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HomeMy WebLinkAboutC29700 - 2010 Citywide Striping Pgrm 564-10 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AWARD CONTRACT NO. C29700 FOR THE 2010 CITYWIDE STRIPING PROGRAM (PROJECT NO. 564-10) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: J P Striping, Inc. 650 East First Street Beaumont, California 92223 DATE: June 24, 2010 CONTENTS: Agreement Performance Bond Payment Bond 2010 Street Segment List Appendix B Recommendation By Minute Motion: 1. Award Contract No. C29700 to J P Striping, Inc., of Beaumont, California, for the 2010 Citywide Restriping Program (Project 564-10) in the amount of$84,220.00; and 2. Authorize the Finance Director to set aside a 10% contingency in the amount of $8,422.00. Funds are available in General Fund Account No. 110-4315-433-3320, Striping and Legends Account. Backqround On May 13, 2010, staff advertized a Notice Inviting Bid for the 2010 Citywide Striping Program. This is a yearly maintenance program that repaints lane striping within the City. On June 3, 2010, bids were opened and the results are as follows: J P Striping, Inc. Beaumont, California $ 84,220.00 Chrisp Company Fremont, California $107,000.00 Staff Report Award Contract No. C29700 Citywide Striping Program (564-10) June 24, 2010 Page 2 of 2 Therefore staff recommends that City Council award Contract No. 29700 for the 2010 Citywide Restriping Program to J P Striping, Inc., of Beaumont, California, in the amount of$84,220.00 and set aside a 10% contingency in the amount of$8,422.00. Fiscal Analvsis There is no fiscal impact associated with this action beyond the contract and contingency amount. Prepared By: Departm t e d: __--� ; M S. Diercks, P.E. Mark Gree ood, P.E., Transportation Engineer Director of ublic Works ���� CITY COUNCIL A ON Paul S. Gibson, Director of Finance APPROVED � DirNTED RECEIVED OTHER A�pr val: MEET G DA � l AYES � ' ��'� ��� `` ' � �� � � C�� NOES: � ABSENT: oh M. Wohlmuth, City Manager ABSTAIN: ' � _ � VERIFIED BY: Original on File with City rk's O�ce Contract No. C29700 AGREEMENT THIS AGREEMENT is made and entered into this 24th day of June, 2010, by and between City of Palm Desert, California, hereafter called "CITY" and J P Stripinq, Inc., hereinafter called "CONTRACTOR". WITNESSETH RECITALS: CONTRACTOR has submitted to CITY its Contractor's Proposal for the construction of CITY Project, 1. 2010 Citywide Striping Program, PROJECT NO. 564-10, CONTRACT NO. C29700, in strict accordance with the Contract Documents identified below, CITY has accepted said Proposal. 2. CONTRACTOR states that it has re-examined its CONTRACTOR'S Proposal and found it to be correct, has ascertained that its Subcontractors are properly licensed and possess the requisite skill and forces, has examined the site and Contract in accordance with the Contract Documents for the money set forth in its Proposal to be paid as provided in the Contract Documents. AGREEMENT: IT IS AGREED BY THE PARTIES AS FOLLOWS: 1. Contract Documents: The entire contract consists of the following: (a) The Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The Contractor's Proposal; (e) The Bidder's Bond; (f) The Performance Bond; (g) The Payment Bond; (h) The General Specifications; (i) The Special Provisions; (j) The Standard Specifications as modified in other portions of the Contract Documents; (k) The Plans; (I) Addenda Nos. 1; (m) The Determination of Prevailing Wage Rates for Public Work; (n) Any Change Orders issued; (o) Any additional or supplemental specifications, notices, instructions and drawings issued in accordance with the provisions of the Contract Documents. All of said Documents presently in existence are by this reference incorporated herein as if here set forth in full and upon the proper issuance of their documents they shall likewise be deemed incorporated. 2. Contractor shall commence the work within ten calendar days after the date of the Notice to Proceed and will do all things necessary to construct the work generally described in Recital No. 1 in accordance with the Contract Documents and will complete said work within 30 Calendar Days from the Notice to Proceed date to the satisfaction of the Engineer. Contract No. C29700 3. Contractor agrees to indemnify, defend and save CITY and its officers, agents and employees, and the Engineer harmless from: a. Any and all liability, claims, damages, losses or injuries to any person or other entity, including injury to Contractor's employees, and all claims which arise from or are connected with the negligent performance of or failure to perform the work or other obligations of this Agreement, or which are caused or which are claimed to be caused by the negligent or intentional acts or omissions of Contractor, its subcontractors, its agents or employees, and, all expenses of investigating and defending against same, b. Any and all liability, claims, damages, losses or injuries to any and all contractors, subcontractors, material-men, laborers, or any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of the Agreement. c. Attention is directed to the General Specifications - Claims, Liability, and Indemnity AgreemenUHold Harmless sections, which specifications are made part of this Agreement as set forth in Agreement paragraph 1, above. d. Attention is directed to Section 6-9, "Liquidated Damages" of the Standard Specifications and is hereby amended to substitute the "City of Palm Desert" in place of "Agency." Liquidated damages shall be $500.00 dollars per calendar day of delay. 4. Should any litigation or arbitration be commenced between the parties concerning the works of improvements as referenced herein, the prevailing party in any such litigation, being the CITY or the Contractor, should be entitled to a reasonable sum for attorney's fees incurred in any such litigation relating to this Contract. 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6. Contractor shall be paid in the manner set forth in the Contract Documents the amount of its Proposal as accepted by CITY, subject to such additions and deductions as may be made pursuant to the Contact Documents and applicable law. Satisfactory Performance: The prime Contractor agrees to pay each Subcontractor under this prime contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the prime Contractor receives from City of Palm Desert. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Palm Desert. Contract No. C29700 Release of Retention: The prime Contractor agrees further to release retention payments to each Subcontractor within 30 days after the Subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Palm Desert. 7. Execution of the Agreement by the parties constitutes their agreement to abide by all applicable provisions of the California Labor Code; constitutes contractor's certification that he is aware of the provisions of said Code and will comply with them; and further constitutes Contractor's certification as follows: "I am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement which shall be deemed an original on the date first above written. CONTRACTOR: BY: ATTEST BY: Signature to be notarized TITLE: TITLE: CITY: BY: ATTEST BY: Signature to be notarized TITLE: Mayor of Palm Desert, California TITLE: City Clerk of Palm Desert, CA APPROVED AS TO CONTENT: APPROVED AS TO FORM: MARK GREENWOOD, P.E. DAVID J. ERWIN DIRECTOR OF PUBLIC WORKS CITY ATTORNEY Contract No. C29700 State of California ) ) County of ) On before me, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 760-341-7098 01:52:08 p.m. 05-26-2010 4/6 C- CONTRACTOR'S PRCIPOSAL 2040 CITYWtDE STRIPtNG PROGRAM PROJECT NO. 564-10 CONTRACT NO. C29700 TO: CfTY OF PALM DESERT, "CI1Y" � DATE: YYl G v a 7, �O�D BIDDER: .T�P �5 ; � 'hG � � C , "CONTRACT�R" The UNDERSIGNED, "CONTRACTOR", having carefully examined the s(te and the Cantfact Documents for the construction of, 2010 CITYWIDE STRIPlNG PROGRAM, PROJECT NO. 56410, CONTRACT NO. C29700; hereby praposes to construct the work in accordance with the Contract Documents, including Addenda No(s).�for the amount stated in this Proposal. By submitfing thls Proposal, CONTRACTOR agrees with CITY; 1. That unless withdrawn in person by CONTRACTOR or some person authorized in writing by CONTRACTOR— nat by telephone or teleg�am —before the time speci�ed in the Notice Invitfig Bids for the public opening of bids, this Proposai constitutes an irrevocable offerfor 60 calendar days after that date. 2. The C1TY has the right to reject any or all Proposals and to waive any Irregufarities or informafitles contained in a Proposal. 3. That the contract shall be awarded onfy by the governing body of CtTY. Said contract shall only be deerned awatded after the CONTRACTOR'S compfete submissfon of all contract documents, bonds, insurance documentation; and the C1TY shall obtain all . necessary sigrtatures of the goveming body, at which#ime the contract shaU be deemed awarded. 4. To submit to CITY such InformaUon as CITY may require to determine fhe Bidder's financial standl�g experience and to perform the wa�k. 5. That the aecompanying certified or cashie�'s check or Bid Bond constltutes a guarantes thaf if awarded the contract, CONTRACTOR will execute the Agreement and deliver the required bonds and certificates of fnsurance within 10 days after notice of award. If CONTRACTOR fails to execute and deliver said documents, the check or bond is to be charged with the costs of the resultant damages to CITY, including but not limited to publica#ion costs, the difference fn money between the amount bid and the amaunt in excess of the bld which costs CITY to do or cause to be done the work involved, lesse and rental costs, additiona! salaries and overhead, increased interest and costs of funding the proJect, attorney expense, addffiona! engineering and architectural expense and cost of maintaining or constn�ction altemate facilities occasioned by the failure to execute and deliver said documents. C-1-1 ' t760 '1-7098 01:52:38 p.m. 05-26-2010 5/6 It is understood that the quantities shown hereon, except for those quantitiss marked "Lump Sum", are estimates and the flnal payment will be based upon the actuai work perFormed, subject to such adJustment and alterations as elsewhere provided herein. .�;.,:�. �,- �.. � � , �.� r ��� „ �-�. � � -' -�.-�.�'., h,.: _�.�-, �: . <: ,� � ., ' � REPAINT EXISTiNG TRAFFIC � $ $ � 1 LINES ON ALL STREETS AS LS 1 DESIGNATED IN APPENDIX "A" " 7s� a_ o, �1s a�, oa PAINT TUVO (2) COATS OF DETAlL $ � 40 LANE LINE EXTENSIQNS 2 THROUGH INTERSECTIONS LS 1 STRIPES AT THE LOCATIONS SPECIFfED IN APPENDIX"B" 5 48a.0° 5��S0. _ TOTAC B1D PRICE � $ �`{',a.2..� � � D The costs of any work shown or required in the Plans and Speciflcations, but not specifically identified as a Pay Item are included ln the related Pay ltem(s), and no additlonal compensation shall be due CONTRACTOR by virtue of CONTRACTOR'S compilance with the Plans and. Speciflcations. TOTAL AMOUNT BASE BID IN FIGURES $ � ��I"� a.o1,� . � TOTAL AMOUNT BASE BID IN WORDS = l F'v � �,, ,� T �1�� A72S A-�T . fN WITNESS WHEREO� C�NTRACTOR execute��this proposal as of date set forth on Page G1-1: �, By: � __ . � ,Signature � - Titls:�Y CONTRACTOR Sfate of California ) ) County of ) Subscribed and swom to(or affirmed)before me on this day of (month}, (Year), by , proved to me on#he basis of satisfactory evidence to be the pe�son{s) who appeared before rne. Signafu�e of Notary (Sea!of Notary C-1-2 S e � ��--�-�i-c�C �� r � CALIFORNIA JURAT WITH AFFIANT STATEMENT � L�"See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) � � i „ _ . _ . . _ _ _ i ,� �, _ _ _ _ . _ _ _ ._ . _ __ . _ _ i ,_; Signature of Document Signer No.1 Signature of Document Signer No.2(if any) State of California Subscribed and sworn to (or affirmed) before me County of ��VCrSiC�.e.. on this �_ day of � �! � , 20 lO , � Date Month Year by (i) .�'U� �G Y h-C- , � Name of Signer I proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) fr,j� TRACY R. BOWDEN (and Commlaslon # 1707048 �2� _ .`r Notary PubllC -CaUtornia � rvame of signer � � San Bernardino County � Comm.� i,esnb„23,2p�p proved to me on the basis of satisfactory evidence � to be the person who appeared before me.) ) Signatu Place Notary Seal Above Signature of Notary Public 1 OPT/ONAL . . Though the information below is not required by law, it may prove va/u- Top of thumb here Top of thumb here � ab/e to persons re/ying on the document and cou/d prevent fraudu/ent � removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document: I Document Date: Number of Pages: Signer(s) Other Than Named Above: I I OO 2009 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item H5910 , �w► D — INFORMATION REQUIRED OF BIDDER The bidder is required to supply the foliowing information. Additional sheets may be attached if necessary. (1) Address �� {-Lt S�- .�;�f S�- 5� �j �r�w►C.��, ('G �i�a�.3 (2) Tetephone No. �,51- ��-I S -�7�I � (3) Type of Firm (Individual, Partnership or Corparation} ('��r��nYC�-; 0,�,� (4) Corporation organized under the laws of the State of �� (j.�0 rn��q,_ (5) Contractor's License No."j y(aa L L� Exp. Date 1/- 3 D -/Q Contractor he�eby swears under penalty of perjury that this information provided is true and correct. B ' `' / Y� '" Title: �r E S i C��� Signatur� �° Contractor � (6) List the`' ames and addresses of all owners of the firm or names and titles of all officers af the c rporation: �-��� ,�►�����I +�� , �1'�G � (7) Number of years' experience as a Contractor in construction work /$ (8) List at least three similar projects completed recently: Contract Amount Class of Work Date Completed Name, Address & Tele hone No. of Owner 1. Ci�-y o�' -Palv►n �tstv� �3�5 OC�v , � _ 2 ao� 73-Sro ��rca w�.�►� -p�-. � Sky; p�� c��� o� pa r►M v�.�.-t, �'q �'2zGc� 2' Ct1-y O-C �2tdtau��S �(o, �OQ ( t � _ Z�� � 35 Cajon st. �td(anaf S, C'a 4�373 3. �".i O�C �ucc� v4ft�I I 13, 00� l � _ aG 570 9 0 7wc��►yr�jn c ►�G��s' � Z U 1 yuc ca vac�y eq q2Z g Y Page D-1 . � (9) List the names and addresses of each Subcontractor who will perForm work in or about the work improvement, and indicate what portion of the work will be done by each Subcontractor: Subcontractor's Name: / License Number: Address: Telephone: Work to be performe�: Subcontractor's Name: License Number: Address: Telephone: Work to be performed: Subcontractor's Name: License Number: Address Telephone: Work to be performed: (10) List the name of the person who inspected the site of the proposed work for your firm �jn�Q a vv� (11) A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the City. Page D-2 E - NON-COLLUSION AFFIDAVIT To be Executed by Bidder and Submitted with Bid STATE OF CALIFORNIA ) ) SS COUNTY OF _12;v�rSi CL ) �O .P �G Vh G , bein first duly sworn, deposes and says that he%h�is"�r�s�cl�r►�- of �-Y� ` n I�L , the party making the foregoing bid; that the bid is not made in the int rest of, or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or canference with anyane to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the pubic body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirect(y, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. ��' �1 �',,,, By: ��� Signature � ',, Title: CONT CTO State of California County of Q;��r�i��, Subscribed and swom to (or affirmed), before me this�_day of ��v (month), 2010 (year), by Sn�c.l �a;rn t� , proved to me on the basis of satisfactoty evidence to be the person who appeared before me. Signature of Notary: Notary Public in and for said County and State (seal of notary) Page E-1 S C � ,►�--I--�-�c�h �cI a . CALIFORNIA JURAT WITH AFFIANT STATEMENT I�"See Attached Document (Notary to cross out lines 1-6 below) � ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) � :s �' __ _ _ _ . _ _ � �`� ,7 Signature of Document Signer No.1 Signature of Document Signer No.2(if any) � State of California Subscribed and sworn to (or affirmed) before me County of �i V�I�S i C�� on this � day of , 20 I O , Date Mo th Year by (1) SOC.O �C'iYYI C, , Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (.),.(%� , TRACV R. 80WDEN � (and Commis:ion #� 1707WS � � Nofcry Publlc -Colifornia � �2) , San Bernardlno Counfy Name ot Signer �� ���10 proved to me on the basis of satisfactory evidence to be the person who appeared before me.) � Signature � Place Notary Seal Above ignature of Notary Public OPT/ONAL . . Though the information be/ow is not required by/aw, it may piove v8/u- Top of thumb here Top of thumb nere ab/e to persons re/ying on the document and cou/d prevent fraudu/ent removal and reattachment of this form to another document. � Further Description of Any Attached Document i Title or Type of Document: I Document Date: Number of Pages: � Signer(s) Other Than Named Above: I OO 2009 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) �tem ft5910 � _ � :�� �--��c��� ��s �G��. . � �� �� �. �� F - BIDDER'S BOND To Accompany Proposai KNOW ALL MEN BY THESE PRESENTS, That we, as principal, and as surety, are held and firmly bound unto the City of Palm Desert in the sum of$ (10% of bid) to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDfTION QF THIS OBL{GATION !S SUCH, that if the certain proposal of the abave bounden principal to perfarm certain wark described as follows: The general items of work to be dane hereunder consist of removals of existing striping; fog seal; and installation of striping, pavement markings and pavement markers; and providing of temporary traffic control as required during construction of the improvements and all appurtenant work as required by the specifications and appendices, and dated is accepted by the City of Palm Desert, and if the abave bounden principal shall duly enter into and execute a contract for such construction, and shall execute and detiver the Pertormance Bond and Payment Bond and insurance certificates as required by said contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Should it become necessary for the City to institute a lawsuit, or any other legal proceeding to enforce the terms and conditians of this bond, then all costs of said proceeding, including attorney's fees, shall be awarded to the prevailing party. �Remainder of this page has intentionally been left blank. Signature blocks are contained on fhe ne�page] Page F-1 IN WITNESS WHEREOF, We hereunto set our Hands and Seals this day of 20 , Contractor's Name: Contractor's Signature: Title: Address: Telephone: - Surety's Name: Surety's Signature: Title: Address: Telephone: Page F-2 o M o J o N O 'I� N � � N d C n `n O O � Q O� o � � � � o O N p N o O � o v N N N a' � = C9 � N �� � � �* N N W W � o N > & 1- o d. o ? � � d� o Z Q � � �p " Z o0 c pp o 0 � o � � O M � uWi V � � ° 2 O "� � > . a �x � � * � * � * 0 0 � � � � cfl c� � �n . *k * *k � �n U .� °Z o U .� ,1 QaZ W � �gZwo W � � O � cnwo�m O � U �Z�aZ V � U �<g�< �+ Y � 0 ui � o ��w>Z � V a C W �- � w�Z�W O W V O � ��oa� V V V' c c� O m J � � � ��°O� N ' J * � i � a � a m �oZo� � �' a * a � =' � � Z � LL>o�W s � �- c� - � o WOQQ� � � z � s a LL � a_' o ��WW� � � ' ��'�'i. � a' o 0 O W � 3 �WZ�� a. O W � � o 1— , ao<wo � � � oo�Z� 0 � �� O � w wZw�Z a� � W C '� Q � � °�ZWW Q � � 'r ^ � Z(nQ�LL ^ � �= LL � � LL � � � � � � � � ■ pv a pv � _ � � � � � � � � � � � o � 0 o s = UN � � = UN � � o W o W � � o = a o � � o � � � �- �n Z � `�- ti Z = a '� YN U a " YN �' U 1. Z M } Z M � 2� 11 � Z <a'. � LL r► 2 Q y� � m �m� � � Q � v � � � ry � a`o � � aw�oM N o � y aW o�M rf� � o � o � � c v �M o W � ��a Q a f � W � ���4 v � 6ao � � Q V Hrniy� � � Q (�F-rnu,- - J (n Q J � U O � «S}UJ¢ o O � °if>U JQ � W � OwpwU ti; � W � �wOwU � � 2 ,�sw �pv_��w 1, # S �aw [COm�w QO ~ vJ {Qi,�2¢� � � � ~ v, LLU` ZQ� ^ Q m � � "' Z Jd m ¢ — � tAZQ�Ci o � . .c s m ~ � _J O�N Z o � � � W J��m Z � � � � } �x ��zi� � �, � * ��z>� a'do d � 'Scvia� � o d * �vuQia� PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to J P Stripina, Inc. hereinafter designated as the "Principal", a contract for: 2010 Citywide Striping Program PROJECT NO. 564-10 CONTRACT NO. C29700 WHEREAS, said Principal is required under the terms of said contract to furnish a good and sufficient bond for the performance of said contract: NOW THEREFORE, WE, the Principal, and as Surety, are held and firmly bound unto the City of Palm Desert hereinafter called the City, in the penal sum of Eiqhtv Four Thousand. Two Hundred Twentv Dollars ($84,220.00), being 100% of the contract amount in lawful money of the United States of America for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded Principal, his executors, heirs, administrators, and successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants and agreements in the said contract and any alterations thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or the specifications. Should it become necessary for the City to institute a lawsuit or any other legal proceeding to enforce the terms and conditions of this bond, then all costs of said proceeding, including attorneys' fees, shall be awarded to the prevailing party. IN WITNESS WHEREOF, identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on this day of , 20 . SURETY PRINCIPAL BY: BY: INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER State of California ) } County of ) On before me, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Paim Desert (sometimes referred to hereinafter as "Obligee") has awarded to J P Striping, Inc. (hereinafter designated as the "CONTRACTOR"), an agreement dated June 24, 2010 described as follows: 2010 Citywide Striping Program, PROJECT NO. 564-10, CONTRACT NO. C29700, (hereinafter referred to as the "Contract"); and WHEREAS, said CONTRACTOR is required to furnish a bond in connection with said Contract, and pursuant to Section 3247 of the California Civil Code; NOW, THEREFQRE, we, J P Stripin_ ,q Inc. , the undersigned CONTRACTOR, as Principal, and a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws af the State of California, as Surety, are held and firmly bound unto the City of Palm Desert and to any and afl persons, companies or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of Eiqhtv-Four Thousand, Two Hundred Twentv Dollars ($84,220.00), said sum being not less than one hundred percent (100%) of the total amount payable by the said Obligee under the terms of the said Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said CONTRACTOR, his or its heirs, executors, administrators, successors or assigns, or Subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery or power used in, upon, for or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said CONTRACTOR and his or its Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board or Internal Revenue Service from the wages of employees of the CONTRACTOR or his or its Subcontractors, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The Surety, for value received, hereby stipulates and agrees that no change, e�ension of time, alteration or addition to the terms of the said Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Specifications. No final settlement between the Obligee and the CONTRACTOR hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. CONTRACTOR and Surety agree that if the Obligee is required to engage the services of an attorney in connection with the enforcement of the bond, each shall pay Obligee's reasonable attorney's fees incurred, with or without suit, in addition to the above sum. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 PRINCIPAUCONTRACTOR: SURETY: J P Striping, Inc. By: By: (Signature) (Signature of Attorney-in-Fact) (Typed Name and Title) (Typed Name of Attorney-in-Fact) The rate of premium on this bond is $ per thousand. The total amount of premium charged: $ (the above must be filled in by corporate surety). IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California lnsurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California lnsurance Code, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: (Name, Address and Telephone No. of Surety) (Name, Address and Telephone No. of agent or representative for service of process in California if different from above) Acknowledgment State of California ) ) County of ) On before me, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s} on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 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Two (2) coats of paint are required for the new Detail 40 Stripes. Striping layout will be performed by City forces. Intersection Lane Type&Number of Stripes Dual Left Through Cook St @ Frank Sinatra Dr 4 Cook St @ Gerald Ford Dr 4 Cook St Hovley Lane East 3 Country Club Dr @ Desert Springs/Desert Willow Dr 2 Country Club Dr Monterey Ave 3 Country Club Dr Liberty!Resorter Blvd 1 Fred Waring Dr Town Center Wy 1 Fred Waring Dr Monterey Ave 4 Fred Waring Dr San Pablo Ave 2 Fred Waring Dr Portola Ave 2 Fred Waring Dr @ Deep Canyon Rd 2 Hwy 111 Hwy 74/Monterey Ave 2 Hwy 111 @ EI Paseo/Cabrillo 1