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HomeMy WebLinkAboutItem No. 06 Amend No. 01 Ext of Agrmnt J&S StripingText File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: TMP-1610 Agenda Date: 8/9/2016 Status: Consent AgendaVersion: 1 File Type: ReportIn Control: City Council Agenda Number: 6) Page 1 City of Lake Elsinore Printed on 8/4/2016 Amendment No. 1 Annual Traffic Striping Maintenance Page 1 of 1 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Grant Yates, City Manager Prepared by: Nicole McCalmont Date:August 9, 2016 Subject:Amendment No. 1 – Extension of Agreement for Contract Services (On- Call) for J&S Striping Company Recommendation 1. Approve Amendment No. 1 to the On-Call Contract Services Agreement with J&S Striping Company, to allow for a one (1) year renewal term. 2. Approve and authorize the City Manager to execute the Agreement in the not to exceed amount of $175,000 in substantially the form attached and in such final form as approved by the City Attorney. Background On August 11, 2015, City Council approved the award to J&S Striping Company for On-Call Contract Services for the Annual Traffic Striping Maintenance Program. Discussion As a part of the regular street maintenance items, traffic striping is performed throughout the City. The work to be performed under this contract shall consist of painting traffic lanes, parking lanes, and thermoplastic directional arrows, crosswalks, and legends. All striping shall conform to Caltrans Standard Plans and Specifications. Fiscal Impact Funds in the amount of $175,000 have been allocated for the Annual Traffic Striping Maintenance Program for FY 16/17 Project No. Z10004. Exhibits A – Amendment No. 1 B – Original Agreement AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACTOR SERVICES (ON-CALL) J&S Striping Company, Inc. Annual Traffic Striping Maintenance Program Project No. Z10004 This Amendment No. 1 to Agreement for Contractor Services (On-Call) (“Amendment No. 1”) is made and entered into as of July 1, 2016 by and between the City of Lake Elsinore, a municipal corporation (“City), and J&S Striping Company, Inc., a Corporation (“Contractor”). RECITALS A. The City and Contractor have entered into that certain Agreement for Contractor Services dated as of August 11, 2015 (the “Original Agreement”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. B. The Original Agreement provided for compensation to Contractor in an amount not to exceed Fifty-Five Thousand dollars ($175,000). C. The term of the Original Agreement was for ten (10) months and allows the City to extend the term on an annual basis, for a total of two (2) years. D. The parties now desire to extend the term for such services as set forth in this Amendment No 1. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Contractor agree as follows: 1. Section 2, Time of Performance, of the Original Agreement is hereby amended to add the following: Unless earlier terminated as provided elsewhere in the Original Agreement, this Amendment No. 1 shall continue in full force and effect until June 30, 2017. The City may, at its sole discretion, extend the term of this Agreement on an annual basis not to exceed one (1) additional renewal term, such notice to be exercised by the City Manager. 2. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the respective dates set forth below. “CITY” CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager Date: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney “CONTRACTOR” J&S Striping Company., a Corporation J&S Striping Company, a corporation Date: Attachments: Exhibit B – Original Agreement EXHIBIT B EXHIBIT B ORIGINAL AGREEMENT [ATTACHED] ZA @ CITY OF LAIG LSINO DREAM EXTREME September 10,2015 J & S Striping ComPanY Inc. Attn: Robert Aragon 1544 S. Vineyard Avenue Ontario, CA 91761 Dear Mr. Aragon: Enclosed for your files, please find your fully executed copy of the On-Call Contractor Services Agreement for the Annual Traffic Striping Maintenance Program, Project No. 21 0004. Should you have any question, please do not hesitate to contact our office' Sincerely, AilO*k; DiaTa Gir6n Acting City Clerk Enclosures cc: Public Works DePartment Administrative Services 951.674.3124 130 S. MAIN STREET LAKE ELSINORE, CA 92530 WWW.LAKE-ELS I NORE.ORC t AGREEMENT FOR CONTRACTOR SERVICES (ON-CALL) J & S Striping Company, lnc. Annual Traffic Striping Maintenance Program, Project No. 210004 This Agreement for contractor services (on-call) (the "Agreement") is made and entered into as of August 1 1 , 2015, by and between the City of Lake Elsinore, a municipal corporation City") and J & S Striping Company lnc., a Corporation ("Contractot''). RECITALS A. The City has determined that it requires the following services: Citywide traffic striping maintenance in conformance with Caltrans Standards- B. The City has prepared a request for a proposals and Contractor has submitted to City a proposal, dated July 6, 2015, both of which are attached hereto as Exhibit A (collectively, tne "Contiaaor;s Proposai") and incorporated herein, to provide services and related work to the City pursuant to the terms of this Agreement c. contractor possesses the skill, experience, ability, background, certification and knowledge to perform the services and related work described in this Agreement on the terms and conditions described herein. D.CitydesirestoretaincontractortoperformtheServicesandrelatedworkas provided herein and contractor desires to provide such services and related work as set forth in this Agreement. AGREEMENT 1. Scooe of services. contractor shall perform the services and related work described ln contrraors eroposat (Exhibit A). Contractor shall provide such services and related oi1 t tn" ti.", place, and in the manner specified in contractor's Proposal (Exhibit A)' subject io the direction oi the City through its staff that it may provide from time to time. Contractor rno*r"og". that the scope of- Services provides for 24 hour-a-day, 7 day-a-week, on-call support on an as needed basis. 2. Time of Performance. a. Time of Essence. Time is of the essence in the performance of this Agreement.tetimetorcomptetionoftheservicesandrelatedworktobeperformedby C6nto"tot. is an essential condiiion of this Agreement. Contractor shall prosecute regularly and O,fiJ""tfVln" r"*ices and related work conteinplated pursuant to this Agreement consistent with co"ntrr,ioi. proposal (ExhibitA) and shall provide, furnish and pay all labor, materials, necessary toors, e*penoaule equipment, ,nd ll t"r"t, utility and transportation services required to perform such the services and related work. b.PerformanceSchedule.contractorShallcommencetheservicesand related work pursuant to this Agreen eni upon receipt of a written notice to proceed and shall p;;; ,ti r&ices and related' work within the time period(s) established in the Contractor's On-Call) For Annual Traffic Striping Maintenancr Program - FinalPage 1 Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified may be approved in writing by the City Manager. c. Term and Compliance with TaskMork Order Svstem. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period of Ten (10) Months, commencing on August 11, 2015 and ending on June 30, 2016. The city may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed Two (2) additional twelve (12) month renewal terma by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager. Contractor hereby agrees and acknowledges that any and all work or services performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by the City. bontractor acknowledges that it is not guaranteed any minimum-or specific amount of work or services as all work or services shall be authorized through a TaskMork Order issued by the City. 3.CompensationandCostofLivinqAdiustment.compensationtgPj.paidto Contractor snatt Oe in accorOance witfr tne fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. ln no event shall Contractor's compensation for the initial term exceed one Hundred seventy Five Thousand Dollars iCr i'i,ooot *mout additional written authorization from the City. Compensation for-anY extended ienewat teim shall not exceed One Hundred Seventy Five Thousand Dollars ($175,000) annually, suUjea onty to tne cost of living adjustment as provided forherein below, without additional written authorization from the city. - notwltnstanding any provision of contractor's Proposal to the contrary, out of pocket exfenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the city at the time of payment The compensation paid to Contractor may be adjusted on each July 1 following the first anniversary oi tn" commencement of the term of this Agreement, provided that the reqriest for cost of living adjustment shall be presented to the City no later than.June 1st of a p"rti.ri", year and, if approved by the City, will become effective on July 1st of that year. Any aJiustmeni will be based on the Los Angeles-Riverside-Orange County Consumer Price lndex Ci,t) Out in no event shall the price adiustment exceed five percent (5%)' 4. Method of pavment. Contractor shall promptly submit billings to the City describing the services ano rerateo worr performed during the preceding month to the extent that such services and related work were performed. Contiactor's bills shall be segregated by project task' it ppfi*Uf", such that the City ieceives a sep_arate accounting for work done on each individual task for which Contractor ptorid"t services. Contractor's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by wr.,om, ano a description of any reimbursable expenditures. city shall pay contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff' 5. SusPension or Termination. a. The City may at any time, for any reason, with or without cause' suspend or terminate this Agreement, br any portion hereof, by serving upon the Contractor at least ten if OiJ"Vr prior writt6n notice. Uponieceipt of such notice, the Contractor shall immediately cease Page 2 all work under this Agreement, unless the notice provides otherwise. lf the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. ln the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein. 6. Ownershio of Documents. All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property oithe City upon payment to Contractor for such work, and the City shall have the soie iignf to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor's expense, provide such reports, plans, studies, doiuments and other writings to City upon written request. City acknowledges in"t " ry use oi such materials in a manner beyond the intended purpose as set forth herein shall be at tlhe sole risk of the City. City further agrees to defend, indemnify and hold harmless Contractor, its officers, officiali, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and exfenses in connectio-n therein), arising out of the City's use of such materials in a manner beyond the intended purpose as set forth herein a. Licensinq of lntellectual Propertv. This Agreement creates a nonexclusive and perpetual license foi6ity to copy, use, modify, reuse, or sublicense any and all copyrights, J"tignt, and other intellectual property embodied in plans, specifications, studies, drawings, estiriates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on compuGr diskettes, which are prepared or caused to be prepared by Contractor na"1 inir Agreement ("Documents & Data"). contractor shall require that all subcontractors g; i" writing that City is granted a nonexclusive and perpetual license for any.Documents & Dita tne subcontractor prepares under this Agreement. Contractor represents and warrants that Coniractor has the legal right to license any and all Documents & Data. Contractor makes no iuch representation and winanty in regard to Documents & Data which were prepared by design protessionats other than Contracior or [rovided to Contractor by the City City shall not be limited in nV V in its use of the Documents & Data at any time, provided that any such use not within the plrpoies intended by this Agreement shall be at City's sole risk' b.Confidentialitv.Allideas,memoranda,specifications,plans,procedures, drawings, descriptions, computer program data, inp_ut record data, written information, and other Documlnts & Data either created by oi provided to Contractor in connection with the performance oitni" ngr""."nt shall be held confidential by Contractor. Such materials shall not, without the prioi *rii"n consent of City, be used by Contractor for any purposes other than the performance bf ihe s"rvic"s under this Agreement. Nor shall such materials be disclosed to any person or n tV not connected with tie performance of the services under this Agreement. Nothing trrni'.n"a to Contractor which is otherwise known to Contractor or is generally known' or has become known, to the related industry shall be deemed confidential. contractor shall not use Cityt n"n1" or insignia, photographi relating to project for which Contractor's services are renOereO, o, any pr-blicity pertaining to the Contractor's services under this Agreement in any Page 3 magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 7. Contractor's Books and Records. a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement. b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hJurs, upon written request by the City Manager, City Attorney, City Auditor or a designated pr"i"nt"tir" of these officerl. Copies of such documents shall be provided to the City for inipection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agieed upon, the records shall be available at Contractor's address indicated for receipt of notices in this Agreement. d.WhereCityhasreasontobelievethatsuchrecordsordocumentsmaybe lost or discarded due to dissoluiion, disbandment or termination of Contractor's business' City may, oy written request by any of the above-named officers, require that custody of the records U" ifir.i" to the City and t-hat t-he records and documents be maintained in City Hall. Access to suc[ records and dbcuments shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor-in-interest. g. lndependent Contractor. lt is understood that Contractor, in the performance of the work and servffis agreA to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. g. pERS Eliqibilitv lndemnification. ln the event that contractor or any employee, agent,oiSubffingservicesunderthiSAgreementclaimsoris JEGrrin"o by a court of competent jurisdiction or the California Public Employees Retirement SV"t", tFf n'Sl to be eligible for enroilment in PERS as an employee of the City, Contractor shall t"r.ity, deiend, and hold harmless City for the payment of any employee and/or employer lontriUrtion. for PERS benefits on behalf of Contractor or its employees, agents, or suucontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Contrictor and any of its employees, agents,.and subcontractors piSriJrl r".i"e under this Agreement shall not qualify for or become entitled to, and hereby gi"" iJ*"iu" any claims to, aiy compensation blnefit, or any incident of employment by City, in""frAing but not limited to etigibility to enroll in PERS as an employee of City and entitlement to nv "o"irfuriion to oe paio ui city tor employer contribution and/or employee contributions for PERS benefits. Page 4 10. lnterests of Contractor. Contractor (including principals, associates and management employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor's services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(aX2).) 11. Abilitv of Contractor. City has relied upon the training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled personnel to perform all services under this Agreement All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent contractors in Contractor's field of expertise. 12. Compliance with Laws. Contractor shall use the standard of care in its profession to compty witn all applicabte federal, state and local laws, codes, ordinances and regulations. 13. Licenses. Contractor represents and warrants to City that it has the licenses, permits, qualificat'ro-nsinsurance and approvals of whatsoever nature which are legally required of Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of C6ntractor io practice its profession. Contractor shall maintain a City of Lake Elsinore business license. 14. lndemnitv. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, ernployees, agents, and volunteers from and against any and all losses, liability' claims, suits, actions, d'amagei, and causes of action arising out of any personal injury, bodily iniury,'toss oi lif", or. damage to property, or any violation of any federal, state, or municipal law oi ordinrn"", to the extent iaused, in whole or in part, by the willful misconduct or negligent acts or omissions of contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the qu;lity or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, atents, or volunteers and (2lthe actions of contractor or its employees, subcontractor, or agents hive contributed in no part to the injury, loss of life, damage to property, or violation of .law lt is understood that the duty of Contractor io indemnify and hold harmless includes the duty to defend as set forth in Section 2778 ol the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from tiaUitity ,nOe, this indemnification and hold harmless clause. This indemnification and hold Page 5 harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 15. lnsuranceRequirements. a. lnsurance. Contractor, at Contractor's own cost and expense, shall procure and maintaln, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies. i. Workers' Compensation Coveraqe. Contractor shall maintain workers' compensation lnsurance and Employer's Liability lnsurance for his/her employees in accordance with the laws of the State of California. ln addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation lnsurance and Employer's Liability lnsurance in accordance with the laws of the State of California for all of the subcontraitor's employees. Any notice of cancellation or non-renewal of all workers' compensation policies must be received by the city at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation.against City, its officers, ageits, employees and volunteers for losses arising from work _performed by Conlractor-for City. in the event that Contractor is exempt from Worker's Compensation lnsurance and Employeis Liability lnsurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of ExemptionfromWorkerscompensationlnsuranceinaformapprovedbytheCity AttorneY. ii. General Liabilitv Coveraqe. Contractor shall maintain commercial general liability insura ce in an amount not less than one million dollars ($1,000,000) per 6ccurrence foi bodily injury, personal injury and property damage. lf a commercial.general liability insurance form- oi oiher form with a general aggregate limit is used, either the gene;l aggregate limit shall apply separately to the work to be performed under this gr""r"n-t-o, ine general aggregate limit shall be at least twice the required occurrence li;it. Required commercial-general liability coverage shall be at least as broad as lnsurance Services Office Coirmercial General Liability occurrence form CG 0001 (ed. 11/88) or lnsurance Services office form number GL 0002 (ed. 1/73) covering compiehensive General Liability and lnsurance Services Office form number GL 0404 covering Broad Form comprehensive General Liability. No endorsement may be attached limiting the coverage. iii.AutomobileLiabilitvCoveraqe.Contractorshall--maintain automobile liability insurance covering bodily injury and property damage for all activities of the contractor arising out of or in connection with the work to be performed under this Agreement, including c-or"rag" for owned, hired and non-owned vehicles, in an amount oinot less than one million doilars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as lnsurance Services office Automobile Liability form CA 0OO1 (ed. 12190) Code 'l ("any auto"). No endorsement may be attached limiting the coverage b. Endorsements. Each general liability and automobile liability insurance policy shall ue witn in.sur"rs possessing a Best's rating of no less than A:vll and shall be endorsed with the following specific language: Page 6 i. The City, its elected or appointed officers, officials, employees' agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers' Any insurance maintained by the city, including any self-insured retention the city may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage prorided to the city, its elected or appointed officers, officials, emPloYees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended' voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. c. Deductibles and Self-lnsured Retentions. Any deductibles^or self-insured retentions must be declared to and approved by the city. At the city's option, contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions' d. Certificates of lnsurance. Contractor shall provide certificates of insurance with original endorsefrEii!-to-Tfr as evidence of the - insurance coverage required herein' certificates of such insurance sh'all be filed with the city on or before commencement of ferformance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 16. Notices. Any notice required to be given under this Agreement shall be in writing and either servEllEEonally or sent prepaid, first class mail. Any such notice shall be addressed to ttre otner party at the address seiforth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section' lf to City:City of Lake Elsinore Attn. City Manager 130 South Main Street Lake Elsinore, CA 92530 City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 With a copy to: Page 7 lf to Contractor: J & S Striping Company lnc. Attn: Robert Aragon 1544 s. Vineyard Ave Ontario, CA. 91761 17. Entire Aqreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Contractor. AII prior written and oral cOmmuniCations, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18. Amendments. This Agreement may be modified or amended only by a written document executed by both contractor and city and approved as to form by the Gity Attorney. 19. Assiqnment and subcontractinq. The parties recognize that a substantial inducement to City ior entering into this Agreement is the reputation, experience and competence of Contractor. iontractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not sribcontract any portion of the work to be performed under this Agreement without the written authorization oftn" City. lf City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the city to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 20. Waiver. Waiver of a breach or defaull under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 21. Severabilitv. lf any term or portion of this Agreement is held.to be invalid, illegal, or otherwise unenforceable by a tourt of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22. Controllinq Law Venue. This Agreement and all matters relating to it shall be governed Uy tne taws ot tne State ot California and any action brought relating to this Agreement snatt Ue net'O exclusively in a state court in the County of Riverside 23. Litiqation Expenses and Attornevs' Fees. lf either party to this Agreement commences any tegal action against the other party arising out of this Agreement, the prevailing party shall Ue entitteO to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of tnis ng-reement through mLdiation prior to cornmencing litigation. The parties shall mutuity agree upo-n the mediator and share the costs of mediation equally. lf the parties are unable 1o agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. lnilS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the airto, remaining shall hear the dispute. lf the dispute remains unresolved after mediation, either party may commence litigation. Page 8 25. Authoritv to Enter Aqreement. 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 to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non- monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. 26. Prohibited lnterests. 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. For breach or violation of this wananty, City shall have the right to rescind this 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. 27. Eoual opportunitv Emplovment. contractor represents that it is an equal opportunity emptoyer ano 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 empioyment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 2g. prevailinq Waqes. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., ana nn, et seq., 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 othei requirements on "public works" and "maintenance" projects' Contractor agiees to fully comply with all applicable federal and state labor laws (including, without limitaiion, if applitable, the Prevailing Wage Laws). lt is agreed by the parties that, in connection with the work or services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under california law, and contractor hereby agrees to defend, indemnify, and hold the city, and its officials, officers, employees, agents, aiO volunteers, free and haimless from any claim or liability arising out of any failure or it"g"d f"ilrt" to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 29. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto ln approving this Agreement, it shall noibe necessary to produce or account for more than one such counterpart. Signatures on next page] Page I lN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. Aoti1l CITY' CITY OF LAKE ELSINORE, a municiPal corporation Attachments: Exhibit A - Contractor's Proposal CONTRACTOR' J & S Striping Company lnc., a Corporation Contractor Page '10 ates, City Manager EXHIBIT A CONTRACTOR'S PROPOSAL ATTACHED] EXHIBIT A CITY OF LAKE ELSINORE PROPOSAL - SCHFqU,LE PROJECT NO.210004 ANNUAL TRAFFIC STRIPING MAINTENANCE PROGRAM FY 1s/16 PRoPoSER: J&S ST,RIPING COMPANY, INC Contractor Name) PROPOSAL ITEMS AS FOLLOWS: ITEM NO. CODE DESCRIPTION OF ITEMS ESTIMATED QUANTITY UNIT PRICE FrcuRES) TOTAL COST FTGURES) 1 5 4" Center Line Yellow Caltrans Std Detail '1, 4" Center Line White Caltrans Std Detail 8 97,000 L.F.O.os {,:6oE 2 S 4" Solid Line White Caltrans Std Detail 27B, 4" Solid Line Yellow Caltrans Std Detail24 , es6 l$e.3on L.F. O. ob L,tBoq 3 S No Passing Zone - Two direction (No RPM) Caltrans Std Detail 21 130,000 L.F.o.l{l8,zooe 4 S No Passing Zone - Two direction with RPM Caltrans Std Detail 22 10,000 L.F.o.21 o(, 2,noo * 5 S Bike Lane Line 6" Solid Line Caltrans Std Detail 39 28,000 L.F.o.l,t 3,oBo* 6 S 8" Solid Line Caltrans STD Detail3BA 20,000 L.F.o. t3 2,tco B 7 S S" Solid Line with RPM Caltrans STD 38 4,000 L.F.o.23 12.o"3 8 Thermoplaslic 12" Solid Line, White or Yellow Crosswalk and Limit Line Caltrans STD DetailA24E 32,000 L.F.Lx c()72,sQ^ 9 4" Solid line w/ skip Yellow per Caltrans STD Detail '15 15,000 L,F.o. tz l,too "A 10 4" Solid line w/ skip Yellow and RPM Caltrans STD Detail 16 5,000 L.F.o. 23 rob l, l5o - 11 Thermoplastic Pavement Marking Words Caltrans STD A24D, A24E 15,000 SF Lzs \?,-t 5o* 12 Thermoplastic Pavement Marking Symbols and Numerals Caltrans STD A24C ffi0& 5,ooo S.F .. 85 L B1l\,25o - 13 Thermoplastic Pavement Marking Arrows Caltrans STD A24A, A24B 25,000 S.F ^8sL-go/ l,2so- TOTAL FOR ITEMS Based on estimated quantities of items I through 13 2.tt,13o9 l5-A NOTE: a. CITY OF LAKE ELSINORE PBOPOSAL - SCHEDULE PROJECT NO.210004 ANNUAL TRAFFIC STRIPING MAINTENANCE PROGRAM FY t5/r6 pRopOSER. J&S STRIPING COMPANY, INC Contractor Name) The lowest responsible Proposer will be determined by comparing the cumulative total of all items (PCC 20103.8 b). The City has the discretion to select any or all ltems for the Award of the Contract. The City reseryes the right to add or subtract items by Contract Change Order at the prices proposed. b. c. Estimated quantities are for ihe purpose of comparison only, and payments will be made on a basis of actual measurement of work completed. The line item cost include, but not be limited to, sales tax and all other applicable taxes and fees. Codes:( D) Deduct( F) Final Pay Quantities( S) Specialty ltem Units of Measurement: LFlinealfootSFsquarefoot Totalamount in WORDS for ltems only (Based in Estimated Quantities of ltems 1 through 13: I 5-B Crrv.r, A rc..@,F1nrone ry [)xrrN [XrRrMr. ADDENDUM NO.2 REQUEST FOR PROPOSATS ANNUAL TRAFFIC STRIPING MAINTENANCE PROGRAM JULY 9, 2015 Ql: ls there a Bid Bond Required? A1: NO Q2: lf this is a maintenance/re-stripe contract, will one {1} or two (2} coats of paint be Required? A2: a) REPAINTING OF EXSISTING LTNES OR MARKINGS WlLt ONIY REQUIRE ONE (1) COAT OF PAINT bI PAINTING OF NEW LINES AND/OR MARKINGS WITT REQUIRE TWO (2)COATS OF PAINT I have found that the contract mentions layout, removals and curb markings but I Do not see line items for them. Should there be line items? YES THERE SHOUTD BE ADOITIONAL LINES ITEMS Q3: A3: l4 LAYOUT OF MARKINGS PER HOUR Tt og 2aog 15 cuRB PATNTTNG/MARKING (1 COAT) L.F.t25t-,L5\- 15 REMOVAI OF PAINTED STRIPING L.F. o.27 o"tt t7 REMOVAT OF THERMOPTASTIC STRIPING L.F. o.T7 o. z? 18 REMOVAT OF PAINTED MARKINGS s.F. o.tz o.aL 19 REMOVAL OF THERMOPLASTIC MARKINGS s.F. O.BL o.,L Q4: ts there and exception to the required rapid set epoxy adhesive for the pavement Markers, such as hot melt bituminous adhesive? A4: YES, PROVIDED THE MATERIAL USED 15 THE SAME AS or EQUIVALENT TO THE STATED RAPID SET EPOXY ADHESIVE Line item 2 seems low, is it accurate? NO, THE ESTIMATED QUANTITY SHOULD BE CLOSER TO 1O3,OOO L.F. Line item 12 seems like a high number of symbols and number markings, is it an Accurate number? NO, THE ESTIMATED QUANTITY SHOUTD BE CLOSER TO 5,OOO S.F. Q6: 46: Q7: A7: ORif CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 8t25t2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTTFICATE HOLDER. TH]S CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTTTUTE A CONTRACT BETWEEN THE TSSUTNG TNSURER(S), AUTHORTZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorced. lf SUBROGATION lS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRoDUCER Patriot Risk & lnsurance Services 100 Spectrum Center Drive, Suite #400 lrvine,'CA 92618 vrww.patrisk.com 0G55454 CONTAC I NAME: i3.Nf.. e,t), (949) a86-7900 I ifi6. Nor' L9-49 E.MAIL ADORESS: 4q0i s! INSURER(S) AFFOROING COVERAGE NAIC # rNsuRER A : Ohio Security lnsurance Company 24082 INSURED J&SStrioino. lnc. 1544 S. VineVard Avenue Ontario CA 91761 r Nsu RER B : Ame rica n Fj E &_C aqUgl!!!SqA!_ael9!!pa Dl rNsuRER c : State Compensation lnsuralce Fullll 35076 INSURER D : INSIJRER E : INSURER F : COVERAGES CERTIFICATE NUMBER REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHO\^N MAY HAVE BEEN REDUCED BY PAID CLAIMS. iNsR TYPE OF INSURANCE ADDL tNsn SUBRWN POLICY NUMBER POLICY EFF MM/OD/YYYY} POLICY EXP MM/DD/YYYY)LIMITS A t_COMMERCIAL GENERAL LIABILITY l ---l i clarus.unoe L/ occuR 5 000 Deductible 8KO1656433437 3t29t2015 3t29t20't6 EACH OCCURRENCE s 1,000,00( DAMAGE IORENITU PRFMISFS 1Fa occrrrence)E 500,00( MED EXP (Any one person)$ 10,00c PERSONAL & ADV INJURY $ 1,000,00c GEI i_l I'L AGGREGATE LIMIT APPLIES PER o.-,.' k-l!E& [l .-o. GENERAL AGGREGATE $ 2,000,00c PRODUCTS. COMP/OP AGG $ 2,000,00c e B AUI 1j OMOBILE LIABILITY ANY AUTO ALL O\AJNED AUTOS HIRED AUTOS f--l scxeorl-eoIIArrrosT_l NoN-o\ NEDIIAurost'l BAA1656433437 3t29t2015 3129t2016 )MBINED SINGLE LIMIT $__ 1,000,9!! BODILY INJURY (Per person)$ BODILY INJURY (Per accident) FROFEFTY DAMAGE-' Par a.ci.lenll Uninsured motorist coml $ 1,000,00c B UMBRELLA LIAB EXCESS LIAB I occun I "*, r.-roo, usAl 656433437 3t29t2015 3t29t2016 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 n-"n-f7T*or.r s 10,000 $ c WORKERS COMPENSATION AND EMPLOYERS', LIABILITY Y / N ANY PPOPRIFTOR/PARTNER/EXECTJTIVE T-] N/A 9050628201 5 3t29t2015 3t29t2016 -IPER I IOIH-,/ ISTATIJTEI IER E,L, EACH ACCIDENT s 1,000,00C oirrbE'nrrrreMeen EXcLUDED" L__l( Mandatory in NH) lf ves describeunderniqeprprrrlruoFoPFRATtoNS betow E.L, OISEASE . EA EMPLOYEE s 1,000,00C E,L, DISEASE . POLICY LINNIT s 1,000,00C DESCRtPTIONOFOpERAT|ONS/LOCATTONS/VEHICLES (ACORDlOl,AddilionalRemarksschedule,maybeattachedifmoresPaceisrequired) Re. Job #Z1OOO4 / JSJN #3774-5, Annual Traffic Striping Maintenance Program FY2015-2016, Lake Elsinore, CA Citvbi uift Eliinore, its etected oi appointed officers, oiiicials, employees,-agents and volunteers are named as Additional lnsured, includes F;iil,;* ;;a r.ton-coritrioutory respecti to General Liability and Autb Liability fer endorsement attached where required by written contract. Waivei of subrogation applies to GL, Auto and Workers' Compensation per attached endorsements. 30 days notice oJ canceilation, 10 days for non-payment of premium. CERTIFICATE HOLDER CANCELLATION Citv of Lake Elsinore 136 S. Main Street Lake Elsinore CA 92530 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE wlLL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ft,uao.,.€,t ' * 12r*"^^* l' Leonard E @ 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks ofACORDACORD25 (20141011 6111261 I 15/16 GL/AU/IJI4B/WC I AEette Romero I S/25/20r5 2t2O:22 PM QDT) Page I' of 10 8KO1656433437 J'& S Striping, lnc. THIS ET.IDORSEMEI{? CHANGES THE PQLICY. PLEASE REAB IT CAREFULLY. COM II'IERC NL LhBIL}TY GO LT} EN BORSEM E T.IT . CONTRACTO RS This endorsament modifiss insurance provided under tha fcllowing: COMiilERCIAL GENERAL LIABILITY COVERAGE PART sEcTlON r * COVIRAGES COVERAGS A. BOSILY II'IJI}RY ANT} PROFERTY DAMAGE LIABIUTY 2. Excluelons Item 2.9. 2) is replacad with the following: 9. 21 a watercraft you do not own that is: al lesr than 50 feet long; and b) Not boing ussd to carry parsans or propxty for a charga. Item 2.9. 6) is add*d: 6I An aircraft in which you have no ownership interest and that you have cha*ered with craw. Th* last paragraph cf ?. Exclusions is replacsd with the following: Exclusions c" through n. do not apply to damage by fire, axplosicn. sprinkler leakage, or llghlnlng to pramists while rented to you, temporarity oecupied by you with tha parmissiun of th€ own6r, or man€gsd by you under a written agrs6m6nt with the ourner- A saparate limit of lnsutante applies to this coYsrags as described in Ssctlon lll - Llmlte of lnsurancs. SECTIOTT I - COVERAGES COVERAGE C. i,lEOlCAL PAYtiENTS lf Medieal Paymants Coverage is provided under thi$ policy. the following is changed: 3. Llmlts The madical experlse limit provided by this policy shatl be th* grsatar of: a. $10,000; or b. The amount shown ln the declarations. Covarage C, Medicat Payments is prirnary and not contributing with any othEr lnsuranc&, €ven lf thst othBr insurance is also primary. The following is added: COVER.AGE S. PRO$U CT RECALL }.IOTIFICATIEN EXFEil$ES lnsurlng Agroement We will pay 'product recatl notification expenses" incuned by you for the withdrawal of your products. provided that: a. Such withdrawal is requirEd because cf a detarmination by you during the policY pefiod, that ths use or consumption of your praducts could result in "bodily injury" or "property damaga"; and b. The "produet recall notificEtion oxpenBes' are incurred and reported to us during the policy period. The most we will pay for "product recall notilication expanses" during lhe policy Boriod is $100,000. SUPPLEMENTARY PAYKIENTS -COVERAGES AAND g Item b. and d. ars replacsd with: b. Ths cost of bail bonds required becauae of sccider{s or traffic laur vialatlons arising o$t of tha usa of any vehicla to which tho Bodily tniury Liability Coveragx applias. lIt/E do noi havs to furnish thase bonds. d. All rsasonabla expenses insurred by the insured &t our rsquesl lc asslst us in the investigation or dsfense of the cleim or "suit' inctuding actu*l loss of earnings up to $$00 a day because cf time off from $/ork. lneludes copyrightid mat8riat of ln*urnncc Sr/vlcos Offisee lnc,. wllh llt F.fma$$lon. GECG 970 (01/11) 6111"251 | 15,/15 GLIAU,/UMB/WC I Annette Ronero i e/25/2O75 2:2O:22 PM (PDT) i Page 2 of 10 Page I of tt SECTION ll - Url{O lS At'l INSUREO Item 4. ls raplaced with: 4. Any subsidiar,ies, companies, corporalions, flrms, or organizations you acquira or form during the policy period ovar which you maintein a controlling intaresl ol groater than 50% of the stock or assets, wlll quallfy as a Named lnsured if: a) you have ths responslbllity of placing insuranca for such entity; and b) covsrags for lhe entity is not othenriss mora spaclfically provided; and c) the enti$ is lncorporalad or organlzed under the laws of the United $tates of Amerlca. Howevar; coverage under this provision doas not apply to 'bodily injury" or "property damage" that occuned bafore you acquired or formed the entlty, or "personal iniury. or'advertising injury" srising out of an offonse sommltted befora you acquirad or formed the entity. Covarage under thls provision is afforded otly until the snd of the policy perlod, or tha twelv* ('12) month anniversary of the policy inceptlon date whichaver is earlier. ECTION m* LlillrTs 0F |N$I.'RAHCE Paragraph 2. is amended to lnclude: The General ,qggrasats Limit of Nnsuranca applies *oparately to sa*h "location" crvned by you, rented to you, or occupled by you with the perrnission of lhe owner. Paragraph 6. is raflaced wlth the following: 6. Subjecl to 5. above, tha Fire Oamage Limit is tha rnost we wlll pay under Coverage A for damag6$ hecause of proparty damago" to premisas while rented to you, temporarily occupiad by you with permis$ion of the owneF, or rnanaged by you under a rryritten agrs€msnt with the ourn€ri arising out of any on6 flre, explo*lon or sprinkler leahnge insident. The Firs Damaga Limit provided by tlris policy shall be the greater of; a. $500,000 or b- The amouni shown ln the Beclaratlons. SECTIOH IV - SOM'h.iERCIAI- GEI{HRAL LIABILITY COiIDITIOH$ Item 2. a. is replaced wlth: 2. Dutlss ln The Eyenlof Occur&nce, Offonss, Clalm orSuit a. You must promptly notify us. Your duty to promptly notify us is effectlve r*hen any of your executive officsrs, partner$, momber$, or legal repreaantratives ie gware of the 'occurrsncs", offens€, claim, or "suit'. Knowladg* of an "occurrens8", offanss, claim or "suit' by oth*r employae(s] does not lmply you also hava such knowledge. To tho axtent possible, nstice lo us should include: 1) How. whsn and whers the "occunance" or ofiense took placa; 2) ThB namas and addresses of any injured persons and witnessas; and 3) The nature and location of any injury cr damage arising out of ths "eccunence", offen&e, clalm or*suit". Item 4. b. f ) b) is roplacad with: b. Excessln*urance 1) b) Thal is Flre, Exptosion or Sprinkler Laakage insurance for premises whlte rented to you, temporarily occupied by you with p*rmlsslon of the ownorr or managed by you under a wrlttan agreament with the 0un6r; or It6m B. is amendsd to includs: 6. Reprcsenhtionr d. lf you uninlentionally fail to disctose any haaards existing at the inceptlon date of your policy, we wlll not dany coverage under this Goverags Fart becausa of such fallure. However, this provision dces not affact our right to collect additional premium or exsrcise our right af cancellation sr non-reneural.. lncludaa copyrQhlod msGrlal ol lnsuranca $oilhrs Ofttcss lnc,, x,ith rta permlreion. GECG 970 (0rrrr) 6171267 75/76 GL/Au/vMB/wc I Annerre Romero I 8/2s/2075 2:20;22 pM (pDT) I page 3 of 10 Page 2 of4 Itern L is replaced with: 8. Transler of Rlghts Of Recovery Agalnst Others Ts Us a. !f the insured has rights to racover all or part of eny paymoni we hava made under this Coverago Part. those righte are transfened to us. The insured must do nothing after loss to lmpair thsm" At our requast, he in.sured will bring suit or transfer thosa rights ts us and help us enforcc them. b. lf requlred by a written "insured contract", we walvs any rlght of recovery ws may have agalnst any psrson or organization because rf payments we maka for iniury or damage ari$ln$ out of your ongoing operations or "your work" don6 under that written "insured cantract" for lhat psrson or arganizatlon and included in lhe "products-complated operations hazErd". Item 10. and ltem 11. ara added: I 0. Cancellation Condltion lf we cancel this policy for any raason other than nonpayment ol pramium we will mail or deliver written notisa of cancellation to the ftrst Named lnsured at least 60 days prior to the effective date of cancellation. 11. Liberalizatlcn lf we adopt a ehange in our forms or rules which would braeden your csverage without an €xlra charga, the broader coveftrge will apply to this pollcy. This extension is efisctive upon the approval of such broader covsrage ln your state. SECTION v - DEFllillTlOtlS The followlng definitions ers added or changed: 9. "lnsured ccntraet" a. ls changed to: a. A contract for a lease of premises. Howevar, that po$on of the contract for a leasa of premises that indernnifies sny parson or organization for damage by fire, explosion or sprlnkler leakage to premises r,vhile rented to you. or temporarily occupied by you with parmission of the owner, or managed by you under a written agreemant with the owner is not an "lnsured contract". 23. and 24. are adcled: 23. "Location" means premises lnvolving the sarne ar connecling lots, or premis€$ whose conngclion is interrupted only by a street. roadway, ''rratarway or right-of-way of a railroad. 24. "Froduet r*call notificetion axpenses* means ths reasonalla additional expanses (includlng. but not limitad to. coet of conespondanca, newspapar and magazina advertising. radio or tslovlrlon announcemsnts and tran*portatlon cost), neceaserily incungd in arranging for the refurn of producls, but excluding costs of the replaeement products and tha cash valua of ihe damaged products. The follswlng Provielons are sleo added to thls Coverage Parl: A. ABOITIOftAL INSUREDS. BY COHTRACT, AGREEIIENT OR FERMIT 1. Paragraph 2. under SECTION ll - WHO lS AU INSI RED b amanded to indude as an insured any person or organization when you and such person or organhation hava agreed In writing in a contracl, agr6em6nt or permit that Euch person or organization be added as an addltional insured En your poliry to provide insurance sLteh as is afforded under this Cuv*ragr Part. Such por$on cr organlzatlon iE not entitt*d to any notices that we are required to send to the Named lnsured and is an addltlonal insured only with respeet to ltabill$ arising out of: a. Your ongolng operatlons performed for that psrson ar organization; or b. Premises or facilities owned or used by you. With respact to provision 1.a. *bove, a person's or organlzatlon's status as an ingured under lhin endorsemsnt ends when your operations for that pirscn or organization ara completad. With respect tc provision 1.b. above, a person'B or organizalisn's status as an lnsured undsr thls endorsemenl ends whan their contract or agr€smsnl with you for such premisas or facilitiss ends. lneludes copyrlghted material ol lnsurance $sn icBs Olflcag lnc.. $ilh its parmisrion. GECG 970 ($1n{} 6111261 I 15/16 GL/AU/IJMBIWC I Annelte Romero I e/25/2o15 2:2o;22 PM (PDT) | Page 4 of 10 Page 3 of{ 2, This endorsement provision A. does not apply: a. Unlase ths written contracl or agreernant has baen €xecutad, or psrmit has bsen issued, prlor to the brdily injury', "Broporty damage" or'personal and advertising injury"; b. To 'bodily injury" or'property damags'occunlng aft*r: t} All worlt, lnsluding matoriah, parf$ or equipment fumishad in connection with such wark, in the proiect {othar than service, maintsnence or repalrs) to be performed by or on behalf of the additisnal insured(s) al the site of the covered operations hes been completod; or 2} That portion of "your work' out of which the inlury or damage arises has been put to lts intended use by any percon or organization othsr than another contraclor or subcontractor engagad ln performing operations for a prlncipal as a part of the same proJ*ct; c. To ths rendaring of or failure to render any profussional seruices including, bul not limited to, any profaerional architsctural, englnesring or surveying s*rvlces such a$: l} Tha preparing, approvlng, or failing to praparo or approve. maps. shop drawings, opinlons, reporls" surv*ys, fisld ordErs, change ordars or drawings and epeci8cationg; and upsrvisory, inspection, architsctural or enginearlng aclivilies: d. To "bodily injury", "property damago" cr "per*onal and advs*ising injury' arising aut of any act, snor or omission thal r*sults from tha additional lnsursd's sole negligence or wr$ngdoing; s. To any per$on or organization spacifically dasignatad an addltlonel Insured for ongolng aperatlons by a separate A9DITIONAL INSURED * OWNER$, LES$EES OR CONTRACTORS *ndoraernant issued by us and made a part of this policy B. PFI{iiIARY NON.SONTSIAUTORY ADOITIOI{AL IilSURED SXTEHSIOfi Condltion 4" Other lnsurance of SECTION lV - COIIiMERCIAL GENERAL LIABILITY COilOlTlOt{S }s amanded as follows: a. The following is added to paragraph a. Prlmary lnsuranca; lf an addilional insured"e pnlioy has an Otlrer lnsurance provision making its policy oxcass, and you have agread in a wdtten "coastruction conlract* to provida the addltlonal insured coverage on a primary and noncanlribulory ba$is, lhis policy shall be prlmary and rtle will not saak eontfbution from ths addlttonal insurod's polioy for dannages wB covcr, For ths purposes of ihis endorsement, "construction contragt" means a wdtten contract or written agrsernant other thsn a pramises leass, facilities rontal conlraci or agreemeilt, an aquipmant rental or leese agresmsnt, or a pernit issued by a state, county, municipality or other governmental authority. b. The followlng ls added to paragraph b. Excess lnsuranca: 3) Except as specified in paragraph a., abova, any other insurance in which a party who is an additional insured heraunder is designatod as a ldamed lnsur*d. Regardless of the lerms of any writlen agreement betweon you and an additional insurEd. this insurance is sxcsss over any cther insurance whether primary, excess, contlngant or on any othar basis for which the addlllonalinsurs$ has besn added as an addltlonalinsured. lncludsfi copyrl$htsd rnalqrisl o{ lnsuranc,E $t;vlco* Ofllcoe l**.. wilh lls perrrl$$lon. GECG S?0 (011111 6111261 I 15116 GI./AU/UMB/WC i Annette Romero I A/25/2Oa5 2t2Ot22 PVi IPD'[) Page 5 of 10 Page { of4 8AA1656433437 COMMERCIAL AUTO GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION II. LIABILITY COVERAGE A. COVERAGE 1. WHO IS AN INSURED The following is added: d. Any organization, other than a partnership or joint venture, over which you maintain ownership or a malority interest on the effective date of this Coverage Form, if there is no similar insurance available to that organization. e. Any organization you newly acquire or form other than a partnership or joint venture, and over which you maintain ownership of a majority interest. However, coverage under this provision does not apply: 1) lf there is similar insurance or a self-insured retention plan available to that organization; or 2) To "bodily injury'' or "property damage" that occuned before you acquired or formed the organization. f. Any volunteer or employee of yours wtrile using a covered "auto" you do not own, hire orborrowinyourbusinessoryourpersonalatfairs. lnsurance provided by this endorsement is excess over any other insurance available to any volunteer or employee. g. Any person, organization, trustee, estate or governmental entity with respect to the operation, maintenance or use of a covered "auto" by an insured, if: 1) You are obligated to add that person, organization, trustee, estate or governmental entity as an additional insured to this policy by: a) an expressed provision of an "insured confact", or written agreement; or b) an expressed condition of a written permit issued to you by a governmental or public authority. 2) The "bodity injury" or "property damage" is caused by an "accident" which takes place after: a) You executed the "insured contract" or written agreement; or b) the permit has been issued to you. GECA 701 (01/07) Includcs copyrighrcd nratrrial offnsurancu Ssrvicos Oflicus, Inc. rrith itr pcrnrission Pagc | 1f 4 6111:61 15/16 GLlAU//uMB/riC ] Annette Romero I A/25/20L5 2t2O:22 pt4 (pDT) I page 6 of 10 2. COVERAGE EXTENSIONS a. SupplementaryPayments. Subparagraphs (2) and (4) are amended as follows: 2) Up to $2500 for 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 "lnsured" at our request, including actual loss of earning up to $500 a day because of time off from work. SECTION III. PHYSICAL DAMAGE COVERAGE A. COVERAGE The following is added: 5. Hired Auto Physical Damage a. Any "auto" you lease, hire, rent or borrow from someone other than your employees or partners or members of their household is a covered "auto" for each of your physical damage coverages. b. The most we will pay for "loss" in any one "accident" is the smallest of: 1) $s0,000 2) The actual cash value of the damaged or stolen property as of tlre time of the "ioss"; or 3) The cost of repairing or replacing the damaged or stolen property with other property of tike kind and quality. lf you are liable for the "accident", we will also pay up to $500 per *accident" for the actual loss of use to the owner of the covered "auto". c. Our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by an amount that is equal to the amount of the largest deductible shown for any owned nauto" for that coverage. However, any Gomprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. d. For this coverage, the insurance provided is primary for any covered "auto" you hire without a driver and excess over any other collectible insurance for any mvered "auto" that you hire with a driver. 6. Rental Reimbursement Coverage We will pay up to $75 per day for up to 30 days, for rental reimbursement expenses incurred by you for the rental of an "auto" because of 1oss" to a covered natrto". Rental Reimbursement willbebasedontherenta! of a comparable vehide, which irr nrany cases may be substantially less than $75perday, and will only be allowed for a period of time it should take to repair or replace thevehidewithreasonablespeedandsimilarquality, up to a maximum of 30 days. We will also pay up to9500forreasonableandnecessaryexpensesincurredbyyoutoremoveandreplaceyourmaterialsand equipment from the covered "auto". GF,CA 701 (01ruD Includcs copyrightcd matoriel of Insurancc Scn'iccs Officcs, Inu with its pcrrnission Pagc ? of { 6111261 i 75/15 cL/AU/tx4B/wc Annerre Romero I B/2s/2ots 2t20.22 pM {pDT) | page 7 of 10 lf "lcss" results from tlre total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amounl of your rental reimbursemenl expenses which is not already provided under paragraph 4. Coverage Extension. 7. Lease Gap Coverage lf a long-term leased "auto" is a covered "auto' and the lessor is named as an Additional lnsured - Lessor, ln the event of a total loss, we will pay your additional legal obligation to the lessor for any difference between the actual cash value of the "auto" at the time of the loss and the 'outstanding balance" of the lease. Outstanding balance" means the amount you owe on the lease at the time of loss less any amounts representing taxes, overdue payments; penahies, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; and lease terminalion fees. B. EXCLUSIONS The following is added to Paragraph 3 The exclusion for "loss" caused by or resulting from mechanical or electrica! breakdown does not apply to the accidental discharge of an airbag. Paragraph 4 is replaced with the following: 4. We will not pay for "loss" to any of the following: a. Tapes, records, disks or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. b. Equipment designed or used for the detection or location of radar. c. Any electronic equipment that receives or transmits audio, visual or data signals. Exclusion 4.c does not apply to: 1) Electronic equipment that receives or transrnits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto"; or 2) Any other electronic equipment that is: a) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's"operating system; or b) An integral part of the same unit housing any sound reproducing equipment described in (1) above and permanently itrstalled in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. D. DEDUCTIBLE The following is added: No deductible applies to glass damage il the glass is repaired rather than replaced. GEC^ 70r (0r/0?)Includus cupyrightcd rnatcriel of Insurencc Scn'iccs Officrs, fnc. with its pcr:nission 51r.r.251 I 15/16 cLlAU,/tMB/wC I Annette Romero I 8/25/20t5 2t2O:22 iln (pDT) I page 8 of 10 Pagc 3 uf 4 SECTION IV. BUSINESS AUTO CONDITIONS A. LOSS CONDITIONS Item 2.a. and b. are replaced with: 2. Duties ln The Event of Accident, Claim, Suit, or Loss a. You must prompdy notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the accident, daim, suit", or loss. Knowledge of an accident, claim, nsrJit", or loss, by other employee(s) does not imply you also have such knowledge. b. To the extent possible, nolice to us should include: 1) How, when and where the accident or loss took place; 2) The names and addresses of any injured persons and witnesses; and 3) The nature and location of any injury or damage arising out of the accident or loss. The following is added to 5. We waive any right of recovery we may have against any additional insured under Coverage A- 1. Who ls An lnsured 9., but only as respects loss arising out of the operation, maintenance or use of a covered "auton pursiJant to the provisions of the 'insured cohtract", uiritten agreement, or permit. B. GENERAL CONDITIONS f. is added 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Your unintentional failure to disdose any hazards existing at the effective date of your policy will not prejudice the coverage afforded. However, we have the right to collect additional premium for any such hazard. COMMON POLICY CONDITIONS 2.b. is replaced by the following: b. 50 days before the effective date of cancellation if we cancel for any other reason. GF.CA 701 (01ru7) Inr:ludus copyrightcd maturirl of Insurencc Scn'iccs Officrs, fnc wath its psrmission Pagr 4 of 4 6111251 i 15116 GLlAU/wB/wC I Annet.te Romero i a/2s/2ot5 2:2ot22 pM (pDT) | page 9 of 10 ENDORSEMENT AGREEMENT WAIVER OF ST'BROGATIONffi HOME OFFICE; arv'inarrrciSco EFTECTM I{ARCH 29, 2015 AT 12 . 01 A.M. AND EXPTRTNG MARCH 29, 2Ot6 AT 12.01 A.M. LL EFFECTIVE DATES ARE tT '12:01 AM PACIFIC iTANDABD TIME OB THE lME INDICATED AT ACIFIC STANDARD TIME J & S STRIPING, INC 1544 S VINEYARD AVE oNTARTO, CA 91761 PEP C2 9050628-15 PENEWAI, SP 5-84-90-53PAGE1OE WE HAVE THE R] GTIT TO RECOVER OUR PAYI'IENTS FROM ANYONE LIABLE FOR AN INJURY COVERED EY THIS POLICY. WE ViILL NOT ENFORCE OUR RIGTIT AGAINST TTIE PERSON OR OR,GANIZATION NAI,{ED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFOE]"I WORK UNDER A WRITTEN CONTRACT TTIAT REQUIRES YOU TO OETAIN THIS AGREE}.,IENT FROM US. THE ADDITIONAL PREMIW FOR THIS ENDORSE},IENT STIALL BE 2.OOZ OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION JOE DESCRIPTION ANY PERSON OR ORGANIZATION ELANKET 'dIAIVER OF FOR VII{OM THE NAMED INSURED SUBROGATION rIAS AGREED BY WRITIEN CONIRACT TO FURNI SH THIS VIAIVER NOTHING IN THIS ENOORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTENO ANY OF THE TERMS. CONDITIONS, AGBEEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTIIING ELSEWHERE IN THIS POLICY SHALL BE I{ELD TO VABY, ALTER, WAIVE OR LIMIT THT TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO:,, ,oruL,"-,* zrcr/a; T.4ARCH STATE COMPE NSAIION FUND PUBLIC WORKS ROUTING Once the attached documents have been reviewed, please sign and return to Public Works, at exl. 241 Reviewing Department Signature Date 08t26t15 Public Works Review City Attorney Gity Manager City CIerk NAME OF VENDOR: SUPPORT DOCUMENTS: lnsurance(s) Proposal: Bonds: COMMENTS: J & S Striping Gompany, !nc. Yes Yes 8.aa' RECEIVED AUG 2 6 2015 GITY CLERK'S OFFICE 43'{ N/A