HomeMy WebLinkAboutSTATEWIDE TRAFFIC SAFTEY AND SIGNS, INCINSURANCE NOT ON FILE A-2020-039
WORK MAY NQT PROCEED
CLERK OF COUNCIL
DATE:
PWUpoAodez di
(i % armwl AGREEMENT TO PROVIDE ON -CALL TRAFFIC CONTROL SERVICES
a THIS AGREEMENT is made and entered into this 3rd day of March, 2020 by and between
Statewide Traffic Safety and Signs, Inc. (='Contractor"), and the City of Santa Ana, a charter city
c , and municipal corporation organized and existing under the Constitution and laws of the State of
California ("City").
0
N
o RECITALS
A. On November 5, 2019, the City issued Request for Proposal No. 19-117, by which
it sought qualified contractors to provide on -call traffic control services for the
City's Public Works Agency.
B. Contractor submitted a responsive proposal that was among those selected by the
City. Contractor represents that it is able and willing to provide the services
described in the scope of work that was included in RFP No. 19-117.
C. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under this
Agreement will be performed in compliance with such standards as may reasonably
be expected from a professional contracting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
On an as -needed basis, and at the City's sole discretion, Contractor shall perform the
services described in the scope of work that was included in RFP No. 19-117 and that is attached
as Exhibit A, and as further delineated in Contractor's proposal, which is attached as Exhibit B
and incorporated in full.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to
Contractor under this Agreement. Contractor shall be paid only for actual services
performed under this Agreement at the rates and charges identified in Exhibit C.
Contractor is one of two contractors selected to provide services on an as -needed
basis under RFP No. 19-117. The total compensation for services provided by all
contractors selected under RFP No. 19-117 shall not exceed the shared aggregate
amount of $300,000 during the tern of this agreement, including any extension
periods.
b. Payment by City shall be made within forty-five (45) days following receipt of
proper invoice evidencing work performed, subject to City accounting procedures.
Payment need not be made for work which fails to meet the standards of
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performance set forth in the Recitals and Scope of Work, which may reasonably be
expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on March 2,
2023, unless terminated earlier in accordance with Section 17, below. The term of this Agreement
may be extended for one 2-year period upon a writing executed by the City Manager and City
Attorney.
4. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
('Prevailing Wage Laws"), which require the payment of prevailing wage rates and the
performance of other requirements on "public works" and "maintenance" projects. If the services
being performed are part of an applicable "public works" or "maintenance" project, as defined by
the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees is
fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the
City, its elected officials, officers, employees and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer -employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Contractor
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Contractor shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Contractor shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Contractor under this Agreement (`Documents & Data"). Contractor
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Contractor represents and warrants that Contractor has the legal right to license any and all
Documents & Data. Contractor makes no such representation and warranty in regard to
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Documents & Data which were provided to Contractor by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
7. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Contractor shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not
be limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any
act or occurrence arising out of Contractor's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts
of insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property
damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the
aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
volunteers and representatives as additional insured(s); (b) be primary with
respect to insurance or self-insurance programs maintained by the City; and (c)
contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include
coverage for owned, hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the California Labor Code,
Contractor, if Contractor has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to
commencing the performance of the work under this Agreement, Contractor agrees
to obtain and maintain any employer's liability insurance with limits not less than
$1,000,000 per accident.
d. If Contractor is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim with $2,000,000 in the aggregate.
C. The following requirements apply to the insurance to be provided by Contractor
pursuant to this section:
(i) Contractor shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved by the City.
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(iii) Certificates and policies shall state that the policies shall not be cancelled
or reduced in coverage or changed in any other material aspect, by
contractor, without thirty (30) days prior written notice to the City.
(iv) Contractor shall supply City with a fully executed additional insured
endorsement.
If Contractor fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has
been procured and is in force and paid for, the City shall have the right, at the City's
election, to forthwith terminate this Agreement. Such termination shall not affect
Contractor's right to be paid for its time and materials expended prior to notification
of termination. Contractor waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the
City.
8.
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Contractor or its subcontractors, agents, employees, or other persons
acting on their behalf which relates to the services described in section 1 of this Agreement; and
(2) from any claim that personal injury, damages, just compensation, restitution, judicial or
equitable relief is due by reason of the terms of or effects arising from this Agreement. This
indemnity and hold harmless agreement applies to all claims for damages, just compensation,
restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the
events referred to in this Section or by reason of the terms of, or effects, arising from this
Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the
defense of the City, including fees and costs for special counsel to be selected by the City,
regarding any action by a third party challenging the validity of this Agreement, or asserting that
personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal
or property rights arises by reason of the terms of, or effects arising from this Agreement. City
may make all reasonable decisions with respect to its representation in any legal proceeding.
Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code
Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section
2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Contractor.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend, indemnify and hold harmless the City, its officers, agents,
representatives, and employees against any and all liability, including costs, and attorney's fees,
for infringement of any United States' letters patent, trademark, or copyright contained in the work
product or documents provided by Contractor to the City pursuant to this Agreement.
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10. RECORDS
Contractor shall keep records and invoices in connection with the work 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 the 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 the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Contractor under this Agreement.
11. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Contractor agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information' shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Contractor without reference to information disclosed by the
City.
12. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interest and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
13. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
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20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax 714- 647-6956
Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702
To Contractor: Statewide Traffic Safety and Signs
1000 Main Street, Suite 100
Irvine, CA 92614
Attn: Don Nicholas, CEO
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
timeframes, weekends, federal, state, County or City holidays shall be excluded.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral
or written, between the parties. In the event of a conflict between the terms of this Agreement and
any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be
modified except by written instrument signed by the City and by an authorized representative of
Contractor. The parties agree that any terms or conditions of any purchase order or other instrument
that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or
obligate Contractor or the City. Each party to this Agreement acknowledges that no
representations, inducements, promises or agreements, orally or otherwise, have been made by any
party, or anyone acting on behalf of any party, which are not embodied herein.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services which are the subject to this
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Agreement performed by City personnel or by other contractors retained by City.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor
compensation for all services performed by Contractor prior to receipt of such notice of
termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to
deliver to the City all work product completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Contractor consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
18. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, relation, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities or in connection with any activities under this Agreement.
Contractor affirms that it is an equal opportunity employer and shall comply with all applicable
federal, state and local laws and regulations.
19. JURISDICTION -VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
20. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses,
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permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
21. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
�.1
Daisy
Clerk of the Council
APPROVED AS TO FORM
SONIA R. CARVALHO
City Attorney
By; lam. -f.L
hn M. Funk
Assistant City Attorney
RECOMMENDED FOR APPROVAL
Nabil Saba
Acting Executive Director
Public Works Agency
CITY OF SANTA ANA
Kristine Ridge
City Manager .
CONTRACTOR
��a
Name: DON NICHOLAS
Title: CEO
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EXHIBIT A
Appendix
ATTACHMENT
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON -CALL TRAFFIC CONTROL SERVICES
RFP NO.: 19-117
Introduction / Background
The City of Santa Ana intends to retain traffic control specialist contractor(s) on an as -needed or
"on -call" basis. A Professional Services Agreement will be entered into with several of the
qualified contractor(s) to provide professional traffic control services for a variety of projects in
the City.
In general, work consists of general traffic control services. Each project may vary and each will
be based on task order assigmnent, the selected contractor(s) shall comply with all City, local,
State and Federal traffic related regulations. On occasions, the selected contractor(s) will be asked
to provide professional engineering traffic plans for specific task orders, based on an agreed -upon
specific scope of services and fees
Scone of Services
The work consists of temporary and permanent traffic control services and the necessary traffic
control devices, personnel and related equipment generally consisting of the following and not
limited to:
• Work area traffic control setup
• Job site flagging
• Lane closures
• Road closures
• Vehicle, bicycle and pedestrian detours
• Special event and traffic control
The City's Project Manager will notify the contractor(s) when traffic control services are needed.
The contractor(s) must be able to respond within a 48 hour period for planned services and within
2-hours of an emergency task order.
Note — Contractor(s) may be required to furnish material, equipment and supplies. Work may be
performed after hours which may require specific equipment for night time work
The Project manager or his/her(s) duly authorized representative will monitor the contractor(s)
operations and on periodic basis to assure compliance with proper traffic control and safety
procedures.
The selected contractor(s) must have the expertise, experience, and demonstrated resources
City of Santa Ana RFP 19-117
Page A1.1
available to perform the work described in this RFP.
Project Management. Equipment/Supplies:
The contractor(s) services and materials shall be in accordance with the provisions, guidelines and
specifications detailed here in and not limited to the latest editions of the following: Manual on
Uniform Traffic Control Devices (MUTCD), Work Area Traffic Control Handbook (WATCH),
American Association of State Highway and Transportation Officials (AASHTO), Caltrans, the
Americans with Disabilities Act, the City of Santa Ana Municipal Code (SAMC), professional
Standards established by the City, and or federal, state and local guidelines established in the
project.
All vehicles involved in the traffic control job order shall be clearly identified, and any vehicle
participating in traffic control setups and takedowns must have all warning and flashing signs
properly and fully functional including and not limited to: warning signs, flashing lights, anew
boards, and safety backup alarms. Traffic mounted attenuators will be required for traffic control
performed on major arterial streets.
The contractor(s) shall have project management control procedures in effect during the entire
time work is being performed under the Agreement. This task shall include the following:
• Project Management Plan- the consultant shall provide a detail management plan including
information and coordination to ensure compliance and completion of the job order tasks
• Quality Control/Quality Assurance (QA/QC) Plan
• Project Schedule/Invoicing
• Project Correspondence
In case of conflict, ambiguities, discrepancies, errors, or omissions, the contractor(s) shall submit
the matter to the City for clarification.
The following services/items shall include, but are not be limited to:
1. If included in the on -call project scope, attend meetings with the City staff as required,
2. The contractor(s) shall coordinate the work with the proper regulatory agencies and have their
respective representatives on site if required.
3. Contractor shall monitor all traffic control setups to ensure proper functioning and or to repair
damaged or missing traffic control.
4. The contractor(s) personnel shall be responsible and carry themselves in a professional manner
to the general public and City Staff at all times while performing work for the City. The City
reserves the right, at the sole discretion of the project manager, and may request the
contractor(s) to remove any employee and or sub-contractor(s) for any reason deem
detrimental to the City and the safety of the public.
5. The City reserves the rights to contract for and perform other or additional work on or near the
work covered by these specifications. When separate contracts are let within the limits of any
one project, each contractor shall conduct his work so as not to interfere with or hinder the
progress or completion of the work being performed by other contractors. Contractors working
on the same project shall cooperate with each other as directed. Each contractor involved shall
City of Santa Ana RFP 19-117
Page Al-2
assume all liability, financial or otherwise, in connection with this contract and shall protect
and save harmless the City from any and all damages or claims that may arise because of
inconvenience, delays, or loss experienced by him because of the presence and operations of
other contractors working within the limits of the same project.
All information regarding the job order and or documentation related to the project and approved
by the City, will then become property of the City.
A more detailed scope of work will be provided when/if a specific project or Task Order proposal
is requested from the contractor(s). All tasks orders shall include the staff title, hours, hourly rate
and totals as related to the project. (See Fee Proposal Section).
City Responsibilities:
The City will provide information in its possession relevant to the preparation of the
required information in the RFP. The City will provide only the staff assistance and the
documentation specifically in referred to herein.
• Furnish scope of work and provide general direction as needed for the assigned project
• All plan check coordination within the City
• Advertise, award, and administer of contract
• Electronic frles (sample plans & specifications, City of Santa Ana's CADD Standards) if
needed
Fee Proposal:
In addition to Section IV.13.3 (Submittal Requirements: Fee Proposal) fee schedulo shall be structured
as follows:
the contractor(s).
Other Terms and Conditions:
1. The project will be implemented in compliance with the City of Santa Ana's policies, as well
as Prevailing Wages and State/Federal Requirements,
2. The City reserves the right to amend this Request for Proposal by addendum prior to the final
dates of submission.
3. All reports, proposals, or other data or materials which are submitted shall become the sole
property of the City of Santa Ana with the exception of the confidential Financial Capacity
information and fee proposals.
4. All products used or developed in the execution of any contract resulting from this request will
remain in the public domain at the cornpletion of this project.
City of Santa Ana RFP 19-117 MEMEMMEMMEM
Page Al-3
5. The City has an affirmative action program. The purpose of the affirmative action program is
to encourage certified minority business enterprises and women business enterprises. All
submitting firms must have established affirmative action programs approvable by the City.
During the RFP stage, all firms will need to complete a "Certification of Non -Discrimination
by Contractors" for each firm on their team.
6. Accessibility. The Contractor shall fully infonn himself regarding any particularities and
limitations of the space available for the work to be performed. The contractor(s) shall exercise
due and particular caution to determine that all parts of his work are made quickly and easily
accessible.
7. Cleanup during performance and upon completion of the work for this project contractor will
remove all unused equipment of service, all excess or unsuitable material, trash,
8. Rubbish, and debris, and legally dispose of same, unless stated or directed otherwise by these
specifications. Contractor shall leave the entire area clean in an acceptable condition as
approved by the City.
9. Examination of Specification and Site. Contractor is expected to carefully examine the site of
the proposed work and all proposal specifications, documents, and forms. He shall satisfy
himself as to the character, quality, and quantities of work to be performed, materials to be
furnished and the requirements of the proposed specifications.
10. Independent Contractor. In accepting this contract, Contractor covenants that it presently has
no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which
would conflict in any manner or degree with the performance of the services hereunder.
Contractor further covenants that, in the performance of this contract, no subcontractor or
person having such an interest shall be employed. Contractor certifies that to the best of his
knowledge, no one who has or will have any financial interest under this contract is an officer
or employee of City. It is expressly agreed by Contractor that in the performance of the services
required under this contract, Contractor, and any of its subcontractors or employees, shall at
times be considered independent contractors and not agents of City.
11. Protection of Public. Adequate warning devices, barricades, guards, flagmen or other necessary
precautions shall be taken by the contractor to give advanced and reasonable protection, safety
and warning to persons and vehicular traffic concerned in the area.
12. Unknown Obstructions. Should any unknown obstruction be encountered during the course of
this contract the Contractor immediately bring it to the attention of the City. The contractor
shall be responsible for the protection of all existing equipment, furniture, or utilities
encountered within the work area.
13. Rejection of Work. Contractor agrees that the City has the right to make all final determinations
as to whether the work has been satisfactorily completed.
14. Independent Contractor. In accepting this contract, Contractor covenants that it presently has
no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which
would conflict in any manner or degree with the performance of the services hereunder.
Contractor further covenants that, in the performance of this contract, no subcontractor or
person having such an interest shall be employed. Contractor certifies that to the best of his
knowledge, no one who has or will have any financial interest under this contract is an officer
City of Santa Ana RFP 19-117
Page Al 4
or employee of City. It is expressly agreed by Contractor that in the performance of the services
required under this contract, Contractor, and any of its subcontractors or employees, shall at
times be considered independent contractors and not agents of City.
15. Subcontractors
Contractor agrees to bind every subcontractor to the terns of the Agreement
Documents as far as such terms are applicable to subcontractor's portion of The Work.
Contractor shall be as fully responsible to the City for the acts and omissions of its
subcontractors and of persons either directly or indirectly employed by its
subcontractors, as Contractor is for acts and omissions of persons directly employed by
Contractor. Nothing contained in these Agreement Documents shall create any
contractual relationship between any subcontractor and the City.
The City reserves the right to approve all subcontractors. The City's Approval of any
subcontractor under this Agreement shall not in any way relieve Contractor of its
obligations in the Agreement Documents.
• Prior to substituting any subcontractor listed in the Proposal Forms, Contractor must
comply with the requirements of the Subletting and Subcontracting Fair Practices Act
pursuant to California Public Contract Code section 4100 et seq.
16. Safety RequirementsNiolations
• Safety at the Project site during performance of the work is of paramount concern to
the City. Accordingly, the City will review violations recorded as serious or willful for
federal or state OSHA regulations within the last five (5) years.
Contractors must identify the number of OSHA violations on the CONTRACTOR'S
INDUSTRIAL SAFETY RECORD form. Any serious or willful violation may render
a proposal as non -responsive. We strongly encourage full disclosure, since failure to
identity all violations on the CONTRACTOR'S INDUSTRIAL SAFETY RECORD
form may result in rejection of the proposal as non -responsive or the contractor as non -
responsible following a hearing
A citation properly appealed through OSHA is not considered to be a violation until
the matter is closed and considered final by OSHA. The City still expects this
information to be disclosed by the contractor, with an explanation and documentation
showing that the matter is properly under appeal with OSHA and not considered closed
or final. Failure to be forthcoming with this information may result in rejection of the
proposal as non -responsive. Notwithstanding the preceding, the City may waive this
criterion in its sole and absolute discretion.
Describe your safety measures plan to assure the City that all applicable OSHA
regulations will be adhered to with the inclusion of an Injury and Illness Prevention
Program.
City of Santa Ana RFP 19-117
Page Al-5
EXHIBIT B
TRAFFIC SAFETY & SIGNS
www.stateu idesaf' /1,.com
CA CONTRAC'COR LI CGNSC #975518 - CLASS A. C-31, C-32 & C-6I/D-42 DIR PW #1000001109
STATEMENT OF QUALIFICATIONS (SOQ)
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TRAFFIC SAFETY d SIGNS
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CA CONTRACTOR LICENSE #9755i S -CLASS A, C-31. C-32 & C-61/13-42 DIR PW #1000001109
Cover Letter
November 26, 2019
Mr. Rudy Rosas
Santa Ana Public Works Agency
City of Santa Ana, California
20 Civic Center Plaza
Santa Ana, CA 92701
Subject: RFP No. 19-117 On -Call Traffic Control Services
Dear Mr. Rosas,
Statewide Traffic Safety and Signs, Inc. (STSSI) has attached our proposal for the City of Santa Ana's RFP
No. 19-117: On -Call Traffic Control Services. We acknowledge receipt of all addenda issued before the bid
date of this RFP. As CEO of STSSI, I have the legal authority to contractually bind the company. Our CFO,
Marty Breen, also has the legal authority to contractually bind the company
STSSI Contact and Location Services the City of Santa Ana:
Kory Fivecoat, Branch Manager
13261 Garden Grove Blvd.
Garden Grove, CA 92843
Phone: (714) 468-1919
Email: kfivewahtlstssi,com; servicesestssi.conl
We are committed to providing the best possible service to the City of Santa Ana and are confident we can
offer value-added services to effectively and efficiently complete tasks assigned to us under this contract.
Thank you for the opportunity to provide our Traffic Control Services to the City of Santa Ana.
Statewide Traffic Safety a Signs, Inc.
Don Nicholas
CEO
522 Lindon Lane
Nipomo, CA 93445
dnicholas fc'Wssi.com
(805)929-5070
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CA CONTRACTOR LICENSE #9755I8 -CLASS A, C-31, C-32 & C-61/D-42 DIR PW N1000001 ]09
Contract Agreement Statement
No Concurrence or concerns with the provisions in Appendix 2 — Agreement at this time.
TRAFFIC SAFETY Bi SKiN5
www.state it, idesafety. corn
CA CONTRACTOR LICENSE #975518 — CLASS A. C-31, C-32 & C-6I/D-42 DIR PW #1000001109
Firm and Team Experience
Statewide Traffic Safety and Signs Inc. (STSSI) was established as a business in 1987. Since then, STSSI
has positioned itself as an industry leader in traffic control in California, with 11 offices located throughout the
state, with 1 office in Nevada to provide outstanding service to our customers wherever the need arises.
STSSI provides rental services and sales of traffic control products, as well as providing services ranging
from traffic plans, permits, sign fabrication, and traffic closures on surface streets, highways, and major
freeways.
Services
Construction Zone Traffic Permit Process Flagging
Control K-Rail Installation Permanent Sign installation
Traffic Plans Crash Cushion Installation Construction Sign Installation
Freeway and Road Closures Special Events
Products
K-Rafl — Concrete, Plastic,
Changeable Message Signs-
Barrier Systems
Water -Filled
Full-Size/Mfni
Delineators, Cones,
Light Towers
Crash Cushions
Barricades, Safety Products
Solar Arrow Boards
Construction Area Signs and
Crowd Control Barricades
Attenuator Trucks
Fence Panels
Waminq & Airport Flaps
The Sign Division provides signage of all types:
Architectural — Interior/Exterior Building Face Lettering Building Signs
OSHA Magnetics for Vehicles Decals and Logos
Special Traffic Control Signs Channel Letters ADABraflle
Fleet Graphics Regulatory and Warning Banners and Stencils
Traffic Plannina
Our traffic plans are prepared by knowledgeable professional staff to scale and based upon the requirements
set forth in the current California Manual on Uniform Traffic Control Devices (M.U.T.C.D.) and in accordance
with the requirements of the local agency. If required, STSSI uses the service of a registered P.E. Civil
Engineer to additionally review and stamp our plans. We also have available the services of a Certified
Traffic Engineer who will prepare and stamp temporary traffic signal plans.
Professional CAD drawn plans to scale; Site surveying
Our representatives will meet with you to determine you work zone, time, and safety requirements and
develop a traffic plan that fits your needs. We can develop pre -bid traffic plan sets or develop traffic plan sets
from existing construction plans.
Permit Services
Our Permit Services include:
Plan submittals are sent directly to all agencies; We handle all approvals, revisions, paperwork and fees. Our
staff attends agency meetings to coordinate traffic control, design and approval. We obtain all 3 d party
signatures (if required) for approval of submitted plans for Fire and Safety Agencies.
STSSI places customer service, as its highest priority and we pride ourselves on our quick response to all
customer requests. We also offer EMERGENCY RESPONSE which includes coordinating with State, City
and Local Agencies for implementation of traffic control following MAJOR INCIDENTS, such as:
earthquakes, mudslides, fires, floods and terrorist attacks.
J t12 ' -
iIfAFFlC 5AFET!' & SlQNS
www,slarewidesalf t com
CA CONTRACTOR LICENSE 4975518 -CLASS A. C-31, C-32 a C-6I/D-42 DIR PW #1000001109
Project Team (Resumes attached to this Statement of Qualiflcations):
- Kory Fivecoat (Branch Manager)
Manages STSSI operations in our Garden Grove, Califomia branch which services Los Angeles and
Orange Counties of Califomia. Projects, and personnel involved, under his management range from
construction area signs, traffic design, trai c control, traffic detours, temporary and permanent
signage, crash attenuation, and work zone safety.
Kory Fivecoat will be one of the STSSI representatives to conduct the presentation, If invited for an
interview
- Mike Razo (Dispatcher/Project Manager)
Dispatcher/ Project Manager for STSSI Garden Grove, California which services Los Angeles and
Orange Counties of California. Mike dispatches and coordinates labor material and equipment for
projects relating to construction area signs, traffic design, traffic control, traffic detours, temporary and
permanent signage, crash attenuation, and work zone safety.
TRAFFIC SAFETY & SIGNS -
A'11'N'.stateiyidesafetV.COm
CA CONTRACTOR LICENSE #975518 - CLASS A. C-31, C-32 & C-61/D-42 DIR PW 91000001109
Understanding of Need
Statewide Traffic Safety and Signs, Inc.
understands the safety of City of Santa Ana's
crews is a top priority for the City. We are
committed to providing a safe work zone for all
personnel involved and, with our experience
and expertise, we will provide the highest
standard of traffic control services to the City.
STSSI personnel will carry themselves in a
professional manner
Our 24hour on -call services will allow us to
respond when not "I d by the City's Project
Manager within 48 hours, for planned services,
as well as within 2 hours, for emergency task
orders.
Our Garden Grove branch is located minutes
from all locations within the limits of the City of
Santa Ana. We have shown on the map to the
right where our branch is located in relation to
the City of Santa Ana. Our proximity to possible work locations under this contract will insure a prompt and
efficient response to traffic control requests from the City.
Material and equipment required for traffic control work under this contract will be staged on trucks, ready to
be dispatched with traffic control crews when task orders are initiated by the City's Project Manager. We
understand that after hours work may require additional equipment and have this equipment on standby as
well. STSSI vehicles will be clearly identified and fully equipped with all the necessary warning and flashing
signs to fulfill the task order. Traffic Mounted attenuators will be used on major arterial streets
As part of the contract requirements, STSSi will attend meetings with the City Staff as required.
We have extensive experience coordinate with regulatory agencies and will involve the respective agencies
representatives on site, if necessary. If the situation arises where unrelated work is concurrently be
performed on or near the work covered by this contract, STSSI will cooperate and coordinate as directed by
the City.
Our management and crews will monitor all traffic control setups to ensure proper functioning and repair
damaged or missing traffic control as necessary. In order to provide our services at a professional level,
STSSI has project management control procedures in place, that include project management plans, QA/QC
plans, project schedule/invoicing procedures, and project correspondence procedures.
ANOMPONN
TRAFFIC SAFETY & SJGNS
www.sialewidesuftJI com
CA CONTRACTOR LICENSE #975518 -CLASS A. C-31, C-32 B C-6I/D-42 DIR PTV 91000001109
Relevant Project Experience / References
List of projects Statewide Traffic Safety and Signs has current contracts for and has completed within last 5
years. This list includes significant work directly for public agencies and subcontract work in connection with
public contracts.
Project description:
On -Call Traffic Control Services (STSSI Job# 2T7102)
Year completed.,
Current Contract
Client name:
City of Newport Beach
Contact person:
Anthony Nguyen
Phone number:
(949) 644-3080
Project description:
On -Call Traffic Control Services (STSSI Job# 2T7064)
Year completed:
Current Contract
Client name:
County of Orange DPW
Contact person:
Ray Vega
Phone number:
(714) 651-2180
Project description:
On -Call Traffic Control — Fugro Project with Caltrans (STSSI Job# 2T6030)
Year completed:
2018 — Current Contract
Client name:
Fugro USA Land Inc.
Contact person:
Mathew Pollard
Phone number.-
(213) 788-3500
Project description:
Traffic Control — Valley Rinaldi & Valley Toluca,
Reconductoring 1-5 & 1-710 (STSSI Job# 2T9037)
Year completed:
2019
Client name:
Los Angeles, Department of Water & Power
Contact person:
Keith McCabe
Phone number..-
(213) 367-4789
Project description:
Woolsey Hill Fire Debris Removal Project (STSSI Job# 2T9017)
Year completed:
2019
Client name:
Environmental Chemical Corp. (Owner: CA Offices of Emergency Services)
Contact person:
Barbara Growney
Phone number:
(201) 953-2790
Additional project experience and agency references can be provided upon request.
TRAFFIC SAFETY • SIGNS
trunP. statew ides•afeI y. com
CA CONTRACTOR LICENSE N975515 — CLASS A. C-31, C-32 & C-61/D-42 DIR PW #1000001109
E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT
(Complete are Sedion E for each kev oersom.)
Branch Manager
LOCATION�Ii TITLE AND —
(2) YEAR COMPLETED
Branch Manager- Grove, CA PROFESSIONAL SERVICES CONSTRUCTION (Happq aFW;)
N/A Ongoing
a.
BRIEF DESCRIPTION (edefsmpe, size, coat, etc.) AND SPECIFIC ROLE ®Check if project pedomred with cunant firm
Manages STSSI operations in Garden Grove, California which services Los Angeles and Orange Counties of California. Projects under my
1(3)
management range from construction area signs, traffic design, traffic control, traffic detours, temporary and permanent signage, crash
attenuation, and work zone safety.
. e
(2) YEAR COMPLETED
. • . • , PROFESSIONAL SERVICES I CONSTRUCTION (Ifappkable)
WA Ongoing
b
(3) BRIEF DESCRIPTION(adef=Pe, size. cost eC) AND SPECIFIC ROLE ® Check if project performed with current firm
Branch Manager, Garden Grove
On -Call Traffic Control Contract
....
(2) YEAR COMPLETED
NJ PROFESSIONAL SERVICES CONSTRUCTION(Oeppacable)
WA Ongoing
C.
(3) BRIEF DESCRIPTION (Bdefampe, We. cost ek.) AND SPECIFIC ROLE ® Check s project performed with current fine
Branch Manager, Garden Grove
On -Call Traffic Control Contract
. .
(2) YEAR COMPLETED
r . , . , - . , • , . , PROFESSIONALSERVICES CONSTRUCTION (Ifapplfcable)
NIA 12016
(3) BRIEF DESCRIPTION (Bdefacope, sizes cost W-) AND SPECIFIC ROLE ® Check it project performed with ..rent firm
d
Branch Manager, Garden Grove/Riverside, CA
Work Included managed traffic control, construction area signs, crash arrays, temporary and permanent signage, overhead signs and
structures, and rentals & sales of traffic control and safety equipment.
Project widened the IA05 through the Sepulveda pass from HID to US Route 101, and overall construction cost was >$1 billion. Statewide
portion of work was rou hl $55 million.
e (2) YEAR COMPLETED
r r , • , e PROFESSIONAL SERVICES ONSTRUCTION (Ifapplicable)
WA 2017
(3) BRIEF DESCRIPTION (after scope, size. cost. etc.) AND SPECIFIC ROLE
e, ®Check d project performed with torten[ firm
Branch Manager, Garden Grove/Riverside, CA
Work includes permanent roadside signs, PCBM's (permanent concrete barder markers), and Class 1 Delineators.
Overall construction valued at - $316 million; Statewide subcontracted for - $119K.
LA
TRAFFIC SAFETY & SIGNS
1PTrtiv.stateividesafely. com
CA CONTRACTOR LICENSE #975519 - CLASS A, C-31, C-32 & C-61/13-42 DIR PW N1000001 Inv
E, RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT
(1) TITLE AND LOCATION (CIyaWSMre) (2) YEAR COMPLETED
Dispatcherl Project Manager- • PROFESSIONAL SERVICES CONSTRUCTION (if applicable)
NIA Ongoing
a
(3) BRIEF DESCRIPTION (Bdefsmpe, sae, msl. ek.) AND SPECIFIC ROLE ® Check rprelect performed.0 currant fin
Dispatcher / Project Manager for STSSI Garden Grove, California which services Los Angeles and Orange Counties of California. Dispatch
and coordinate labor, material and equipment for projects relating to construction area signs, traffic design, traffic control, traffic detours,
temporary and permanent signage, crash attenuation, and work zone safety.
(2) YEAR COMPLETED
• •• • , PROFESSIONALSERVICES CONSTRUCTION(Ifapp#cable)
WA Ongoing
D
BRIEF DESCRIPTION (Bdafecope, Size. cost etc.) AND SPECIFIC ROLE ® Check If prajed performed with currem firm
1(3)
Dispatcher / Project Manager, Garden Grove
On -Call Traffic Control Contract
(2) YEAR COMPLETED
, PROFESSIONAL SERVICES CONSTRUCTk3N(lfeppHCable)
WA Ongoing
7=ope.size.AND SPECIFIC ROLE®Check if Prefect performed wiN curtent firmden
rDispatcher
Grove
(2) YEAR COMPLETED
1 • • - • , • , . , , - , PROFESSIONAL SERVICES CONSTRUCTION ofepprcable)
WA 2016
(3) BRIEF DESCRIPTION (BdefsmPe, size. cost etc.)AND SPECIFIC ROLE
® Check if project performed with current firm
d.
Dispatcher / Project Manager, Garden Grove/Riverside, CA
Work included managed traffic control, construction area signs, crash arrays, temporary and permanent signage, overhead signs and
structures, and rentals 8 sales of traffic control and safety equipment.
Project widened the M05 through the Sepulveda pass from 1-10 to US Route 101. and overall construction cost was >$1 billion. Statewide
oprfion of work was rou hl $55 million.
(2) YEAR COMPLETED
1 . _ • ROFESSIONAL SERVICES ONSTRUCTION (#applicable)
. .. - • WA 2017
B. ,wn Iener smpe. We, cost. ea:.)AND SPECIFIC ROLE ® Check d project performed with curent firm
Dispatcher / Project Manager, Garden Grove/Riverside, CA
Work includes permanent roadside signs, PCBM's (permanent concrete barrier markers), and Class 1 Delineators.
Overall construction valued at - $318 million; Statewide subcontracted for- $119K.
DIR PW REG#1000001109
EXP. 6/30/2020
CLIENT: EST
ESTIMATING DEPARTMENT
Proposal/Quote
Statewide - Garden Grove
License # 975518
13261 Garden Grove Blvd.
Garden Grove, CA 92843
Ph (714) 468-1919
Fax (562)272.6857
EXHIBIT C
BID DATE: 11/26/19
CONTRACT INFO
ON -CALL TRAFFIC CONTROL
SERVICES RFP NO.: 19-117
PROPOSAL:119958
ESTIMATOR
Kellen Blohm
PROJECT:
ON -CALL TRAFFIC CONTROL
SERVICES RFP NO.: 19-117
SANTA ANA, CA
ITEM # DESCRIPTION QUANTITY PRICE AMOUNT
Proposal General Notes:
THIS PROPOSAL AND ATTACHED PROVISIONS MUST BECOME A BINDING PART OF ANY SUBCONTRACT
TRAFFIC CONTROL SERVICES
SPECIFICATIONS:
1 TECH, 1 TC TRUCK, 1 FLASHING ARROW BOARD
-Includes TC equipment for (1) lane closure
1 TC TECH
1 TC TRUCK
-See attached rate sheet for equipment rental rates.
OVERTIME
DOUBLETIME
SATURDAY closures
SUNDAY / HOLIDAY closures
+++ ALL RATES LISTED ABOVE ARE PREVAILING WAGE +++
+++ ALL RATES LISTED ABOVE ARE PORTAL-TO-PORTAL +++
$130.00/HR
$95.00/HR
$20.00/HR
$125.0018-12 HRS/MAN
$150.00/HR over 12 HR/MAN
$125.00/HR/MAN
$150.00/HR/MAN
- For more extensive closures or for a more detailed breakdown of rates, additional pricing or quotes can be made available
upon request on a case -by -case basis.
- Each Traffic Tech must be provided a 30 minute meal period. Missed meal periods will be billed at $60.00 per Traffic Tech,
NO RETENTION HELD FOR TRAFFIC CONTROL.
TRAFFIC CONTROL PLAN
SPECIFICATIONS:
WITH ENGINEER STAMP $900.00/PER PAGE
WITHOUT ENGINEER STAMP $500.00/PER PAGE
DOES NOT INCLUDE TEMPORARY STRIPING OR K-RAIL
TRAFRCSAW& S/plyS
SKU #
I City of Santa Ana - RFP No.:19.117
Daily Weekl
4-week
Towable & Truck
E of ent
lXi90 RT3
FAS Arrow Board
50.00
160-001
400.00
RT40056
Speed MonitorinTrager Radar Trailer
60.00
1 220.00
1 MO OD
RT4D067
S ed Feedbadr Sign Radar Trailer "CALTRANS"
125.E
1 400.00
1000.00
RT20050
CMS (Changeable Message Sign)
200.00
500.00
1200.00
RE60145
U ht Tower surcharge iio)
80.00
260.00
650.00
NO SKU
Balloon Light with Generator
50.00
160.00
400.00
RT60501
Truck MountedABenuabr 20mks la -$.75 rraeate
426.00
1375.10
3400.00
NO SKU
TMA Trailer 225.00 725.00
1800.00
NO SKU
Automated Fla er Assistance Device AFAD 'ROSA' 300.00 1000.00
2500.00
RT505W
Portable Signal -Set of 2 800.00 2200.00
5500.00 11
Construction 91
3insistands/equipment - Murco com and
RT01159
28" Cones,101b base refiecfive sleeves idavIniaht use 0.65 N/A
N/A
RT02512
Delineator post with base 39"! , 8 or 121b base 0.65 WA
N/A
RT02540
Delineator bases only sec 8 or 1216 0.25 N/A
N/A
RT02523
Traffic Drum with Base
3.00
N/A
NIA
RS03200
Small Aluminum SIGN 36' or less
zoo
N/A
N/A
RS03IDD
Large Aluminum SIGN 36" - 60.
3.00
NIA
W0
N/A
RS033M
X Large AJyminum SIGN 60' or lar er
.00
5.
A
NIA
/A
NIA
NAI
RT03900
T I barricade wood/met� Mo PARKING's ns
RT03747
T II barricade woodlmet�
0.75
NIA
NIA
RT03113
in III barricade woodlmetal
2.75
N/A
NIA
RT03709
La III 'Crash Worth Barricade -4'xio'
7.00
WA
N/A
RT04076
Barricade Light
0.35
WA
NIA
RS10992
MESH Roll -up signs DAY use only)
2.00
N/A
NIA
RS10991
I REF LLUTIVE Rolf -up signs Dgy or night use4.00 WA
N/A
RW06227
Warning s 0.25 WA
NIA
Barricades and
Barriers
W02013
Crowd Control Barrier Bike Rack or Parade
5.00
20.00
50.00
RT07558
K-ratl water filled
5,D0
20.00
50.00
RTD7589,RT07591 1
K-rail Concrete 10' and 20' 4 week minimum
Cab
Coy
Call
RT07
K-rail Lifter
90.00
250.00
650.00
RT07494
Absorb 360 Crash Ana 2 elemeM
55.00
180.00
450.00
RT07520
Absorb 350 Crash Arrav t5 element
75.00
240.00
600.00
RT07521
Absorb 350 Crash Array 9 element
Absorb 350 Additional Elements
95.00
5.00
32D.00
20,00
800 00
50.00
RT07073IRT07075
RT03131
1 Irport Barricades
6.00
18,00
- 45.00
RT04077
AWW Barricade Lights 360 Solar
0.50
N/A
WA
54015116/79
Crash Barrels with lid 1omm40017om4w=
5.0D
20.00
50.00
RT06017
Crash cushion liffing clamp
25.00
100.00
25 000
Misc.
RE10053
1Y Beacon Head, with bat
20.00
70.00
175.00
RE10D64
SOLAR Beacon Headwlbatle
45.00
120.00
300.00
14T08059
Rumble Ships Set of 12 T-13 Set up
175.00
520.W
1300.00
RM08002
Gram Striper(Cleaning Fee $75
1&5.00
500.00
1200.00
RM08399
Greco Ec W Va r Blaster
275.00
900.00
23D0.00
Arcata *
Bakersfield
* Fairfield
Fresno
Riverside
* Las Vegas
707-825-6927
661-834.5324
707-864-9952
659-291-8500
951-213-3708
702-318.7035
Garden Grove
` Nipomo
* Poway
Redding
• Sacramento
* San Jose
714-468-1919
805-929-6370
868-679-7292
530-222,8023
9164452-4855
408.993.9770