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HomeMy WebLinkAboutSIERRA PACIFIC ELECTRICAL CONTRACTING- 2013A-2013-015 INS>Ji??A.'vCi: NORK MAY Pf r',: _:EC. L E R K CF AI, DATE i E -r 3 -i y-- t3 CITY OF SANTA ANA LED COBRAHEAD STREETLIGHTS AGREEMENT THIS AGREEMENT, made and entered into this 22nd day of January, 2013 by Sierra Pacific Electrical Contracting, (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of LED street light manufacturing and installation of LED luminaires. B. Proposer represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: (.SCOPE OF SERVICES Contractor shall perform those services necessary to remove and dispose of existing streetlights, and furnish, install and test new LED luminaries, as identified as scope of work in this Agreement. II.COMPENSATION A. The City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Contractor's Proposal, attached hereto as Exhibit B, and incorporated by this reference. The total sum to be expended under this Agreement shall not exceed $700,000 during the term of this Agreement. B. Contractor shall submit one invoice to the City upon completion of the Project. Said invoice shall be submitted in a format approved by City, and shall include the following information: i. Contractor's invoice number ii. Beginning and ending dates for services iii. City project number and/or name (if applicable) iv. Work site address/location (if applicable) V. Unit cost, subtotals and total for invoice C. Extra Work. No additional work of any kind shall be considered an extra unless a separate estimate is given for said work and the estimate is approved by the City in writing before the work is commenced. The Contractor will be required to provide detailed information of such extra work. Documentation of contract compliance may be required at City's request. Work performed prior to obtaining written approval of the City shall not be included within the Scope of Work and may not be paid. D. Payment by City shall be made within sixty (60) days following receipt of payment from investor owned utility financing, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. III.TERM This Agreement shall commence on the date first written above. The Contractor shall deliver and install all items under this contract within a period of one hundred forty (140) days after City notice to proceed, unless terminated earlier in accordance with Section XII. IV.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 be construed to create an employer-employee relationship, a joint venture relationship, or to allow City to exercise discretion or control over the manner in which Contractor performs services. 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. V.INSURANCE Prior to undertaking performance of work under this Agreement, contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: A. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from 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 One Million Dollars ($1,000,000) per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. B. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. C. Workers Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for Workers Compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than One Million Dollars ($1,000,000.00) per accident. D. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than One Million Dollars ($1,000,000.00) per claim. E. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. 2. Certificates of Insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. 3. Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. F. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expanded prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. VI.INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: 1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in Section 1 of this Agreement: and 2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all cost for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third 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 representative in any legal proceeding. VI I. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of nonuse and nondisclosure shall not apply to any information that 1) has been disclosed in publicly available sources; 2) is, through no fault of the Contractor, disclosed in a publicly available source; 3) is in rightful possession of the Contractor without an obligation of confidentially; 4) is required to be disclosed by operation of law; or 5) is independently developed by the Contractor without reference to information disclosed by the City. VIII.CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance if services specified under this Agreement. IKNOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication to the following persons: To City: Clerk of the City Council City of Santa Ana P.O. Box 1988 M-30 Santa Ana, CA 92702-1988 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana P.O. Box 1988 M-21 Santa Ana, CA 92702 And: City Attorney City of Santa Ana P.O. Box 1988 M-29 Santa Ana, CA 92702 To Contractor: Sierra Pacific Electrical Contracting 2542 Avalon Street Riverside, CA 92509 X.EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representatives, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. XI.ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without prior written consent of the City, and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by the City personnel or by other Contractor retained by City. XII.TERMINATION a. The City reserves the right to terminate the contract as follows: In the event Contractor fails or refuses to timely perform any of the provisions of this agreement in the manner required, or if Contractor violates any provision of this agreement, Contractor shall be deemed in default. City shall provide written notice of such default to Contractor's project manager. Contractor shall cure said default within a period of two (2) working days. If such cure is not completed in a timely manner, City may terminate the agreement forthwith by giving written notice to Contractor's project manager. City may, in addition to the other remedies provided in this Agreement or authorized by law, terminate this Agreement by giving written notice of termination. Contractor shall be responsible for all costs incurred by City, including replacement costs of equipment and labor required to provide service during Contractor's default. In the event of such termination for cause, City shall pay Contractor that portion of compensation specified in the Agreement that is earned and unpaid prior to the effective date of termination. Contractor shall not be entitled to any compensation for lost profits it terminated for cause. 2. This agreement may be terminated without cause by City upon thirty (30) days written notice delivered to Contractor either personally or by mail. Upon termination, City shall pay to Contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. 3. In addition to, or in lieu of, remedies provided in this agreement or pursuant to law, City shall have the right to withhold all or a portion of Contractor's compensation for contract services if, in the judgment of the City project manager, the level of service falls below appropriate standards and/or Contractor fails to satisfactorily perform contract services. City shall have the right to retain funds withheld until the project manager determines that contract services are performed in conformance with this Agreement. XI 11. DISCRI MI NATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, State and local laws and regulations. XIV.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. XV.PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United Sates, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of their inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. XVI.RESPONSIBILITY FOR DAMAGES The Contractor shall be responsible for all damages to persons and/or property that occur as a result of the fault or negligence of said Contractor or his employees in connection with the performance of this work. XVILFAILURE TO PERFORM SATISFACTORILY A. It is agreed and understood that if the Contractor fails to perform the work as specified herein, the Director will pay only for the amount of service received as determined by the Director with an appropriate downward adjustment in contract price. The Director may have such required work done by City forces or otherwise, and charge the cost thereof to the Contractor. Such adjustments will be the estimated cost for performance by City forces plus City overhead and will include overtime pay as required to complete work. B. If the Contractor performs the work in such a manner that the amount of payment withheld due to substandard performance, nonperformance and forfeiture for non- completion per schedule totals five (5) percent of the total contract price, the City will put the Contractor under notice of noncompliance. If the Contractor continues to perform the work in such a manner that the amount of payment withheld due to substandard performance, nonperformance and forfeiture for non-completion per schedule totals ten (10) percent of the total contract price, the contract is subject to cancellation in the City's sole discretion. In the event of cancellation for unsatisfactory performance, Contractor shall reimburse the City for costs incurred and damages arising as a result of hiring a substitute contractor. XVIII.SAFETY REQUIREMENTS All work performed under this contract shall be performed in a manner as to provide required maximum safety to the public and where applicable, comply with all safety standards required by CAL-OSHA. The Director reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract. XIX.HAZARDOUS CONDITIONS The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from its operations. Any hazardous condition noted by the Contractor, which is not a result of its operations, shall be immediately reported to the Public Works Agency. XX.UTILITIES Any damage to utility lines that occurs shall immediately be reported to the utility company that is involved. The cost of repair, if required, will be at the Contractor's expense. If damage occurs to any adjacent shrubs or trees that are to remain on the site, immediate treatment or necessary replacements of the same shall be at the Contractor's expense. XXI.ACCESS TO PRIVATE PROPERTY Prior to any work that will restrict access to private property the Contractor shall notify each affected property owner or responsible person, informing him of the nature of and the approximate duration of the restriction. XXII.PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The Contractor shall be responsible for the protection of all improvements adjacent to the work, such as sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, wall, sidewalks, street paving, etc., located on either public or private property. If any improvements are damaged they shall be replaced in kind at the Contractor's expense. XXIII.TRAFFIC CONTROL The Contractor shall conduct all work in a manner that will insure continuous traffic flow on the street at all times. In situations where it is necessary to restrict traffic flow per WATCH, the Contractor will contact the Director for approval. XXIV. MISCELLANEOUS TRAFFIC DEVICES Contractor shall provide all traffic control and miscellaneous traffic devices as may be required for routine and/or extraordinary maintenance of this contract. Signs used for handling traffic during the course of this contract shall be in accordance with the WATCH published by Building News, Inc., and made a part of these special provisions. The method in which signs, barriers and other miscellaneous traffic devices are used during construction and/or repair shall be in accordance with the publication mentioned. A copy of said publication is on file in the Public Works Agency. All signs shall be illuminated or reflectorized when they are used during hours of darkness. All cones, pylons, barricades, or posts used in the diversion of traffic shall be provided with flashers, or other satisfactory illumination if in place during hours of darkness. XXV.WORK BY CITY FORCES BECAUSE OF NONCONFORMANCE TO CONTRACT City shall provide written notice to Contractor of any deficiencies in Contractor's work, and/or public nuisances created by Contractor's operations. Should Contractor fail to correct such deficiencies or public nuisances in a timely manner, as set forth in the notice, then City may order City forces or other Contractor to perform corrective work. Such work will be done on a force account basis with an additional callout charge of Two Hundred Dollars ($200.00) for each callout. XXVI.PAYMENT The Contractor will be paid after completion of the project, upon approval and payment to the City by Southern California Edison. Contractor shall submit a detailed report of work performed and materials used in the project. This report shall be accompanied by a billing in accordance with the contract price for the work performed, and shall become basis for payment. XXVII.APPRENTICESHIP STANDARDS Where required under law, the contractor on this project shall assume full responsibility for compliance with apprenticeship standards as established by Section 1777.5 of the California State Labor Code. XXVI I I.SUBCONTRACTORS The successful proposer shall not, without the written consent of the City: A. Substitute any person or firm as subcontractor in place of the subcontractor designated in the original proposal. B. Permit any subcontract to be assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the proposal. C. Subcontract any portion of the work after bid is submitted if the cost thereof exceeds one-half (1/2) of one (1) percent of the total proposal and a subcontractor was not designated for the work in the original proposal. XXIX.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. ATTEST: ?j "LD- i21j1i"-- Maria f9k Huizar Clerk of the Council CITY OF NA nevi O'Rourke Interim City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney c By: d? -A -A Q Laura Sheedy Assistant City Attorn y RECOMMENDED FOR APPROVAL U' N2&Ai?..- Raul Godinez II Executive Director, Public Works Agency CONTRACTOR Sierra Pacific Electrical Contracting (Name) David Loop (Title) Vice President CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LED COBRAHEAD STREETLIGHTS SCOPE OF SERVICES SPECIAL PROVISIONS The Request for Proposals calls for removal and disposal of existing luminaires; furnishing and installing new LED street lights and all testing, including photometric and energy consumption, to prove that furnished luminaires perform as specified. The Contractor shall provide at its own risk and cost all labor, materials, tools, equipment, and traffic control per the Work Area Traffic Control Handbook ("WATCH"), transportation, hauling, dumping, and recycling of removed material as part of this project. The City reserves the right to salvage existing luminaires. All salvaged luminaires shall be delivered to the City Corporate Yard at no cost to the City. Contractor shall install luminaries in conformance with Attachment 1, Leotek Proposed Products. 1. FUNCTIONS AND RESPONSIBILITIES A. DIRECTOR The Director or his authorized representative shall have the authority to accept/reject materials, workmanship and to make minor changes in work or schedule. When the performance of the work or completion per schedule is determined to be substandard, Director may 1) recommend that all or a portion of payment be withheld, and/or forfeiture for delay be assessed; 2) direct the work be accomplished by a separate contractor, in order to complete the necessary work as close to schedule as possible and withhold the resulting costs. Payment to be withheld shall be deducted from the final payment due to Contractor, or if the amount is insufficient to cover payment, Contractor shall be liable and will be billed accordingly. The Director or his authorized representative shall decide all questions, which may arise as to the manner of performance and completion per schedule, acceptable fulfillment of the contract by Contractor, interpretation of the specifications, and compensation to include completion of work by alternate sources. B. CONTRACTOR Local Office Contractor shall maintain a local office with a competent representative who can be reached during normal working hours and authorized to discuss matters pertaining to this contract with the Director. Contractor will not be allowed to store equipment or materials at any contracted area. 2. Submittals Contractor shall submit to the Director for his approval, prior to commencement of work, 1) a detailed job schedule, 2) names and titles of all persons working on the project, and 3) materials to be used on the project for approval. All submittals shall be periodically updated as necessary. The Director shall be immediately notified of any deviation from schedule or material usage. 3. Identification All vehicles and equipment on the project site shall be properly marked with company identification. 4. Licenses and Permits Contractor shall, prior to award of contract and without additional expense to the City, possess all licenses and permits required for the performance of the work required by this contract, including but not limited to State License C-27, a City of Santa Ana Business License, and a C-10 Electrical License. Work Force a. Contractor shall ensure that all work under this agreement is supervised by personnel who are technically qualified and possess the management skills required to implement modern methods and newly developed procedures. b. Contractor shall ensure that all work under this agreement is performed by fully qualified, experienced personnel, directly employed by Contractor or its listed subcontractors. All subcontractors that will perform work under this agreement shall be listed in Contractor's proposal. No other subcontractors shall be permitted without prior written consent by the Director. c. Contractor shall be responsible for skills, methods, appearance and action of Contractor's employees and its subcontractors and for all work done. The Contractor's employees shall be United States citizens and/or legal residents. d. Contractor shall perform the work required pursuant to this Agreement under the direction of the Director. The Director may make inspections at any time and may request that the Contractor perform additional work or services to bring Contractor's performance to the level required by this agreement. 6. Material Contractor shall submit to the Director, a list of all materials that the Contractor proposes to the use in the execution of this work. Said list shall be submitted before use of any product, pursuant to the provisions of this agreement. All materials used or submitted shall be in full compliance with all federal. State, County and local agency laws, guidelines and requirements. 7. Recycling All waste (including construction and demolition materials) resulting from work performed under this contract shall be recycled. The Contractor will be responsible for the disposal of all non-recyclable waste in accordance with all applicable local, State and federal laws and regulations. A recycling and disposal plan must be submitted for approval prior to start of work. 8. General Maintenance and Clean-Up All trash and debris shall be removed from all worksites at the end of each day. The Contractor shall keep sidewalks and all paved areas in parkway swept and cleaned of any debris, dirt, or soil. 9. Emergency Service Contractor shall be able to receive and respond to the City's call for emergency service twenty-four (24) hours per day, seven (7) days per week. Response time shall be immediate but not more than two (2) hours to remove or eliminate a public safety hazard. Contractor shall provide the City with a local telephone number where Contractor can be contacted twenty-four (24) hours per day, seven (7) days per week. r"- R The Leader in Electro-Optics Technology i LEOI i_I: LEOTEK Electronics USA Corp. a subsidiary company of LITEUI ? I Proposed Products: Leotek is offering the following products for this bid: 726 South Hillview Drive, Milpitas, CA 95035 Tel: (408) 380-1788 Fax: (408) 518-8128 E-mail: sales@leotek.com Website: www.leotek.com • To replace 250W HPS street light - Leotek # GC1-80E-MV-NW-3-GY-700 • Factory or field installable house side shield plate accessory - HSS-80 • To replace 40OW HPS street light - Leotek # GC2-120E-MV-NW-3-GY-700 • Factory or field installable house side shield plate accessory - HSS-120 Alternate 25OW HPS Proposal (explained below #3 Note): • To replace 250W HPS street light - Leotek # GC1-80E-MV-NW-2-GY-530 Product Availability: Normal delivery on the proposed products is 6-7 weeks after receipt of order. Notes Pertaining to Specification: 1) The proposed 40OW HPS replacement, Leotek # GC2-120E-MV-NW-3-GY-700 fully meets the specification requirements for the City of Santa Ana with the exception of the required 140 watt max, 80 lumen per watts, and max B2U2G2. (This unit has B3 UO G3) 2) The proposed 250W HPS replacement, Leotek # GC1-80E-MV-NW-3-GY-700 fully meets the specification requirements for the City of Santa Ana with the exception of the required 140 watt max, 80 lumen per watts, and max B2U2G2. (This unit has B3 UO G3) 3) Based on the pole locations indicated on the 'Map Data', Leotek is offering as alternative proposal for the 250W HIPS replacement of model # GC1-80E-MV-NW-2-GY-530. Although at 74 lumens per watt, the system efficacy of this unit is slightly below the specified 80 Ipw, the total wattage is still below the maximum allowable 140W. Also, this unit meets the max BUG rating with B2 UO G2. Furthermore, after performing the lighting calculation per the lighting criteria provided, it shows that the Type 2 optical system of this alternate unit will provide better lighting uniformity than the specified Type 3. It is for these reasons that Leotek recommends using this alternate product to replace the existing 25OW HPS luminaires. 4) The specification allows for "optional house side cut off'. The shield submitted with the Leotek luminaire is "easily retrofitted to fixture". This has proved to be a significant advantage for addressing the occasional back light complaint without having to change out an entire luminaire. Also, Santa Ana won't have to inventory two different luminaires. Several large Leotek users only find it necessary to stock a few house side shields for those rare applications. 5) Santa Ana's specification calls for a "full-cutoff' classification. Please note that our provided LM- 79 test report confirms that we do meet this full cutoff classification. Most other manufacturers won't show this on their test reports because they typically fail this test at the 80 degree angle and therefore are not in compliance with the specification. Attachment 1 @ )The Leader in Electro-Optics Technology 726 South Hillview Drive, Milpitas, CA 95035 LEO EK LEOTEK Electronics Tel: (408) 380-1788 Fax: (408) 518-8128 USA Corp. E-mail: sales@leotek.com Website: www.leotek.com a subsidiary company of LITE(1)i I Warranty and After Sales Support: • For the City of Santa Ana, Leotek will offer a 10 year limited warranty on the complete luminaire (not including photocell or any other components not provided by Leotek). • Comprehensive after sales support will be provided by South Coast Lighting and Leotek Electronics. South Coast Lighting is located in San Clemente. Leotek is also located in California and will be fully available to directly provide required technical support, offer any upgrades as technology evolves, or quickly service any warranty claims. Santa Ana's primary contacts for after sales service are as follows: Jon-Eric Santanello Sales South Coast Lighting 1391 Calle Avanzado San Clemente, CA 92673 Cell: 714-931-4597 les@southcoastliahting.com Chris Nye, LC Director of C&I Products Leotek Electronics Corp USA 726 South Hillview Dr. Milpitas, CA 95035 (510) 865-5910 cnye(a?leotek.com Nora Schultz Western Regional Manager Leotek Electronics Corp USA 726 South Hillview Dr. Milpitas, CA 95035 (206) 940-2198 nschultz(afleotek.com Laura Hensley Product Manager - C&I Products Leotek Electronics Corp USA 726 South Hillview Dr. Milpitas, CA 95035 (408) 380-1788 X 120 Laura cDleotek.com EXHIBIT B CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LED COBRAHEAD STREETLIGHTS PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Pricing shall be based on a per each, (removed, disposed and Installed) for services described In Exhibit A. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. LINE DESCRIPTION (MODEL #) QUANTITY UNIT UNIT PRICE EXTENDED' TOTAL PRICE 1 737 25OW Equiv. $569.00 $419,353.00 2 386 40OW Equiv. $709.00 $273,674.00 Total Extended Cost (Add Lines 1 and 2): $693,027.00 Total Extended Cost -Written (Add Lines 1 and 2) Six hundred ninety three thousand twenty seven dollars and no cents 3 1123 $693,027.00 Sierra Pacific Electrical Contracting 951/784-1410 951/784-4489 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 2542 Avalon Street, Jurupa Valley, CA. 92509 BUSINESS ADDRESS _ David Loop ED Vice [[PP-resident 22, 2012 DaviaLoop@spe-ca.com SIGNATURE OF AUTHORIZED AGENT DATE 95-2687802 264048 FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IF APPLICABLE) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP FOR LED COBRAHEAD STREETLIGHTS Page 1 17 EXH e a Accwho' CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD[YYYY) 1 2/20/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Edgewood Partners Insurance Center (EPIC) CONTACT NAME: 19000 MacArthur Blvd. PH Floor _ ii Irvine, CA 92612 PHONE_A/C No Exty (949) 263-0606 _ `_FAXiA/C,_Not: (949) 263-0906 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # www.edgewoodins.com -- - - - -- - INSURER A_ Lexington _Ins. Co. 19437 INSURED Sierra Pacific Electrical Contracting INSURER B: . Golden Eagle Ins. Corp. 10836 - 2542 Avalon Street INSURER C : RSUI Indemnity Company-_-_ - 22314 Riverside CA 92509 INSURER D:_ Benchmark Ins._Co._ _ 41394 INSURER .E:_ Peerless Ins. .Co._--.---____-. _ 24198 INSURER F : COVERAGES CERTIFICATE NUMBER: 15547974 REVISION NUMBER- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR - ----- IADDL SUM POLICY EFF i POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MMIDD/YYYY MMIDD/YYYY - -------_-- LIMITS GENERAL LIABILITY A 023462673 6/30/2012 16/30/2013 EACH OCCURRENCE $ 1,000,000 COMMERCIAL GENERAL LIABILITY - ,000,OOO Per $S DAMAGE TO RENTED ,000 --- -- $ ------ PREMISES (Ea occurrence) SO Project Agg/Limit -- CLAIMS-MADE OCCUR _ ?_ Contractual Liability MED EXP (Any one person) $ Excluded ? Wrap Exclusion ncluded $ 1,000,000 _V INJURY PERSONAL & AD -000 UCt• 2 OOO,OOO GENERAL AGGREGATE $ + - - -- - GEN'L AG GREGATE LIMIT APPLIES PER: - PRODUCTS - COMP/OP AGG $ 2,000,000 1 POLICY PRO- I LOC i $ ABILITY B I T O BA8161433 6/30/2012 6/30/2013 (Ea acct dentswGLE LIMIT $ 1,000,000 A UTO ? o N BODILY INJURY (Per person) $ ALL OWNED SCHEDULED' _ _ AUTOS I AUTOS l 1 - --- BODILY INJURY accident (Per ) ! $ ' ? HIRED AUTOS NON-OWNED ?AUTOS PROPERTY DAMAGE ( $ (Per accident T`QS? r+? = ^ y ,.? y t.,i E 3 R'a. a4'vI JC S _ _ t- $ C UMBRELLA LIAR OCCUR I ? 1 NHA230771 6/30/2012. 6/30/2013 EACH OCCURRENCE . $ 2,000,000 _ EXCESS LIAB CLAIMS-MADE _ - AGGREGATE $ 2 000 000 7 L3 L , , , - - RETENTION $ T $y -- - - t $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY CST5003428 ''. 1/1/2013 1/1/2014 WCSTATU- OJH TORY LIMITS tR i YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/M EMBER EXCLUDED? ? OFFICER/M MB N/A ,, i E L EACH ACCIDENT $ 1 00-000 ry ) I E L. DISEASE EA EMPLOYEE $ 1 000 0000 y under - - - DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 E Business Personal Property CBP8917155 6/30/2012 1 6/30/2013 $267,000 Limit $1,000 deductible Special Form-Replacement Cost Leased/Rented E i $90,000 Limit $1.000 deductible DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project# 12-056 - City wide LED cobrahead street light replacement. Certificate holder is additional insured for general liability as required by written contract with the named insured prior to an occurrence as per form 11-85 subject to all policy terms & conditions. GL Waiver of Subro LEXOCC234 1103 & Proj Agg LX9695 & Primary Wording LX98380805 will apply if required by written contract. Work Con to of Subro WC040306 & auto liability add'I ins GECA 701 a I if re uired b written contract. CERTIFICATE HOLDER CANCELLATION Project# 12-056 - City wide LED cobrahead street light replacement SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN its officers, employees, agents, volunteers ACCORDANCE WITH THE POLICY PROVISIONS. and representatives 20 Civic Center Plaza - Ross Annex (M- 2 2) AUTHORIZED REPRESENTATIVE Santa Ana CA 92701 Susan J. Sampson © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD CERT NO.: 15547974 Lupe Oit_z 2/2C/2C13 1:56:17 PM Page 1 of 9 2/20/2013 ENDORSEMENT This endorsement, effective 12:01 AM 6/30/2012 Forms a part of policy no.: 023462673 Issued to: Sierra Pacific Electrical Contracting By: Lexington Ins. Co. AGGREGATE LIMITS OF INSURANCE - PER PROJECT AMENDMENT AND OVERALL GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the policy: Subject to the Overall General Aggregate Limit stated in Item 3 of the Declarations, the General Aggregate Limit under LIMITS OF INSURANCE (Section III) applies separately to each of your ..projects" away from premises owned by or rented to you. It is further understood and agreed that the following changes are made to the policy: (1) Item 3, Limits of Insurance in the Declarations is amended by the addition thereto of the following Limit: Overall General Aggregate Limit - $ 5, 000, 000 (2) SECTION III- LIMITS OF INSURANCE is amended by the addition thereto of the following paragraph under paragraph 6. 7. The Overall General Aggregate Limit is the most we will pay under Coverages A and B for the sum of all Limits of Insurance as provided in this SECTION III regardless of the number of your "projects"; except for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard". For the purpose of this endorsement, "project" means the work for which the Named Insured is responsible according to a contract between the Named Insured as the contractor or sub-contractor, and an owner, developer or general or sub-contractor. All other terms and conditions remain unchanged. 1 - 0` Authorized Representat ve OR Countersignature (In states where applicable) cs?i96951?t2f1i4) LuPP rrL_z 2/_-C/2013 1:s6:1/ FM Page 2 of 9 2/20/2013 ENDORSEMENT # This endorsement, effective 12:01 AM: Forms a part of policy no.: 023462673 Issued to: Sierra Pacific Electrical Contracting By: LEXINGTON INSURANCE COMPANY PRIMARY/NON-CONTRIBUTORY INSURANCE ENDORSEMENT This endorsement modifies insurance provided by the policy: Notwithstanding any other provision of the policy to the contrary, the insurance afforded by this policy for the benefit of the Additional Insured shall be primary insurance, but only with respect to any claim, loss or liability arising out of the Named Insured's operations; and any insurance maintained by the Additional Insured shall be non-contributing. All other terms and conditions of the policy remain the same. LX 9838 ED 08/05 Authorized Representative OR Countersignature (In states where applicable) CERT NO.: 15547974 Lupe _) L- 21/2U/2013 1:56:1/ PV Page 6 of 9 ENDORSEMENT This endorsement, effective 12:01 AM 6/30/2012 Forms a part of policy no.: 023462673 Issued to: SIERRA PACIFIC ELECTRICAL CONTRACTING, INC. By: LEXINGTON INSURANCE COMPANY ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS (FORM B) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: BLANKET WHERE REQUIRED BY WRITTEN CONTRACT. WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. All other terms and conditions remain unchanged. 11185 l uthorized Representative OR Count rsignature (In states where applicable) CLRT NO. : 1554'/974 Lupe GrLiz 2!2,/2013 1:56:1'/ PM Page 8 of 9 2/20/2013 This endorsement, effective 12:01 AM 6/30/2012 Forms a part of policy no.: 023462673 Issued to: , Sierra Pacific Electrical Contracting By:LEXINGTON INSURANCE COMPANY WAIVER OF SUBROGATION (BLANKET) It is agreed that we, in the event of a payment under this policy, waive our right of subrogation against any person or organization where the insured has waived liability of such person or organization as part of a written contractual agreement between the insured and such person or organization entered into prior to the "occurrence" or offense. All other terms and conditions remain unchanged. Authorized Representative OR Countersignature (In states where applicable) LEKOCC234 (111103) LX04U CERT NO.: 15547974 Lupe Ort- 2/20/2013 1:56:11 PM Page 9 of 9 Sierra Pacific Electrical Contracting BA8161433 2/20/2013 COMMERCIAL AUTO GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION II - LIABILITY COVERAGE A. COVERAGE 1. WHO IS AN INSURED The following is added: d. Any organization, other than a partnership or joint venture, over which you maintain ownership or a majority interest on the effective date of this Coverage Form, if there is no similar insurance available to that organization. e. Any organization you newly acquire or form other than a partnership orjoint venture, and over which you maintain ownership of a majority interest. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; or (2) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. f. Any volunteer or employee of yours while using a covered "auto" you do not own, hire or borrow in your business or your personal affairs. Insurance provided by this endorsement is excess over any other insurance available to any volunteer or employee. g. Any person, organization, trustee, estate or governmental entity with respect to the operation, maintenance or use of a covered "auto" by an insured, if: (1) You are obligated to add that person, organization, trustee, estate or governmental entity as an additional insured to this policy by: (a) an expressed provision of an "insured contract", or written agreement; or (b) an expressed condition of a written permit issued to you by a governmental or public authority. (2) The "bodily injury" or "property damage" is caused by an "accident" which takes place after: (a) You executed the "insured contract" or written agreement; or (b) the permit has been issued to you. 2. COVERAGE EXTENSIONS a. Supplementary Payments Subparagraphs (2) and (4) are amended as follows: (2) Up to $2500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "Insured" at our request, including actual loss of earning up to $500 a day because of time off from work. GECA 701 (09/04) Includes copyrighted material of Insurance Services Offices, Inc. with its permission Page 1 of 3 CERT \O.: 155479'74 Lupe C,'t z 2/2C/2C13 1:56:17 P?! Page s of 4 SECTION III - PHYSICAL DAMAGE COVERAGE A. COVERAGE The following is added: 5. Hired Auto Physical Damage a. Any "auto" you lease, hire, rent or borrow from someone other than your employees or partners or members of their household is a covered "auto" for each of your physical damage coverages. b. The most we will pay for "loss" in any one "accident" is the smallest of (1) $50,000 (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. If you are liable for the "accident", we will also pay up to $500 per "accident" for the actual loss of use to the owner of the covered "auto". c. Our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by an amount that is equal to the amount of the largest deductible shown for any owned "auto" for that coverage. However, any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. d. For this coverage, the insurance provided is primary for any covered "auto" you hire without a driver and excess over any other collectible insurance for any covered "auto" that you hire with a driver. 5. Rental Reimbursement Coverage We will pay up to $75 per day for up to 30 days, for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for a period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered "auto". If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under paragraph 4. Coverage Extension. 8. Lease Gap Coverage If a long-term leased "auto" is a covered "auto" and the lessor is named as an Additional Insured - Lessor, in the event of a total loss, we will pay your additional legal obligation to the lessor for any difference between the actual cash value of the "auto" at the time of the loss and the "outstanding balance" of the lease. "Outstanding balance" means the amount you owe on the lease at the time of loss less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; and lease termination fees. B. EXCLUSIONS The following is added to Paragraph 3: The exclusion for "loss" caused by or resulting from mechanical or electrical breakdown does not apply to the accidental discharge of an airbag. Paragraph 4 is replaced with the following: 4. We will not pay for "loss" to any of the following: a. Tapes, records, disks or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. Includes copyrighted material of Insurance Services Offices, Inc. with its permission GECA 701 (09/04) Page 2 of 3 CER'1' !10.: 15557974 Lupe CrL.Z 2/20/2013 1:56:17 PM Page 4 of 9 b. Equipment designed or used for the detection or location of radar. c. Any electronic equipment that receives or transmits audio, visual or data signals. Exclusion 4.c. does not apply to: (1) Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto"; or (2) Any other electronic equipment that is: (a) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system; or (b) An integral part of the same unit housing any sound reproducing equipment described in (1) above and permanently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. D. DEDUCTIBLE The following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. SECTION IV. - BUSINESS AUTO CONDITIONS A. LOSS CONDITIONS Item 2.a. and b. are replaced with: 2. Duties In The Event of Accident, Claim, Suit, or Loss a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the accident, claim, "suit", or loss. Knowledge of an accident, claim, "suit", or loss, by other employee(s) does not imply you also have such knowledge. b. To the extent possible, notice to us should include: (1) How, when and where the accident or loss took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the accident or loss. The following is added to 5. We waive any right of recovery we may have against any additional insured under Coverage A.1. Who Is An Insured g., but only as respects loss arising out of the operation, maintenance or use of a covered "auto" pursuant to the provisions of the "insured contract", written agreement, or permit. B. GENERAL CONDITIONS 9. is added: 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Your unintentional failure to disclose any hazards existing at the effective date of your policy will not prejudice the coverage afforded. However, we have the right to collect additional premium for any such hazard. COMMON POLICY CONDITIONS 2.b. is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. GECA 701 (09/04) Includes copyrighted material of Insurance Services Offices, Inc. with its permission Page 3 of 3 CSR':' NO.: 1554'/9'/4 Lupe Ortiz 2,20/2013 1:56:17 PM Page S of 9 2/20/2013 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA - BLANKET We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization for whom RE: All California Operations The named insured is required under Written contract to furnish this waiver This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 01/01/13 to 01/01/14 Policy No. CST5003428 Endorsement No. Insured: Sierra Pacific Electrical Contracting Insurance Company: BENCHMARK INSURANCE COMPANY Benchmark Insurance Company Countersigned by CERT NO.: 1554'/9'/4 Lupe -t- 2/2C/2CI3 1:56:17 PM Page 7 of 9