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C-8681-1 - On-Call M/RSA for Custom Sign Fabrication, Installation, and Repair Services
COlrl`� !1111 01,.w'}1''" .1 I !adG � &.ai. CII MENSIONS Outdoor Dimensions, LLC 5325 E Hunter Ave. Anaheim, CA, 92807 Phone: (714) 578-9555 1 Fax: (714) 693-5978 Email: ar@outdoordimensions.com Web: www.outdoordimensions.com BILL TO: CITY OF NEWPORT BEACH ATTN: ACCOUNTS PAYABLE 100 CIVIC CENTER DR BAY D 2ND FL NEWPORT BEACH CA 92660 CUSTOMER P.O. NO. CONTRACT 21049 ORDERED BY Kevin Pekar TERMS Net 30 SO NUMBER S0017763 Invoice Date: Due Date: Customer ID: Location ID: Contr PROD I MARI NEWT SALESPERSONID DANIELLE P ORIGINAL QT NUMBER COI QT019847 License #: 1042246 'S MILE T BEACH CA 92660 0528005 09/30/2023 10/30/2023 01202 1202-0021 USD SALES SUPPORT VICTOR BETANCOURT ION METHOD COMPLETE DATE 9/21/2023 NO. ITEM DESCRIPTION QTY. U M UNIT PRICE EXTENDED PRICE 1 SN-MON S/F MONUMENT SIGN 1 E $12,475.00 $12,475.00 2 PE -DWG P&E - Engineered Drawings / Calcs 1 E $500.00 $500.00 3 PE-CPF P&E - City Permit Fees 1 E k $2,800.00 $2,800.00 4 PE-LTP P&E - Labor to Permit 1 E k $650.00 $650.00 5 PE -DWG Traffic Control Plans 1 E k $650.00 $650.00 6 IN-GEN INSTALLATION 1 E $6,975.00 $6,975.00 DATE: LEI I t PO/R # (if any): BUDGET #: AUTH. SIG: _ CONTRACT#8681-1 1 PW ales Total: $24,050.00 Fax Total: $966.82 Fax Zone: CA ORANGE CNTY TAXABLE otal (USD): $25,016.82 Page: 1 of 1 MARINERS' A M I L E NEwFORiT, BEA;G: 3 �1/2° 1' 1 6 FRONT VIEW 44.33 SO FEET SIDE VIEW T DD0'CLIENT.Pi. DIMENSIONS REVISIONS' 4,1211-1DN 112/22121-25 ®02102122F5.25 006/22/220N.25e051 22AEN.5 ®12-22AEN.25e PRQOf: o—t 6 6 ® ® ® 6 C5325 E. HUNTER AVENUE LIENT APPROVAL- (pl.—Check Roxl ttDA 5h71AN,E AIXXDWLFDG6 Rt. APPROVAL Of DEM IM N ❑ AS SHOWN DRBItDMS FRTA N.WDIbIBERYNPEAPDNNtUPNOTo616NNNNF OlO PEPIGSFX W NE DF ACILL4L PF4 Oltpi GLL p11S. NIOl O1lDA W I( WITH CHANGES CUENTSIGNATURE DATE OIETe RWRABsm. S/F MONUMENT SIGN 1� TO REUSE EXISTING SIG NAG -REFINISHED AND PAINTED .VERIFY CONDITION OF SIGNAGE PRIOR TO PRODUCTION 2� ALUMINUM CONSTRUCTED MONUMENT SIGN -1-1/2" SOTUBE FRAME -4"X4" SO TUBE FRAME .2" SO TUBE FRAME -1 " SO TUBE FRAME -1/8" ALUM SKINS 0 3" TALL PIN MOUNTED COPY -PAINTED -PURCHASED FROM GEMINI -USE EXISTING LETTERS- REPLACE R,LC ONLY -FONT: ARCHITECTURAL PRISMATIC FACE ❑4 4"O.D., 3-1/2"I.D. ROUND STEEL FOOTING POST, EMBEDED IN CONCRETE DEW 343 PEARL NECKLACE ©■ PMS 7533C © PMS 7573C -0■ PMS 541 U i 3 Z PER LOGO ART ."GOLD'FINISH MONUMENT STRUCTURE -PAINTED STUCCO FINISH PROPOSED ELEVATION (NTS) DATE: 12/01/21 IM ® ® © �REP;DFA DESIGNS ARE THE PROPERTY DT ODTDOOR DINENEONS —L WORKING PURCHRSED BY CAIENT. CONCEPTS: jiiDRAWING: PROOF. KX e 1.0 1o' "0" -a' 6 24„ ' I FRONT VIEW -DETAILS: MONNUMENT �- 36" � 36 Z� 2 NO- 9'-3 3/4' 20 3/is' 41 T/a" 3 I FRONT VIEW - DETAILS: FRAME F00,nNG - - SOIL _—...—__ SIDE VIEW 2 I ASSEMBLY EXPLODED VIEW - WITH LOAD PATH N.T.S. I I 20 Vz" 13 Vz" U \� 112 DIALA. GALV. ST'L \��THRJ-ROLT 10,01, 1- D.DIA. 4„ STD. STL TL PIPE W 41 FRONT VIEW - DETAILS: BASE i1`"1OUTi�OOR • PORBEACH (�J©IMENSIOIUS REVISIONS Q1oF1522xB10e12o5l22AEN.5 ®12/9nnEx.25 Q io6l23nEx.zSe ® PROOF: a",w1 e A5325 8 E. HUNTER AVENUE CLIENT APPROVAL: 1➢Hasa Check B➢4 AS SHOWN RSMNUI[AIXXEY/I®li SDXNPIESFmNNE0FAt1NAtTl ❑WHHCHANGES CLIENT SIGNATURE DATE OIU EIETONPIHIRIS LSID. Al 6 S/F MONUMENT SIGN TO REUSE EXISTING SIGNAGE -REFINISHED AND PAINTED -VERIFY CONDITION OF SIGNAGE PRIOR TO PRODUCTION �2 1/2' TH ICK ALUM PAINTED ACCENT -N10 PIN MOUNTED -1/16" DEEP ROUTED COPY W/ PAINTED INFILL 3� 3" TALL PAINTED COPY -PURCHASED FROM GEMINI -PIN MOUNTED 4� .125X2"ALUM SO TUBE FRAME -1/8" ALUM SKINS 5❑ .125X 1.50" ALUM SO TUBE FRAME -1/8" ALUM SKINS © 1/8" ALUMINUM PANEL �7 .125 X 4" ALUM SQ TUBE FRAME ® .125 X 1" ALUM SO TUBE FRAME 9� .125X2"X8" ALUM REC TUBE FRAME 18 4"O.D., 3-7/2"1.0. ROUND STEEL FOOTING POST, EMBEDED IN CONCRETE MONUMENT STRUCTURE -PAINTED STUCCO FINISH O ❑DEW 343 PEARL 0 ■ PMS 541 U 1 NECKLACE ©■ PMS 7533 C DE Z PER LOGO ART © PMS 7573C OF _ "GOLD"FINISH COLORS: TO BE PROVIDED/APPROVED BY CLIENT PRIOR TO PRODUCTION SADDLE DETAIL - W/ LOAD PATH WELDING DETAIL 5 6 N.T.S. N.T.S. 1 DATE:12/22/21 ® ® ® © 8 SALES REP: DP DESIGNS ARE THE PROPERTY OF DESIGNER: XPB WHML OOTDOORDSHENSSONSUNT2t ➢uxcxASEo BY cuENr. WORKING CONCEPTS: DRAWING: PROOF: XX 1.0 RT 1.5" x 1.5" x 0.125" ALUM. SO. TUBE, TYR 1/S" It� TYR _ I A CONSOLAWTEU �__ CONC.Fb2500 PSI 6• ----------- - - - - - - t•�-24•DIA.—'1 ELEVATION N.T.S. TYP. ],S OV.,, tg220' stn sn PwE — 1 x x Od 25 LIT GALV. Srl. M . , T MUM, SO TA%E. TYP, NOTE' FRMIL WELDIJB T- U-S THRU-Bq.T, TYP. SEE DETAIL SEE T 1,Sx i5` z D, 125 —., Lb228' ALUM. SO. TUBE. TYP. STD, S STD, srL PIPE 11'd UADTH xT8't£ z a THx, caNC. NDW s-rnR � q C2 CENECTION �RPLAS) N.T.S. RT 1.5x 1,5 x O.i25 ALUM. SO, TUBE. TYP, TYR. o WELDING DETAIL N.T.S. GENERAL: STEEL: • $ION DESIGN M SASEO ON ADEQUATE EXISTING SUPPORT ELEMENTS. DESIGN AND FABRICATION ACCORDING TO.11 CBC i COAT XLUMiWM IN CONTACT VMTH CONCRETE WTHZINC RICH PAINT, WIDE FLANGE:-1. AS42 ^, THERE IS NO PROTECTION20NF, AS DEFINEAINNSC Snide. '"DE FULLY WELDEDENDCAPSATE%POS£OORENENDS ROt.WO PIPE— A53.RNSE B OR EQUIVALENT, OF STEEL A ALUM. TUDES, MATCH D.C.— UKE FOR LIKE. HSS ROUDND,SQUARE. AND RECTANGULAR TUBE: MT. ASIX)GRADEe OR EGUIVALENT. .� SLOPE TOP OF EXPOSF.O FOOTING AWAY FROM DIRECT BURIAL POSTS ALL ANCHORS BOLTS SHOULD BE: ASTM Fi SSI O�Z ALL EXPOSED STEEL TO BE PRIMED a PMRTED (PONSDER COAT AS AN Al STEEL MACHINED DOLTS SHOULD BE, ASTM —1 OR AST. AAeS OPTION) OR ALTERNATIVELY USE --ZED STEEL, µ1 STAINLESS STEEL MACHINED BOLTS SHOLN.D BE: AST. 1. rN'V ANCHORS' BRAND NAME APPROVLTI POST ALL BOLTS TO BE ZINC COATED; ASTM M, INSTALLED ANCHORS SPECIFIED ON PLANS MAY BE SUBSTITUTED BY APPROVED EQUAL, OEFORME➢ M REINFORCING RESAR: ASTM ,S q ESO. ALUMINUM: DESIGNANO PASMCAVON ACCORDING TO 2015 ALUM. CESIF-MANUAL PLATES, NYN,ES, CNANNE4S, TEE, ANO SQUARE TUBING' ALUMINUM AU.OY b6N1-TB IMTH II.LBS PER CUBIC INCH. MiW.11itfc,mNi SHEET TOLE: P.Q. BDX SM050X&AoRk Fv'- SANTAIXARIFAi.A91�(I R=��.(Eoa�2 -omo FAX,(661)25s-090n DR08�VIR] RN ae� PLO 11s o DtoL x CITY OF fi' BEACH i>• DIMENSIONS REVISIDNS A © A a ® A A L• A1zTe,zznEx.zs ® ® A CLIENT APPROVAL IN —Check Box) YMN NIAMNENK"UJIGLS PILLAPPRWAL F(IM IANWTND GMARO, FHFASW6 MUM ❑AS SHOWN GN9YGtlM5 iPORd PE&ONSI9IIIYNAFGAPL 19MIR (MSGNNp NFORM1DN11EfMORS9gYlNME LBO NFPIERRNNEFRIUALPIA MLSDILL R.HIMMNNW118EMATMASMOSEASRDIME ❑WITH CHANGES CLIENT SIGNATURE DATE WETO MOpWSN�. ANRN Kx..X.v'X. �mk zxcg as sr, vAae Pw 4su 4 , - �,ct«,a ,�aervaTPwNx+r PE9Irw+1NNa+r Ml,rw,LL se.w. 0.egrt Wir+i F.uiu, . Duyn Wi.A Nu Dwm I • FPaii Da ' Itfc�gi5:.a tklll ' .� � e.i """ i Wmw Ar t _MdE1 x 3 9 FT icv:. Mx aa;'S E ` . aE .. IMA, 0itt XD. P P, FY- iSXuT P. is �"S IN' F— OvO, AT 1— - WELDING: _-. GINJCRETE' ST DESIGN AND --TO. ACCORDING TO AVUS DA.T. IDS COMPRESSIVE STRENOTN AT 200AY5. f'c•25LM RSi •A'N$CERTFICATIONAEOLNRED FOR AlI ST'RUCNML WELG£diS, MINIMUM. Ero XX ELECTR0DE FOR SMAW PRDCE$S. • ET0.N %X ELECTRODE FOR OMAW PROCESS. CE.ENT TYPI', OR IV, Ydt MTIO O,AS BY W£IOIR FOR • ERT %X ELECTRODE FORPIER gTAWRROCE55, ANO CNSSONR FDR PROCESS. FOOTINGS CONCR£TEMUST BE ROUREO AGAINST L WELDS SHALL BE MACC WITH ALLWELOS SHALE. BEINSVUMp1AFILIERMETATTHATOUG CASS.11 CE VNNiA N. OST MINE CHAIb+YV-NOTIATEA HSCLAS 2ICATI "WAIN MINIMUM MINIMUM YCONCAEIE LY,VER OVER ALL TAT -W CSTE AESTm AS DETERM&aRtriCATI APPROPRIATE AM A5 CLASSIFICATION OR MFG'S. CCRTIFICATION, BEDDED EMBEDDED STEEL, INETf+6➢ ALUMINUM SOL. DESIGN AND FABRICATION ACCORDING TO AWS 01a,N WELIXNG IN LATERU SOIL BEARING PER IBC CLASS A TABLE t Wj II SS ACCORUANCE"—THE LA'LEST Will-DF THE'AWS A5,1q PSFRFG, MODIFIED PER SECTION tNXV1.4. MILER ALLOYS PER TABLES M.BI A M.L2 OF.15 AL 1W.DESIGN MANUAL SCALE As sHoM+ s _ NErR�TTeLw.acoAST Hrrc. Le Graq ON ,2�82D22,23]a]P PE>,�RT�ADRLA. 1 aF 1 aRINERS MILE DATE:10/18/22 ® ® A ® A A N SALES REP: DP DESIGNS ARE THE PROPERTY OF DESIGNER: XPB OUTDCORDAT ENSIONSUNTIL PURCHASEDBYCLIE1. WORKING CONCEPTS: DRAWING:Li PAR _ XX DIME NI SIONS Outdoor Dimensions, LLC 5325 E Hunter Ave. Anaheim, CA, 92807 Phone: (714) 578-9555 1 Fax: (714) 693-5978 Email: ar@outdoordimensions.com Web: www.outdoordimensions.com BILL TO: CITY OF NEWPORT BEACH ATTN: ACCOUNTS PAYABLE 100 CIVIC CENTER DR BAY D 2ND FL NEWPORT BEACH CA 92660 Invoice 0527865 Date: 09/29/2023 Due DE te: 10/29/2023 Custor ierID: 01202 Locati n ID: 1202-0004 Curren y: USD License #: 1042246 IRVINE JERRACE PARK NEWPO T BEACH CA CUSTOMER P.O. NO. TERMS SALESPERSON ID 8681-1 Net 30 DANIELLE P ORDERED BY SO NUMBER ORIGINAL QT NUMBER COMP Rich Trevino 30024639 QT025376 NO. ITEM DESCRIPTION QTY. 1 SN-CUSTOM S/F PROJECT I.D. (FACE ONLY) 2 2 IN-GEN REMOVAL / INSTALLATION 2 Remove existing sign faces and install new at project site. DATE'1U DEPARTMENT: PO/R # 0f any): S(061- BUDGET #: AUTH. SIG: NOTE: CONTRACT#8681-1 OD CONTRACT#21049 SALES SUPPORT VICTOR BETANCOURT METHOD COMPLETE DATE 9/29/2023 UNIT PRICE EXTENDED PRICE $4,455.00 $8,910.00 $560.00 $1,120.00 ales Total: $10,030.00 ix Total: $690.53 ix Zone: CA ORANGE CNTY TAXABLE :)tal (USD): $10,720.53 Page: 1 of 1 DIMENSIONS Outdoor Dimensions, LLC 5325 E Hunter Ave. Anaheim, CA, 92807 Phone: (714) 578-9555 1 Fax: (714) 693-5978 Email: ar@outdoordimensions.com Web: www.outdoordimensions.com Contractors License #: 1042246 CITY OF NEWPORT BEACH ATTN:ACCOUNTS PAYABLE 100 CIVIC CENTER DR BAY D 2ND FL NEWPORT BEACH CA 92660 01202 1 DANIELLE P I Quotel QT025376 Date: 7/12/2023 Outdoor Dimensions, LLC reservc s the right to bill and collect payment on any Products and services performed completed or otherwise) by the company with notification unless otherwise tated in a written contract. Completed products that have not been insta ed or shipped to client are held for the stated project and are not used to any other project without client approval. IRVINE TERRACE P NEWPORT BEACH i 1 SN-CUSTOM 2 S/F PROJECT I.D. (FACE ONLY) Est #: 54762 Produce per comp A1_0 2 IN-GEN 2 REMOVAL / INSTALLATION Remove existing sign faces and install new at project site in Newport Beach, CA Net 30 Contract Unit Price Ext. PrE $4,455.00 $8,910.00 $560.00 $1,120.00 P e ar alid for 45 days from the date of this contract SaleE Total: $10,030.00 Initial By: Date: eposit: Ta Total: $690.53 The above it re required () working production days. The above prices do not include permits or permitting labor/fees unless noted Tota I Due: $10,720.53 Page: 1 of 1 Outdoor Dimensions, LLC 5325 E Hunter Ave. Anaheim, CA, 92807 Phone: (714) 578-9555 1 Fax: (714) 693-5978 Email: ar@outdoordimensions.com Web: www.outdoordimensions.com Contractors License #: 1042246 CITY OF NEWPORT BEACH ATTN: ACCOUNTS PAYABLE 100 CIVIC CENTER DR BAY D 2ND FL NEWPORT BEACH CA 92660 Quoted QT021740 Date: 11 /2/2022 NEWPORT BEACH P BLIC LIBRARY 1300 IRVINE AVE NEWPORT BEACH CA 92660 1 SN-CUSTOM 1 D/S PROJECT ID MONUMENT (COPY/ $20,650.00 $20,650. Est #: 43198 LOGO/PAINT) Produce per comp ENG1.1 0 2 IN-GEN 1 INSTALLATION $8,755.00 $8,755. Remove existing aluminum panels (Patch and paint monument) and install new cast bronze copy and seal to existing monument at project site in Newport Beach, CA "Prevailing Wage Pk e s Vq for 45days from the date of this contractInitialSale Total: $29,405.00 DatTax Total: $1,600.38 Th�� ve ems are reuired Q working production days. The above prices do not include permits or permitting labor/fees unless noted Total Due: $31,005.38 Page: 1 of 1 COMMERCIAL INK & PAINT DISCLAIMER Information and disclaimer on our products. There are a lot of variables that affect the appearance of color. While every endeavor ha reproduce colors, there may be minor variations in color of the actual product because o ink versus paint colors, finishes, and production. Whenever an object is viewed, the color seen is a result of the color quality of the light sc characteristics of the object. So, when attempting to achieve an accurate color match, cc under one light source and then appear significantly different under another light source. match to true light. Due to the reasons stated above, a reasonable variation in color between the proofs and been made to accurately he types of equipment used, ;e and the reflective s can appear to match Outdoor Dimensions, we completed job will exist. The lifespan of products will depend on the intended environment of the final product, the colors being used, and the amount of direct sunlight exposure. Prolonged exposure to natural or artificial light may a er the color. Darker colors may fade and paint may oxidize over time as a result of prolonged direct sunlight or over xposure to UV light. The purchase of products that contain ink or paint from Outdoor Dimensions, LLC cons acknowledgment of the above, and acceptance of the risks inherent in the use and inst; waiver of any and all claims which the buyer may have against Outdoor Dimensions, LL of these products. :s the buyer's on of these products and a rising from the deterioration 12'-4" 10'-5" 5 /y TL 5"COPY • E P V BEACH PUBLIC L I B i 6 i iNN E 1: 7���TI M (A� R NF C RR N[/'�,T�'yT2'-9 Vz" "K LINE 2: 3"COPY 1300 IRVINE AVENUE 3"TALL 1/2" THK 5 s/a" 311z" REVER5E SIDE IDENTICAL 1 I FRONT VIEW SIDE VIEW 2 SCALE: 3/4" = 1' 0" SCALE: 3/4" = 1' - 0" ©a ©o 3 ISOMETRIC VIEW - DIMENSIONAL COPY q 1 ISOMETRIC VIEW - CITY SEAL PLAQUE ATTACHMENT DETAIL SCALE.NTS SCALE: NTS 5 SCALE: NTS AEVISION$: DIMENSUS Al A, a © e PROOF' I.�"nI—t Al L�. CLIENT APPROVAL: (Please Ch..k B..l ARAA NGXAq➢Y KgAOM®prs fqN APflipVRL AI Bf9Gk UYgII AXp G4IItNI. gfUASHA omB DESIGNS ARETHE PROPERTY OF ❑AS SHOWN pNRI5DX5tfgNN3PONSNNfYINPFGARpi0N6AflSTAFSGNAXONFORN4igX.iNFQY0RS5F4NXAAE oDTDOCRDET1,EPRXSUNTEL EIAYf�AB4AIAA'EOACAALPNSD%gflflll UASFNALQYOPVILLNMNLREDISElOSEAS P0.5SBfE PURCHASED BY CLIENT. ❑WITH CHANGES CLIENT SIGNATURE OATE glFiq NqD uo. D/S PROJECT ID MONUMENT SIGN 0 EXISTING MONUMENT REMOVE BOTH EXISTING SIGN PANELS PATCH DRILL HOLES WHERE NEEDED PAINTED z❑ CAST BRONZE DIMENSIONAL COPY FONT: ARCHITECTURAL PRISMATIC FACE OXIDIZED BRONZE FINISH PIN MOUNTED FLUSH TO MONUMENT FACE 3❑ CAST BRONZE CITY SEAL PLAQUE RAISED SURFACE: FLAT RELIEF POLISHED BRONZE RECESSED SURFACE: LEATHERETTE TEXTURE WITH DARK OXIDE STAIN MATTHEWS CLEAR PROTECTIVE LACQUER PIN MOUNTED FLUSH TO MONUMENT FACE ® SW 7571 CASA BLAN CA © OXIDIZED BRONZE © _ POLISHED BRONZE O ■LEATHERETTE TEXTURE WITH DARK OXIDE STAIN THREADED METAL STUDS W/ INDUSTRIAL GRADE EPDXY DIMENSIONAL COPY EXISTING MONUMENT SIGNATURES ARE REQUIRED PRIOR TO PRODUCTION. SALES REPRESENTATIVE; I DATEANITIAL: SALES REP: OP DESIGNER: AEN ROOF. 1 1.50 OUTDOOR DIMENSIONS Outdoor Dimensions, LLC 5325 E Hunter Ave. Anaheim, CA, 92807 Phone: (714) 578-9555 I Fax: (714) 693-5978 Email ar@outdoordimensions.com Web: www.outdoordimensicns.com Contractors License #: 1042246 Quote QT022542 Date: 1 /31 /2023 Outdoor Dimensions, LLC reserves the right to bill and collect payment on any producls and services performed (completed or otherwise) by the company with nolificalieo unless otherwise staled in a wriaen contract. Completed products that have not been instalied or shipped to ellent are held for the stated project and are not used far any olher project without client approval. 1 SN-iVION 1 SIF MONUMENT SIGN $12,950.00 $12,950,00 Est #: 45665 Produce per comp ENG1.1_0-ENG1.2_0 2 PE -DWG 1 (<m1►Qel;l►il ReuselRefurbish: -Sails -Large Copy: C, O, R, O, N, A, D, L, M, A, R -City of plaque -Small copy: N, E, O, T, B, A, C, H New: -City Seal -Large Copy: E -Small Copy: 1N, P, R, E Traffic Control Plans - Civil Engineer INSTALLATION Install replacement monument on existing concrete footing at project site in City of Newport Beach, CA Concrete footing located in center median of PCH at MacArthur Blvd. $825.00 $825.00 $4,550.00 $4,550.00 Prit r Valw for 45 days from the date of this contract Sales Total: $1$,325.00 Initial By: Date: t Deposit: Tax Total: $1,003.63 The abo a it ms are required O working production days. The above prices do not include permits or permitting labor/fees unless noted Total Due: $19,328.63 Page: 1 of 1 1 ^r^ W W ► ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT V WITH OUTDOOR DIMENSIONS, LLC FOR CUSTOM SIGN FABRICATION, INSTALLATION, AND REPAIR SERVICES THIS ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT ("Agreement") is made and entered into as of this 24th day of August, 2021 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and Outdoor Dimensions, LLC, a Delaware limited liability company ("Contractor"), whose address is 5325 E. Hunter Avenue, Anaheim, California 92807, 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: iI:IC7►1 1.1 The term of this Agreement shall commence on the Effective Date, and shall terminate on September 1, 2024, unless terminated earlier or extended as set forth herein. 1.2 The term of this Agreement may be automatically renewed up to two (2) times for an additional one (1) year term per renewal. An automatic renewal of an additional one (1) year term will occur at the end of the initial three (3) year term if neither party has given written intent not to renew at least thirty (30) calendar days before expiration of the initial three (3) year term, and an automatic renewal of an additional one (1) year will occur at the end of the fourth year if neither party has given written intent not to renew at least thirty (30) calendar days before expiration of the fourth year. 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"). Upon written request from the Project Administrator as defined herein, Contractor shall provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall include the following: 2.1.1 A detailed description of the Services to be provided; 2.1.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; and 2.1.3 The estimated number of hours and cost to complete the Services; 2.1.4 The time needed to finish the specific project. 2.2 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 Letter Proposal. 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 and the Letter Proposal. 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 and the Letter Proposal, 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. Outdoor Dimensions, LLC Page 2 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, the Letter Proposal, 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 Six Hundred Twenty Five Thousand Dollars and 00/100 ($625,000.00), 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. 4.3 City shall reimburse Contractor only for those costs or expenses specifically identified in Exhibit B to this Agreement and the Letter Proposal, 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 and the Letter Proposal. 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 Pickler 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. Outdoor Dimensions, LLC Page 3 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. City's Director of Public Works 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 MATERIALS/STANDARD 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 the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. 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, all applicable federal, state and local laws and legally recognized professional standards. 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. Outdoor Dimensions, LLC Page 4 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). 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 Outdoor Dimensions, LLC Page 5 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 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. Outdoor Dimensions, LLC Page 6 15. BONDING 15.1 For any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement: (1) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), and in the form attached hereto as Exhibit D which is incorporated herein by this reference; and (2) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), and in the form attached hereto as Exhibit E which is incorporated herein by this reference. 15.2 The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. 15.3 Contractor shall deliver, concurrently with City's approval of any Letter Proposal over Twenty Five Thousand Dollars and 00/100 ($25,000.00), the Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 16. PREVAILING WAGES 16.1 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. Outdoor Dimensions, LLC Page 7 16.2 Unless otherwise exempt by law, Contractor warrants that no contractor or subcontractor was listed on the bid proposal for the Services that it is not currently registered and qualified to perform public work. Contractor further warrants that it is currently registered and qualified to perform "public work" pursuant to California Labor Code section 1725.5 or any successor statute thereto and that no contractor or subcontractor will engage in the performance of the Services unless currently registered and qualified to perform public work. 17. 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. 18. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A and the Letter Proposal. 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. 19. 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. Outdoor Dimensions, LLC Page 8 20. 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. 21. 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. 22. 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 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. 23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other contractors in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Contractor shall Outdoor Dimensions, LLC Page 9 indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 25. NOTICES 25.1 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. 25.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Director of Public Works Public Works Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Brian Pickler Outdoor Dimensions, LLC 5325 E. Hunter Ave. Anaheim, CA 92807 26. CLAIMS 26.1 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.). 26.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor/Consultant to file a claim Outdoor Dimensions, LLC Page 10 in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 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. 27.2 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. 28. LABOR 28.1 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.). 28.2 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. 28.3 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. 28.4 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. Outdoor Dimensions, LLC Page 11 29. STANDARD PROVISIONS 29.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. 29.2 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. 29.3 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. 29.4 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. 29.5 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. 29.6 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. 29.7 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. 29.8 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. 29.9 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 this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 29.10 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, Outdoor Dimensions, LLC Page 12 ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 29.11 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. 29.12 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] Outdoor Dimensions, LLC Page 13 ,U IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: — CITY OF NEWPORT BEACH, a California municipal corporation Date: By: A� A o)p a') By: ----d L=====j a on C. Harp u`" �t0�z' Bra City Attorney ayo ATTEST: -1 / Date: I By: Leilani I. Brown City Clerk CONTRACTOR: Outdoor Dimensions, LLC, a Delaware limited liability company By: Outdoor Dimensions Holding Co., LLC Its: Managing Member Date: : Signed in Counterpart Andrew Thompson Managing Member [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Exhibit D — Labor and Materials Payment Bond Exhibit E — Faithful Performance Bond Outdoor Dimensions, LLC Page 14 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:— 4�5,'21 By: A r I-, A @ a), ajon C. Harp C—ity Attorney ATTEST: Date: as Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Brad Avery Mayor CONTRACTOR: Outdoor Dimensions, LLC, a Delaware limited liability company By: Outdoor Dimensions Holding Co., LLC Its: Managing Member Date: g,12, lL I--,— By-.—�� 1z" Andrew Thompson Managing Member [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Exhibit D — Labor and Materials Payment Bond Exhibit E — Faithful Performance Bond Outdoor Dimensions, LLC Page 14 EXHIBIT A SCOPE OF SERVICES SERVICE SPECIFICATIONS CUSTOM SIGNS FABRICATION, INSTALLATION & REPAIR I. LICENSING & AWARD a. Contractor shall possess at minimum, a Class "C-45" (Sign) license. At the start of Work and until completion of Work, the Contractor and any and all subcontractors shall possess a valid Business License issued by the City. II. SIGN ORDERS a. Contractor shall: Manufacture, purchase, install, and provide various types of signs and signage located at various City facilities, including, but not limited to the Civic Center, municipal yards, parks, and other City -owned facilities. b. The Public Works Department shall order signs as and when required during the period of the Agreement. c. Layouts for all signs are the responsibility of the Contractor subject to the approval of the Public Works Department. d. Detail drawings of prototype signs will be furnished from the Contractor by the Public Works Department upon request. e. All signs shall include a Premium Graffiti Overlay and shall be included in unit pricing. f. All signs ordered by the City shall be installed by the Contractor in their designated location, unless otherwise noted by the Project Administrator. g. Contractor shall protect in place any existing improvements (i.e., landscaping, structures, etc.) during installation. h. All signs not specifically covered in a Letter Proposal will be priced and ordered in the following manner: i. The Public Works Department will furnish the Contractor with the following information: Outdoor Dimensions, LLC Page A-1 1. Background color; 2. Letter size; 3. Letter type; 4. Letter color; 5. Approximate size of sign; 6. Sign number; and 7. Sketch, when necessary. ii. The Contractor shall promptly make the layout for the sign and furnish the Public Works Department with a Letter Proposal detailing all items requested by the Public Works Department. III. REPAIR a. General cleaning and repair of signs will be required on an as -needed basis, and may include: i. Painting, including restoration, touch up, sanding, and clearcoat. b. Removal of signs may also be requested on an as -needed basis. IV. DELIVERY a. All signs covered by these specifications shall be delivered when and as requested to the Public Works Department, Corporation Yard located at 592 Superior Avenue, between the hours of 7:00 a.m. — 3:30 p.m. Monday — Thursday. b. Satisfactory service for normal orders will be considered as fourteen (14) calendar days or less from date of receipt of the order by the Contractor. c. For special circumstances, and in the instance of what constitutes "expedited" services, the Contractor will supply finished signs in limited quantities within two (2) business days as requested by the City. d. Delivery or pick-up of signs is to be coordinated with the Public Works Department at (949) 644-3055. e. Contractor shall replace, without cost to the City, any sign delivered under this Agreement which does not meet specifications. Outdoor Dimensions, LLC Page A-2 V. SIGNS (30 - Approximate number of typical wood signs located at various park facilities). a. Wood Sign, 2'9" x 6': Quantity 11 b. Wood Sign, 3'9" x 6'9": Quantity 10 c. Wood Sign, 58" x 104": Quantity 4 d. Wood Sign, 3'6" x 8": Quantity 3 e. Wood Sign, 3' x 5': Quantity 2 Below are examples of wooden park signs located in various parks around the City. The signs are made of sandblasted redwood. Contractor's pricing for various sizes of wood signs shall be for signs of similar design as depicted in the below images. -Any signs differing in design shall be subject to pricing via a Letter Proposal. Outdoor Dimensions, LLC Page A-3 EXHIBIT B SCHEDULE OF BILLING RATES Wooden Signs Note: Cost for items under this table shall include all costs to manufacture and produce wooden signs per the size listed below. Each sign will be of similar detail and look like the example shown in Exhibit A. For any signs differing from these criteria, Contractor shall produce a written Letter Proposal to City. Delivery and installation services shall be outlined separately in the Services table and shall not be included in the rate for the wooden sign. Item 2'9" x 6' Wood Sign Unit of Measure Each Rate $4,455.00 3'9" x 6'9" Wood Sign Each $5,140.00 5'8" x 10'4" Wood Sign Each $7,365.00 TV x 8' Wood Sign Each $5,170.00 Tx 5' Wood Sign Each $4,140.00 Services Item Sign Design Unit of Measure Per Hour Rate $0.00 Sign Refurbishment Per Hour $95.00 Sign Repair Per Hour $95.00 Delivery Charge Each $65.00 Sign Installation Each $585.00 Any service or sign not explicitly stated in these Billing Rates shall be subject to a written Letter Proposal produced by the Contractor and approved by the Project Administrator. Outdoor Dimensions, LLC Page B-1 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 City Council, boards and commissions, officers, agents, volunteers and employees. 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 Outdoor Dimensions, LLC 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 City Council, boards and commissions, officers, agents, volunteers and employees 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 subcontractors. 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, its City Council, boards and commissions, officers, agents, volunteers and employees 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. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of Outdoor Dimensions, LLC Page C-2 written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. 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 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 CG20380413. 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. Outdoor Dimensions, LLC Page C-3 G. City Remedies for Non -Compliance. If Contractor or any subcontractor 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. 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 Agreement, 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. 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. Outdoor Dimensions, LLC Page C-4 EXHIBIT D CITY OF NEWPORT BEACH BOND NO. LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Outdoor Dimensions, LLC, a Delaware limited liability company, hereinafter designated as the "Principal," an agreement for maintenance and/or repair services, in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Dollars ( ), lawful money of the United States of America, said sum being equal to 100% of the amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), payable by the City of Newport Beach under the terms of the Agreement; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as Outdoor Dimensions, LLC Page D-1 required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Agreement or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Agreement or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the day of , 20 Name of Contractor (Principal) Name of Surety Address of Surety Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: Aaron C. Harp City Attorney Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Outdoor Dimensions, LLC Page D-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Outdoor Dimensions, LLC Page D-3 EXHIBIT E CITY OF NEWPORT BEACH BOND NO. FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ , being at the rate of $ thousand of the Agreement price. WHEREAS, the City of Newport Beach, State of California, has awarded to Outdoor Dimensions, LLC, a Delaware limited liability company, hereinafter designated as the "Principal," an agreement for maintenance and/or repair services in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a Bond for the faithful performance of the Agreement. NOW, THEREFORE, we, the Principal, and , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of ( ) lawful money of the United States of America, said sum being equal to 100% of the amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Agreement and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Agreement or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does Outdoor Dimensions, LLC Page E-1 hereby waive notice of any such change, extension of time, alterations or additions of the Agreement or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the day of , 20 Name of Contractor (Principal) Name of Surety Address of Surety Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: Aaron C. Harp City Attorney Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Outdoor Dimensions, LLC Page E-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of I ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Outdoor Dimensions, LLC Page E-3 From: Customer Service To: Reyes, Raymund; Morgan, Shelby Cc: sagar(oebix.com Subject: Compliance Alert -Vendor Number 8681-1 Date: Tuesday, August 31, 2021 5:38:57 PM [EXTERNAL EMAIL DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. This Account has moved from non -compliant to COMPLIANT status and is currently in compliance for certificate of insurance requirements. 868 1 -1 Outdoor Dimensions, LLC Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach.