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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 MB:jr 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 23 25 26 27 28 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 A-1 ITEM NO. 2 12. 4 i3. 14. 5 6 7 8 9 10 11 19. 13 14 15 16 17 18 19 2O 21 22 23 26 27 28 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 A-2 1 2 3 4 5 6 7 8 9 151! 14 15 10 17 18 10 21 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. A-3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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 A-4 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: C-1 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 C-2 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. C-3 r 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 C-4 i 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. 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 (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 C-7 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 r 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 jj*A 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 a � change, extension of time, alteration or modificati( a o _ Q C tII U 3 c ILII 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. co APPROVeo C/) Q APPROVED AS TO CONTENT: `' � o O \/ U I -L I -L O Q) W O Q. ��ity Engineer Q) C-9 Q a65 a a � a� c C c � o a � � IF 0 s s CVa � 1 t� C o aS cqv U '41;3 � c CU a CU Az� o o (no Cz Cz O U co 'O CII W co a z CU I N NNNNlurnrw.rrrm,. Q � ••urrnuurui` (5 co 1 ,dent Jk LL t a ry America ). Jones =Q E O s. Q W enue g= U � America ). Jones =Q 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 \ : \ k a / 0 z & \ £ \ \ k �_. ± Q 2 2 O 001 s co - ° S k § � ° 7 _ E _ m » ° ® § f — s > n 2 0 CL CL § ° £ E = e Q > _ o o e = = t= a f k °e ° 0 m \ j k \ \ a \ f J 2 CO a Cc E ° R 2 6 G o i 0& ° 3 0 = o o =_ a °§ t ci / t c o q o ? ) o 2 ° fa4c Q)0 U \ ° 7 a m q o m® m. ®rf.e 0 g b 0- CL co E / / k O —0 @ « cn \ LU mof� < \2¥/za �� z \�kj rill 3220$\ \ \ %\}32 ~ ± \ [ \ k a / 0 z ZLM 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(' n luuuu 1 , r m, ,•,�. 7120 122 - NA vcaw v, 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 z Ai I it, i J �AiJr� ERS _I[7ORNiA �� iR OFFICE N L0 . Ai i LL S COL!NTY - My Commission 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