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HomeMy WebLinkAboutVALDEZ, ELLIOT AND LISA NSUiRANCk ii0 2-CA-Lo AGREEMENT FOR REIMBURSEMENT OF COSTS OF REPLACEMENT WINDOWS A-2003-277 THIS AGREEMENT (hereinafter the "Agreement"), dated November 15, 2010 for reference purposes only, is made and entered into by and between Elliot & Lisa Valdez, 2514 N Lincoln Avenue, (hereinafter "Owner"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). >C__ RECITALS A. The Southern California Regional Rail Authority ("SCRRA") constructed a second main railroad track from La Veta Avenue in Orange, south to Seventeenth Street in Santa Ana. B. SCRRA and the City entered into a Settlement Agreement A-2003-005, (hereinafter "said Agreement") whereby both parties agreed to install and construct certain improvements to enhance the character and appearance of the community in the Project Area. Those enhancements include installation of double pane windows for homes facing the railroad on the west side of Lincoln Avenue in Santa Ana. C. Owner owns that certain property located at 2514 N Lincoln Avenue, (hereinafter "Property") and desires to replace those windows at the Property which face the railroad. OWNER is paying all or part of the cost of the work to be performed with funds provided by the City of Santa Ana ("City) pursuant to said Agreement. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: OWNER agrees, at its sole cost and expense, to contract with a California licensed general contractor, to install double pane, sound insulating windows to replace those windows on said Property which face the railroad on the west side of Lincoln Avenue, as set forth in Exhibit A, attached hereto. a. OWNER, or his designated contractor, shall install the replacement windows in conformance with the specifications listed in Exhibit B, attached hereto. b. Upon completion of the installation, Owner shall request City Public Works verification of window replacement.. 2. Upon City review and acknowledgement of the replacement window installation, CITY shall, issue to OWNER, a check in the amount of Written Amount, $2882 which is the actual cost of replacement for identified windows meeting the minimum requirements set forth in exhibit B. 3. OWNER hereby acknowledges that receipt of CITY'S payment in the amount of $2882 fully satisfies CITY'S obligation regarding installation of double pane windows at Owner's property. 4. INDEPENDENT PARTIES. Owner, in contracting for replacement windows, is acting as an independent party and not as an agent or employee of City. Nothing contained in this Agreement will be deemed or construed for any purpose, to establish, between the parties, a partnership or joint venture, a principal-agent relationship, employee-employer relationship or any relationship other than City and Property Owner. 5. This Agreement is intended to benefit only the City and Owner and no other person or entity has or shall acquire any rights hereunder. 6. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of Owner and City. This Agreement constitutes the entire Agreement between the City and Owner and supersedes all prior understandings and Agreements between the parties with respect to the subject hereof. This Agreement may be modified only in writing, signed by both parties hereto. 7. All Exhibits referenced herein and attached hereto shall be incorporated as though fully set forth in the body of this Agreement. OWNER: Elliot & Lisa Valdez 2514 N Lincoln Avenue is CITY OF SANTA ANA David N. Ream, City Manager Date: /i -i 7 -1 C .2010 Date: 2010 Date: 2010 ATTEST: Maria D. Huizar, Clerk of e Council APPROVED AS TO FORM: Jo eph .Fletcher, City Attorney RECOMMENDED FOR APPROVAL: Raul Godinez Executive Direct , Public Works EXHIBIT A SANTA ANA SECOND MAIN TRACK PROJECT SOUND INSULATION - WINDOW REPLACEMENT WINDOW SIZE AND LOCATION INVENTORY Owner Name Addresses Windows Sliding TX 3' 3'X6' 4'X8' Doors 18 ROBERT L BANUELOS 1019 E BUFFALO AVE 2 1 2 SANTA ANA 92706-3041 19 GARY M PREUSS 1018 E BUFFALO AVE 5 2 SANTA ANA 92706-3042 20 RAYMOND G & ROSA 1019 E CATALINA AVE 1 3 1 E SANTOS SANTA ANA 92706 21 * MARK J & RAANI G 10 18 CATALINA AVE SANTA 2 1 1 RUHL ANA 92706-3050 22* NICOLAS HUERTA 1017 E 21 ST ST SANTA ANA 1 92706-3026 23* REYES BARBARA I 1017 E 20TH ST SANTA ANA 1 TRUST 92706 24* SILVIA AREVALO 1018 E 20TH ST SANTA ANA 2 1 92706-3019 25* JUAN R VASQUEZ 1017 E 19TH ST SANTA ANA 1 92706-3010 26 GUILLERMO BENITEZ 1013 E 18TH ST SANTA ANA 2 1 1 92706-3002 27 MICHAEL G & LAURIE 2643 LARCHMONT AVE 1 1 1 B MOORE SANTA ANA 92705-6741 28* HERNAN & MARIA G 2637 N LARCHMONT AVE 1 I 1 Z SANTA ANA 92701- 29* JOHANNA FLORES 2631 LARCHMONT AVE 2 1 2 SANTA ANA 92705-6741 30* OAKLEY WAITE 2625 LARCHMONT AVE I I SANTA ANA 92705-6741 31* MAN VAN TRAN 1022 E PARK LN SANTA ANA 1 5 2 92705-6746 32 LARRY D JR & 1017 VIRGINIA AVE SANTA 6 VICTORIA E ANA 92706-2031 HANCOCK 33 MARTIN LAMAS 10 18 VIRGINIA AVE SANTA 5 2 GONZALES ANA 92706-2032 Total 31 65 26 10 *There is a wall on the side facing Lincoln Avenue. Actual location and size of windows to be replaced will be determined in the field. Page 2 EXHIBIT B PART 1-GENERAL 1.01 SUBMITTALS A. Submit following items: 1. Product Data and Final Invoice by the Vendor/Installer. 2. Include a window schedule, Vendor and Installer contact information, and product specifications that meet the minimum requirements in this exhibit. 3. Quality Assurance/Control Submittals: a. Qualifications: Proof of manufacturer's qualifications. b. U-Factor and structural rating charts required for AAMA and NFRC labeling requirements. C. Homeowners must obtain manufacturer certification statement to document window eligibility for the tax credit. 1.02 QUALITY ASSURANCE A. Overall Standards: Comply with ANSI/AAMA/NWWDA 101/I.S.2, except as otherwise noted herein. B. Qualifications: 1. Manufacturer Qualifications: a. Minimum five years experience in producing vinyl windows of the type(s) specified. b. Member of the following: AAMA (American Architectural Manufacturers Association), NFRC (National Fenestration Rating Council). PART 2 - PRODUCTS 2.01 GENERAL PERFORMANCE REQUIREMENTS A. UV Value and SHGC equal to or less than 0.30. B. Energy Efficient Compliance and NFRC certification. C. Dual Pane, Low-E, Sound Package and/or Sound Proof. D. Minimum STC Rating 34 PART 3 - EXECUTION 3.01 INSTALLATION A. Install windows in framed walls in accordance with AAMA 2400. B. Do not remove temporary labels. C. Install insect screens on operable sash, if requested by the homeowner. 3.02 CLEANING A. S.A.M.C. Section 16-30(f) -Cleaning and Waste Management. B. Remove temporary labels and retain for Closeout Submittals. C. Clean soiled surfaces and glass using a mild detergent and warm water solution with soft, clean cloths. - CV% 53 AM AVW Orange FAQ{ No, 714 O9713/25 P. 001 CORPORATE OFFICE ORANGE OFFICE SAN JOSE OFFICE American 2125-A N. Madera Rd. S1ml Valley CA 93065 548 IN. Katella Avenue Orange CA 92867 365 Reed St., Suite 8 Santa Clara CA 95050 ¦¦ Vi , 888-740-3600 PAX: 805-582-9414 , 888-565.0008 Fax: 714-997-1035 , 866-611-9365 FAx: 408-617.0905 sion 698 n Scheduling; .920-6777 . Pttrchasin 888-920-6555 ?= ¦ Seri iCe 222 888 92 IN,n.dows : - 0.7 Mn,tw°mum See the DiF Malt Ua el: www,AmerlcenylelonWlndowa,c.com W indow Contract Contract for Construction Material and Services Year Built - _0 Name ` Page / Window Brands tC a Go??"L,__ ( of / Anltn 0 New Vision Address I City state z; 0 Art Glass 0 Milgard 0 Great Lakes 0 OrePac Home Phone Business Phone Cell Ph 2 ?j ? 0 JT 0 Other I /( ? lJL> Products Simultaneous! Purchased Email Address Job Address ? same as above ? Windows O Lead ? Window Covering O Other: Source ©? Q AN^- City State Zip ? Entry Door ? Texcote Ism 40 Room Size Style Frame Color rxT•/INT Glass Type Grids COMMENTS W I H VNYt Aww CLAD FIR w6 WT-8 GAS Lo-E 7tup gas Fat Sd STOL VG 1 M ( -70 3$ KO ( In E3 S ? 2 ? t t/ 1 X 3 Kp k u - + / 4 rCp c R n s ?C 7Co n 1 g 6 S .? c 1. , LC W, r r< l 7 a ,? ( o Ju 9 L4 ? 10 . . T I „ &1 Ll? W o s 2 ( 1( ?INJ YI? e , 1 ( W a WtSS 12 13 14 15 16 17 Comments:. Af)18tr7 n ?l >7n /11) S r? /-!? /? ?Ql ? Construction /1 D L[>br G/Yl?°']5 /15 - ? Per it lnsfA ?4? rvJ - l? csf (? <i dr pI i ?vs? ?1 p_Pc l L '?-111.F ? ?' S t7 ?• '?? /1 P. rit? /?J / n F1it/? r-n.? r O?.r ..1./ .-. ? ,? ,.,1?' Price: Total contract price for all materials, labor and taxes, Including all applicable discounts: $ a ?? Pfl Payment: Contract price shall be aid as follows: 10% or $1,000 deposit (whidwer 40% due at / I{ y Is less) when contract signed ?. measure r d ?? due atreompletfon balance ? Cash Check No. ? Yisa ? Master Card ? American Express [I.D151;9yer ? Finance Amount Card No. Up Date Sec Code Financed: ...._ __....--... -.??_? u? „?•?, ,u• .",,u . ?,,,,. a„a w-,,,ens i m,eu on Pd Re MOT tnrs TOM and a addendum attached hereto. Cancellation of Contract by Contractor. Contractor can cancel this Contract at any time for any reason Including but not limited to pricing errors, design errors or If In Contractor s aole discretion Contractor determines that the scope of work described In the Contract is beyond what Contractor can reasonably perform. Contractors are required by law to be licensed and reSWeled by the Contractors State License Board, which has jurisdiction to invas agate complaints against contractors, if a complaint regarding a patent act or omission is filed within four years of the data of alleged violation. A complaint regarding a patent act or omission pertaining to structural detects must be filed within 10 years of the alleged violation. Any questions concerning Me contractor may be referred to the Registrar, Contractors State License Board, Post Office Box 26000, Sacramento, CA 96526. Wood and Wood Finish (Paint or Stain) Color Variation: Due to the nature of all wood and wood linlsh products, Owner acknowledges that wood and wood finishes will vary in color, texture and tone. Owner agrees that Contractor is not and will not be liable for variations of any kind that are inherent in wood and wood finish products, 8y signing this Contract, Owner acknowledges that Owner has received the Wood Characteristics and Finish Awareness Acknowledgement AVW is NOT responsible for: r Removal and reinstallation of securi bRrs Owner / Buyer 51 nature ty r--•-•-? % Date Contractor Si t • mat and reinslallallon or connection of 1011161 any wallow accessories • Painting or staining it not inducted !hurter /Buyer Signature Date 15 psperson/Rag iY • Permlls are nor included • Reinala9aGonor otlnneelloo orany alarm mechanlams