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HomeMy WebLinkAboutCC 19 JANITORIAL SVCS 06-19-89CONSENT CALENDAR TO: FROM: SUBJECT: WILLIAM HUSTON, CITY MANAGER PUBLIC WORKS/FIELD SERVICES CONTRACT JANITORIAL SERVICES - PARKS RECOMMENDATION: Request that the Tustin City Council at their regular meeting of June 19, 1989, authorize the renewal of the Janitorial Services Contract for the Parks bathrooms with American Building Maintenance Co. (ABM). Further request that the contract be amended to reflect the current Consumers Price Index which is five percent (5%) for the period from April 1988, to April 1989. DISCUSSION- The City originally entered into a maintenance Contract with ABM for Janitorial Services-City Parks Restrooms, on October 9, 1985. The Public Works Department is satisfied with' the level of Service being provided by ABM, and desires to extend the contract for another year beginning July 1, ~9. The contractor has agreed to continue the service at the rate. stated, adjusted to the current Consumers Price Index as published by the Bureau of Labor Statistics, which is five percent (5%). The adjusted annual contract would go from $11,952.00 to $12,548.88. Bob Ledendecker Dir. Public Works/City Engineer Pablo Rodriguez Manager, Field Services Department of Public Works/Field Services Division June 14, 1989 Mr. Keith Barrow Div. Manager American Building Maintenance Co. 1301 E. Pacifico Ave. Anaheim, CA 92805 RE: Janitorial Contract - City Park Restrooms Dear Mr. Barrow: · At their regular meeting of June 19, 1989, the City Council renewed-the contract for the Maintenance of the City Parks Restrooms, effective July 1989. Attached are three copies of the Contract and Insurance Certificate. Please have the proper officers of your company execute and natarize all three copies of the contract and return all three copies to this office. Upon e.x.ecution by the City, we will forward one copy to you for your records. Do not date the first .page of the Contract as this will be done at which the contract is signed by the City's Attorney. The Insurance Certificate must be on the form provided. The City Attorney will not accept anything other then this form. Please call me if you have any questions at (714)544-8890 ext. 245 Very truly yours ~pa I~'Rodriguez "'""'"'J ' Manager, Field Services Attachments 300 Centennial Way · Tustin, California · (714) 544-8890, Ext. 240 CITY OF TUSTIN ORANGE COUNTY, CALIFORNIA CONTRACT -- ~IANITORIAL SERVICES - PARKS_ Thts agreement, made and concluded, tn triplicate, thts day of ,-one thousand nine hundred and eighty-five between the Clty of TuStln, Cali-fornta, party of the first part, and American Building Maintenance .. Co. 921 E. 61st. Stree. t~ Lo.s An.qeles~ CA 90001 7. . i Contractor, Party Of the secon4 pi'art. ARTICLE 1. Witnesseth, that for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the said party of the first part, and under the conditions expressed in the bond, bearing date with these presents, and hereunto annexed the said party of the second part agrees with said party of the first part, at his own proper cost and expense, to do all the work and furnish all the materials, except such as are mentioned in the Specifications to be furnished by said party of the first part, necessary to and complete in good workmanlike and substantial manner and to the satisfaction of the said party of the first part, in accordance with the specifications entitled, _Janitorial' Services - _ Parks. _ ARTICLE II. And said Contractor a~rees~o receive and accept the following prices as full compensation for doing all the work contemplated and embraced in the Agreement; and also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City of Tustin, and for all risks of every description connected with the work; also for all'expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications, and the requirements of the Engineer under them, to wit: C-1 Item PROPOSAL jANITORIAL SERVICES - PARKS It~ with Unit Prices Written In Words Centennial Park Monday through Sunday One dollar and sixteen _ . - _ per sq.ft. Approximate Unit Price Total in uanti in-Fi ~res Fi ures 144, sq.ft. $1.16 $167.04 Frontier Park Monday through Sunday One dollar and nineteen cent~ _ - ' _ per Isqol~to i i 140 sq.ft. $1.19 $166.60 Magnolia Park Monday through Sunday One dollar and seventy tw<) cents_ _ per sq. 84 sq.ft. $1.72 $144.48 Pine Tree Park Monday through Sunday One dollar and thirty nine r_~,nt~- _ per sq. f~. _ 120 sq.f~. $1.39 $166.80 Pepper Tree Park Monday through Sunday _~iqhtv two cents -- _ per sqJ-t. · . Columbus Tusttn Park Monde? through Sunday Eighty eight cents _ - per sq. ft. __ 257 sq.ft. $0.82 $210.74 216 sq.ft. $0.88 $190.08 TOTAL BID $1,045.74 _ In case of a discrepancy between unit price words and figures entered, the words · shall prevail. C-2 ARTICLE III. The said party of the first part hereby promises and agrees with +.he said Contractor to employ, and does hereby employ, the said Contractor to provide he materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions above set forth; and the said parties for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covena'nts herein contained. ARTICLE IV. It is further expressly agreed by and between the parties hereto that should there be any conflict between the term~ of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as' an acceptance of the said terms of said proposal conflicting herewith. ARTICLE V. 1. The Contractor shall, as a penalty to the CITY OF TUSTIN, forfeit Twenty-Five Dollars {$2S.00} for each calendar day or portion thereof for. each worker paid (either by Contractor or any subcontractor under Contractor) less than the prevailing rate set forth herein on the work provided for in this contract, all in accordance with Sections I774 and 1775 of the Labor Code of the State of California. 2. Contractor acknowledges that he is also. aware ef the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compe'nsation or undertake self-insurance in accordance with the provisions of that code and will comply with such provisions before commencing the oerformance of the work of this contract. ARTICLE VI. The Contractor shall indemnify and save harmless the City of Tusttn and all officers and employees thereof from all claims, suits, or actions of every name, kind and description, brought for, or on accqu~t of, injuries to or death of any person including but not limited to workmen and the public, or damage to property resulting from the construction of the work 06 by or in consequence of any negligence regarding the work, use of improper materials or equipment in performance of the work, neglect or refusal of Contractor to faithfully perform the work and all of Contractor's obligations under the contract, or by or on account of any act or omission by the Contractor or his agents or a subcontractor or his agents or a third party during the progress of the work or at any time before its completion and final acceptance,' or which might arise in connection with the agreed work or is caused by or happening in connection with the progress of said work, .save and except claims arising through the sole and exclusive negl. igence 'or sole and' exclusive Wilfull misconduct of the Gity of Tustin. The'defense in indemnification by Contractor shall include all costs and expenditures including attorney's fees incurred by the City of Tustin or its employees, officers or agents with respect to such claim or suit and Contractor will, if requested by City of Tustin, defend any litigation arising out of such claim at the sole cost and expense of Contractor. C-3 In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the contract as shall be considered necessary in the sole discretion of the City of Tustin may be retained by the City until disposition has been made of such claims for damages as aforesaid. .' ARTICLE VII. Contractor shall ta'ke out and maintain, during the life of this contract, such public liability and property da~ge insurance and shall protect the City-of Tustin, its elective and appointive boar~ls, officers, agents .and ~loyees, contractor and any subcontractor performing wok covered by this contract from c)atms for damages for personal injury,.-including death, as well as subcontractor's operations under this contract, whether 'such operations be by contractor or by any subcontractor, or by anyone directly or indirectly ~loyed by either contractor or any subcontractor. Me amounts of said insurance shall be as follows: t. Public Liability Insurance - In an amount not less than $100,000.00 for injuries, including, subject to the same limit for each person, on account of any one occurrence. 2. Property Damage Insurance - In an amount of not less than $50,000.00 for damage to the-property of each person on account of any one occurrence. Contractor shall furnish the City of Tusttn, satlsfacl~ory proof of carriage of the insurance required and adequate legal assurance that each carrier will give the City at least thirty days prior notice of the cancellation of any policy during the effective period of this contract and shall provide to the City an insurance certificate, as attached to Section C with the contract documents. ARTICLE VI I I. (1) If any action at law or in equity is necessary to enforce or interpret the terms of the Agreement, the prevailing party~shal.! be entitled to reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which it may be entitled. If any action is brought against contractor or any subcontractor to enforce a Stop Notice or Notice to Withhold which names City as a party to said · action, City shall be entitled to reasonable attorney's fees, costs, and necessary disbursements arising out of the processing of Stop Notices or Notices to Withhold fi 1 ed wi th City. (2) It is agreed by ihe parties her,eto that- in the event the total work called for hereunder and all parts and requirements not commenced, finished or completed within the number of days set forth herein, damage will be sustained by the City, in that it is and will be impractical and extremely difficult to ascertain and determine the actual damage which City will sustain in the event of and by reason of such delay: C-4' Ii; is therefore agreed that contractor will pay to City the sum of One Hundred Dollars ($100.00) per day for each and every calendar day"s delay in finishing the .~. work in excess of the number of days prescribed herein and contractor agrees to pay 'said damages herein provided for and further agrees that City may deduct the amount thereof from any monies due or that may become due contractor hereunder. In Witness Whereof, the parties of these presents have hereunto set their hands and seals the year and the date first above written. THE CITY OF TUSTIN DATE OF EXECUTION BY CITY OF lqJSTIN .... ( Seal ) . . BY: ~yor' lot t~le Clty O~ TUStln Contract Approved: Date. ATTEST: City clerk Of the "City of Tustin Clty' Attorney APPROVED AS TO CONTENT: . . Oate · o ¢1 ty Eng'l nee r BY contractor C-5 CITY OF TUSTIN ORANGE COUNTY, CALIFORNIA CONTRACT ii i! jANITORIAL SERVICES - PARKS This agreenmnt, nmde and concluded, in triplicate, this day of , one thousand nine hundred and eighty-five between the 'lcitY- Of Tustln, Callfor6ia, party of the first part, and_~American. Building Maintenance _ Co. 921 E. 61st. St.reet~ Los Angeles~ iCA 90001 -- mi i I m m i i I i i ii ContractOr, party of the second part' · ARTICLE I. Witnesseth, that for and in consideration of the payments and agreenents hereinafter ~ntioned, to be rode and perfo~ed by the said party of the first part, and under the conditions expressed in the bond, bearing date with these presents, and hereunto annexed the said party of the second part agrees with said party of the first part, at his own proper cost ~nd expense, to do all the work and furnish all the nmteria'ls, except such as are nmntioned in the Specifications to be · furnished by said party of the first part, necessary to and c, omplete in good work~nlike and substantial nmnner and to the satisfaction of the said party of the first part, in accordance with the specifications entitled, Janitorial Services - _ Parks. . __ _ ARTICLE II. And said Contractor agree~,o receive and accept the following prices as full compensation for doing all the work contemplated and enbraced in the Agreenent; and also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City of Tustin, and for all risks of every description connected with the 'work; also for all expenses incurred by-or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the ~nner and according to the plans and specifications, and the requirements of the Engineer under them, to wit: C-1 Item PROPOSAL iii i il Item with Unit Prices Approximate Written tn Words uanti Centennial Park Monday through Sunday One dollar and sixteen . ' per sq. fl~. im Unit Price Total in in Fi utes Fi res Frontier Park Monday through Sunday One dollar and nineteenlcents _ ~ _ per 'sq.ft. _ Magnolia Park Monday through Sunday One dollar and seventy twq Gents_ - _ per sq.ft. Pine Tree Park Monday through Sunday On.e dollar and thirty nine_ c~ntq- ,, _ per sq'ft. Pepper Tree Park Monday through Sunday Eiahtv two cents -- per sq~. -- Columbus Tustin Park Monda~ through Sunday Eighty eight cents - per sq. ft. 144, sq.¢t. $1.16 $167.04 140 sq.ft. $1.1g $166.60 84 sq.ft. $1.72 $144.48 lZO sq. f~. $1.39 $166.80 '257 sq.ft. $0.82 $210.74 216 sq.ft. $0.88 $190.08 TOTAL BID $1,045.74 __ In case of a discrepancy between unit'price w~rds and figures entered, the words shall prevail. C-2 ARTICLE III. The said party of the first part hereby promises and agrees with the said Contractor to employ, and does hereby employ, the said Contractor to provide ,he materials and to do the work according to.the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions above set forth; and the said parties for themselves, their heirs, .executors, admtn4strators, successors, and assigns do hereby agree to the full performance of the covenants herein contained. ARTICLE IV. It is further expressly agreed by and between the parties hereto that should there be any conflict between the term~ of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. ARTICLE V. 1. The Contractor shall, as a penalty to theCITY OF TUSTIN, forfeit Twenty-Five Dollars ($25.00) for each calendar day or portion thereof for. each worker paid (either by Contractor or any subcontractor under Contractor) less than the prevailing rate set forth herein on the work provided for in this contract, all in accordance with Sections 1774 and 1775 of the Labor Code of the State of California. 2. Contractor acknowledges that he is also aware ef the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or undertake self-lnsurance in accordance with th~ provtsi'ons of that code and will comply with such provisions before commenci, ng the ~erformance of the work of this contract. ARTICLE VI. The Contractor shal.1 indemnify and save harmless the City of Tustln and all officers and employees thereof from all claims, suits, or actions of every name, kind and descr~ption, brought for, or on acc~t of, injuries to or death of any person including but not limited to workmen and the public, or damage to property resulting from the construction of the work Oh by or in consequence of any negligence regarding the work, use of improper materials or equipment in performance of the work, neglect or refusal of Contractor to faithfully perform the work and all of Contractor's obligations under the Contract, or by or on account of any act or omission by the Contractor or his agents or a subcontractor or his agents or a third party during the progress of the work or at any time before its completion and final acceptance, or which might arise in connection with the agreed work or is caused by or happening in connection with the progress of said work, save and except claims arising through the sole and exClusive ne. gligence or sole and exclusive wilfull misconduct of the City of Tusttn. The'defense in indemnification by Contractor sh,all include all costs an.d expenditures including attorney's fees incurred by the City of Tustin or its employees, officers or agents with respect to such claim or suit and Contractor~will, if. requested by City of Tustin, defend any litigation arising out of such claim at the sole cost and expense of Contractor. C-3 In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the contract as shall be considered necessary in the sole discretion of the City of Tustin may be retained .by the City until disposition has been made of such claims for damages as aforesmaid. ARTICLE VII. Contractor shall take out and maintain, during the life of this contract, such public liability and property dam~.ge insurance and shall protect the City of Tustin, its elective and appointive boarOs, officers, agents and employees, contractor and any subcontractor performing work covered by this contract from claims for damages for personal injury, including death, as well as subcontractor's operations under this contract, whether such operations be by contractor or by any subcontractor, or by anyone directly or indirectly employed by either contractor or any subcontractor. The amounts of said insurance shall be aS follows: 1. Public Liability Insurance - In an amount not less than $100,000.00 for injuries, including, subject to the same limit for each person, on account of any one occurrence. PropertY Damage Insurance - In an amount of not less than $50,000.00 for damage to the property of each person on account of any one occurrence. Contractor shall furnish the City of Tusttn, satis.facl~ory proof of carriage of the insurance required and adequate legal assurance that each carrier will give the City at least thirty days prior notice of the cancellation of any policy during the effective period of this contract and shall provide to the City an insurance certificate, as attached to Section C with the contract documents. ARTICLE VIII. (1) If any action at law or in equity is necessary to enforce or interpret the terms of the Agreement, the prevailing party shal.1, be entitled to reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which it may be entitled. If any action is brought against contractor or any subcontractor to enforce a Stop Notice or Notice to Withhold which names City,,:~s a party to said action, City shall be entitled to reasonable attorney's fees, costs, and necessary disbursements arising out of the processing of Stop Notices or Notices to Withhold fi 1 ed wi th Ci ry. (2) .It is agreed by the parties hereto that in'the event the total work called for hereunder and all parts and requirements not commenced, finished or completed within the number of days set forth herein, damage will be sustained by the City, in that it is and will be impractical and extremely difficult to ascertain and determine the actual damage which City will sustain in the event of and by reason of such de 1 ay: C-4 It is therefore agreed that contractor will pay to City the sum of One Hundred Dollars ($100.00) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed herein and contractor agrees to pay said damages herein provided for and further agrees that City may deduct the amount thereof from any monies due or that may become due contractor hereunder. · In Witness Whereof, the parties of these presents have hereunto set their hands and seals the year and the date first above written. THE CITY OF TUSTIN D~TE OF EXECUTION BY CITY OF TUSTIN Contract Approved: C1 ty I'Attorney APPROVED AS TO CONTENT: Date BY: (Seal) Mayor" ot the city of Tustin · ATTEST: City Clerk' of the C)ty O'f Tustln' Oate city Engineer i i BY Contractor C-5 CERTIFICATE OF INSUF CITY OF TUSTIN 300 Centennial Way --'"mtin, CA 92680 ADDRESS OF INSURED CONTRACTOR AND ADDRESS OF INSURANC~ AGENCY CITY OF TUSTIN AND DESIGNATION OF NAMEk DITIONAL INSURED NAME AND ADDRESS OF INS-LFRASk~ COMPANY (IES) Fype of ~ l:~l iq Policy fnsurance Ccmpany bhxnber Expiration Date 2c~sive Form Premises-OperatiOns Explosion and Collapse Hazard Underground Hazard Product s/ConDleted Operations ~a~ard ~ont~act,_~l Insurance Br'c ~orm Pr®perry Independent. Contractors PersonA1 In~,~r~ AUTOMDBILE LIABILITY 2omprehensive Form Cc~bined EXCESS LIABILITY Umbrella Form Other Than Umbrella Form WORKERS ' COMPENSATION And EMPLOYERS ' LIABILITY Limits of Liability in Thousands Each occurence a~s~me Bodily Injury $ $ Bodily Injury & Property Damage Combined $ $ PERSONAL INJURY (each person ) $ Bodily Injury each Occurrence Property Damage $ $ Bodily Injury & Property Damage Ccmbined $ $ Bodily Injury & Property Damage $ Combined $ Statutory ( each $ accident ) It J~ osrti~q~q ~ a ~aix~r of s~ to t/~ ext~r~ t/~ City ~ ~ ~ ~ i~ ~~ ~ ~. ~te Iss~: ~ ~DI~TIO~ OR ~DITI~S ~ ~ ~E ~ ~S ~. R: 9/25/82 ( P-Tustin ) C-6 CITY OF TUSTIN ORANGE COUNTY, CALIFORNIA CONTRACT JANITORIAL SERVICES - PARKS i i m ~ll ii This agree~nt, ~de and concluded, in triplicate, this day of _, one thousand nine hundred and eighty-five between 'the city' of Tustln, California, party of the first part, and American Buildin~ Ma. intenanceI _ Co.. 921 E. 61st. iStr'eetlz, LOS An.qe!esm CA. 90001 ~ ....... iiii · i ii iiiii Cont'ractor, Iparty o'f the second part. iii ARTICLE I. Wttnesseth, that for and in consideration of the paints and agre~nts hereinafter ~ntioned, to be rode and perfomed by the said party of the first part, and under the conditions expressed in the bond, bearing date with these presents, and hereunto annexed the said party of the second part agrees with said party of the first part, at his o~ proper cost and expense, to do all the work and furnish all the ~terials, except such as are ~ntioned in the Specifications to be furnished by said party of the first part, necessary to and complete in good. workmnlike and subs~ntial ~nner and to the satisfaction of the said party of the first part, in accordance with the specifications entitled, Janitorial S.er.vices - _ Parks. _ ARTICLE 1I. And said Contractor agrees't-o receive and accept the followt'ng prices as full compensation for doing all the work contemplated and embraced in the Agre~ent; and also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforseen difficulties or obstructions which may arise' or be encountered in the prosecution of the work until its acceptance by the City of Tustin, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the Suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the ~nner and according to the plans and specifications, and the requirements of 'the Engineer under them, to wit: C-1 PROPOSAL · JANITORIAL SERVICES - PARKS tam wi th Untt Prices Written tn Words Approximate Centennial Park Monday through Sunday One dollar and sixteen . per sq. fl~. Unit Price Total in in Fi utes Fi utes Frontier Park Monday through Sunday One dollar and nineteen cents ~ per sq. ft. 144, sq.ft. $1.16 $167.04 Magnolia Park Monday through Sunday One dollar and seventy two cents i per sq.ft. Pine Tree Park Monday through Sunday One dollar and thirty nine_ ~.[l~n~.,(~- I ' per sq. f~. Pepper Tree Park Monday through. Sunday Eiqhl~v two cents _ per sq~t. Columbus Tustin Park Monda~ through Sunday Eighty eight cents - ~ per sq.f~. 140 sq.ft. $1.19 $166.60 .84 sq.ft. $1.72 $144.48 !ZO sq. f~,. $1.39 $166.80 257 sq.ft. $0.82 $210.74 216 sq.ft. $0.88 $190.08 TOTAL BID $1,045.74 _ In case of a discrepancy between unit price words and figures entered, the words · shall prevail. C-Z ARTICLE IIZ. The said party of the first part hereby promises and agrees with -+.he said Contractor to employ, and does hereby employ, the said Contractor to provide he materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions above set forth; and the said parties for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained. ARTICLE IV. It is further expressly agreed by and between the parties hereto that should there be any conflict between the term~ of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. ARTICLE V. 1. The Contractor shall, as a penalty to the CITY OF TUSTIN, forfeit Twenty-Five Dollars {$2S.00) for each calendar day or portion thereof for each worker paid (either by Contractor or any subcontractor under Contractor) less than the prevailing rate set forth herein on the work provided for in this contract, all in accordance with Sections 1774 and 1775 of the Labor Code of the State of California. 2. Contractor acknowledges that he is also aware ef the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or undertake self-insurance in accordance with the p~ovtsions of that code and will comply with such provisions before commencing the oerformance of the work of this contract. aRTICLE VI. The Contractor shall indemnify and save harmless the City of Tustln and all officers and employees thereof from all claims, suits, or actions of every, name, kind and description, brought for, or on accent of, injuries to or death of amy person including but not limited to workmen and the public, or damage to property resulting from the construction of the work 06 by or in consequence of any negligence regarding the work, use of.improper materials or equipment in performance of the work, neglect or refusal of Contractor to faithfully perform the work and all of Contractor's obligations under the contract, or by or on account of any act or omission by the Contractor or his agents or a subcontractor or his agents or a third party during the progress of the work or at any time before its completion and final acceptance, or which might arise in connection with the agreed work or is caused by or happening in connection with the progress of said'work, save and except claims arising through the sole and exclusive negligence or sole and exclusive wilfull misconduct of the City of Tustin. The defense in indemnification by Contractor shall 'include all costs and expenditures including attorney's fees incurred by the City of Tustin or its employees, officers or agents with respect to such claim or suit and Conl~ractor will, if requested by City of Tustin, defend any litigation arising out of such claim at the sole cost and expense of Contractor. C-3 In addition to any remedy authorized by law, so much of the money due the. Contractor under and by virtue of the contract as shall be considered necessary in the sole discretion of the City of Tustin may be retained by the City until disposition has been made of such claims for damages as aforesatd. ARTICLE VII. Contractor shall take out and matntai'n, during the life of this contract, such public liability and Property dame. ge insurance and shall protect the City of Tustin, its elective and appointive boards, officers, agents and e~loyees, contractor and any subcontractor performing work covered by this contract from claims for damages for personal 'injury, including death, as well as subcontractor's operations under this contract, whether such operations be by contractor or by any subcontractor, or by anyone directly or indirectly employed by either contractor or any subcontractor. The amounts of said insurance shall be as follows: 1. Public Liability Insurance - In an amount not less than $100 , 000 . 00 for injuries, including, subject to the same limit' for each person, on account of any one occurrence. Property Damage Insurance - In an amount of not less than $50,000.00 for damage to the property of each person on account of any one occurrence. Contractor shall furnish the City of Tustin, satisfacl~ory proof of carriage of the insurance required and adequate legal assurance that each carrier will give the City at least thirty days prior notice of the cancellation-of any policy during the effective period of this contract and shall, provlde to the City an insurance certificate, as attached to Section C with the contract documents. ARTICLE VIII. (1) If any action at law or in equity is n~c-essary to enforce or interpret the terms of the. Agreement, the prevailing party shal.1-be entitled to reasonable .attorney's fees, costs, and necessary disbursements in addition to any other relief to which it may be entitled. If any action is brought against contractor or any subcontractor to enforce a Stop Notice or Notice to Withhold which names City as a party to said action, City shall be entitled to-reasonable attorney's fees, costs, and necessary disbursements arising out of the processing of Stop Notices or Notices to Withhold filed with City. .. (2) It is agreed by the parties hereto th'at in-the event the total work called for hereunder and all parts and requirements not commenced, finished or completed within the number of days set forth herein, damage will be sustained by the City, in that it is and will be impractical and extremely difficult to ascertain and determine the actual damage which City will sustain in the event of and by reason of such de 1 ay: C-4 It is therefore agreed that contractor will pay to City. the sum of One Hundred Dollars ($100.00) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed herein and contractor agrees to pay said damages herein provided for and further agrees that City may deduct the amount thereof from any monies due or that may become due contractor hereunder. In Witness Whereof, the parties of these presents .have hereunto set their hands and seals the year and the date first above written... THE CITY OF TUSTIN DATE OF EXECUTION BY CIl~ OF TUSTIN (Seal) . . BY: )~ayl6'r "d'¥' tile" "~1 ty o~I. Tustl n .... Contract Approved: (~1 ty IAtt'o'rney APPROVED AS TO CONTENT: i ATTEST: cflty clerk' of""the City Of TuStln Date "city £ngl'neer ' BY Contractor C-$ CITY OF TUSTIN ~ CEBTIFICATE OF INSU7 ~ AND DESIGNATION OF NAMEk DITIONAL INSURED O: CITY OF TusTIN 300 Centennial Way -'~tin, CA 92680 ADDRESS OF INSURED CONTRACTOR NAME AND ADDRESS OF I1NFo--~ CflMPANY (lES) ype of ~ l:h~l ~q Policy n.surance CcmlDany Number Expiration Date c~sive Form remises-Operations Xplosion and Collapse Hazard ~nderground Hazard =oducts/Ccmpleted Opera~ions Pla ~.ard '.ont~actual Insurance ~rt ."orm Property independent Contractors 'erson~ Injury ~~BILE :cmpr~sive Form {ired i~S LIABILITY ~brella Form ~her Than Umbrella Form DRKERS ' ;CMPENSATION And ,/~PLOYERS ' .IABILITY Limits of Liability in Thousands Each Occurence ~ Bodily Injury $ $ Property D~mage $ Bodily Injury $ & Proper~y Damage Ccmbined. PERSONAL INJURY $ Bodily Injury $ $ (each person ) Bodily Injury each $ $ Property Damage $ $ Bodily Injury & Property Damage Ccmbined $ $ Bodily Injury & Property Damage $ $ Ccmbined $ $ Statutory ( each $ accident ) aticn. Date Issue: MODIFICATIONS OR ADDITIONS MAY MADE TO THIS FORM. 9/25/82 ( P-Tust in ) -C-6