HomeMy WebLinkAbout07 AUTHORIZE PURCHASE AND AWARD CONTRACT FOR INSTALLATION OF VARIOUS APPURTENANCES AT CITY FACILITIEMEETING DATE: SEPTEMBER 1, 2026
TO: ALDO E. SCHINDLER, CITY MANAGER
FROM: MICHAEL GRISSO, DIRECTOR OF PUBLIC WORKS
SUBJECT: AUTHORIZE PURCHASE AND AWARD CONTRACT FOR
INSTALLATION OF VARIOUS APPURTENANCES AT CITY
FACILITIES
SUMMARY:
Staff is requesting authorization to award a contract to The KYA Group through the
California Multiple Award Schedules cooperative purchasing program to furnish and install
various appurtenances at City facilities, specifically improvements at the Columbus Tustin
Gymnasium and the Tustin Area Senior Center , such as: refinishing of the gymnasium
wood floor with new court striping, and installation of new motorized bleachers; removal of
the existing auditorium flooring and installation of a new dance floor system with luxury
vinyl tile.
RECOMMENDATION:
Recommended that the City Council:
1.Adopt Resolution No. 26-51 authorizing use of the California Multiple Award
Schedules cooperative purchasing program and award a contract to The KYA Group
for the purchase and installation of various appurtenances at City facilities in an
amount not-to-exceed $974,949.78; and
2.Authorize the City Manager and the City Clerk to execute the contract documents
on behalf of the City.
FISCAL IMPACT:
Available budget in the amount of $975,000 has been appropriated in the Fiscal Year 2026-
2027 Capital Improvement Program Budget for these facility improvements.
CORRELATION TO THE STRATEGIC PLAN:
This project contributes to the fulfillment of the City’s Strategic Plan Goal B: Public Safety
and Protection of Assets, Strategy 5 : Create and implement a plan to protect the City’s
AGENDA REPORT
Agenda Item _______
Reviewed:
City Manager _______
Finance Director _______
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City Council Agenda Report
Authorize Purchase and Award Contract for Installation of various Appurtenances at City
Facilities
September 1, 2026
Page 2
public assets. Specifically, the implementation of Strategy 5a, which among other items, is
for the improvement of public facilities.
BACKGROUND AND DISCUSSION:
The City continues to invest in improvements that extend the useful life, functionality, and
safety of its public facilities. The proposed project includes renovations at both the
Columbus Tustin Gymnasium and the Tustin Area Senior Center that will improv e facility
operations while reducing future maintenance requirements.
Facility improvements at the Columbus Tustin Gymnasium include the removal of the
original manual bleachers, replacement of the existing operable partition wall, refinishing
of the gymnasium wood floor with new court striping, and installation of new motorized
bleachers. These improvements will modernize the facility, improve functionality for athletic
and community programming, and enhance the overall user experience.
Improvements at the Tustin Area Senior Center include removal of the existing auditorium
flooring and installation of a new dance floor system with luxury vinyl tile . The new flooring
system will provide a durable, attractive surface while significantly reducing the ongoing
maintenance costs associated with traditional wood flooring, including refinishing and
specialized maintenance.
To facilitate timely project implementation, staff evaluated available procurement options
and recommend utilizing the California Multiple Award Schedules (CMAS) cooperative
purchasing program. This procurement method allows the City to leverage competitiv ely
awarded state contracts, reducing procurement time while ensuring competitive pricing and
compliance with public contracting requirements. This process also provides scheduling
benefits as coordinating downtime at community facilities requires months of planning and
coordination to help meet the Parks and Recreation Department's implementation schedule
while minimizing disruptions to facility programming.
Pursuant to Tustin City Code Section 1625(c), the City is authorized to utilize regional,
state, or federal cooperative purchasing programs. The proposed project was reviewed by
the California Department of General Services and deemed consistent with the CMAS
cooperative purchasing program. Approval of this item will authorize the City to award a
contract through the CMAS cooperative purchasing program to The KYA Group, as
determined to provide the best overall value for the City.
Staff is requesting authorization to utilize the CMAS cooperative purchasing program and
award a contract to The KYA Group to furnish and install the various facility improvements
described above in an amount not-to-exceed $975,000.
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City Council Agenda Report
Authorize Purchase and Award Contract for Installation of various Appurtenances at City
Facilities
September 1, 2026
Page 3
_____________________
Michael Grisso
Director of Public Works
Attachments:
1. Resolution No. 26-51
2. Quote
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ATTACHMENT 1
Resolution No. 26-51
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__________________________
Resolution 26-51
Page 2 of 2
RESOLUTION NO. 26-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AUTHORIZING USE OF THE STATE DEPARTMENT OF
GENERAL SERVICES TO PURCHASE THE NECESSARY
EQUIPMENT AND INSTALLATION SERVICES FOR THE VARIOUS
APPURTENCES AT CITY FACILITIES PROJECT
WHEREAS, the City has a need to purchase various materials, services,
supplies, and equipment in order to conduct the operations of the City in
connection with the Various Appurtenances at City Facilities Project; and
WHEREAS, Section 1625(c) of the Tustin City Code authorizes the
purchase of supplies, materials or equipment through the State Department of
General Services or through the County of Orange Cooperative Purchasing
Program, or other government purchasing program, when such supplies,
materials or equipment can be more efficiently or more cheaply obtained through
such purchasing programs.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Tustin, as follows:
Section 1. That in accordance with Section 1625(c) of the Tustin City
Code, the City Council of the City of Tustin, California, does hereby authorize use
of the California Multiple Award Schedules (CMAS) Program, utilizing The KYA
Group, contract number CMAS 4-20-78-0089C with CMAS to purchase the
equipment, and installation with The KYA Group to complete the project, in the
not-to-exceed amount of $975,000.
Section 2. The City Manager is hereby directed to sign and deliver all
necessary requests and other documents in connection therewith and for and on
behalf of the City of Tustin.
APPROVED AND ADOPTED at a regular meeting of the City Council of the
City of Tustin on the 1st day of September 2026.
AUSTIN LUMBARD
Mayor
ATTEST:
______________________
ERICA N. YASUDA
City Clerk
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__________________________
Resolution 26-51
Page 2 of 2
APPROVED AS TO FORM:
______________________
DAVID E. KENDIG,
City Attorney
/MSD/
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, do hereby certify that the whole number of the members of the City
Council is five; that the above and foregoing Resolution No. 26-51 was duly and
regularly passed and adopted at a regular meeting of the City Council held on the 1st
day of September 2026 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
COUNCILMEMBER RECUSED:
__________________________
ERICA N. YASUDA,
City Clerk
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ATTACHMENT 2
Quote
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PREPARED FOR
Jason Churchill
City of Tustin
7145733000
jchurchill@tustinca.org
08/13/2026
City of Tustin - Columbus Rec &
Senior Center - Renovation
Project Number P-0107462
KYA CMAS 4-20-78-0089C GSA
Contact
Deanna Rey
1800 E. McFadden Ave.
Santa Ana, CA
deanna.rey@thekyagroup.com
Pages 6 LICENCE 984827 (B, C15, D12, A, C20, C10, C33)
DIR #1000003379
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Proposal:P-0107462 Date:08/13/2026
To:City of Tustin
300 Centennial Way
Tustin CA 92780
Terms:Net30
Address:17522 Beneta Way
Tustin CA, 92780
Site Qualifications and General Scope of Work
Priced per KYA CMAS 4-20-78-0089C GSA
Notes:Sales tax rate will be based upon the shipping address. Price is good for 30 days from date of quote.
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SCOPE OF WORK - PRICING
Item Quantity U/M Price Value Taxable
Removal of Existing Surface 13911 SF $2.67 $37,142.37
TELBLCHR - MOTORIZED TELESCOPING GYM BLEACHER
SYSTE
2 EA $262,581.64 $525,163.28
Carpenter Journeyman 620 HRS $147.49 $91,443.80
EWLGHT - ELECTRICAL WIRING - LIGHTING 172 LF $38.22 $6,573.84
STL2 - STEEL CONDUIT - NOT TO EXCEED 2" OD 172 LF $36.80 $6,329.60
STLTRN - STEEL CONDUIT - TRANSITIONS 14 EA $21.42 $299.88
Plumber/HVAC/Electrician 90 HRS $175.71 $15,813.90
Moisture Test 1 EA $195.39 $195.39
EPOXYV - EPOXY VAPOR BARRIER 4040 SF $6.50 $26,260.00
FLRFIN - FLOOR FINISH 76 EA $576.91 $43,845.16
VCOVE - VENTED COVE BASE 396 LF $13.00 $5,148.00
14PAD - 1/4 " RESILIENT PAD 4040 SF $0.82 $3,312.80
ACTAERO - ACTION AERO SUBFLOOR 4040 SF $3.31 $13,372.40
LVT25 - LVT 2.5MM 4040 SF $4.03 $16,281.20
CB40 - 4" COVE BASE 200 EA $1.66 $332.00
Floor Covering Journeyman (So Cal)565 HRS $115.10 $65,031.50
Paint Basketball Court 1 EA $1,812.80 $1,812.80
Paint Volleyball Court 1 EA $1,268.96 $1,268.96
Logo Application 1 EA $12,427.89 $12,427.89
FLRSEAL - FLOOR SEALER 12 EA $325.02 $3,900.24
FLRFIN - FLOOR FINISH 24 EA $576.91 $13,845.84
ELE-GG-UPAD - UPRIGHT PAD ? P.E. ECONOMY 28 EA $165.45 $4,632.60
Application of Sports Pad 336 SF $1.77 $594.72
SUNDRIES - SUNDRIES 10 EA $735.38 $7,353.80
Dumpster Service 6 EA $906.40 $5,438.40
MCPJ - MINIMUM CHARGE PER JOB - Mobilization 1 EA $750.00 $750.00
Quality Control Supervisor 340 HRS $170.18 $57,861.20
Bonding Fee 1 EA $8,518.21 $8,518.21
Total Price $974,949.78
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CONDITIONS AND WARRANTY
1)Proposal:
The above proposal is valid for 30 days from the date first set forth above. After 30 days, we reserve the right to increase prices due to the rise in cost of
raw materials, fuel or other cost increases. When applicable, KYA Services, LLC reserves the right to implement a surcharge for significant increases in
raw materials, including, but not limited to; fuel, and materials. Due to the duration of time between proposals, contracts and final furnishing, KYA
Services, LLC reserves the right to implement this surcharge when applicable. Any job that is accepted prior to December 31st of the current year and
scheduled to install after December 31st of the current year is subject to price increase. All project proposals based on a specific set/sets of plans are
considered preliminary budgets and may be subject to pricing changes once the plans are approved by the relevant authority
2)Purchase:
By executing this proposal, or submitting a purchase order pursuant to this proposal (which shall incorporate the terms of this agreement specifically by
reference) which is accepted by KYA Services, LLC . (the “Company”), the purchaser identified above (“you” or the “Purchaser”) agrees to purchase the
materials and the services to be provided by the “Company”, as detailed in the Pricing and “General Scope of Work” sections in this agreement, above.
Any additional costs arising from tariff changes shall be deemed pass-through costs and shall be paid by the Client upon receipt of supporting
documentation from the Contractor.
3)Standard Exclusions:
Unless specifically included, this agreement does not include, and Company will not provide services, labor or materials for any of the following work: (a)
removal or disposal of any material containing asbestos or any hazardous materials as defined by the EPA; neither we nor our installers are responsible
for the handling, removal or abatement of asbestos contained floor material or adhesive. Further, our policy is to request an Asbestos Hazard Emergency
Response Act (AHERA) report prior to proceeding with any floor material or floor adhesive removal. We and our installers consider it the owners
responsibility to produce this report prior to executing this contract. (b) moving Owner’s property around the installation site. (c) repair or replacement of
any Purchaser or Owner- supplied materials. (d) repair of concealed underground utilities not located on prints, supplied to Company by Owner during the
bidding process, or physically staked out of by the Owner, and which are damaged during construction; or (e) repair of damage to existing surfaces that
could occur when construction equipment and vehicles are being used in the normal course of construction.
4)Insurance Requirements:
Company is not required to provide any insurance coverage in excess of Company’s standard insurance. A copy of the Company’s standard insurance is
available for your review prior to acceptance of the Company’s proposal.
5)Payment;
Terms of payment are defined in the “Pricing” details section and are specific to this contract. For purposes of this agreement, “Completion” is defined as
being the point at which the materials have been furnished. In any event where Completion cannot be effected due to delays or postponements caused
by the Purchaser or Owner, final payment (less 5% retainage) is due within 30 days of the date when the Completion was scheduled, had the delay not
occurred. All payments must be made to KYA Services, LLC 1800 E. McFadden Ave., Santa Ana, CA 92705 . If the Purchaser or Owner fails or delays in
making any scheduled milestone payments , the Company may suspend the fulfilment of its obligations hereunder until such payments are made, or
Company may be relieved of its obligations hereunder if payment is more than 60 days past due. Company may use all remedies available to it under
current laws, including but not limited to filing of liens against the property and using a collection agency or the courts to secure the collection of the
outstanding debt.
6)Lien Releases:
Upon request by Owner, Company will issue appropriate partial lien releases as corresponding payments are received from Purchaser, but prior to
receiving final payment from Purchaser or Owner, Company will provide a full release of liens upon receipt of final payment. In accordance with state
laws, Company reserves the right to place a lien on the property if final payment has not been received 10 days prior to the filing deadline for liens.
7)Site Plan Approval, Permit/s, Permit Fees, Plans, Engineering Drawings and Surveying:
Site plan approval, permits, permit fees, plans, engineering drawings and surveying are specifically excluded from this agreement and the Services
unless specified under the “General Scope of Work”. The Company does not in any way warrant or represent that a permit or site plan approval for
construction will be obtained. Sealed engineered drawings that are required but not included in the “General Scope of Work” will result in additional cost
to Purchaser.
8)Manufacturing and Delivery:
Manufacturing lead-time and delivery varies depending on the product purchased.
9)Returned Product, Deposits and/ or Cancelled Order:
From date of shipment from our facility, all returned product(s) and cancelled orders are subject to a 50% restocking fee. No returns are available
following this date. All deposits are non-refundable.
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10)Concealed Conditions:
“Concealed conditions” include, without limitation to, water, gas, sprinkler, electrical and sewage lines, post tension cables, and steel rebar. Observations
that were able to be made either by visual inspection or by drawings and/or plans submitted by Owner at the time this agreement was approved. If
additional Concealed Conditions are discovered once work has commenced which were not visible at the time this proposal was approved, Company will
stop work and indicate these unforeseen Concealed Conditions to Purchaser or Owner so that Purchaser and Company can execute a change order for
any additional work. In any event, any damage caused by or to unforeseen Concealed Conditions is the sole responsibility of the Purchaser and
Company shall not be held liable for any such damage. Soil conditions are assumed to be soil that does not contain any water, hard rock (such as
limestone, caliche, etc.), rocks bigger than 4inches in diameter or any other condition that will require additional labor, equipment and/or materials not
specified by the purchaser or Owner in the bidding process. Any condition requiring additional labor, equipment, and/or materials to complete the drilling
or concrete operations will require a change order before Company will complete the process. Any variation will incur additional charges.
11)Changes in the Work:
During the course of this project, Purchaser may order changes in the work (both additions and deletions). The cost of these changes will be determined
by the Company, and a change order must be completed and signed by both the Purchaser and the Company, which will detail the “General Scope of the
Change Order”. Should any change be essential to the completion of the project, and the Purchaser refuses to authorize such change order, then
Company will be deemed to have performed its part of the project, and the project and Services will be terminated. Upon such termination, Company will
submit a final billing to Purchaser for payment, less labor allowance for work not performed but including additional charges incurred due to the stoppage.
No credit will be allowed for materials sold and supplied, which will remain the property of the Purchaser.
12)Warranty; Limitations of Liability:
Company warrants that all Company-supplied labor and Services will be performed in a good and workmanlike manner. Purchaser shall notify the
Company in writing detailing any defects in Service for which a warranty claim is being made. COMPANY SHALL NOT IN ANY EVENT BE LIABLE FOR
INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR LIQUIDATED DAMAGES IN ANY ACTION ARISING FROM OR RELATED TO
THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), INTENDED CONDUCT OR OTHERWISE, INCLUDING
WITHOUT LIMITATION, DAMAGES RELATING TO LOSS OF PROFITS, INCOME OR GOODWILL, REGARDLESS OF WHETHER COMPANY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY’S LIABILITY FOR MONETARY DAMAGES UNDER
THIS AGREEMENT EXCEED THE FEES PAID OR DUE AND PAYABLE FOR THE SERVICE UNDER THIS AGREEMENT (OR RELEVANT PURCHASE
ORDER). The warranties or the materials are contained in a separate document between Company and the ultimate Owner of the materials, which will be
provided to Owner at the time of completion of work.
13)Indemnification:
To the fullest extent permitted by law. Purchaser shall indemnify, defend and hold harmless the Company and its consultants, agents and employees or
any of them from and against claims, damages, losses and expenses, including but not limited to attorney’s fees, relating to furnishing of the materials or
performance of the Services, provided that such claim, damage, loss or expense is attributable to bodily injury to, sickness, disease or death of a person,
or injury to or destruction of tangible property, but only to the extent caused by the negligent acts or omissions of the Purchaser or its agents, employees,
or subcontractors or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim,
damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or reduce other
rights or obligations of indemnity that would otherwise exist as to a party or person described in Section 13.
14)Delegation: Subcontractors:
The Services and furnishing of materials may be performed by subcontractors under appropriate agreements with the Company
15)Force Majeure: Impracticability:
The Company shall not be charged with any loss or damage for failure or delay in delivering or furnishing of materials when such failure or delay is due to
any cause beyond the control of the Company, due to compliance with governmental regulations, or orders, or due to any acts of God, lockouts,
slowdowns, wars or shortages in transportation, materials or labor.
16)Dispute Resolution:
Any controversy or claim arising out of or related to this agreement must be settled by binding arbitration administered in CA, 92705 by a single arbitrator
selected by the parties or by the American Arbitration Association, and conducted in accordance with the construction industry arbitration rules.
Judgement upon the award may be entered in any court having jurisdiction thereof.
17)Entire Agreement; No Reliance:
This agreement represents and contains the entire agreement between the parties. Prior discussion or verbal representations by the parties that are not
contained in this agreement are not part of this agreement. Purchaser hereby acknowledges that it has not received or relied upon any statements or
representations by Company or its agents which are not expressly stipulated herein, including without limitation any statements as to the materials,
warranties or services provided hereunder.
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18)No Third-Party Beneficiaries:
This agreements creates no third party rights or obligations between Company and any other person, including any Owner who is not also a Purchaser. It
is understood and agreed that the parties do not intend that any third party should be a beneficiary of this agreement.
19)Governing Law:
This agreement will be constructed and enforced in accordance with the laws of the State of California.
20)Assignment:
Purchaser may not assign this agreement, by operation of law or otherwise, without the prior written consent of the Company. The agreements shall be
binding upon and ensure to the benefit of the Company and the Purchaser, and their successors and permitted assigns.
Executed to be effective as of the
date executed by the company:KYA Services, LLC
Accepted by:
Signature:Signature:
By: (Print)By: (Print)
Title:Title:
Date:Date:
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