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HomeMy WebLinkAboutC-7051-1 - On-Call M/RSA for Streetlight Pole Painting ServicesON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT WITH STREETLIGHT RESTORATION SPECIALISTS, INC. FOR STREETLIGHT POLE PAINTING SERVICES THIS ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT ("Agreement') is made and entered into as of this 19th day of October, 2015 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and STREETLIGHT RESTORATION SPECIALISTS, INC., a California corporation ("Contractor"), whose address is 2828 Cochran Street, Suite 360, Simi Valley, California 93065, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Contractor to perform on-call maintenance and/or repair services for City ('Project'). C. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the maintenance and/or repair services described in this Agreement. D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by City for the Project, is familiar with all conditions relevant to the performance of services, and has committed to perform all work required for the compensation specified in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on October 31, 2017, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED 2.1 Contractor shall perform the on-call services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). As a material inducement to City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and Contractor is experienced in performing the Work contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest industry standards in performing the Work required hereunder and that all materials will be of good quality. For purposes of this Agreement, the phrase "highest industry standards" shall mean (cc those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 2.2 Contractor shall perform all Work required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services necessary for the Project. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Contractor shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Contractor to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein, not later than two (2) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractor's control. 3.4 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by fax, hand -delivery or mail. 4. COMPENSATION TO CONTRACTOR 4.1 City shall pay Contractor for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Except as otherwise provided herein, no rate changes shall be made during the term of this Agreement without the prior written approval of City. Contractor's compensation for all Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed One Hundred Twenty Thousand Dollars and 00/100 ($120,000.00), without prior written amendment to the Agreement. 4.2 Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractor's bills shall include the name and/or classification of employee who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) calendar days after approval of the monthly invoice by City staff. Streetlight Restoration Specialists, Inc. Page 2 4.3 City shall reimburse Contractor only for those costs or expenses specifically identified in Exhibit B to this Agreement, or specifically approved in writing in advance by City. 4.4 Contractor shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B. 5. PROJECT MANAGER 5.1 Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Contractor has designated Brian Moran to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Municipal Operations Department. City's Utilities Manager or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Contractor in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Contractor, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Contractor's Work schedule. 8. TYPE AND INSTALLATION OF MATERIALSISTANDARD OF CARE 8.1 Contractor shall use only the standard materials described in Exhibit A in performing Services under this Agreement. Any deviation from the materials described in Exhibit A shall not be installed or utilized unless approved in advance and in writing by the Project Administrator. 8.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform Streetlight Restoration Specialists, Inc. Page 3 the Services required by this Agreement, and that it will perform all Services in a manner commensurate with highest industry standards. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the industry standard. 8.3 Contractor represents and warrants to City that it has, shall obtain and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement. 8.4 Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. RESPONSIBILITY FOR DAMAGES OR INJURY 9.1 City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Services required hereunder; or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 9.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Streetlight Restoration Specialists, Inc. Page 4 9.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 9.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Work by Contractor or its agents. 9.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Agreement as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 9.7 The rights and obligations set forth in this Section shall survive the termination of this Agreement. 10. INDEPENDENT CONTRACTOR It is understood that City retains Contractor on an independent contractor basis and Contractor is not an agent or employee of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. Nothing in this Agreement shall be deemed to constitute approval for Contractor or any of Contractor's employees or agents, to be the agents or employees of City. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance of the Work or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with Contractor on the Project. 12. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in Streetlight Restoration Specialists, Inc. Page 5 order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PREVAILING WAGES Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Agreement shall be paid to all workmen employed on the Work to be done according to the Agreement by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 16. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or cotenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint - venture. Streetlight Restoration Specialists, Inc. Page 6 17. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Contractor shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 18. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon prior written request. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 20. RECORDS Contractor shall keep records and invoices in connection with the Services to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Contractor shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 21. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed Streetlight Restoration Specialists, Inc. Page 7 sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other contractors in connection with the Project. 23. CONFLICTS OF INTEREST 23.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act'), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 23.2 If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 24. NOTICES 24.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 24.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Utilities Manager Municipal Operations Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 24.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Brian Moran Streetlight Restoration Specialists, Inc. 2828 Cochran Street, #360 Simi Valley, CA 93065 Streetlight Restoration Specialists, Inc. Page 8 25. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. Contractor and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 26. TERMINATION 26.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 27. LABOR 27.1 Contractor shall conform with all applicable provisions of state and federal law including, but not limited to, applicable provisions of the federal Fair Labor Standards Act ("FLSA") (29 USCA § 201, et seq.). 27.2 Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement, Contractor shall immediately give written notice to City, and provide all relevant information. 27.3 Contractor represents that all persons working under this Agreement are verified to be U.S. citizens or persons legally authorized to work in the United States. Streetlight Restoration Specialists, Inc. Page 9 27.4 To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees from loss or damage, including but not limited to attorneys' fees, and other costs of defense by reason of actual or alleged violations of any applicable federal, state and local labor laws or law, rules, and/or regulations. This obligation shall survive the expiration and/or termination of the Agreement. 28. STANDARD PROVISIONS 28.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. 28.2 Compliance with all Laws. Contractor shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 28.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 28.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 28.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 28.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 28.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to Streetlight Restoration Specialists, Inc. Page 10 this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 28.10 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Streetlight Restoration Specialists, Inc. Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATT RN Y'S OFFICE Date: By: W Aaron C. Harp ckm %0110nrr City Attorney ATTEST: '.'3, %'-/� Date: *aniklBrown By: Lei City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: '31'11 Y6 By: Dave Ziff City Manager CONTRACTOR: Streetlight Restoration Specialists Inc , a California corporation Date: By: G I� Brian Moran CEO Date: / f 0 ( By: /0,6A Paul Larson Treasurer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Streetlight Restoration Specialists, Inc. Page 12 EXHIBIT SCOPE OF SERVICES Streetlight Restoration Specialists, Inc. Page A-1 SCOPE OF SERVICES DUTIES AND RESPONSIBILITIES DESCRIPTION OF PROJECT o Furnish all labor, tools, expendable equipment, materials, transportation services necessary for the street pole painting as described herein including, but not limited to, the following: • Provide as -needed painting for both steel and granite/stone street poles. • When preparing surfaces, all loose paint and rust shall be removed and sanded to a smooth surface prior to the application of the primer coat. • All surfaces to receive paint shall be clean, dry and dust free before application of any approved materials. ■ Prime necessary poles with fiberglass undercoat. • Apply granite/stone type finish and UV protective topcoat on applicable poles. • WORKING HOURS o Normal working hours shall be between the hours of 7:00 a.m. and 4:30 p.m., Monday through Thursday and 7:00 a.m.-3:30 p.m. on Friday. No Saturday or Sunday work is to be scheduled without prior written permission from the City, unless it is an emergency. • QUALITY OF WORK AND MATERIALS o The Contractor shall perform all Work required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services necessary for the Project, including delivery, storage and handling of products. o All material and equipment furnished by the Contractor shall be high grade, and free from defects and imperfections, unless otherwise hereinafter specified. Workmanship shall be in accord with the best standard practices. Both materials and workmanship shall be subject to the approval of the Project Administrator. o All work shall be performed in accordance with the HIGHEST INDUSTRY STANDARDS, as stated in the specifications described herein. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the sites. o If, in the judgment of the City, the quality of work is less than that specified herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein, withhold appropriate payment from the Contractor until services are rendered in accordance with specifications set forth within this document and providing no other arrangements have been made between the Contractor and the City. Failure to notify of a change and/or failure to perform an item or work on a scheduled day may, at the City's sole discretion, result in deduction of payment for that date, week, or month. Payment will be retained for work not performed until such time as the work is performed to City standard. • PRODUCTS AND MATERIALS o All paint and materials shall be approved by the Project Administrator prior to utilization. o A sample of paint color must be provided to the Project Administrator at the beginning of this term and prior to any changes in paint brand, color, etc. o Accessory materials such as turpentine, thinner and putty shall be of the highest quality and approved by the Project Administrator. o All colors are to be selected or approved by the Project Administrator. o All fiberglass poles are coated with a 5 to 6 step process using acrylic, urethane and oil to achieve the desired finish. All coatings must be of the highest quality to protect the pole in harshest environments and must meet AQMD standards. o Priming poles with a fiberglass "resin" undercoat would be used when fiberglass pole surface is in a condition that would require it, like damage such as scurfing, scratching, gouging where fiberglass is actually exposed. • WORKMANSHIP AND SUPERVISION o Contractor shall designate a Project Manager to serve as the main contact for the Contractor throughout the project. The Project Manager shall have the authority to handle and resolve any contract disputes with the City and be experienced in streetlight pole painting services. o All work shall meet with the approval of the City's designated Project Administrator. Any specific problem area, which does not meet the conditions of the specifications set forth herein, shall be called to the attention of the Contractor's Project Manager and if not corrected, payment to the Contractor will not be made until condition is corrected in a satisfactory manner as set forth in the specifications. • RESPONSIBILITY FOR DAMAGES OR INJURY o Any damage done by Contractor outside the area and scope of the work of the contract shall be repaired or replaced as directed at no additional cost to the City. o Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. o To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). PROJECT ADMINISTRATION o On-call contracts do not guarantee or imply any specific quantity of work over the contract period. When the need for services arises, the City shall request either verbally or in writing, the necessary maintenance repair services required in adequate detail. Contractor shall then provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall include the following: • A detailed description of the Services to be provided; • The position of each person to be assigned to perform the services, and the name of the individuals to be assigned, if available; • The estimated number of hours and cost to complete the Services; and • The time needed to finish the specific Project. o City will assess the Letter Proposal to ensure that services and costs proposed are commensurate with those provided in the Contractor's RFP response. No Services shall be provided until the City has provided written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall diligently perform the duties in the approved Letter Proposal. o No services shall be provided until the Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall diligently perform the duties in the approved Proposal. RECORDS o Contractor shall keep records and invoices in connection with the Services to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Contractor shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. CORRESPONDENCE o All correspondence shall be addressed to Utilities Manager, Municipal Operations Department, City of Newport Beach, and PO Box 1768, Newport Beach, California 92658-8915. SAFETY REQUIREMENTS o All locations will require some level of pedestrian and or Vehicle traffic control. This will at times include lane closures in high traffic areas controlling traffic in a safe manner. o All work performed under this contract shall be performed in such a manner as to provide maximum safety to the public and where applicable comply with all safety standards required by CAL -OSHA. The City 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 under this contract. All contractor employees shall have access to a W.A.T.C.H. (Work Area Traffic Control Handbook) at all times. o Contractor's field personnel shall wear easily recognizable uniforms containing Contractor's name. Contractor shall be responsible for supplying all appropriate personal protective equipment including but not limited to safety vests, safety shoes and reflective vests. o The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from his/her operations. Any hazardous condition noted by the Contractor, which is not a result of his/her operations, shall be immediately reported to the City. o Warning signs, lights, and devices shall be installed and displayed in conformity with "The California Manual on Uniform Traffic Devices" for use in performance of work upon highways issued by the State of California, Department of Transportation. o Contractor's employees shall be trained in health and safety per CALOSHA TECHNICAL SPECIFICATIONS • Access panes must not be painted shut. It may be necessary to remove access panels prior to painting poles. Access panels must be painted separately from all poles. • All edges of paint adjourning other materials or color shall be left clean and sharp with no overlapping. • Finish coats shall not be thinned without the City's approval. Sufficient coats shall be applied at no additional cost to completely hide base materials, produce uniform color and provide satisfactory finish result. • Repainted surfaces rejected by the Inspector/Project Administrator or designee, shall be repainted at the contractors expense. • All materials shall be applied evenly with proper film thickness and free of runs, sags, skips and other defects. • Hardware, hardware accessories, plates, lighting fixtures and similar items in place shall be protected prior to painting and protection removed upon completion of each pole. • Contractor shall not paint over labels, fusible links, pole identification numbers or recessed screws. • Appropriate measures shall be taken to control any over spray and to prohibit any material from entering storm drains and waterways. • The contractor must take considerable efforts to protect private property from damage and destruction during the painting process. • 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. • The contractor will be responsible for restoration of property and surfaces damaged during the painting process will be responsible to correct any/all repaints at no charge to the City. • Upon competition of the work, the Contractor will remove all equipment, excess material and debris and leave the area in a neat and orderly condition. Attachment to Scope of Service - City of Newport Beach Streetlight Specifications ALUMINUM 1 / CAP RM , SII 240 V. H.P.S. CUTOFF LUMINAIRE (FOR 70, 100, 150, 200 OR 250 WATT LAMP) WITH ENCLOSED REGULATOR TYPE BALLAST PHOTO ELECTRIC CELL RECEPTACLE, CHARCOAL FILTERED OPTICAL ASSEMBLY, AND TYPE III DISTRIBUTION. G.E. M250 A2 REMOVABLE POWER MODULE DOOR LUMINAIRE CUT OFF OPTICS OR PRE -APPROVED EQUAL , AMERON CONCRETE POLE MIX 37 OR APPROVED EQUAL NOTES: AMERON BRACKET CAT. ARM MOUNTING POLE N0. ALUMINUM HEIGHT HEIGHT 4 -C1 -17-F4 4' 20'-9' 18'-9" 4 -C7 -23-F4 4' 26'-3" 24'-3' 4 -C7 -23-F8 8' 27'-9" 24'-3' 1. BRACKET ARM,, MOUNTING ING ANAND POLE HEIGHTS TO BE SHOWN ON PLANS. 2. 3'-O' DIA. CIRCULAR FOUNDATION MAY BE USED IN PLACE OF 2'-6' SO. FOUNDATION. 3. ALL BASES SHALL BE POURED TO 4" BELOW SIDEWALK GRADE, TO ALLOW FOR GROUT. 4. THE AREA AROUND ALL STANDARDS SHALL BE FORMED AND POURED WITH GROUT TO EXTEND 6" ON EACH SIDE AND BACK OF STANDARD AND FROM BACK OF CURB TO FRONT OF STANDARD. GROUT SHALL BE POURED FROM TOP OF BASE TO SIDEWALK GRADE. GROUT SHALL CONSIST OF 2 PARTS SAND AND 1 PART CEMENT. 5. EACH POLE SHALL HAVE A PULL BOX. SEE STD -204-L 6. FUSE HOLDER IN ADJACENT PULL BOX, SEE STD -205-L 7. ALL THREADED CONNECTIONS SHALL HAVE PRE -APPROVED ANTI -SEIZE COMPOUND. 8. SEE POLE LEVELING DETAIL TO THE RIGHT. 9. FOR POLE WIRING , SEE CND STD -205-L GALV. STEEL NUT GALV. STEEL WASHERS GALV. STEEL NUT 12" SQ.tFOUNDATION POLE LUG y AT A SE B CK PER PLAN & ADA REQUIREMENTS DOOR OPENING FACES STREET o. .�� 1" x 36" x 4' ae _ e O.,aa GALVANIZED ANCHOR d BOLT WITH GALVANIZED '^ Q i NUT AND (2) WASHERS. EXTND 3—)r ABOVE TOPE OF FOUNDATION- BASE DETAIL ELEVATION CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIGHTING STANDARD TYPE I APPROVED: RCE NO. 36106 DRAWING NO. BOLT INSTALL ANTI -SEIZE COMPOUND TO THREADS LEVELING DETAIL DOOR OPENING FACES STREET Y OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIGHTING STANDARD. TYPE II RCE NO. 36106 240 V, H.P.S. CUTOFF LUMINAIRE (FOR 70, 100, 150, 200 OR ALUMINUM 250 WATT LAMP) WITH ENCLOSED REGULATOR TYPE BALLAST PHOTO ELECTRIC CELL RECEPTACLE, CHARCOAL FILTERED OPTICAL C ASSEMBLY, AND TYPE III DISTRIBUTION. G.E. M250 A2 REMOVABLE - POWER MODULE DOOR LUMINAIRE CUT OFF OPTICS OR PRE -APPROVED EQUAL . AMERON CONCRETE POLE MIX 37 OR APPROVED EQUAL yI. AMERON BRACKETMkA MOUNTING POLE r It A CAT. ARIA 6 N0. ALUMINUM HEIGHT HEIGHT ! AP� ®� qa 6Bl-B3s68 8' 29'-9" 26'-3" I NOTES: reg 6 -C7 -28 -FB 8' 34•_9" 37,_3" ; 1. BRACKET ARM, MOUNTING AND POLE HEIGHTS TO BE SHOWN ON PLANS. 2. 3'-0" DIA CIRCULAR FOUNDATION MAY BE USED IN PLACE OF 2'-6" SQ. FOUNDATION. 3. ALL BASES SHALL BE POURED TO 4' BELOW SIDEWALK GRADE. 4. THE AREA AROUND ALL STANDARDS SHALL BE FORMED AND POURED WITH GROUT TO EXTEND 6" ON EACH SIDE AND BACK OF STANDARD AND FROM BAC( OF CURB TO FRONT OF w STANDARD. GROUT SHALL BE POURED FROM TOP OF BASE TO SIDEWALK GRADE. GROUT SHALL _ U i CONSIST OF 2 PARTS SAND AND 1 PART CEMENT. z = I 5. EACH POLE SHALL HAVE A PULL BOX SEE STD -204-L I a 6. FUSE HOLDER IN ADJACENT PULL BOX, SEE STD -205-L 7. ALL THREADED CONNECTIONS SHALL HAVE PRE -APPROVED ANTI -SEIZE COMPOUND. B. SEE POLE LEVELING DETAIL TO THE RIGHT. S. FOR POLE WIRING , SEE CNB STD -205-L GALV. STEEL NUT GALV. STEEL WASHERS GALV. STEEL NUT -- POLE LUG FOUNDATION SET BACK PER 14'-%" SO. PLAN & ADA - REQUIREMENTS ANCHOR BOLT DOOR OPENING �a 7o FACES STREETINSTALL ANTI -SEIZE cp .:D, COMPOUND TO READS 4' GROUT� LEVELING DETAIL o t I t"x36' x4" GALVANIZED ANCHOR BOLT WITH GALVANIZED 0. O DOOR OPENING ' o a FACES STREET NUT AND (2) WASHERS. n 0 a. d EXTEND 3-14" ABOVE 2'-6" TOP OF FOUNDATION. 4 . 50. ELEVATION BASE DETAIL Y OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIGHTING STANDARD. TYPE II RCE NO. 36106 :n 1.'41.1 H.P.S. LUMINAIRE WITH PHOTO ELECTRIC CELL G.E. TIDE P17M LUCALOX OR PRE -APPROVED EQUAL TYPE II DISTRIBUTION. CAST ALUMINUM TENON WITH 3' DIA. TOP GALV. STEEL WASHERS POLE DIAMETER MIX 37. AMERON CAT. NO. POLE HEIGHT 7—C2 -10P 12'-3" 7—C2 -13P 14'-6" 7—C2-14PS* 15'-6" • SPECIFY 16" BOLT CENTER NOTES: INSTALL ANTI -SEIZE COMPOUND TO THREADS 1. POLE HEIGHT AND WATTAGES TO BE SHOWN ON PLANS. LEVELING, DETAIL 2. 2'-6" DIA. CIRCULAR FOUNDATION MAY BE USED IN PLACE OF 2'-0" FOUNDATION. 3. ALL BASES SHALL BE POURED TO 4' BELOW SIDEWALK GRADE, TO ALLOW FOR GROUT. 4. THE AREA AROUND ALL STANDARDS SHALL BE FORMED AND POURED WITH GROUT TO EXTEND 6" ON EACH SIDE AND BACK OF STANDARD AND FROM BACK OF CURB TO FRONT OF STANDARD. GROUT SHALL BE POURED FROM TOP OF BASE TO SIDEWALK GRADE. GROUT SHALL CONSIST OF 2 PARTS SAND AND 1 PART CEMENT. 5. EACH POLE SHALL HAVE A PULL BOX. SEE STD -204-L. 6. FUSE HOLDER IN ADJACENT PULL BOX, SEE STD -205-L 7. ALL THREADED CONNECTIONS SHALL HAVE ANTI -SEIZE COMPOUND. S. SEE POLE LEVELING DETAIL ABOVE. 9. FOR POLE WIRING, SEE CNB STD -205-L 2'-0" SO. SET BACK PER FOR 16' POLE PLAN & ADA REQUIREMENTS FOR 12' & 14' POLE DOOR OPENING 16' DIA. B.C. FOR FACES STREET 16' POLE 14-1/2" DIA. B.C. FOR 12' & 14' POLE _," ,lL C x iB" z 4" GALVANIZED ANCHOR BOLT WITH GALVANIZED ' NUT AND (2) WASHERS. EXTEND 3-1/2" ABOVE TOP OF FOUNDATION 2'-0' SQ. ELEVATION CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIGHTING STANDARD TYPE III 11`4e SQ. 1 OY." SQ. DOOR OPENING FACES STREET BASE DETAIL RCE NO. 36106 DRAWING NO. GALV. STEEL NUT POLE LUG GALV. STEEL WASHERS GALV. STEEL NUT WORKS DIRECTOR H.P.S. CUTOFF LUMINAIRE (FOR 70, 100, 150, 200 OR 250 WATT LAMP) WITH ENCLOSED REGULATOR TYPE BALLAST PHOTO ELECTRIC CELL RECEPTACLE, CHARCOAL FILTERED OPTICAL ASSEMBLY, AND TYPE III DISTRIBUTION. G.E. M250 A2 REMOVABLE POWER MODULE DOOR LUMINAIRE CUT OFF OPTICS OR PRE—APPROVED EQUAL ANMRON BRACKET MOUNTING POLE R CAT. NO. ARM TILT HEIGHT HEIGHT 1—J2-23—JS6 6' 5' 29'-6" 23'-1" 36" 1-13-28-18 8' 1 5' 1 35'-0" 27'-9"69" I1AMERON CONCRETE POLE MIX 37 OR APPROVED EQUAL GALV. STEEL GALV. STEEL WAS NOTES: GALV. STEEL NUT POLE LUG 1. BRACKET ARM, MOUNTING AND POLE HEIGHTS TILT ANGLE AND LAMP SIZE TO BE SHOWN ON PLANS. FOUNDATION 2. 4'-0" DIA. CIRCULAR FOUNDATION MAY BE USED IN PLACE OF 3'-6" SQ. FOUNDATION.' ANCHOR BOLT 3. ALL -BASES SHALL BE POURED TO 4" BELOW SIDEWALK GRADE, TO ALLOW FOR GROUT. INSTALL ANTI—SEIZE COMPOUND TO THREADS 4. THE AREA AROUND ALL STANDARDS SHALL BE FORMED AND POURED WITH GROUT TO EXTEND 6" ON EACH SIDE AND LEVELING DETAIL BACK OF STANDARD AND FROM BACK OF CURB TO FRONT OF STANDARD. GROUT SHALL BE POURED FROM TOP OF BASE TO SIDEWALK GRADE. GROUT SHALL CONSIST OF 2 PARTS SAND AND 1 PART CEMENT. 5. EACH POLE SHALL HAVE A PULL 80X, SEE STD -204—L 6. FUSE HOLDER IN ADJACENT PULL BOX, SEE STD -205—L. 7. ALL THREADED CONNECTIONS SHALL HAVE PRE—APPROVED ANTI—SEIZE COMPOUND. B. SEE POLE LEVELING DETAIL ABOVE. 9. FOR POLE WIRING, SEE CN8 STD -205—L. SET BACK PER FOR PLAN do ADA FOR 27'-9' POLE lOii SQ. amwwcucuTe 12Yz" DIA. B.C. FOR 23'-1" POLE 15Ys" A�,!B?OLT DIA. B.C. FOR (127'-9" POLE I 36" X 4" GALVANIZED ANCHOR WTH GALVANIZED NUT AND (2) WASHERS. EXTEND 3-1/2" ABOVE TOP OF FOUNDATION. I 3'-6" SO. ELEVATION CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIGHTING STANDARD TYPE IV ENING BASE DETAIL FACSTREET APPROVED: RCE NO, 36106 PUBLIC WORKS DIRECTOR DRAWING NO. GLOBE do ELECTRODER ASSEMBLY WITH LAMP AND REFRACTOR TYPE AS PER PLAN: SEQUOIA LIGHTING CORP. #SLPT 302D. _GLOBE: EXTERNAL REFRACTOR TYPE II GALV. ST ' ....OR TYPE 5, AS PER PLAN. •Z•':`{.` GALV. STEEL BALLAST: WATTAGE LAMP AND TYPE GALV. STEE AS PER PLAN. 8" GLOBE HOLDER, BRASS (BX). PHOTOCELL: ALR—AA-1068 CONCRETE POLE AMERON 22—CT-10, MIX 37, W/MOD-41. �.� .E LUG BOLT INSTALL ANTI—SEIZE 1. ALL BASES SHALL BE POURED TO 4" BELOW SIDEWALK COMPOUND TO THREADS GRADE, TO ALLOW FOR GROUT. LEVELING DETAIL 2. 2'-6" DIA. CIRCULAR FOUNDATION MAYBE USED IN PLACE OF 2'-0" SO. FOUNDATION. 3. THE AREA AROUND ALI. STANDARDS SHALL BE FORMED AND POURED WITH GROUT TO EXTEND 5" ON EACH SIDE AND BACK OF STANDARD AND FROM BACK OF CURB TO FRONT OF STANDARD. GROUT SHALL BE POURED FROM TOP OF BASE TO SIDEWALK GRADE. GROUT SHALL CONSIST OF 2 PARTS SAND AND 1 PART CEMENT. 4. EACH POLE SHALL HAVE AN ADJACENT PULL BOX. SEE STD -204—L. 5. FUSE HOLDER SHALL BE LOCATED IN PULL BOX, SEE STD -205—L 6. ALL THREADED CONNECTIONS SHALL HAVE PRE—APPROVED ANTI— SEIZE COMPOUND. 7. SEE POLE LEVELING DETAIL ABOVE. 8. FOR POLE WIRING, SEE CNB STD -205—L 2'-0" SQ. SET BACK PER 2'-6" DIA. CIRCULAR PLAN &ADA REQUIRMENTS n DOOR OPENING FACES STREET ="'— 1Y1 0 P.V.C. — ==SCHEDULE 40 CONDUIT • P 3/4" x 18" x 4" GALVANIZED ANCHOR BOLTS, WITH GALVANIZED NUT AND (2) ELEVATION TOP OF FOUNDATION" ABOVE r• ¢ • •'.4� �� Y � � N b H N 1• cj Agr s,�e O� DOOR OPENING ry.Pc�s FACES STREET BASE DETAIL CITY OF NEWPORT BEACH APPROVED: PUBLIC WORKS DEPARTMENT LIGHTING STANDARD RCE NO. 36106 TYPE V Drawn: M. Elia Date: Tan. 2004 DRAWING NO. EXHIBIT B SCHEDULE OF BILLING RATES Streetlight Restoration Specialists, Inc. Page B-1 :m hrl v 'li`•;, jar, ?' dry Cq�l F04LN`P.: COST FILE One of the mandatory attachments that the PlanetBids portal will prompt you for is called a "Cost File." Please upload this document to satisfy the requirement: Please attach company rate sheets for items not listed below. Pricing: 225.00 a. Cost Per Steel Pole Painting: $ (Must include ALL items necessary for completion of services, including labor, transportation, any and all travel, and delivery of test reports) Minimum Labor Charge? Y/N $ 1200.00 b. Cost Per Granite/Stone Pole Painting: $ 475.00 Minimum Labor Charge? c. Minimum Call out time? d. Other/Optional? Y/N $ 1200.00 Y/N 24 Hr/s_ -Specify Below - The undersigned certifies that submission of this Proposal is made without prior understanding, arrangement, agreement, or connection with any corporation, firm or person submitting a Proposal for the same services, and is in all respects fair and without collusion of fraud. The undersigned certifies that they have not entered into any arrangement or agreement with any City of Newport Beach public officer. The undersigned understands collusive practices are a violation of State and Federal law and can reser in fines, prison sentences, and civil damage awards. (j I 07/13/2015 oposer Signature Date Brian Moran - CEO Printed Name and Title Streetlight Restoration Specialists, Inc. Company RFP No. 15-75 Cost File s c� a� LO d' N m 0 CL N N U.A i O i O t N LL O M i Amerlock Series Product Data/ Application Instructions Amerlock@ 2 Fast drying surface tolerant VOC compliant epoxy • Fast dry, dry to touch in 2 hours at 70°F (21°C) • Recoat in 3 hours at 70°F (21 °C) • Low temperature cure down to 0°F (-18°C) • Exceptional corrosion protection in industrial and marine corrosive environments • Surface tolerant, excellent adhesion to tight rust and prepared damp surfaces • Self priming topcoat over most existing coatings • Can be overcoated with a wide range of topcoats • Temperature resistance to 450°F on insulated or uninsulated surfaces when mixed with Amercoat 880 glass flake additive. Amerlock 2's low solvent level meets most VOC requirements, reduces the chances for film pinholing and solvent entrapment at the substrate -coating interface, often a major cause of coating failure with conventional epoxies and lower solids systems. Amerlock 2 is available in a variety of colors, and therefore does not require a topcoat. For extended weatherability or special uses, a topcoat may be desired. Typical Uses Amerlock 2 is designed for use in a variety of areas, even those where surface preparation is impossible. As a maintenance coating, Amerlock 2 protects steel structures in industrial facilities, bridges, tank exteriors, marine weathering, offshore, oil tanks, piping, roofs, water towers and other exposures. Amerlock 2 has good chemical resistance to splash/spillage, fumes and immersion in neutral, fresh and salt water (see resistance table). Contact your PPG representative for specific information. Qualifications (Amerlock 2) 1. USDA — Incidental food contact 2. NSF Standard 61 * - For use in drinking water. 3. FDA 21 CFR 175.300 extraction test for direct food contact *For NSF application information, please visit our NSF website at www. ppgamercoat. ppgpmc. com/NSF/ Page 1 of 3 Physical Data Finish Color Components Curing mechanism Volume solids (ASTM D2697 modified) Amerlock 2 Amerlock 2AL Dry film thickness (per coat) Coats Theoretical coverage 1mil (25 microns) Amerlock 2 Amerlock 2AL 5 mils (125 microns) Amerlock 2 Amerlock 2AL VOC Amerlock 2 mixed* mixed/thinned (1h pt/gal)* Amerlock 2AL mixed** mixed/thinned (1h pt/gal)** * EPA method 24 ** Calculated Semigloss Standard, Rapid Response, custom colors and aluminum Solvent release and chemical reaction between components 83%± 3% 85%± 3% 4-8 mils (100-200 microns) 1 or 2 ftZ/gal M2 /L 1331 32.6 1363 33.1 266 6.5 273 6.7 lb/gal g/L 1.5 180 1.8 216 1.0 123 2.0 234 Temperature resistance,* wet dry °F °C of °C continuous 100 38 200 93 intermittent 100 38 350 177 with 880 (1 gal can/ 2gal mix) wet dry continuous 100°F (38°C) 425°F (218°C) intermittent 100°F (38°C) 450°F (232°C) Flash point (SETA) °F °C Amerlock 2/400 resin* 131 55 Amerlock 2 cure 114 46 Amerlock 2AL resin 110 43 Amerlock 2AL cure 122 50 Amercoat® 8 20 -7 Amercoat 65 78 25 Amerocat 101 145 63 Amercoat 12 2 -17 *At temperatures above 20014 dry film thickness must not exceed 10 mils (250 mils). *Amerlock 2 resin andAmerlock 400 resin are identical, and are packaged under a common label as Amerlock 2/400 resin. Amerlock 2 cure and Amerlock 400 cure are different, and are labeled individually. Topcoats Amercoat 450 Series, Amershield, PSX 700, PSX 1001 Primers Dimetcote, Amercoat 68 Series, Self Priming Surface Preparation Coating performance is, in general, proportional to the degree of surface preparation. Abrasive blasting is usually the most effective and economical method. When this is impossible or impractical, Amerlock 2 can be applied over mechanically cleaned surfaces. All surfaces must be clean, dry and free of all contaminants, including salt deposits. Amerlock 2 may be used over most types of properly prepared and tightly adhering coatings. A test patch is recommended for use over existing coatings. Steel - Remove all loose rust, dirt, moisture, grease or other contaminants from surface. Power -tool clean SSPC-SP3 or hand -tool clean SSPC-SP2. For more severe environments, dry abrasive blast SSPC-SP7. Water jetting is also acceptable. For immersion service - dry abrasive blast SSPC-SP10. Aluminum - Remove oil, grease or soap film with neutral detergent or emulsion cleaner, treat with Alodine®1200, Alumiprep° or equivalent or blast lightly with fine abrasive. Galvanizing - Remove oil or soap film with detergent or emulsion cleaner, then use zinc treatment such as Galvaprep® or equivalent or blast lightly with fine abrasive. Not recommended over chromate treated galvanizing. Concrete - Acid etching (ASTM D4260) or abrasive blast (ASTM D4259) new concrete cured a minimum of 14 days. Application Data Applied over Steel, concrete, aluminum, galvanizing Mixing ratio (by volume) 1 part resin to 1 part cure Environmental conditions Air and surface temperature 20° to 120°F (-6° to 49°C) Surface temperatures must be at least 5°F (3°C) above dew point to prevent condensation. At freezing temperatures, surface must be free of ice. Drying time (ASTM D1640) (hours) touch °F/°C 120/49 90/32 70/21 50/10 32/0 20/-6 Amerlock 2 0.5 1 2 8 24 48 Amerlock 2AL 0.5 2 3.5 11 30 — through Amerlock 2 1 2 4.5 13 38 96 Amerlock 2AL 1.5 3.5 7 17 48 — Amerlock 2 cure to immersion* (days) 1 2 3 7 21 — *non -potable water Thinner Amercoat 8 or 65 Equipment cleaner Thinner or Amercoat 12 °F/°C Recoat/Topcoattime 90/32 70/21 50/10 minimum (hours) 1 3 6 RecoaVropcoat time @ 70°F (21°C) System Maximum time Amerlock 2/Amerlock 2 1 month Amerlock 2/Amershield or 450H Series 1 week Amerlock 2/Amercoat 5405 1 day Amerlock 2AL/Amerlock 2AL 2 weeks Drying times are dependent on air and surface temperatures as well asfilm thickness, ventilation and relative humidity Maximum recoating time is highly dependent upon actual surface temperatures - not simply ambient air tempera- tures. Surface temperatures should be monitored, especially with sun -exposed or otherwise heated surfaces. Higher surface tempertures shorten the maximum recoat window. Note: Ifmaximum time is exceeded, roughen surface. For topcoats (finish coats) not listed, see Product Data sheet for specific topcoat time limitations. Pot life (hours) °F/°C 90/32 70/21 50/10 32/0 Amerlock 2 unthinned 0.75 1 2 4 Ih pint thinner 1 1.5 2.5 5 Amerlock 2AL unthinned 0.5 0.75 1.5 — Ih pint thinner 1 1.25 2 — Pot life is the period of time after mixing that a five -gallon unit of material is sprayable when thinned as recommended Mixture may appear fluid beyond this time, but spraying and film build characteristics may be impaired 2 PDS/AI Page 2 of 3 Application Equipment The following is a guide; suitable equipment from other manufacturers may be used. Changes in pressure, hose and tip size may be needed for proper spray characteristics. Airless spray - Standard equipment having a 45:1 or higher pump ratio, with a 0.017- to 0.021 -inch fluid tip. Conventional spray - Industrial equipment, such as DeVilbiss MBC or JGA or Binks 18 or 62 spray gun. A moisture and oil trap in the main air supply line, a pressure material pot with mechanical agitator and separate regulators of air and fluid pressure are recommended. Power mixer - Jiffy Mixer powered by an air or explosion - proof electric motor. Brush or roller - Additional coats may be required to attain proper thickness. Natural bristle brush, 3/8"nap roller with solvet resistant core. Application Procedure 1. Flush all equipment with thinner or Amercoat' 12 before use. 2. Stir resin and cure using an explosion -proof power mixer to disperse pigments. 3. Add cure to resin. Mix thoroughly until uniformly blended to a workable consistency. 4. Do not mix more material than can be used within the expected pot life. 5. For optimum application, material should be from 50° to 90°F (10° to 32°C). Above 122°F (50°C), sagging may occur. 6. Use only PPG recommended thinners. For potable water applications, see current NSF listing at www.nsf.org for approved thinners and thinning restrictions. For other applications above 85°F (29°C) use Amercoat 8 or Amercoat 101, at lower temperatures use Amercoat 65. A small amount of thinner greatly reduces viscosity; excessive thinning will cause running or sagging. Thin cautiously as follows: Amerlock 2 Amerlock 2AL Airless - up to 1h pt/gal 1 pt/gal Conventional -up to 1fi pt/gal 1pt/gal Below 50°F additional thinning may be needed and multiple coats required to achieve specified thickness. 7. To minimize orange peel appearance, adjust conventional spray equipment to obtain adequate atomization at lowest air pressure. 8. Apply a wet coat in even, parallel passes with 50 percent overlap to avoid holidays, bare areas and pinholes. If required, cross spray at right angles. 9. When applying Amerlock 2 directly over inorganic zincs or zinc rich primers, a mist coat/full coat technique may be required to minimize bubbling. This will depend on the age of the Dimetcote®, surface roughness and conditions during curing. 10.Ventilate confined areas with clean air during application and while curing the final coat. Prevent moisture conden- sation on the surface between coats. 11.Repair damaged areas by brush or spray. 12.Clean equipment with thinner or Amercoat 12 immediately after use. Note: Do not apply Amerlock 2AL on water -damp surfaces. ' PPG Protective & Marine Coatings w%vw.PPgPmc.co111 2 PDS/Al Shipping Data Packaging unit 2 gal 5 gal cure 1 -gal can 2.5 -gal can resin 1 -gal can 2.5 -gal in 5 -gal can Shipping weight (approx) lbs kg 2 -gal unit Amerlock 2 cure 12.8 5.8 Amerlock 2/400 resin 13.7 6.2 Amerlock 2AL resin 11.0 5.0 Amerlock 2AL cure 13.3 15.9 5 -gal unit Amerlock 2 cure 33.0 15.0 Amerlock 2/400 resin 35.0 15.9 Amerlock 2AL resin 28.3 12.8 Amerlock 2AL cure 34.5 15.6 Shelf life when stored indoors at 40° to 100°F (4° to 38°C) resin and cure 1 year from shipment date. Numerical values are subject to normal manufacturing tolerances, color and testing variances. Allow for application losses and surface irregularities. This mixed product is photochemically reactive as defined by the South Coast Air Quality Management District's Rule 102 or equivalent regulations. Safety Precautions Read each component's material safety data sheet before use. Mixed material has hazards of each component. Safety precautions must be strictly followed during storage, handling and use. CAUTION - Improper use and handling of this product can be hazardous to health and cause fire or explosion. Do not use this product without first taking all appropriate safety measures to prevent property damage and injuries. These measures may include, without limitation: implemen- tation of proper ventilation, use of proper lamps, wearing of proper protective clothing and masks, tenting and proper separation of application areas. Consult your supervisor. Proper ventilation and protective measures must be pro- vided during application and drying to keep solvent vapor concentrations within safe limits and to protect against toxic hazards. Necessary safety equipment must be used and ventilation requirements carefully observed, especially in confined or enclosed spaces, such as tank interiors and buildings. This product is to be used by those knowledgeable about proper application methods. PPG makes no recommen- dation about the types of safety measures that may need to be adopted because these depend on application and space, of which PPG is unaware and over which it has no control. If you do not fully understand the warnings and instructions or if you cannot strictly comply with them, do not use the product. Note: Consult Code of Federal Regulations Title 29, Labor, parts 1910 andl915 concerning occupational safety and health standards and regulations, as well as any other applicable federal, state and local regulations on safe practices in coating operations. This product is for industrial use only. Not for residential use. One PPG Place, Pittsburgh, PA 15272 • Tel: (800) 441-9695 Page 3 of 3 02008 PPG Industries • Printed in U.S.A. • R 6/08 supersedes R11/07 E � A C O pv d :m�m ym T`ca-O 1 . 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E 3 v a w ci w J¢ m a 0 ern^ c D c w c�o� cOD O UMN Al UOMWLLY� � y � p EN�aNMMMo m�e ln��N M: o d d d E - @ �N Q - +I N ae _ `o oo. No:nW N M 1 LE rn^M roto c �� s m 000 O 5 Wl 1 ... 3 oa m a E w c c< c $ Q C mo y 1Om.- ANr�y i¢ O is J Q a L a u E N u d u c�� m N L L '- W «o U m u CO G o N m fn o, E N m mmm a>El r Ea 2 - o �� E.c �N a� yE�noEE EE E$clm B¢s-� c EEEE I I °N�''u E¢¢¢ z::) Wti U m cm n y�°E"A.;y fl o MULTISPEC` 1. PRODUCT NAME Multispec WaterColors 2.MANUFACTURER Multicolor Specialties, Inc. 1200 South Storbeck Drive, Waupun, WI 53963 3. PRODUCT DESCRIPTION Material: Durable, fast drying waterborne decorative multicolor paint for interior and protected vertical exterior applications. Limitations: Freezable and heat sensitive. Requires knowledgeable applicator and specific application equipment. Sizes: Gallons, quarts and 5 -gallon pails. Shipping weight 9.8 lbs. per gallon. Patterns and Colors: Random dispersion of various size flecks of different colors. Mullticolors are manufactured to specification and delivered ready to use. Composition and Materials: Waterbome paint droplets suspended in an immiscible water phase. Suitable applications: Interior and protected exterior surfaces, walls, floors, ceilings, trim and accessories. Well- suited for direct roller or spray application on clean and efflorescence -free cement, cinder block, plaster, stucco, brick, terra cotta, cast stone, and knock down. Can also be applied properly prepared and primed smooth flat surfaces such as drywall, fiberboard, acoustical tile, ceramic, wood, plastic, laminates, glass and metal. Specific high performance primers and clear topcoats must be used for high performance applications such as concrete floors (e.g. garage and basement floors) or countertops. Follow manufacturers label instructions and application guidelines for coatings, equipment and tools. Unsuitable Applications: Not for use in areas with hydrostatic pressure; flexible surfaces subjected to excessive structural movement (such as expansion joints), or exposure to corrosives or high heat. 4. TECHNICAL DATA Finish: Flat. Gloss: 10 gloss units with 60" gloss meter. Coverage: Approximately 50-100 sq. ft. per gallon when rolled and 125-175 sq. ft. per gallon when sprayed. Coverage varies depending on surface texture, porosity, film thickness and application technique. Shelf Life: May degrade under temperature extremes or due to excessive agitation. Manufacturer recommends use within one year from date of manufacture. Dry Time: To touch 2-3 hours at 70" F and 50% humidity; to use overnight; full dry, several days. Drying time will vary according to temperature, humidity and film thickness. Fire Rating: Class A rating (ASTM E-84). Flash Point: Not applicable. Nonflammable. Water Vapor Transmission: Full coat coverage WVP (perms) 2.79 (ASTM D-1653). Shipping Class: Not regulated water -base. Must be protected from freezing. Flexibility: Excellent. No cracking of film over 1/8" mandrel (ASTM D-1737) Film Hardness: HB -H pencil hardness (ASTM D-3363). Self Lifting: Excellent intercoat adhesion (FED STD 141 B Method 6252). Slain Resistance: No stains from mild acids, chemicals, oils or foods (ASTM D-1308). Abrasion Resistance: Taber abrasion 153.9 mgms. Loss/100 cycles CS -10 Wheel 1000 gms. Weight (ASTM D-4060). Washability: Reflectance recovery 95.5% (ASTM D- 4060). Scrub Resistance: 2,350 cycles (ASTM D-2486). Fungal Resistance: No growth (ASTM D-3273). Bacterial Resistance: No growth (ASTM D-3456). VOC Contents: Maximum 205 gm/liter. 1.7 lbs./gal Non- photochemically reactive. Odor: Slight odor S. Application Handling/Storage/Shipping: Care must be exercised in handling. Multicolor paint is fragile. To mix thoroughly stir gently with paddle. Do not mix mechanically. Vigorous agitation may break down color flecks and change color. Do not freeze or store over 100°F. Close container tightly after each use. Do not store in unlined metal containers. Surface Preparation and Priming: Surface must be in good condition and free of efflorescence and contaminants. Surface should be clean and dry. Multicolor can be rolled or sprayed directly on certain textured or porous surfaces such as concrete block. Highly porous substrates will decrease spread rate. Prime with appropriate primer/sealer/stain killer required for surface. Prime with appropriate primer/sealer/stain killer required for surface. Use Zinsser BullsEye 123 Primer for bare or painted metal, concrete and substrates containing light stains. For deeper colors use Zinsser Deep Tint. Use any Zinsser Cover Stain primer for bleeding woods such as cedar, redwood and substrates containing water stains. For further details refer to Application and Equipment guidelines packed in carton or call MSI. For roller application over smooth or previous primed surfaces, always apply SE -1 White Basecoat. Warningl If you scrape, sand, or remove old paint, you may release lead dust. LEAD IS TOXIC. EXPOSURE TO LEAD DUST CAN CAUSE SERIOUS ILLNESS SUCH AS BRAIN DAMAGVE ESPECIALLY IN CHILDREN. PREGNANT WOMEN SHOULD ALSO AVOID EXPOSURE. Wear a NIOSH -approved respirator to control lead exposure. Clean up carefully with HEPA vacuum and a wet mop. Before you start, find out how to protect yourself and your family by contacting the National Lead Information Hotline at 1 -800 -424 -LEAD, or log on to www.epa.gov/lead. Reduction: Ready to use. If reduction is necessary add water in small increments (3-4 liquid ounces per add). Do not add thinners, reducers or solvents which will destroy paint. Application Guidelines: Final finish may vary from standard due to variations in paint, equipment, pressure settings, technique and substrate. Always evaluate color, pattern and paint delivery rate mock-up test area while using specific bath of paint with equipment selected for job and be certain that mock-up meets with the approval of specific prior to beginning the job. Once approved, the mock-up should serve as the standard for the job. Color standards and film properties can only be attained when application is full coat coverage. Follow equipment manufacturer's instructions for use and maintenance of equipment. Observe all warning statements relating to both paint and equipment. -Paint will have a bluish -white cast when first applied and heavier texture when rolled. Allow to dry thoroughly for proper color and final appearance. -Avoid application during periods of high humidity and/or when temperature of paint surface or air is below 60"F or above 100°F. -Remove all filters and strainers from spray equipment. -Do Not Use pressure pot agitator, siphon -type or gravity feed guns or airless spray equipment. -Use paint with same batch number for specificjob. There may be slight differences between batches. Roller Application: For best results on unpainted surfaces, first prime before applying SE -1 White Basecoat. Basecoat can generally be applied directly to previously painted surface without priming. Follow Basecoat label instructions. For roller application, use Multispec Special Roller Cover and Corner Roller. Only specific open cell reticulated foam rollers will work properly. Use roller frame with a paint shield for spatter protection if desired. Load roller fully and evenly with Multispec WaterColors multicolor and apply liberally. Spread on area comfortable to reach (3" X 3"). Apply vertical strokes, alternating top to bottom strokes with bottom to top strokes, reloading roller between strokes. Then, without reloading roller, cross hatch the same area. rolling back and forth with horizontal strokes. If necessary, re -roll the same area diagonally to distribute multicolor evenly over surface in order to minimize lap marks and blend together edges of adjacent applications. When multicolor application appears to fully cover area being painted, move on to next section. Once paint area has started to dry, do not attempt to repaint or touch up area. If completed application does not have a uniform appearance, let dry overnight and recoat or touch up. NOTE: -Practice applying multicolor before starting project. -Multicolor will appear to be heavily textured until dry -First use comer roller for comers and difficult to roll areas, then roll over these areas using 9" foam roller. -Too much pressure on roller or too much rolling may damage color flecks and change multicolor appearance. -Start rolling from unpainted toward painted areas whenever possible. Roll gently. -Fast strokes cause paint to spatter. -Avoid rolling on partially dried areas to avoid lifting. -For best results, apply when temperature of paint surface and air are between 60°-90" F at low humidity. Spray Application: For spray application use in an HVLP 4 stage turbine equipment with pressure pot and a 2.0 mm or larger projector set; or an ASME dual regulated pressure pot with an HVLP gun with a 1.7 to 2.2 mm fluid tip setup. Ask dealer for spray equipment guidelines. Sample standards are sprayed with an ASME dual regulated pressure pot with an HVLP spray gun and a 2.0 mm fluid tip setup. Remove all filters and strainers from equipment. Maintain uniform distance of approximately 12"-18" between the gun and surface. Adjust equipment and distance for best results aim spray gun directly at surface (spraying at an angle will distort pattern). Spray horizontal strokes, overlapping each previous stroke by 50%. Then cross hatch the same way with vertical strokes to eliminate any lap marks. Begin spray stroke before triggering and release trigger before stroke is completed. Note: Application must be full coat coverage. If not properly applied, the following will occur: uneven appearance, picture framing, lap marks, unsatisfactory touch up and diminished properties. Spray application has slightly different appearance (finer pattern and smoother finish) than roller application. Prepare a mock-up using specific paint and equipment for job in an inconspicuous area prior to proceeding. Top Coating: Can be clear coated with Piloshield or Multispec MCT to facilitate subsequent cleaning, enhance durability and impart gloss. For floors, work surfaces and heavy duty applications use high -build, two component polyurethane or epoxy clear topcoat. Touch up: For small touch up use large pore sponge to dab on multicolor. If necessary, roll over dabbed on area to level Multispec WaterColors. For larger areas or spray applications, duplicate original application. Basecoat not normally needed when re -rolling over Multispec WaterColors. For best results repaint from comer to corner. Cleanup: Wash roller thoroughly with warm soapy water immediately after use. Flush spray equipment with water. Precautions: DO NOT BREATHE SPRAY MIST. Wear an appropriate respirator (NIOSH/MSHA APPROVED) SAFETY GOGGLES AND GLOVES. Use adequate ventilation. Avoid breathing dust when sanding. Wear NIOSH approved respirator. DO NOT TAKE INTERNALLY. KEEP OUT OF REACH OF CHILDREN. HMIS Rating: Health 1; Flammability 0; Reactivity 0; Personal Protection 1. 6. AVAILABILTY AND COST Availability: Available in the United States and several foreign countries. Cost: Prices vary depending on order quantity and color complexity. 7. NOTE Multispec WaterColors is sold without warranty expressed or implied. Liability shall be limited to replacement of product. Multicolor Specialties, Inc. shall in no event be liable for consequential damages. This product will perform as claimed if applied according to our directions. The directions apply to most applications but may not cover special conditions, applications, techniques and/or surfaces. 8. MAINTENANCE Wash as required with a solution of mild detergent or use a mild abrasive. Should unusual soil or stain problems occur, contact manufacturer for instructions. ©2012 Rust-Oleum Corporation rustoleum.com xxxxxx 0312 EXHIBIT C INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance and, if necessary, umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products - completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented Streetlight Restoration Specialists, Inc. Page C-1 vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor sixty (60) calendar days advance written notice of such change. If such change results in substantial Streetlight Restoration Specialists, Inc. Page C-2 additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Agreement Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. F. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. G. City Remedies for Non -Compliance If Contractor or any sub - consultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. Streetlight Restoration Specialists, Inc. Page C-3 H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. I. Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Streetlight Restoration Specialists, Inc. Page C-4 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 10/30/15 Dept./Contact Received From: Joan Date Completed: 11/3/15 Sent to: Joan By: Chris Company/Person required to have certificate: Streetlight Restoration Specialists Type of contract: All Others I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 4128/15-4/28/16 A. INSURANCE COMPANY: Atain Specialty Insurance Company B. AM BEST RATING (A-: VII or greater): A:VIH C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes E No D. LIMITS (Must be $1 M or greater): What is limit provided? 1,000,000/2,000,000 E. ADDITIONAL INSURED ENDORSEMENT— please attach E Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must (What is limits provided?) include): Is it included? (completed Operations status does F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste not apply to Waste Haulers or Recreation) E Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND G. HIRED AND NON -OWNED AUTO ONLY: COMPLETED OPERATIONS ENDORSEMENT (completed H. NOTICE OF CANCELLATION: Operations status does not apply to Waste Haulers) E Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? E Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? E Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes E No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): E N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A E Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 2/11/15-2/11/1 A. INSURANCE COMPANY: United Financial Casualty Company B. AM BEST RATING (A-: VII or greater) A+:X C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): E N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes E No H. NOTICE OF CANCELLATION: ❑ N/A 0 Yes ❑ No II1. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: Signed WC Emption Form 11/2/15 A. INSURANCE COMPANY: B. AM BEST RATING (A-: VII or greater): C. ADMITTED Company (Must be California Admitted): D. WORKERS' COMPENSATION LIMIT: Statutory E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) F. WAIVER OF SUBROGATION (To include): Is it included? G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: H. NOTICE OF CANCELLATION: ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? 0 Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 11/3/15 Date ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ❑ N/A ® Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than ; Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Risk Management approval needed for the non -admitted status of GL carrier. Approved by Sheri 11/2/15. Approved: Risk Management * Subject to the terms of the contract. STREE-3 DP ID: KG llk. P CERTIFICATE OF LIABILITY INSURANCE �� DA10119/2015 0119/ D 5 ) 1 017 91201 5 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 ORPRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) 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 Sevls�nIlipslnsurance ACT Chenoa Phillips cN,01E urr4B4-101 E6N.,.916-484-10118rcelc E-MAIL ADDRESS: 2848 Arden Way Ste. 110 Sacramento CI{ 95825 ChenoaPhillips WSURER:S) AFFO RON 0 COVEFM E NAICN INSURER A: AtainSpecialty Insurance Co. INSURED Streetlight Restoration INSURERS: United Financial Casualty Co. Specialists, Inc.'Attn: Brian 2828 Coch ran Street Unit 360 INSURER C: 0412812015 04/2812016 Simi Valley, CA 93065 INSURER D: NSURERE: SORER F: COVERAGES CERTIRCATENUN BER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURAN:�E LISTED BELOW HAVE BEEN ISSJED TC THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERN OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY -HE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. lR TYPE OF INSURANCEB.10- JIM POLCYNUMEER MMIDDAYW MMR)DIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH CCCURRENCE $ 1,000,00 CLAMSMADE a OCCUR X X CIP247707 0412812015 04/2812016 cAMAO- 100,00 PREMISES Ea ocxurwen$ MEDE>P(AnYoneperson) $ 5,000. PERSONAL &.AD'J InJURY $ 1,OOQOO GENLAGGRE3ATE_IMIT4PPLIESPEF: GENERALAGGREGATE $ 2,000,00 X POLICY JE� LCC PRODUCTS- COIAPIOPAGG 1 2,000,00 $ 071ER AUrOMOBILELIABIUTY CONBIVEDSINGLE_IMT Ea $ 1,000,00 eccideirci BODILY INJURY(=er PosoU $ B ANY AUTO 035082470 /3211112015 0211112016 AL_OWNED X SCHEDULED AUT AUTOS BODILY INJURY (�erar_itlenry $ PRar ecaEeI1DAM.AGE $ HIRED AUTOS AUTOSry N_D UMBRELLA LIAR Occur EACH OCCURRENCE $ AGGREGA-E $ EXCESS BAB CLAIMS -MADE DED I RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY At,Y FRCPR ETORPARTAEREUXJEUTNE YIN OFFICERIMEMEEREY LUDED NIA STATUTE ER EL. EACH ACCIDENT $ EL. DISEASE EA EMPLOYEE $ (Mandatory in NH) IN,es cl scrioeuncer DESCRIP7I0N OFOPERATIONS belay EL. DISEASE POLICY IMIT 1 $ DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101. Addibonel P.emarles Schedule, may be aehehed'rf more space is required) Certificate holder is named as additional insured_per attached endorsement Coverage is primary per attached endorsement. Ten days notice of cancellation for non payment of premium, Thirty days all other. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2014101) ,D 1988.2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Df Newport Beach City P THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Operations Support Super. Municipal Operations AUTHORIZED REPRESENTATIVE 100 Civic Center Drive Newport Beach, CA 92658 p-1 ACORD 25 (2014101) ,D 1988.2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIARILIIY CG 203304 13 THIS ENDORSEMEN7 CHANGESTHE PGLIIl PLEASE READIT CAREFULLY. ADDITIONAL INSURED-OVVNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS WHEN REQUIRED IN CDNSTRUCTION AGREENIENTWITHYOU This endorsement modifies insurance prodid e l .ind er the following: COMMERCIAL GENERAL LIABILITYCOVERAGEPART A. Section II - Who Is An Insured is amended to include as an add itiona I insured any person oror- ganization for whom you are perferrning cpera- tions when you and such person or organizwion have agreed in writing in a contractor agreement that such person or organization be added as an additional insured on your policy. Suci Denson or organization is an additional insured cny with re- spectte liability for"bodily injury", "property darn - age" or "personal and advertising injury" caused, in whole or in part, by: 1. Your actsoromissions; or 2. The acts or onissions of those acting on your boholt in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such acditional insured: 1. Only applies to the extent pernited by law, and 2. Will not be broader than that which you are re- q uired by the contractor agreement to p rocide for such additional insured. A person's or organization's status as an addi- tional insured underthis endorsement eidswien your operations for that additiona insured are completed. EL With respect to the insurance afforded to these ad- dtional insureds, the following additional exclu- sionsapply: Tiis insirance does not appy to. 1 "Bodiyinjury"property damage" or "personal aid advertising injury" arising out of the ren - call of, or Jhe failure to render, any profes- siona architectural, engineering or surveying services, including: a Tie preparing, approving, or failing to p-eaare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders, change orders or drawings and specifications. or b. Supervisory, inspection, architectural or eigineering activities. Tiffs excluson applies even if the clairns against any insured allege negligence or other wrongdoing in the supervision, hiring, emplcyment, training or rronitoring of others by that insured; if the "occur- rence" which caused the "bodily injury" or "prop- ety damage", or the offense which caused the "personal and advertising injury", involved the ren- dBiring of or the failure to render any professional a,chitectural, engineering orsurveying services. CG 2033 0413 Copy right, Insurance Services Cffice, Inc., 2012 Page 1 of2 2. 'Bodily injury" or'prope rtydariage"occ.irring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other :han serv- ice, maintenance or repairs) to oe per- formed by or on behalf of :he acdtional insured(s) at the location o' the covered operations has been competed; :)r b. That portion of "your wor<" out of which the injury or damage arises has been put to its intended use by any person or or- ganization ether than another contractor or subcontractor engaged in perfo-ming operations for a principal as a part of the same project. C. With respect to the insurance afforded to these ad ditio r a I insureds, the following is added to Sec- tion III -Limits Of Insurance: Tie nostwe will pay on behalf of the additional in- su red is the amount of insurance: 1 Rs ired by the contract or agreement you have entered into with the additional insured; o- 2 Available urder the applicable Limits of Iri ahce shown in toe Declarations; whit hecer is less. This endorsement shall not increase the applicable Limits of Ihsurance shown inthe Declarations. Page 2 oft Copy right, Insurance Servicaa office, Inc., 2012 CG 20 33 04 13 POLICY NIU M BER: C I P247707 COM M ERCIAL GENERAL LIABILITY CG 24 04 0509 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided urderthe following: COMM ERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/ COMPLETED OPERATIONS LIABI LIT( CCVERAGEPARr SCHECULE Name Of Person Or Organization: AVY PERSON OR ORGANIZATION WITHWHD1I THE INSURED HAS AGREED CO 'NAIVERIGHTSGFRECOVERY,PROVIDED SUCH AGREEhL NT [SMADETNWRITING AND PRIOR TO THE LOSS The following is added to Paragraph 8_ transfer 01 Rights Of Recovery Against Others To Us :)f Section I'✓ Conditions: Wewaive any rightofrecoverywe may haveagan=_t the person or organization shown in the Sciedde abcve because or payments we mace ror injury or damage arising out of your ongoing operations cr 'you, work' done under a contract with that person or orcanization and included in the "products completed operations hazard". This waiver applies only to the person or organization shown in the Sched ule above. CG 24 04 0509 In sA rance Services Office, Inc.; 2005 Pagel of t CITY OF NEWPORT BEACH CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE I hereby certify that in the performance of the work for which this Agreement is entered into, I shall not employ any person in any manner so as to become subject to the Workers' Compensation Laws of the State of California. Executed on this 16th_ day of October , 2015 at Camarillo, California.. (Consultant's Signature)~ Brian Michael Moran —President (Print Consultant's name and title) ENDORSEMENT This Endorsement Chang esthe Policy- Pie ese Reed it Carefully PRIMARY AND NON-CONTRIBUTING INSURANCE (Third -Party's Sole Negligence) This endorsement modifies irsurancep-ovidei underthefolbwing. COMMERCIAL GENERAL LIABILITY COVERAGE DART OWNERS AND CONTRACTCRSDRCTECTIVE LIABILTY COVERAGEPART PRODUCTS( COMPLETED OPERATIONS LIABI_ITY COVERAGE PART RAILROAD LIABILITY COVERAGE PART BUSINESSOWNERS LIABUTY COVERAGE FORM The fallowing is added to Section IV -Com merc al General L ab iliry Cord tions, Paragraph 4. SectiorlV: Commercial General LiabilityConiricns Other Insurance, d. NoNvitirstandin g the provisions of sub -parag rap hs a, b, a rid c of this paragraph 4, with respect to the Third Party shown below, is is understood and ajraed that in the event ofa claim or"suit" arising out ofthe Named hsurec'ssole regligence,this irstrance shall be primary and any other insurance maintained bytheaicitionalirsurednarred asthaThird Party below shall be excess and non-contributory. The Third Part. to whom this endorsement applies is: ANY PERSON OR ORGANIZAT-ON WTTH VyF0M THE UST -RED HAS AGREED BY WRITTEN CCNTRACT TO PERFCRVI SERVICES AND PRIOZ TO ANY LOSS THAT ARE WITHIN TEE TERNISAND CONDITIONS OF -HIS POLICY "O WHICH THIS FOnt IS ATTACHED Absence of a specifically named Third Patyabove meansthattheprovisionsofthisendorsement apply "as required by written contractual agree nentwith any Third Party for whom you are performing wo rk." All other terms and conditions of this policy remain uncharged. This endorsement is effective on :he ncepton date of the policy unless otherwise stated herein. (The information below is required only whet the endorsement is issued subsequent to preparation of the policy) Policy Number. CIP247707 Named Insured: STREETLIGHT R ESTORATICN SPECIALIST INC Endo rsement Effective Date: Endorsement Serial No. AF 001397 07'2 Includes copyrig Med material oflneurance Services C11Tce, Inc. whhits permiesion Copyriy ht, I ne c ran ce Services Office, Inc. 1994