HomeMy WebLinkAboutCC 12 PAVMNT MARKING 11-04-85 CONSENT CALENDAR
NO. 12
DATE: OCTOBER 25, 1985
TO:
THRU:
FROM:
SUBJECT:
WILLIAM HUSTON, CITY MANAGER ~:2~/
BOB LEDENDECKER, DIRECTOR OF PUBLIC WORKS/CITY ENGINEE~
/v
MONDA BUCKLEY, ADMINISTRATIVE ASSISTANT
EXTENSION OF ANNUAL PAVEMENT MARKING PROGRAM
FILE #2323
RECOMMENDATION:
Request the Tustin City Council, at their regular meeting of November 4, 1985, to
extend the Annual Pavement Marking Program contract to J & S Sign Company, Inc.
BACKGROUND:
In 1982, Council awarded the Annual Pavement Marking Program contract to J & S
Sign Company, Inc. The contract provided for: 1) two renewals, dependent on
performance; and, 2) price increase in accord with the current Consumer Price
Index (C.P.I.).
The company has been awarded two renewals; at this time, staff is requesting
Council to extend the contract for one additional year. The City Attorney has
advised that a contract extension is within the City's legal'right. Staff feels
this request is in the best interest of the City for the following reasons: 1)
a change in contractor's could significantly alter the cost of any work in
progress as well as the cost of the work scheduled in the very near future; 2) the
company, over the last three years, has worked diligently with staff to insure
deadlines were met and emergency work completed in the warranted time frame.
All terms and conditions, except renewals, of the existing contract would
prevail. The current five percent (5%) C.P.I. increase would escalate the
engineer's estimate of $23,588.31 in fiscal 1984-85 to $24,767.72 in fiscal
1985-86.
If Council does not desire to extend the existing contract, staff requests Council
to authorize the City Clerk to advertise for bids for the Annual Pavement Marking
Program contract (specifications prepared). The engineer's estimate for this
contract is $30,000.00. The following schedule is suggested:
Council authorization to advertise ......................... November 4, 1985
First legal advertisement .................................. November 14, 1985
Second legal advertisement ................................. November 21, 1985
Bid opening ................................................ December 4, 1985
Council award of contract .................................. December 16, 1985
Monda Buckley
Administrative Assistant
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RESOLUTION NO. 85-109
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING SPECIFICATIONS FOR THE ANNUAL PAVEMENT
MARKING PROGRAM AND DIRECT CITY CLERK TO ADVERTISE FOR BIDS
WHEREAS, it is the intention of the City Council of the City of Tustin,
California to maintain existing pavement markings and implement new pavement
markings as needed at various locations in the City of Tustin, and;
WHEREAS, the City Engineer has presented specifications for the
purpose of accomplishing this work;
NOW THEREFORE, BE IT RESOLVED that the specifications presented by the
City Engineer be and are hereby approved as the specifications for:
ANNUAL PAVEMENT MARKING PROGRAM
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and
directed to advertise as required by law for the receipt of sealed bids or
proposals for the doing of the work specified in the aforesaid specifications
which said advertisement shall be substantially in the following words and
figures to-wit:
"NOTICE TO CONTRACTORS"
SEALED PROPOSALS will be received at the office of the City Clerk,
Tustin City Hall, 300 Centennial Way, Tustin, California, until 10:00 AM on
the 4th day of December, 1985, at which time they will be publicly opened and
read,---~ror performing work as follows:
ANNUAL PAVEMENT MARKING PROGRAM
Bids are required for the entire work described herein:
SCHEDULE OF WORK ITEMS
ITEM NO.
UNIT QUANTITY DESCRIPTION
1. L.F.
2. L.F.
3. L.F.
4. L.F.
5. L.F.
196,180
31,550
45,550
29,160
104,400
6. L.F. 26,180
7. L.F. 14,860
8. EA.
9. EA.
10. L.F.
11. L.F.
4" Wide Broken Line, White or Yellow
4" Wide Solid Line, White or Yellow
6" Wide Solid Line, White (Bike Lane)
8" Wide Solid Line, White
Double 4" Wide Solid Yellow Lines with 3" Black
Lines Between Yellow Lines
Double 4" Wide Solid and Broken Yellow Lines with
3" Black Lines Between Yellow Lines
Double 4" Wide Broken Yellow Lines with 3" Black
Lines Between Yellow Lines
8' Directional Arrows, White
8' Letters, White or yellow
12" Wide Solid Line, White or Yellow
24" Wide Solid Line (Cross Hatching), White or
Yellow
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ITEM NO.
2
12.
4 i3.
14.
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SCHEDULE OF WORK ITEMS
UNIT QUANTITY DESCRIPTION
S,Fo
L.S.
L.F.
Sandblasting for Existing Paint Removal
Minimum Charge for Sandblasting Mobilization
Layout of Lines for New Marking
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The foregoing quantities are approximate only, being given as a basis
for the comparison of bids, and the City of Tustin does not, expressly or by
implication, agree that the actual amount of work will correspond therewith.
The City reserves the right to increase or decrease the amount of any class
or portion of the work or to omit portions of the work as is required or as
may be deemed necessary or advisable by the Engineer or Street Superintendent.
The quantities as stated herein for bid comparison purposes are based on past
annual pavement marking quantities. The provisions of Section 4-1.03B,
"Increased or Decreased Quantities," of the Standard Specifications shall not
apply to this contract.
Specifications and proposal forms to be used for bidding on this project
can only be obtained by prospective bidders at the office of the City Clerk,
Tustin City Hall, 300 Centennial Way, Tustin, California, 92680, upon payment
of $3.00 per set, which amount shall be non-refundable.
Specifications will be mailed out upon payment of $5.00 per set, which
amount shall be non-refundable.
In conformance with Section 37931 of the Government Code, all bids shall
be presented under sealed cover on the proposal form provided and accompanied
by one of the follOwing forms of bidder's security:
a. Cash
b. Cashier's check made payable to the City of Tustin.
c. Certified check made payable to the City of Tustin.
d. Bidder's bond executed by an accredited surety insurer,
made payable to the City of Tustin.
The security shall be in an amount equal to at least ten percent (10%)
of the amount of the bid. A bid shall not be considered unless one of the
forms of bidder's security is enclosed therewith.
A Labor and Materials Bond for payment of labor and materials will be
required in the amount of fifty percent (50%) of the estimated total contract
price. A Faithful Performance Bond in the amount of one hundred percent
(100%) of the estimated total contract price will be required. Said bonds
shall be of the form attached to the contract documents and shall be issued
by a Surety Company rated Grade A or better and Class IX or better by the
latest edition of Best's Key Rating Guide.
City of Tustin reserves the right to reject any or all bids, and/or
waive any informality on a bid. No bidder may withdraw his bid for a period
of thirty (30) days after the date set for the opening thereof.
The contract will be awarded to the lowest qualified bidder.
Provisions of the State Contract Act are not applicable, and prospective
bidders will not be required to be prequalified.
All work to be done under the direct supervision of the Street
Superintendent and City Engineer, City of Tustin.
All work to be paid for monthly at the unit prices bid from appropriated
monies.
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The City Council of the'city of Tustin has obtained from the Director of
Industrial Relations the general prevailing rate of per diem wages and the
general prevailing rate for legal holiday and overtime work in the locality
in which the work is to be performed for each craft or type of work needed
and a copy of the same is on file in the off. ice of the City Clerk.
Not less than said prevailing rates shall be paid to workers employed on
this public works contract as required by Labor Code Sections 1771 and 1774
of the State of California.
PASSED AND ADOPTED by the City Council of the City of Tustin,
California, this day of , 1985.
Frank H. Greinke
Mayor
ATTE ST:
Mary E. Wynn
City Clerk
Advertise in the Tustin News:
November 14, 1985
November 21, 1985
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CITY OF TUSTIN
ORANGE COUNTY, CALIFORNIA
CONTRACT
FOR ANNUAL PAVEMENT MARKING PROGRAM
This a reement, made and concluded, in triplicate, this day of
one thousand nine hundred and eighty-five between the City of
Tustin, California, party of the first part, and J and S Sign Company, Inc., a
corporation organized and existing under and by virtue of the laws of the State
of California and authorized to do business in the State ofa i ornia
Contractor, party of the second part.
ARTICLE I. 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 two bonds, 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 construct 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, Annual Pavement
Marking Program and in accordance with the "Standard Specifications' dated January
1981 of the State of California, Business and Transportation Agency, Department of
Transportation, which said specifications and standard specifications are hereby
specifically referred to and by such references made a part hereof. Said
specifications are on file in the office of the City Engineer of the City of Tustin,
California.
ARTICLE II. And said Contractor agrees to receive and accept the following
prices as full compensation for furnishing all materials and 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:
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SCHEDULE OF WORK ITEMS AND CONTRACT PRiGES
ANNUAL PAVEMENT MARKING PROGRAM
Item
No.
Item With Unit Price
Written In Words
Approximate
Quantity
Unit Price
In Figures
Total In
In Figures
1.
Furnish 4" Wide Broken Lines,
White or Yellow at Point zero
two eight seven cents
196,180 L.F.
$ 0.0287
$ 5,515.57
Per Lineal Foot
2.
Furnish 4" Wide Solid Line, White
or Yellow at Point zero five
zero six cents
31,550 L.F.
$ 0.0506
$ 1,525.50
Per Lineal Foot
3.
Furnish 6" Wide Solid Line, White
for Bike Lane at Point zero
seven two five cents
45,550 L.F.
$ 0.0725
$ 2,069.88
Per Lineal Foot
4.
Furnish 8" Wide Solid Line, White
at Point zero seven eight one
29,160 L.F.
$ 0.0781
$ 2,191.49
cents
Per Lineal Foot
5.
Furnish Double 4" Wide Solid
Lines, Yellow with 3" Wide Black
Line Between Yellow Lines at
Point one zero six six cents
104,400 L.F.
$ 0.1066
$11,129.04
Per Lineal Foot
6.
Furnish double 4" Wide Solid and
Broken Lines, Yellow with 3" Wide
Black Line Between Yellow Lines at
Point one zero one two cents
26,180 L.F.
$ 0.1012
$ 827.82
Per Lineal Foot
7.
Furnish Double 4" Wide Broken
Yellow Lines with 3" Black Lines
Between Yellow Lines at Point
one zero one two cents
14,860 L.F.
$ 0.1012
$ 1,503.83
Per Lineal Foot
TOTAL CONTRACT $ 24,763.13
Total or gross sum written in words Twenty four thousand seven hundred and sixty-three
dollars and thirteen cents
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The City reserves the right to add any or all of the following Bid Items No. 8 through
No. 4 to the Annual Pavement Marking contract at the unit prices designated below:
Item
No.
Item With Unit Price
Written In Words
Bid Unit
Unit Price
In Figures
8.
Furnish 8 Ft. Directional Arrows,
White at Six dollars and seventy
three cents
Each
$ 6.73
Per Each
9.
Furnish 8 Ft. Letters, White or
Yellow at Five dollars and sixty
one cents
Each
$ 5.61
Per Each
10.
Furnish 12" Wide Solid Line, White
or Yellow at Four and one half
cents
Lin. Ft.
$ 0.0450
Per Lineal Foot
11.
Furnish 24" Wide Solid Line
(Cross Hatching for Crosswalks),
White or Yellow at Eighty-five
cents
Lin. Ft.
$ .85
Per Lineal Foot
12.
Sandblasting for Existing Paint
Removal at One dollar and twelve
cents
Sq. Ft.
$ 1.12
Per Square Foot
13.
Minimum Charge for Sandblasting
Mobilization at Five hundred and
four dollars and sixty cents
Lump Sum
$504.60
Per Lump Sum
14.
Layout of Lines for New Pavement
Marking at Point zero three
three zero cents
Lin. Ft.
$ 0.0330
Per Lineal Foot
In case of a discrepancy between unit price words and figures entered, the words shall
prevail.
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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
the 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 terms 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 CITY OF TUSTIN has obtained from the Director of Industrial Relations
the general prevailing rate of per diem wages and the general prevailing rate for
legal holiday and overtime work in the locality in which the work is to be performed
for each craft or type of work needed to execute this contract and maintains copies
thereof in the office of the City Clerk. The Contractor agrees that not less than
said prevailing rates shall be paid to workers employed on this public works contract
as required by Labor Code Sections 1771 and 1774 of the State of California.
2. The Contractor shall, as a penalty to the CITY 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.
3. Section 1773.8 of the Labor Code of the State of California, regarding the
payment of travel and subsistence payments, is applicable to this contract.
4. Section 1777.5 of the Labor Code of the State of California, regarding the
employment of apprentices, is applicable to this contract if the prime contract
involves ThirtyThousand Dollars $ 30,000.00 or more, or twenty ( ) y (20) working days or
more, or if contracts of subcontractors not bidding for work through the general or
prime contractor involve Two Thousand Dollars ($2,000.00) or more, or five (5) working
days or more.
5. In performance of this contract, not more than eight (8) hours shall constitute
a day's work. The Contractor shall conform to Article 3, Chapter 1, Part 7 (Sections
1810 et seq.) of the labor Code of the State of California, and shall forfeit to the
City as a penalty, the sum of Twenty Five Dollars ($25.00) for each worker employed in
the execution of this contract by Contractor or any subcontractor for each calandar
day during which any worker is required or permitted to labor more than eight (8)
hours in any one calendar day and forty (40) hours in any one week in violation of
said Article. Contractor shall keep an accurate record showing the name and actual
hours worked each calendar day and each calandar week by each worker employed by
Contractor in connection with the public work.
6. Contractor agrees to keep accurate payroll records showing the name, address,
social security number, work classification, straight time and overtime hours worked
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each day and week and the actual per diem wages paid to each journeyman, apprentice
or worker employed by him in connection with the public work, and agrees to insist
that each of his subcontractors do the same. Contractor further agrees that his
payroll records and those of his subcontractors shall be available to the employee
or his representative, the Division of Labor Standards Enforcement, and the Divison
of Apprenticeship Standards, and shall comply with all of the provisions of Labor
Code Section 1776, et seq., in general.
7. Contractor acknowledges that he is also aware of 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
provisions of that code and will comply with such provisions before commencing the
performance of the work of this contract.
ARTICLE VI. The Contractor shall indemnify and save harmless the City of Tustin and
all officers and employees thereof from all claims, suits, or other actions of every
name, kind and description, brought for, or on account of, injuries to or death of
any person including but not limited to workmen and the public, or damage to property
resulting from:
1. Construction of the work;
2. As a consequence of any negligence regarding the work;
3. The use of improper materials or equipment in performance of the work;
4. Neglect or refusal of contractor to faithfully perform the work and all of
contractor's obligations under the contract;
5. On account of any act or omission by 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;
6. As a result of any defective design or construction in the completed work
notwithstanding acceptance by the City of Tustin;
7. On account of any passive or active negligent act or omission by the City of
Tustin, its officers, employees and agents, save and except claims arising
through the sole and exclusive negligence or sole and exclusive wilfull
misconduct of the City of Tustin and its officers, employees and agents.
The defense in indemnification by contractor shall include all costs and expenses
including attorney fees incurred by the City of Tustin or its employees, officers or
agents with respect to such claim, suits or actions of every name. Contractor will,
if requested by the City of Tustin, defend any litigation arising out of such claim
at the sole cost and expense of contractor.
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 of Tustin until
disposition has been made of such claim or claims for damages as aforesaid.
ARTICLE VII:
"Contractor shall take out and maintain during the life of the contract comprehensive
automobile and general liability insurance that provides protection from claims which
may arise from operations or performance under this contract. The contractor shall
require any subcontractor to provide him with evidence of the same liability
insurance coveragess. The amount of the insurance shall not be less than the
following:
C-5
Single limit coverage applying to bodily and personal injury liability and property
damage: $5,000,000.00.
The following endorsements must be indicated on the certificate:
1. The City of Tustin, its elective and appointive boards, officers, agents and
employees are named as additional insureds in the policy as to the work being
performed under the contract;
2. The coverage is primary and no other insurance carried by the City of Tustin will
be called upon to contribute to a loss under this coverage;
3. The policy covers blanket contractual liability;
4. The policy limits of liability are provided on an occurrence basis;
5. The policy covers broad form property damage liability;
6. The policy covers personal injury, as well as bodily injury liability;
7. The policy covers explosion, collapse and underground hazards;
8. The policy covers products and completed operations;
9. The policy covers use of non -owned automobiles; and
10. The coverage shall not be cancelled nor materially altered unless and until
thirty (30) days written notice is first given to the City of Tustin.
Contractor shall furnish the City of Tustin with satisfactory proof of insurance
coverage as required."
ARTICLE VIII.
(1) If any action at law or in equity is necessry to enforce or interpret the terms
of the Agreement, the prevailing party shall 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.
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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
(Seal)
Contract d and proved:
Date
VP15111-y Aftorney
APPROVED AS TO CONTENT:
y!h tee:+.. - '/_ - Date/.2
City - Engineer
(Seal)
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
TUSTIN %- /r%- �4
4-mr'4�•
BY:
Mayor of the City of Tustin
ATTEST: 'V" C . w
City Clerk t e Cit of Tustin
J AND S SIGN COMPANY, INC.
A California Corporation
BY 4Z gt
JonPeri-ch Jr., Wresident
BY
Carolyn eric , Secretary
On December 12th , 19 85 , before me, the undersigned, a Notary Public in and for
the said state personally appeared John Perich, Jr., known to me to be the President,
and Carolyn Perich, known to me to be the Secretary of J and S Sign Company, Inc., the
corporation that executed the within instrument, known to me to be the persons who
executed the within instrument on behalf of the corporation herein named, and
acknowledged to me that such corporation executed the within instrument pursuant to
its bylaws or a resolution of its Board of Directors.
OFFICIAL SEAL
SUSAN J. PAULSEN
NOTARY PUBLIC -CALIFORNIA
t PRINCIPAL OFFI-E IN
ORANGE COUNTY
My Commission Expires Mar. 20. 1987
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Witness
I
my hand
and -official
seal
, 4.6
� 5�_(9rn
. .
NO ARY
PUBLI IN
AND
FOR SAID
STATE
Bond No. 4996200
Amount $ 24,763.13
Premium: $147.00
CITY OF TUSTIN
PUBLIC CONTRACT
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That J and S Sign Company, Inc., A
California Corporation , as and hereinafter referred to collectively as,
"Principal", and SAFECO INSURANCE COMPANY OF AMERICA
a corporation organized and existing under the laws of the State of
Washington , and duly authorized to transact surety business in the
State of California, as, and hereinafter referred to as, "Surety", are held and
firmly bound unto the City of Tustin hereinafter referred to as the "City", in the
sum of $ 24,763.13
, for payment of which Principal and
surety bind themselves, their heirs, administrators, successor and assigns, jointy and
severally as follows:
THE CONDITION OF THE ABOVE OBLIGATION IS THAT:
1
WHEREAS, Principal has entered into a contract dated
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19 with City to do and perform the following, generally
described work, which is more particularly described in said contract:
For the Annual Pavement Marking Program.
WHEREAS, all of such improvements are to be constructed and installed in
accordance with the specifications described, referred to and incorporated in said
contract; and
WHEREAS, Principal shall commence and complete the construction and
installation of such improvements as provided in said contract; and
NOW,THEREFORE, if Principal shall faithfully perform all agreements contained in
the aforesaid contract, then this obligation shall be null and void.
ME
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PROVIDED, HOWEVER, if Principal shall not faithfully perform all agreements
contained in the hereinabove described contract and all obligations, then this
obligation shall remain in full force and effect.
PROVIDED FURTHER, HOWEVER, that Surety hereby F
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change, extension of time, alteration or modificati( a o _
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of the work to be performed thereunder shall in an, o
bond and it does hereby waive notice of any such r
or modification of the contract documents or of
PROVIDED FURTHER, that in case suit is br
other person who may bring an action on this i
fixed by the Court, shall be paid by Princip;
NOTE: Attach proper acknowledgements
for both Surety & Principal.
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POWER OF SAFECO INSURANCE COMPANY OF AMERICA
ATTORNEY HOME OFFICE: SAFECO PLAZA
SEATTLE, WASHINGTON 98185
SAFECO
No. 7075
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint
--------KATHLEEN D. JONES, Los Angeles, California -----------------
its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or
undertakings and other documents of a similar character issued by the company in the course of its business, and to bind
SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its
regularly elected officers at its home office.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 5th day of June 19 85
CERTIFICATE
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. — FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any
Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority
to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the
company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business. .. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any
instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be
impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the
validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
y "On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By -Laws, and
(ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, W.D. Hammersla, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing
extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued
pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full
force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 9th day of December 19 85
S-1300 R4 8/81 PRINTED IN U.S.A.
Bond No. 4996200
Amount $ 12,381.56
Premium: I n
CITY OF TUSTIN
PUBLIC CONTRACT
LABOR AND MATERIALS
KNOW ALL MEN BY THESE PRESENTS: That J and S Sign Company, Inc., A
California Corporation, as and hereinafter referred to collectively as "Principal"
and SAFECO INSURANCE COMPANY OF AMERICA , a corporation
organized and existing under the laws of the State of Washington
and duly authorized to transact surety business in the State of California, as and
hereinafter referred to as "Surety", are held and firmly bound unto the City of
Tustin hereinafter referred to as "City", in the sum of $ 12,381.56
for payment of which Principal and Surety bind themselves, their
heirs, administrators, successors and assigns, jointly and severally, as follows:
THE CONDITION OF THE ABOVE OBLIGATION IS THAT:
WHEREAS, Principal has entered into a contract dated
19 9!�>, with City to do and perform the following, generally described work, which is
more particularly described in said contract:
For the Annual Pavement Marking Program
WHEREAS, Principal shall commence and complete the construction and installation
of such improvements provided in said contract; and
NOW THEREFORE, if Principal shall pay the contractor, his subcontractor, and all
persons renting equipment or furnishing labor or materials to them for such
improvements,for the full cost of such improvements then this obligation shall be null
and void.
C-10
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PROVIDED, HOWEVER, if Principal shall not pay the subcontractor and all persons
renting equipment or furnishing labor or materials to them for such improvements for
the full cost of such improvements, then this obligation shall remain in full force
and effect and such contractor, subcontractor and persons shall have a direct right of
action against the Principal and Surety under this obligation, subject to priority of
City.
PROVIDED FURTHER, HOWEVER, that Surety stipulates and agrees that no change,
extension of time, alteration, or modification of the contract documents or of the
work to be performed thereunder shall in any way affect its obligation on this bond
and it does hereby waive notice of any such change, extension of time, alteration or
modification of the contract documents or of work to be performed thereunder; and
PROVIDED FURTHER that in case suit is brought upon this bond by the City or any
other person who may bring an action on this bond, a reasonable attorney's fee, to be
fixed by the court, shall be paid by Principal and Surety.
IN WITNESS WHEREOF, Principal and Surety have caused these presents to be duly
signed and sealed this 9th
NOTE: Attach proper acknowledgements
' for both Surety & Principal.
(Seal)
It APPROVE RM:
AoOCity At orney
APPROVED AS TO CONTENT: (Seal)
'City Engineer
C-11
day of December 19 85
SURETY:SAFECO INSURANCE COMPANY OF AMERICA
(NAME)
BY:
ttorney- n- c
Kathleen D. Jones,.,/
BY:
Address of Surety:
8250 Woodman Avenue
Van Nuys, CA 91409
J AND S SIGN COMPANY, INC.
By:
BY:
Ad
822 West Katel)a Avenue
Orange, CA 92667
POWER OF SAFECO INSURANCE COMPANY OF AMERICA
ATTORNEY HOME OFFICE: SAFECO PLAZA
SEATTLE, WASHINGTON 98185
SAFECO
No. 7075
KNOW ALL BY THESE PRESENTS.
That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint
----------------KATHLEEN D. JONES, Los Angeles, California ---------
its true and lawful attorneys► -in -fact, with full authority to execute on behalf of the company fidelity and surety bonds or
undertakings and other documents of a similar character issued by the company in the course of its business, and to bind
SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its
regularly elected officers at its home office.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 5th day of
CERTIFICATE
June
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA:
19 85 .
"Article V, Section 13. — FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any
Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority
to appoint individuals as attorneys -'in -fact or under other appropriate titles with authority to execute on behalf of the
company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any
instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be
impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the
validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
f On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By -Laws, and
(ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, W.D. Hammersla, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing
extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued
pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full
force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 9th day of December 19 85
5-1300 R4 8/81 PRINTED IN USA
*CITY OF TUS TIN
CERTIFICATE OF INS" 'NCE AND ICESIGNATICN OF NAMED AI rIONAL INSURED
U: CITY OF TUSTIN
300 Centennial Way
Tustin, CA 92680
WE AND ADDRESS OF INSURED CONTRACTOR
J & S SIGN COMPANY
822 West Katella Avenue
Orange, Ca 92667
ME AND ADDRESS OF INSURANCE AGENCY
TIPTON & COMPANY
3409 Temple Street
Los Angeles, CA 90026
PROJECT:
FOR ANNUAL PAVEMENT MARKING PROGRAM
File #2323
NAME AND ADDRESS OF INSURANCE CCMPANY(I'.
SAFECO INSURANCE COMPANY OF AMERICA
8250 Woodman Avenue
Van Nuys, CA 91409
:his is to certify that the policies of insurance listed below have been issued to the insured nam-
-d above, are in force at this time, that the City of Tustin is a named additional insured thereon
is respects claims arising in connection with the hereinabove named Project and that such insur-
ince shall be primary with respect to any other insurance in force purchased by the City of Tustin.
of Insurance Policy Policy Limits of Liability in Thousands
Insurance Company Number Expiration Each
Date Occurrence Aqqreqate
MUMAL LIA.BILIZY Safeco Ins. CP2057026
9/30/86-icdily
Injury
S
$
.=prehens ive form Co. of America
'remises rations
Property Damage
S
;xplosion and collapse
hazard
lnderground Hazard
)roducts/canpleted
operations hazard
Bodily Injury
$
1, 000 $ 1, 0 0 0
.ontractual insurance
& property
road form property
damage combined
damage
Independent contractors
'ersonal Injury
PERSONAL INJURY
$
IUTCMCBILE Safeco Ins. BA2057026
9/30/86
Bodily Injury
$
$
,IABILITY C o . of America
( each person)
:apprehensive form
Bodily Injury
$
$
)wmed
each
Occurrence
(fired
Property Damage
$
$
Bodily Injury &
:vbined
Property Damage
Combined
$
1 '000
CESS LIABILITY
Bodily Injury &
Property Damage
$
$
la form
'wer than Umbrella
Combined
$
$
Form
'CMPENSATION IStatutory
and (each
11PLaYYERS' $ accident)
LIABILITY
*t is certified that a waiver of subrogation is hereby issued to the City of Tustin as pertains to
,•he terns of all Workers Canpensation Insurance.
he issuing company will give thirty (30) days written notice to the City of Tustin prior to
•fication or cancellation. Date Is#.ie: December -9.,) 1985
DZFICATIONS OR ADDITIONS MAY BE MADE
' THIS FOR4. Authorized Representati the above-
named insurance canpa f(ies)
::9/25/82(P -Tustin)
C-12
CI TY OF �STI1T
C=FICATE OF INSURANCE AND DESI,11ATICN OF NAMED ADDI':ICNAL 11`15URED
CITY OF TUS TIN
300 Centennial Way
Tustin, CA 92680
elE AND ADCRESS OF INSURED CONIRACTOR
t�s�'2 iia', hatell.a
r..y
ME AND ADDRESS OF INSURANCE AGENCY
Insurance Service
c`. U. Boy. 8',7
Cja.:den i';rove, Ca. 92b.*2
PROJECT - ALL OPERATIONS
.AME AND ADDRESS OF
i`r .gym ont Indemn ). t y Co.
:30City Park'!dy West
Orange, Ca. 92668
E Cam.PANY (IFS )
is is to certify that the policies of insurance listed below have been issued to the insured nam -
above, are in force at this time, that the City of Tustin is a named additional insured thereon
respects claims arising in connection with the hereinabove named Project and that such insur-
ce shall be primary with resrect to anv other insurance in force purchased by the City_ of Tustin.
pe of Insurance Policy Policy Limits of Liability in Thousands
surance Canpany Number Expiration Each
Date Occurrence Acarecate
NERAL LIABILITY
mprehensive fonn
emises-cperations
plosion and collapse
hazard
derground Hazard
educts/cmple ted
operations hazard
ntractual insurance
"pad form property
damage
dependent contractors
rsonal Injury
ABILITY
mprehensive form
ned
red
nbined
brrila form
her than Umbrella
Form
y Inj ury $
Property Damage $
Bodily Injury $ $
& property
damage combined
PERSCNAL INJURY $
Bodily Injury $ $
(each person)
Bodily Injury $ $
each
Occurrence
Bodily Injury &
Property Damage
Canbined $
5wi.ty ink ury &
Property Damage $ $
Canbined $ $
RKSRSI
I:1damr)Jty s WP
`IPFSNSATICN Statutory
and ( each
PL=S $ 2,000 accident)
ABILITY
is certified that a waiver of subrogation is hereby issued to the City of Tustin as pertains to
e terms of all Woi2cers Compensation Insurance.
ef
ssuing company will give thirty (30)
ication or cancellation.
.ODIFICATIOFZ OR ADDITIONS MAY BE MADE
11, 1 is FORM.
/25/82(PJIUstin)
days written notice to the Ci�y_sf stin prior to
Date Issue:
C-12
Authorized Representative' or ':e above-
named insurance canpany(ies)
CITY OF TUSTIN
ORANGE COUNTY, CALIFORNIA
CONTRACT
FOR ANNUAL PAVEMENT MARKING PROGRAM
4,4 "
,4,
This algreement, made and concluded, in triplicate, this day of
w� (fit one thousand nine hundred and eighty-four between the City of
Tustin, a i ornia, party of the first part, and J and S Sign Company, Inc. a
corporation organized and existing under and by virtue of the laws of the State of
California an authorized o do business in the StaEe of California,
Contractor, party of the second part.
ARTICLE I. 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 two bonds, 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 construct 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, Annual Pavement
Marking Program and in accordance with the "Standard Specifications" dated January
981 of t e State of California, Business and Transportation Agency, Department of
Transportation, which said specifications and standard specifications are hereby
specifically referred to and by such references made a part hereof. Said
specifications are on file in the office of the City Engineer of the City of Tustin,
California.
ARTICLE II. And said Contractor agrees to receive and accept the following
prices as full compensation for furnishing all materials and 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
SCHEC OF WORK ITEMS AND CONTRACT Pr "ES
ANNUAL PAVEMENT MARKING PROGRAM
Item
No.
Item With Unit Price
Written In Words
Approximate
Quantity
Unit Price
In Figures
Total In
In Figures
1.
Furnish 4" Wide Broken Lines,
White or Yel-low at
192,180 L.F.
$0.0273
$5,246.5140
Per Lineal Foot
2.
Furnish 4" Wide Solid Line, White
or Yellow at
30,150 L.F.
$0.0482
$1,453.23
Per Lineal Foot
3.
Furnish 6" Wide Solid Line, White
for Bike Lane at
28,550 L.F.
$0.0691
$1,972.8050
Per Lineal Foot
4.
Furnish 8" Wide Solid Line, White
at
28,060 L.F.
$0.0744
$2,087.6640
Per Lineal Foot
5.
Furnish Double 4" Wide Solid
Lines, Yellow with 3" Wide Black
Line Between Yellow Lines at
104,400 L.F.
$0.1016
$10,607.04
Per Lineal Foot
6.
Furnish double 4" Wide Solid and
Broken Lines, Yellow with 3" Wide
Black Line Between Yellow Lines at
8,180 L.F.
$0.0964
$788.5520
Per Lineal Foot
7.
Furnish Double 4" Wide Broken
Yellow Lines with 3" Black Lines
Between Yellow Lines at
14,860 L.F.
$0.0964
$1,432.5040
Per Lineal Foot
TOTAL CONTRACT $23,588.31
Total or gross sum written in words Twenty -Three Thousand Five Hundred and Eighty -Eight
Dollars and Thirty -One Cents
C-2
The City reserves the right to add any or all of the following Bid Items No. 8 through
No. 14 to the Annual Pavement Marking contract at the unit prices designated below:
Item
No.
Item With Unit Price
Written In Words
Bid Unit
Unit Price
In Figures
8.
Furnish 8 Ft. Directional Arrows,
White at
Each
$6.4077
Per EacF
9.
Furnish 8 Ft. Letters, White or
Yellow at
Each
$5.3399
Per EacF
10.
Furnish 12" Wide Solid Line, White
or Yellow at
Lin. Ft.
$0.4293
Per Lineal Foot
11.
Furnish 24" Wide Solid Line
(Cross Hatching for Crosswalks),
White or Yellow at
Lin. Ft.
$0.8062
Per Lineal Foof
12.
Sandblasting for Existing Paint
Removal at
Sq. Ft.
$1.0680
Per Square Foof
13.
Minimum Charge for Sandblasting
Mobilization at
Lump Sum
$480.5730
Per ump um
14.
Layout of Lines for New Pavement
Marking at
Lin. Ft.
$0.0315
Per Lineal Foot
In case of a discrepancy between unit price words and figures entered, the words shall
prevail.
C-3
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
the 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 terms 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 CITY OF TUSTIN has obtained from the Director of Industrial Relations
the general prevailing rate of per diem wages and the general prevailing rate for
legal holiday and overtime work in the locality in which the work is to be performed
for each craft or type of work needed to execute this contract and maintains copies
thereof in the office of the City Clerk. The Contractor agrees that not less than
said prevailing rates shall be paid to workers employed on this public works contract
as required by Labor Code Sections 1771 and 1774 of the State of California.
2. The Contractor shall, as a penalty to the CITY OF TUSTIN, forfeit
Twenty -Five Dollars ($25.00) for each calendar day or portion thereof for each worker
paid (either by Contractor or any subcontractor under Contractor) less than the
prevailing rate set forth herein on the work provided for in this contract, all in
accordance with Sections 1774 and 1775 of the Labor Code of the State of California.
3. Section 1773.8 of the Labor Code of the State of California, regarding the
payment of travel and subsistence payments, is applicable to this contract.
4. Section 1777.5 of the Labor Code of the State of California, regarding the
employment of apprentices, is applicable to this contract if the prime contract
involves Thirty Thousand Dollars ($ 30,000.00) or more, or twenty (20) working days or
more, or if contracts of subcontractors not bidding for work through the general or
prime contractor involve Two Thousand Dollars ($2,000.00) or more, or five (5) working
days or more.
5. In performance of this contract, not more than eight (8) hours shall constitute
a day's work. The Contractor shall conform to Article 3, Chapter 1, Part 7'(Sections
1810 et seq.) of the labor Code of the State of California, and shall forfeit to the
City as a penalty, the sum of Twenty Five Dollars ($25.00) for each worker employed in
the execution of this contract by Contractor or any subcontractor for each calandar
day during which any worker is required or permitted to labor more than eight (8)
hours in any one calendar day and forty (40) hours in any one week in violation of
said Article. Contractor shall keep an accurate record showing the name and actual
hours worked each calendar day and each calandar week by each worker employed by
Contractor in connection with the public work.
6. Contractor agrees to keep accurate payroll records showing the name, address,
social security number, work classification, straight time and overtime hours worked
C-4
each day and week and the actual per diem wages paid to each journeyman, apprentice
or worker employed by him in connection with the public work, and agrees to insist
that each of his subcontractors do the same. Contractor further agrees that his
payroll records and those of his subcontractors shall be available to the employee
or his representative, the Division of Labor Standards Enforcement, and the Divison
of Apprenticeship Standards, and shall comply with all of the provisions of Labor
Code Section 1776, et seq., in general.
7. Contractor acknowledges that he is also aware of 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
provisions of that code and will comply with such provisions before commencing the
performance of the work of this contract.
ARTICLE VI. The Contractor shall indemnify and save harmless the City of Tustin and
all officers and employees thereof from all claims, suits, or actions of every name,
kind and description, brought for, or on account 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 or by or in consequence of any negligencf,.
regarding the work, use of improper materials or equipment in construction 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, or on account of any
passive or active negligent act or omission by the City of Tustin, its officers,
employees and agents, 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 employess, 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.
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. The Contractor shall take out, maintain and pay all premiums during the
life of the contract, worker's compensation, comprehensive automobile and general
liability insurance that provides protection from claims which may arise from
operations or performance under this contract, with the City of Tustin and its
officers, employees and agents as named additional insureds. The Contractor shall
require any subcontractor to provide him with evidence of the same liability
insurance coverages. The failure of the Contractor to require any subcontractor to
provide him with such evidence of the same liability insurance coverages shall
constitute a material breach of this contract. The amount of insurance shall not be
less than single limit coverage applying to bodily and personal injury liability and
property damage in the amount of $1,000,000.
The following endorsements must be indicated on all certificates of insurance:
(1) The City of Tustin, its officers, employees and agents are named as additional
insureds in the policy as to the work being performed under the contract;
C-5
(2) The coverage is PRIMARY and no other insurance carried by the City of Tustin
will be called upon to contribute to a loss under this coverage;
(3) The policy covers blanket contractual liability;
(4) The policy limits of liability are.provided on an occurrence basis;
(5) The policy covers broad form property damage liability;
(6) The policy covers personal injury as well as bodily injury liability;
(7) The policy -covers explosion, collapse and underground hazards;
(8) The policy covers products and completed operations;
(9) The policy covers use of non -owned automobiles;
(10) The coverage shall not be cancelled nor materially altered unless and until
thirty (30) days written notice is given to the City of Tustin.
ARTICLE VIII.
(1) If any action at law or in equity is necessry to enforce or interpret the terms
of the Agreement, the prevailing party shall 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.
C-6
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 TUSTIN December 18, 1984
BY:
( Seal) aye or of the City of 7s -tin
ATTEST: C, %-j
y C I e 10 f the i q of Tus in
ContractStoyVAtArney
prov d:
Date 2--64q.
APPROVED AS TO CONTENT:
�,.�,�- �,,,•��Lc���Date%Z-i,�-cry
City Engineer J AND S SIGN COMPANY, INC.
A California Corporation
(Seal) BY (:ja �� J- (4
o Perich r., res en
BY (L� '
arol Perich/Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On November 20 , 19_4 before me, the undersigned, a Nortary Public in and for the
said state personally appeared John Perich Jr., known to me to be the President, and
Carolyn Perich, known to me to be the Secretary of J and S Sign Company, Inc., the
corporation that executed the within instrument, known to me to be the persons who
executed the within instrument on behalf of the corporation herein named, and
acknowledged to me that such corporation executed the within instrument pursuant to
its bylaws or a resolution of its Board of Directors.
Witness my hand and official seal:
mmmmiuxnuuueinmm!uuuunnmmmimuor,umnnu;,rr;iinmornnnnuuuunuuumNOTARY P
-UBKTC IN FOR E
Oc
g-:PAAAJI, ta
^No E !Es
C
14, 5' `'
Rey Commission Ex',r,''October
l�ti8 —
_.._...,... : E nrnuu,unuw'II!llCNlltiiPlllll�lrr
C-7
Bond No. 436904
Amount $23,588.31
Premium: $201.00
CITY OF TUSTIN
PUBLIC CONTRACT
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That J and S Sign Company, Inc., a California
Corporation as and hereinafter referred to collectively as,
"Principal", and SAFECO INSURANCE COMPANY OF AMERICA
a corporation organized and existing under the laws of the State of Washington
, and duly authorized to transact surety business in the
State of California, as, and hereinafter referred to as, "Surety", are held and
firmly bound unto the City of Tustin hereinafter referred to as the "City", in the
EIGHTY EIGHT & 31/100 ($23,588.31)
sum of $ TWENTY THREE THOUSAND FIVE HUNDRED/ , for payment of which Principal and
surety bind themselves, their heirs, administrators, successor and assigns, jointy and
severally as follows:
THE CONDITION OF THE ABOVE OBLIGATION IS THAT:
WHEREAS, Principal has entered into a contract dated 6���j-� 2 (,
19�, with City to do and perform the following, generally
described work, which is more particularly described in said contract:
For the Annual Pavement Marking Program.
WHEREAS, all of such improvements are to be constructed and installed in
accordance with the specifications described, referred to and incorporated in said
contract; and
WHEREAS, Principal shall commence and complete the construction and
installation of such improvements as provided in said contract; and
NOW,THEREFORE, if Principal shall faithfully perform all agreements contained in
the aforesaid contract, then this obligation shall be null and void.
W.,
PROVIDED, HOWEVER, if Principal shall not faithfully perform all agreements
contained in the hereinabove described contract and all obligations, then this
obligation shall remain in full force and effect.
PROVIDED FURTHER, HOWEVER, that Surety hereby stipulates and agrees that no
change, extension of time, alteration or modification of the contract documents or
of the work to be performed thereunder shall in any way effect its obligation on this
bond and it does hereby waive notice of any such change, extension of time, alteration.
or modification of the contract documents or of work to be performed thereunder; and
PROVIDED FURTHER, that in case suit is brought upon this bond by the City or any
other person who may bring an action on this bond, a reasonable attorney's fee, to be
CORPORATE ACKNOWLEDGMENT
State of California
SS.
County of Los Angeles
�f �• }y}14yv II •Sa9U FQff('
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7120 122
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County of
NO. 202
On this the 261hdayof November 1984 before me,
Allan J. Saunders
the undersigned Notary Public, personally appeared
Kathleen Chappell
K] personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as
Attorney -in -Fact or on behalf of the corporation therein
named, and acknowledged to me that the corporation executed it.
WITNESS_mv hand and official seal.
Notary's Signature
NATIONAL NOTARY ASSOCIATION - 23012 Ventura Blvd. - P.O. Box 4625 - Woodland Hills, CA 91364
Los Angeles SS. Allan J. Saunders
the undersigned Notary Public, personally appeared
.................
OFFICIAL SEA
s
ALLAN AN 1 SAUNDE.RS
Gk?iiA
P��1PICi1
,.,
1 iia ai'+GELAS
�f r �issio
c�:�ires October 14, 1983
John Perich, Jr. & Carolyn Perich ,
)p personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) a re subscribed to the
within instrument, and acknowledged that they executed it.
WITNESS_gy hand and official seal.
Notary's Signatu
Bond No. 4376904
Amount $ 23.588.31
Premi um: I N C L .
CITY OF TUSTIN
PUBLIC CONTRACT
LABOR AND MATERIALS
KNOW ALL MEN BY THESE PRESENTS: That J and S Sign Company, Inc. a
California Corporation, as and hereinafter referred to collectively as "Principal"
and SAFECO INSURANCE COMPANY OF AMERICA a corporation
organized and existing under the laws of the State of WASHINGTON
and duly authorized to transact surety business in the State of California, as and
hereinafter referred to as "Surety", are held and firmly bound unto the City of
Tustin hereinafter referred to as "City", in the sum of $TWENTY THREE THOUSAND FIVE
EIGHT & 31/100 (23,588.31
HUNDRED EIGHTY/ for payment of which Princ pal and Surety bind themselves, their
heirs, administrators, successors and assigns, jointly and severally, as follows:
THE CONDITION OF THE ABOVE OBLIGATION IS THAT:
WHEREAS, Principal has entered into a contract datedZ 6 ,
19B, with City to do and perform the following, generally described work, which is
more particularly described in said contract:
For the Annual Pavement Marking Program
WHEREAS, Principal shall commence and complete the construction and installation
of such improvements provided in said contract; and
NOW THEREFORE, if Principal shall pay the contractor, his subcontractor, and all
persons renting equipment or furnishing labor or materials to them for such
improvements,for the full cost of such improvements then this obligation shall be null
and void.
C-10
PROVIDED, HOWEVER, if Principal shall not pay the subcontractor and all persons
renting equipment or furnishing labor or materials to them for such improvements for
the full cost of such improvements, then this obligation shall remain -in full force
and effect and such contractor, subcontractor and persons shall have a direct right of
action against the Principal and Surety under this obligation, subject to priority of
city.
PROVIDED FURTHER, HOWEVER, that Surety stipulates and agrees that no change,
extension of time, alteration, or modification of the contract documents or of the
work to be performed thereunder shall in any way affect its obligation on this bond
and it does hereby waive notice of any such change, extension. of time, alteration or
modification of the contract documents or of work to be performed thereunder; and
PROVIDED FURTHER that in case suit is brought upon this bond by the City or any
other person who may bring an action on this bond, a reasonable attorney's fee, to be
fixed by the court, shall be paid by Principal and Surety.
CORPORATE ACKNOWLEDGMENT
State of California
SS.
County of Los Angeles
GENERAL ACKNOWLEDGMENT
State of Cal iforni
SS.
County of Los Angeles
............ on wununnnrtm+!nnm!Ii!II!Il11111111lt1!tllAlIIIIIIIIHIIIIlIIIlIIIIIIIIIIIIIAl11111N1111{NI�
OFFICIAL SEAL
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Expires October 14, 1988
d1t14�ki11(fl;IillillilililllllllililllllliNliIIIIS11111N1414IAHiililllilllllllllllllllllllllil111111111iltltltlilllllllllf
NO. 202
On this the 2 6 t hday of November 19$9_, before me,
Allan J. Saunders
the undersigned Notary Public, personally appeared
Kathleen Chappell
CX personally known to me
On this the26th day of November 19_$_4, before me,
Allan J. Saunders
the undersigned Notary Public, personally appeared
John Perich, Jr. &_Carolyn Perich
® personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) are subscribed to the
within instrument, and acknowledged that they executed it.
WITNESS ray hand and official seal.
Notary's Signatu
NO. 201
CITY OF TUSI'IN
` r CERTIFICATE OF INSURANCE AND DESIGNATION OF NAMED ADDITIONAL INSURED
T0: CITY OF TUSTIN
300 Centennial Way
Tustin, CA 92680
J & S Sign Coman
822 West Katellpa Xvenue
Orange, CA 92667
Tipton & Company
3409 Temple Street
Los Angeles, CA 90026
Annual Pavement Marking Project
NAME AND ADDRESS OF INSURANCE COMPANY(I
Safeco Insurance Company of America
8250 Woodman Avenue
Van Nuys, CA 91409
This is to certify
that the policies of insurance listed below have been issued to the insured nam-
ed above, are in force at this time, that
the City of Tustin is a
named additional insured thereon
-as respects claims
arising in connection
with the hereinabove named
Project and that such insur-
ance shall be primary
with respect to any
other insurance in force purchased by the City of Tustin.
Type o
Insurance
Policy Policy
Limits of Liability in Thousands
Insurance
Company
Number Expiration
Each
Date -
Occurrence Acrarecrate
Comprehensive form
Premises -operations
Explosion and collapse
hazard
Underground Hazard
Products/completed
operations hazard
Contractual insurance
Broad form property
damage
Independent contractors
Personal Inlury -
Safeco Ins. CP
Co. of America 2057026
9/30/85
AUTOMOBILE
LIABILITY Safeco Ins. BA 9/30/85
Comprehensive form Co, of America 2057026
Property Damage $
Bodily Injury $ 1, 0 0 0$ 1, 0 0 0
& Property
damage combined
PERSONAL IN= $
3odu. y Injury $ $
(each person)
COMPENSArIC[N I Statutory
and (each
EMPLXERS ( $ accidecit )
LIABILITY
It is certified that a waiver of subrogation is hereby issued to the City of Tustin as pertains to
the terms of all Workers Ccnpensation Insurance.
The issuing cc -parry will give thirty (30) days written notice to the City of Tustin prior to
modification or cancellation. Date Issue: November 26, 1984
NO MODIFICATIONS OR ADDITIONS MAY BE MADE 3FL;�0_1
TO THIS FORM. Authoriz esentative of the above-
named in ranee company(ies)
R:9/25/82(Parustin)
C-12
JBodily Injury
$
$
Owned
each
Occurrence
Hired
Property Damage
$
$
Bodily Injury &
Combined
Property Damage
Combined
$ 1
'000
EXCESS LIABILITY
Bodily Injury &
Property Damage
$
$
Umbrella form
Other than Umbrella
Combined
$
$
Form
I
COMPENSArIC[N I Statutory
and (each
EMPLXERS ( $ accidecit )
LIABILITY
It is certified that a waiver of subrogation is hereby issued to the City of Tustin as pertains to
the terms of all Workers Ccnpensation Insurance.
The issuing cc -parry will give thirty (30) days written notice to the City of Tustin prior to
modification or cancellation. Date Issue: November 26, 1984
NO MODIFICATIONS OR ADDITIONS MAY BE MADE 3FL;�0_1
TO THIS FORM. Authoriz esentative of the above-
named in ranee company(ies)
R:9/25/82(Parustin)
C-12
CE.� IFICATE OF INSURANCE AND DESI�11;T ION OF NAMED ADDITIC"NIAL INSURED
TO: CITY OF TUSTIN PROJE. All Operations
300 Centennial Way
Tustin, CA 92680
NAME ANT) ADDRESS OF INSURED CONTRACTOR 'Mk' -1E AND ADDRESS OF INSURANCE CC,',TANY ( IES)
J & S Sign Company Fremont Indemnity Co
822 W Katella 505 City Parkway West
Orange, Ca 92667 Orange, Ca 92668
�, J, `mE AND ADDRESS OF INSURANCE AMNCY
Mahar Insurance Service
D 0ROx 857
Garden Grove Ca 92642
This is to certify that the policies of insurance listed below have been issued to the insured nam-
ed above, are in force at this time, that the City of Tustin is a named additional insured ther--on
as respects claims arising in connection with the hereinabove named Project and that such insur—
ance sha11 be primary with respect to any other insurance in force purchased by the City of Tustin.
Type of Insurance Policy Policy Limits of Liability in Thousands
Insurance Company Number Expiration Each
Date - Occurrence Aggregate
G2NERAL LIABILITY
Cotmrehensive form
premises—operations
Explosion and collapse
hazard .
Underground Hazard
Products/completed
operations hazard
Contractual insurance
Broad form property
damage
Independent contractors
zee A nal In-ury
AUTOMOBILE
LIABILITY
Comprehensive form
Owned
Hired
Combined
55 LiASILITY
Injury $ $
Property Damage $
Bodily Injury $ $
& property
damage combined
PERSONAL INJURY $
Bodily In3ury $ $
(each person)
Bodily Injury
$ $
each
Occurrence
Property Damage
$ $
Bodily injury &
Property Damage
Combined
$
Bodily Injury &
Property Image
$ $
Umbrella form
Other than Umbrella Combined $ $
Formrmc
COPPFINSATICN Fremont Indemnity WP -84-229319 10/1/85 Statutory
and (each
El`TL'NERS' I $ 2)000 accidz_it)
LIABILIPY
It is certified that a waiver of subrocation is hereby issued to the City ofTustin as pertains o
the terms of all Workers Compensation Insurance .
The issuing cc-pany will give thirty (30) days written notice to the City of Tustin prior to
Tiiodification or cancellation. Date Issue: 11/16/84
NO :!ODIFICATICNS OR ADDITIONS MAY BE MADE �-a.c.i�.L �.
TO THIS FORM. Authorized Representative of the above--
named insurance cormpany (ies )
R: 9/25/8 2 (P --Tv sti n) MAHAR INSURANCE SERVICE
C-12