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HomeMy WebLinkAboutSTREET LIGHT RESTORATION SPECIALISTS, INC.City of Santa Anr Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form when the attached agreement and all amendments (if any) are no longer in effect.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. COTC Office Use Only . ............ . .... ............... . ... ................ ............. -7 The agreement With �-t-jZ_EETL-L6tH--r No. A was completed on i0l(d7-011 and final payment has been made. (List all amendments. Use space below if needed.) Department: Phone/Ext., Signature: Date: 1L 17 Revised 08 23-10 INSUR,,+;L Off FILE A-2011-204 WORK MAY PROCEED UNTIL INSURANCE EXPIRES 6 - 2-:3 7-6 I Z CLERK OF COUNCIL AGREEMENT FOR T1FIE PROVISION OF STREET LIGHT POLE PAINTING SERVICES THIS AGREEMENT, made and entered into this 24"' day of August, 201 1 by and between Street Light Restoration Specialists, 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 pole preparation and painting. B. Contractor 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 contractor 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 prepare and repaint designated Santa Ana street light poles (the "Project"), as set forth in the City Specifications attached hereto as Exhibit A, and incorporated by reference. Contractor shall perform all work items under this contract within a period often (10) weeks after City notifies Contractor to proceed. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rate of $167.00 per street light pole and luminaire arm unit, as set forth in Exhibit 13-1, attached hereto and incorporated by reference. The total sum to be expended under this Agreement shall not exceed $36,000, during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following acceptance of work by the Director of Public Works Agency, 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, unless terminated earlier in accordance with Section 12, below. 4. 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, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; 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. 5. 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. Consultant 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 Consultant'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$1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's 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 worker's 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 $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (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 canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. 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 proofthat 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 effect Contractor's right to be paid for its time and materials expended 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. 6. 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 health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 ofthis 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 costs 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 party 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, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. 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 non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. S. 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 of services specified under this Agreement. 9. 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 telefacsimile 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 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 With courtesy copies to: Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-5622 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714-647-6515 To Contractor: Street Light Restoration Specialists Brian Moran 7189 Walnut Canyon Road, Moorpark, CA 93021 Fax 805-306-0974 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. 10. 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 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 are not embodied herein. 11. 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 the prior written consent ofthe 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 City personnel or by other Contractors retained by City. 12. 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. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. 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. 14. 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. 15. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, 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. 16. 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 his employees in connection with the performance of this work. 17. FAILURE TO PERFORM SATISFACTORILY Contractor agrees that if the Contractor fails to satisfactorily perform, in compliance with the agreed work schedule, the work specified herein, the Director shall pay on a per unit basis only for those units satisfactorily completed, as determined by the Director. Additionally, City may terminate this agreement, direct that unfinished work be completed by City forces, by letting unfinished work to another contractor, or by a combination of such methods. The cost of completing the Project shall be charged against the Contractor and may be deducted from any money due or becoming due from City. If the sums due under this Contract are insufficient to complete the Project, the Contractor shall pay to the City, within five (5) days after completion, all costs in excess of the sums due. 18. SAFETY REQUIREMENTS Contractor shall perform all work required by this contract in a manner which will provide required maximum safety to the public and 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 and/or harmful acts are observed or reported regarding the performance of the work under this contract. 19. 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. 20. ACCESS TO PRIVATE PROPERTY Prior to any work that will restrict access to private property the Contractor shall notify each affected property owner or responsible person, informing him of the nature of and the approximate duration of the restriction. 21. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS Contractor shall be responsible for the protection of all improvements adjacent to the work, including 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 at the Contractor's expense. 22. TRAFFIC CONTROL The Contractor shall conduct all work in a manner that will insure continuous traffic flow on the street at all times. If it becomes necessary to restrict traffic flow per WATCH, the Contractor will contact the Director for approval Contractor shall provide all traffic control and miscellaneous traffic devices as may be required for routine and/or extraordinary maintenance of this contract. Signs, barriers and other traffic control devises required to maintain traffic during the Project 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 comply with the WATCH provisions. 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. 23. WORK BY CITY FORCES DUE TO NONCONFORMANCE If Contractor fails to correct deficiencies or public nuisances that have been created because of his operation, then these will be considered to be of an emergency nature and cause the City to move in on the project 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. 24. PAYMENT Contractor will be paid after completion of the Project, upon approval by the Agency. Contractor shall submit a detailed report of work performed and materials used in the project. This report shall be accompanied by a billing in accordance with the contract price for the work performed, and shall become basis for payment. 25. APPRENTICESHIP STANDARDS Where required under law, the contractor on this project shall assume full responsibility for compliance with apprenticeship standards as established by Section 1777.5 of the California State Labor Code. 26. SUBCONTRACTORS Contractor 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. c. Subcontract any portions 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. 27. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow 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 parties hereto have executed this Agreement the date and year first above written. ATTEST: LJ - MARIA D_ HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney/1 By: Laura Sh d Assistant City Attorney RECOMMENDED FOR APPROVAL: UL IGOT3TNEZ, II Executive Director Public Works Agency OF SANTA ANA Paul Walters Interim City Manager STREET LIGHT RESTORATION SPECIALISTS, INC. /7 i BRIAN MORAN President Tax ID# 3000 S� EXHIBIT A Street Light Pole Painting Special Provisions & Specifications SPECIAL PROVISIONS I. SCOPE OF WORK The Request for Proposals calls for preparing and repainting street light poles as specified. The 30' poles are located on Main Street between Warner Ave and Memory Lane (see attached map). Only the streetlight poles will be painted. Traffic signal poles will not be painted. 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"), I1. FUNCTIONS AND RESPONSIBILITIES A. DIRECTOR 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. 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-33 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 provided for in this proposal 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 a list to the Director 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 contract shall be properly disposed of. 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 SPECIFICATIONS PART 1 - GENERAL 1.01 WORK INCLUDED The work includes furnishing of materials and equipment, preparation of surfaces and completion of the painting and finishing of all surfaces as specified herein. 1.02 RELATED WORK A. Surfaces not to be painted: 1. Pre -finished luminaire fixtures. 2. Banners and banner mounting poles. 3. Surfaces specifically scheduled or noted not to be painted. 1.03 SUBMITTALS A. Product data: 1. Not less than thirty (30) days before beginning work, submit a complete list of materials proposed for use, together with manufacturer's specifications. 2. Paint materials and products shall be subject to the Agency's approval. B. Color samples: 1. Prepare all color and finishes on samples of similar substrate, 6" x 6" in size. 2. Samples shall be submitted as requested until required sheen, color and texture is achieved. 3. Label and identify each sample as to location and application. 1.04 DELIVERY STORAGE AND HANDLING A. Deliver paint materials in sealed original labeled containers bearing manufacturer's name, type of paint, stock number, color and instructions for reducing or mixing where applicable. B. Paint materials and equipment. 1. No materials may be stored on site. 2. Comply with health and fire regulations. 1.05 PROJECT CONDITIONS A. Comply with manufacturer's recommendations as to environmental conditions under which coatings and coating systems can be applied. Do not apply paint when temperature is below 45 degrees F Do not apply exterior paint in damp or rainy weather; ensure that the surface has dried thoroughly before proceeding. B. Do not apply finish in areas where dust is being generated. PART 2 — PRODUCTS 2.01 MATERIALS A. Products specified are as manufactured by the Vista Paint Corporation. All other manufacturers must be equal or better in performance specification. All substitutions must be submitted to Agency for approval. B. Materials selected for coating systems for each type surface shall be the product of a single manufacturer. C. Accessory materials such as turpentine, thinner, and putty shall be of the highest quality and by Agency approved manufacturer. D. Finish coats shall not be thinned without Agency's approval. Sufficient coats shall be applied at no additional cost to completely hide base materials, produce uniform color and provide satisfactory finish result. E. All submitted paint products to be in compliance with all local, state and federal air quality mandates. F. All colors are to be selected or approved by the Agency. All prime coats shall be tinted to contrast the finish coat. The final coat of paint shall not be applied until the Agency has approved colors. The number of colors to be used shall be as determined by the Agency. Agency reserves the right to vary colors throughout the project. PART 3 — EXECUTION 3.01 INSPECTION A. Examine surfaces scheduled to receive paint and finishes for conditions that will adversely affect execution, permanence or quality of work and which cannot be put into acceptable condition through preparatory work as included in Article 3.02 "Preparation of Surfaces". The Contractor shall notify the Agency in writing of any defects or conditions which will prevent a satisfactory installation. B. Do not proceed with surface preparation or coating application until conditions are suitable. C. Commencement of painting will be construed as acceptance of surfaces. 3.02 PREPARATION OF SURFACES A. All surfaces to receive paint shall be clean, dry, smooth and dust free before application of any materials. Prepare surfaces as follows: 1. PRIMED FERROUS METAL: Remove all foreign matter. Touch up abrasions with Vista Paint 9600 Protec Metal Prime. 2. UNPRIMED FERROUS METAL: Remove all rust, mill scale and foreign matter by wire brushing, scraping, sandblasting or solvent as required to provide a clean, smooth surface. Spot prime with Vista Paint 9600 Protec Metal Prime. 3. GALVANIZED METAL: Remove all foreign matter and clean entire surface with mineral spirits. Pre -treat with phosphoric acid, etch or vinyl wash. Apply primer the same day as pretreatment is applied. 4. PAINTED SURFACES: Remove all foreign matter, tape, illegal signs etc. Remove all flaking or delaminated paint with approved methods. If existing paint has completely flaked off, bare metal 4 surfaces shall be prepared as specified in Section 3.02.A.2. Painted surfaces shall be prepared by mechanical wire brush or similar method to ensure adhesion of new finish. a. Surfaces that cannot be prepared or painted as specified shall be immediately brought to the attention of the Agency in writing. b. Starting of work without such notification will be considered acceptance by the Contractor of surfaces involved. C. The Contractor shall replace unsatisfactory work caused by improper or defective surfaces as directed by the Agency at no additional cost to the Agency. 3.03 APPLICATION A. Do not apply initial coating until moisture content of surface is within limitations recommended by the paint manufacturer. Application: 1 . Paint specified is intended to cover surfaces satisfactorily in a single coat when applied at proper consistency and in accordance with manufacturer's recommendations. In the event that a single coat does not adequately cover substrate, additional coats shall be applied at no cost to the City. 2. Apply paint with suitable brushes, rollers or spraying equipment. 3. Rate of application shall not exceed that is recommended by the paint manufacturer for surface involved. B. Comply with recommendations of product manufacturer for drying time between succeeding coats. C. Leave all parts of molding and ornaments clean and true to details with no undue amount of paint in comers and depressions. D. Make edges of paint adjoining other material or color clean and sharp with no overlapping. E. Repainted surfaces rejected by the inspector shall be made good at the expense of the Contractor. Small affected areas may be touched up; large affected areas or areas without sufficient dry film thickness of paint shall be repainted. Runs, sags or damaged paint shall be removed by scraper or by sanding prior to application of paint. F. All materials shall be applied evenly with proper film thickness and free of runs, sags, skips and other defects. G. Hardware, hardware accessories, plates, lighting fixtures and similar items in place shall be protected prior to painting and protection removed upon completion of each space. 1 . Wash exposed metal with solvent then prime and paint as scheduled. 2. Spray paint wherever practical. Do not paint over Underwriters' labels, fusible links or recessed screws. H. Exposed plumbing and mechanical items without a factory finish such as conduits, access panels and items of similar nature are to be painted to match adjacent pole. 3.04 CLEAN-UP OVERSPRAY OR SPILLAGE ONTO ADJACENT SIDEWALK, STREET, PRIVATE OR PUBLIC PROPERTY AND VEHICLES IS PROHIBITED. CONTRACTOR WILL BE RESPONSIBLE FOR ALL DAMAGES CAUSED BY OVERSPRAY OR SPILLAGE. Upon completion of the work, the Contractor will remove all equipment, excess material and debris and leave the area in a neat and orderly condition. 3.05 PAINT FINISH SCHEDULE Finish all surfaces in accordance with the following schedule. Catalog names and numbers refer to products as manufactured by the VISTA PAINT CORPORATION, Fullerton, California. The Vista contact for this project is Wayne Miele 714-792-2794 • 30' Street light poles — 9900 Protec Alkyd Emulsion - Gloss Enamel #34 Cape Cod Gray • 16' Double Kings - 9900 Protec Alkyd Emulsion - Gloss Enamel Hunter Green or 9900 Protec Alkyd Emulsion - Gloss Enamel Black • 16' Single Kings — Same as Double Kings 3.06 PROTECTION A. Protect all newly repainted exterior surfaces from rain and snow, condensation, contamination, dust, salt spray and freezing temperatures until paint coatings are completely dry. Curing periods shall exceed the manufacturer's recommended minimum time requirements. B. Erect barriers or screens and post signs to warn, limit or direct traffic away or around work area as required. 6 N Gn Z � p p N y N A y y 2 y IL � y z y x MAIN ST > m o MAIN ST MAIN ST z Gf ' _p MAIN ST x N 1 l Ifi y 11 N 2 I I y I r y N = x ^JD li y MAIN ST T ST y N' MAIN y 1 a ------------------ j a � z �4 S MAIN ST �^ 0 MAIN'ST p O 1 x �oz z Exhibit =�-n� O a � z _D MAI a — I o 'MAIN ST m MAIN ST r I m O z a z r z a - f. ' ' I� llu N I•.t I'I y -/ C ' I C I f I A S y m 0 M- MAIN ST T MAIN T Z Rc p It I ST O O MAIN ST MAIN ST o� i 3 ��= x E(xhlbitA =�coCA z -nRC EXHIBIT B CONTRACTOR'S PRICE PROPOSAL VII_ CONTRACT PRICING Coatractrw is to provide all labor, egaipmcet mod materials necessary for successful completion of this project in accordance with the specifications herein_ AM pricing sha11 be effective for one hundred eighty (180) days from date of proposal. Proposers must provide cost for pai' Linn services described in the specifications outlined in Exhibit 13 and in the special provisions. Minor deviations iiom speciEralicams may be permitted_ Proposers mast rest MB deviations from specifications, if any, on a separate sheet_ At the discretion of the Director, one or more optmx al add-0n locations and specialiad services may or may not: be inchoded in agreement with ccmiractor In addition, the City at the discretion of the Director, reserves the right to decrease the scope of work during the duration of the agreement. MATERIAL COST Street light pole painting (210) 1_ Prepare and paint 30' Street light pole and 1uniin aire arm ADDTI'IONAL PROPOSAL (EACM I . Prepare and paint "doable king" historic streetlight pole 2. Prepare and paint "single long" historic streetlight pole EACH EOCIMNSION Br 1Re7� $3�,c�-7 City of Santa Ana I Street light pole painting RFP STREE-3 OP ID: KB '�tb r CERTIFICATE OF LIABILITY INSURANCE DAT08131D/YVYY) 09/31 /1 1 THIS CERTIFICATE IS 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(SX 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 endorsements . PRODUCER 916-326-4600 Roberts & Phillips Insurance $eNICSS, Inc. 6�40-9794 1430 22nd Street Sacramento„ CA 95816 I —TACT NAME91 PHONE I — A/C No Eat A/C No ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC i Jennifer Pittman INSURER A: Colony Insurance Company 36927 INSURED Streetlight Restoration Specialists, Inc. 7189 Walnut Canyon Road INSURER : United Financial Casualty Co. INSURER C: INSURER D: Moorpark, CA 93021 INSURER E INSURER F : 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 WITH 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 SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR LTR TYPE OF INSURANCE POLICY NUMBER MMAD/YYFYV MMID /YYxYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,0oo,00 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OX OCCUR X GL3961046 06/23/11 06/23112 PREMISES Ea occurrence $ 100,00 MED EXP (Any one person) $ 5100 PERSONAL &ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMP/OPAGG $ 1,000,00 X POLICY PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT IF,accident 1,000,00 B ANY AUTO 04131513 6 04/25/11 04/25/12 BODILY INJURY (Per parson) $ j ALL OWNED SCHEDULED AUTOS X AUTOS BODILY INJURY (Per a .di t) $ HIRE NON -OWNED HIRAUTOS X AUTOS PR OPERTV DAMAGE Peraccltlent $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ E%CEs3 LIAB CLAIMS -MADE DED I I RETENTION $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY ,/ / N ANY PROPRIETOR/PARTNERIEXECUTVE OFFICER/MEMBER EXCLUDED? N / A ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory In NH) yes. describe E.L. DISEASE- POLICY LIMIT 1 $ DOF O DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ANiCFI ACORD '10'I, Atltlltl oriel Remarka Schedule, IT more apace la requl R City of Santa Ana, Its officers, employees, agents and representatives are named as additional Insured p[er attached endorsement / Laur• Ott heedy Assist City Attorney C FATI FII"'ATF 1-1 t•tl T1FO rwwlrvl I wTl�wl CITYOFS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana WILL BE DELIVERED IN THEACCORDANCE WITH THE POEXPIRATION DATE LICY PROVISIONS. 20 Civic Center Plaza Santa Ana„ CA 92701 AUTHORIZED REPRESENTATIVE ,i (9) 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE. Name of Additional Insured Person(s) or Organization(s) (Additional Insured): Location(s) of Covered Operations: CITY OF SA.NTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS AND IT IS FUR-1-1-TER AGRFED THAT THIS INSURANCE SiIALL R1 REPRESEN'17A TIVES ARE NAMED ASS ADDITIONAL INSUREDS. ON A PRIMARY AND NON-CONTRIB10TROY 13ASIS BUT ONLY IN THE EVENT OF THE NAMED INSURED'S SOLE EGLIGENCE. A_ SECTION II - WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule for whom you are performing operations when you and such person or organization have agreed in writing in a contract or- agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" casued, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. A person's or organizations_ status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B_ With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: Additional Insured Contractual Liability "Bodily injury" or "property damage" for which the additional insured(s) are obligated to pay damages by reason of the assumption of liability in a contract or agreement. Finished Operations or Work "Bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2_ That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization. Negligence of Additional Insured "Bodily injury" or "property damage" arising directly or indirectly out of the negligence of the additional insured(s). ALL OTHER TERMS AND CONDITIONS OFTHE POLICY REMAIN UNCHANGED_ U156-0310 Includes copyrighted material of ISO Properties, Inc., Page 1 of 1 with its permission. STREE-3 OP ID: KB CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDKYW) 08/31 /11 THIS CERTIFICATE IS 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 andorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement s PRODUCER 916-326-46D0 Roberts & Phillips Insurance Services, Inc. 916-440-9794 1430 22nd Street Sacramento„ CA 95816 Jennifer Pittrn an INSURED Streetlight Restoration Specialists, Inc. NEE CT PHONE FAX fC No EXt (AIC. X No ; EgriE33. Aoo INSURER(S) AFFORDING COVERAGE NAIL s INSURER A: Colony Insurance Company INSURER B: Un ited Financial Casualty Co. 36927 INSURER C: 7189 Walnut Canyon Road INSURER D: Moorpark, CA 93021 INSURER E INSURER F rtGVl.�lvry rvumactc: 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 WITH 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 SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR LTR TYPE OF INSURANCE POLICY NUMBER MM�D/YVYY MMAOIWYY LIMITS GENERAL LIABILITY A X COMMERCIAL GENERAL LIABILITY X GL3961046 06/23111 06/23/12 EACH OCCURRENCE $ 1,000,00 PREMISES Ee occurrence $ 100,00 MED EXP (Any one person) $ 5,00 CLAIMS -MADE [X] OCCUR PERSON AL& ADV IN. RY $ 1,000,00 GENERAL AGGREGATE $ 2, 000, 00 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO LOC PRODUCTS-COMP/OP AGG $ 1,000,00 $ B AUTOMOBILE X LIABILITY ANY AUTO AALLUTOS NED X SCHEDULED AUTOS HIREDAUTOS J( NON -OWNED AUTOS 064131513 - 04/25/11 04/25/12 Ee eBBINEDtSINGLE LIMIT 1,000,00 BODILY IN.LRY (Par Parson) $ BODILY IN-URY (Per —dent) $ PRONE Y AMAGE Per eccitlent $ UMBRELLA LIAB EXCESS LIAR OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETORIPARTNER/EXECUTVE OFFICERWEMBER EXCLUDED? storyb —d If y s escrib de and er WC STATU- OTH- $ N f A EL EACH ACCIDENT $ L E.. DISEASE - EA EMPLOYEE $ E.L- DISEASE - POLICY LIMIT $ Dyes DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS / VEHCLES (ACech ACORD 101, AddltlonN Remarks Schedule, If more space la requl�d ? iR City of Santa Ana, Its officers, employees, agents and representatives are named as additional Insured p[er attached endorsement - Laur ttit heedy Assist City Attorney �4.GLLFi r ,V IY CITYOFS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 Civic Center Plaza ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana„ CA 92701 AUrHDRIZEDREPRESENTATvr Ag 00 1988-2010 ACORD CORPORATION_ A11 rlohts race—,4 ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD THIS ENDOF2SEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCW_EDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SC:HFT'flll F Name of Additional Insured Person(s) or Organization(s) (Additional Insured): Location(s) of Covered Operations: CITY OF SAN`lA ANA, 11S OFFICEILS, EMPL()YEES, AGENTS A:NI) IT IS FLJR.T7IF.R AOREED THAT THIS INSURANCE STTAIA. I3 - REPRESENT'AI'IVES ARE NAMED :1.5 ADDITIONAL INSUREDS. ON A PRIMARY AND NON-CONTRTriLIT.ROY BASIS T3IJT ONLY IN'I"HE EVENT' OF THE NAMED INSURED'S SOLE EGLIGENCE. A_ SECTION II - WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule for whom you are performing operations when you and such person or organization have agreed in writing in a contract or, agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" casued, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B_ With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: Additional Insured Contractual Liability "Bodily injury" or "property damage" for which the additional insured(s) are obligated to pay damages by reason of the assumption of liability in a contract or agreement. Finished Operations or Work "Bodily injury" or" property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2_ That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization. Negligence of Additional Insured "Bodily injury" or "property damage" arising directly or indirectly out of the negligence of the additional insured(s). ALL OTHERTERMS AND CONDITIONS OFTHE POLICY REMAIN UNCHANGED. U156-0310 Includes copyrighted material of ISO Properties, Inc., Page 1 of 1 with its permission.