AGREEMENT WITH OUTDOOR DIMENSIONS, LLC
TO BUILD AND INSTALL DIGITAL MARQUEES
THIS AGREEMENT is made and entered into on this 7th day of May, 2024 by and between Outdoor Dimensions, LLC, a Delaware limited liability company, (“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 (“City”).
RECITALS
A. On July 11, 2023, the City issued Request for Proposal #23 -099A (“RFP”) seeking qualified contractors to provide and install digital marquees at six (6) locations across the City (“Project”). The Project is part of the Revive Santa Ana program and the Expansion of Critical Communications Project which aims to deliver important messages to our residents across the City in the most effective ways possible. As such, the City sought proposals to contract with a firm to source and install digital marquees at five (5) high- traffic areas in the City upon which vital communications will be shared with the Santa Ana community.
B. Contractor was the sole responsive vendor to submit a proposal and represents that it is able and willing to provide such services to the Ci ty. Contractor’s proposal to the RFP shall be incorporated by reference as though fully attached hereto the Agreement.
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:
1. SCOPE OF SERVICES
a. Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described in Exhibit A and Exhibit B, attached hereto and incorporated by reference, at the locations detailed below.
b. Consultant and City shall agree upon, in writing, as to the selection and commencement of services for each location, listed below. Consultant shall bond each site individually upon confirmation of site selection by the parties.
• Rosita Park, 706 N. Newhope St.
• Centennial Park, 3000 W. Edinger Ave.
• Thornton Park, 1801 W. Segerstrom Ave.
• Jerome Park, 2115 W. McFadden Ave.
• Delhi Park, 2314 S. Halladay St.
• Bowers Museum south parking lot, 1910 N. Main St.
• Santiago Park, 2535 N. Main St.
2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in either quote “QT028167” or quote “QT028169” attached hereto as Exhibit C and Exhibit D, respectively, and in accordance with Section 2 -7.1 of the Greenbook: Standard Specifications for Public Works Construction. Costs are contingent upon confirmation of the final location, as detailed in Section 1.b and c, above. The total amount to be exp ended during the term of this Agreement shall not exceed the amount of $1,668,098.71.
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. City a nd Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor’s account(s) with financial institutions.
Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above for a one (1) year term with the option for the City to grant up to a one (1) year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earli er in accordance with Section 1 6, below.
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 Regu lations, 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 to 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 relationsh ip, 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 sub contractor 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 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
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agent s, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
Automobile Liability : ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity.
Waiver of Subrogation
Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Entity by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. The Entity may require
the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses wi thin the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.
Claims Made Policies (note – should be applicable only to professional liability, see below)
If any of the required policies provide claims-made coverage:
• The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
• Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. • If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Contractor shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them.
The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors.
Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
8. INDEMNIFICATION
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, its subcontractors, agents, employees, or other persons acting on its 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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement.
10. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accu rate 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 informa tion 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 dis closed by the City.
12. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
13. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided 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.
14. 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 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 is 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 Agreement performed by City personnel or by other Contractors retained by City.
16. 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 recei pt 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(s) 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.
17. 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.
18. 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 o f 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.
19. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the S tate 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.
20. 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:
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
City Manager
City of Santa Ana
20 Civic Center Plaza (M-31)
P.O. Box 1988
Santa Ana, California 92702
To Contractor:
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 time frames, weekends, federal, state, County or City holidays shall be excluded.
21. FUNDING-RELATED PROVISIONS
21.1 The City will be using funds made available to it by the American Rescue Plan Act of 2021 (“ARPA”) to pay this amount, and that Grantee will be responsible for abiding by the rules and regulations associated with said funding.
21.2 ARPA was signed into law in March 2021. ARPA authorizes the United States Outdoor Dimensions, LLC
Attn: Danielle Purcell, Account Executive
5325 East Hunter Ave.
Anaheim, CA 92807
Department of Treasury (“Treasury”) to provide funding for a number of different programs, including the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”), to provide monetary support to local governments to respond to, mitigate, and recover from the COVID-19 public health emergency. The City has determi ned that this Agreement is a permissible use of CSLFRF funds.
21.3 As applicable, Grantee shall comply with all federal requirements including, but not limited to, the following:
a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of ARPA;
b. Treasury Final Rule for ARPA, available at
https://www.govinfo.gov/content/pkg/FR-2022-01-27/pdf/2022-00292.pdf; c. Treasury Compliance and Reporting Guidance for ARPA, available at https://home.treasury.gov/system/files/136/SLFRF-Compliance-and-Reporting- Guidance.pdf;
d. 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the Treasury; and e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions, available at
https://home.treasury.gov/system/files/136/NEU_Award_Terms_and_Conditions. pdf
21.4 With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.
22. COMMUNITY WORKFORCE AGREEMENT
If applicable, the CONTRACTOR shall adhere to the CITY’S Community Workforce Agreement (CWA), a pre-hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City’s website at: http://www.santa- ana.org/pwa/documents/CWA.pdf
23. CALIFORNIA AIR RESOURCES BOARD COMPLIANCE
Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the regulations imposed by California Air Resources Board (“CARB”) including, without limitation, all applicable terms of T itle 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”).
Throughout the Project, and for three (3) years thereafter, Contractor shall make available for
inspection and copying any and all documents or infor mation associated with Contractor’s and its subcontractors’ fleets including, without limitation, the Certificates of Reported Compliance (“CRCs”), fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City.
Contractor shall be solely liable for any and all costs associated with compliance with the Regulation as well as for any and all penalties , fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation.
24. 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.
[signature page to follow]
SIGNATURE PAGE TO AGREEMENT WITH OUTDOOR DIMENSIONS, LLC
TO BUILD AND INSTALL DIGITAL MARQUEES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
Jennifer L. Hall Alvaro Nuñez
City Clerk Acting City Manager
APPROVED AS TO FORM: CONTRACTOR:
SONIA R. CARVALHO
City Attorney
By:
Jonathan T. Martinez
Assistant City Attorney
Alexi Zellner
VP of Operations
EXHIBIT A
SCOPE OF SERVICES
Contractor shall perform services as set forth below:
A. Description of Services
1. Proposed Locations
a. Rosita Park
b. Centennial Park
c. Bowers Museum OR Santiago Park Entrance
d. Jerome Park
e. Delhi Park
f. Carl Thornton Park
2. Source digital marquees (screens)
a. High-quality 6-8mm marquee
b. Resolution 8 mm or better
c. Screen size approximately 8x11 feet
d. Optional/Preferred: Night mode to reduce light pollution from screen e. All related engineering costs
f. 5+ year warranty
3. Source digital marquee structures
a. Minimum 8 feet tall
b. Required: 1-2 sided to display 1-2 screens; preferred: option of up to 3 sides/screens c. Ability to provide a variety of design options, such as using the City logo, designs that reflect Santa Ana community/digital marquee location, and designs compatible with historically sensitive properties and neighborhoods.
d. Ability to provide anti-graffiti options or coating.
4. Install digital marquees
a. Structure acquisition and installation.
b. Construction/installation of structure, including all necessary excavation, electrical connection, concrete work and landscaping
c. Additional geotechnical services, if needed.
d. Traffic Control, wherever applicable.
e. Installation of screen
5. Maintenance
a. Long-term maintenance and service provision for screen: 5 years minimum, with option to extend service warranty for 10-15 years or longer.
b. Warranty is 5 years full parts only, no onsite labor. c. Extend to 10-year warranty $7630 per location.
b. Maintenance, service, and warranty options for structure. • Structure warranty is 1 year.
• Warranty attached for reference.
• $14,500 total to extend 5 years.
c. Security options for design and operation.
• For service relating to the structures– 4x/year once a quarter inspection. Includes: cleaning excess dirt, graffiti, identifying maintenance issues. Does not include maintenance, which would be covered under the warranty.
• $8000/year
6. Screen functionality, operation and services
a. Remote programming accessible to City operators via internet b. Ability to enter text to display or upload designs
c. Ability to play
static graphics and animations/video
d. Contractor provides training to staff
EXHIBIT A
SCOPE OF SERVICES
RFP No. 23-099A
Digital Marquees for Multiple Locations
CITY OF SANTA ANA
e. Optional: Content services such as creation of display templates and graphic design upon request.
B. SAFETY PROGRAM REQUIREMENTS: Work Site Safety shall be as defined by the Standard Specifications and these special provisions:
Contractor shall be solely responsible for ensuring that all work performed under the contract is performed in strict compliance with all applicable Federal, State and local occupational safety regulations. Consultant/Contractor shall provide at its expense all safeguards, safety devices and protective equipment, and shall take any and all actions appropriate to providing a safe Project site.
The following is required in addition to the requirements of the Standard Specification:
1. Contractor shall train all employees, or subcontractor personnel in the work practices necessary to safely perform their job.
2. Contractor shall identify all known potential hazards related to the work performed and train all employees and subcontractor personnel on how to handle the potential hazards.
3. Contractor, their employees and subcontractors shall follow all safety rules and safe work practices.
4. Contractor will immediately notify the City of any significant and/or unusual hazards found during the course of work.
5. Contractor shall submit copies of Safety Data Sheets (SDS) for all hazardous materials to be utilized on site in the performance of work.
6. Contractor is solely responsible for the legal disposal of hazardous waste generated in the performance of their work.
Safety Indemnification: To the ext ent allowed by law, the Contractor agrees to defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all investigations, complaints, citations, liability, expense (including defense costs and legal fees), c laims and/or causes of action for damages of any nature whatsoever, including but not limited to injury or death to employees of the Contractor, its subcontractors or City, attributable to any alleged act or omission of the Contractor or its subcontractors which is in violation of any Cal OSHA regulation. The obligation to defend, indemnify and hold harmless includes all investigations and proceedings associated with purported violations of Section 336.10 of Title 8 of the California Code of Regulations pertaining to multi-employer work sites. The City may deduct from any payment otherwise due the Contractor any costs incurred or anticipated to be incurred by the Agency, including legal fees and staff costs, associated with any investigation or enforcement proceedings brought by Cal OSHA arising out of the assigned work.
C. OTHER SAFETY REQUIREMENTS: Contractor shall take all reasonable precautions, as directed by the City, or in the absence of such direction, in accordance with sound industrial practices, to safeguard and protect City property and adjacent property. Damages to properties caused by Contractor’s negligence shall be repaired at no cost (both labor and material) to the City.
Contractor is responsible for advising and ensuring compliance by Contrac tor’s employees with all applicable environmental and hazardous materials handling laws and regulations.
RFP No. 23-099A
Digital Marquees for Multiple Locations
CITY OF SANTA ANA
Contractor shall provide City a full report of damage to City property and/or equipment by Contractor’s employees. All damage reports shall be submit ted to the Site Coordinator within twenty-four (24) hours of occurrence.
Contractor shall provide, erect, and maintain all warning devices (i.e., barricades, cones, etc.) as required or necessary to ensure the safety of the public, City, and Contractor’s employees D. CONSTRUCTION WASTE MANAGEMENT: Contractor shall keep work areas clean and free from any debris, rubbish, hazardous waste and non-usable material resulting from the work under this Contract and shall be disposed of at the completion of each work day by the Contractor.
Hazardous waste must be disposed of in accordance with the Resource Conservation and Recovery Act and all other applicable federal, state, and local laws and regulations.
RFP No. 23-099A
Digital Marquees for Multiple Locations
EXHIBIT B
FURTHER SCOPE OF SERVICES
ELECTRICAL
Exhibit B
ELECTRICAL
ELECTRICAL
ELECTRICAL
ELECTRICAL
ELECTRICAL
ELECTRICAL
ELECTRICAL
ELECTRICAL
ELECTRICAL
ELECTRICAL
ELECTRICAL
ELECTRICAL
ELECTRICAL
ELECTRICAL
ELECTRICAL
ELECTRICAL
EXHIBIT C
QT028167
Quote
QT028167
Date:
4/11/2024
Outdoor Dimensions, LLC
5325 E Hunter Ave.
Anaheim, CA, 92807
Phone: (714) 578-9555 | Fax: (714) 693-5978
Email: [email protected]
Web: www.outdoordimensions.com
Contractors License #: 1042246
Outdoor Dimensions, LLC reserves the right to bill and collect payment on any products and services performed (completed or otherwise) by the company with notification unless otherwise stated in a written contract. Completed products that have not been installed or shipped to client are held for the stated project and are not used for any other project without client approval.
Bill To:
Project:
CITY OF SANTA ANA
ATTN: ACCOUNTS PAYABLE
20 CIVIC CENTER PLAZA
SANTA ANA CA 92701
CITY OF SANTA ANA
ATTN: ACCOUNTS PAYABLE
20 CIVIC CENTER PLAZA
SANTA ANA CA 92701
P.O. No.
Customer ID
Salesperson
Ship Method
Terms
Batch ID
03382
DANIELLE P
Net 30
Item No.
QTY.
Description
Unit Price
Ext. Price
1 SN-ELC-MON
1 Bowers Museum
Single Faced Monument
$229,620.37
$229,620.37
2 SN-ELC-MON
1 Rosita Park
Double Faced Monument
$288,501.01
$288,501.08
3 SN-ELC-MON
1 Centennial Park
Double Faced Monument
$289,881.98
$289,881.98
4 SN-ELC-MON
1 Jerome Park
Double Faced Monument
$285,344.28
$285,344.28
5 SN-ELC-MON
1 Delhi Park
Double Faced Monument
$290,318.49
$290,318.49
6 SN-ELC-MON
1 Carl Thornton Park
Double Faced Monument
$284,432.51
$284,432.51
BOWERS MUSEUM OPTION
Quote is for 4 double faced Digital
Marquees and Bowers Museum Single
Faced Digital Marquee option.
Each line item includes the total cost
for each location: Monument,
Daktronics Screen, Permitting,
Engineering, Material, Equipment,
Installation, Tax and Bond.
Prices are valid for 45 days from the date of this contract Sales Total:
$1,668,098.71
Initial By:
Tax Total:
$0.00
Date:
Deposit:
The above items are required () working production days.
Total Due:
$1,668,098.71
The above prices do not include permits or permitting labor/fees unless noted Page:
1 of 1
EXHIBIT D
QT028169
Quote
QT028169
Date:
2/12/2024
Outdoor Dimensions, LLC
5325 E Hunter Ave.
Anaheim, CA, 92807
Phone: (714) 578-9555 | Fax: (714) 693-5978
Email: [email protected]
Web: www.outdoordimensions.com
Contractors License #: 1042246
Outdoor Dimensions, LLC reserves the right to bill and collect payment on any products and services performed (completed or otherwise) by the company with notification unless otherwise stated in a written contract. Completed products that have not been installed or shipped to client are held for the stated project and are not used for any other project without client approval.
Bill To:
Project:
CITY OF SANTA ANA
ATTN: ACCOUNTS PAYABLE
20 CIVIC CENTER PLAZA
SANTA ANA CA 92701
CITY OF SANTA ANA
ATTN: ACCOUNTS PAYABLE
20 CIVIC CENTER PLAZA
SANTA ANA CA 92701
P.O. No.
Customer ID
Salesperson
Ship Method
Terms
Batch ID
03382
DANIELLE P
Net 30
Item No.
QTY.
Description
Unit Price
Ext. Price
1 SN-ELC-MON
1 Santiago Park
Double Faced Monument
$270,641.83
$270,641.83
2 SN-ELC-MON
1 Centennial Park
Double Faced Monument
$289,881.98
$289,881.98
3 SN-ELC-MON
1 Jerome Park
Double Faced Monument
$285,344.28
$285,344.28
4 SN-ELC-MON
1 Delhi Park
Double Faced Monument
$290,318.49
$290,318.49
5 SN-ELC-MON
1 Carl Thornton Park
Double Faced Monument
$284,432.51
$284,432.51
SANTIAGO PARK DOUBLE FACED
OPTION
Quote is for 4 double faced Digital
Marquees and Santiago Park Double
Faced Digital Marquee option.
Each line item includes the total cost
for each location: Monument,
Daktronics Screen, Permitting,
Engineering, Material, Equipment,
Installation, Tax and Bond.
Prices are valid for 45 days from the date of this contract Sales Total:
$1,420,619.09
Initial By:
Tax Total:
$0.00
Date:
Deposit:
The above items are required () working production days.
Total Due:
$1,420,619.09
The above prices do not include permits or permitting labor/fees unless noted Page:
1 of 1