HomeMy WebLinkAbout25G - AGMT - IMPROVEMENTS TO EXTERIOR FORMER YMCAREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 1, 2014
TITLE:
SECURITY ENHANCEMENTS AND
IMPROVEMENTS TO THE EXTERIOR
OF THE FORMER YMCA BUILDING
CITY MANACC R
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on 1st Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For,_-
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an agreement with Orange
County Contractors Services dba Orange County Mailboxes and Construction to complete
security enhancements and physical improvements to the exterior of the former YMCA building
for an amount not to exceed $38,650, subject to non - substantive changes by the City Manager
and City Attorney.
DISCUSSION
The YMCA building, located 205 West Civic Center Drive was purchased by the City in 1992.
The structure has been vacant since that time and is in serious disrepair due to age and
vandalism. Over the years, the City has considered numerous proposals to renovate this
historic building, but none were financially feasible. In 2013, with the local economy improving, it
was timely to again seek proposals for the site.
On March 18, 2014, after a Request for Qualifications process, the City Council authorized the
City Manager and the City Attorney to negotiate an Exclusive Negotiating Agreement for the
reuse of the YMCA property with St. Joseph Health and Taller San Jose. The City Council also
expressed an interest in improving the exterior appearance of the property during the period until
the renovation of the YMCA is completed.
In response, staff conducted a thorough inspection of the YMCA and the ancillary buildings and
developed a list of maintenance issues which require immediate attention as follows:
Damaged /inoperable /boarded up windows throughout all floors of all structures on the
site;
Damaged handrails and guard rails;
Exposed and unpermitted light standard foundations and underground electrical conduit
as well as exterior mechanical, electrical equipment which has been damaged and /or
25G -1
YMCA Maintenance
July 1, 2014
Page 2
removed;
• Deteriorated stucco, siding, soffit, wood trim and room eaves that expose framing to
moisture intrusion and further damage;
• Property fencing which has been compromised and damaged with barbed -wire removed
and is continually cut by vandals and must be maintained and repaired to provide security;
• Inoperable security gates;
• Storage of containers in public view;
• Dirt filled planters;
• Broken windows and graffiti
Section 2.807 of the Santa Ana Municipal Code exempts certain contracts from the City's
competitive bidding process, including in those situations where bidding out materials, supplies
or labor "would for any reason be an idle act" or in cases where the materials and labor were
previously bid and a contractor remains on a list.
Through a prior competitive bidding process, the City has contracted with Orange County
Contractors Services to perform general maintenance services in the Downtown. Orange
County Contractors Services provided a quotation for the deferred maintenance listed above and
staff analyzed three possible options ranging in price from $28,717 to $53,610 and are
summarized as follows:
Option 1: took into account major aesthetic and security improvements including painting two
sides of the building, replacing all broken windows, power washing the entry way stairs, painting
and prepping exterior stairs, and replacing the chain link fence with an ornamental iron fence at
the north elevation.
Option 2: same as Option 1, but excluding painting and upper level fence repair on the north
elevation.
Option 3: same as Option 2, except second floor windows to be replaced with plywood.
Option 4: focused mainly on security options and included replacing the north elevation chain
link fence with wrought iron, fixing the windows, and painting the plywood on the boarded up
windows. All options are summarized on Exhibit 1.
Based on the attendant costs of each of the options for the YMCA, as well as the need to
balance aesthetics with security concerns, staff recommends Option 2 (Exhibit 2) for $35,145.31,
with a contingency of 10 percent for an amount not to exceed $38,650. Staff believes that this
mid -level scope of work blends security concerns with aesthetics and will make the building safer
and more attractive to the surrounding community during the intervening period until the building
rehabilitation is complete.
25G -2
YMCA Maintenance
July 1, 2014
Page 3
Due to the fact that Orange County Contractor Services' agreement with the City expired on
June 30, 2014, and also due to the urgency of necessary building repairs, staff recommends that
the City Council approve the agreement for services for the exclusive purpose of completing
security enhancements and improvements to the YMCA building exterior. Staff will engage in the
usual bidding process in the future for similar on -going services.
FISCAL IMPACT
Funds are available in the Downtown Maintenance Fund, Contractual Services account (no,
40718842- 62300 - 05800401087 - 3090).
S&6tt Kutner
District Manager
Community Development Agency
SK/kg
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
Exhibit: 1. YMCA Prelim Improvements Final
2. BID Proposal — Orange County Mailboxes
3. Agreement
25G -3
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EXHIBIT "A"
25G -5
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
— IP J,. 9 1
To
Old YMCA Building
205 W Civic Center Drive
Santa Ana, CA
Date Estimate#
5/29/2014 2981
Customer Contact
I Customer Phone
Terrns
Rep
Project
Sal or Pedro
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 $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 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 overand above the estimate.
Al 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
endfled 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 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 net be accepted for return or exchange.
Page 1
Note: we may withdraw this proposal If not accepted within 30 days,
25G -6
CA.LIC. #923972
Orange County Contractor Services dba:
Orange County Mailboxes
18100 Kovacs Drive #27
Huntington Beach, CA 92648
www.o rangecountymailboxes, co m
Phone: 714 -878 -3093 FAX: 714-907-0644
M
City of Santa Ana
Public Works Agency
220 S. Daisy Avenue, M -85
Santa Ana, CA 92702
FIT � i tir • `7J
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
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 114" 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 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 attorneys 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 frleglit to Orange County Mailboxes, 18100 Kovacs
Lane Suite 27, Huntington Beach, CA 92848. Products must be in original shipping canons 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.
25G -7
CA. LIC. #923972
Orange County Contractor Services dba:
Grange 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
To
Old YMCA Building
205 W Civic Center Drive
Santa Ana, CA
Date I Estimate #
5129/2014 1 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
9,12131
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 1/8" 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 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 costa will be executed only upon written orders, and will become an extra charge over and above the estimate,
All agreements contln lent upon strikes, accidents, or delays beyond our control. Owner to carry fire, tomado 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 frieghtto 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 toe. 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.
2513-8
CA.LIC. #923972
Orange County Contractor Services dba:
Orange County Mailboxes
18100 Kovacs Drive #27
Huntington Beach, CA 92648
www.orangecountymallboxes.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 #
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 specifled. 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 coats 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.
25G -9
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
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
* " " * " * * ** *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 insubstantial workmanlike manner according to specifications submitted, per standard practices. Any
alteration or devlation 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 can fire, tornado and other necessary insurance. Our workers are fully severed 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
eniWed to recover its reasonable attorney's fees and costs of litlgatlon 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 frleght 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 5
Note: we may withdraw this proposal If not accepted within 30 days.
2513-10
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
Ship To
205 W Civic Center Drive
Santa Ana, CA
1 0"•
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 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
id 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 in substantlal 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, accldarra, or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by
Workman'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
enll8ed to recover Its reasonable attorney's fees and costs of litigation relating to sold 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 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.
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Note: we may withdraw this proposal If not accepted within 30 days.
2513-11
EXHIBIT 3
AGREEMENT TO PROVIDE SECURITY ENHANCEMENTS
AND IMPROVEMENTS TO FORMER YMCA BUILDING
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 firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
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 dctaila
of the repairs and enhancements are set forth in the Bid Proposal attached as Exhibit A to this
Agreement.
2. 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
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25G -12
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 teen 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 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 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 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. Such insurance shall (a) name the City, its officers,
employees, agents, volunteers and representatives as additional insured(s); (b) be primary with
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25G -13
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.
6. 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
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25G -14
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 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.
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 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.Q. Box 1988
Santa Ana, CA 92702 -1988
Fax 714- 647 -6956
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25G -15
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 telefacsimile, 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.
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25G -16
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. Contractor may upon fifteen (15) days written notice, request termination when
conditions during the Agrmnent 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. 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.
15. PROFESSIONAL LICENSES
Contractor shall, throughout the terin 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.
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25G -17
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 Attorney,
By:
Jos doval
C i ofAssistam City Attorney
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
CONTRACTOR
EDWARD SCHADE
Owner
Taxpayer ID#
25G -18
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