HomeMy WebLinkAboutA8947 - TUNNELWORKS SERVICES, INC.A8947
2 Originals: Contract Change Order No. 1
II Contract
CONTRACT ABSTRACT
Company Name:
Tunnelworks Services, Inc.
Company Contact:
Jeff Rubio, Vice President
Summary of Services:
CP 21-18, 2021 Sewer Collection System Repairs
Contract Price:
$514,172 (including this CCOt 1 for-$646.00)
Funding Source:
4207500-80000
Contract Term:
To be determined by the Notice to Proceed
Contract Administration
Lead Department: Development Services - Engineering Division
Contract Administrator: Joel Montalvo. Andrew Crider
Contract Approvals
Council Approval Date:
Agenda Item No.:
Contract Change Order No. 1:
Agreement Number:
I Contract Compliance
September 9, 2021
Item I.Y.
TBD
A8947
Exhibits:
On file
Signatures:
Attached
Insurance:
On file
Bonds:
On file
Contract prepared by: Engineering Division
Submitted on: 01;`2612022
By: Vonda Teed Vir
January12, 2022
To: Tunneiworks Services, Inc.
13502H Whittier Blvd. Suite 165
Whittier, CA 90605
Attn: Jeff Rubio
CHANGES IN WORK:
CITY OF PALM SPRINGS
CONTRACT CHANGE ORDER
Project No:
21-18
Project: 2021 Collection System Repairs Project
Change Order No:
01 (One)
Agreement No.:
A8947
Purchase Order:
22000643
This is a final, balancing, change order reflecting final contract quantities following suspension of remaining
contract work. This change order is inclusive of all project quantities including full payment of remaining
mobilization on bid schedules A as agreed compensation lieu of unit cost escalation due to shortfall of
construction quantities. No further payment will be made.
Bid Schedule
Item
Description
Quantity
Ad'ustment
Unit Price
Amount
12
Sewer Lining — Avenida Palos Verdes
-17)
$38.00
-$646.00
easement D07107-DO7131 8-inch
SUMMARY OF COSTS:
Original Contract Amount: $ 514,818.00
This Change Order: $ (-646.00)
Previous Change Order(s): $ 0.00
Revised Contract Amount: $ 514,172.00
Contract Change Order No. 01
CP 21-18
Page 2
I have received a copy of this Change Order and the above AGREED P ICES are acceptable to Contractor
Tunnelworks Services, Inc.
ignat/ure Date
Printed Name and Title
City of Palm Snrinas
Recommended By: �z
Joel Montalvo, City Engineer
Attest By: 1 <�w
pr Anthony Mejia, City Clerk
Distribution:
Original Conformed Cow: Conformed -File Cor)
Contractor (1) Engineering Pay File (1)
City Clerk (1) City Proiect File (1}
Purchasinq {1)
Finance (1 }
Date
-2-2-202)-
Date
AGREEMENT
(CONSTRUCTION CONTRACT)
THIS AGREEMENT made this T' day of pfn be-r 2021, 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 Tunnelworks Services, Inc. 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:
2021 SEWER COLLECTION SYSTEM REPAIRS
CITY PROJECT NO. 21-18
The items of work shall include but are not limited to: materials, labor, tools, equipment,
apparatus, facilities, transportation, incidentals necessary to furnish, all implied requirements,
and all appurtenant work as required to rehabilitate main line sewer segments by way of
multiple methods: remove and replace point repairs of ten (10) sewer line segments,
sixteen (16) Cured -In -Place Pipe (CIPP) Lining sewer segments (manhole to manhole),
and four (4) combination repairs of point repair/CIPP spot repair and CIPP lining for a total
of thirty (30) sewer line segment rehabilitations 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. The parties 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. This
2021 SEWER COLLECTION SYSTEM REPAIRS AGREEMENT FORM
CITY PROJECT NO. 21-18 AGREEMENT AND BONDS - PAGE 1
JUNE 2021
Section does not exclude recovery of other damages specified in the Contract Documents.
Liquidated damages may be deducted from progress payments due Contractor, Project
retention or may be collected directly from Contractor, or from Contractor's surety. These
provisions for liquidated damages shall not prevent the City, in case of Contractor's
default, from terminating the Contractor.
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 $514,818.00.
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.
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.
2021 SEWER COLLECTION SYSTEM REPAIRS AGREEMENT FORM
CITY PROJECT NO. 21-18 AGREEMENT AND BONDS - PAGE 2
JUNE 2021
ARTICLE 10 -- 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 (1) 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.
ARTICLE 11--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 12 -- 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.
Each and every provision of law required to be included in these Contract Documents shall
be deemed to be included in these Contract Documents. The Contractor shall comply with
all requirements of applicable federal, state and local laws, rules and regulations, including,
but not limited to, the provisions of the California Labor Code and California Public Contract
Code which are applicable to this Work.
2021 SEWER COLLECTION SYSTEM REPAIRS AGREEMENT FORM
CITY PROJECT NO. 21-18 AGREEMENT AND BONDS - PAGE 4
JUNE 2021
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
Justin Cli n
City Manager
IIn
APPROVED AS TO FORM:
c
By
Jeifr4y S. Aallinger
City Attorney
RECOMMENDED:
By
Joel Montalvo, P.E.
City Engineer
APPROVED BY THE CITY COUNCIL:
Date I—q
Agreement No. B1 G 7
2021 SEWER COLLECTION SYSTEM REPAIRS AGREEMENT FORM
CITY PROJECT NO. 21-18 AGREEMENT AND BONDS - PAGE 5
JUNE 2021
CONTRACTOR
By: �'"-
Firm/Com ny Name
By: By:
e notarized) Signature (notarized)
Name: ���/ S� N,
Title: �' i� rl� Ti
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 of )ss
On -`
before me, 'Al
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/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.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Notary Signature:
Notary Seal:
(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 of )ss
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/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.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Notary Signature:
Notary Seal:
2021 SEWER COLLECTION SYSTEM REPAIRS AGREEMENT FORM
CITY PROJECT NO. 21-18 AGREEMENT AND BONDS - PAGE 6
JUNE 2021
ACKNOWLEDGMENT
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 of L U 5 1�7 �f�' /e') )
On *kpj�l 2y, � I before me, &,4I j-.
ii-- (in rt name and title oft the officer
personally appeared �� 11 ti� 'JI 0
who proved to me on the basis of sa W actory evidence to be the persor4swhose names a() is�are
subscribed to the within instrument and acknowledged to me that he/§h0-/may executed the same in
his/tW/tKe'ir authorized capacity), and that by his/W/ti"ieir signature(Etyon the instrument the
personal, or the entity upon behalf of which the persons sj acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. CATHYI GUZMAN
sf Notary Public - California
Los Angeles County
Commission # 22413
53
My Comm. Expires May 7, 2M
Signature (Seal)