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HomeMy WebLinkAboutMACADEE ELECTRICAL CONSTRUCTIONCity of Santa Ara Clerk of the Council AGREEMENT TERMINATION FORM -.--------•-- rj € _r,,OTgofficeUse Only y€ a € Please complete this form when the attached agreement and allaft amendments (if any) are no longer in effect. Return form to the Clerk of the Council Office (M-30). Call 647-6520 if you have any questions. The agreement with No. A - 7-Q(( " 2-ab was completed on (List all amendments. Use space below if needed.) 7 and final payment has been made. I Department: Wt1 Phone/Ext.: �� Signature: / Date; /Z/7f /l Revised 0&-23 70 A-2011-200 AGREEMENT FOR PROVISION OF ELECTRICAL CONTRACTING SERVICES THIS AGREEMENT, made and entered into this 241h day of August, 2011 by Macadee Electrical Construction, Inc., a California corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of street light repair and installation. B. Proposer represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall rewire the existing street light system and install new fixtures on the existing street light poles in the Oakmont — Fairmont neighborhood (hereinafter "Project"), as set forth in Exhibit A, attached hereto and incorporated by this reference. 2. COMPENSATION a. The City agrees to pay, and Contractor agrees to accept as total payment for its services, a fixed price of $22,239.00. The City has allocated an additional $8961.00 contingency amount, to be expended only at the written direction of the Executive Director of Public Works for additional services required due to unforeseen circumstances. The total sum to be expended under this Agreement shall not exceed $31,200.00 during the term of this Agreement. b. Payment to Contractor shall be made after completion and City acceptance of the Project. Contractor shall submit a detailed report of work performed and materials used in the Project. Within thirty (30) days after receipt of such report, City shall pay Contractor, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2012. However, contractor shall perform all work items required by this Agreement within a period of ten (10) weeks from Agreement commencement unless terminated earlier in accordance with Section 13. 4. OWNERSHIP OF REPORTS AND DOCUMENTS The originals of all maps, drawings, plans, graphs, letters, documents, reports and other products and data produced under this Agreement shall be delivered to, and become the property of City. Copies may be made for Contractor's records but shall not be furnished to others without written authorization from City. Such deliverables shall be deemed works made for hire and all rights in copyright therein shall be retained by City. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship or a joint venture relationship; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's Social Security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Workers Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for Workers Compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than One Million Dollars ($1,000,000.00) per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than One Million Dollars ($1,000,000.00) per claim. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: 2 (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of Insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expanded prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: 1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in Section 1 of this Agreement: and 2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all cost for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third parry challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, effects arising from this Agreement. City may make all reasonable decisions with respect to its representative in any legal proceeding. 8. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of nonuse and nondisclosure shall not apply to any information that 1) has been disclosed in publicly available sources; 2) is, through no fault of the Contractor, disclosed in a publicly available source; 3) is in rightful possession of the Contractor without an obligation of confidentially; 4) is required to be disclosed by operation of law; or 5) is independently developed by the Contractor without reference to information disclosed by the City. 3 9. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance if services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this section, to the following persons: To City: Clerk of the City Council City of Santa Ana P.O. Box 1988 M-30 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana P.O. Box 1988 M-21 Santa Ana, CA 92702 Fax: 714-647-5069 and: City Attorney City of Santa Ana P.O. Box 1988 M-29 Santa Ana, CA 92702 Fax: 714- 647-6515 To Contractor: Macadee Electrical Construction, Inc. 4755 Lanier Road Chino, CA 91710 Fax: 909-627-3772 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an El authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without prior written consent of the City, and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by the City personnel or by other Contractor retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive, and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, State and local laws and regulations. 15. JURISDICTION — VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of services hereunder and required by the laws and regulations of the United Sates, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. RESPONSIBILITY FOR DAMAGES The Contractor shall be responsible for all damages to persons and/or property that occur as a result of the fault or negligence of said Contractor or its subcontractors, agents, employees, or other persons acting on their behalf in connection with the performance of this Agreement. 18. FAILURE TO PERFORM SATISFACTORILY a. Contractor acknowledges and agrees that if the Contractor fails to perform the work as specified herein, the Director, 1) will pay only for the amount of service received as determined by the Director with an appropriate downward adjustment in contract price, or 2) may have such required work done by City forces or otherwise, and charge the cost thereof to the Contractor. Such adjustments will be the estimated cost for performance by City forces plus City overhead and will include overtime pay as required to complete work. b. If Contractor performs the work in such a manner that the amount of payment withheld due to substandard performance, nonperformance and/or forfeiture for non -completion per schedule totals five percent (5%) of the total contract price, the City shall notify the Contractor of such noncompliance. If the Contractor continues to perform the work in such a manner that the amount of payment withheld due to substandard performance, nonperformance and/or forfeiture for non -completion per schedule totals ten percent (10%) of the total contract price, this Agreement may be terminated at the City's option. In the event of termination for unsatisfactory performance, the original Contractor shall reimburse the City for damage accrued due to changing contractors. 19. SAFETY REQUIREMENTS All work performed under this contract shall be performed in such a manner as to provide required maximum safety to the public and where applicable, comply with all safety standards required by CAL - OSHA. The Director reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract. 20. HAZARDOUS CONDITIONS The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from its operations. Any hazardous condition noted by the Contractor, which is not a result of its operations, shall be immediately reported to the Public Works Agency. 21. ACCESS TO PRIVATE PROPERTY Prior to the commencement of any work that will restrict access to private property the Contractor shall notify each affected property owner or responsible person, informing him or her of the nature of and the approximate duration of the restriction. 0 22. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The Contractor shall be responsible for the protection of all improvements adjacent to the work, such as sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, wall, sidewalks, street paving, etc., located on either public or private property. If any improvements are damaged they shall be replaced in kind at the Contractor's expense. 23. TRAFFIC CONTROL The Contractor shall conduct all work in a manner that will insure continuous traffic flow on the street at all times. In situations where it is necessary to restrict traffic flow per WATCH, the Contractor will contact the Director for approval. 24. MISCELLANEOUS TRAFFIC DEVICES Contractor shall provide all traffic control and miscellaneous traffic devices as may be required for routine and/or extraordinary maintenance perform pursuant to this Agreement. Signs used for handling traffic during the course of this contract shall be in accordance with the WATCH published by Building News, Inc., and made a part of these special provisions. The method in which signs, barriers and other miscellaneous traffic devices are used during construction and/or repair shall be in accordance with the publication mentioned. A copy of said publication is on file in the Santa Ana Public Works Agency — Administration Division. All signs shall be illuminated or reflectorized when they are used during hours of darkness. All cones, pylons, barricades, or posts used in the diversion of traffic shall be provided with flashers, or other satisfactory illumination if in place during hours of darkness. 25. WORK BY CITY FORCES BECAUSE OF NONCONFORMANCE TO CONTRACT Should the Contractor fail to correct deficiencies or public nuisances that have been created because of its operation, then such deficiency or public nuisance will be considered to be of an emergency nature and cause the City to make corrective work. Such work will be done on a force account basis with an additional callout charge of Two Hundred Dollars ($200.00) for each callout. 26. APPRENTICESHIP STANDARDS Where required under law, Contractor shall assume full responsibility for compliance with apprenticeship standards as established by Section 1777.5 of the California State Labor Code. 27. SUBCONTRACTORS The successful proposer shall not, without the written consent of the City: a. Substitute any person or firm as subcontractor in place of the subcontractor designated in the original proposal. b. Permit any subcontract to be assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the proposal. 7 C. Subcontract any portion of the work after bid is submitted if the cost thereof exceeds one-half (1 /2) of one (1) percent of the total proposal and a subcontractor was not designated for the work in the original proposal. 28. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this agreement. IN WITNESS WHEREOF, the pat -ties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney By: x-�Lr:J aura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: n RAUL "DEZ' Executive Director, Public Works Agency CITY OF SANTA ANA W PAUL M. WALTERS Interim City Manager MACADEE ELECTRICAL CONSTRUCTION, INC. C�rporate Secretary Tax ID# 3 5 —C� 56ci '-� EXHIBIT A SCOPE OF SERVICES PART 1— SCOPE OF WORK This Request for Proposal calls for the removal and replacement of the existing street light cable in the Oakmont Avenue and Fairmont Avenue Neighborhoods. This project will require replacing all the cable in the entire system with new #8 THW wire. The thirteen existing poles will be required to be rewired with new #12 THW wire, the existing fixtures removed and salvaged, replaced with new metal halide fixtures and lamps. The new fixtures may need minor modifications to fit existing pole configurations. Costs for modification shall be included in proposal amount. A new energized service pedestal has been installed. Proposer shall locate and intercept existing conduit adjacent to service pedestal and install conduits to pull box adjacent to pedestal. All costs for conduit work, including hardscape replacement, to connect to service pedestal shall be included in lump sum costs. New wire shall be placed into and connected properly in service pedestal. All work, equipment, labor and materials necessary to provide complete functioning system shall be included in the Proposal pricing. Existing globes shall be protected and reused. The neighborhood street light system was installed in the early 1920's and is obsolete. The exact condition and location of the underground conduit is unknown although the existing cable was installed 10 years ago. The City expects the existing cable to be used to pull the new wire in. Pre -lubrication of the conduits may be necessary. The City does not anticipate that much of the existing conduit will need to be repaired. All costs for conduit repair excluding materials will be included in the costs proposed for hourly work. The Oakmont Avenue and Fairmont Avenue Neighborhoods have approximately 3500 linear feet of cable: Scope of work includes the following: • Remove existing cable from conduit. • Intercept existing conduit and install new conduit to connect to new service point as shown on plan. • Re -wire system using existing conduit. • Replace any deteriorated conduit only if it is impossible to pull the new wire through. • Remove and salvage existing fixtures. • Rewire poles and install new fuses, fixtures, lamps etc. per City Standard #1126-F. Material List: • Fixtures: ULT. M70 MLTLC3M500K 70W multi -tap ballast w/starter (26 + 2 spare) • Wire: #8 THW red, black, green / #12 THW red, black, green • Lamps: Philips CDM 70/C/J/M MH LAMP (26 + 2 spare) • Conduit: 2" Schedule 80 PVC • Fuses: 240V l0A with holder per City Standard #1126-F (2 per pole + 2 spare) E PART II SPECIFICATIONS EXCAVATING AND BACKFILLING Excavating and backfilling shall conform to Section 86.2.01, "Excavating and Backfilling"of the California State Specifications (CSS) and these Special Provisions. The following paragraph shall be added to Section 86-2.01: All excavated material in roadway shall be removed from the site and backfilled with compacted crushed aggregate base material topped with temporary asphalt concrete on the same working day as removed. A temporary alternative to backfilling, with permission of the Agency, shall be the placement of steel plates with temporary asphalt concrete ramping at edges of the steel plates. Such plating shall not be allowed for more than five (5) working days, after which backfill shall be required. Slurry backfill: Use of a one -sack cement and sand slurry provided by a commercial ready -mix concrete vendor may be permitted except in parkway areas. The slurry shall be placed monolithic from the bottom of the excavation to the bottom of the existing structural section or sidewalk; or as directed by the Agency. CONDUIT Roadway lighting conduit shall conform to the provisions in Section 86-2.05, "Conduit", of CSS and these Special Provisions. Roadway lighting conduit shall be schedule 80 PVC unless shown otherwise on the plans. Insulated bonding bushings will be required. All conduits, excluding SCE service conduits, shall be installed at the depth not less than 42" below finished grade in pavement areas 24" in sidewalk and parkway areas. Only when conduits are to be installed between adjacent pull boxes, from street light pole to pull box or pull box to cabinet where the in-between distance is too short to meet the 42" depth and the 45-degree sweep requirements, the conduit may be installed at lower depth but not less than 18" below finished grade. After conductors have been installed, the ends of conduits shall be sealed with industry grade sealing compound. Replace sidewalk and pavement in -kind to match existing material, color, and pattern, from score mark to score mark after pull boxes and conduit have been installed. Payment for replacement of sidewalk, pavement, hardscape and landscaping shall be included in lump sum price. All costs for potholing, trenching, boring etc shall be included in lump sum price. PULL BOXES Pull boxes shall conform to the provisions in Section 86-2.06, "Pull Boxes" of CSS, CSP ES-8 and these Special Provisions. Notes 4(a)(5) and 4(b)(10) on CSP ES-8 shall not apply. Pull box size shall be Number 5 except where shown otherwise on the plan or as directed by the Agency. Bottoms shall be bedded in crushed rock. Pull boxes shall not be grouted. Pull boxes shall be polymer concrete reinforced with heavy -weave fiberglass. Pull box covers shall be lightweight (BES lite non - concrete, or approved equal). Pullbox lids shall be stamped "LIGHTING". New pull boxes shall not be installed within any curb access ramp. 10 CONDUCTORS Conductors shall conform to the provisions in Section 86-2.08, "Conductors" of CSS and these Special Provisions. Wire shall be THW. WIRING Wiring shall conform to Section 86-2.09, "Wiring", of CSS and these Special Provisions. If necessary, multiple lighting circuit conductors can be soldered and insulated by "Method B" as shown in CSP ES- 13A. Conductors No. 8 AWG or larger shall be spliced by the use of "C" shaped compression connectors and soldering. Compression -type terminals (spade or eyelet) shall not be permitted for termination on solid conductors. PART 111. SPECIAL PROVISIONS I. SCOPE OF WORK The Request for Proposals calls for work on a historic high voltage series type street light system. The work consists of removal of existing high voltage wiring and fixtures from existing conduit and historic streetlight poles, installing new wire, ballasts and lamps and connecting to new 120/240V electrical service point. The successful Contractor will intercept existing conduit and reroute it with new conduit to new electrical service cabinet (City installed). The Contractor shall provide at its own risk and cost all labor, materials, tools, equipment, and traffic control per the Work Area Traffic Control Handbook ("WATCH"). II. FUNCTIONS AND RESPONSIBILITIES The Director shall have the authority to accept/reject materials, workmanship and to make minor changes in work or schedule. When the performance of the work or completion per schedule is determined to be substandard, Director may 1) recommend that all or a portion of payment be withheld, and/or forfeiture for delay be assessed; 2) direct the work be accomplished by a separate contractor, in order to complete the necessary work as close to schedule as possible and withhold the resulting costs. Payment to be withheld shall be deducted from the next monthly payment due to the Contractor, or if the amount is insufficient to cover payment, the Contractor shall be liable and will be billed accordingly. The Director or his authorized representative shall decide all questions, which may arise as to the manner of performance and completion per schedule, acceptable fulfillment of the contract by the Contractor, interpretation of the specifications, and compensation to include completion of work by alternate sources. B. CONTRACTOR 1. Local Office. The Contractor shall maintain a local office with a competent representative who can be reached during normal working hours and authorized to discuss matters pertaining to this contract with the Director. Contractor will not be allowed to store equipment or materials at any contracted area. 11 2. Submittals. The Contractor shall submit to the Director at the beginning of work, 1) a detailed job schedule, 2) names and titles of all persons working on the project, and 3) materials to be used on the project for approval. All submittals shall be periodically updated as necessary. The Director shall be immediately notified of any deviation from schedule or material usage. 3. Identification. All vehicles and equipment on the project site shall be properly marked with company identification. 4. Licenses and Permits. The Contractor shall, prior to award of contract and without additional expense to the City, possess all licenses and permits required for the performance of the work required by this contract, including but not limited to State License C-10 and a City of Santa Ana Business License. 5. Work Force. a. The Contractor shall ensure that all work under this Agreement is supervised by personnel who are technically qualified and possess the management skills required to implement modern methods and newly developed procedures. b. The Contractor shall ensure that all work under this Agreement is performed by fully qualified, experienced personnel, directly employed by the Contractor or its listed subcontractors. All subcontractors that will perform work under this agreement shall be listed on this proposal. No other subcontractors shall be permitted without prior written consent by the Director. C. The Contractor shall be responsible for skills, methods, appearance and action of Contractor's employees and its subcontractors and for all work done. The Contractor's employees shall be United States citizens and/or legal residents. d. The Contractor shall perform the work provides pursuant to this Agreement under the direction of the Director. The Director may make inspections at any time and may request that the Contractor perform additional work or services to bring Contractor's performance to the level required by this agreement. 6. Material. The Contractor shall submit to the Director a list of all materials that the Contractor proposes to the use in the execution of this work. Said list shall be submitted before use of any product, pursuant to the provisions of this Agreement. All materials used or submitted shall be in full compliance with all federal, State, County and local agency laws, guidelines and requirements. 7. Recycling. All waste (including construction and demolition materials) resulting from work performed under this Agreement shall be recycled. The Contractor will be responsible for the disposal of all non -recyclable waste in accordance with all applicable local, State and federal laws and regulations. A recycling and disposal plan must be submitted for approval prior to start of work. 8. General Maintenance and Clean -Up. All trash and debris shall be removed from all worksites at the end of each day. The Contractor shall keep sidewalks and all paved areas in parkway swept and cleaned of any debris, dirt, or soil. 9. Emergency Service. The Contractor shall be able to receive and respond to the City's call for emergency service twenty-four (24) hours per day, seven (7) days per week. Response time shall be immediate but not more than two (2) hours to remove or eliminate a public safety hazard. Contractor shall provide the City with a local telephone number where contractor can be contacted twenty-four (24) hours per day, seven (7) days per week. 12 4 OP ID: KG A41t7eORtY CERTIFICATE 4F LIABILITY INSURANCE DATE (MMlDDfYYYY) 08104/1/ THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE, AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS 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 909-886-N61 Alliant Insurance Services,lnc (Lic-0C36861) 909-886-2013 735 Carnegie Drive, Ste 200 San Bernardino, CA 92408 5057.Jay Freeman CONTACT NAME pHp FAX No): E-MAIL ODUCER PRODUCER MACAD-1 INSURE S AFFORDING COVERAGE NAICfF INSURED Macadee Electrical Inc 4755 Lanier Road Chino, CA91710 INSURER A:Travelers Property Casualty 25674 INSURER B:Travelers Indemnity Company NsuRERc:Fireman's Fund Ins Co INSURER D INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: RFVISION 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. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WrfH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO A.LL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSLTR TYPE OF INSURANCE AD0 POLICY NUMBER MMOPOOP YM EFF MMPOLICY ExP ym LIMITS GENERAL LIA63UTY EACH OCCURRENCE $ 1,000,000 B X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR X DTC00413B657TIL11 02/01/11 02/01/12 PREMISES Ea oocurrence $ 50,00 MED EXP (Any one person) $ 5,00 X $5,000 PD Ded. PERSONAL &ADV INJURY $ 1,000,006 per occ. GENERAL AGGREGATE $ 2,060,00 GEN'LAGGREGATE LIMIT APPLIES PER PRODUCTS -COMP16PAGG $ 2,000,00 POLICY X PRO- LOC $ A AUTOMOBILE LUIBILTfY ANY AUTO BA951 SC49211 02/01/11 02101/12 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ A ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS j 800ILY INJURY (Per accident) S X (Per accident) $ X $ A NON-OWNEDAUTOS UMBRELLAUAB X OCCUR ,. - `., .,.. EACH OCCURRENCE $ 1,000,00 HDEDucTIBLE AGGREGATE $ 1,000,00 EXCESS LUU3 CLAIMS -MADE •, I�; P365K6034T1L11 `D21b2/i1' "- 0 A1/12 $ X RETENTION $ 10,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILI Y YIN ANY PROPRIETORIPARTNERIEXECIITNE OFFICERIMEMBER EXCLUDED? NIA OTEUB5637L65010 08115/10 08/15/11 X I WCSTATLL O7H- TRY ITER E.LEACHACGDENT s 1,000,00 — E.L.DISEASE - EA EMPLOYE $ 1,000,00 (Mandatory In NH) If yes, describe under E.L.DISEASE - POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS below C Rented Leased MX198306959 02/01/11 02/01/12 Limit 75,00 Dad. 1,00 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, it more space is required) Job: Oakmont -Fairmont Rewiring Project. The City of Santa Ana its officers, employees, agents, volunteers and re representatives aadditional insured/pnmary and non-contributory as respects general liability per endorsement CGD46 08-05 attached. CISANTA City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE V A .ea�� C 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD r., . -1-1. k, .ebmmmcm GENERAL. L"ture *How, whary and. vftyo -. tfts - ^ommnW by'affmwtook place; H. per.somarw 44, Tl*.- no" wti fucagon -A am kwriy wl it da or , this, sifdftnal lnsurac4 tho adcAllo6al Intsed must:- ft. 6p w claim M "OU-the,dald., I r . ecelqe& *id If N90f3rus-aasowaspm 'Th4 ad&on* ins MO it that WS PX Thq OdiPbAO Wmurud' inWt It -Qdlm 'in rg Y with up In the, ima*110wi-O" or: saftm". of dio 'WOI'sad . 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