HomeMy WebLinkAboutA8646 - Change Order #1 - Torres Sanitation Systems ConstructionCK WI tI'M,TO W.-NMARAETO1A
2 Originals: Contract Change Order No. 1
Contract
Company Name: Torres Sanitation Systems Construction
Company Contact: Alexandro Torres
Summary of Services: CP 20-20, 2020 Sewer Collectio in Repairs
Contract Price: $167,288.25 (including this CC for $2,860.2
Funding Source: 420-6800-57050
Contract Term: To be determined by the Notice to Proceed
Contract Administration
Lead Department:
Contract Administrator:
Development Services — Engineering Division
Joel Montalvo/Donn Uyeno
Contract Approvals
Council Approval: December 10, 2020, Item 5.E.
Contract Change Order # 1: TBD
Agreement Number: A8646
Contract Compliance
Exhibits: On file
Signatures: Attached
Insurance: On file
Bonds: On file
Contract Prepared By: Engineering Division
Submitted on: 03/16/2021 By: Vonda Teed yVr�
O� PAIM sA4'y
A.
- CITY OF PALM SPRINGS
CONTRACT CHANGE ORDER
C'�l /FORN�P
To: Torres Sanitation Systems Construction Date: March 1, 2020
9617 Otis Street City Project No.: 20-20
South Gate, CA 90280 Project: 2020 Collection System Repairs
Change Order No.: 1 (one)
Purchase Order: 21-0699
Attn: Alexandro Torres Account No.: 420-6800-57050
This Contract Change Order No. 1 (CC01) provides for the cost of additional time, material and equipment due
to an unmarked SCE utility line encased in concrete that was built over the existing sewer line.
Change Order 1:
Additional time, material and equipment due to an unmarked SCE utility line encased in concrete that was built
over the existing sewer line at Cahuilla Rd and Tahquitz Canyon Way.
Total Change Order Amount:
Reasons for Changes:
$2,860.25
Torres Sanitation has requested a change order due to the unforeseen conditions encountered in the field with
a 2-ft concrete encasement around an unmarked SCE line that was built on top of the City's sewer line. The
conflict was brought to the attention of the inspector, who reviewed and approved this additional work because
this was the only way to get to the damaged sewer pipe that needed to be replaced. The Contractor spent
considerable time chipping away at the 2-ft of concrete just to get down to the sewer pipe in need of repair.
Changes to Contract Time:
None.
Source of Funds:
Wastewater Fund (Fund 420). Construction contingencies for the project account no. 420-680-57050 is
sufficient to the cover the cost of CCO1.
Summary of Costs:
Original Contract Amount: $164,428.00 Start Date: 02-01-21
Previous Change Order Amount: $0.00 Previous Days Added: 0
This Change Order Amount: $2,860.25 Days Added: 0
Revised Contract Amount: $167,288.25 Revised Completion: 06-08-21
CP 20-20 202 Collection System Repairs
Contract Change Order No. 1
March 1, 2020
Page 2
I have received a copy of this Change Order and thg above AGREED PRICES are acceptable to Contractor
Torres Sanitation Systems ✓��(!�/ � _ � _ 2
Construction -�
Signature Date
Alexander Torres, Owner
City of Palm Sorinas
Recommended By:
Donn Uyeno, Project ager Date
Recommended By:
oe ntalvo, City Engineer Date
Approved By: (A 0
2�?
Aa . Ready, City Manager Date
Attest By: � �� oLf 16, lzoz I
Ant ny Mejia, City Clerk Date
Approved as to Form: •- --, V., " 202
ffre Ballinge , City Attorney Date
Distribution:
Original Conformed Copy:
Contractor (1)
City Clerk (1)
Conformed — File Co
Engineering Pay File (1)
City Project File (1)
Purchasing (1)
Finance (1)
APPROVED BY MY COUNCIL
AGREEMENT
(CONSTRUCTION CONTRACT)
THIS AGREEMENT made this day of *'-A 20_1-1, by and between the City
of Palm Springs, a charter city, organized and exis ng in the County of Riverside, under
and by virtue of the laws of the State of California, hereinafter designated as the City, and
Torres Sanitation Systems Construction, hereinafter designated as the Contractor.
The City and the Contractor, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
ARTICLE 1 o 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:
2020 SEWER COLLECTION SYSTEM REPAIRS
CITY PROJECT NO.20-20
The Work comprises of the rehabilitation by way of point repairs of twelve (12) sewer line
segments of eight -inch (8") sewer main (manhole to manhole), for a total of seventeen (17)
short length repairs using open cut methods as detailed within the contract documents.
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
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.
2020 SEWER COLLECTION SYSTEM REPAIRS
CITY PROJECT NO.20-20 AGREEMENT FORM
OCTOBER 2020 AGREEMENT AND BONDS - PAGE 1
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 $164,428.00.
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
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, Local Business Preference Program — Good Faith Efforts, 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.
2020 SEWER COLLECTION SYSTEM REPAIRS
CITY PROJECT NO 20-20 AGREEMENT FORM
OCTOBER 2020 AGREEMENT AND BONDS - PAGE 2
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 fumish 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.
ARTICLES —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
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 and hold harmless the City, and all of its officers and
agents from any claims, demands, or causes of action, 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 hereunder. 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 Califomia 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,
2020 SEWER COLLECTION SYSTEM REPAIRS
CITY PROJECT NO.20.20 AGREEMENT FORM
OCTOBER 2020 AGREEMENT AND BONDS PAGE 3
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.
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.
SIGNATURES ON NEXT PAGE
2020 SEWER COLLECTION SYSTEM REPAIRS
CITY PROJECT NO.20-20 AGREEMENT FORM
OCTOBER 2020 AGREEMENT AND BONDS PAGE 4
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,
CALIFORNIA
BY
David H. Ready
City Manager
ATTEST:
a
APPROVED AS TO FORM:
ere . 13a I I in g-'6r,
City Attorney
RECOMMENDED:
By
Joel Montalvo, P.E.
City Engineer
APPROVED BY THE CITY COUNCIL:
Date 1 Z" i LZ O
Agreement No. b�
APPROVED BY MY COUNCIL
i I2_121t0
2020 SEWER COLLECTION SYSTEM REPAIRS
CITY PROJECT NO.20.20 AGREEMENT FORM
OCTOBER 2020 AGREEMENT AND BONDS - PAGE 5
CONTRACTOR
By: -T rYe. S S an l�nV on S �j s�cw1S C a15NcucA-ko h .
T—
Firm/Company Name
By:
_ L:S�
Signature (notarized)
Name: V-V�Y-Co v-o
By:
Signature (notarized)
Name:
Title: 0Q0 \^. Y Title:
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
space by one having authority to bind the
Contractor to the terms of the Agreement)
State of
County,
before me, SS If NMU rObli(
personally appeared AlfwAl3cl rn n i
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and
that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
(This Agreement must be signed in the above space
by one having authority to bind the Contractor to the
terms of the Agreement)
State of 1
County of
On
before me,
personally appeared
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed the
same in his/herttheir authorized capacity(ies), and
that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the
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 and offi Ial seal. WITNESS my hand and official seal.
i' IT y
Notary Signature: Notary Signature:
Notary Seal: TV Notary Seal:
ronneininsmunnismom1 —
I�OSq� •OO�IIMY�
u/i/lu II/1/ ICLOMM
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2020 SEWER COLLECTION SYSTEM REPAIRS
CITY PROJECT NO.20-20
OCTOBER 2020 AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 6