HomeMy WebLinkAboutCC 11 PAVEMENT PROG 11-07-83 FN3A
0ATE: October 31, 1983
CONSENT CALENDAR
Inter-Corn
FROM:
SUBJECT:
Bill Huston, City Manager
Bob Ledendecker, Director of Public Works/City Engineer
Monda Buckley, Administrative Assistant
Annual Pavement Marking Program
RECOMMENDATION
Request the Tustin City Council at their meeting of November 7, 1983 to renew the
J & S Sign Company contract for the Annual Pavement Marking Program as provided in
the current contract. The approximate cost for 1983-84 annual contract is
$22,506.63.
BACKGROUND:
The contract for the Annual Pavement Marking Program was awarded to J & S Sign in
Decembe% 1982. The contract had a provision for extention up to three years
predicated on satisfactory performance. It further stipulated that i£ the
contract was to be extended, cost escalations would not excede the percentage
established by the Consumer Price Index (CPI). The Maintenance Superintendent has
deemed the work performed by J & S Sign to be satisfactory. The CPI increase for
the period is 2.1 percent; J & S Sign has issued a letter of intent to escalate
the un{t price by 2 percent, which is within the limit delineated in the existing
contract.
Attached is a cost comparison between the current contract and the proposed
contract. The total contract cost could vary dependent on the actual work
performed as specified quantities are estimates for bidding purposes only.
Monda Buckley~
Administrative Assistant
jr
attch
CITY OF TUSTIN
ORANGE COUNTY, CALIFORNIA
CONTRACT
FOR ANNUAL PAVEMENT MARKING PROGRAM
This agreement, made and concluded, in triplicate, this )a- -0, day of
one thousand nine hundred and eighty-three 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 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
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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SCHEDLLE OF WORK ITEMS AND CONTRACT PRIuES
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
192,180 L.F.
$0.026
$4,996.68
Per Lineal Foot
2.
Furnish 4" Wide Solid Line, White
or Yellow at "
30,150 L.F.
$0.046
$1,386.90
Per Lineal Foot
3.
Furnish 6" Wide Solid Line, White
for Bike Lane at
28,550 L.F.
$0.066
$1,884.43
Per Lineal Foot
4.
Furnish 8" Wide Solid Line, White
at
28,060 L.F.
$0.071
$1,992.26
Per Lineal Foot
5.
Furnish Double 4" Wide Solid
Lines, Yellow with 3" Wide Black
Line Between Yellow Lines at
104,400 L.F.
$0.097
$10,126.68
Per Lineal Foot
6.
Furnish double 4" Wide Solid and
Broken Lines, Yellow with 3" Wide
Black Line Between Yellow Lines
8,180 L.F.
$0.092
$752.56
Per Lineal Foot
7.
Furnish Double 4" Wide Broken
Yellow Lines with 3" Black Lines
Between Yellow Lines at _
14,860 L.F.
$0.092
$1,367.12
Per Lineal Foot
TOTAL CONTRACT $22,506.63
Total or gross sum written in words Twenty -Two Thousand Five Hundred and Six
Dollars and Sixty -Three Cents.
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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
$6.12
Per Each
9.
Furnish 8 Ft. Letters, White or
Yellow at .
Each
$5.10
Per Each
10.
Furnish 12" Wide Solid Line, White
or Yellow at
"
Lin. Ft.
$0.41
Per Lineal Foot
11.
Furnish 24" Wide Solid Line
(Cross Hatching for Crosswalks),
White or Yellow at
Lin. Ft.
$0.77
Per Lineal Foot
12.
Sandblasting for Existing Paint
Removal at "
Sq. Ft.
$1.02
Per Square Foot
13.
Minimum Charge for Sandblasting
Mobilization at _
Lump Sum
$459.00
Per Lump Sum
14.Layout
of Lines for New Pavement
Marking at
"
Lin. Ft.
$0.03
Per Lineal Foot
v
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 ($25.00) for each calendar day or portion thereof for each worker
paid (either by Contractor or any subcontractor under Contractor) less than the
prevailing rate set forth herein on the work provided for in this contract, all in
accordance with Sections 1774 and 1775 of the Labor Code of the State of California.
3. Section 1773.8 of the Labor Code of the State of California, regarding the
payment of travel and subsistence payments, is applicable to this contract.
4. Section 1777.5 of the Labor Code of the State of California, regarding the
employment of apprentices, is applicable to this contract if the prime contract
involves Thirty Thousand Dollars ($ 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
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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 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 negligence
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;
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(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.
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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 TUSTIN
BY: C �r �. / 21 /— 6—,. � —
(Seal) Mayor of the Citj of Tusti
ATTEST: 'yy� £.
City Clerk dl the City W Tustin
Contra t and Bond Approved:
44/ Date
—City Attorne
APPROVED AS TO CONTENT:
at9',.? X. 13
City Engineer J AND S SIGN COMPANY, INC.
A California l;,orpor�n
(Seal) BY
John Perich Jr., President
BY
Carolyn rich Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On r2, ✓�, , 19_L, 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.
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Witness my hand
OFFICIAL SEAL
official
SUSAN J. PAULSEN
NOTARY PUBLI IN
NOTARY PUBLIC CALIFORNIA
FOR SAID
PRINCIPAL OFFICE IN
ORANGE COUNTY
My Commission
Expires Mar. 20, 1987
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Witness my hand
and
official
seal:
NOTARY PUBLI IN
AND
FOR SAID
STATE
Bond No. 4376898
Amount $22,506.63
Premium: $135.00
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 $22,506.63 , 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 �a
, 19e3 , 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.
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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 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.
Countyof Los Angeles
'[1TRS
wa!' fly Commisswn Lxplres Uct. 14, 1984
NO. 202
onthisthe 28t&yof November 1983-, before me,
Allan J. Saunders
the undersigned Notary Public, personally appeared
Kathleen Chappell
[X 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 my hand and official seal.
Notary's Sig
7120 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364
A-FFKOVED AS TO CONTENT: BY: ���� _-�/
(Seal) John erich Jr., Preside
BY:
Carolyn rich, Sec tart'
City ngineer Address o Principal:
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Bond No. 436898
Amount $ 11,253.32
Premium: INCLUDED
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 $11,253.32
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�y�L,Q
1993, 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
!>t ' ter•
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
DDnT7TnVn VTTDMUVT) /.L. n- 4.� i.nn� n..i n 1..-�....1. �. ....�,. ♦L.. n 1..... .1 1... ♦L. .. !�: �.. .+.. .. _._.
CORPORATE ACKNOWLEDGMENT NO. 202
State of California
SS.
County of Los Angeles
J. q , ?' tiDER5
.. A ,.
a : e, _1 r�Rruw
! r ! n•; :f Firr IN
t0i a
NG COUNTY
' My Commission Expires Oct. 14, 1984
On this the 2$t-hdayof November 1982, before me,
Allan JSaunders
the undersigned Notary Public, personally appeared
Kathleen ChaDDell
X1 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 my hand and official seal.
Notary's
7120 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364
City Attorney �i�--
PRINCIPAL:
J AND S SIGN COMPANY INC.
By: �
John erich Jr, President
� 1
APPROVED AS TO CONTENT: (Seal) BY:��
Carolyn P ch, Secretary
Address of Yi nc i p a 1:
City Engineer
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di
rY00� a6tannial Way ANNUAL PAVEMENT' MARKING PROGRAM
lL.{.7�t•.•a, CA 92680
:X+E AZM .40r F4C OF =J = C=1M%AC1 M AM AND ADaIMS CF r -Z CCMPANY
J &�S SIGN COMPANY COMMERCIAL UNION INSURANCE COMPANY
822 W. Katella Avenue 520 S. LaFayette Park Place
Orange, CA 92667 Los Angeles, CA 90060
,VM AND ADDRF55 OF =ZMRANC.1-' AGENCY
TIPTON & COMPANY
3409 Temple Street
L
"M is to cart=y =t the = cies u:sumance listed below have : een Lwued to the imired naa-
:d above, are in force at this time, that the City of 'Nstin is a named additional insured tim, eon
s respect..s claims arising in c=wtction with the hereinabove named Project and that such i.nsvr-
T=e shall be crin a with r sweet to mm other insurance in for ce• *=chwed by the City of 'Rutin.
or
_Insurance
General Liability
:onwehensive form
Vanises-cperations
hcplcsion and =11.1 ae
hazard
;rXieLg'tou nd Ba"rd
),.cd =w/completed
operations hazard
:=traR"tual insurance
road fc= prcI
damage
:niependent Contractors
1AB3=
:=Vra ienaive foam
weed
rired
:oabined
Ccmpwy Number Expiration
�rrr i a 1 11,j,,, AAW68 2745 Data 9/30
Ury
Property Damage
Bcdi3.y Tn7 urY
& Property
damage combined
Pmt � s
Bodily Inj �Y
(each person)
Bodily Injury S S
each
$1,000 $1,000
jury &
Damage
di
Bodily injury &
Property Damage S S
rem itied $ 1,000 $1,000
'0GM ATICN StatutosY
and (each
I' S accident)
.Z�,BIISTY
't is Certified that a waiver of subrogation is hereby issued to the City of Tustin as pertains to
Sze teras of all Workers Cmgensaticn Insurance.
he issuing c� will give thirty (30)
edification or cancellation.
':9/25/82(P—Tustin)
days written notice to the City of Tustin p: i.or to
Date November
Au rzz �tivethe e—
nAlIan JAS. aundcanpanvUers, TI TONS& COMPANY
C-11
c:. C2*Q-de' ics71N
..'300. Ce�ntannial Way
'.ustin, Ca 92680
iE AND A==F—SS OF LN5
-J & S SIGN COMPANY
822 W. KATELLA AVENUE
.AtSE SIM AD=ZFM OF A J(�
MALAR INSURANCE SERVICE
P 0 BOX 857
GARDEN GROVE, CA 92642
ANNUAL PAVEMENT MARKING PROGRAM
FAIRMONT INSURANCE COMPANY
4111 WEST ALAMEDA AVE
BURBANK, CA 91510-7750
to certify that the Folies at i nsurrr'r-s
l std
bal ow have -' . L suad to the L Lxmcd az m --
x9 abcm , are in ford at
this t=ap that
the City of
T1L.tjn is a n=. -2d • addi t=ona l in --=td ttexe= .
s respects claims arising
with tam hctu=-1-c
a n==d P= jcct and that sLch ars=-
►nce sha11 be EE= with
resr>-crt to any
atter irz%,=mcv in fcrca ourchrsed by the Ci of Tustin.
.y_.* Ct
Ins urzncoPal-icy
cLimits of Lsrb: i ty in '-^tis..'.,- 5
r
i� w
Each
WORKERS COMPENSATION
FAIRMONT
F10750,;
Lata 10/1/84 fin= Ag ate
.• - w
11
.�1
HZI-1
Arty Lie S
B-�dily 7nj=y $ S
4 pccpcm
die c=binad
:..1'i
a= 1 y in) Lay ra
Prwerty D=ago
Cauaineci $
S
E
5c ice 7 y In) ury C
"LLVL c:11Q foLiII - a-opmrty a=zr-ge
)tbY'r then umbrri-la $ $
Fbzat
Li��t,e'-'�i •
and
FAIRMONr ISNRUANCE F 10750 10/1/84 St�tutsny
=ux- S 100,000=ci.cent)
't is c rti.fid that a waiver of subrcgaticn is hcxt—y issues to the City of Titin as Fertai.-s to
ha terms of all W lz rs Mien Irw=x oe.
he itsuing ccmpw y will give thirty (30 )
r,d.ification or cwcmllaticn.
':9125/82 (F --T stin)
drys writta nc*.i.cs to the Ci ycfMCETuBER � 1
Lata Is.�-ua:
tative a �r
ndrin=dc �arzy(ies)
FARREL D MALAR MAHAR INSURANCE SERVICE
c -ll
e,,Ty «e <le ed2t-�,IV
CITY OF TUSTIN
ORANGE COUNTY, CALIFORNIA
CONTRACT
FOR ANNUAL PAVEMENT MARKING PROGRAM
This agr ement, made and concluded, in triplicate, this day of
oziL lone thousand nine hundred and eighty-two 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 of California,
ontractor, 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 con strutt 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.
AKTICLE 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
SCHEDUIF OF WORK ITEMS AND CONTRACT PRICES
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 No Dollars, Two
and One -Half cents
192,180 L.F.
$0.025
$4,804.50
Per Lineal Foot
2.
Furnish 4" Wide Solid Line, White
or Yellow at No Dollars, Four and
One -Half Cents
30,150 L.F.
$0.045
$1,356.75
Per Lineal Foot
3.
Furnish 6" Wide Solid Line, White
for Bike Lane at No Dollars, Six
and One -Half Cents
28,550 L.F.
$0.065
$1,855.75
Per Lineal Foot
4.
Furnish 8" Wide Solid Line, White
at No Dollars, Seven Cents
28,060 L.F.
$0.07
$1,964.20
Per Lineal Foot
5.
Furnish Double 4" Wide Solid
Lines, Yellow with 3" Wide Black
Line Between Yellow Lines at No
Dollars, Nine and One -Half Cents
104,400 L.F.
$0.095
$9,918.00
Per Lineal Foot
6.
Furnish double 4" Wide Solid and
Broken Lines, Yellow with 3" Wide
Black Line Between Yellow Lines
No Dollars, Nine Cents
8,180 L.F.
$0.09
$736.20
Per Lineal Foot
7.
Furnish Double 4" Wide Broken
Yellow Lines with 3" Black Lines
Between Yellow Lines at No Dollars
Nine Cents
14,860 L.F.
$0.09
$1,337.40
Per Lineal Foot
TOTAL CONTRACT $21,972.80
Total or gross sum written in words Twenty -One Thousand Nine Hundred and Seventy -Two
Dollars and Eighty 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 Six Dollars and No Cents
Each
$6.00
Per Each
9.
Furnish 8 Ft. Letters, White or
Yellow at Five Dollars and No
Cents
Each
$5.00
Per Each
10.
Furnish 12" Wide Solid Line, White
or Yellow at No Dollars and Forty
Cents
Lin. Ft.
$0.40
Per Lineal Foot
11.
Furnish 24" Wide Solid Line
(Cross Hatching for Crosswalks),
White or Yellow at No Dollars and
Seventy -Five Cents
Lin. Ft.
$0.75
Per Lineal Foot
12.
Sandblasting for Existing Paint
Removal at One Dollar and No Cents
Sq. Ft.
$1.00
Per Square Foot
13.
Minimum Charge for Sandblasting
Mobilization at Four Hundred and
Fifty Dollars and No Cents
Lump Sum
$450.00
Per Lump Sum
14.
Layout of Lines for New Pavement
Marking at No Dollars and Three
Cents
Lin. Ft.
$0.03
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 covenantG 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 contact
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 negligence
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 tha 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,J00.
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
(Seal)
Contract and Bond Approved:
Z 0---z Z V/Zvow 0/4 Date/z -zP Z-
6 -1-V CITJ ttorn y
APPROVED AS TO CONTENT:
/&."& J(.;L- Date 1 21
ASSTCity Lngineer
(Seal)
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
a 1 15'9-2—
or of th6 City of Tyttin
ATTEST: 1�
City Clerk of e City Tustin
J AND S SIGN COMPANY, INC.
A Californiaorpo on
BY - ,lac i
Johr//�Perich Jr. Presiden
Carolyn (Peri ch/Secretary
On December 17, , 1982, 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.
OFFICIAL SEAL
SUZANNE T ABERNATHY
.tea NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My comm. expires AUG 22, 1983
C-7
Witness my hand and official seal:
NO,TARY IC IN AND FOR SAID ST TE
Suzanne T. Abernathy
Bond No. 4376893
Amount $21,972.80
Premium: $132-00
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 Wa,,hincjtnn
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 $21,972,80 , 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 /,
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.
C-8
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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 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
"fixed by the Court, shall be paid by Principal and Surety.
1,,JTE: Attach proper acknowledgements
for both Surety & Principal.
(Seal)
�j
A
3 APPROVED AS TO CONTENT:
(Seal)
l�
,(W. i ty Engineer
C-9
SURETY: Safeco Insurance Co of America
Attorney -In -Fact
BY: Kathleen Chapuell
Address of Surety:
8250 Woodman Avenue
Panorama City, CA 91409
PRINCIPAL:
J AND S SIGN COMPANY, INC.
B Y :
o eri c r. , res7 t�
� f'BY
Carolyn �ejrich, Secretary
Address of Principal:
141
Bond No. 4376893
Amount $ 10,986.40
Premium: -0-
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 $10,986.40
for payment of which Principal and Surety bind themselves, their
heirs, administrators, successors and assigns, jointly and severally, as follor^s:
THE CONDITION OF THE ABOVE OBLIGATION IS THAT:
i
WHEREAS, Principal has entered into a contract dated Cl) z7
19a, 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.
IN WITNESS WHEREOF, Principal and Surety have caused these presents to be duly
signed and sealed this
16th
day of December 19 82
SURETY: Safeco Insurance Company of America
NAME
NOTE: Attach proper acknowledgements /
for both Surety & Principal. BY:I,� IL
Attorney -In -F t
ROVED Ari �A?/
/...
.APPROVED AS TO CONTENT:
jt _ ity Engineer
(Seal) BY: Kathleen Chappell
Address of Surety:
8250 Woodman Avenue
Panorama City, CA 91409
PRINCIPAL:
J AND S SIGN COMPANY, INC.
By:
oW/Peri ch Jr, Pi ayf t
(Seal) BY: _
faro yn Pplich, Secretary
Address of incipal:
C-11
CITY OF TUSTIN
CERTIFICATE OF IN`' -'ANCE AND DESIGNATION OF NAMED V ?TIONAL INSURED
CITY OF TUSTIN
300 Centennial Way
Tustin, CA 92680
PROJECT:
ANNUAL PAVEMENT MARKING PROGRAM
JAME AND ADDRESS OF INSURED CONTRACTOR NAME AND ADDRESS OF INSURANCE COMPANY(IES)
J & S Sign Company Safeco Insurance Company of America
822 W. Katella Avenue 8250 Woodman Avenue
Orange, CA 92667 Panorama City, CA 91409
1AME AND ADDRESS OF INSURANCE AGENCY
Tipton & Company
3409 Temple Street
Los Angeles, CA 90026
.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.
:'ype'of Insurance Policy Policy Limits of Liability in Thousands
Insurance Canpany Number Expiration Each
Date Occurrence Aggregate
Ianprehensive form
?remises -operations
�xplosior and collapse
hazard
lnderground Hazard
?roducts/completed
operations hazard
Iontractual insurance
3road form property
damage
independent contractors
?ersonal Inury
MIOMOBILE
,IABILITY
:apprehensive form
leaned
fired
'anbined
D(CESS LIABILITY
hnbrella form
)ther than Umbrella
Safeco Ins. 8225445 9/28/83
Co, of America
Safeco Ins. 8225445 9/28/83
Co. of America
y In7 u y
Property Damage $
Bodily Injury $1,000 $1,000,000
& property
damage combined
PERSONAL INJURY $
Bodily Injury $ $
(each person)
Bodily Injury $ $
each
Occurrence
Property Damage $ $
Bodily Injury &
Property Damage
Combined $ 1,000,000
Bodily Injury &
Property Damage $ $
Ccmbined $ $
;(tENSATION Statutory
4nd ( each
;MPLOYERS$ accident)
LIABILITY
:t is certified that a waiver of subrogation is hereby issued to the City of Tustin as pertains to
he terms of all Workers Compensation Insurance.
he issuing canpany will give thirty (30) days written notice to the City of Tustin prior to
-odification or cancellation. Date I Lie : December 16, 1982
10 MODIFICATIO14S OR ADDITIONS MAY BE MADE
THIS FOR4. Authorized p4esen6t41y:1e of the above-
named ins nce canpany(ies)
'*125/82 (P -Tustin) Allan J. Saunders