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HomeMy WebLinkAbout25G - AGMT - BOARD- UP SRVSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 15, 2017 TITLE: APPROVE AGREEMENTS WITH SLS PROPERTY SOLUTIONS, INC., AND FORNESS CONSTRUCTION, INC., FOR ON-CALL BOARD -UP SERVICES (NON -GENERAL FUND) (STRATEGIC PLAN NO. 6, 1G) � o CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 n Reading ❑ Ordinance on 2n' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute agreements with SLS Property Solutions, Inc., and Forness Construction, Inc., to provide on-call board -up services for a three- year term beginning August 16, 2017, and expiring August 15, 2020, with provisions for one, two- year renewal option exercisable by the City Manager and City Attorney, in an amount not to exceed $200,000 for each firm, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION In managing the properties acquired by the City for completion of widening and improvement projects, the City may need to board up and secure existing buildings and structures to deter vandalism and to protect the community from the potential occurrence of illegal activities in the buildings. The City has received funding for right-of-way activities for the Warner Avenue Street Improvements and Bristol Improvements at Memory Lane projects. On-call board -up services will be utilized for these projects, as well as for current and new Capital Improvement Program projects. An on-call agreement is most appropriate, considering the unknown timing and exact scope of services needed. On June 13, 2017, the Public Works Agency released a Request for Proposals (RFP) to qualified firms to provide on-call board -up services. The RFPs were also posted on the City website. A total of 2 proposals were received and evaluated by a review committee from the Public Works Agency. Each proposal was rated according to its qualifications, experience, capacity to perform the required work, and pricing data. The following list is a summary of the firms and their respective scores: NAME OF FIRM RANKING SLS Property Solutions, Inc. 93 Forness Construction, Inc. 85 25G-1 Agreement for On -Call Board -Up Services August 15, 2017 Page 2 Based on the ratings and prior experience with the City, staff recommends that these two firms be retained for on-call board -up services (Exhibits 1 and 2). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (Establish and Maintain a Community Investment Plan for All City Assets), Strategy G (Develop and Implement the City's Capital Improvement Program in Coordination with the Community Investment and Deferred Maintenance Plans). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact at this time. Prior to utilizing any of these on-call services, Public Works staff must receive Finance & Management Services Agency approval of funding and accounts to ensure that funds are available under the authorization and aggregate limit of these agreements. Upon successful completion of this fiscal review, a corresponding Notice to Proceed containing specific scope and maximum expenditure for the task order will be issued to a firm. Funding for these services is available in prior year and the current FY 2017-18 approved CIP budgets, and will be budgeted in future CIPs. VdMousa—vipour Executive Director Public Works Agency FM/MM/WG/KN/ML APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibits: 1. Agreement for On-call Board -up Services — SLS Property Solutions, Inc. 2. Agreement for On-call Board -up Services — Forness Construction, Inc. 25G-2 AGREEMENT TO PROVIDE ON-CALL PROPERTY BOARD -UP SERVICES FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 15th day of August, 2017 by and between SLS Property Solutions, Inc., a California corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On June 13, 2017, the City issued Request for Proposal No. 17-066, by which it sought contractors to provide on-call property board -up services in connection with various street improvement projects. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services as described in the scope of work that was included in RFP No. 17-066 and attached as Exhibit A to this Agreement. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field, NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: I. SCOPE OF SERVICES On an as -needed basis, and at the sole discretion of City, Contractor shall perform the services that are described in Exhibit A. Contractor's proposal is incorporated by reference as though fully set forth herein. . 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. The total amount to be expended shall not exceed $200,000 during the term of the Agreement, including any extension periods exercised under Section 3. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Page I of 8 EXHIBIT I 25G-3 3. TERM This Agreement shall connnence on the date first written above and continue for three 3 ey ars, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended for up to one additional two (2) year period upon 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. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data'). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Cr. 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 frmn 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 Page 2 of 8 25G-4 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, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, 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. 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 with $2,000,000 in the aggregate. 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 by the City. 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. iv. Contractor shall supply City with a filly executed additional insured endorsement. 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 tirne 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. 7. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives fi-om 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 Page 3 of 8 25G-5 negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor farther agrees to indermiify, hold hannless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding, Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability; including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 9. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 10. CONFIDENTIALITY If Contractor receives frorn 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 Infoamation" 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 Page 4 of 8 25G-6 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. 11. 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. Conflict may be further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. 12. 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 and as further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. 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. Page S of 8 25G-7 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16, WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. 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. 18. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19, MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind 'their respective parties to each of the terns 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. Page 6 of 8 25G-8 b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: 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 With courtesy copies to: Fred Mousavipour Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-5635 To Contractor: Sara L. Strader President SLS Property Solutions, Inc. 919 East Santa Ana Blvd Santa Ana, CA 92701 Phone: 714-496-8699 Sonia R. Carvalho City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-6515 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. Page 7 of 8 25G-9 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: SONIAR. CARVALHO City Attorney nn By: !W f _ John F LL k Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA Cynthia Kurtz Interim. City Manager CONTRACTOR: Sarah L. Strader President Tax ID# 25G-10 Page 8 of 8 EXHIBIT A SCOPE OF SERVICES 25G-11 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON-CALL PROPERTY BOARD -UP SERVICES RFP NO. 17-066 Introduction and Backeround: The City of Santa Ana is issuing this Request for Proposals (AFP) to seek qualified contractors to provide property board -up and securing properties for the City of Santa Ana on an as -needed basis. From the proposals received, it is the City's goal to select one or more firms to enter into agreement(s). Certain capital improvement projects require right of way acquisition to widen the street. Immediately after City takes possession of the vacant buildings, board -up is needed to secure the properties. The total board -up services needed for this On-call contract(s) is valued at approximately $400,000. The total amount to be expended shall be shared among all contractors providing these services. Description of work: • Board -ups shall be in accordance with the USFA National Prevention Initiative Boatel -Up Procedures. • Board -ups to secure buildings may be ordered by the City's authorized property management consultants or City personnel. The order shall be done in verbal and may require immediate board -up or may require field meetings to discuss scope of work and fees. • Board -ups shall be completed within 24 hours of request. • Perform other duties as assigned to secure buildings completely and creatively, Sample Fee Proposal Contractor shall submit a fee proposal as described below in a sealed fee envelope. The proposal will be used for fee comparison and evaluation purposes. Furthermore, this fee proposal will become part of Exhibit B of the Contract Agreement and will be used to compare with an actual work request. • Sample locationsfor fee proposals are: 0 2246 Orange Ave (n/w coiner of Warner/Orange) 0 2245 S. Main Street (Arco Gas Station) o Provide brief description of methods and materials used to secure the building • Fee to re -board on emergency request and/or 24 hour basis. City of Santa Ana RFP 17-066 Page Al -1 25G-12 Board Up Procedures: The USFA National Arson Prevention Initiative Board Up Procedures is incorporated herein by reference and are hereby accepted as Reference Specifications. These Reference Specifications are intended to govern certain construction materials, methods, and details with some additional modification herein. Materials List and Specifications SECURITY MEASURES 1. All openings in the basement, crawl spaces, garages, first floor doors and windows, and any point of entry accessible from a porch, fire escape or other potential climbing point shall be barricaded with plywood, 2x4 braces, carriage bolt sets, specialized head/drive screws, and nails, unless stated otherwise. NOTE: General contractor screws, particle board, wafer board, masonite, or other similar material shall NOT be used for purposes of boarding -up a building. 2. Garage Doors and Openings at least 10' from ground level which are not accessible from a porch, fire escape, roof, or other climbing point can be secured with nails every 12" around the perimeter. For all openings, the plywood should be fitted so that it rests snugly against the exterior frame, butting up to the siding on wood frame buildings and up to the brick molding edge on brick buildings. It may be necessary to remove the staff bead so this fit can be flush and tight. 3. The structure shall be posted with a NO TRFSPASSING sign at the completion of the board -up. 4. Commercial property with full windows or glass fascades shall be blacked out and adhesive shall be used to attach the plywood to the glass from the interior to prevent shattering. Plywood shall be secured to the window/glass framing. 5. ONLY Interior Boarding shall require black -out of windows and be secured with plywood and 2x4 braces fasten to the wall with deck nails and specialized star -drive head screws. MATERIALS 1. Plywood, 1/2" (4 ply) exterior grade CDX 2. Braces - 2" by 4" by 8' (or longer) construction grade lumber 3. 3/8" (coarse thread) by 12" (or longer) carriage bolts (rounded head on weather side) 4. 3/8" (coarse thread) construction grade nuts 5. 1/2" (USS Standard) Flat washers with an inside diameter large enough to bypass the wrench neck inside the carriage bolt head so no lift edge is available beneath an installed carriage bolt head. 6. 3/8" (USS Standard) diameter flat washers for installation beneath the nut inside the building 7. Combination of 2"-3" deck nails and 2"-3" Star -drive screws; T-20, T-25, etc. City ofSanta Ana RFP 17-066 Page Al -2 25G-13 BARRIER ASSEMBLY I. Plywood shall be cut to fit over the window and door openings, flush with outside of the molding/trimmer stud. Application of barriers shall be completed so that all lift or pry points are avoided. Plywood board shall be solid sheets without seams or joints. 2. The 2x4 braces shall be cut to fit the horizontal dimension of the plywood. Two exterior and two interior 2x4 braces shall be provided for each window and three sets for each door. 3. Window Assembly — Braces are located horizontally approximately 1/3 of the distance from the top and the bottom of the window. Bolt holes are located 1/3 of the length of the brace from the outside edge of the window jams. Prior to installation, the assembly should be pre -assembled and 3/8" holes (trilled through all of the components. 4. Door Assembly — Door braces will be placed horizontally, one in the center of the doorway and one 1/2 the distance from the center to the top and one 1/2 distance from the center to the bottom of the doorway. Bolt holes are located 1/3 of the length of the brace from the outside edge of the door frame. Prior to installation, the assembly should be pre -assembled and 3/8" holes drilled through all of the components. S. Plywood used to cover exterior openings shall be nailed every 12" along the perimeter of the frame of the window, door, or opening. 6. The 2x4 braces on the 'interior and exterior of the assemblies shall be secured using 3/8" by 12" carriage bolt assemblies. Bolts shall be inserted through the predrilled holes from the exterior with a 1/2" washer place against the exterior brace, a 3/8" washer is placed against the interior brace. The bolt is tightened from the inside so that it slightly compresses the interior brace. The 2x4 Bottom Brace shall be cut to width of door trim and drilled to the floor to prevent opening. 7. Garage Door -- the opening shall be covered with plywood and secured with a minimum of 3 - inch -long deck or wood screws installed on 6 -inch centers around the circumference of the opening. An interior or exterior 2x4 Bottom Brace is required to prevent it from opening and drilled to the floor with masonry screws (or as appropriate). NOTE: These specifications are subject to change upon case by case scenario. Any changes or recommendations shall be discussed during the walk-through of the property prior to a proposal, quote and or notice to proceed. Clty of Santa Ana RFP 17-066 Page Al -3 25G-14 WINDOW BOARDING SPECIFICATION WINDOW - OUTSIDE VIEW NOTES: ill" CDR PLYWOOD CUT TO TO COVER WINDOW OPENING I SECURE TO STRUCTURE WITH GALVANIZED NAILS \ 9� r 2X4BRACE CUT TO OUTSIDE DIMENSION OF WINDOW TRIM i 2 X4 BRACE CUT TO SIZE OF PLYWOOD J� Y M'CARRIAGE BOLT - 12'LONGICOURSE THREAD NUT TO MATCH, WASHERS INSTALLED ON BOTH SIDES ROUNDED HEAD OF BOLT ON OUTSIDE 1. FOR DOUBLE HUNG WINDOWS, SLIDE SASH TO CENTER OF UNIT AND PASS BOLTS THROUGH OPENINGS AT TOP AND BOTTOM. 2. STORM WINDOWS SHOULD BE REMOVED AND STORIED INSIDE STRUCTURE. 3. OUTSIDE TRIM MAY HAVE TO BE REMOVED TO ACCOMMODATE A FLUSH AND TIGHT FIT. 4. TIGHTEN NUTS FROM INSIDE, ENOUGH TO SLIGHTLY COMPRESS 2X4 BRACE. 5, BRACE LOCATIONS: A = 1/3 B (SEE DIMENSION LOCATIONS ON DRAWING) NOTE: WINDOWS 3 FEET IN HEIGIIT OR SHORTER ONLY REQUIRE ONE BRACE. 6. LOCATION OF BOLT HOLES: C = 1/31) (SEE DIMENSION LOCATIONS ON DRAWING) 7. THE PLYWOOD BOARD SHOULD BE SECURED WITH SCREWS EVERY 12" ALONG THE PERIMETER OF THE FRAME OF THE WINDOW, DOOR, OR OPENING, AND WITH DECD NAILS AT EVERY 6" MARK WHERE SCREW IS NOT PLACED. City of Santa Ana RFP 17-066 Page Al -4 25G-15 9 k k 4 � E tln m n. w en mn ca rz x� t,v vs a' m k k k i 1 4 k 4 6 1 tl 1 s 1 i B 6 i 8 5 k k 6 k i m - - m - m m ® e. - co m � k S 1� ! i WINDOW - OUTSIDE VIEW NOTES: ill" CDR PLYWOOD CUT TO TO COVER WINDOW OPENING I SECURE TO STRUCTURE WITH GALVANIZED NAILS \ 9� r 2X4BRACE CUT TO OUTSIDE DIMENSION OF WINDOW TRIM i 2 X4 BRACE CUT TO SIZE OF PLYWOOD J� Y M'CARRIAGE BOLT - 12'LONGICOURSE THREAD NUT TO MATCH, WASHERS INSTALLED ON BOTH SIDES ROUNDED HEAD OF BOLT ON OUTSIDE 1. FOR DOUBLE HUNG WINDOWS, SLIDE SASH TO CENTER OF UNIT AND PASS BOLTS THROUGH OPENINGS AT TOP AND BOTTOM. 2. STORM WINDOWS SHOULD BE REMOVED AND STORIED INSIDE STRUCTURE. 3. OUTSIDE TRIM MAY HAVE TO BE REMOVED TO ACCOMMODATE A FLUSH AND TIGHT FIT. 4. TIGHTEN NUTS FROM INSIDE, ENOUGH TO SLIGHTLY COMPRESS 2X4 BRACE. 5, BRACE LOCATIONS: A = 1/3 B (SEE DIMENSION LOCATIONS ON DRAWING) NOTE: WINDOWS 3 FEET IN HEIGIIT OR SHORTER ONLY REQUIRE ONE BRACE. 6. LOCATION OF BOLT HOLES: C = 1/31) (SEE DIMENSION LOCATIONS ON DRAWING) 7. THE PLYWOOD BOARD SHOULD BE SECURED WITH SCREWS EVERY 12" ALONG THE PERIMETER OF THE FRAME OF THE WINDOW, DOOR, OR OPENING, AND WITH DECD NAILS AT EVERY 6" MARK WHERE SCREW IS NOT PLACED. City of Santa Ana RFP 17-066 Page Al -4 25G-15 1 - DOOR BOARDING SPECIFICATIONS ... ......` t.i'C'.bX An'Wn CJON 11ANDM1bN,0IWG OR nul"VIE 6F DOOR rkSUFE DOOR • OUTSIDE VIEW NOTES: Ix FurTO $W IT S V4Yv"OOY'KMO f � 1 CUT TO CVVEN fX R PRAFFE CHU "MMG .»4w_-,.—.,----. --- a i P d P @ f q P 1 i k t 6 P 8 1 @ P a i t W e @ B P 4 i g P 5 i {dpi g i t 6 e e 9 xn*n n e�ws.tr+rK+�.� 3M' CARRiACF Vol T I ` P WITH �tu'WASIFER DOOR -INSIDE VIEW RCN.gVH N8CES; WMIUAtE I CANRIACE OUL VIUH +(X WASH¢ 1. IRON DOORS OR FRAMES MAYBE REMOVED AND STORED INSIDE BUILDING IF NECESSARY. 2, USE 3/8" X 12" CARRIAGE BOLTS - ROUNDED HEAD ON OUTSIDE OF BUILDING. LONGER BOLTS MAYBE NECESSARY. 1 TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS 2X4 BRACE, 4. IF PLYWOOD CAN NOT BE BUTTED AGAINST BAND MOLDING, CUT TO COVER OUTSIDE EDGE OF DOOR FRAME. 5, BOLT HOLES ARE LOCATED AS THEY ARE FOR WINDOWS (SEE WINDOW DETAIL) 6. CENTER BRACE LOCATED IN CENTER OF DOORWAY OPENING, TOP AND BOTTOM BRACES ARE POSITIONED WHERE A = 1/2B (SEE DIMENSION LOCATIONS ON DRAWING) 7. USE 2X4 BOTTOM BRACE - CUT TO WIDTH OF DOOR TRIM. DRILL TO THE FLOOR TO PREVENT OPENING. INTERIOR AND EXTERIOR BOTTOM BRACES WITH MASONRY SCREWS ARE MANDATORY WHEN BOARDING GARAGE DOORS. City of Santa Ana RFP 17-066 Page At -5 25G-16 J -B" USS STANDARD Ft r WAIHLR t r' C,nNSTROGYIbn GRADE NUI COURSE DIRCAD NOTES: BRACE AND CARRIAGE HOLT SPECIFICATION COURSE IINICAD ROUNOF.D HEAD EANOARD ASH[R ROVND[DfIEAD Uc's�q' CARRIAGE SIDE ON WCAIDER SIDE Or OPENING AGE AND DRIEEED CA rJON 1. USE 2" BY 4" BY 8' (OR LONGER) CONSTRUCTION GRADE LUMBER FOR BRACES. 2. USE 3/8" X 12" CARRIAGE BOLTS - ROUNDED HEAD ON OUTSIDE OF BUILDING 3. TIGHTEN NUTS FROM INSIDE, ENOUGH TO SLIGIPl'L'Y COMPRESS WASHER INTO 2X4 BRACE. 4. USE 1/2" WASHER ON WEATHER SIDE TO ACCOMMODATE THE WRENCH NECK OF BOLT AND ELIMINATE PRY POINTS. City of Santa Ana RFP 17-066 Page Al -6 25G-17 WINDOW ASSEMBLY MATERIALS REQUIRED PER WINDOW I - 1/2" CDX PLYWOOD SHEET -CUT TO DIMENSIONS OF WINDOW FRAME (WEATHER SIDE 4 - 2X4 BRACES - CUT TO WIDTH OF PLYWOOD 4- CARRIAGE BOLT ASSEMBLIES NUMBER OF WINDOWS TO BE SECURED (Nw): NUMBER OF WINDOWS BRACES REQUIRED: (Nw X4) CARRIAGE BOLT ASSEMBLIES REQUIRED (Bw): (Nw X 4) DOOR ASSEMBLY MATERIALS REQUIRED PER DOOR 1- I/2" CDX PLYWOOD SHEET -CUT TO DIMENSIONS OF DOOR FRAME (WEATHER SIDE) 1 - 1/2" CDX PLYWOOD SHEET - CUT TO OUTSIDE DIMENSIONS OF DOOR FRAME TRIM (INSIDE) 6 - 2X4 BRACES - 3 CUT TO WIDTH OF OUTSIDE PLYWOOD 3 CUT TO WIDTH OF INSIDE PLYWOOD I - 2X4 BOTTOM BRACE - CUT TO WIDTH OF DOOR TRIM DRILLED TO FLOOR (INSIDE) 6- CARRIAGE BOLT ASSEMBLIES NUMBER OF DOORS TO BE SECURED (Na): NUMBER OF DOOR BRACES REQUIRED: (NI) X 6) NUMBER OF BOTTOM BRACES REQUIRED: (ND) CARRIAGE BOLT ASSEMBLIES REQUIRED (BD): (NI) X 6) CARRIAGE BOLT ASSEMBLY MATERIALS REQUIRED PER CARRIAGE BOLT ASSEMBLY I - 3/8" X 12' (OR LONGER :IF NECESSARY) CARRIAGE BOLT - COURSE THREAD I - 1/2" USS S'T'ANDARD FLAT WASHER (WEATHER SIDE) 1 - 3/8" USS STANDARD FLAT WASHER (INSIDE) I - 3/8" CONSTRUCTION GRADE NUT - COURSE THREAD (Bw+ED) TOTAL CARRIAGE BOLT ASSEMBLIES REQUIRED FOR WINDOWS AND DOORS: City oI Santa Ana RFP 17 Page Al -7 25G-18 EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable EXHIBIT I 25G-19 Schedule of Hourly Rates SLS Property Solutions, Inc. 7'Me, Hourly Gate Overtime Double Time Rate Rate Project Man=ager $222.137 $334.30 $445.74 General Labor $1'10.44 $144.99 $179.65 Office Staff -- Secretary $£32.1'1 N/A N/A 919 PAST rANIA ,INA IPt)!J/.li 1!st RI), SAA�7A ANA (A 92101 fill III b..5'L.SPI{Of'IitfT ).SY1L UT10N)". ('044 25G-20 EXHIBIT C CERTIFICATIONS C-1 tluough C-3 EXI3IBIT 1 25G-21 Appendix ATTA HIVIEN'''I' ;--(: NON..fOLLllSC.i7P411eE+'t<IDAVIT CLeRTIFICATIONTS CONSTRUCTABILITY REVIEW NON-CC)I.L.U5,1,0\ AFI=If_) BVI"I' (Title 23 United Slates Code Section 1 12 and pul)Iic Contract Code flection 71(16} to the CITY OF SANTA ANA DEPART1v9ENT OFPUBL IC WORKS ht accordance with Title 23 United States Code Section 112 and Public. Contract Code 7106 the BIDDER declares that the bid is not nhado in the it of, or on belabor, any unhdisolosod person, pill luershiIt, company, association, organization, or corporation; that Ile bid is gemrine and unt collusive or shall; that the BIDDER has not directly or indirectly Induced or solicited any other BIDDER to pul in it lidsc or sham bid, all([ has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put ill it sham bid, or that anyone shall rel ain from bidding;; that the BIDDER. has not in un)' ahanner, directly or indirectly, sought by agreement, conmaanicatiot, or conference with anyone to fix the bid price or the BIDDER nr any BIDDER, or to rix any overhead, profit, or cost element of the bid price, or o1'that of any other BIDDER, or In sceure any advantage against the public body awarding the contract of anyone interested in the proposed coonact; that all statements contained in the bid are lruu; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof or the contents thereof, or divulged Infornnatlon odata relative thereto, or paid, and will not pay, any fee to any corporation, Partnership, aTrnlmny association, of ginization, bid depository, ar to any member or agent thereof to o neotuate a collusive or sham bid. llote: The above Noncollusion AI"fidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall dsfj coljl�ute sigttahue of this Non -collusion t\fGdav{t BIDDERS are cautioned that makin `r I dva r;erhllcJRt, nal n prosecution. Sinned .,�1,y1 �l..z--1 r-1 i�•--f—*�It'_Gv�.._�'�.!____.... ._._� _.-- --- Stage of Califttir'nia County `subvrrihed and sworn to (or arflhmaed) hefore me on Ills _ ( _ day of .Ju.fy_ ?tl/Z-, by �._�_ t'als-_. _, proved to me on file basis of satisfactory evidence for be the, person who appeared befwe ma. 'atf4 r :.' p .2 ' Public Seal Nolyr}� P�b rc Signature Notary } �A2.AA.A.A/AAh4.2..AAnb.AA.AA.A1AC"Imyit MAh s oh It J. TOIIOIaYYK NOTAI4Y1'Unf IO-CAI.n°OrNIA CCUMISSION N 2007471 I;Sit"r,.J' ORANGE: COUNTY 7y.. My Comm, Exp. Jnnunry 17, 2019 -ov—✓wcww.r^vwvmuavvav�-raov+Yvv� city of Santa Ana gi=ro Pale A3-1 25G-22 flppettciix A'I"I"A.C:Y�iV�tst�'1 -I; I�lQ7N••L,DI�IiS'TiV4� �'is;i?.Ttti'fCat'i"��['I CXRT(FICA'LT10JN CON STRUC" PABILFPY REVIE V The prospective, Wuticipaol cci4i f ics, by sigui ng and subs n{I I ins this biii or proposed, to the best of Itis or hcs laxnSdge mid belief, that: I. No federal appropriated Rats have been paid err will be paid, by or on behallbfthc undersigned, to ally person for influenciIM or attempting la influence an alliceror employee orally feclet I agency, a h4ember orCougress, an officer nr employes orCangress, or an englnyee of a NkWwr of Congress in connection with tile, m Whig ortnty federal ronh'nct, Te oiakbng of ally nxinral grant, the making of any fedeml loan, the entering into ofany cooperative a„greennent, and the extension, continuation, renewal, aiuenehnent, or modification oramy federal contract, gnat, loan, or coaperativc agreement. 2. Irany Funds other than fedeml appropriated funds have been paid or will be paid to any person bar hnfluencing or attempting to influence any oil Nor or employee ofany federal agency, a Meriberof Cangm,anofficeroremployceorCongress,oranemployeeoraMemberofCongressin culn echo" wilb this fecle`ad caniml, grant loan, loan or cooperative agreement, the undersigned shall mmvicte and submit a "Disclosure of Lobbying Activifies". This certification is a material representation of' Met upon which reliance was placed when this transaction was made or entered. into. Submission orthis certification is a prerequisite for making or entering into this transaction imposed by Sectioln 13552, Title 3I, It. S. Code. Any person who bills to file (he required certification shall be sulrjcc( to a civil pmr<lty ornot less than $ I OM00 and not more Own 5;100100 For each such litilum The prospective participant also agrees by submitting his or hot, bid or proposal that lie or she shall require that the language orchis cerlitieation be included in all lower tier subcoi n icls, which exceed S1004100 and Ihnt all such sub mcipieurs shall Coldly and disclose accordingly. Pit m 1 .� Siviled and printed \111111o:f 76— talcI _l--T"-�.)�L/nf-�Y.LL.::.,J...._..._.. Date ...�..... C..s( t_p City of Santa Ana RFP Page A3-2 25G-23 Appeurlix A i P ayC f�R9 l i '—? C 1Cfl�' i�l�(C2IlViiis(A'9'Id7[ o f 61 k2'I I FICA'1` wN C6'R1IhfCA'Y1ONS COMSt TRUCTAB L TY REWIEW The undersigned consultant of* corpointe o('ficer, doriig fife lwounanec or this contract, certifies as lbl lows: I. Che Consultant shall not disaintinnte against tiny entl,floyee or applicant f'or employmct because of mice, color, religion, sex, or national origin. 'fha COlaSUllant shall take affBmutivc Winn to ensure Owl applicants are employed, find that employees are treated during employment without, regard to Owl race, color, ro jon, sex, or rational origin. Such action Minh include, but not be limited to, Ilse fallowing: employment, upgradin, dennotion, or tratsl'er; recruitment of recruitment advertising,; layoff or termination; rates or pay or outer forms err coutpensatiar; and selection for training, including apprenticeship. The Consuhant agrees to post in conspicuous places, available to e anployces and applicants for employment, notices to be provided setting forth the provisions orthis nondiscrimination chuise. 2. The Consultant shall, it all solicitations or advertisements for employees placed by or on bobalror the Consultant, state that all qualified fippdicanis will reccive consideration for employment without regard to race, color, religion, sex, cr rational WWI). 3. the Corsulinnt shall send to each labor union or repaesentafte of workers with which he/she has a collective bargaining ngreementor other contract or undeistauding„ a notice to be provided advising the said labor tntion or workers` representatives of the Corsuluau's commiuncits under this section, and shall post copies or the notice in conspicuous places available to employees and applicants for employment. 4, l'he Consultant shall comply with all provisions aur Executive Order 112,16 of Septeudter 24, 1965, and or the rules, regulations, and relevant orders orthe Secretary oi''Labor. 5. The Consultant AN Furnish all inr oration and reports required by E'xeculve Order 112,1-6 of September 24, 1965, and by rules, regulations, and omen or the Secretary of Labor, or pursuant therein, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor IS proposes or investigation, to uncertain compliance with such rules., regulations, and Orders. 6. In the neem or the Consuhan 's non-compliance with the nondiscrimination clauses of this con Fact or with any of the said rules, regulations, or orders, the contract may be caneeledt terminated, or suspended in whole or in part and the Consultant ntay= be declared ineligible for further Government oonfracis or lederally assisted construction contracts in accordance with procedures authorized in Execution Order 11216 of September 24, 1965, and such other sanctions may be imposed anis remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, oras otherwise provided by law. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) laid the provisions of paragraphs (I) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RPP Pale AM 25G-24 by rides, regulations, 41' orders orire See rottuyor I.abor issued pursuant to Suction 204 of Executive Order 112,16 of September 24, 1965, so that such provisions will he binding, upoia etch subcontract or purchase order as ilio administering agency may direct as means of enforo4o; such provisions, including sanctions lbi noncompliance; provided, however, that in (lie ovent Lho Consultant becomes involved in, or ix thremullad wilh, litigation with asub-consultant or vaudor a:; a result of such direction by the administering ltgmlcy, the Consultant may request that the United Stales enter into such litigation to protect the inkrests of the United States. 8. Pursuant to California Labor Code- Section 1735, as added by Chapter 643 Slats. 1939, and as amended, No discriminadimi shall be made in the employment of persons upon public works because of' race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of' such persons, except as provided in Section 1420, and tory consultant of public works violating this Section is subject wall the penalties imposed fora violation of the C:htthter. tiignC[I: Piro: 01te: Cfly of Santa Ana UP Page A3.4 25G-25 25G-26 AGREEMENT TO PROVIDE ON-CALL PROPERTY BOARD -UP SERVICES FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 15th day of August, 2017 by and between Forness Construction, Inc., a California corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On June 13, 2017, the City issued Request for Proposal No. 17-066, by which it sought contractors to provide on-call property board -up services in connection with various street improvement projects. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services as described in the scope of work that was included in RFP No. 17-066 and attached as Exhibit A to this Agreement. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terns and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an as -needed basis, and at the sole discretion of City, Contractor shall perform the services that are described in Exhibit A. Contractor's proposal is incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City neither warrants nor guarantees any minirmun or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services perforned under this Agreement at the rates and charges identified in Exhibit B. The total amount to be expended shall not exceed $200,000 during the teen of the Agreement, including any extension periods exercised under Section 3. b. Payment by City shall be mads within forty-five (45) 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 set forth. in the Recitals which may reasonably be expected by City. Page t of 8 EXHIBIT 2 25G-27 3. TERM This Agreement shall commence on the date first written above and continue for three3 ey ars, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended for up to one additional two (2) year period upon a writing executed by the City Manager and the City Attorney, 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire tern 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-ermployee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. S. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data'). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 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 Page 2 of & 25G-28 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, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, 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. 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. elfinsurance. 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 with $2,000,000 in the aggregate. 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 by the City. 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 (3 0) days prior written notice to the City. iv. Contractor shall supply City with a fully executed additional insured endorsement. f. 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. 7. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (])for personal injury, damages, just compensation, restitution, judicial or equitable relief arising or[t of claims for personal injury, including death, and claims for property damage, which may arise from the Page 3 of 8 25G-29 negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor fiirther agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 9. RECORDS Contractor shall keep records aid invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular' business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 10. 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 perforniance 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 Page 4 of 8 25G-30 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. 11. 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 maturer with performance of services. Conflict may be further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference, 12. 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 and as further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference, 13. 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 terns 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 terns or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. 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 assigmnent, 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. Page 5 of 8 25G-31 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16, WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. 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. 18. PROFESSIONAI. LICENSES Contractor shall, throughout the teen 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. 19. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and. attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. Page 6 of 8 25G-32 b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: 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 With courtesy copies to: Fred Mousavipour Sonia R. Carvalho Executive Director, Public Works Agency City Attorney City of Santa Ana City of Santa Ana 20 Civic Center Plaza (M-21) 20 Civic Center Plaza (M-29) P.O. Box 1988 P.O. Box 1988 Santa Ana, California 92702 Santa Ana, California 92702 Fax: 714- 647-5635 Fax: 714- 647-651.5 To Contractor: Ken Forness President Fomess Construction, Inc. 1141 Rosemary Chicle Corona, CA 92879 Phone: 877-344-1157 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, conmiunication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. Pate 7 of 8 25G-33 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.. , n Jahn �`nnk Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR. Executive Director Public Works Agency CITY OF SANTA ANA Cynthia Kurtz Interim City Manager r� 'k7:Tilri[i0A Ken Forness President Tax ID# 81-3931395 25G-34 Page 8 of 8 EXHIBIT A SCOPE OF SERVICES 25G-35 Appendix ATTACHMENT 1 SCOPE OF WORK{ CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON-CALL PROPERTY BOARD -UP SERVICES RFP NO. 17-066 Introduction and Baekeround: The City of Santa Ana is issuing this Request for Proposals (RPP) to seek qualified contractors to provide property board -up and securing properties for the City of Santa Ana on an as -needed basis. From the proposals received, it is the City's goal to select one or more firms to enter into agreement(s). Certain capital improvement projects require right of way acquisition to widen the street. Immediately after City takes possession of the vacant buildings, board -up is needed to secure the properties. The total board -up services needed for this On-call contract(s) is valued at approximately $400,000. The total amount to be expended shall be shared among all contractors providing these services. Description of work: • Board -tips shall be in accordance with the USFA National Prevention Initiative Board -Up Procedures. • Board -ups to secure buildings may be ordered by the City's authorized property management consultants or City personnel. The order shall be done in verbal and may require immediate board -up or may require field meetings to discuss scope of work and fees. • Board -ups shall be completed within 24 hours of request. • Perform other duties as assigned to secure buildings completely and creatively. Sample Fee Proeosal Contractor shall submit a fee proposal as described below in a sealed fee envelope. The proposal will be used for fee comparison and evaluation purposes. Furthermore, this fee proposal will become part of Exhibit B of the Contract Agreement and will be used to compare with an actual work request. • Sample locations for fee proposals are: a 2246 Orange Ave (n/w corner of Warner/Orange) 0 2245 S. Main Street (Arco Gas Station) o Provide brief description of methods and materials used to secure the building • Fee to re -board on emergency request and/or 24 hour basis. City of Santa Ana RFP 17-066 Page Al -1 25G-36 Board Up Procedures: The USFA National Arson Prevention Initiative Board Up Procedures is incorporated herein by reference and are hereby accepted as Reference Specifications. These Reference Specifications are intended to govern certain construction materials, methods, and details with some additional modification herein. Materials List and Specifications SECURITY MEASURES 1. All openings in the basement, crawl spaces, garages, first floor doors and windows, and any point of entry accessible from a porch, fire escape or other potential climbing point shall be barricaded with plywood, 2x4 braces, carriage bolt sets, specialized head/drive screws, and nails, unless stated otherwise. NOTE: General contractor screws, particle board, wafer board, masonite, or other similar material shall NOT be used for purposes of boarding -up a building. 2. Garage Doors and Openings at least 10' from ground level which are not accessible from a porch, fire escape, roof, or other climbing point can be secured with nails every 12" around the perimeter. For all openings, the plywood should be fitted so that it rests snugly against the exterior frame, butting up to the siding on wood frame buildings and up to the brick molding edge on brick buildings. It may be necessary to remove the staff bead so this fit can be flush and tight. 3. The structure shall be posted with a NO TRESPASSING sign at the completion of the board -up. 4. Commercial property with full windows or glass fascades shall be blacked out and adhesive shall be used to attach the plywood to the glass from the interior to prevent shattering. Plywood shall be secured to the window/glass framing, 5. ONLY Interior Boarding shall require black -out of windows and be secured with plywood and 2x4 braces fasten to the wall with deck nails and specialized star -drive head screws. MATERIALS 1. Plywood, 1/2" (4 ply) exterior grade CDX 2. Braces - 2" by 4" by 8' (or longer) construction grade lumber 3. 3/8" (coarse thread) by 1.2" (or longer) carriage bolts (rounded head on weather side) 4. 3/8" (coarse thread) construction grade nuts 5. 1/2" (USS Standard) Flat washers with an inside diameter large enough to bypass the wrench neck inside the carriage bolt head so no lift edge is available beneath an installed carriage bolt head. 6. 3/8" (USS Standard) diameter flat washers for installation beneath the nut inside the building 7. Combination of 2"-3" deck nails and 2"-3" Star -drive screws; T-20, T-25, etc. City of Santa Ana RFP 17-066 Page Al -2 25G-37 BARRIER ASSEMBLY 1. Plywood shall be cut to fit over the window and door openings, flush with outside of the molding/trimmer stud. Application of barriers shall be completed so that all Litt or pry points are avoided. Plywood board shall be solid sheets without seams or joints. 2. The 2x4 braces shall be cut to fit the horizontal dimension of the plywood. Two exterior and two interior 2x4 braces shall be provided for each window and three sets for each door, 3. Window Assembly — Braces are located horizontally approximately 1/3 of the distance from the top and the bottom of the window. Bolt holes are located 1/3 of the length of ttre brace from the outside edge of the window jams. Prior to installation, the assembly should be pre -assembled and 3/8" holes drilled through all of the components. 4. Door Assembly -- Door braces will be placed horizontally, one in the center of the doorway and one 1/2 the distance from the center to the top and one 1/2 distance from the center to the bottom of the doorway. Bolt holes are located 1/3 of the length of the brace from the outside edge of the door frame. Prior to installation; the assembly should be pre -assembled and 3/8" holes drilled through all of the components. 5. Plywood used to cover exterior openings shall be nailed every 12" along the perimeter of the frame of the window, door, or opening. 6. The 2x4 braces on the interior and exterior of the assemblies shall be secured using 3/8" by 12" carriage bolt assemblies. Bolts shall be inserted through the predrilled holes from the exterior with a 1/2" washer place against the exterior brace, a 3/8" washer is placed against the interior brace. The bolt is tightened from (he inside so that it slightly compresses the interior brace. The 2x4 Bottom Brace shall be out to width of door trim and drilled to the floor to prevent opening. 7, Garage Door --- the opening shall be covered with plywood and secured with a rainirnum of 3 - inch -long deck or wood screws installed on 6 -inch centers around the circumference of the opening. An interior or exterior 2x4 Bottom Brace is required to prevent it from opening and drilled to the floor with masonry screws (or as appropriate). NOTE: These specifications are subject to change upon case by ease scenario. Any changes or recommendations shall be discussed during the walk-through of ttre property prior to a proposal, quote and or notice to proceed. City of Santa Ana RFP 17-666 Page Al -3 25G-38 WINDOW BOARDING SPECIFICATION WINDOW - OUTSIDE VIEW NOTES: 1:2"CDXPLYWOOD CUT TO TO COVER VVINDOW OPENING SECURE TO STRUCTURE WITH 1-518" ISO) GALVANIZED NAILS \ 2 X 4 BRACE CUT TO OUTSIDE DIMENSION OF WINDOW TRIM 2 X4 GRACE. CUT TO SIZE OF PLYWOOD 3S' CARRIAGE BOLT 12" LONGICOURSE THREAD NUT TO MATCH, WASHERS INSTALLED ON BOTH SIDES ROUNDED HEAD OF BOLT ON OUTSIDE 1. FOR DOUBLE HUNG WINDOWS, SLIDE SASH TO CENTER OF UNIT AND PASS BOLTS THROUGH OPENINGS AT TOP AND BOTTOM. 2. STORM WINDOWS SHOULD BE REMOVED AND STORED INSIDE STRUCTURE, 3. OUTSIDE TRIM MAY HAVE TO BE REMOVED TO ACCOMMODATE A FLUSH AND TIGHT FIT. 4, TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS 2X4 BRACE. S. BRACE LOCATIONS: A = 113 B (SEE DIMENSION LOCATIONS ON DRAWING) NOTE: WINDOWS 3 FEET IN HEIGHT OR SHORTER ONLY REQUIRE ONE BRACE. 6. LOCATION OF BOLT HOLES: C = 1l3D (SEE DIMENSION LOCATIONS ON DRAWING) 7. THE PLYWOOD BOARD SHOULD BE SECURED WITH SCREWS EVERY 12" ALONG THE PERIMETER OF THE FRAME OF THE WINDOW, DOOR, OR OPENING, AND WITH DECK NAILS AT EVERY G' MARK WHERE SCREW IS NOT PLACED. City of Santa Ana RFP 17-066 Page Al -4 25G-39 � 1 d n ! 8 # p 6 9 a B a 4 0 i 9 k t 0 B ! 9 8 F a T e i a 1 z i a t s „ . . .x .. .. .. . ... n . ., N, � a w a .f. —_—r....,.«_.pi WINDOW - OUTSIDE VIEW NOTES: 1:2"CDXPLYWOOD CUT TO TO COVER VVINDOW OPENING SECURE TO STRUCTURE WITH 1-518" ISO) GALVANIZED NAILS \ 2 X 4 BRACE CUT TO OUTSIDE DIMENSION OF WINDOW TRIM 2 X4 GRACE. CUT TO SIZE OF PLYWOOD 3S' CARRIAGE BOLT 12" LONGICOURSE THREAD NUT TO MATCH, WASHERS INSTALLED ON BOTH SIDES ROUNDED HEAD OF BOLT ON OUTSIDE 1. FOR DOUBLE HUNG WINDOWS, SLIDE SASH TO CENTER OF UNIT AND PASS BOLTS THROUGH OPENINGS AT TOP AND BOTTOM. 2. STORM WINDOWS SHOULD BE REMOVED AND STORED INSIDE STRUCTURE, 3. OUTSIDE TRIM MAY HAVE TO BE REMOVED TO ACCOMMODATE A FLUSH AND TIGHT FIT. 4, TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS 2X4 BRACE. S. BRACE LOCATIONS: A = 113 B (SEE DIMENSION LOCATIONS ON DRAWING) NOTE: WINDOWS 3 FEET IN HEIGHT OR SHORTER ONLY REQUIRE ONE BRACE. 6. LOCATION OF BOLT HOLES: C = 1l3D (SEE DIMENSION LOCATIONS ON DRAWING) 7. THE PLYWOOD BOARD SHOULD BE SECURED WITH SCREWS EVERY 12" ALONG THE PERIMETER OF THE FRAME OF THE WINDOW, DOOR, OR OPENING, AND WITH DECK NAILS AT EVERY G' MARK WHERE SCREW IS NOT PLACED. City of Santa Ana RFP 17-066 Page Al -4 25G-39 DOOR BOARDING SPECIFICATIONS yr OU'x nl wrl'of IM T'l FlT AVWNS; p fall W NR All11INGOR "UTSIOE OF 110P FAWE DOOR - OUTSIDE VIEW NOTES: X 3 XRAI k$ CVt 10 SN£Gf YaWrn:N 11 i 4S`GOK PLVPlf'ri A) -'- GUT TO G06CR IW4R [RAMC ANO A9AWNG Y, V CAYRiAOE not I ` t ..--WIN W-WA3NPR DOOR -INSIDE VIEW NLJ.b'F BRIM AS NP)ErytRY TO '11111NAff PRY POINTS 1r Low, YA- C AAIA4Eba V61H 1WVIAnIf nN KITH Sloe 1. IRON DOORS OR FRAMES MAYBE REMOVED AND STORED INSIDE BUILDING IF NECESSARY. 2. USE 3/8" X I2" CARRIAGE BOLTS -ROUNDED HEAD ON OUTSIDE OF BUILDING. LONGER BOLTS MAY BE NECESSARY. 3. TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS 2X4 BRACE. 4. IF PLYWOOD CAN NOT BE BUTTED AGAINST BAND MOLDING, CUT TO COVER OUTSIDE EDGE OF DOOR FRAME. 5. BOLT HOLES ARE LOCATED AS THEY ARE FOR. WINDOWS (SEE WINDOW DETAIL) 6. CENTER BRACE LOCATED IN CENTER OF DOORWAY OPENING. TOP AND BOTTOM BRACES ARE POSITIONED WHERE A = 1/213 (SEE DIMENSION LOCATIONS ON DRAWING) 7, USE 2X4 BOTTOM BRACE - CUT TO WIDTH OF DOOR TRIM, DRILL TO THE FLOOR TO PREVENT OPENING. INTERIOR AND EXTERIOR BOTTOM BRACES WITH MASONRY SCREWS ARE MANDATORY WIZEN BOARDING GARAGE DOORS. City of Santa Ana RFP 17-066 Page Al -5 25G-40 y«w m.. n««....m nr--r....x........--q n n E p d i e P B 8 e n E v a i E d & E 9 n n { E i & I j B @ i n P lr t E n IT 1 C n o-rnevice.c�.v.a � Y, V CAYRiAOE not I ` t ..--WIN W-WA3NPR DOOR -INSIDE VIEW NLJ.b'F BRIM AS NP)ErytRY TO '11111NAff PRY POINTS 1r Low, YA- C AAIA4Eba V61H 1WVIAnIf nN KITH Sloe 1. IRON DOORS OR FRAMES MAYBE REMOVED AND STORED INSIDE BUILDING IF NECESSARY. 2. USE 3/8" X I2" CARRIAGE BOLTS -ROUNDED HEAD ON OUTSIDE OF BUILDING. LONGER BOLTS MAY BE NECESSARY. 3. TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS 2X4 BRACE. 4. IF PLYWOOD CAN NOT BE BUTTED AGAINST BAND MOLDING, CUT TO COVER OUTSIDE EDGE OF DOOR FRAME. 5. BOLT HOLES ARE LOCATED AS THEY ARE FOR. WINDOWS (SEE WINDOW DETAIL) 6. CENTER BRACE LOCATED IN CENTER OF DOORWAY OPENING. TOP AND BOTTOM BRACES ARE POSITIONED WHERE A = 1/213 (SEE DIMENSION LOCATIONS ON DRAWING) 7, USE 2X4 BOTTOM BRACE - CUT TO WIDTH OF DOOR TRIM, DRILL TO THE FLOOR TO PREVENT OPENING. INTERIOR AND EXTERIOR BOTTOM BRACES WITH MASONRY SCREWS ARE MANDATORY WIZEN BOARDING GARAGE DOORS. City of Santa Ana RFP 17-066 Page Al -5 25G-40 JdA USSSTANDARU FIAT WASHER GRADE NUT COURSE THREAD m NOTES: BRACE AND CARRIAGE BOLT SPECIFICATION 112' CIA I'l YWOOD kOUNDEU HCVD 112' I*5 STANDARD FtAT VIA311CR CARRbIGE 300 ON VICATHERSIDL OF OULNIN, §,W MILE IN GRACE AND 4VWOOD PRF DRILLED DURING I',UIRICAI ION I. USE 2" BY 4" BY 81 (OR LONGER) CONSTRUCTION GRADE LUMBER FOR BRACES. 2, USE 3/8" X 12" CARRIAGE BOLTS -ROUNDED I -MAD ON OUTSIDE OF BUILDING 3. TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS WASHER INTO 2X4 BRACE, 4. USE 1/2" WASHER ON WEATHER SIDE TO ACCOMMODATE THE WRENCH NECK OF BOLT AND ELIMINATE PRY POINTS. City of Santa Ana RFP 17-066 Page Al -6 25G-41 WINDOW ASSEMBLY MATERIALS REQUIRED PER WINDOW I - 1/2" CDX PLYWOOD SHEET -CUT TO DIMENSIONS OF WINDOW FRAME (WEATHER SIDE 4 - 2X4 BRACES - CUT TO WIDTH OF PLYWOOD 4 - CARRIAGE BOLT ASSEMBLIES NUMBER OF WINDOWS TO BE SECURED (Nw): NUMBER OF WINDOWS BRACES REQUIRED: (Nw X 4) CARRIAGE BOLT ASSEMBLIES REQUIRED (Bw): (Nw X 4) DOOR ASSEMBLY MATERIALS REQUIRED PER DOOR I - 1/2" CDX PLYWOOD SHEET - CUT TO DIMENSIONS OF DOOR FRAME (WEATHER SIDE) I - 1/2" CDX PLYWOOD SHEET - CUT TO OUTSIDE DIMENSIONS OF DOOR FRAME TRIM (INSIDE) 6 - 2X4 BRACES - 3 CUT TO WIDTH OF OUTSIDE PLYWOOD - 3 CUT TO WIDTH OF INSIDE PLYWOOD 1 - 2X4 BOTTOM BRACE - CUT TO WIDTH OF DOOR "TRIM DRILLED TO FLOOR (INSIDE) 6- CARRIAGE BOLT ASSEMBLIES NUMBER OF DOORS TO BE SECURED (ND): NUMBER OF DOOR BRACES REQUIRED: (NI) X 6) NUMBER OF BOTTOM BRACES REQUIRED: (ND) CARRIAGE BOLT ASSEMBLIES REQUIRED (Big): (Nr) X 6) CARRIAGE BOLT ASSEMBLY MATERIALS REQUIRED PER CARRIAGE BOLT ASSEMBLY I - 3/8" X 12' (OR LONGER IF NECESSARY) CARRIAGE BOLT - COURSE THREAD I - 1/2" USS STANDARD FLAT WASHER (WEATHER SIDE) 1 - 3/8" USS STANDARD FLAT WASHER (INSIDE) I - 3/8" CONSTRUCTION GRADE NUT - COURSE THREAD (Bw + BD) TOTAL CARRIAGE BOLT ASSEMBLIES REQUIRED FOR WINDOWS AND DOORS: City of Santa Ana RFP 17-066 Page Al -7 25G-42 EXHIBTi' B COMPENSATION Fee Proposal including hourly rates if applicable EXHIBIT 2 25G-43 Quality Value and Dependability Since 1988 Carpenter j $77.00 $115.50 $154.00 Office Manager $21.66 I $32.49 $43.32 Project Manager $66.00 $99.00 $132.00 Note: minimum hours may apply when providing services. 25G-44 EXHIBIT C CERTIFICATIONS C-1 through C-3 EXHIBIT 2 25G-45 Appendix — ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CEWfII+ICATIONS CONSTRUCTABILITY REVIEW NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf ol; tory undisclosed person, partnership, company, association, organization, or corporation; That the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER. or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or orthat of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, Or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereofto effectuate acollusive orsham bicL Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion CherO a also o signature of thus Non -collusion Affidavit. BIDDERS are cautioned that making a f (se certilicatiornay sub Oct the certifier to criminal prosecution. Silmed State of -Cc County of Subscribed and sworn to ` (ar affirmed) Before e on iht ----__. clay of _ 20, by proved to the on the basis of satisfactory evidence to lic'tlte`persnn(s) who appeared before me. Notary Public Signature Notary Public Seat City of Santa Ana RFP Page A3-1 25G-46 A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document, State of California County off ✓etsr t, Subscribed and sworn to (or affirmed) before me on this A`al�day of T, -KIR 20'? by tie. vd % SS _-._.r proved to me on the basis of satisfactory evidence to be the personw'who appeared before me. JOSEPH L. MCNEILL .COMM. # 2195057 ^ NOTARY PUSLIO- CALIFORNIAr RIVERSIDE COUNTY My Comm. Expiros May 27.2621 - . atui e _ (Seat) DESCRIPT ION gpOF THE A17ACHED)De)mOCUMENT {.Pi-011d.C.�:7/,.i r�'`W-if{e.¢TAIAI), � )._ Mtio or doseription or attached document) (Tole erde 'plica of attached document continued) 06-a Numberof Pages L-pDocument Dee r(,7( -7 Additional Information INSTRUCTIONS rhe wording uta l Juufs completed to Calitdmia offerdanuary 1, 2016 most be te the fort as of Ito wditn this Jumt Thera are no excepdons ff a Jurat to be completed does not Wow this form, the naferymust owned fire verbiage bybslrg a jurat stamp containing the coned wonMg or offachtng a separatehrrf term such as this one with does conmin the proper wom7ng. In addition, the rotary mud again an oath of affirmation done the demerit signor rcgam7ng the W@fuhmss of the contents of the dbcumanG The document must ire signed AFTER the oath btalffirmilfon. Ifthe documant was pievioudy signed, kmustbo m-signedm runt atthe noterypubec dining fhe(uratpmross. • State and county information' must be the state and county where the document signer(s) personally appeared before the notary public. • Date of notarization must be the date the slgner(s) personally appeared which must also be the same data the jurat process Is completed. o print the names) of the document signer(s) who personally appear at the time of notarization. e Signature of the notary public must match the signature on file with the office of the county dark. o The notary seat impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal Impression smudges, re -seal if a sufficient area permits. otherwise complete a differentfurat form. 4 Additional information Is not required but could help to ensure this Jurat Is not misused or attached to a differant document. rr Indicate title or type of attached document number of pages and date. • Securely attach this document to the signed document with a atspie. 1111 2015 Version www.NotaryClasaes.com 600-873.9865 ifil 25G-47 Appendix ATTACHMENT 3-2c NON -LOBBYING CERTIFICATION CERTIFICATIONS CONSTRUCTABILITY REVIEW The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriate([ funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any fedora] agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modiflcation of any federal contract, grant, loan, or cooperative agreement. 2. [f any'funds othor than federal appropriated' funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in convection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of tact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 far each such failure. The prospective participant also agmcs by submitting Itis or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Finn Signe Title._&0 __ —_. -- - - __--- Date City of Santa Ana RFP Paye A3-2 25G-48 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS CONSTRUCT'ABILIT'Y REVIEW The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms or compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The ConSUltant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4, The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required. by CXCOUtive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary orLabor, or as otherwise provided bylaw. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP Page A3-3 25G-49 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a. result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subjpat-tAptl tine penalties imposed for a violation of the Chapter. Signed: l Title: Firni:cca��if_1Qf1 Date: b City of Santa Ana RFP Page A3-4 25G-50