights of subrogation against the City, itselected or appointed officers, officials, agents and employees for losses paid under the termsof any policy which arise from work performed by the Named Insured for the City. Thisprovision also applies to the Contractor’s Workers’ Compensation policy.

4. Each insurance policy required by this clause shall be endorsed to state that coverage shallnot be canceled by either party, except after thirty (30) days’ prior written notice (10 daysfor non-payment) by certified mail, return receipt requested, has been given to the City. IfContractor’s insurer refuses to provide this endorsement, Contractor shall be responsible forproviding written notice to the City that coverage will be canceled thirty (30) days after thedate of the notice or ten (10) days for non-payment.

Acceptability of Insurers:Insurance is to be placed with licensed insurers admitted to transact business in the State ofCalifornia with a current A.M. Best’s rating of no less than A-VII. If insurance is placed with asurplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus LinesInsurers (LESLI) with a current A.M. Best’s rating of no less than A-X. Exception may be made forthe State Compensation Fund when not specifically rated.

Verification of Coverage:

49

Contractor shall furnish the City with original certificates and amendatory endorsements effectingcoverage required by this clause. The endorsements should be on insurance industry forms,provided those endorsements or policies conform to the contract requirements. All certificates andendorsements are to be received and approved by the City before work commences. The Cityreserves the right to require, at any time, complete, certified copies of all required insurance policies,including endorsements evidencing the coverage required by these specifications.

The Certificate with endorsements and notices shall be mailed to: City of Milpitas, Attention:Purchasing, 455 East Calaveras Boulevard, Milpitas California, 95035-5411.

Subcontractors:Contractors must include all subcontractors as insureds under its policies or furnish separatecertificates and endorsements for each subcontractor. All insurance coverages for subcontractors aresubject to all of the requirements included in these specifications.

Absence of Insurance:If the Contractor allows the insurance to lapse, be cancelled, or be reduced below the limits specifiedin this article, the Contractor shall cause all work in the Project to cease and any delays or expensescaused due to stopping of work and change of insurance shall be considered Contractor's delay andshall not be considered to increase cost to the City or increase time in which the Project shall becompleted.

Contractor agrees that if it does not keep the aforesaid insurance in full force and effect, Citymay immediately terminate this Agreement

50

EXHIBIT B – SCOPE OF WORK

IFB NO. 2216 ON-CALL PAVEMENT STRIPING AND MARKING

The Successful Bidder (Contractor) shall furnish all materials, labor, tools, equipment, supervision,transportation, handling, traffic control, and other incidentals necessary to complete the On-CallPavement Striping and Marking, as required by the City of Milpitas, successfully.

The City of Milpitas anticipates an ongoing demand for emergency pavement repair work to becompleted at various sites throughout the City. The purpose of this quote is to establish contractpricing to meet future needs as they arise at the various sites. Work is generally performed in amonthly work order nature and the size of each project will vary.

Minimum Qualifications/Requirements

It is recommended that each bidder carefully review the following, as any bidder that is unable tofulfill the minimum basic requirements will not be considered for evaluation.

LicensingRequired State Contractors License: Class C-23 or General Contractor’s License

Experience and PersonnelA. Contractor must be a prime contractor, skilled and consistently engaged in the license class

stated above for the past five (5) years. Contractor must be qualified to perform incidentalwork. These minimum qualifications shall be maintained throughout the contract duration.

B. The contractor shall be independent and, as such, the hiring, training, equipping, supervision,directing and discharging of their employees shall be the responsibility of the contractor. Thepayment of federal, state and local taxes and overtime wages shall also be the responsibilityof the contractor.

C. The contractor must furnish all labor, tools, equipment, transportation, supervision andmaterials necessary for the completion of the work.

D. Contractor accepts responsibility for determining that all necessary safeguards for protectionof contractor's employees are available or will be furnished to employees. All workperformed must conform to CAL-OSHA standards.

E. All work is to be done in normal work hours from 8:00 a.m. to 5:00 p.m. unless otherwisedirected by the Contract Manager.

F. There shall be one (1) project manager assigned to the project and authorized to act on behalfof the Contractor and act as the principal contact for the City. This person will be on-site atall times. Work is in progress from the first day of mobilization until the last punch list itemis signed off. The project manager shall have the authority to control crew size and will focuson adherence to the schedule, troubleshooting, coordination with the City’s ContractManager and other trades and quality assurance.

51

G. Contractor must provide the City’s Contract Manager with an emergency telephone numberwhere the Contractor’s project manager may be reached at any time, twenty-four (24) hours aday.

Description Of Work

A. The Contractor shall perform all services on an on-call basis during hours mutually agreedupon between City and Contractor.

B. The area of coverage shall include all public streets, public parking lots, and asphalt concretesurfaces within the City of Milpitas over which the City of Milpitas has jurisdiction.

C. The Contractor must be able to respond to all work order requests within the next businessday following receipt.

D. Work Order Request Responses be submitted within one (1) business days and must includethe following:

i. Fixed price of work;ii. Assigned labor force count; and

iii. Equipment to be used.

E. Contractor must be able to begin work with two (2) business days of receiving a workauthorization. Coordination of work to be performed shall be made with the CityRepresentative, Robert Hill.

Call BacksThe Contractor shall perform all services in a diligent way to avoid callbacks from the City.Thoroughness and completeness of the work is required. Lack of completeness and neatness, willresult in callbacks from the City. Callbacks from the City due to unacceptable work shall be solelythe Contractor’s responsibility at the Contractor’s expense. Callback work shall be performed in atimely manner and shall not exceed twenty-four (24) hours from first notification. Notification ofunacceptable work will be sent in writing to the project manager no more than twenty-four (24)hours after completion of initial finding.

InvoicingAn annual Purchase Order will be established for this project. As individual jobs or groups of jobsare completed they may be invoiced for payment against the annual purchase order. Contractor willbe required to sign a release for each individual job, before final payment is made.

Invoices shall be submitted within thirty (30) days of completion of a Work Order and be supportedby, but not limited to, the following information:

A. Invoices shall be numbered sequentially and shall include the following information aswell as the other required items described in these specifications:

i. Contractor’s name, address, and telephone numberii. Contractor’s remittance address (if different from Item “i ” above)

iii. Date of Invoiceiv. Service location and/or addressv. Purchase Order number

52

vi. Authorized Work Order number and City approvervii. Date(s) of services

viii. Complete and detailed description of services and costs (labor, materials,markups, etc.)

ix. Total costx. Name and date of reports, as applicable

xi. Copies of required reports, as applicable

City Requirements for all Striping and Marking Jobs

A. Striping and marking shall conform to the 2015 Caltrans Standard SpecificationsSection 84 Traffic Stripes and Pavement Striping and Markings and per CaltransStandard Plans 2015. (See: Striping and Marking Details included in Attachments.)

B. Total compensation for paint and thermoplastic striping and marking shall includepaint, thermoplastic, equipment, labor, and all material necessary to and installstriping and marking as specified by the City’s Project Manager complete in place.

C. Total compensation for paint striping removal shall include all equipment, labor,hauling, and disposal, and incidental to remove marking/striping in the City.

D. Total compensation for thermoplastic striping removal shall include all equipment,labor, hauling, and disposal, and incidental to remove marking/striping in the City.

E. Total compensation of each mobilization shall include all mobilization cost tocomplete a striping removal and striping installation work order in the City.

Technical Specifications

Striping and Marking Installation

1. Contractor shall provide all equipment, machines, paint, thermoplastic, beads, andtools necessary to perform the pavement stripping in the manner prescribed inCaltrans Standard Specifications.

2. Striping paint shall be Ennis Paint or manufacturers approved by Caltrans for use onpublic roadways. White, yellow, red, and handicapped-specific blue paint will beused. Solvent based paints shall not be used.

3. Spraying equipment for lane striping must be mounted on a highway type applicatordesigned for the specific purpose of street marking.

4. Paint traffic stripe and pavement marking shall have a minimum two (2) spray coatapplications and wet film thickness of fifteen (15) mils.

5. Curb painting shall include painting both the vertical and horizontal face of curb.

6. Thermoplastic Striping shall conform to State Specifications for lead-freethermoplastic PTH-02SPRAY, PTH-02HYDRO, PTH-02ALKYD, or PTH-02PROFILE. Thermoplastic shall be 2.0 mm to 2.5 mm application thickness.

7. Type II glass beads conforming to State Specification No. 8010-11E-22 shall beapplied to thermoplastic and paint striping and marking.

53

Striping and Marking Removal

1. Paint striping shall be removed by water or soda blasting.

2. Thermoplastic striping shall be removed by a grinder or scarifier.

3. Residue produced from the removal of yellow thermoplastic and yellow paintedtraffic stripe and pavement marking may contain heavy metals in concentrations thatexceed thresholds established by the Health & Safety Code and 22 CA Code ofRegulations.

4. Contractor shall properly haul and dispose of all striping debris, dirt, or foreignobjects removed from pavement. Contractor shall dispose of yellow thermoplasticand yellow paint hazardous waste residue at a Class 1 disposal facility.

Traffic ControlA. The contractor shall maintain at least one lane open to traffic in each direction of travel at all

times and minimize disruption to traffic. Lane closure hours on a residential street are 8:00a.m. to 7:00 p.m. Monday through Friday. Lane closure hours for collector, industrial,arterials, and others streets are hours outside commute hours from 9:00 a.m. to 5:00 p.m. or7:00 a.m. to 3:00 p.m. Monday through Friday.

B. The contractor shall provide all necessary signs, advance warning signs, barricades, cautiontape, guards, flagmen, arrow boards and other safety devices as may be required by theEngineer to give advised and reasonable protection, safety, and warning to persons andvehicular traffic in the area. All traffic control devices and methods shall conform to theapplicable sections of the 2012 California Manual of Uniform Traffic Control Device(CAMUTCD) Part 6 – Temporary Traffic Control, except as herein specified.

C. The costs of providing traffic control, including all necessary personnel, directional andsafety equipment, and all work involved in traffic control, shall be included in the various biditems for this contract and no additional payment will be allowed therefore.

56

EXHIBIT D – SAMPLE OPTION NOTICE

NOTICE OF EXERCISE OF OPTION TO EXTEND AGREEMENT

AGREEMENT TITLEand DATE:

CONTRACTORName and Address:

DATE OF OPTION:

(date the notice is sent must be consistent with the time for exercise set forth in Agreement)

Pursuant to Section _____ of the Agreement referenced above, the City of Milpitas hereby exercisesits option to extend the term under the following provisions:

OPTION NO.

NEW OPTION TERMBegin date:End date:

□ CHANGES IN RATE OF COMPENSATION

Percentage change in ___ Index upon which adjustment is based:

Pursuant to Section ___ of the Agreement the Rates of Compensation are hereby adjusted as follows:(use attachment if necessary)

MAXIMUM COMPENSATION for New OptionTerm:For the option term exercised by this Notice, City shall pay Contractor an amount not to exceed theamount set forth above for Contractor’s services and reimbursable expenses, if any. Theundersigned signing on behalf of the City of Milpitas hereby certifies that an unexpendedappropriation is available for the term exercised by this Notice, and that funds are available as of thedate of this signature.

CITY OF MILPITASa municipal corporation

By________________________________

__________________________________Name of Authorized Representative

___________________________________Title of Authorized Representative:

CONTRACTOR

By________________________________

__________________________________Name of Authorized Representative

___________________________________Title of Authorized Representative

57

EXHIBIT E – DRAWINGS

58

59

60

61

62

63

64

65

EXHIBIT FProject Acceptance and Release

Date:______________

To: (Project Manger) _________________________________

From: (Contractor) ___________________________________

Project No:_________ Location: _____________________________________________

The intent of this checklist is to provide the list of steps to follow in closing out a specificjob as part of the annual project. The Project Manger or designee is charged withassembling all project documentation and providing it to the Department Head for finalreview and approval.

Step Action DateProject

ManagerInitial

1 Received written request from Contractor forCertification of project completion and request forwalkthrough and Final Inspection

Reviewed_________ _________

2 The project walkthrough and final inspection wereperformed and all punch list items are complete,were inspected, and determined to be satisfactoryby the Project Manager, and/or designee.

Completed_________ _________

The undersigned contractor certifies that to the best of the Contractor’s knowledge, information, andbelief the Work covered by this Project Acceptance and Release have been completed in accordancewith the Contract Documents, that all amounts have been paid by the Contractor for Work for whichprevious payments were issued and received from Owner, and that current payment shown herein isnow due.

Partial Payment: $__________ Percent Complete: __________

Final Payment: $ __________

Contractor: ____________________________________ Date: _________

Department Head: _______________________________ Date : _________

Comments: _____________________________________________________

EXHIBIT G - COPY OF BIDDER’S C-23 CONTRACTORS LICENSE

EXHIBIT H - COPY OF BIDDER’S DIR PREVAILING WAGE DETERMINATION