The URL can be used to link to this page

Home My WebLink AboutORANGE COUNTY CONTRACTORS SERVICES DBA ORANGE COUNTY MAILBOXES AND CONSTRUCTION 4 - 2014i;4SURANCE ON FILE A -2014 -222 WORK MAY PROCEED UNTIL, INSURANCE EXPIRES CLERK OF COUNCIL �l DATE: T AGREEMENT TO PROVIDE SECURITY ENHANCEMENTS AND DEFERRED MAINTENANCE FOR FORMER YMCA BUILDING THIS AGREEMENT, made and entered into this 17t1' day of September, 2014 by and between Orange County Contractors Services dba Orange County Mailboxes and Construction, a sole proprietor 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 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: I. SCOPE OF SERVICES Contractor shall perform specific security enhancements and physical improvements to the former YMCA building (the "Property ") which is in serious disrepair due to age and vandalism. The details of the repairs and enhancements are set forth in the Bid Proposal dated September 18, 2014, attached hereto and incorporated herein as Exhibit A. Contractor shall maintain the Property in a neat, clean, sanitary and safe condition, to the satisfaction of City, at the sole cost and expense of the Contractor. It should be maintained in a manner consistent with community standards which will uphold the value of the Property, in accordance with this Agreement, the Santa Ana Municipal Code and all other applicable local, state and federal rules, regulations and standards. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services described in Exhibit A, an amount not to exceed $44,000.00 during the term of this Agreement. A detailed breakdown of the charges is included as the Bid Proposal (Exhibit A) amounting to $38,749.00, with an additional 10% of $3,87490 contingency for a total project estimate of $42,623.90. Special materials and the contingency amount may only be utilized by the Contractor with prior written approval of the Executive Director of the Community Development Agency, or her designee. b. There will be progress payments: the 1st progress payment of $19,654.00 shall be due upon completion, inspection and approval by City for work performed to the north side of the building as set forth in greater detail in Exhibit A. The 2 "d progress payment of $15, 220.10 shall be due upon completion, inspection and approval by City for remaining work performed. The retention amount of $3,874.90 shall be paid thirty (30) days after project completion. Contractor must provide a written invoice along with an unconditional lien release for such payment to be issued. c. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance of a construction professional. 3. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2014, unless terminated earlier in accordance with Section 12, below. The Term of this Agreement may be extended for good cause by a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. 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 therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence and in the aggregate. Such insurance shall be endorsed as follows: (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. (Sample Additional Insured Endorsement attached hereto as Exhibit B) b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 combined single limit. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's 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 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. 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. e. 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 effect 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. 6. 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 negligence, recklessness or willful misconduct 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 negligence, recklessness or willful misconduct of Contractor 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 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, nothing herein shall be construed to require Contractor to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. 7. 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 facsimile 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 Courtesy copies to: Executive Director Community Development Agency City of Santa Ana 20 Civic Center Plaza (M -25) P.O. Box 1988 Santa Ana, California 92702 Fax 714 - 647 -6549 and 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 facsimile, 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 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 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. 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 seven (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. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. LIENS Contractor shall not permit any mechanics', materialmen's or other liens of any kind or nature ( "Liens ") to be filed or enforced against the Property in connection with this Agreement. Contractor shall indemnify, defend and hold harmless City from all liability for any and all liens, claims and demands, together with costs of defense and reasonable attorneys' fees, arising from any Liens. City reserves the right, at its sole cost and expense, at any time and from time to time, to post and maintain on the Property, or any portion thereof, or on the improvements on the Property, any notices of non- responsibility or other notice as may be desirable to protect City against liability. In addition to, and not as a limitation of City's other rights and remedies under this Agreement, should Contractor fail, within ten (10) days of written request from City, either to discharge any Lien or to bond for any Lien, or to defend, indemnify, and hold harmless City from and against any loss, damage, injury, liability or claim arising out of a Lien, then City, at its option, may elect to pay such Lien, or settle or discharge such Lien and any action or judgment related thereto and all costs, expenses and attorneys' fees incurred in doing so shall be paid to City, as applicable, by Contractor upon written demand. 14. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS Contractor shall carry out all services pursuant to this Agreement in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City, and of any other political subdivision, authority, or instrumentality exercising jurisdiction over the City, including all applicable federal, state, and local occupation, safety and health laws, rules, regulations and standards, applicable state and Federal labor standards, prevailing wage requirements, the City zoning and development standards, City permits and approvals, building, plumbing, mechanical and electrical codes, as they may apply, and all other provisions of the City and its Municipal Code (as they may apply), and all applicable disabled and handicapped access requirements, including, without the limitation, the Americans With Disability Act, 42 U.S.C. § 12101 et seq., Government Code § 4450 et seq., and the Unruh Civil Rights Act, Civil Code § 51 et seq. 15. 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. 16. 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. 17. 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 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. 18. 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. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. {Signatures on following page} IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: �• f Maria D. Huizar Clerk of the Council SONIA R. CARVALHO City Attorney By: _ Lisa Storck Assistant City Attorney CITY OF SANTA ANA David Cavazos City Manager CONTRACTOR Edward Schade, Owner 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 Community Development Department C /0: Muriel Ullman 20 Civic Center Plaza M -37 Santa Ana, CA 92701 BID PROPOSAL Old YMCA Building 205 W Civic Center Drive Santa Ana, CA ,Date Estimate # 9/18/2014 3013 Customer Contact Customer Phone Terms Rep Project 714 - 647 -3306 Net 30 Qty 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 $19,654.00 DUE UPON COMPLETION, INSPECTION AND APPROVAL FROM CITY CONSTRUCTION MANAGER OF WORK PERFORMED TO NORTH SIDE OF BUILDING. NORTH SIDE WORK INCLUDES: 10 PLYWOOD WINDOW COVERS ON UPPER WINDOWS, REMOVAL OF STEEL 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 became 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. Ourworkers 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 ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature Date of Acceptance Returned Products require authorization from Orange County Mailboxes. Returned products must be shipped prepaid frleght 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 1 Note: we may withdraw this proposal If not accepted within 30 days. rass 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 I City of Santa Ana Community Development Department C /O: Muriel Ullman 20 Civic Center Plaza M -37 Santa Ana, CA 92701 BID PROPOSAL rDate Estimate 9/18/2014 3013 I Ship To I I I Old YMCA Building 205 W Civic Center Drive Santa Ana, CA Customer Contact Customer Phone Terms Rep Project 714- 647 -3306 Net 30 Qty Description Rate Total DRUMS, DEMO OF ELECTRICAL STRUCTURE, INSTALLATION OF IRON FENCING. LIEN RELEASE WILL BE PROVIDED WITH SUBMITTED PROGRESS PAYMENT INVOICE. FINAL PAYMENT MINUS 10% RETENTION IN THE AMOUNT OF $15,220.10 DUE UPON COMPLETION, INSPECTION AND APPROVAL FROM CITY CONSTRUCTION MANAGER OF REMAINING WORK. LIEN RELEASE WILL BE PROVIDED WITH INVOICE. RETENTION PAYMENT IN THE AMOUNT OF $3,874.90 DUE WITHIN 30 DAYS OF PROJECT COMPLETION. UNCONDITIONAL LIEN RELEASE WILL BE PROVIDED WITH INVOICE. 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 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 frieght 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 2 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 I City of Santa Ana Community Development Department C /O: Muriel Ullman 20 Civic Center Plaza M -37 Santa Ana, CA 92701 BID PROPOSAL Date Estimate# 9/18/2014 3013 I Ship To _ I Old YMCA Building 205 W Civic Center Drive Santa Ana, CA Customer Contact Customer Phone Terms Rep Project 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 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 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 freight 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 3 Note: we may withdraw this proposal If not accepted within 30 days. [ New �[� r i 7 ➢. I c i %jf 'a 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 Community Development Department C /O: Muriel Ullman 20 Civic Center Plaza M -37 Santa Ana, CA 92701 BID PROPOSAL Ship To Old YMCA Building 205 W Civic Center Drive Santa Ana, CA Date Estimate # 9/18/2014 3013 Customer Contact Customer Phone , Terms Rep Project 714 - 647 -3306 Net 30 Qty Description Rate ; Total 1 * * * ** *NOTES AND SCOPE FOR GLASS REPAIR * " " * * *' 12,725.00 12,725.00 1. GLASS PANES WILL BE REPLACED FROM OUTSIDE. 2. GLASS PANES AND WINDOW PUTTY WILL BE REMOVED USING SAFE WORK PROCEDURES AND SAFETY EQUIPMENT FOR HAZARDOUS MATERIAL. 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 1/8" THICK 12" X 12" CLEAR GLASS INTO EXISTING METAL WINDOW FRAMES, SECURED WITH WINDOW PUTTY. 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 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 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 4 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 Community Development Department C /O: Muriel Ullman 20 Civic Center Plaza M -37 Santa Ana, CA 92701 BID PROPOSAL Ship To Old YMCA Building 205 W Civic Center Drive Santa Ana, CA "Date ". Estimate # 9/18/2014 3013 Customer Contact Customer Phone , Terms Rep Project 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. 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, 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 ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature Date of Acceptance Returned Products require authorization from Orange County Mailboxes. Returned products must be shipped prepaid frieght to Orange County Mailboxes, 18109 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 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 Community Development Department C /O: Muriel Ullman 20 Civic Center Plaza M -37 Santa Ana, CA 92701 BID PROPOSAL Date Estimate # 9/18/2014 3013 Ship To I Old YMCA Building 205 W Civic Center Drive Santa Ana, CA Customer Contact Customer Phone Terms Rep Project 714 - 647 -3306 Net 30 City 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. 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 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 tout of competent jurisdiction. Estimator ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature Date of Acceptance 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 92646. 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. 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 I City of Santa Ana Community Development Department C /O: Muriel Ullman 20 Civic Center Plaza M -37 Santa Ana, CA 92701 BID PROPOSAL Ship To Old YMCA Building 205 W Civic Center Drive Santa Ana, CA Date Estimate 9/18/2014 3013 Customer Contact Customer Phone Terms Rep Project 714 - 647.3306 Net 30 Qty 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 Subtotal $38,749.00 Sales Tax (8.0 %) $0.00 Total $38,749.00 All material is guaranteed to be as specified. All work to be completed in substantial workmanllke 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 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 freight 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 7 Note: we may withdraw this proposal If not accepted within 30 days. EXHIBIT B ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # 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 , this endorsement form as a part of Policy # Issued to Named Insured Countersigned by Authorized Representative f►- o vv CERTIFICATE OF LIABILITY INSURANCE DATE(MWOOIYYYY) THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL 6/4/2014 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(in) 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 endomement(s). PRODUCER Insurance Partners, Inc. - Santa Ana 2107 N. Broadway Suite 108 ME• Christ x% yo PXONB ppX (714) 285 -4800 Fg1yp CFF L Santa Ann G 927D6 A INSURER(S) AFFORDING COVERAGE NAICs INSURERA; security National Insurance Cc 33120 INJURED 714) 878 -3 93 Edward eahaee nEAr Orange County Mailboxes and Orange County Contractor Services 18100 Kovacs Lane INSURER e: E 11000,000 INSURER C: CLAIMS -MADE T OCCUR INSURER O: Huntington Beach G 92648 INSURER E: SURER F: PDMOz To Lr S 3 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE E -R MIr P5 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. LTR TYPE OF INSURANCE POLICY NUMBER Fg1yp CFF Y LIMITS $ A K COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE - E 11000,000 CLAIMS -MADE T OCCUR Y PDMOz To Lr S 3 NAIOS900101 5/27/2014 5/27/2015 E 1001000 MID EXPAN one roman S 51000 PERSONAL d ADV INJURY S 11000,000 ,F0, LIMIT APPLIES PER: GENERAL AGGREGATE E 2,000,000 GEN'LAGGRE� E IT b ��,,, PRODUCTS- COMP/OPAGO S 21000,000 POLICY dECT LOO A 1A E OTHER: O AUfOMO &LE DABILITY - - - CCMBINEDSINGLEUIAT E MYAUTO ALL OWNED SCHEDULED t �• RCK {torn EDGILY INJURY (P., peracn) s AUTOS AUTOS ��gp C y BODILY INJURY (Per aoddem) S HIRED AUTOS AUTO ED nt MSIS WW RT DAMAGE E $ UMBIMELLA me OCCUR EACH OCCURRENCE E EXCESS LAD CLAIMS-MADE AGGREGATE E OED RETENRON $ WORKERS COMPENSATION A AND EMPLOYERS' LIABILITY YIN SWC1045474 - 6/1/2014 6/1/2015 K T E.L. EACH ACCIDENT $ 11000,000 ANY PERIMEM OR/ PARLUDED%ECUTIVE OFFlCEPoMIn NIA NFI)EXCLUDED? (Mandatory ln Nnd dI"ON under E.L. DISEASE• EA EMPLOYE E 11000,000 E.L. DISEASE - POLICY LIMIT E 11000/000 Dy., DESCRIPTION OF OPERATIONS babW DESCRIPTION OF OPERATIONS ILOCATIONS /VEMCLES (ACORD 101, Addmonai Remarks ScAaduN, may ne ACaehad V more spa. le required) Certificate Holder is naaad Additional Insured The City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Public Norke Agancy 220 B Deiay Ave M -85 Santa Ana CA 92702 AUTHORIZED REPRESENTN�TAE TBBB -mit ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Page 2 of 3 ADDITIONAL INSURED ENDORSEMENT Insurance Company J�X119/ena�Ii9JU�Cfrie� your This endorsement modifies such insurance as is afforded by the provisions of Policy # /1/VUf; 9/ID /01 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 _-044 Z/ Z , this endorsement form as a part of Policy #1 %wly) - 7,1)6101 Issued to Named Insured Countersigned by Authorized Representative APPROVEDD S TO FORM LISA E. STORCK 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 M SCHEDULE or 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. (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 '_�MRR If required by written contract or agreement: Such insurance as is afforded by this policy shall be O� Y primary insurance, and any insurance or self- insurance maintained by the above additional 'to � insured(s) shall be excess of the insurance afforded to the named insured and shall not contrib, tU v N% to it. 0 Waiver of Subrogation ,�S S�ORG`t P 0 If required by written contract or agreement: We waive any right of recovery we may a9 nus��t Cm Ptto an entity that Is an additional insured per the terms of this endorsement because o payms�ys� 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, Inca Page 1 of 1 Used with permission