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17-1101_ORANGE COUNTY STRIPING SERVICE INC_Maintenance Services Agreement_Redacted
CITY OF SAN JUAN CAPISTRANO MAINTENANCE SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 1st day of November, 2017 by and between the City of San Juan Capistrano, a municipal corporation organized under the laws of the State of California with its principal place of business at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 ("City") and Orange County Striping Service, Inc., a California corporation with its principal place of business at 183 N. Pixley Street, Orange, CA. 92868 ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing Striping, Legends, Miscellaneous Traffic Control Devices, maintenance services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 2.2 Project. City desires to engage Contractor to render such services for the Striping, Legends, Miscellaneous Traffic Control Devices, maintenance services project ("Project") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Striping, Legends, Miscellaneous Traffic Control Devices, maintenance services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this 61147.02100\12888815.1 MSA page 1 Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from November 1, 2017 to June 30, 2022, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit `B" attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to A�slicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City's representative:. The City hereby designates Director of Public Works and Utilities, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.5 Contractor's 1teplrescntative. Contractor hereby designates Ron Wilcox, or his or her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The 61147.02100\12888815.1 MSA page 2 (� Contractor's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care, Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time"). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits "A" or "B" attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of FIVE HUNDRED DOLLARS ($500.00) per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement. 3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Agreement, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City's decision, Contractor shall have such remedies as may be provided by law. 61147.02100\12888815,1 MSA page 3 3.2.10 Laws and Reolations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code,Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours' labor shall constitute a legal day's work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor's compliance with the requirements provided for in Section 3.2.10 or any of its sub-sections. 3.2.10.2 Employment Eli ig bilL, Subcontractors, Sub- subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1. 3.2.10.3 Employment Eli ig bilRy; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to 61147.02100\12888815.1 MSA page 4 t9 terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub- subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements. 3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin,handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. f 3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements' application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.7 Water Quality. (A) Management and Compliance. To the extent applicable, Contractor's Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City's ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the state. (B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall 61147.02100\12888815.1 MSA page 5 defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor's non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph. 3.2.11 Insurance. 3.2.11.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section. 3.2.11.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 2129); or(2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $5,000,000.00 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the 61147.02100\12888815.1 MSA page 6 WR general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be $6,000,000.00 for the required occurrence limit; (2) Automobile Liability: $1,000,000.00 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of$1,000,000.00 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits. (C) Notices, Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. (D) Additional Insured. The City of San Juan Capistrano, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor's and its subcontractors' policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. 3.2.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of San Juan Capistrano, its officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City's own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its officials, officers, employees, agents, and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A). 61147.02100\12888815.1 MSA page 7 (B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2)the insurance coverage shall be primary insurance as respects the City, its officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, officers, employees, agents, and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). (C) Workers' Compensation and Employer's Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, officers, employees, agents, and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds. 3.2.11.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation.tion. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, officers, employees, agents, and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors. 3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, officers, employees, agents, and volunteers; or(2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 61147 02100\12888815 1 MSA page 8 qq 3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors' policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad. 3.2.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than ANIII, licensed to do business in California, and satisfactory to the City. 3.2.11.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 0. 3.2.11.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor's insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement. 3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.13 jRESERVEl71. 3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 61147.02100\12888815-1 MSA page 9 1J 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit"C" attached hereto and incorporated herein by reference. The total compensation shall not exceed UNIT PRICES NOTED IN EXHIBIT "C" AND NOT TO EXCEED THE AGGREGRATE AVAILABLE FUNDING AMOUNT IN THE OPERATING AND CAPITAL IMPROVEMENT BUDGET and without written approval of City's Director of Public Works and Utilities. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorizeein writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.3.5 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et se ., and 1770, et SeMc., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.3.6 Registration. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and 61147.02100\12888815.1 MSA page 10 V require the same of any subcontractor. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements. See Exhibit D "Certificate of Compliance". 3.4 Termination of Agreement. 3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5 General Provisions. 3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Contractor: Orange County Striping Service, Inc. 183 N. Pixley Street, Orange, CA. 92868 Attn. Ron Wilcox City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Director of Public Works and Utilities Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 61147.02100\12888815.1 MSA page 11 10 3.5.2 Indemnification. 3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor's Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys' fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with Counsel of City's choosing and at Contractor's own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.5.2.1 that may be brought or instituted against City or its officias, officers, employees, volunteers and agents. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorneys' fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials officers, employees, agents, or volunteers. 3.5.3 Governing Law, Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County, California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. 3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. 61147.02100\12888815.1 MSA page 12 �e 3.5.5 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.8 Construction, References, Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captiofis of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement. 3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. 3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7,there are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.12 Invalidity, Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this 61147.02100\12888815.1 MSA page 13 Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.15 Attorneys' Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing Party shall be entitled to recover from the losing party attorney's fees and costs in an amount determined to be reasonable by a court of competent jurisdiction. 3.5.16 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.17 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 41. 3.5.18 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.19 1 MSERVEDI. [SIGNATURES ON NEXT PAGE] 6114702100\12888815 1 MSA page 14 SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND ORANGE COUNTY STRIPING,INC. IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the 1st day of November,2017. CITY OF SAN JUAN CAPISTRANO Orange County Striping, Inc. Approved By , � $$ n Sie Signature , 1GityMa ager P-Ykl'�c1 n(4 q- 25• (7 Name Date Cyack (��mr,cSFct �sr,r TMTK9 Tft e "orriS, Ci' Clerk Daler ApprovedAsTo Form: �! City Attome . 61147MOM12SM15.1 MSA page 15 EXHIBIT "A" Scope of Services General: a) Work will ordinarily be performed between the hours of 7:00 AM and 5:00 PM, Monday through Friday (except where noted). During emergencies, work may be required at other than normal hours. The Contractor must receive the approval of the Director of Public Works and Utilities (herein after Director) or authorized representative, prior to commencing any work and in all cases. b) Contractor shall maintain an adequate crew of employees to perform the service required. c) Contractor will be required to supply a list of equipment owned and available for work. d) Unit prices quoted shall include all required safety equipment. Traffic control may be required on some sites, and shall be included in quoted prices. e) Unit prices for after-hours or emergency work shall be for actual time spent on the job site. No travel time will be paid. f) Contractor shall protect any and all private property adjacent to work areas. Any damage to private property resulting directly or indirectly from Contractor's actions shall be the responsibility of the Contractor. g) All employees of Contractor shall wear a uniform or shirt that clearly identifies the company. h) Contractor must be able to provide a list of employee's names, dates worked and hours worked on each date, for each project or job, if requested by the City. i) Contractor agrees to require his/her employees to present a neat appearance at all times while engaged in the performance of their duties and maintain good bearing and deportment towards the public. Should, for any reason, an employee be unsatisfactory in the opinion of the Director or authorized representative, the Contractor, when notified in writing, shall cause that employee to be removed from the project or job and replaced by an employee satisfactory to the Director or authorized representative. j) Contractor shall require each employee to adhere to basic standards of working attire. Each employee shall wear a uniform shirt with the Contractor's company name or insignia clearly visible, proper shoes and other gear required by state safety regulations. 61147 02100\12888815.1 MSA page 16 Q5 k) Contractor shall provide, for all projects, a supervisors/foremen with a minimum of five (5) years of experience related to striping and traffic control within a public right-of-way. The supervisor/foreman shall remain on-site during the entire project or job. 1) Contractor and all employees shall possess a valid/current California Driver License, including all insurances, as required by the City. m) Contractor shall use and furnish all vehicles and equipment necessary for the satisfactory performance of the work set forth in this RFP. All vehicles and equipment shall display the name and/or logo of Contractor's company. The name and logo shall be large enough to be easily legible from a distance of fifty(50) feet, during the course of their work. n) Contractor shall keep all vehicles and equipment in a neat and clean appearance and maintained in excellent mechanical condition. o) Contractor is required to supply storage for equipment that is used in the City. Equipment shall not be stored in the public right of way or on any other City property without written authorization from the Director or authorized representative. p) Contractor is required to supply storage for materials that are used in the City. Material shall not be stored in the public right of way or any other City property without written authorization from the Director or authorized representative. Contractor shall furnish all material, including, but not limited to, equipment, etc., necessary for the performance of the work set forth in this contract. q) Contractor shall provide such adequate supervision as to furnish ongoing supervision of workmanship and adherence to schedules by the employees performing the work under contract. As may be necessary or required by City, the field supervisor or their representative shall check with the Director or authorized representative as to (1) schedule of work; (2) complaints, and (3) adequacy of performance. Contractor shall submit such reports as the City may require, ensuring compliance with scheduled work. r) The Contractor shall provide the City at all times throughout the duration of this contract emergency telephone numbers of at least two (2) qualified persons who can be called for emergency conditions at any time that Contractor's representatives are not immediately available at the job site. An alternate emergency number shall be provided in case no answer is received at the first number. The emergency number shall be used to contact the representative of the Contractor who can take the necessary action required to alleviate an emergency condition or job related complaint which threatens to cause damage to any City property or compromise the public's safety. s) Contractor is required to provide the City with a 24-hour emergency number for contact outside normal working hours. The response to an emergency call-out by the Contractor 61147 02 100\12888815 1 MSA page 17 shall not be more than two (2) hours and shall be considered part of the normal contract except when delayed by problems caused by vehicle accidents or Acts of Gad. t) Contractor shall provide the City with one (1) copy of an "Emergency Medical Facility Designation and Procedure Sheet' before a contract is awarded. On this sheet, the successful proposer must designate a twenty-four (24)hour emergency medical facility to provide emergency medical treatment/care in the event of injury to any of the Contractor's employees. It will be the responsibility of the Contractor's supervisor/lead worker to transport or make arrangements for the transportation of any injured employee to and from the designated emergency medical facility or any similar medical facility. Special: 1) Work to be done a) Work shall be completed by the Contractor on an as needed basis, as requested by the City. Work could be one project or several different projects combined together, each with varying work elements. Except for emergency work, all other work must begin no later than three (2) weeks from the date of request by the City. Emergency work (as determined by the Director) must begin within 24-48 hours from the date of request by the Director, unless otherwise agreed upon between the Contractor and the Director or authorized representative. b) Contractor shall furnish all labor, supervision, methods of processes, implements, tools, machinery, safety equipment, traffic control, materials and proper licensing required to identify, list and perform pavement marking maintenance services in those areas designated by the Director or authorized representative and to leave the grounds in a neat condition. The scope of the pavement marking work may vary according to need. c) Contractor shall furnish and maintain records designating exact locations and areas of repairs and maintenance. Such reports shall be signed by the Contractor and the Director or authorized representative in charge of overseeing the work. If the Director determines the Contractor has not satisfactorily marked any facilities, the City shall withhold payment for such markings until such facilities are properly marked. d) Work will not be performed without prior approval and only as authorized by the Director or authorized representative. e) Work shall proceed in an orderly manner. Wherever possible, repair work shall be completely finished prior to workmen proceeding to the next location. Any exceptions shall be approved by the Director or authorized representative. 61147.021MI2888815.1 MSA page 18 49 f) The Director/City reserves the right to increase or decrease the quantity of any item or portion of the work or to omit portions of the work as may be deemed necessary or advisable by the Director. The Director or authorized representative may make such alterations or deviations, additions to, or omissions from these specifications, as may be determined during the progress of the work to be necessary and advisable for the proper completion thereof. Such alterations or deviations, additions or omissions shall in no way affect or make void the contract. Upon written order of the Director or authorized representative, Contractor shall proceed with the work as increased, decreased or altered. 2) Work reguirements a) Unless Arst approved otherwise by the Director or authorized representative, all materials, alignments, produals—removals and installation requirements related to paverrrL'rrt rnarkzns, legends, strlpin , sirae, temporary or permanent tr ac control etc. shall be pursuant to and related to the applicable latest standard for the Work. Approved standards shall be.- i) e:i) Latest California Manual of Uniform Traffic Control Devices (CMUTCD) ii) Latest State of California Department of Transportation Highway Division (Caltrans) Maintenance Manual, chapters as mag be applicable to these Work rgyuh-errrents. iii) Latest Standard Specifications for Public Works Construction (Green Book) b) Work shall include, but not limited to, the following types of activities. Work shall also include, but not limited to, necessary mechanical vacuum or broom sweeping and/or pre- treatment surface preparation(s) and layout/implementation of temporary safety/traffic control devices. i) Removal of old striping and legends ii) Painting of new or re-painting of existing striping and legends iii) Painting of new or re-painting of existing red or yellow curbs iv) Removal of raised pavement markers and installation of new markers v) Removal of thermoplastic, tape or raised bars for pavement markings and installation of new vi) Removal or relocation of existing signage vii)Installation of new signage (NOTE: City to supply telespar and sign) viii) The Contractor shall be responsible for all necessary precautions to prevent public trespass into the work area, during and following construction and until such time as the work area is complete and ready for public use. ix) Rubbish and construction debris shall be disposed of at an approved disposal site. After removal of debris, the work area(s) shall be left in a neat and presentable condition and to the satisfaction of the Director or authorized representative. 61147 02100\12888815 1 MSA page 19 0 x) The Contractor shall verify the location of all utilities prior to construction, repair or maintenance and shall be held liable for all damages incurred due to Contractor's work related operations. c) The Contractor may, at times identified by the Director, install/remove/modify signage in conjunction with the appropriate pavement markings. A work order specifying sign type and material(s) will be provided by the Director. All costs associated with sign work shall be in accordance with this Scope and Agreement, including prevailing wage requirements. d) Contractor shall comply with all City regulations regarding NPDES (National Pollution Discharge Elimination System) Requirements and the City's Best Management Practices. Contractor shall not discharge anything to the storm drain, creek or adjacent water ways. Contractor will contain and capture any materials that may potentially reach a storm drain, creek or adjacent water way. Contractor shall implement any and all Best Management Practices (BMP's) as may be necessary. e) During construction the Contractor shall provide street sweeping as necessary to meet the requirements of the City of San Juan Capistrano National Pollution Discharge Elimination System Program (NPDES). f) Contractor must take all due precautionary measures to protect all of the existing utilities. When necessary, the Contractor shall have all utilities located by contacting the responsible agency at least 48 hours prior to commencing any work. The Contractor's attention is directed to the one-call utility notification service provided by Underground Service Alert (USA). USA member utilities will provide the Contractor with the locations of their substructures when given at least 48 hours' notice. Such requests should be requested through USA @ 811 or 800-227-2600. 3) Acceptance of Work The Director or authorized representative will make inspections and determine that the work has been completed in all respects in accordance with these specifications. 4) Billimx. Records awl Fie ports a) Contractor shall maintain a record of all work performed, including but not limited to location and types and amounts maintained/installed/removed. This record shall list the date(s) of the service and/or work performed. A copy of such record shall be provided to the Director upon completion of each work order. The contractor shall 6114702100\12888815 l MSA page 20 0 return appropriate and completed work orders showing the date and inventory of work performed and it shall be attached to each invoice. Contractor shall provide a billing form and progress payment form approved by the Director or authorized representative. b) Upon submittal of an invoice for work completed by the Contractor, the Director/City shall pay net 45 days, unless otherwise agreed upon by the Director/City and the Contractor. 61147.02100\12888815.1 MSA page 21 EXHIBIT "B" Schedule of Services Installation date(s): Generally, throughout the year, as needed. School zone markings will need to be refreshed during summer break/no school timeframes. Removal date: See above NOTE: Dates may be flexible, pending weather related conditions and Contractor/City operational needs. Actual start dates shall first be approved by the Director of Public Works and Utilities. 61147.02100012888815.1 MSA page 22 ADDENDUM q3 EXHIBIT "C" n Compensation &Bid Schedule From: Ah Q (CONTRACTOR) To: Director of Public Works,City of San Juan Capistrano The undersigned, as proposer, declares he/she has carefully examined the location of the proposed work and has read all requirements as described in the RFP, and hereby proposes and agrees, if the proposal is accepted, to complete said contract in accordance with the RFP and related MSA for the following costs noted herein. Said amounts are to include and cover all taxes, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, materials and other means of maintenance; also, the performance and completion of all the work in the manner set forth, described and shown in the RFP for the work. As noted in the RFP, Contractor will not be required to pay for permits on City projects. Further, the undersigned proposer certifies that he/she has thoroughly checked the figures set forth in this Exhibit C and that they are correct to the best of his/her knowledge and that they constitute his/her complete proposal for the work required as noted in the RFP. *NOTE: All unit pricing shall be based on the full term noted in § 3,1.2 of the agreement* Part A - Repaint one-coat 15 mil minimum per Caltrans lengths,gaps, placements Item Unit Price Comment 4" Solid Double Yellow L.F. $ 4" Broken Double Yellow L.F. $ 4" Solid White or Yellow L.F. $ 4" Skip White or Yellow L.F. $ 6" Solid White Bike Lane L.F. $ y 6" Skip White Bike Lane L.F. $ D&S 8" Solid White L.F. $ 8" Skip White JEach $ Type IV Turn Arrow Left or Right) it Type I Strai ht Arrow T e VI Mer e I Lane DroArrow Type VII Straight. Right or Left Arrow $ Addendum N3 -Page1 of 4 MSA page 23 V Item Unit Price Comment 12" Solid White or Yellow S.F. $ , ON Parking Stall ("T") Each $ , Bike Symbol Legend (Symbol Only) Each $ U "Bike Lane"W/Arrow Legend Each $ 40,9-5 RXR Railroad Legend (Legend Only, 70 SQFT) Each $ IQ b y 8' Letter/Number White or Yellow "STOP"=4/"SCHOOL"=6/"25"=2 Each $ Part B— Install new extruded thermoplastic (w/layout & install on existing pavement w/primer) 4" Solid Double Yellow L.F. $ 4" Broken Double Yellow L.F. $ ILA 4" Solid White or Yellow L.F. $ j- 4" Skip White or Yellow L.F. $ 6" Solid White Bike Lane L.F. $ 6" Skip White Bike Lane L.F. $ 8" Solid L.F. $ 1-1 8" Skip L.F. $ All l Type IV Turn Arrow Left or Right) Each $ 'As , $ Type I Straight Arrow Each $ LAy,17 Type VI Merge/ Lane Drop Arrow Each $ Type VI1 Straight, Right or Left Arrow Each $ o q, Ct(o 12" Solid White or Yellow S.F. $ Parking Stall "T" Each $ HSOL\ Bike Symbol Legend (Symbol Onl Each $ yb, ('0(0 "Bike Lane" W/Arrow Legend Each $ , RXR Railroad Legend (Legend Only 70 SQFT) Each $ S 8' Letter/ Number White or Yellow "STOP"=4/"SCHOOL"=6 /"25"=2) Each $ lo, q� Part C—Surface mount (bituminous/epoxy) delineator White/Yellow 36" Each $ S$ White/Yellow 48" Each $ 1p�g Part D— Removals Pavement Marker/ Reflective or Ceramic Each $ $ Sandblast- Minimum Charge W/Sweeper Approx. 500 S.F. or Less L.S. $15 1.DDD Sandblast W/Sweeper S.F. $ ,DI Li Addendum#3 - Page 2 of 4 MSA page 24 Item Unit Price Comment Grinding Minimum Charge (e.g.Schibeci/ Road-Pro Micro-Grind or equaq W/ Sweeper L.S. $ is Ilp Grinding (e.g.Schibecl/ Road-Pro Micro- Grind orequal)W/Sweeper S.F. $ Grinding (e.g. Edco/Micro-Grind or equal) SweepingSmeping By Hand S.F. S $ Part E—Curbs S S S Repaint existingred/ ellow_curbt L.F. 1 LLS 2 .LS 3 47S Paint new red/yellow curb L.F. 3 4" Letter Paint Curb Markings (NO PARKING=9/NO PARKING FIRE LANE=17) Each $ , Part F -Signs Furnish Hardware & Install City Furnished Telspar Post, Sleeve, Anchor & Sign Panels. THRU SIDEWALK/ASPHALT) Each $ (DelS Furnish Hardware & Install City Furnished Telspar Post, Sleeve, Anchor & Sign Panels. THRU DIRT/GRASS) Each $ ,SSS Removal and Relocation of Existing Tels ar Sin Post Each $ t. Remove & Relocate Sign Panel OnlyEach $ q, (O -Level l=Light broom &minor scraping,Level 2=Broom, scraping&very minor weed abatement Level 3—Heavy removals including weed-wacker, compressor use for blowing off,etc. Note: If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm: President, Secretary, Treasurer,and Manager:t'h�e'reeof.. Date:ge11 go , �� I<[7[��I�C9C' ��ECCPGfL1 V ntrector nsm rint) Addendu #3 - Page 3 of 4 MSA page 25 r /Contractor name (signature) U'( ( O4 fy r \&I N ylw l7C�c �Y�J gaabs Contractor/business address �1�1- I��q-KSSO Contractor/business phone number 7P- -eo(o--7aoLA Contractor 24/7 contact phone number TwOOCS,C�pi�c 6m Contractor email Addendum#3 -Page 4 of 4 MSA page 26 EXHIBIT "D" Certificate of Compliance State of California Prevailing Wage Law Requirements The CITY has been advised that the Prevailing Wages Law applies to the work. CONTRACTOR shall be responsible for CONTRACTORS compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The CITY shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the CONTRACTOR. T,9UM WACO)< , understand that I shall be responsible for compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of records required by the provisions of Labor Code Section 1776 and with implementation of administrative regulations. Date Cont rac d title (print) Contractor erne signature) 61147.021001M88815.1 MSA page 27 Attachment 1 STATEMENT OF EXPERIENCE This page to be completed by the Contractor and submitted as part of this RFP. n (.),1ct�k V1UT.C`G Ctx, aLn-4 I V9( SsC(V e-tea. Contractor's name Compan ame �— \8S N P x'cul QC", GA cNaziA Business address 7IN_ LAGI,- 4SS0 Business telephone number Business E-mail address List at least three (3) contracts of a similar type - either currently held or held within the past 24 months. PERIOD OF CONTACT NAME CONTRACT PUBLIC AND PHONE (FROM/TO) AGENCY/COMPANY NUMBER CONTRACT AMOUNT slzlzo - Ilzol K%m 4sews"000.00 5-L 6 711127-W6055 6%0-*: -Tedd. vW10co.00 C�L-brAPVlol_ 21 I�Ib-218 Oik'6 -��It,�I� -txi4 Attch. I page I of I Attachment 2 BUSINESS LICENSE APPLICATION APPLICATIONS ARE ACCEPTED CITY OF SAN JUAN CAPISTRANO IN PERSON OR BY MAIL: 11 32400 PASEO ADELANTO MON.-THUR. 7:30AM-5:30PM "- — SAN JUAN CAPISTRANO,CA 92075 FRIDAY 7:30AM4 3OPM NMNJ SANJUANCAPISTRANO ORG (949)493-1515 5. • slit'-r.. "., - s Buiness Name/D.B.A.: �I Business Phone No.. a of Corponatonnl❑ Email Address: Ownership I IPartremla ❑ ❑NoIlrlproht LLC Business Location: City: Stab: Zip: McLng Address Chy: Sbb: Zip: Application Is For. 71 Now Business ❑Change of Address ❑Change of Ownership ❑Business Name Change Write Previous Address, Ownership,or Business Name: Today§Date: Business Start Date: No. of Employees: If business is I in SJC, ap Amates footage ofspsoe: Type of Business(Be Specine} Stab Contractors License No.: CONTRACTOR'S LICENSE w REQUIRED FOR VERIRI VU ANT TO ll FEIN: EIN: State Sates Tarr ID: INFORMATION Owners Name: n Cmtact Phone SSN(If Sole Ownership Only): \ Email Address: Home Address: City. Stale: Zip: List Infarmalian Regara tg OMows and T/lies: Name: Titre: Phone No.: \� Noma: Title: Phone No.: ACKNOWLEDGMENT TOcE COMPLETED B • • - - I understand that this business Ilceme application does not authorize me to operate until I have fulflbd requirements of oil septic"City and outside agency laws,permits or Ilcanses.I also understand met I.losnse Certificates Issued W rsuenl to the provisions of the San Juan Capistrano Munk"[Code Tide 3-Business Lioensm requires the City License Colleclor to add penalties for failure k pay a business Ilcenee fes.I oamly under penally of penury met the above information is comet!and I am an authorized reprseenhAve of this buain ss. Print Name: Signature: Date: • ' PLANNING DIVISION USE ONLY Data ofZanlng: APproved By: ❑ Denied By. Determination: Page 1—PLEASE COMPLETE REVERSE SECTION BUSINESS PROFESSION AND IHACE LICENSE CITY OF SAN JUAN CAPISTRANO "ERGOYGR�;EpTMNUGENNSEAASTHB MUSHIPTTFFOIRR NUMBER M.MR THE 0001D LAI ORPNTTb OFLMSCERTFlGTE 00040TIGNxM1ETHE NLIOERTOOPEMTEORFEW SAID M�CRY US MNI JUAN FOR YHE BUSINESS CONCERNED BNTMABUBMESS 0NC01011OF 2460 MYN MO NANLE.THECI COEBNOTMSSONTHEOUAUFICPTIONBOFTNEHCIMfl OFTIIGMRTIGILAM, WPfi OF BUSINESSBIIBINEBSCOCE INDICTED!SAM RAF ROAD STRIPING TFI 12460 I 11212016 BUBNEBB LMKTIoN nNRamx utile 193N POLEY ORAN3E CA 92861 I 12131/2017 OLExIE FIESMIL ORANGE CO.STRIPING SERVICE, INC. $ 52.30 183 N PIXLEY NON TRANSFERABLE ORANGE,CA 92868 ' POST IN A CONSPICUOUS PLACE Bi CIN1.'LFNSE COLLECTIXf I I 1 Attachment 3 Insurance Form Attach valid, current liability insurance form here, as attachment 3. See specific requirements on pages 6 & 7, § 3.2.11 (A) & (B) of the Maintenance Services Agreement. NOTE; The City of San Juan Capistrano must be named as additionally insured. i i l t Attch.3 page 1 of 1 JEi�a ] n17 CERTIFICATE OF LIABILITY INSURANCE aae118M THIS CERTIFICATE IS ISSUED IR A MATTER OF INFORMATION ONLY AND CONFERS E RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOER NOT AFFIRMATIVELY OR DOES NOT C AMEND, EXTEND TR ALTER THE N T COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE E INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE XOLOER IMPORTANT: If the ca lasats holder Is an ADDITIONAL INSURED,the polk y(Ix)must have ADDITIONAL INSURED provisions or be endorsed, If SUBROGATION IS WAIVED, subject an flus forma and conditions of the policy, certain polkles may require an endarcement A statement an mk mMACMe does not winter rights to rise eaRlaoete holder In lieu as ON andomemen s, PaooOcm Adamson&McGoldrick Insurance SolutionsEdm Me 1150 E. Orengethorpe Ave., Sults 100 oxs 744 ]-9144 Placentle,CA 92870 arils mlm. INSURER AFFORC CaNMaE NRC/ w anelm.com xauRex A: ZLeloh Amaricanlneurarc Co 18596 INSURED Mauritius, TOWIMUMProperlyCasualtyCooAnarricat256]4' One Countyy Striping Services, Inc. 183 N.Pixley St. NBURERO: Orange CA 82868 INSURER B: INSUR E: xsuaert P: COVERAGES CERTIFICATE NUMBER 9e79B006 REVISION NUMBER: THIS IS TO CERIFY THAT THE POLICIES OF INSURANCE LISTED BBAW HAVE BEEN ISSUED TO THE INSURED NAMED PROVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANO CONDRIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PND CIAIMB. UXIL MR IYPe OPmEIauNCe POLICY ee a was A coxMERaRL6avMLUAeaJtt GL001236$8A2 &1201] 8!1/2011 EmHOccwRame i 0,000 cuxa.Mme ©accw a 900.00 CDntleaWelLeb. NEOEm $ 5,000 BFPWNO%CU EX MRROWL aaovluwm a 1,1100,000 cexLAsoReaAieuMr APPues Pox PExERALAeOREGATe 6 2.000,000 Poucr❑✓ jp& ❑Loc PRODUCTS-CONP/ mo 6 2,000,000 8 I A A NWILELAM" V BAP012667-02 8/12017 0/112019 ° S 1,000,000 µvILRO BODILY INJURY Iro Move) S OWNEDBCXEDULEO 8001LY INJURY(b Irelmo) a AVORM ONLY PUT0.9 RAURMS ONLY ALTOS ONLY E0.ttOFA4[IE a a BuxaNELuwa acus ZUP41M]7908-17 Bh=17 6112016 FAcx accLRaENCE $ 4001) O'`RBa1L'a CUAIMBMME ARMEOATE a ODWD DSD I e/I RETEunoxs10,DOO e A MMM MPENs MN WC0129859-02 t] 9712016 A ANOFNPLOIWie'LIMI1 Y)a pNWROMN PA EP ECUnEEACHACCIa6VT b 1,DW,DCO 1pxpeFlaC�aM ff=LUD® ❑ MIA EL MandoealbeuMer D= E.LUIEEARE-EOmPWYE a 1.0m.000 SEE BVOMOFOPEMTIONabew EL OLREASEroucY War s 4,000.000 DEWMPT WF EMMOMIL TOl VBNMMCm0UK,Addlnahal Pence,461041,No be rtWM1M limes RI krWb,ll CRY ofssn JWn Cagistrano,Is officials.OQkBi employees,agents,and volunteers am named acidlgonal kauredthb Ineummos k primary and mmwMWlory,wd ver of submgallon applles,as requked by xrilten cantmel par ondasement athan ed. CERTIFICATE HOLDER CANCELLATION Ci(ry of San Juan Ca istrano SHOULD MY OFTHEASOVEDESCNBED POLICIES BE CANCELLED BEFORE 32300 Paseo Adelanto THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN San Juan Capistrano CA 92675 ACCORDANCEWITH THE POLICYPROVISION8. MIMONEEDREPRNUTAMA Dick WeIM ��Qga /WLrf]j 0 ISM4011 ACORU CORPORATION. All rights reserved. AMU 25(2019103) The ACORD nems and logo ere registered make of ACORD 34136"• 1 Cum-1 1 17119 xlswa19a1un •4916. RBLI I Clotb,nmnds 1 7/1912417 74 Imes I em 2 of 9 i Additional Insured —Automatic — Owners, Lessees Or ZURICHA Contractors I Polls/ No. I E9. uaw of ft. I Ew oab of Poi. I Eff,pale ofEM. PmGuwr No. MCI.Prwn Realm Pran. GLO0123659.02 911RO1T 2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Orange County Striping Services, Inc. Address (Including ZIP Cade): 183 N. Pixley St. Orange CA 32868 This endorsement madiFies insurance provided under the: Commercial General Liability Coverage Part A. Section II—Who Is An Insured is amended to Include as an additional insured any person or organization whom you era required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for"bodily Injury', "property damage" or"personal and advertising Injury"caused, In whole or In part,by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included In the "products-completed operations hazard",which Is the subject of the written contract or written agreement. However,the Insurance afforded to such additional Insured, 1. Only applies to the extent permlded bylaw; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional Insured. B. Wilh respect to the insurance afforded to these additional insureds,the following additional exclusion applies: This Insurance does not apply to: "Bodily injury "property damage" or"personal and advertising injury' arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services Including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, Inspectlon, architectural or englnearing activities. This exclusion applies even If the claims against any insured allege negligence or other wrongdoing In the supervision, hiring, employment,training or monitoring of others by that Insured, if the 'occurrence'which caused the 'bodily Injury" or"property damage", or the offense which caused the "personal and advertising injury', Involved the rendering of or the failure to render any professional architectural, engineering or surveying services. U-GL11]GF CW(O4113) Page 1 of 2 ss+,.a ".." I nne c.r.marxn",L'SlY4@ifAFNli&Fled TER9ttidJfffir1nMe`�B. P9T.R!fgegn% lY gUayVajon. C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV— Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an"occurrence"or offense that may result In a claim; 2. We receive written notice of a claim or"suit"as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit' will promptly be brought against any policy issued by another Insurer under which the additional insured may be an Insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following Is added to the Other insurance Condition of Section IV — Commercial General Liability Conditions: Primary and N..oncontr!lJdt6ry.Insurance: This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph Is added to Paragraph 4.b.of the Other Insurance Condition of Section 1V—Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy Is also covered as an additional insured on another policy providing coverage for the same 'occurrence", offense, claim or"suit'. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that Identified additional insured. F. With respect to the Insurance afforded to the additional insureds under this endorsement, the following Is added to Section III—Limits Of Insurance: I The most we will pay on behalf of the additional Insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A.of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not Increase the applicable Limits of Insurance shown in the Declarations. i All other terms and conditions of this policy remain unchanged. U-GLA 175-F CW(04113) Page 2 of 2 Includes copyrighted material of Insurance Services office,Inc.,with its permission. 3673600a 1 ORJ1HG-1 1 17/10 GL/AUTO/WC/UMa *Moate[Template* I Edith Maganda 1 7/19/2017 209:26 PM (PDT) I Page 3 of 9 ff 1 r Coverage Extension Endorsement ZURICH"' Policy No. Eff. Date of Pol. Exp. Dale of Pol. I Eff.Dale of End. Producer No. Add'I.Prom Return Prem, 13AP0123657-0<6/1/2017 6/1/2018 �� THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who is An Insured Provision in Section 11—Liability Coverage: The following are also"insureds": a. Any"employee" of yours is an "Insured"while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. G. Anyone else who furnishes an"auto"referenced In Paragraphs a.and b.above. d. Any person(s) or arganization(s) where required by written contract or written agreement executed prior to any"accident"provided the"accident'arises out of operations contemplated by such contract or agreement. 2. The following is added to the Other Insurance Provision in the Conditions Section' } Coverage for any person(s) or organization(s)where required by written contract or written agreement executed prior to any"accident"will apply on a primary basis and any Insurance maintained by the additional "insured"will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the coverage form. B. Amendment—Supplementary Payments Paragraphs a.(2)and a.(4)of the Coverage Extensions Provision in Section II—Liability Coverage are replaced by the following: (2) Up to$5,000 for the cost of bail bonds(including bonds for related traffic law violations)required because of an "accident"we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the"insured"at our request, including actual loss of earnings up to$500 a day because of time off from work. C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II—Liability Coverage does not apply. D. Driver Safety Program Liability.and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section II—Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to,auto or truck rodeos and other auto or truck agility demonstrations. i I U-CA-424-E CW(04-11) Page 1 of 5 Includes copyrighted material of Insurance Services Office,Inc.,Wth its permission. 36736008 1 ORANG-1 1 7.7/18 GL/AUT0/NC/U603 A1448ter Template" I Edith Maganda 1 7/18/2017 2:39;26 PM (PUT) I Page 4 of 9 I 2. The following is added to Paragraph 2. In the Exclusions of Section Ill— Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. In the Exclusions of Section IV -- Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to,auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total"loss"to a covered"auto",we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Coverage Section of the coverage form;and b. Any: (1) Overdue lease or loan payments at the time of the"loss"; (2) Financial penalties imposed under a lease for excessive use,abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. I F. Towing and Labor The following Is added to Paragraph A.2.of the Physical Damage Coverage Section: We will pay up to$75 for towing and labor costs incurred each time a covered"auto"of the private passenger type is disabled. However,the labor must be performed at the place of disablement. G. Extended Glass Coverage The following is added to Paragraph A.3.a,of the Physical Damage Coverage Section. If glass must be replaced, the deductible will be $100 or the deductible shown in the Declarations, whichever is less. If glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage—Increased Loss of Use Expenses The Loss Of Use Expenses Provision of the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage,we will pay expenses for which an"Insured"becomes legally responsible to pay for l loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only If the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered"auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered"auto". However,the most we will pay for any expenses for loss of use is$100 per day,to a maximum of$3000- 1. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to$750 for"loss"to personal effects which are: (1) Personal property owned by an"insured"; and u-CA424-E cw t04-11t Page 2 of 5 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 367-16008 1 ORANG-1 1 17/19 GL/AUTO/NC/UD," -Maeter Template* I Edith Naganda 1 7/19/2017 2:39:26 PM (pnT) I Page 5 of 9 (2) In or on a covered"auto". b. Subject to Paragraph a.above,the amount to be paid for"loss"to personal effects will be based on the lesser of. (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b, above, only applies In the event of a total theft of a covered j "auto". No deductible applies to this coverage. However, we will not pay for"loss" to personal effects of any of i the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records,discs or other similar devices used with audio,visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same"loss", J. Tapes,Records and Discs Coverage 1. The Exclusion in Paragraph B.4.a. of Section III—Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV—Physical Damage Coverage in the Motor Carrier Coverage Form do not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for"loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records,discs or other similar audio,visual or data electronic devices: (a) Are the property of an"insured'; and (b) Are in a covered"auto"at the time of"loss". The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such"loss". 2 K. Airbag Coverage The Exclusion in Paragraph B.3.a.of Section III—Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.4.a. of Section IV—Physical Damage Coverage in the Motor Carrier Coverage Form do not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: If an accident is covered both by this policy or coverage form and by another policy or coverage form issued to you by us,the following applies for each covered"auto"on a per vehicle basis: 1. If the deductible on this policy or coverage form is the smaller(or smallest)deductible,It will be waived;or 2. If the deductible on this policy or coverage form Is not the smaller(or smallest) deductible, it will be reduced by the amount of the smaller(or smallest)deductible. M. Physical Damage—Comprehensive Coverage—Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section: Regardless of the number of covered"autos"damaged or stolen, the maximum deductible that will be applied to Comprehensive Coverage for all"loss"from any one cause is$5,000. U-CA-424-E CW(04-11) Page 3 of 5 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 36736808 1 ORANG-1 1 17/18 GL/AUTO/WC/UMB kMa9ter Template* I Edith Maga da 1 7/18/2017 2:39:26 FM (FD1'S I Page 6 of 9 N. Temporary Substitute Autos—Physical Damage 1. The following is added to Section I—Covered Autos: Temporary Substitute Autos—Physical Damage If Physical Damage Coverage is provided by this coverage form on your owned covered "autos", the following types of vehicles are also covered"autos"for Physical Damage Coverage: Any"auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto"you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss';or 5.• Destruction. 2. The following is added to the Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos—Physical Damage We will pay the owner for"loss"to the temporary substitute"auto"unless the"loss"results from fraudulent acts or omissions on your part. If we make any payment to the owner,we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. O. Amended Duties In The Event Of Accident,Claim,Suit Or Loss Paragraph a.of the Duties In The Event Of Accident,Claim,Suit Or Loss Condition is replaced by the following: a. In the event of"accident",claim,"salt"or"loss",you must give us or our authorized representative prompt notice of the"accident", claim,"suit"or"loss". However,these duties only apply when the"accident",claim,"suit"or "loss"is known to you(if you are an individual),a partner(if you are a partnership),a member(if you are a limited liability company)or an executive officer or insurance manager(If you are a corporation). The failure of any agent,servant or employee of the"insured"to notify us of any"accident",claim,"suit"or'"loss"shall not invalidate the Insurance afforded by this policy. Include,as soon as practicable: (1) How,when and where the"accident"or"loss"occurred and if a claim is made or"suit"is brought,written notice of the claim or"suit"including,but not limited to,the date and details of such claim or"suit'; (2) The"insured's"name and address;and (3) To the extent possible,the names and addresses of any injured persons and witnesses. If you report an"accident",claim,"suit"or"loss"to another insurer when you should have reported to us,your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident"or "loss", provided that the"accident"or"loss"arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. 0. Employee Hired Autos—Physical Damage Paragraph b.of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance—Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage,the following are deemed to be covered"autos"you own: U-CA-ata-a cw toa-t 1' Page 4 of 5 Includes copyrighted material of insurance Services Office,inc.,with Its permisslon. 36736000 1 ORANG-1 i 17/16 GL/AUTO/WC/"MB *Master Template` I Edith Maganda 1 7/10/2017 2:39:26 PM (PUT) I Page 7 of 9 1 1 (1) Any covered"auto"you lease, hire, rent or borrow;and (2) Any covered"auto"hired or rented under a written contract or written agreement entered into by an"employee"or elected or appointed official with your permission while being operated within the course and scope of that "employee's"employment by you or that elected or appointed official's duties as respect their obligations to you. However, any"auto"that is leased, hired, rented or borrowed with a driver is not a covered"auto". R. Unintentional Failure to Disclose Hazards The following is added to the Concealment,Misrepresentation Or Fraud Condition: i However,we will not deny coverage under this coverage form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this coverage form;or (2) Make an error,omission,improper description of"autos"or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. F S. Hired Auto—World Wide Coverage Paragraph(6)(a)of the Policy Period,Coverage Territory Condition is replaced by the following: (a) A covered"auto"is leased, hired, rented or borrowed for a period of 60 days or less;and T. Bodily Injury Redefined The definition of"bodily injury"in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. i All other terms and conditions of this policy remain unchanged. s i .I I� i E , U-CA-424-E CW(04-11) Page 5 of 6 Includes copyrighted material of Insurance Services OMM Inc.,vAth Its permission. 36716008 I ORANa-1 17/18 OL/AUTD/WC/UNB *Naetex Template* I Edith 14aganda 1 7/18/2017 2:39:26 PM (PDT) Page 8 of 9 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA i i This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below, (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the pollcy.) This endorsement, effective on 6/1/2017 at 12:01 A.M.standard time,forms a part of (DATE) Policy No. WC0123659-02 Endorsement No. of the (NAME OF INSURANCE COMPANY) issued to Orange County Striping Services, Inc. Premium (if any)$ Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation pre- mium otherwise due on such remuneration. Schedule Person or Organization Job Description As required by written contract. fI i WC 252(4-84) WC 04 03 06(Ed,4-84) Page 1 of 1 36736008 I ORA140-1 119/18 04/AUTO/WC/UM8 •Mauler Template' I Rdith 14aganda 17/18/2017 2,79:26 PM (PDT) I Page 9 of 9 I Attachment 4 State of California Contractor's C-31 & C-32 licenses Attach copy of valid, current licenses here. Attch.4 page 1 of 1 ....... CONTRACTORS dCa STATE LICENSE BOARD •^^^^^^- ACTIVE LICENSE 346096 CORP .,: ORANGE COUNTY STRIPING SERVICE INC I ..wnw C32 C31 o...w. 03/31/2019 uw^v.cslb.ce.gm I I Attachment 5 NEW VENDOR APPLICATION FORM Please type or print in black ink. All vendor information must be complete and this application must be signed. A completed and signed Wil form must - accompany this application. Business Information Company Name: e Inc Address: Email Address: }Ki Website: Federal Tax ID State Tax ID: Number. Social Security Type of Business Number: Standard Terms Net 30 l J 2% 10 Net 30 ( ) Other Current California�Contractors License(s): Type: (,,!A t l.Ja- Number:3H(0VC�S Type: Number: - Type: Number: Company Ownership Sole Proprietorship . Partnership _ Corporation _2L Other Attachment 6 Font, W'9 Request for Taxpayer Rive form to the lea.October 2ogn Identification Number and Certification requester.Donot o.p,weuau.7)....y 9entl b the IRS. L,wM Nam M1avrl.s al Noma Lae ah SERVICE,AM Business came,II g ORMG12i CA 928884207 Vp baeck apprcpMla bon: 0 IrwlvlduVSole suspender corporations ❑ Partnership 6 ❑ unWtl lebiny company. Finer the res elaaYMaOon Inwlve9eNM entity,c=mmolaam,,P_ Exempt -PaM.enPIP....._ ❑ pMe ii es bursar sac mug e xrMnas ywmbx,eus,.na W.or amts rte) nlegualxeYe name arta eadron ppuonaq T� CRY.e .BM ZAP Ms YWS Use account sweetened axe to finned. d• Tex earner Identification Number N Enter your TIN In the appropriate box.The TIN Provided must match the nems given on Lina I to avoid 9oelet eeadry number backup w thootdng. Far Individuals, this Is your social 9e0udty number(SSN).However, lot a said alien,sola proprieto,or disregarded entity,see the pert I Instructions on page 3. For other amities, it ie your employeronimmare m�number(Fled..II you do not hew number, Bae How Is get a TIN on page 3. or - Nota. It the accoucuntt iss In mothen one nems,see the cher)on page 4 far guidelines on whose number to enter. Cenulcmitxl UI penalties of parhny,I canary that: I. The number shown an this form is my correct tezpayer I tMcadon number(o I am seeing for a number to be Issued to mel,end 2. 1 am not subject to backup withholding because:(a)I em audience from backup wlthhdi ng,or(b)I have not been m11f ed by Me Internal Revenue Service(IRS)Mat I am subject to backup withholding as a result of a failure to report ell Interest or CMderks,or(a)the IPS has modest me that I a s no longer subject te backup withholding,and 3. 1 am a U.S. cltlsan or other U.S, parson(defined belaw). Conseetlan Instructions.You must cross out Item 2 above If you have been testified by Me IRS that you are currently subject to backup withholding because you have felled to repot all Interest and dividends on your ter ri For was asset transactions,Item 2 does not apply. For mortgage Interim paid. acquisition or abandonment of secured properly, cancellation of debt, contributions to en Individual ratlmment enargamant qRA), ad generally, payments other than Interest and dividends,you are not required to sign the Canlllculmn, but you must provide your cornet TN. Sea the limmuctlone on page 4. Sign slgnaaro of L5 Here ua,paean / / _[�.,.. r� S_/ mi 7- M-2,0Q General Instructions Definition of a UA parson. For seemed tax purposes, you are considered a US.person If you are: Sectioninferences ere to the Internal Revenue Cade unless othervdm noted. a An Individual who Is a U.S,citizen or U.S,resident alien, Purpose of Form ortarnizea In the United or under[heseawrs of tthhe United! er A person who is required b gift an Infmmalion return with lire Slates. RS must obteln your coned taxpayer Identlgostion number(rllk s An estate(other Man a foreign estab),or to report,for sa mple, Income pald M you, real estate s A domestic trust(as deflned In Regulations section transactions, mortgage Interest you paid, acquldtlon or 301,7701.7), abandonment of assured property, cancieli lon of debt, or Spacial rules for partnerships.partnerships that conduct a conbbutions you made to an IRA. trade or buainass In the United Stales aro generally required to Use Form W-9 only If you ere a U.S. person (Including a pay a withholding tee an any foragn partners'share of Income resident alien) to provide your correct TIN to Me person from such business. Further, In camen cases whew a Form W-9 requesug it(Me requester)and.when appinable,to: ban not been received, a pwnnarshlp Is required to presume that 1.Certify Mat the TIN you are giving Is sorest(or you are a parhier is a foreign parson,and pay the withholding No. walling for a number to be lesued), Tharebin,if you we a U.S.person Mal Is a paha In a 2.Cerby that you ere not subject to backup withholding, or partnership conducing a trade or budneas In the United Stales, preside Form W-9 to the parmershlp to establish your U.S. 3.Claim axemptlon from backup withholding If you are a U.S. status and avoid wlthholdireg on your share of partnership exempt payee. It applicable, you are also certifying that as a Income. U.S. person, your allocable share of any partnership Intone from The person who gives Form W-9 to the partnership for a U.S.trade or business Is not subject to the withholding teak an purposes of establishing Its U.S.status and avoiding withholding foreign partners' shire of effectively connected Income. on Its allocable share of net Income from the partnership Nob. If a requester gives you a form other than Forth W-9 to concluding a trade or business In the United Stalin Is In the request your TIN, you must use the requester's form If it Is fuNowing clans: substantially slMlar to Vale Form W-9. a The U.S, owner of a disregarded entity and not the entity, GM.Na.1021'1k Fwm - (Rev.to 200])