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HomeMy WebLinkAboutORANGE COUNTY CONTRACTORS SERVICES DBA ORANGE COUNTY MAILBOXES AND CONSTRUCTION 3 - 2014V�4RKtAY PRQOI.FI? UNTIL 11 S AN Pin LFSK OF G0 ?1 OATS: AGREED THIS AGREEMENT, made and entered into this 2nd day of July, 2014 by and between Orange County Contractors Services DBA Orange County Mailboxes and Construction, a sole ownership entity, (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 general construction maintenance services. B. Contractor 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 contracting f mr 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: i. SCOPE OF SERVICES Contractor shall perform specific security enhancements and physical improvements to the former YMCA building which is in serious disrepair sue to age and vandalism. The details of the repairs and enhancements are set forth in the Bid Proposal attached as Exhibit A to this Agreement. COMPENSATION a. City agrees to pay, and Contractor agrees to accept, as total payment for its services described in Exhibit A the sum of$35,145.31. A detailed breakdown of the charges for the services to be provided is included as part of Bid Proposal attached hereto as Exhibit A. Special materials may only be purchased by the Contractor only on authorization of the City Project Manager. b. Payment by City shall be made as follows: A progress payment in the amount of $10,655.00 shall be due upon completion of site work and plywood painting. A second progress payment of $9,121.31 shall be due upon completion of glass repairs, and a final payment in the amount of $15,369.00 shall be due upon completion. Payment need not be made for work which fails to meet the A -2014 -464 Page ! standards of performance set forth in the Recitals which may reasonably be expected by City. C. No new 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 on some occasions. Work performed prior to obtaining written approval of the City shall not be included within the Scope of Work and may not be paid, 3. TERM This Agreement shall commence on the date first written above and terminate in thirty (30) days on August 1, 2014, unless terminated earlier in accordance with Section 12, below. At the expiration of the 30 -day period, the tern may be extended for additional 30 -day period exercisable by the City Manager and City Attorney. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not i a employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. S. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single Iimit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total . amount of $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 with Page 2 respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. b. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, 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 Page 3 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 terns 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 asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief dine 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. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information' shall include all nonpublic information, Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 8. 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. 9. 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 telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714- 647 -6956 Page 4 With courtesy copies to: and City Manager City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714 - 647 -6515 To Contractor: Edward Schade Orange County Mailboxes and Construction 18100 Kovacs Lane, Unit 27 Huntington Beach, California 92648 Fax; 714-907-0644 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 telefacsiimile, 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. 10. 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 connection with the former YMCA building. 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 neither Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. Page .i 11. 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. 12. TERMINATION a. This Agreement may be terminated by the City upon fifteen (15) days written notice of termination. However, the City reserves the right to terminate this Agreement for cause immediately. Additionally, if Contractor fails to meet the specifications of this Agreement for a period of sever (7) cumulative days, the City may terminate the balance of this Agreement by written notice of termination to the Contractor, which notice shall be effective two (2) days after mailing. b. Contractor may upon fifteen (15) days written notice, request termination when conditions during the Agreement term make it impossible or impractical to proceed or when prevented from proceeding by act of God, by law or official action of a public authority. 13. DISCRIMINATION 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. 14. JURISDIC'T`ION - 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 detennined 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. 15. 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 State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. Page 6 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow 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: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorne By: Jos JSpAdoval C n Assistant City Attorney CITY OF NTA ANA wzz DAVID CAVAZOS City Manager CONTRACTOR = rRDS' EDWARD SCHAD Owner Page 7 EXHIBIT "A" CA,LIC. #923972 Orange County Contractor Services dba: Orange County Mailboxes 18100 Kovacs Drive #27 Huntington Beach, CA 92648 www.orangecountymailboxes.com Phone: 714 -878 -3093 FAX: 714 -907 -0644 MIR City of Santa Ana Public Works Agency 220 S. Daisy Avenue, M -85 Santa Ana, CA 92702 Ship To Old YMCA Building 205 W Civic Center Drive Santa Ana, CA Date Estimate # 5129/2014 2981 Customer Contact Customer Phone Terms Rep Project Sal or Pedro 714 - 647 -3306 Net 30 Qty I Description Rate Total * * * * ** *NOTES AND SPECIFICATIONS* * * * " " * * * " 1. THIS ESTIMATE IS BASED ON REQUESTED ITEMS PER THE CITY OF SANTA ANA 2, NO COSTS ARE INCLUDED FOR ANY UNFORESEEN CONDITIONS AND /OR DUE TO THE EXISTING DEFECTIVE INFRASTRUCTURE. 3. ANY ADDITIONAL PROBLEMS FOUND AND /OR REPAIRS NEEDED WILL BE REPORTED TO PROJECT MANAGER AND A CHANGE ORDER WILL BE SUBMITTED. 4. THIS PROJECT WILL REQUIRE SIDEWALK CLOSURES ADJACENT TO MAIN BUILDING ON SYCAMORE AND CIVIC CENTER. 5, ONE LARGE STORAGE CONTAINER WILL BE PLACED ONSITE ON THE SOUTH SIDE OF BUILDING DURING THIS PROJECT. 6. ESTIMATED TIME FOR THIS PROJECT IS 30 DAYS. 7. THIS ESTIMATE INCLUDES LABOR, MATERIALS, DISPOSAL, DELIVERY, AND SALES TAX. 8. PAYMENT TERMS AS FOLLOWS: PROGRESS PAYMENT IN THE AMOUNT OF $10,655.00 DUE UPON COMPLETION OF SITE WORK AND PLYWOOD PAINTING. PROGRESS PAYMENT IN THE AMOUNT OF $9,121.31 DUE UPON COMPLETION OF GLASS REPAIRS. FINAL PAYMENT IN THE AMOUNT OF $15,369.00 DUE UPON COMPLETION. id Proposal No. 2 * * * ** Subtotal Sales Tax (8.0 %) Total All material is guaranteed to be as specified. All work to be completed in substantial workmanlike manner according to specifications submitted, per standard practices. Any alteration or deviation from above specification involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents, or delays beyond eurcontrol. Cambric, carry fire, tornado and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance, If either party commences legal action to enforce its rights pursuant to this agreement, the prevailing party In said legal action shall be entitled to recover its reasonable attorney's fees and coals of litigation relating to said legal action, as determined by a court of competent jurisdiction. Estimator Signature ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and Signature are hereby accepted. You are authorized to do the work as specified. Date of Acceptance Payment will be made as outlined above. Returned Products require authorization from Orange County Mailboxes. Returned products must be shipped prepaid frieght to Orange County Mailboxes, 16100 Kovacs Lane Suite 27, Huntington Beach, CA 92648. Products must be in original shipping carious and returned within fourteen (14) days of receipt and are subject to a 30% restocking fee. Custom orders and special orders are not cancelable and will not be accepted for return or exchange. Page 1 Note: we may withdraw this proposal If not accepted within 30 days. CA.LIC. #923972 Orange County Contractor Services ribs: Orange County Mailboxes 18100 Kovacs Drive #27 Huntington Beach, CA 92648 www.orangecountymailboxes.com Phone: 714-878-3093 FAX: 714-907-0644 MIMI City of Santa Ana Public Works Agency 220 S. Daisy Avenue, M -85 Santa Ana, CA 92702 Ship To Old YMCA Building 205 W Civic Center Drive Santa Ana, CA 101 1 W 0 111 f Date Estimate 4 5/29/2014 2981 Customer Contact Customer Phone Terms Rep Project Sal or Pedro 714 -647 -3306 Net 30 City Description Rate Total 7 REPLACE EXCESSIVELY WORN PLYWOOD WINDOW COVERS ON BASEMENT WINDOWS ON 75.00 525.00 SOUTH AND EAST SIDE OF BUILDING USING 1/4" PLYWOOD. 7 REPLACE EXCESSIVELY WORN PLYWOOD WINDOW COVERS ON LARGE FIRST FLOOR 205.00 1,435.00 WINDOWS ON SOUTH AND EAST SIDE OF BUILDING USING 1/4" PLYWOOD. 10 CONSTRUCT PLYWOOD WINDOW COVERS ON LARGE HIGH WINDOWS ON NORTH SIDE OF 360.00 3,600.00 BUILDING USING 1/4" PLYWOOD. 1 DEMO, REMOVE AND DISPOSE OF ELECTRICAL STRUCTURE AND HOUSING ON NORTH 395.00 395.00 SIDE OF BUILDING. 1 CAP OFF OR CUT AND REMOVE BROKEN CONDUIT AND ANCHOR STUDS ON CONCRETE 85.00 85.00 FOOTING AT SOUTH SIDE OF BUILDING. 1 CLEAN OUT PLANTERS ON SOUTH WEST SIDE OF BUILDING AND PLACE NEW WOOD CHIP 395.00 395.00 GROUND COVERING. 1 REMOVE AND DISPOSE OF TWO STEEL DRUMS LOCATED AT NORTH EAST SIDE OF 290.00 290.00 BUILDING. 1 POWER WASH THREE ENTRANCE WAY STAIRS. 3 ON SOUTH SIDE AND 1 ON EAST SIDE. 180.00 180.00 * * ** *Bid Proposal No, 2 * * * ** Subtotal Sales Tax (8.0%) Total All material is guaranteed to be as specified. All work to be completed insubstantial workmanlike manner according to specifications submitted, par standard practices. Any alteration or deviation from above specification involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control. Owner to carry lire, tornado and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance. If either party commences legal action to enforce its rights pursuant to this agreement, the prevailing party in said legal action shall be entitled to recover its reasonable attorney's fees and costs of litigation relating to said legal action, as determined by a court of competent jurisdiction. Estimator Signature _ ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and Signature are hereby accepted. You are authorized to do the work as specified. Date of Acceptance Payment will be made as outlined above. Returned Products require authorization from Orange County Mailboxes. Returned products must be shipped prepaid frieght to Orange County Mailboxes, 18100 Kovacs Lane Suite 27, Huntington Beach, CA 92648. Products must be in original shipping cartons and returned within fourteen (14) days of receipt and are subject to a 30% restocking fee. Custom orders and special orders are not cancelable and will not be accepted for return or exchange. Page 2 Note: we may withdraw this proposal If not accepted within 30 days. CA1IC. #923972 Orange County Contractor Services dba: Orange County Mailboxes 18100 Kovacs Drive #27 Huntington Beach, CA 92648 www.orangecountymailboxes.com Phone: 714-878-3093 FAX: 714-907-0644 Bill To City of Santa Ana Public Works Agency 220 S. Daisy Avenue, M -85 Santa Ana, CA 92702 Ship To Old YMCA Building 205 W Civic Center Drive Santa Ana, CA Date Estimate # 5129/2014 2981 Customer Contact Customer Phone Terms Rep Project Sal or Pedro 714.647 -3306 Net 30 Qty Description Rate Total 1 * * * ** *NOTES AND SCOPE FOR GLASS REPAIR * " * " " *" 9,121.31 9,121.31 1. GLASS PANES WILL BE REPLACED FROM OUTSIDE. 2. GLASS PANES WILL ONLY BE REPLACED ON OUTWARD FACING WINDOWS, 2ND AND 3RD FLOOR, ON SOUTH AND EAST SIDE OF BUILDING. 3. 60 FT. ARTICULATING BOOM WILL BE REQUIRED AND USED DURING GLASS PANE REPLACEMENT, 4. THIS ESTIMATE ONLY INCLUDES THE REMOVAL AND REPLACEMENT OF 101 GLASS PANES. 5. GLASS REPLACEMENT WILL TAKE AN ESTIMATED 5 TO 7 WORKING DAYS. 6. BASED ON FIELD ESTIMATE, THE FOLLOWING WORK WILL BE PERFORMED: REMOVE EXISTING BROKEN GLASS AND INSTALL 116" THICK 12" X 12" CLEAR GLASS INTO EXISTING METAL WINDOW FRAMES, SECURED WITH WINDOW PUTTY. * * ** *Bid Proposal No. 2 * * * ** Subtotal Sales Tax (8.0 %) Total All ma terial is guaranteed to be as specified. All work to be completed In substantial workmanlike manner according to specifications submitted, per standard practices. Any alteration or deviation from above specification involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control. Owner to carry fire, tornado and other necessary Insurance. Our workers are fully covered by Workmen's Compensation Insurance. If either party commences legal action to enforce its rights pursuant to this agreement, the prevailing party in said legal acton shall be entitled to recover its reasonable attorney's fees and coats of litigation relating to said legal action, as determined by a court of competent jurisdiction. Estimator Signature ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and Signature are hereby accepted. You are authorized to do the work as specified. Date of Acceptance Payment will be made as outlined above. Returned Products require authorization from Orange County Mailboxes. Returned products must be shipped prepaid friaght to Orange County Mailboxes, 18100 Kovacs Lane suite 27. Huntington Beach, CA 92848. Products must be In original shipping cartons and returned within fourteen (14) days of receipt and are subject to a 30 restocking fee. Custom orders and special orders are not cancelable and will not be accepted for return or exchange. Page 3 Note: we may withdraw this proposal If not accepted within 30 days. CA.LIC, #923972 Orange County Contractor Services dba: Orange County Mailboxes 18100 Kovacs Drive #27 Huntington Beach, CA 92648 www.orangecountymailboxes.com Phone: 714 -878 -3093 FAX: 714-907-0644 City of Santa Ana Public Works Agency 220 S. Daisy Avenue, M -85 Santa Ana, CA 92702 Ship To Old YMCA Building 205 W Civic Center Drive Santa Ana, CA Date Estimate # 5/29/2014 2981 Customer Contact Customer Phone Terms Rep Project Sal or Pedro 714- 647 -3306 Net 30 Qty Description Rate Total 1 * * ** ^NOTES AND SCOPE FOR FENCE REPLACEMENT * * * * ** 15,369.00 15,369.00 1. REMOVE AND DISPOSE OF 141' OF EXISTING CHAINLINK FENCING ON NORTH SIDE OF BUILDING. 2, SUPPLY AND INSTALL 141' OF 8' HIGH ORNAMENTAL IRON FENCING WITH ARCHED SPEARED TOP ON NORTH SIDE OF BUILDING. 3. SUPPLY AND INSTALL 30' OF 30" HIGH ABOVE EXISTING WALL, ORNAMENTAL IRON FENCING WITH ARCHED SPEARED TOP ON EAST SIDE OF BUILDING. 4. SUPPLY AND INSTALL ONE 4' WIDE x 8' HIGH ORNAMENTAL IRON SINGLE SWING GATE WITH ARCHED SPEARED TOP ON EAST SIDE OF BUILDING. 5, ORNAMENTAL IRON FENCING TO HAVE A BLACK POWDER COAT FINISH. * * ** *Bid Proposal No. 2*'*** Subtotal Sales Tax (8.0%) Total All material is guaranteed to be as specified. All work to be completed in substantial workmanlike manner according to specifications submitted, per standard practices. Any alteration or deviation from above specification involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control. Owner to carry fire, tornado and other necessary insurance, Our workers are fully covered by Workmen's Compensation Insurance. If either party commences legal action to enforce its rights pursuant to this agreement, the prevalling party in said legal action shall be entitled to recover its reasonable attorney's fees and costs of litigation relating to said legal action, as determined by a court of competent jurisdiction. Estimator Signature ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and Signature are hereby accepted. You are authorized to do the work as specified. Date of Acceptance Payment will be made as outlined above. Returned Products require authorization from Orange County Mailboxes, Returned products must be shipped prepaid frieght to Orange County Mailboxes, 18100 Kovacs Lane Suite 27, Huntington Beach, CA 92648, Products must be in anginal shipping cartons and returned within fourteen (14) days of receipt and are subject to a 30% restocking fee. Custom orders and special orders are not cancelable and will not be accepted for return or exchange. Page 4 Note: we may withdraw this proposal If not accepted within 30 days. : 1111i:1-01111 IIa Orange County Contractor Services doe: Orange County Mailboxes 18100 Kovacs Drive #27 Huntington Beach, CA 92648 www.orangecountymailboxes.com Phone: 714 -878 -3093 FAX: 714-907-0644 Bill To City of Santa Ana Public Works Agency 220 S. Daisy Avenue, M -85 Santa Ana, CA 92702 Old YMCA Building 205 W Civic Center Drive Santa Ana, CA Date Estimate # 512912014 2981 Customer Contact Customer Phone Terms Rep Project Sal or Pedro 714647 -3306 Net 30 Oty Description Rate Total * * * * * *" *PAINTING ENVIRONMENTAL NOTES' * * * * * * *.* 1. ALL COATINGS AND COATING APPLICATIONS TO BE IN COMPLIANCE WITH MANUFACTURER'S RECOMMENDATIONS FOR ENVIRONMENTAL CONDITIONS, 2. ALL COATINGS AND COATING APPLICATIONS TO BE IN COMPLIANCE WITH STATE AND LOCAL REGULATIONS GOVERNING THE USE OF PAINT MATERIALS, 3. FINISH COAT NOT TO BE APPLIED IN AREAS WHERE DUST IS BEING GENERATED, 4. NO PAINT TO BE APPLIED IN WIND, RAIN, FOG AND/ OR MIST, OR WHEN THE TEMPERATURE IS BELOW 50 DEGREES F. " *Bid Proposal No. 2 ° * * * Subtotal Sales Tax (8.0 %) Total All material is guaranteed to be as specified. All work to be completed in substantial workmanlike manner according to specirlcations submitted, per standard practices. Any alteration or deviation from above specification involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance. If either party commences legal action to enforce Its rights pursuant to this agreement. the prevailing party in said legal action shall be entitled to recover its reasonable attorney's fees and costs of litigation relating to said legal action, as determined by a court of competent jurisdiction. Estimator Signature ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and Signature are hereby accepted. You are authorized to do the work as specified. Date of Acceptance Payment will be made as outlined above. Returned Products require authorization from Orange County Mailboxes. Returned products must be shipped prepaid friaght to Orange County Mailboxes, 18100 Kovacs Lane Suite 27. Huntington Beach. CA 92648. Products must be In original shipping cartons and returned within foudeen (14) days of receipt and are subject to a 30% restocking fee. Custom orders and special orders are not cancelable and will not be accepted for return or exchange. Page 5 Note: we may withdraw this proposal If not accepted within 30 days. CA.LIC. #923972 Orange County Contractor Services dba: Orange County Mailboxes 18100 Kovacs Drive #27 Huntington Beach, CA 92648 www.orangecountymailboxes.com Phone: 714- 878 -3093 FAX: 714-907-0644 Bill To City of Santa Ana Public Works Agency 220 S. Daisy Avenue, M -85 Santa Ana, CA 92702 Ard =W Ship To Old YMCA Building 205 W Civic Center Drive Santa Ana, CA Date Estimate # 5/29/2014 2981 Customer Contact Customer Phone Terms Rep Project Sal or Pedro 714- 647 -3306 Net 30 City Description Rate Total 1 * * * * ** *NOTES AND SCOPE FOR PAINTING OF PLYWOOD AND RAILINGS *** ** * ** 3,750,00 3,750.00 1, THIS ESTIMATE INCLUDES PAINTING OF THE FOLLOWING: 46 PLYWOOD WINDOW COVERS ON MAIN BUILDING. 1 HANDRAIL FOR CENTER ENTRANCE ON SOUTH SIDE OF BUILDING, 1 PLYWOOD WINDOW COVER AND 1 DOOR COVER ON DETACHED SOUTH WEST BUILDING (OLD CHAMBER OF COMMERCE BUILDING), 2, WOOD ATTACHED TO HANDRAIL WILL BE REMOVED PRIOR TO PAINTING. 3, PREPARE WINDOW COVERS AND 1 HANDRAILING FOR PAINTING WHICH INCLUDES: MASKING, LIGHT SANDING, PRIME IF NEEDED. 4. PAINT WINDOW COVERS, 1 HANDRAIL, AND 1 DOOR COVER. 5. CLEAN UP DEBRIS AS NEEDED. 6. PAINT COLORS TO BE DETERMINED * * ** *Bid Proposal No. 2 * * * ** Subtotal $35,145.31 Sales Tax (8.0 %) $0.00 Total $35,145.31 All material is guaranteed to be as specified. All work to be completed insubstantial workmanlike manner according to specifications submitted. per standard practices. Any alteration or deviation from above specification involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control. Owner to carry fire, tornado and other necessary Insurance. Our workers are fully covered by Workmen's Compensation Insurance. If either party commences legal action to error as its rights pursuant to this agreement, the prevailing parry in said legal action shall be entitled to recover its reasonable attorney's fees and costs of litigation relating to said legal action, as determined by a court of competent jurisdiction. Estimator Signature ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and Signature are hereby accepted. You are authorized to do the work as specified. Date of Acceptance Payment will be made as outlined above. Returned Products require authorization from Orange County Mailboxes. Returned products must be shipped prepaid Weight to Orange County Mailboxes, 18100 Kovacs Lane Suite 27, Huntington Beach, CA 92640. Products must be in original shipping cartons and returned within fourteen (14) days of receipt and are subject to a 30% restocking fee, Custom orders and special orders are not cancelable and will not be accepted for return or exchange. Page 6 Note: we may withdraw this proposal If not accepted within 30 days. Aac Dr CERTIFICATE OF LIABILITY INSURANCE DATE(MMDD /YYYY) TYPE OF INSURANCE fi/4/2014 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(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not Confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Insurance Partners, Inc. - Santa Ana 2107 M. Broadway Suite 108 OONT M Christ Ma o PHONE (714) 285 -4800 nAic No: AM Santa Ana CA 92706 INSURE F98) AFFORDING COVERAGE NAIC# INSURER A: SBCULit National Insurance Cc 33120 5/27/2015 INSURED 71 4) 878 -3093 Ndward Schade DBAI Orange County Mailboxes INSURER B: INSURERC: _ $ 100,000 and Orange County Contractor Services 18100 Kovacs Lane INSURER 0: _ INSURER E: Huntington Beach CA 92648 INSU nF: a,vv orwaca CERIIrRVAfE NUmtltK: Cert ID 1457 RE111AH M All I"GCo. 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. RISE In TYPE OF INSURANCE I= wIIC POLICY M POL DWI LIMITS A E COMMERCIAL GENERAL LIABILITY CLAIMSMADE [i] OCCUR y NAIO5900101 5/27/2014 5/27/2015 EACH OCCURRENCE $ 1,000,000 -IDWAGE TO RENTED PREMISES fffamnummcm $ 100,000 MED EXP IAn y one pemmn $ 51000 PERSONAL a ADV INJURY $ 11000,000 GENIAGGREGATE A YT(L T jN '�ty�jY TO TO h' 7 M � - LIMITAPPLIES PER: POLICY ❑ JECOT 7 LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP /OP AGO $ 2,000,000 $ OTHER: O " ` .�. AUTOMOBILE LABILITY - - '~ ,( QG" C 1 S GL En e.WAII $ BODILY INJURY (Per pawn) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OMED AUTOS 4 `1Sp` S. ��ee,s� \Sfan t G' As S y jAttOrn BODILY INJURY (PerevdtleM) $ OPERTV DPMAGE Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCBSSUMS CLAIMSMADE AGGREGATE $ DEC I I RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS'LIABILNY YIN ANYPROPRIETORIPARTNDED? CUTIVE OFFICER /MEMBER EXCLUDED? ❑ (Mandatory In NH) Ir Yea, deacdbs under DESCRIPTION OF OPERATIONS below N/A SWC1045474 6/1/2014 6/1/2015 $ ST TU O H leg E.L. EACH ACCIDENT $ 1 000,000 E.L. DISEASE - EA EMPLOYE $ 11000,000 E.L. DISEASE - POLICY OMIT $ 11000,000 DESCRIPTION OF OPERATIONS I LCCAMONS / VEHICLES (ACORD 101, AWRlonal Remarks Schedule, may be xuached If more apace is required) Certificate Bolder is named Additional insured The City of Santa Ana Public Works Agency 220 S Daisy Ave M -85 Santa Ana CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. reserved. AGUKU ZO (ZU141U7) The ACORD name and logo are registered marks of ACORD Page 2 of 3 ADDITIONAL INSURED ENDORSEMENT Insurance Company J �7i ®nom �Zi�sui�irr� ei�v�na� This endorsement modifies such insurance as is afforded by the provisions of Policy # 9%D /D/ relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702; its officers, employees, agents and volunteers are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective g41-12/4/ this endorsement form as a part of Policy# /l/.S %(%0 /a� Issued to Named Insured Countersigned by Authorized Representative APPROVED ,�AS TO FORM A E, gTCRCK Assistant city Attorney THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSUREDS - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Policy Number: NA105900100 Endorsement Effective: 5/27/2013 12:01 a.m. Named Insured Countersigned By: EDWARD MAKOTO SCHADE, DBA: ORANGE COUNTY CONTRACTOR SERVICES SCHEDULE Name of Person or Organization: Any person or organization that the named insured is obligated by virtue of a written contract or agreement to provide insurance such as is afforded by this policy. Location: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only to the extent that the person or organization shown in the Schedule is held liable for your acts or omissions arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. The words "you" and "your" refer to the Named Insured shown in the Declarations. D. "Your work' means work or operations performed by you or on your behalf; and materials, parts or equipment furnished in connection with such work or operations. Primary Wording If required by written contract or agreement: Such insurance as is afforded by this policy shall be voo primary insurance, and any insurance or self- insurance maintained by the above additional 10 insured(s) shall be excess of the insurance afforded to the named insured and shall not contribu v to it. O T�'' G Waiver of Subrogation P E, S� ®pRtto ney If required by written contract or agreement: We waive any right of recovery we maw b a s�� Cty an entity that is an additional insured per the terms of this endorsement because paymgrjse make for injury or damage arising out of "your work' done under a contract with that person or organization. 49 -0108 07 11 May Include Copyrighted Material of Insurance Services Offices, Inc. Page 1 of 1 Used with permission