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Home My WebLink AboutA8618 - JOHN BEAN TECHNOLOGIES CORP. - AIRPORT PASSENGER BOARDING BRIDGESPALM SA4 iZ � c V N *'N1FoeN�P CITY OF PALM SPRINGS CHANGE ORDER City Project No. 19-34 Passenger Boarding Bridges Bid Schedules A and Additive Bid Schedule A Change Order Number: Two (2) Date: 06/16/2021 Contractor: John Bean Technologies Corporation CHANGE ORDER SUMMARY The project specifications did not include provisions to modify existing exterior walkways to match the new passenger boarding bridges. This change is to pressure wash the fixed walkways at Gates 6, 7, 8 and 10, and paint the walkways the same color as the new passenger boarding bridges. This scope includes mechanical grinding and a rust inhibitive sealer to address rusted areas on the walkways. All metals on the fixed walkways are to receive a prime coat or 2-part epoxy and two finish coats of a two-part aliphatic urethane in the color to match the passenger boarding bridges. CHANGE ORDER COST BREAKDOWN QTY DESCRIPTION UNIT UNIT PRICE AMOUNT Repaint existing fixed walkways at Gates 6, 7, 8 1 and 10 to match the new passenger boarding LS $59,474.00 $59,474.00 bridges. CP 19-34 Passenger Boarding Bridges Contractor Change Order No. 02 June 16, 2021 Page 1 of 2 Total: $59,474.00 CHANGES TO CONTRACT TIME: There will be zero (0) changes to contract time. SOURCE OF FUNDS: Funds are available through Account #416-6601-56211. Summary of Costs: Original Contract Amount: $7,042,945.00 Original Completion: 290 Work Days This Change Order: $59,474.00 Days Added: 0 Work Days Previous Change Orders: $42,278.72 Previous Days Added: 0 Work Days Revised Contract Amount: $7,144,697.72 Revised Completion: 290 Work Days Contractor Approved By: 6/17/2021 John B n Technologies Corporation, Inc. Date City of Palm Springs Brian DeRoche,,President - Jetway Systems Recommended By: r-[ /(.,Yc)Z 1 Ulises AguirrV, Executive Director PSP Date J, el Montalvo, City Engineer Date i Approved By: c) 1 Just' lifton, City M ager Date Attest By: Cb-bfaie�--L Z A ny J. Meji City Distribution: Original Conformed Copy: Conformed Electronic File Copy: Contractor (1) Project Correspondence File Engineering Pay File (1) Sr. Inspector Page 2 of 2 "Confidential and Proprietary For Internal Use Only" (GBT AeroTech PROPOSED CHANGE ORDEF Art Cervantes Date: June 15, 2021 Palm Springs Airport Ref RQ No.: 3764-631 Ref Contract No.: Expiration Date: NA Mr. Cervantes In order to be of service to you, I have described a proposed change to the subject contract on the attached Change Summary. Should you elect to incorporate this change in the original contract, our terms and conditions as contained in the referenced Contract document will apply. Upon receipt of your signed acknowledgment of this Proposed Change Order, I will amend the original contract by entering the proposed change(s) and order the work to begin. If your company requires the use of its own change order form, please submit the form to our Project Manager referencing or listing the change items noted on the attached Proposed Change Summary and we will subsequently amend the original contract to incorporate this change. Sincerely, Scott Hunter Manager of Project Management Acknowledged by: TITLE: DATE: JETWAY USE: Originator Project Mgr Cost Analyst Sales "Confidential and Proprietary For Internal Use Only" PROPOSED CHANGE SUMMARY RQ 3764-631 PAGE 2 SCOPE OF WORK Item # Description Unit Price $ Extended Price$ USD Repaint walkway per quote attached from Aero bridge works $49,120.00 2 JBT markup on install $9,824.00 Freight and handling NA Bond 530.00 TOTAL $59,474.00 Work may not be completed during the same time as the gate replacement clue to time. Tax to be added at the appropriate rate at the time of invoice June 15, 2021 JBT Jetway Systems Lonnie Rackham, Project Manager 1805 West 2550 South Ogden, LIT 84401 REF: Change Order A02 rev 1 Repainting of the fixed Walkways ABW Project No. 221719JBTPSP JBT subcontract312124393 City of Palm Springs Installation of Jetway passenger boarding bridges. Dear Lonnie, AFRO BRIOCEWORKS INC In accordance with the Change Order procedures for the above referenced Contract, AERO Bridgeworks :nc. hereby submits this Change Order for the following event or situation arising out of our Work: 1. Per request by the airport to repaint the fixed walkways at Gate 6, 7, 8, and 10. AERO vriil perform the pressure washing and our sub Benise-Dowling will repaint the walkways. 2. Pressure washing is quoted to take place on the ramp with existing PSP storm drain collect and treatment of water. 3. Walkways are to be painted the same color as the new bridges. 4. Work is quoted for normal working hours. 5. The scope for the walkway repainting woulc be to furnish and provide all abor, materials, equipment, tools, supplies, services and supervision and other necessary incidentals to complete the scope of work of repainting the 4 walkways. The walkways will be pressure washed and cleaned before repainting. The cleaning will address any rusted area via mechanical grinding. All rusted metals to receive a rust inhibitive sealer. All Metals on the foxed walkways to receive a prime coat or 2 part epoxy and two finish coats of a two part aliphatic urethane in the color to match the Passenger Boarding Bridge. Pricing: AERO BridgeWorks proposes to perform the described scope of services for a lump sum of Forty -Nine thousand, one hundred twenty dollars ($49,120.00). We trust you will find our proposal complete and in order, however, should you have any questions or comments, please do not hesitate to contact me anytime. We trust you will find our proposal complete and n order, however, should you have any questions or comments, please do not hesitate to contact me anytime. Time Extension: AERO Bridgeworks proposes to have a time extension of 8 days. We are happy to discuss the details of this change as we continue to investigate. Should you have any questions or comments please contact me at (206) 452-9013. Sincerely, Stems q" Stephen D. Henry, PE Senior Project Manager, AERO BrdgeWorks, Inc. 2700 Delk Road SE, Suite 150 - Marietta, GA 30067 - PH (770) 423-4200 • FAX (770) 423-4203 ATLANTA + DALLAS + CHICAGO + SALT LAKE CITY + LOS ANGELES + SEATTLE www.theaerogroup.net Product Finishes TM� uwTM .b SHERWIN WILLIAMS. Black ..................................... F63B21 Orange ......................... ........ F63E23 Clear ..................................... F63F24 Green................................_F63G26 DESCRIPTION POLANEO S Plus Polyurethane Enamel is a low gloss, two component, acrylic polyurethane providing high volume solids, 2.8 lb/gal VOC compliance", and excellent exterior durability. Its hardness, chemical resistance and durability make it an ideal coating for exterior building products, ex- trusions, farm and construction equipment, machinery, transformers, transportation, communication equipment, and a broad array of plastic and metal applications. Advantages: • Complies with 2.8 VOC' EPA solvent emission regulations • Excellent color and gloss retention for exterior applications • Excellent physical and chemical per- formance properties • Excellent appearance over many types of metal and plastic substrates • Direct adhesion to a wide array of plas- tic substrates • Lower energy cure system - air dry or force dry • High solids - high spreading rate • Full color range through monochromatic intermix system • Excellent hardness, mar resistance and abrasion resistance • Texturable • Apply by conventional, airless, air - assisted airless, HVLP, or electrostatic spray • Intermixable with Polane HS Plus Poly- urethane to provide full gloss range • Non-photochemically reactive • Good gloss consistency over humidity and cure extremes • Meets the performance requirements of AAMA 2603-02 for extruded aluminum • Meets the coating performance require- ments of the ANSI Specification for pad mounted transformers "VOC compliance limits vary from state to state; please consult local Air Quality rules and regulations. CC-D 19 POLANE® S Plus Polyurethane Enamel Blue......................................F63L27 Blending White ..................... F63W25 Magenta .. ............................. F63R20 Yellow Oxide ........................ F63Y23 Red Oxide............................F63R28 Yellow (Red Shade) ............. F63Y24 Bright Red............................F63R29 Catalyst................................V66V55 CHARACTERISTICS Gloss: 25-30 units Volume Solids: 59f 2% catalyzed and reduced, may vary by color Viscosity: 18-25 seconds #3 Zahn Cup catalyzed and reduced Recommended film thickness. Mils Wet 3.1-3.3 Mils Dry 1.8-2.0 Spreading Rate (no application loss) @ 1.8-2.0 mil dft: 475-525 sq fugal Air Drying (1.8 mils dft, 77°F, 500/6 RH): To Touch: 20-25 minutes To Handle: 4-8 hours Tack Free: 45-90 minutes To Recoat: 15-30 minutes Force Dry: 30-60 minutes at 140-180`F Curing temperature must not exceed the heat distortion temperature of the substrate. Mixing Ratio: 6 parts Polane S Plus 1 part Catalyst V66V55 0.175 part (2%%) MAK R61<30 Pot Life: 2 hours Accelerated Drying: Add % ounce of Polane Accelerator, V66VB11 per gallon of Polane S Plus. Pot life is reduced to 1 hour. To Touch: 15-20 minutes To Handle: 2-4 hours Tack Free: 30-60 minutes To Recoat: 15-30 minutes Force Dry: 30 minutes at140-180'F Flash Point: 102°F PMCC Package Life: 2 years, unopened Air Quality Data (Theoretical): • Non-photochemically reactive • Volatile Organic Compounds (VOC) catalyzed and reduced as above, 2.8 lb/gal, 336 g/L An Environmental Data Sheet is available from your local Sherwin-Williams facility. SPECIFICATIONS General: Substrate should be free of grease, oil, dirt, fingerprints, drawing com- pounds, any contamination, and surface passivation treatments to ensure optimum adhesion and coating performance proper- ties. Consult Metal Preparation Brochure CC-T1 for additional details. Aluminum or Galvanized Steel (untreated): Prime with RoHS Compliant Wash Primer, P60G10, Industrial Wash Primer, P60G2, or Kem Aquae Wash Primer, E61 G520, followed by Polane Plus Sealer, E65A71 or 2.8 VOC Catalyzed Ep- oxy Primer, E61A280. Plastic: Due to the diverse nature of plas- tic substrates, a coating or coating system must be tested for acceptable adhesion to the substrate prior to use in production. Reground and recycled plastics along with various fire retardants, flowing agents, mold release agents, and foaming blowing agents will affect coating adhesion. A filer or primer/barrier coat may be required. Please consult your Sherwin-Williams Sales Representative for system recom- mendations. Steel or Iron: Remove rust, mill scale, and oxidation products. For best results, treat the surface with a proprietary surface chemical treatment of zinc or iron phos- phate to improve corrosion protection. For best corrosion resistance, prime untreated steel with 2.8 VOC Catalyzed Epoxy Primer, E61A280. Cast Iron. Fill with Polane 2.8 Plus Spray- Fil, D61 H75 and sand, seal with Polane Plus Sealer, E65A71 Testing: Due to the wide variety of sub- strates, surface preparation methods, appli- cation methods, and environments, the customer should test the complete system for adhesion, compatibility and performance prior to full scale application. CC-D19 12112 continued on back APPLICATION Typical Setups Reduction: Reduce with R61(30. Maxi- mum total reduction is 2.5% by volume to maintain 2.8 VOC. Conventional Spray: Air Pressure ........................... 40-50 psi Fluid Pressure ......................... 5-10 psi Tip............................................ .047„ Airless Spray Pressure.........................2000-2800 psi Tip ................................... .011 - .013" Air Assisted Airless: Air Pressure ........................... 10-30 psi Fluid Pressure ................1500-2100 psi Tip ................................. .011 - .013„ Electrostatic Spray: Conductivity is 1.0-1.5 megohms resis- tance, which is suitable for all hand-held electrostatic spray setups. HVLP: Atomizing Air Pressure at the cap ........ 8-10 psi Fluid Pressure ......................... 5-10 psi Tip.............................................. .055 Dipping, brushing or flow coat applica- tion is not recommended. Cleanup: Clean tools/equipment immediately after use with Reducer, R7K95 or MAK. Polane reducers, MEK and MIBK may also be used but are not HAPS compli- ant. Follow manufacturers safety recom- mendations when using any solvent. Performance Tests Substrate.......... Bondente 1000 steel panels F63W25 catalyzed and reduced, 1.8 mils dit, 30 minutes at 180°F, 14 days air cured Humidity 100`F, 100% RH ............500 hours Conical Mandrel ................................ passes Impact Resistance, Direct ................. 60 in lb Impact Resistance, Reverse.............10 in lb Pencil Hardness ........................................ H Taber Abrasion CS 17 wheel, 1000 g, 1000 cycles..<100 mg Water Immersion .............................24 hours no blistering or loss of adhesion Adhesion, Crosshatch ....................Excellent MEK, 100 double rubs ............. slight bum;sh QUV, 1220 hours, 95% gloss, 0.70E maxi- mum Chemical Resistance Lubricating 8 Cutting Oils ............... Excellent Hydraulic Fluids .............................. Excellent SPECIFICATIONS Product Limitations: • Polane S Plus coating must be catalyzed with V66V55. Do not vary catalyst ratio. Maintain an exact ratio. The catalyst ratio has been established for optimum hardness, flexibility, gloss, chemical and solvent resistance. Do not use Polane Interior Catalyst V66V27, V66V44 or V66V47. Using these catalysts will shorten potlife and cause film embrittle- ment. • Do not blend with any polyurethane other than Polane HS Plus. No other catalysts, colorants or reducers are rec- ommended because foreign materials such as alcohols and glycols destroy performance properties. Lacquer thin- ners and alcohol containing solvent blends should not be used with Polane enamels. • F63E23 and F63Y24 have limited hiding and should be used with other colors. F63G26, F631_27, F63R20 and F63R29 have high tinting strength but lack hiding and must be mixed with other colors. Organic monochromatics should not be used by themselves. • PolaneS Plus coatings are not MGM - mended for exterior use on wood. • Do not spray hot Heat shortens podife. Do not pump catalyzed materials from drums into circulating system. Friction heat developed by pumps and circulation will shorten potfife. • Protect Polane enamels, catalysts and reducer from moisture as water affects potlife and properties. Store indoors. • Do not package Polane coated products in airtight plastic bags unless completely cured. Since Polane enamels continue to cure for several weeks, the buildup of organic solvents and reaction by- products could cause improper cure and adhesion failure in use. • A primer is always recommended for exterior application on steel. • Do not exceed 2.5 mil dry film with air- less or air assisted airless equipment due to sagging tendencies. • Use Polane HS Plus Silver F63S65 for metallic colors in this quality. F63S65 - does not offer the same color and gloss retention as other colors because of the weathering effect of aluminum pigment Do not use for applications requiring long - term color and gloss retention. • Use MEK as a reducer for Silver F63S65 rather than MAK. The faster evaporation of MEK helps the metallic pigment orien- tation. • The Clear F631F24 is intended for custom color intermixing and should not be used as a clear coat because of its potential for yellowing. CC-019 POLANE° S Plus Polyurethane Enamel CAUTIONS FOR INDUSTRIAL SHOP APPLICATION Thoroughly review product label and Material Safety Data Sheet (MSDS) for safety and cautions prior to using this product. A Material Safety Data Sheet is avail- able from your local Sherwin-Williams facility. Please direct any questions or com- ments to your local Sherwin-Williams facility. Note: Product Data Sheets are periodi- cally updated to reflect new information relating to the product. It is important that the customer obtain the most recent Prod- uct Data Sheet for the product being used. The information, rating, and opinions stated here pertain to the material cur- rently offered and represent the results of tests believed to be reliable. However, due to variations in customer handling and methods of application which are not known or under our control, The Sherwin- Williams Company cannot make any war- ranties as to the end result C� PALM SAP V IA CITY OF PALM SPRINGS CHANGE ORDER City Project No. 19-34 Passenger Boarding Bridges Bid Schedules A and Additive Bid Schedule A Change Order Number: One (1) Date: 04/27/2021 Contractor: John Bean Technologies Corporation CHANGE ORDER SUMMARY John Bean included value engineering options in their bid proposal for the City and airport to consider. City and airport staff evaluated the value engineering options and agreed to proceed with Cutler Hammer operators in lieu of the Allen Bradley operators as the Cutler Hammer operators will provide the same functionality with no loss in equipment quality. City and airport staff also agreed to utilize HMI screens in lieu of a hard button bridge operating system as the HMI screens will provide a user-friendly experience and will be much more effective during operation and maintenance of the passenger boarding bridges. The project specifications did not include provisions to modify existing walkway interior panels to match the new passenger boarding bridges. The change to install new interior wallboards will address the aesthetic deficiency in transitioning from the walkways to the new passenger boarding bridges. Spare parts were requested as part of the bid submission for the airport to evaluate as part of the project. City Council approved a funding allocation to acquire spare parts as part of the project through a change order. CHANGE ORDER COST BREAKDOWN QTY DESCRIPTION UNIT UNIT PRICE AMOUNT Value engineering option — Replace Allen Bradley 1 operators with Cutler Hammer operators for all 8 LS -$44,000.00 -$44,000.00 bridges. Value engineering option — Replace passenger 1 boarding bridge hard button operating layout with LS -$14,400.00 -$14,400.00 new HMI touchscreens for all 8 bridges. Install new interior wallboards to the walkways for 1 Gates 6, 7, 8, and 10 to match new passenger LS $34,717.00 $34,717.00 boarding bridge interiors. 1 Passenger boarding bridges spare parts. LS $65,691.72 $65,961.72 Total: $42,278.72 Page 1 of 2 CP 19-34 Passenger Boarding Bridges Contractor Change Order No. 01 April 27, 2021 CHANGES TO CONTRACT TIME: There will be zero (0) changes to contract time. SOURCE OF FUNDS: Funds are available through Account #416-6601-56211. Summary of Costs: Original Contract Amount: $7,042,94�00 Original Completion: 290 Work Days This Change Order: $42,278.72 Days Added: 0 Work Days Previous Change Orders: $0.00 Previous Days Added: 0 Work Days Revised Contract Amount: $7,085,222.72 Revised Completion: 290 Work Days Approved By: City of Palm Springs Recommended By: I/ _ 5/11/21 John IWan Technologies Corporation, Inc. Date Jeff Wheeler, Site Controller Lz& Zwl -!�/J �12- Ulises Aguirre, txecutive Director PSP Date J I Montalvo, City Engineer Date Approved By: / WT64-40ifton, City Date Attest By: ony J,Mlia, Distribution: fe Original Conformed Copy: Conformed Electronic File Copy: Contractor (1) Project Correspondence File Engineering Pay File (1) Sr. Inspector APPROVED AS TO FORM n,.w)-z ITY ORNEY Page 2 of 2 APPROM BY tXTY ooumCt CITY OF PALM SPRINGS CHANGE ORDER City Project No. 19-34 Passenger Boarding Bridges Bid Schedules A and Additive Bid Schedule A Change Order Number: One (1) Date: 04/27/2021 Contractor: John Bean Technologies Corporation CHANGE ORDER SUMMARY John Bean included value engineering options in their bid proposal for the City and airport to consider. City and airport staff evaluated the value engineering options and agreed to proceed with Cutler Hammer operators in lieu of the Allen Bradley operators as the Cutler Hammer operators will provide the same functionality with no loss in equipment quality. City and airport staff also agreed to utilize HMI screens in lieu of a hard button bridge operating system as the HMI screens will provide a user-friendly experience and will be much more effective during operation and maintenance of the passenger boarding bridges. The project specifications did not include provisions to modify existing walkway interior panels to match the new passenger boarding bridges. The change to install new interior wallboards will address the aesthetic deficiency in transitioning from the walkways to the new passenger boarding bridges. Spare parts were requested as part of the bid submission for the airport to evaluate as part of the project. City Council approved a funding allocation to acquire spare parts as part of the project through a change order. CHANGE ORDER COST BREAKDOWN QTY DESCRIPTION UNIT UNIT PRICE AMOUNT Value engineering option — Replace Allen Bradley 1 operators with Cutler Hammer operators for all 8 LS -$44,000.00 -$44,000.00 brid es. Value engineering option — Replace passenger 1 boarding bridge hard button operating layout with LS -$14,400.00 -$14,400.00 new HMI touchscreens for all 8 bridges. Install new interior wallboards to the walkways for 1 Gates 6, 7, 8, and 10 to match new passenger LS $34,717.00 $34,717.00 boarding brid a interiors. 1 Passenger boarding bridges spare parts. LS $65,691.72 1 $65,961.72 Total: $42,278.72 Page 1 of 2 CP 19-34 Passenger Boarding Bridges Contractor Change Order No. 01 April 27, 2021 CHANGES TO CONTRACT TIME: There will be zero (0) changes to contract time. SOURCE OF FUNDS: Funds are available through Account #416-6601-56211. Summary of Costs: Original Contract Amount: $7,042,9 .00 Original Completion: 290 Work Days This Change Order: $42,278.72 Days Added: 0 Work Days Previous Change Orders: $0.00 Previous Days Added: 0 Work Days Revised Contract Amount: $7,085, $.72 Revised Completion: 290 Work Days Contractor Approved By: City of Palm Springs Recommended By: 5/11 /21 John BecYn Technologies Corporation, Inc. Date Jeff Wheeler, Site Controller Ulises Aguirre-,l=-xecutive Director PSP Date Joel Montalvo, City Engineer Date Approved By: Nvli7ihClifton, City Attest By: Antony J. ftia, Distribution: J Original Conformed Copy: Contractor (1) Engineering Pay File (1) nager 1q/8 Date Conformed Electronic File Copy: Project Correspondence File Sr. Inspector APPROVED AS TO FORM APPROVED BY CRY COUNCIL /o „?� CITY ATT0fNEY Page 2 of 2 - 1 AGREEMENT (CONSTRUCTION CONTRACT) THIS AGREEMENT made this ZZalay of , 202,9 by and between the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and John Bean Technologies Corporation, a Delaware corporation hereinafter designated as the Contractor. The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 —THE WORK For and in consideration of the payments and agreements to be made and performed by' City, Contractor agrees to furnish all materials and perform all work required to complete the Work as specified in the Contract Documents, and as generally indicated under the Bid Schedule(s)for the Project entitled: AIRPORT PASSENGER BOARDING BRIDGES CITY PROJECT NO. 19-34 (RE-BID) The Work comprises of removal, disposal and installation of eight (8) new passenger boarding bridges, new pre-conditioned air (PCA) units, new 400 Hz Ground Power Units (GPU),new potable water cabinets (PWC), shutdown coordination, and other items of work not mentioned above, as required by the plans and specifications, and completed in place. • ARTICLE 2—COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City,, and the Work shall be fully completed within the time specified in the Notice to Proceed. The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications, as modified herein. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum specified in Section 6-9 of the Special Provisions for each calendar day that expires after the time specified in Article 2, herein. In executing the Agreement, the Contractor acknowledges it has reviewed the provisions of the Standard Specifications, as modified herein, related to liquidated AIRPORT PASSENGER BOARDING BRIDGES RE-BID AGREEMENT FORM CITY PROJECT NO. 19-34 AGREEMENT AND BONDS PAGE 1 JULY 2020 damages, and has made itself aware of the actual loss incurred by the City due to the inability to complete the Work within the time specified in the Notice to Proceed. The parties intend for the Liquidated Damages set forth herein to constitute liquidated damages as such term is used in California Government Code Section 53069.85 to the extent said statute may apply, and to constitute stipulated damages to the extent that said statute is not applicable. Contractor acknowledges and agrees that the Liquidated Damages are intended to compensate the City solely for Contractor's failure to meet the deadlines for completion set forth in the Contract Documents and shall not excuse Contractor from liability from any other breach of Contract requirements, including any failure of the work to conform to applicable requirements. Termination Prior to Expiration of Term. City may terminate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Contractor written notice, pursuant to Section 6-8 of the Special Provisions. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon such notice, City shall pay Contractor for Services performed through the date of termination in accordance with the Contract Documents. Upon receipt of such notice, Contractor shall immediately cease all work under this Agreement, unless stated otherwise in the notice or by written authorization of the Contract Officer. After such notice, Contractor shall have no further claims against the City under this Agreement. Upon termination of the Agreement under this section, Contractor shall submit to the City an invoice for work and services performed prior to the date of termination. ARTICLE 3—CONTRACT PRICE The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid Proposal and Bid Schedule(s), and any duly authorized Construction Contract Change Orders approved by the City. The amount of the initial contract award in accordance with the Contractor's Bid Proposal is Seven Million Forty Two Thousand Nine Hundred Forty Five Dollars and No Cents ($7,042,945.00). Contractor agrees to receive and accept the prices set forth herein, as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the Work during its progress or prior to its acceptance including those for well and faithfully completing the Work and the whole thereof in the manner and time specified in the Contract Documents; and, also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the AIRPORT PASSENGER BOARDING BRIDGES RE-BID AGREEMENT FORM CITY PROJECT NO. 19-34 AGREEMENT AND BONDS-PAGE 2 JULY 2020 I Work, suspension of discontinuance of the Work, and all other unknowns or risks of any description connected with the Work. ARTICLE 4—THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of Subcontractors, Non-Discrimination Certification, Non-Collusion Declaration, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda issued during bidding. (if any), and all Construction Contract Change Orders and. Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. ARTICLE 5— MUTUAL OBLIGATIONS For and in consideration of the payments and agreements to be made and performed by the City, the Contractor agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents. City hereby agrees to employ, and does hereby employ, Contractor to provide the materials, complete the Work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the Contract Price herein identified, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents. Contractor specifically acknowledges and agrees to be bound by the Wage Rates and Labor Code requirements specified in the Contract Documents, including the requirement to furnish electronic certified payroll records directly to the Labor Commissioner (via the Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California. ARTICLE 6— PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the City Engineer as provided in the Contract Documents. ARTICLE 7— NOTICES Whenever any provision of the Contract Documents requires the giving of a written Notice between the parties, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is AIRPORT PASSENGER BOARDING BRIDGES RE-BID AGREEMENT FORM CITY PROJECT NO. 19-34 AGREEMENT AND BONDS PAGE 3 JULY 2020 intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice. ARTICLE 8—INDEMNIFICATION The Contractor agrees to indemnify defend and hold harmless the City, and all of its officers and agents from any claims, demands, or causes of action and damages, including related expenses, attorney's fees, and costs, based on, arising out of, or in any way related to the Work undertaken by the Contractor or by any subcontractor or anyone directly or indirectly employed by the Contractor or any other employee or person employed or engaged on or about of in connection with, the construction. This Article 8 incorporates the provisions of Section 7-15"Indemnification," of the Special Provisions, which are hereby referenced and made a part hereof. Prevailing Wages. Contractor agrees to fully comply with all.applicable federal and state labor laws including, without limitation California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq. ("Prevailing Wage Laws"). Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. ARTICLE 9— NON-DISCRIMINATION In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability,or medical condition (each a "prohibited basis"). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis.As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. AIRPORT PASSENGER BOARDING BRIDGES RE-BID AGREEMENT FORM CITY PROJECT NO. 19-34 AGREEMENT AND BONDS-PAGE 4 JULY 2020 ARTICLE 10— MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents. ARTICLE 11 —CONFLICT OF INTEREST Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement." SIGNATURES ON NEXT PAGE AIRPORT PASSENGER BOARDING BRIDGES RE-BID AGREEMENT FORM CITY PROJECT NO. 19-34 AGREEMENT AND BONDS-PAGE 5 JULY 2020 IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written. CITY OF PALM SPRINGS, APPROVED BY THE CITY COUNCIL:. CALIFORNIA Date tfY- 72O Ili, 73 David H. Ready City Manager Agreement No. Ag ATTEST: APPROVED E', :'.OUNOII, By .t: - �� I�[� 5D 10- , WAntho , C e APPROVED AS TO FORM: ByC-___72/7/� � JeffreyS.-Ballinger, City Attorney RECOMMENDED: By 04, Joel Montalvo, MPA, P.E. City Engineer AIRPORT PASSENGER BOARDING BRIDGES RE-BID AGREEMENT FORM CITY PROJECT NO. 19-34 AGREEMENT AND BONDS-PAGE 6 JULY 2020 CONTRACTOR By: John Bean Technologies Corporation Firm/Company Name • By: By: Signature(notarized) Signa (notarized) Name: Brian A. Deck Name: James L. Marvin Title: President Title: Assistant Secretary 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. (This Agreement must be signed in the above (This Agreement must be signed in the above space space by one having .authority to bind the by one having authority to bind the Contractor to the Contractor%kin to the terms of the Agreement.) terms of the Agreement.) State of I S ) State of `\'I f 1�I S ) Coun of00 K� )ss County of 0.OOk� )ss On Count nr1W-r 14,-ct)O On abvimbrui Ili tb before me, tA0.V\ TA -0.A) I(11 before me, N1QVV0. (UVULA lCI\1^ • personally appeared.YIan A .�e personally appeared Ch(Y1Qg L. Mani If\ who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and subscribed to the within instrument and acknowledged to me that he/she/they executed the acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s)on the instrument that by his/her/their signatures(s)on the instrument the person(s),or the entity upon behalf of which the the person(s),or the entity upon behalf of which the person(s)acted, executed the instrument. person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the I certify under PENALTY OF PERJURY under the laws of the State of California that the.foregoing laws of the State of California that the foregoing paragraph is true and correct. paragraph is true and correct. WITNESS my hand an official seal. WITNESS my hand a official se I. Notary Signature: Q C.t,t/t Notary Signaturey a,4/ Notary Seal: Notary Seal: Official Seal Maria Parravicini Official Seal Notary Public State of Illinois Maria Parravicini My Commission Expires 02/08/2024 Notary Public State of Illinois My Commission Expires 02/08/2024 • AIRPORT PASSENGER BOARDING BRIDGES RE-BID AGREEMENT FORM CITY PROJECT NO. 19-34 AGREEMENT AND BONDS—PAGE 7 JULY 2020