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A7275 - WESTERN SURETY COMPANY
?,0 -b, Recording Requested By: City of Palm Springs When Recorded Mail To: Name Anthony J. Mejia, City Clerk Street Address 3200 E. Tahquitz Canyon Way City & State Palm Springs, CA 92262 NOTICE IS HEREBY GIVEN THAT: 2020-0345339 07/31/2020 03:29 PM Fee: $ 0.00 Page 1 of 2 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder SPACE ABOVE THIS LINE FOR RECORDERS USE NOTICE OF COMPLETION (CA Civil Code §§ 8180-8190, 8100-8118, 9200-9208) The undersigned is an owner of an interest of estate in the hereinafter described real property, the nature of which interest or estate is: Fee (e.g. fee, leasehold, joint tenancy, etc.) 2. The full name and address of the undersigned owner or reputed owner and of all co -owners or reputed co -owners are: Name Street and No. City State City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 3, The name and address of the direct contractor for the work of improvement as a whole is: Western Surety Company, 101 S. Reid St. Sioux Falls, SD 97103 4. This notice is given for (check one): 0 Completion of the work of improvement as a whole. 11 Completion of a contract for a particular portion of the work of improvement (per CA Civ. Code § 8186). 5. If this notice is given only of completion of a contract for a particular portion of the work of improvement (as provided in CA Civ. Code § 8186), the name and address of the direct contractor under that contract is: Not Applicable 6. The name and address of the construction lender, if any, is: Not Applicable 7. On the 23rd day of July 20 20 , there was completed upon the herein described property a work of improvement as a whole (or a particular portion of the work of improvement as provided in CA Civ. Code § 8186) a general description of the work provided: Police Department Remodel, City Project 15-05 8. The real property herein referred to is situated in the City of Palm Springs County of Riverside State of California, and is described as follows: Palm Springs Police Department 9. The street address of said property is: 200 S. Civic Drive, Palm Springs, CA 92263 10, If this Notice of Completion is signed by the owner's successor in interest, the name and address of the successor's transferor is: Not applicable I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. / Date: - zoo -Zo" By. Signature of Owner or Owner's Authorized Agent Joel Montalvo/City Engineer City of Palm Springs Pagel of 2 VERIFICATION I, Joel Montalvo , state: I am the City Engineer _ ("Owner", "President", "Authorized Agent", "Partner", etc.) of the Owner identified in the foregoing Notice of Completion. I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on / ZI ` Zd Lo (date), at Palm Springs (City), CA (State). Signature of Owner or Owner's Authorized Agen Joel MontalvolCity Engineer City of Palm Springs 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. o JOHN PAUL MAIER Notary Public - California s San Luis Obispo County i Commission # 2165677 My Comm. Expires Sep 24, 2020 STATE OF CALIFO NIA COUNTY OF � ,tjr51 On ` ,AVk 2g , 20,Z0 (date), before me, n !tii G r Notary Public (name and title of officer) personally appeared ,� Qe QA+A0- u0 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 signature(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 PURJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Page 2 of 2 Signature CONTRACT ABSTRACT 2 Originals: Contract Change Orders No. 24T—No.27T Contract Company Name: Western Surety Company Company Contact: Richard Tropp (Benchmark Consulting Services) Summary of Services:, CP# 15-05, Police Department Remodel (Takeover) Contract Price: $686,390.09 (includes CCO #24T-#27T totaling $55,432.55) Funding Source: 261-1395-59444 Contract Term: 244 Calendar Days Contract Administration Lead Department: Engineering Services Contract Administrator: Marcus Fuller/Joel Montalvo Contract Anorovals Council Approval: April 17, 2019 Change Order#23T: November 6, 2019 Change Order#24T- #27T: TBD Agreement Number: A7275 Contract Compliance Exhibits: Attached Signatures: Attached Insurance: On file Bonds: N/A Contract Prepared By: Engineering Services Submitted on: 04/13/2020 By: Vonda Teed IAn 1 I 1 Qpiiqy. . 10 CITY OF PALM SPRINGS CONTRACT CHANGE ORDER CqS/FOA w To: Western Surety Company Date: 11-15-19 151 North Franklin Street, 171 Floor Project No:CP 15-05- Chicago, II 60606 Project: Palm Springs Police 951) 788-0703 Dept. Remodel Rebid Change Order No: 24T Attn: Richard Tropp (Benchmark Consulting Services, LLC). CHANGES IN CONTRACT: 1. Perform additional metal framing for fire extinguisher cabinet openings per RFI #11 in Project 400 reduced). 2. Perform additional metal framing for Project 300 Detective's Bureau soffit per RFI #28 revised Detail 3/A4.1. 3. Perform additional metal framing for Project 400 Men's &Women's Locker Room benches per RFI 9R1. 4. Perform additional metal framing for ceiling framing in the showers of Project 400 to accept new recessed lighting per RFI #49. 5. Perform additional metal framing for installation of doorjamb and drywall at the main entrance to the Men's Locker Room per RFI #29 & SKA-029. 6. Perform additional metal framing for the Project 200 report Writing Room per RFI #104. CHANGES IN COST:Total Net Change Order Amount: $16,683.00 REASONS FOR CHANGE: BFI's submitted identified errors in the specifications and plans, field conditions upon completion of demolition exposed areas which required additional work. CHANGES TO CONTRACT TIME: No days will be added to the contract for the work indicated herein. SOURCE OF FUNDS: 261-1395-59444 Contract Change Order No. 24T DATE: 11-15-19 Page 2 SUMMARY OF COSTS: Council Approved Amount: $3,381,830.00 Original Completion Date: 184 Calendar Day Previous Change Orders 1,003,213.98 Previous Days Added 0 This Change Order: 16,683.00 Days Added 0 Revised Contract Amount: $4,401,726.98 Revised Completion 11-1-19 SIGNATURES ON-NEXT PAGE] Contract Change Order No. 24T DATE: 11-15-19 Page 3 I have received a copy of this Change Order and the above AGREED PRICES are acceptable to Western Suretv Comaanv 11/25/19 Signature Date Richard Tropp, Authorized Representative i Printed Name and Title City of Palm Springs Recommended Bv: Jo tj Putrino/Senior Public Works Date I pector, Willdan,Engineering Recommended Bv: l I Marcus Fuller, Assistant City Manager/ Date City Engineer Approved Bv: 3e ZZ Davi ity Manager Da e I Attest Bv: oy ZZ 'zo j A ony Mejia,rity CI rk Date Distribution: Original Conformed Copy: Conformed - File Copy: ppaoveosycnvcouNc Contractor 1) Engineering Pay File (1)121 b \ 'A City Clerk 1) Project City File 1) Purchasing 1) Finance 1) i FW KEMP BROS Change Order Re uest CONSTRUCTION- Project: City of Palm Springs-Police Department Remodel COR: 10-T KBCI No.:39001 Date: 11 7 19 Description: Re-frame(3)fire extinguisher cabinets in accordance with RFI 011 response.Soffit framing at Men's Locker Room in accordance with RFI 028 response.Framing for restroom,benches in accordance with RFI 09A. Modify ceiling at showers in accordance with RFI 49.Doorjamb framing at Men's Locker Room in accordance with RFI 029.Remove and reinstall drywall to install backing to support added casework in accordance with RFI 104: Exclusions: Subcontractor: See attached Sub Cost Proposal) AMOUNT Rutherford CDR#003 with adjustment 533 Rutherford CDR#OOS 7,326 Rutherford COR#006 778 Rutherford CDR#00711. 697 Rutherford CDR#008 585 Rutherford CDR#013 912 i/79-L /5 73 f " OHP S% $ 787 Direct Labor Costs: NAME HOURS RATE AMOUNT Project Manager ,122 $ Superintendent 107 $ Project Engineer 96 $ BIM/Project Documentation 78 $ OHP 18% $ Direct Materials, Equipment&Other Costs: ITEM CITY UNIT •RATE AMOUNT OHP 10% $ Cost Recap: AMOUNT Direct Labor,Materials,Equipment&Other Costs Work Performed by Subcontractor(s) S ! Bond 1% $ 165 TOTAL COR VALUE: $ d6;684" 2107 Crystal Street 1026 Maine Ave., Ir— i p Los Angeles, CA 90039 Clovis,CA 93619 RU p WERF®RDCO? F: 323.665.0328 F: 559900.4145 License #399033 License;9399033 Change Order Document TO: Hal Hays Construction DATE: 1/11/2018 ATTN:Tifani Barnes JOB#: 17-152 EMAIL: RCI COR#: 003R1 JOB NAME:Palm Springs Police Department G.C. TACKING#: DESCRIPTION OF WORK: Change order for framing of 4 fire extinguisher cabinet openings in P400, Per RFI #011. BREAKDOWN: HR. RATE QTY. UNIT AMOUNT COMMENTS LABOR Regular 75.77 7 HRS 530.39 Overtime 103.28 0 HRS DGubletime 130.79 0 HRS 0 HRS 0 HRS 0 HRS MATERIAL 80.00 + Tax 9.5m $ 87.60 EQUIPMENT Rolling Units 50.00 0 Day 0.00 0 Day 0.00 0 Day SCAFFOLD 0.00 0 Day SUBSIMISC. FREIGHTIDELIVERY 250.00 0 LS 0.00 0 LS 0.00 0 LS COR Sub Total: 617.99 15.0% O&P 92.70 0.00% Bond COR TOTAL: 71 t- $533 QUALIFICATIONS 1.ADDITIONAL TIME MAYBE REQUIRED ON THE PROJECT SCHEDULE FOR THE WORK DESCRIBED ABOVE 2.ALL GASIELECTRIC EQUIPMENT USED FOR THIS CDR WILL BE CHARGED ATA 1-DAY MINIMUM RENTAL THIS PROPOSAL IS FOR THE DESCRIBED WORK ONLY.PRICING IS BASED ON THE CURRENT PROJECT STATUS.RUTHERFORD IS ENTITLED TO COMPENSATION FOR ADDITIONAL COSTS IF THE PROJECT STATUS CHANGES BEFORE APPROVAL FURTHERMORE,THE STATED PRICE DOES NOT INCLUDE ANYAMOUNT FOR COSTS RESULTING FROM IMPACTS,WHETHER THE IMPACTS ARE CAUSED BY SCHEDULING,RESCHEDULING,OUT OF SEQUENCE OPERATIONS,TRADE CONGESTION,OTHER DISRUPTIONS, DELAYS OR ACCELERATION.RUTHERFORD EXPRESSLY RESERVES THE RIGHT TO COLLECT FULL OVERHEAD AND PROFIT FOR ANY OF SUCH IMPACTS.' Submitted By:Approved By: Sinai 1. Uebluavu Brian Liebman Tifani Bames Rutherford Co.,Inc. Hal Hays-Construction 2107 Crystal Street 1026 Maine Ave., 1pp ppq q p r Los Angeles, CA 90039 Clovis, CA 93619 RU 8 ERFOR®COz T: 323.666.5284 T: 559.900.4134 J F: 323.665.0328 F: 559.900.4145 License#399033 License #399033 Change Order Document TO: Hal Hays Construction DATE: 2l1I2018 ATTN:Tifani Barnes JOB#: 17-152 EMAIL: RCI COR#: 005 JOB NAME:Palm Springs Police Department G.C. TACKING #: DESCRIPTION OF WORK: Change order for added framing at P300 Men's Locker Room soffit framing 31A4.1, Per RFI #028. BREAKDOWN: HR.RATE QTY. UNIT AMOUNT COMMENTS LABOR Regular 75.77 68 HRS 5,152.36 Overtime 103.28, 0 HRS Doublelime 130.79 0 HRS 0 HRS 0 HRS 0 HRS MATERIAL 1,112.50 + Tax 9.50% $1.218.19 EQUIPMENT Rolling Units 50.00 0 Day 0.00 0 Day D.00 0 Day SCAFFOLD 0.00 0 Day SUBSIMISC. FREIGHTIDELIVERY 250.00 0 LS 0.00 0 LS 0.00 0 LS COR Sub Total: 6,370.55 15.0% O&P 955.58 0.00% Bond COR TOTAL: 7,326 QUALIFICATIONS 1.ADDITIONALTIME MAY BE REQUIRED ON THE PROJECT SCHEDULE FOR THE WORK DESCRIBED ABOVE 2.ALL GASIELECTRIC EQUIPMENT USED FOR THIS CDR WILL BE CHARGED AT A 1-DAY MINIMUM RENTAL THIS PROPOSAL IS FOR THE DESCRIBED WORK ONLY.PRICING IS BASED ON THE CURRENT PROJECT STATUS.RUTHERFORD IS ENTITLED TO COMPENSATION FOR ADDITIONAL COSTS IF THE PROJECT STATUS CHANGES BEFORE APPROVAL FURTHERMORE,THE STATED PRICE DOES NOT INCLUDE ANY AMOUNT FOR COSTS RESULTING FROM IMPACTS,WHETHER THE IMPACTS ARE CAUSED BY SCHEDULING,RESCHEDULING,OUT OF SEQUENCE OPERATIONS,TRADE CONGESTION,OTHER DISRUPTIONS, DELAYS OR ACCELERATION.RUTHERFORD EXPRESSLY RESERVES THE RIGHT TO COLLECT FULL OVERHEAD AND PROFIT FOR ANY OF SUCH IMPACTS' Submitted By:Approved By: FrUIv6 UebwitA. Brian Liebman Tifani Barnes Rutherford Co.,Inc. Hal Hays Construction 2107 Crystal Street 1026 Maine Ave., Los Angeles, CA 90039 Clovis, CA 93619 RU py HERFOR®CQz T:323.666.5284 T: 559.900.4134 IL F: 323.665.0328 F: 559.900.4145 h' License #399033 License r399033 Change Order Document TO: Hal Hays Construction DATE: 2/1/2018 ATTN:Tifani Barnes JOB #: 17-152 EMAIL: RCI COR#: 006 JOB NAME:Palm Springs Police Department G.C. TACKING #: DESCRIPTION OF WORK: Change order for framing at P340 Men's &Women's restroom benches 9/A2.11, Per RFI #009.1. BREAKDOWN: HR. RATE QTY. UNIT AMOUNT COMMENTS LABOR Regular 75.77 8 HRS 606.16 Overtime 103.28 0 HRS Doublelime 130.79 0 HRS 0 HRS 0 HRS 0 HRS MATERIAL 84.00 Tax 9.5o% $ 70.08 EQUIPMENT Rolling Units 50.00 0 Day 0.00 0 Day 0.00 0 Day SCAFFOLD 0.00 0 Day SUBS/MISC. FREIGHT/DELIVERY 250.00 0 LS 0.00 0 LS 0.00 0 LS COR Sub Total: 676.24 15.0% 0&P 101.44 0.00% Bond COR TOTAL: 77B QUALIFICATIONS 1.ADDITIONALTIME MAY BE REQUIRED ON THE PROJECT SCHEDULE FOR THE WORK DESCRIBED ABOVE 2.ALL GASIELECTRIC EQUIPMENT USED FOR THIS CDR WILL BE CHARGED ATA 1-DAY MINIMUM RENTAL THIS PROPOSAL IS FOR THE DESCRIBED WORK ONLY.PRICING IS BASED ON THE CURRENT PROJECT STATUS.RUTHERFORD IS ENTITLED TO COMPENSATION FOR ADDITIONAL COSTS IF THE PROJECT STATUS CHANGES BEFORE APPROVAL FURTHERMORE,THE STATED PRICE DOES NOT INCLUDE ANY AMOUNT FOR COSTS RESULTING FROM IMPACTS,WHETHER THE IMPACTS ARE CAUSED BY SCHEDULING,RESCHEDULING,OUT OF SEQUENCE OPERATIONS,TRADE CONGESTION,OTHER DISRUPTIONS, DELAYS OR ACCELERATION.RUTHERFORD EXPRESSLY RESERVES THE RIGHT TO COLLECT FULL OVERHEAD AND PROFIT FOR ANY OF SUCH IMPACTS' Submitted By:Approved By: gnaw "ClovIoV6 Brian Liebman Tifani Barnes Rutherford Co.,Inc. Hal Hays Construction 2107 Crystal Street 1026 Maine Ave., r{r pp®®4B Los Angeles, CA 90039 Clovis,CA 93619 pgl g p HERFORDCOz T:323.666.5284 T: 559.900.4134 F: 323.665.0328 F: 559.900.4145 License#399033 License#.399033 Change -Order Document TO: Hal Hays Construction DATE: 2/13/2018 ATTN: Karun Mani JOB#: 17-152 EMAIL: RCI COR#:007R JOB NAME:Palm Springs Police Department G.C. TACKING#: DESCRIPTION OF WORK: Change order for modifying ceiling framing in Showers to accept new recessed lighting, per RFI #49. BREAKDOWN: HR. RATE QTY. UNIT AMOUNT COMMENTS LABOR Regular 75.77 8 HRS 606.16 Overtime 103.28 0 HRS Doubletime 130.79 0 HRS 0 HRS 0 HRS 0 HRS MATERIAL 0.00 + Tax 9.50% $ EQUIPMENT Rolling Units 50.00 0 Day 0.00 0 Day 0.00 0 Day SCAFFOLD 0.00 0 Day SUBSIMISC. FREIGHTIDELIVERY 250.00 0 LS 0.00 D LS 0.00 0 LS COR Sub Total: 606.16 15.0% O&P 90.92 0.00% Bond COR TOTAL: 697 QUALIFICATIONS 1.ADDITIONALTIME MAY BE REQUIRED ON THE PROJECT SCHEDULE FOR THE WORK DESCRIBED ABOVE 2.ALL GASTELECTRIC EQUIPMENT USED FOR THIS CDR WILL BE CHARGED ATA 1-DAY MINIMUM RENTAL THIS PROPOSAL IS FOR THE DESCRIBED WORK ONLY.PRICING IS BASED ON THE CURRENT PROJECT STATUS.RUTHERFORD IS ENTITLED TO COMPENSATION FOR AUDITIONAL COSTS IF THE PROJECT STATUS CHANGES BEFORE APPROVAL FURTHERMORE,THE STATED PRICE DOES NOT INCLUDE ANY AMOUNT FOR COSTS RESULTING FROM IMPACTS,WHETHER THE IMPACTS ARE CAUSED BY SCHEDULING,RESCHEDULING,OUT OF SEQUENCE OPERATIONS,TRADE CONGESTION,OTHER DISRUPTIONS, DELAYS OR ACCELERATION.RUTHERFORD EXPRESSLY RESERVES THE RIGHT TO COLLECT FULL OVERHEAD AND PROFIT FOR ANY OF SUCH IMPACTS.' Submitted By:Approved By: grta ' La.ebvwavl. Brian Liebman Karun Mani Rutherford Co.,Inc. Hal Hays Construction Los A geles, Street 1026 Maine Ave., n gglg p pr Los Angeles, CA 90039 Clovis, CA 93619 I u1JTf3 I5RF®R®C0? F: 323.6650328 F: 559.900.4145J License#399033 License#399033 Change Order Document TO: Hal Hays Construction DATE: 2/13/2018 ATTN:Karun Mani JOB #: 17-152 EMAIL: RCI COR#: 008 JOB NAME:Palm Springs Police Department G.C. TACKING #: DESCRIPTION OF WORK: Change order to intstall jamb framing & drywall at door opening Men's Locker Room, per RFI#29 &SKA-029. BREAKDOWN: HR.RATE QTY. UNIT AMOUNT COMMENTS LABOR Regular 75.77 6 HRS 454.62 Overtime 103.28 0 ,HRS Doubletime 130.79 0 HRS 0 HRS 0 HRS 0 HRS MATERIAL 49.70 + Tax 9.50% $ 54.42 EQUIPMENT Rolling Units 50.00 0 Day 0.00 0 Day 0.00 0 Day SCAFFOLD 0.00 0 Day SUBSIMISC. FREIGHTIDELIVERY 250.00 0 LS 0.00 0 LS 0.00 0 LS COR Sub Total: 509.04 15.0% O&P 76.36 0.00% Bond COR TOTAL: 586 QUALIFICATIONS 1.ADDITIONAL TIME MAY BE REQUIRED ON THE PROJECT SCHEDULE FOR THE WORK DESCRIBED ABOVE 2.ALL GASIELECTRIC EQUIPMENT USED FOR THIS COR WILL BE CHARGED ATA 1-DAY MINIMUM RENTAL THIS PROPOSAL IS FOR THE DESCRIBED WORK ONLY.PRICING IS BASED ON THE CURRENT PROJECT STATUS.RUTHERFORD IS ENTITLED TO COMPENSATION FOR ADDITIONAL COSTS IF THE PROJECT STATUS CHANGES BEFORE APPROVAL.FURTHERMORE,THE STATED PRICE DOES NOT INCLUDE ANY AMOUNT FOR COSTS RESULTING FROM IMPACTS,WHETHER THE IMPACTS ARE CAUSED BY SCHEDULING,RESCHEDULING,OUT OF SEQUENCE OPERATIONS,TRADE CONGESTION,OTHER DISRUPTIONS, DELAYS OR ACCELERATION.RUTHERFORD EXPRESSLY RESERVES THE RIGHT TO COLLECT FULL OVERHEAD AND PROFIT FOR ANY OF SUCH IMPACTS.' Submitted By:Approved By: gr%aw L.iebmatn. Brian Liebman Karun Mani Rutherford Co.,Inc. Hal Hays Construction s 2107 Crystal Street 1026 Maine Ave., Los Angeles, CA 90039 Clovis, CA 93619 RUTHERFOR COF0 T:323.666.5284 T:559.900.4134 F: 323.665.0328 F:559.900.4145 License#399033 License#399033 Change Order Document TO: Hal Hays Construction DATE: 9/27/2018 ATTN: Karun Mani JOB#: 17-152 EMAIL: RCI COR#: 013 JOB NAME:Palm Springs Police Department G.C. TACKING#: DESCRIPTION OF WORK: Change order for extra work in Report Room area P200, per RFI#104. BREAKDOWN. HR.RATE QTY. UNIT AMOUNT COMMENTS LABOR Regular 75.77 58 HRS 4,394.66 Overtime 103.28 0 HRS Doubletime 130.79 0 HRS 0 HRS 0 HRS 0 HRS MATERIAL Y ' 373.96 + Tax 9.50% $ 409.49 EQUIPMENT Rolling Units 50.00 0 Day 0.00 0 Day 0.00 0 Day SCAFFOLD 0.00 0 Day SUBSIMISC. s FREIGHTIDELIVERY a ;=$250 00 `lI LS 2W00 a y $O OO re 01 LS 1 ' $000 s Oj LSFs CDR Sub Total: 5,054.15 15.0% 0&P 758.12 0.00% Bond COR TOTAL: 5,812 aYi., ..Tom',Esc . - i. .. w:. ..i QUALIFICATIONS 1.ADDITIONALTIME MAYBE REQUIRED ON THE PROJECT SCHEDULE FOR THE WORK DESCRIBED ABOVE 2.ALL GAS/ELECTRIC EQUIPMENT USED FOR THIS CDR WILL BE CHARGED ATA 1-DAY MINIMUM RENTAL THIS PROPOSAL IS FOR THE DESCRIBED WORK ONLY.PRICING IS BASED ON THE CURRENT PROJECT STATUS.RUTHERFORD IS ENTITLED TO COMPENSATION FOR ADDITIONAL COSTS IF THE PROJECT STATUS CHANGES BEFOREAPPROVAL FURTHERMORE,THE STATED PRICE DOES NOT INCLUDE ANY AMOUNT FOR COSTS RESULTING FROM IMPACTS,WHETHER THE IMPACTS ARE CAUSED BY SCHEDULING,RESCHEDULING,OUT OF SEQUENCE OPERATIONS,TRADE CONGESTION,OTHER DISRUPTIONS, DELAYS OR ACCELERATION.RUTHERFORD EXPRESSLY RESERVES THE RIGHT TO COLLECT FULL OVERHEAD AND PROFIT FOR ANY OF SUCH IMPACTS.' Submitted By:Approved By: gtiatn. Llebvwatn. Brian Liebman Karun Mani Rutherford Co.,Inc. Hal Hays Construction Joseph Putrino From: Frank Urrutia <frank@urrutiaarchitects.com> Sent: Friday, November 8, 2019 8:25 AM To: Joseph Putrino - Cc:Richard W Tropp;Joel Montalvo; Marina Acosta Subject: RE: PS PD Request For Rutherford Change Order Joe: The revised change order amounts appear to be acceptable. Thank you. Frank FRANCISCO J. URRUTIA, FARA Architect )C7467) Urrutio Marks Architects urrutici marks archlto Cis Y 165124m2 R PSm Smrt U92262 4 760)327-6800 1 From: Loni Zuschlag [mailto:LZuschlag@kempbros.com] Sent:Thursday, November 7, 2019 4:21 PM To:Joseph Putrino<JPutrino@willdan.com> Cc: Richard W Tropp<rtropp@benchmark-consulting.com>;Joel Montalvo<Joel.Montalvo@palmspringsca.gov>; Marina Acosta<Marina@urrutiaarchitects.com>; Frank Urrutia<frank@urrutiaarchitects.com> Subject: RE: PS PD Request For Rutherford Change Order Hi Joe, Please review the attached change order 10-T, replacing Hal Hays 38. We have reviewed the comments provided by the Architect and take exception to the comment noted to Rutherford's change request 013. This request includes a cost of $223 for notched backing and 21 hrs of installation, no additional wall framing. Additionally, the added backing was required on all walls totaling 336 sf. Thank you, Loni From: Richard W Tropp<rtroop(abenchmark-consultina.com> Sent: Monday, October 21, 2019 10:54 AM 1 To: Loni Zuschlag<LZuschlas@kempbros.com> Subject: FW: PS PD Request For Rutherford Change Order FYI. Once you have had a chance to look at this, let's discuss Rutherford. Richard Tropp Benchmark Consulting Services, LLC 16755 Von Karman Ave.,Suite 200 Irvine, CA 92606 949.622.0300 949.6221.0303 Direct 949.813.5864 Cell www.benchmark-consulting.com From:Joseph Putrino (mailto:JPutrino@willdan.com] Sent: Monday,October 21,2019 10:51 AM To: Richard W Tropp<rtropp@ bench mark-consultina.com> Cc:Joel Montalvo<Joel.Montalvo@Palmsprindsca.goy>;Joe Lara<ilara@kempbros.com>; Marina Acosta marina@urrutiaarchitects.com)<marina@urrutiaarchitects.com>; Frank Urrutia<frank@urrutiaarchitects.com> Subject: PS PD Request For Rutherford Change Order Rich, Please find the Architects response to the Change Order requested by Rutherford Construction.,Please note Item 04, this credit has already been taken and is Contract Change Order#3. Thank You, Joe Putrino Willdan Engineering Senior Public Works Observer iputrino@wilidan.com Cell 760-413-1702 From: Marina Acosta<Marina@urrutiaarchitects.com> Sent: Monday,October 21,2019 10:10 AM To:Joseph Putrino<JPutrino@willdan.com> Subject: FW: PS PD Request For Change Order Joe, Please see email below in regards to the change order from Rutherford Construction. Kind regards, Marima Marina Acosta, Senior Project Manager Marina@urrutioarchitects.com 2 urrutica; ma rocs arohItoots 16511.Urg Dc PUm Wig,W N62 7601327-6800 J From: Frank Urrutia<frank@urrutiaarchitects.com> Sent:Saturday, October 19, 2019 7:50 AM To: Marina Acosta <Marina@urrutiaarchitects.com> Subject: RE: PS PD Request For Change Order Manna: I have reviewed the change orders proposed in the above attachment. The following are my comments: 03R1 —Framing 4 fire extinguishers—RFI 011 ($711.00) o Revised and resubmit change order showing only 3 fire extinguishers added to the Men's Lockers. One recessed fire extinguisher was already shown in the Women's Lockers as keynote 60 on sheet A2.3. Gv 0 ti I 04— Credit for Difference between suspended metal framed ceiling and joist metal stud framing in P400 Men's Shower—RFI 037($-853.00) o This credit is NOT included in the cover sheet and should be included. 05—P300 Locker Room Soffit Framing— RFI 028 ($7,326.00) o This change Order is not for the P300 Locker area but for the P300 Detective Bureau Remodel. No exceptions taken-Approved. 06—P400 Men's and Women's Lockers built in benches— RFI 09.1 ($788.00) o No exceptions taken—Approved. 07R—P400 Men's Shower area to modify ceiling to accept recessed light fixture—RFI 049— ($697.00) o No exceptions taken—Approved. 08—Install new doorjamb framing and drywall for door leading into Men's Locker room—RFI 029— 585.00) o No exceptions taken—Approved. 09— Men's and Women's Sauna Door framing due to incorrect dimensions provided—RFI 059— 1,548.00) o This change order is not Approved. Original drawings on sheet A7.1 for doors 1 and 3 and details 6, 8, 9, 10, 11, and 12 on sheet A7.2 clearly show aluminum frames on the original plans. This was not a change, therefore, change order is denied. 10— Modifying soffit framing in P300 due to steel beams interfering with lights—RFI 69— ($5,593.00) o This change order is not acceptable and not approved. See change order 05 where approval was given to reframing soft to accommodate lights and A/C diffusers. Once beams were discovered in ceiling, diffusers were eliminated and return air diffusers were placed in suspended ceiling according to pictures submitted of the ceiling beams, the framing had not occurred yet for the diffusers. Therefore, this change order is denied. 13— Extra framing and drywall in Report Writing Room - RFI 104— ($5,812.00) 3 o This change order, to our knowledge did not involve any framing, only new drywall(about 68 SF vs. 336 SF). Revised change order to reflect added 68 SF of drywall only. Let me know if you have any questions. Frank FRANCISCO J. URRUTIA, FARA, NCARB Architect UA DESIGN CONSULTING 25219 Fjerdingren Place Custer,SO 57730 760) 409-8786 frank@uadesiqnconsulting.com From: Marina Acosta Sent: Monday,September 16, 2019 4:51 PM To: Frank Urrutia<frank@urrutiaarchitects.com> Subject: FW: PS PD Request For Change Order Kind regards, MwriaA Marina Acosta, Senior Project Manager Marina@urrutioarchitects.com urrutici. m a rats archItcctsl 1W.1 Lung DL RdnWrg%G1 922-62 760)_N7-6800_ From:Joseph Putrino<JPutrino@willdan.com> Sent:Wednesday,August 7, 2019 2:40 PM To: Marina Acosta <Marina@urrutiaarchitects.com> Cc: Frank Urrutia<frank@urrutiaarchitects.com>; 'Richard W Tropp' <rtr000 benchmark-consulting.com> Subject: PS PD Request For Change Order Marina, Rutherford Construction is requesting a change order for extra work per the RFI responses to RFI#9.1, 11, 28, 29, 49, 59, 69 &104. 1 don't recall any additional work requests for Rutherford during the Project. Can you please review and confirm if extra work was directed in the RFI responses and/or reject any that are not additional work. Please note page 1 on the transmittal is incorrect as it references electrical work in the description, not framing work. 4 Thank You, Joe Putrino Willdan Engineering Senior Public Works Observer iPutrino0wlldon.com Cell 760-413-1702 This email has been scanned for spam and viruses. Click here to report this email as spam. 5 O c CITY OF PALM SPRINGS r :CONTRACT CHANGE ORDER To: Western Surety Company Date: 11-15-19 151 North Franklin Street, 171 Floor Project No:CP 15-05 Chicago, II 60606 Project: Palm Springs Police 951) 788-0703 Dept. Remodel Rebid Change Order No: 25T Attn: Richard Tropp (Benchmark Consulting Services, LLC). CHANGES IN CONTRACT: REPLACE EXISTING SMOKE DETECTORS WITH NEW ADDRESSABLE SMOKE DETECTORS AND CONNECT TO NEW NOTIFIER ADDRESSABLE FIRE ALARM PANEL, INCLUDING 100% TEST OF NEW SMOKE DETECTORS CONSISTING OF: 68 NOTIFIER ADDRESSABLE SMOKE DETECTORS 68 NOTIFIER BASES FOR SMOKE DETECTORS . Troubleshoot existing fire alarm system. In the Penthouse replace missing smoke head and end of line resistor. Basement area in Narcotics was missing end of line resistor. Two (2) smoke detector heads bypassed and replaced and installed resistor. Troubleshoot grounds & shorts on,ground (jail) level and lower level including lockers) level. CHANGES IN COST:Total Net Change Order Amount: $38,326.47 REASONS FOR CHANGE: The existing fire alarm system is malfunctioning continuously, a condition that existed prior to construction. A detailed survey by JJJ Enterprises confirms that parts for such an older system are not available and the existing systems can't be integrated into the new system installed for Project 100 through Project 400. No requirements for upgrading the existing fire alarm are included in plans or specifications. CHANGES TO CONTRACT TIME: An additional 60 calendar days is added to the contract. As stated above this work is not included, in the contract. A complete review by Maintenance & Engineering concludes the added scope of work is necessary. The additional time is needed to complete the survey of the existing system, prepare materials list, develop,the scope of work needed, secure materials, perform the work, complete all testing and inspections. SOURCE OF FUNDS: 261-1 3 9 5-59 444 Contract Change Order No. 25T DATE: 11-15-19 Page 2 SUMMARY OF COSTS: Council Approved Amount: $3,381,830.00 Original Completion Date: 184 Calendar Day Previous Change Orders 1,019,896.98 Previous Days Added 0 This Change Order: 38,326.47 Days Added 60 Revised Contract Amount: $4,440,053.45 Revised Completion 12-31-19 SIGNATURES ON NEXT PAGE] Contract Change Order No. 25T DATE: 11-15-19 Page 3 j I I have received a copy of this Change Order and the above AGREED PRICES are acceptable to Western Suretv Companv 02/26/20 Signature Date Richard Tropp, Authorized Representative Printed Name and Title t City of Palm Springs Recommended Bv:a- 7-1oZt7 seph Putrino/Senior Public Works Date Inspector, Willdan Engineering Recommended Bv: r I Marcus Fuller, Assistant City Manager/ Date ity Engineer oU 2 2sa Z Aooroved Bv: a . Ready, City Manager Date k I Attest Bv: hony Meji Dat 1 Distribution: Original Conformed Copy: Conformed - File Copy: Contractor 1) Engineering Pay File (1) APPROVED BY CITY uN i City Clerk 1) Project City File 1) R1215 I j1 Iq Purchasing 1) Finance 1) K KEMP BROS Change Order Re uest CONSTRUCTION Project: City Palm Springs-Police Department RemodelSprings-Police Department Remodel COR: 009.1-T 11/12/2019 KBCI No.:39001 Date: 1 28 2020. Description: Replace existing smokedetectors With addressable type and'connection to new addressable fire alarm panel. Troubleshoot and repair existing fire alarm system as directed by the City. Exclusions: Subcontractor: See attached Sub Cost Proposal) AMOUNT JJJ Enterprises 23,820.00 JJJ Enterprises 12,320.00 OHP 5% $ 1,807.00 Direct Labor Costs: NAME HOURS RATE AMOUNT Project Manager 122 $ Superintendent 107 $ Project Engineer 96 $ BIM/Project Documentation 78 $ OHP 18% $ Direct Materials,Equipment&Other Costs: ITEM Q1Y UNIT RATE AMOUNT Is OHP 10% $ Cost Recap: AMOUNT Direct Labor,Materials,Equipment B:Other Costs Work Performed by Subcontractor(s) 37,947.00 Bond 1% $ 379.47 TOTAL CORVALUE:1 $ 38,326.47 r,P,'ENTERPRISES P.O. BOX ( 60)747 3050 a FAX (760)7747-756120963021 Date:November 12,2019 TO: KEMP BROS. Attu:JOE Fax: CELL 562-320-9698 e-mail:jlara(eb empbros.com Re: PALM SPRINGS POLICE DEPT.-REPLACEMENT OF OLD SMOKE DETECTORS Sender: PETE CAMEJO YOU SHOULD RECEIVE 1 PAGE(S), INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL 760-747-3050 EXT. 205 FOLLOWNG IS OUR PRICE TO REPLACE EXISTING SMOKE DETECTORS WITH NEW ADDRESSABLE SMOKE DETECTORS AND CONNECT TO NEW NOTIFIER ADDRESSABLE FIRE ALARM PANEL,INCLUDING 100%TEST OF NEW SMOKE DETECTORS CONSISTING OF:- 68 NOTIFIER ADDRESSABLE SMOKE DETECTORS 68 NOTIFIER BASES FOR SMOKE DETECTORS TOTAL COST 23,820.00 EXCLUSIONS:NEW WIRE,PATCHING AND PAINTING. i JJJ Enterprises Invoice PO Box 463021 Escondido, CA 92046 Invoice Number Phone: (760)747-3050 87669 Fax: (760)747-7561 Invoice Date 1/27/2020 Bill To: Kemp Bros Re: Palm Springs Police-Trouble 10135 GearyAve Troubleshoot Santa Fe, CA90670 Palm Springs, CA Job No Customer Job No Customer PO Payment Terms Due Date 19804 Net 30 Days 2/26/2020 Quanti Description U/M Rate/Unit Price 28.00 9/9/19&9/11/19:Troubleshoot existing fire alarm system. 110.00 3,080.00 Penthouse-found missing smoke head and end of line resisitor. Basement area in Narcotics was missing end of line resistor. Found 2 smoke heads bypassed and replaced. Installed resistor. 84.00 1211/19 to 12/30/19-Troubleshoot grounds&shorts on ground 110.00 9,240.00 pail) level and lower(including lockers) level. Subtotal $ 12,320.00 Sales Tax(if applicable) $ 0.00 Total Due $ 12,320.00 Thank you for your business! I r _ ; lea as.. CITY OF PALM SPRINGS CONTRACT CHANGE ORDER 4«FoaN`P; To: Western Surety Company Date: 11-15-19 151 North Franklin Street, 171 Floor Project No:CP 15-05 Chicago, II 60606 Project: Palm Springs Police 951) 788-0703 Dept. Remodel Rebid Change Order No: 26T Attn: Richard Tropp (Benchmark Consulting Services, LLC). CHANGES IN CONTRACT: Remove and replace concrete sidewalk and the ADA ramp at the parking lot area south to the main entracnce of Project 200. . CHANGES IN COST-Total Net Change Order Amount:$5.259.26 REASONS FOR CHANGE: The existing sidewalk and ADA ramp do not meet ADA requirements. This work is not included in plans and specifications. CHANGES TO CONTRACT TIME: No days will be added to the contract for the work indicated herein. SOURCE OF FUNDS: 261-1 3 9 5-59444 Contract Change Order No. 26T DATE: 11-15-19 Page 2 SUMMARY OF COSTS: Council Approved Amount: $3,381,830.00 Original Completion Date: 184 Calendar Day Previous Change Orders 1,058,223.45 Previous Days Added 0 This Change.Order: 5,259.26 Days Added 60 Revised Contract Amount: $4,445,312.71 Revised Completion 12-31-19 SIGNATURES ON NEXT PAGE] Contract Change Order No. 26T DATE: 11-16-19 Page 3 I have received a copy of this Change Order and the above AGREED PRICES are acceptable to I) I Western Suretv Companv 02/26/20 1 Signature Date Richard Tropp, Authorized Representative Printed Name and Title City of Palm Springs Recommended Bv: oZ- 77-ZozoWtrino/Senior Public Works Date Inspector, Willdan Engineering Recommended Bv: Marcus Fuller, Assistant City Manager/ ate City Engineer Approved Bv: OBI IZZ L2z Za ' H. dy, City Manager Date 04l23 ileZ0 Attest Bv:i A ony Meji , Ci Date Distribution: Original Conformed Copy: Conformed - File Copy: Contractor 1) Engineering Pay File (1)APPROVED 2C,, BY T il2U1q City Clerk 1) Project City File 1) 12 r 1 Purchasing 1) Finance 1) Change Order Re uest KEMP BROS CI O NST1tUCTION Project: City of Palm Springs-Police Department Remodel COR: 011-T KBCI No.:39001 Date: 11 13 19 Description: Remove and replace sidewalk and ramp as directed to meetADA requirements. Exclusions: Subcontractor: See attached Sub Cost Proposal) AMOUNT A&S(6/10/19) 1,854.73 A&S(6/11/19) 1,348.03 A&S(6/12/19) 1,756.47 OHP 5% $ 247.96 Direct Labor Costs: NAME HOURS RATE AMOUNT Project Manager 122 $ Superintendent 107 $ Project Engineer 96 $ BIM/Project Documentation 78 $ OHP18% $ Direct Materials,Equipment&Other Costs: ITEM QTY UNIT RATE AMOUNT Is OHP 10% $ Cost Recap: AMOUNT Direct Labor,Materials,Equipment&Other Costs Work Performed by Subcontractor(s) 5,207.19 Bond 1% $ 52.07 TOTAL COR VALUE: $ 5,259.26 Certified DBE,SBE,&MBE Commercial&Industrial Union Contractor A & S CEMENT CONTRAcrORs INC. 8140 Monroe Ave.Stanton,CA.90680 Bus.(714)220-2694 License No.467407 Fax. (714)220-0571 Date: 6/10/2019 DEMO Side Walk&Ramp Exceeding ADA SpeedMemo 2539 To: Kemp Bros. PROJECT: Palm Spring Police Department 10135 Geary Avenue 200 S. Civic Drive Santa Fe Springs,CA 90670 Palm Springs, CA 92262 1.826.57 DESCRIPTION OF WORK: T&M to DEMO Sidewalk&ramp exceeding ADA Total: 1,826.57 Demo sidewalk&ramp Sock-Pile Site Work MATERIALS PURCHASED QTY Unit UNIT COST TOTAL Material Subtotal Sub Contractor QTY Unit UNIT COST TOTAL Subcontractor Subtotal $ EQUIPMENT QTY Unit UNIT COST TOTAL Material Truck 1 day 250.00 250.00 Skid Steer 1 day 325.00 325.00 Skid Steer Attachment(Bucket&Breaker) 1 day 15D.00 150.00 Equipment Trailer 1 day 300.00 300.00 Equipment Subtotal $ 1,025.00 Labor Breakdown TRADE flafWorkers DAYS QTY HOURS HOURLY EXTENDED Forman 0 1 4 hrs 72.53 Masons 1 1 4 hrs 70.55 282.20 Laborers 1 1 4 hrs 70.28 281.12 r Subtotal 563'. Labor$563.32 ate total M/U 20%$1 12.66 Equipment$1,025.00 Equipment Su 1 025.00 WU 15%$153.75 TAX 9% Sub total 1.588.32 TOTAL $1,854.73 Markup a 238.25 Additional Labor/Mark Up 000 JWTAL 1,82 . A& S CEMENT CONTRACTORS, INC. S P E E D M E M 8140 MONROE AVENUE STANTON, CALIFORNIA90680 2539 714)220-2694 TO: AT: PROJECT: ( r~ DATE: RE: Si rc DESCRIPTION OF WORK: _ LABOR USED: 1 i-(82i7 S EQUIPMENT USED: ii FF,3G. t CfC ' MATERIAL USED: DATE r(j .19 SIGNED lAlUrrC CII C v i i n+ni onn CrIMMAnni Certified DBE,SBE,&MBE Commercial&Industrial Union Contractor FA-S CEMENT CONTRACTORS INC. 8140 Monroe Ave.Stanton,CA. 90680 Bus.(714)220-2694 License No.467407 Fax. (714)220-0571 Date: 6/11/2019 Side Walk&Ramp Exceeding ADA SpeedMemo 2540 To: Kemp Bros. PROJECT: Palm Spring Police Department 10135 Geary Avenue 200 S.Civic Drive Santa Fe Springs,CA 90670 Palm Springs, CA 92262 1,319.42 DESCRIPTION OF WORK: T&M for Sidewalk&ramp exceeding ADA Total: 1,319,42 Load dump truck with concrete spoils. Haul off equipment Site Work MATERIALS PURCHASED QTY Unit UNITCOST TOTAL Material Subtotal Sub Contractor"QTY Unit UNIT COST TOTAL Robert Mas Trucking 6 hrs 110.00 660.00 Subcontractor Subtotal $660.00 EQUIPMENT QTY Unit UNIT COST TOTAL Foreman Truck 1 day 250.00 250.00 Skid Steer 1 day 325.00 325.00 Equipment Subtotal '$575.00 Labor Breakdown TRADE of Workers DAYS QTY HOURS HOURLY EXTENDED Forman 1 1 4 hrs 72.53 290.12 Masons 1 1 4 hrs 70.55 282.20 Laborers 0 1 8 hrs 70.28 Dl Subtotal 5 Labor$572.32 Material total M/U 20%$1 14.46 Equipment Su 1 575.00 Equipment$575.00 TAX 9% M/U 15%$86.25 Sub total 1,147.32 TOTAL: $1,348.03 Markup 172.10 Addition or/Mark Up 000 TOTAL 1,31 Certified DBE,SBE,&MBE Commercial&industrial Union Contractor A S CEMENT CoNTxAcTORS INC. 8140 Monroe Ave.Stanton,CA. 90680 Bus.(714)220-2694 License No.467407 Fax. (714)220-0571 Date: 6/lW2019 Side Walk&Ramp Exceeding% SpeedMemo 2538 To: Kemp Bros. PROJECT: Palm Spring Police Department 10135 Geary Avenue 200 S. Civic Drive Santa Fe Springs,CA 90570 Palm Springs,CA 92262 1,719.08 DESCRIPTION OF WORK: T&M for Sidewalk&ramp exceeding percentage Total: 1,719.08 Pour sidewalk&ramp with salt finish Site Work MATERIALS PURCHASED QTY Unit UNIT COST TOTAL Concrete 3 cy 101.79 305.37 Energy Surcharge 1' per load 25.00 25.00 Environmental Fee 1 per load 25.00 25.00 Lumbar2x4x16 4 each 2.50 10.00 Material Subtotal 365.37 Sub Contractor-QTY Unit UNIT COST TOTAL Subcontractor Subtotal $ EQUIPMENT QTY Unit UNIT COST TOTAL Material Truck 1 day 250.00 250.00 Equipment Subtotal $250.00 Labor Breakdown TRADE of Workers DAYS QTY HOURS HOURLY EXTENDED Forman 0 1 8 hrs - 72.53 Masons 3 1 4 hrs 70.55 846.60 Laborers 0 1 8 hrs 70.28 La ubtotal 0 Labor$846.60 Material Su I 365.37 M/U 20%$169.32 Equipment Subtot 250.00 Material$365.37 M/U 15%$54.80 TAX 9%32.88 Equipment$250.00 Sub total 1,494.85 M/U 1.5%$37.50 Mark up 159a 224.23 Tax.$32.88 Additian or/Mark Up 0% TOTAL:$1,756.47 TOTAL 1,719.08 A& S CEMENT CONTRACTORS, INC. S P E E D M E M O. 8140 MONROE AVENUE STANTON,CALIFORNIA90680 2538 714) 220-2694 TO: AT: PROJECT Qtrn/C , PO t.L G DATE: t2 RE.- DESCRIPTION OF WORK: _ j L SkDc-w 9-Al i i'U LABOR USED: EQUIPMENT USED: MATERL4,L USED: l) 44 M2 DATE SIGNED WHITE- FILE Y LOW- PM PINK- FOREMAN ROBEI TSON9s 10 C ROCK•SAND•BASE MATERIALS READY MIX CONCRETE 951)685- I.D. • (B04 834-7557 n n{ 7O C IEFED.I.D.#33-0491865 Ilfn\\`JI U CUSTOMER JOB NUMBER I RO. DELIVERY DATE PLANT DEL FROM DATE NUMBER 06/12/19 06/12/19 473563 JOB ADDRESS ZONE COST.NO. JCN NO. 200 CIVIC DR 26940 190603 PALM SPRINGS A & S, CEMENT CONTRACTOR'S REMIT TO:P.O.BOX 3600 8140 MONROE AVENUE CORONA,CA 92878 STANTON CA 90680 TERMS: DUE 10TH OF MONTH FOLLOWING DATE OF INVOICE ICKETNO AR FINSH OUANfRY UNfT DESCRIPTION TAX UNIT PRICE AMOUNT TICI TNO. JOB PDUR 4499392 10:35 11:10 35 10.00 CY 25301 2500 PSI 1" .6 Y 101.79 1,017.90 y 2 ENERGYSURC14G 25.00 EWFEEUJ1LDSUBTOTAL67.90.iJ ,(su6TGrAL 1,067.90 TOTAL MIN ALU W DMIN STANDBTMIN SALESTAX 98.78 TOTALCUAN ITY TERMS: INVOICES ARE DUEIOTH OF MONTH FOLLOWING DATE OFINVOICE. PASTDUE INVOICETOTAL ACCOUNTS SUBJECT TO A MONTHLY SERVICE CHARGE OF 1.5%. BUYER TO PAY REASONABLE10.00 COSTS OF COLLECTION INCLUDING ATTORNEY FEES. 1,166.68 A& S CEMENT CONTRACTORS, INC. S P E E®M E M 8140 MONROE AVENUE STANTON, CALIFORNIA 90680 2540 714)220-2694 TO: AT- PROJECT, DATE: {I I RE: 4 Pc l DESCRIPTION OF WORK: wl iz I LABOR USED: EQUIPMENT USED: i S IZA D MATERIAL USED: DATE . l/ l SIGNED WHITE- FILE Y LOWS PINK- FOREMAN Invoice ROBERT MAS o PO BOX 342 6/11/2019 104 DOWNEY, CA 90241 562-644-2225 A&S CEMENT CONTRACTORS, INC 8140 MONROE AVE STANTON,CA 90680 1660963 6-11-19 / 200 CIVIC DR / PALM SPRINGS / END DUMP 6 110.00 660.00 Total 660.00 Balance Due 660.00 IN ShG,1= L J' CITY OF PALM SPRINGS S CONTRACT CHANGE ORDER To: Western Surety Company Date: 1-31-2020 151 North Franklin Street, 17'" Floor Project No:CP 15-05 Chicago, II 60606 Project: Palm Springs Police 951) 788-0703 Dept. Remodel Rebid Change Order No: 27T Attn: Richard Tropp (Benchmark Consulting Services, LLC). CHANGES IN CONTRACT: Credit Project 100: Tile comers not installed per the attached punch list, Janitor Room, item #1. Credit Project 100: Tile base and wall tile not installed per the attached punch list, Janitor Room, item #2. Credit Project 200: Granite backsplash not installed per the attached punch list, Break Room, item#1. Credit Project 200: Two silestone thresholds not installed per the attached punch list, Men's Rest Room, item 1 and Women's Rest Room, item#1. Credit Project.300: Cup dispenser not installed per the attached punch list, Break Room, item#1. Credit Project 300: Silestone behind water cooler not installed per the attached.punch list, Break Room, item 2. Credit Project 400: Unacceptable (not ADA compliant) installation of the toilet paper dispenser in the ADA toilet per the attached punch list, Men's Locker Room, item#1. Credit Project 400: Cover panel under lavatories not installed properly per the attached punch list, Men's Locker Room, item#2. Credit Project 400: Electric clock not installed per the attached punch list, Men's Locker Room, item#3. CHANGES IN COST:Total Net Change Order Credit Amount: ($4.836.18) Credit REASONS FOR CHANGE: The contractor (Kemp Bros.) did not complete the installations as required and stated they would not return to do so. CHANGES TO CONTRACT TIME: No days will be added to the contract for the work indicated herein. SOURCE OF FUNDS: 261-1395-59444 Contract Change Order No. 27T DATE: 1-31-2020 Page 2 SUMMARY OF COSTS: Council Approved Amount: $3,381,830.00 Original Completion Date: 184 Calendar Day Previous Change Orders 1;063,482.71 Previous Days Added 0 This Change Order: 4,836.18) Days Added 60 Revised Contract Amount: $4,440,476.53 Revised Completion 12-31-19 SIGNATURES ON NEXT PAGE] t r Contract Change Order No. 27T DATE: 1-31-2020. Page 3 I have received a copy of this Change Order and the above AGREED PRICES are acceptable to l Western Suretv Companv 03/02/20 Signature Date i i Richard Tropp, Authorized Representative i Printed Name and Title l I City of Palm Springs Recommended Bv: 3-3-Z-e,zo ep Putrino/Senior Public Works Date j Inspector, Willdan Engineering II Recommended Bv: I Marcus. Fuller, Assistant City Manager/ Date f City Engineer aAoorovedBv: zo Davi . R y, City Manager Date Attest Bv: 04 23 IZ-Zo I ony Mej , Ci Date Distribution: Original Conformed Copy: Conformed - File Copy: Contractor 1) Engineering Pay File (1) City'Clerk 1) Project City File 1) PPROVEpBYCrfYCOUNCIL Purchasing 1) 1 1eJ H y Finance 11 JWILLDAN I Police Department Remodel Rebid Engineering City Project No. 15-05 Cost Breakdown CCO #27T Project 100 Janitor Room: Delete the installation of ceramic tile corner pieces, tile base and wall tile as shown on the attached punch list, items#1 . Labor: Twelve (12) hours @ $57.78 693.36) Material: L.S. 150.00) Project 200 Break Room: Delete the back splash behind the refrigerator. Labor: Two (2) laborers four (4) hours each, 8 hours @ $57.78 462.24) Material: 40 S.F. @ $45.00 1,800.00) Project 200 Men's &Women's Rest Room: Delete silestone thresholds in two rest rooms. Labor: Two (2) hours @ $57.78 115.56) Material: L.S. 100.00) Project 300 Break Room: Delete the supply and installation of the cup dispenser. Labor: One (1) hour @ $57.78 57.78) Material: L.S. 25.00) Delete the installation of the silestone behind the water cooler. Labor: Four (4) hours @ $57.78 231.12) Material: 6 S.F. @ $45.00 270.00) Project 400 Men's Locker Room: Delete the installation of proper ADA requirement for the toilet paper dispenser. Labor: Four (4) hours @ W.78 231.12) Material: L.S. 500.00) Delete work for cover panel under lavatories. No Deduct Delete the installation of the electric clock. L.S. 200.00) Total Credit Amount ($4,836.18) VWILLDAN I Police Department Remodel Rebid A Engineering City Project No. 15-05 Punch List Update 1-29-2020 Project 100: Janitor Room: 1. Tile corner pieces were not used, instead the corners were filled with grout. Incomplete as of 1-15-2020. Shown on the original punch list. 2. Tile coved base is not installed at the wall to the right of the wall cabinet, also the cabinet shall have tile coved base per detail 7/A2.4.The small walls to the right of the cabinet and left of the left of the door is to be tiled not painted drywall. The threshold is dirty with construction debris. Incomplete as of 1-15-2020. Shown on the original punch list. Project 200: Break Room: 1. The backsplash material does not extend/cover the whole area behind the refrigerator as per approved drawings, Detail 1 on Sheet A9.2. Incomplete as of 1-9-2020. City may consider a credit, please provide proposal. Shown on the original punch list. Men's Rest Room: 1. The Silestone threshold is not installed. Incomplete as of 1-9-2020 City may accept a credit, please provide proposal. Shown on the original punch list. Women's Rest Room: 1. The Silestone threshold is not installed. Incomplete as of 1-9-2020 City may accept a credit, please provide proposal. Shown on the original punch list. Added Item: 1. Main Entrance door has considerable size scratches on the interior side, scrapping in the pocket of the door. Incomplete as of 1-9-2020. Working with Magik Glass and Stanley Doors directly for correction. Project 300: Break Room: 1. Cup Dispenser-it is not installed. Incomplete as of 1-9-2020. Shown on the original punch list. 2. Silestone behind water cooler is missing. Key box to be removed and give to PSPD. Incomplete as of 1-9-2020. Shown on the original punch list. Project 400: Men's Locker Room: 1. The toilet paper/seat cover dispenser inside the ADA stall does not meet ADA requirements. The distance from the front of the toilet to the center of the toilet paper shall be 9". Refer to Sheet A2.5. Incomplete as of 1-9-2020. Shown on the original punch list. 2. The cover panel under the lavatories is not installed as per approved drawings. Should not be attached with visible screws. Use removeable Hafele attachments specified. Incomplete as of 1-9-2020. Shown on the original punch list. 3. Electric Clock at wall between restroom and shower areas is not installed. Incomplete as of 1-9-2020. Shown on the original punch list. Close Out Documents: 1. Submit record drawings with construction changes indicated. Incomplete as of 1- 9-2020. 2. Submit equipment warranties. Incomplete as of 1-9-2020. 3. Submit M&O manuals. Incomplete as of 1-9-2020. 4. Provide warranty bond per contract specifications. Incomplete as of 1-9-2020. Respectfully Submitted, WILLDAN ENGINEERING Joe Putrino Construction Manager v GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7,CHAPTER 1,ARTICLE 2,SECTIONS 1770, 1773 AND 1773.1 FOR COMMERCIAL BUILDING,HIGHWAY,HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: #LABORER AND RELATED CLASSIFICATIONS DETERMINATION: SC-23-102-2-2019-2 ISSUE DATE:August 22,2019 EXPIRATION DATE OF DETERMINATION:June 30,2020*'The rate to be paid for work performed after this date has been determined.If work will extend past this date,the new rate must be paid and should be incorporated in contracts entered into now.Contact the Office of the Director-Research Unit for specific rates at(415)7034774. LOCALITY: All localities within Imperial,Inyo,Kern,Los Angeles,Mono,Orange,Riverside,San Bernardino,San Luis Obispo, Santa Barbara,and Ventura counties. Employer Payments Straight-Time Overtime Hourly Rates Classification a Basic Health Pension Vacation/ Training Other Hours Total Daily' Saturdayl'c Sunday Joumeyperson) Hourly and and Payment Hourly and Rate Welfare Holidayd Rate 11/2X 11/2X Holiday CLASSIFICATION GROUPS Group 1 35.24 7.47 8.90 4.87 0.69 0.61 8 5I 75.400 75.400 93.02 Group 2 35.79 7.47 8.90 4.87 0.69 0.61 8 58.33 76.225 76.225 94.12 Group 3 36.34 7.47 8.90 4.87 0.69 0.61 8 58.88 77.050 77.050 95.22 Group 37.89 7A7 8.90 4.87 0.69 0.61 8 60.43 79.375 79.375 98.32 Group 5 38.24 7.47 8.90 4.87 0.69 0.61 8 60.78 79.900 79.900 99.02 Indicates an apprenticeable craft. The current apprentice wage rates are available on the Internet @ hn://www.dir.ca.gov/OPRL/PWAppWage/PWApl)WageStart.asp. To obtain any apprentice wage rates as of July 1,2008 and prior to September 27,2012,please contact the Division of Apprenticeship Standards or refer to the Division of Apprenticeship Standards'website at http://www.dir.ca.gov/das/das.html. a For classification within each group,see page 14. b Any hours worked over 12 hours in a single workday are double(2)time. Saturdays in the same work week may be worked at straight-time if job is shut down during work week due to inclement weather or similar Act of God,or a situation beyond the employers control. d Includes an amount per hour worked for supplemental dues RECOGNIZED HOLIDAYS:Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid,shall be all holidays in the collective bargaining agreement,applicable to the particular craft,classification,or type of worker employed on the project,which is on file with the Director of Industrial Relations. If the prevailing rate is not based on a collectively bargained rate,the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for the current determinations on the Internet at http7//www.dir.ca.lzov/OPRL-/DPreWageDetenTiination.htm. Holiday provisions for current or superseded determinations may be obtained by contacting the Office of the Director-Research Unit at(415)703-4774. TRAVEL AND/OR SUBSISTENCE PAYMENT:In accordance with Labor Code Sections 1773.1 and 1773.9,contractors shall make travel and/or subsistence payments to each worker to execute the work. You may obtain the travel and/or subsistence provisions for the current determinations on the Internet at bgp,//www.dir.ca.gov/OPRL/DPreWageDetermination.htm. Travel and/or subsistence requirements for current or superseded determinations may be obtained by contacting the Office of the Director- Research Unit at(415)7034774. 13 TAKEOVER AGREEMENT This Takeover Agreement is made this 30th day of April 2019 ("Effective Date") between Western Surety Company ("Surety") and City of Palm Springs ("Obligee") Agreement"). WITNESSETH: WHEREAS Hal Hays Construction, Inc. ("Contractor") entered into a contract with Obligee approved by Obligee's City Council on or about October 4, 2017 as agreement No. A7038 (the construction agreement, including all contract documents referenced therein, and all signed change orders thereto, is referred to hereinafter as the "Contract") for construction of a project known as Police Department Remodel Rebid City Project No. 15-05 (the "Project"); WHEREAS, Surety executed a performance bond and a payment bond (the Performance Bond" and "Payment Bond", collectively the "Bonds") each in the initial sum of Three Million Three Hundred Eighty-One Thousand Eight Hundred Thirty Dollars 3,381,830) and amended by a general purpose rider dated, November 3, 2017 to Four Million Two Hundred Eighteen Thousand Nine Hundred Twenty Dollars ($4,218,920) (the Bond Amounts") as surety on behalf of Contractor as principal and Obligee. A true and correct copy of the Performance Bond is attached hereto as Exhibit A and is incorporated herein by this reference; a true and correct copy of the Payment Bond is attached hereto as Exhibit B and is incorporated herein by this reference; and a true and correct copy of the rider to the Bonds is attached hereto as Exhibit 0 and is incorporated herein by this reference; WHEREAS, Obligee has declared a default and terminated the Contractor's right to perform the Contract effective February 22, 2019, and made a demand upon Surety to complete the Contract; and WHEREAS, Surety is willing to arrange for the completion of the Contract in accordance with the terms and obligations under the Performance Bond provided that it is paid the Contract Balance as defined hereafter. NOW, THEREFORE, for and in consideration of the agreements and undertaking and other good and valuable consideration, the Obligee and Surety agree as follows: 1. The recitals set forth above are material parts of this Agreement and are true and accurate. 2. Surety shall arrange for completion of the work in accordance with the terms and conditions of the Contract including, but not limited to, correction, or removal and replacement, of defective (non-conforming) work in place performed by Contractor, as well as any defective (non-conforming) work performed by the Completion Contractor, subject to the limitation of the Bond Amounts of the Performance Bond and Payment CNA\Hal HaysVPalm Springs -1- ORIGINAL BID AND/OR AGREEMENT Bond, plus the Contract Balance received from Obligee as the maximum limitation of Surety's liability and responsibility under its Bonds and this Agreement. 3. The Obligee acknowledges that Surety is acting in its capacity as surety for Contractor in arranging for the completion and performance of the Contract and Surety is not a completing contractor, and that Surety is not assuming any obligations or liabilities beyond those set forth in the Bonds. 4. Surety contemplates arranging for work to be completed under the Contract by Kemp Bros. Construction, Inc., a California corporation, CSLB License No. 149816, DIR PWC Registration No. 1000002699 ("Completion Contractor"). Once Surety finalizes and formalizes its arrangements with Completion Contractor, Surety shall notify the Obligee. Surety has retained the services of Benchmark Consulting Services, LLC Consultant") as Surety's authorized representative to assist in arranging for work to be completed under the Contract by the Completion Contractor. Surety and Obligee consent to Completion Contractor completing the remaining work of the Contract. Completion Contractor shall be Surety's representative with regard to completion of the remaining work. Completion Contractor will provide its own performance and payment bonds ("Completion Bond") from a California admitted surety guaranteeing the performance of every obligation of the Completion Contractor set forth in the Contract Completion Surety"). Surety will continue to guarantee performance of all of the work of the Contract. Surety will provide Obligee with a copy of the Completion Contract prior to recommencement of the work. 5. Obligee acknowledges that the Completion Contract between Surety and Completion Contractor ("Completion Contract") will require the Completion Contractor to assume all of the remaining obligations of the Contractor under the Contract, subject to the terms of this Agreement, and to coordinate all Project activities with the Obligee and the Obligee's representative and to otherwise conduct itself in accordance with the terms of the Contract, except as stated herein, as if Completion Contractor had a direct contract with the Obligee. Prior to recommencement of the work, the Completion Contractor will provide evidence of all required insurance and insurance endorsements under the Contract. 6. Completion Contractor shall have a Completion Agreement with Surety, and no contractual relationship, pursuant to this Agreement, shall exist between Obligee and Completion Contractor. Notwithstanding the foregoing. Obligee is an intended express third-party beneficiary of the Completion Contract. Routine day-to-day operations and decisions as to the manner of performance of the remaining work shall be made by the Completion Contractor, subject to the terms and conditions of the Contract; provided, however, that the Completion Contractor has no authority to: (I) agree to any changes in the Contract or remaining work; (ii) agree to any Change Orders; (iii) agree to any back-charges or deductions of any nature; (iv) agree to any schedule changes; (v) agree to any adjustments in the Contract amount. Contract Balances, or remaining work; or (vi) agree to perform any work outside of the Contract, without the Surety's prior express written consent which shall not be unreasonably withheld or delayed . Nothing in CNA\Hal Hays\Palm Springs -2- 21691079 this Agreement except Surety's penal sum limitation of liability, shall in any way limit Obligee's rights and remedies under the Contract, including the right to demand that Surety perform corrective or warranty work, or that Surety make changes in the Work, as set forth in and in accordance with the Contract. Communications between Obligee and Surety or its representatives (including Completion Contractor) shall remain as described in the Contract, except that Obligee recognizes Completion Contractor's limitation of authority as set forth in items (I) through (vi) in this Paragraph. Obligee agrees to copy Consultant on any and all communications to or on behalf of the Surety. Further, nothing in this Agreement shall create liability to Obligee in favor of Completion Contractor for acts or conduct by Completion Contractor outside the scope of Completion Contractor's actual authority from Surety. 7. Obligee agrees that any Contract Balance as defined below, and subject to the reservation of rights of Obligee and Surety in Sections 11 and 16, below will be paid to Surety for completion of the Contract in accordance with the terms of this Agreement. Obligee shall pay Surety any Contract Balance due, as adjusted in accordance with the Contract including, without limitation, for subsequent changes to the work, liquidated damages and other backcharges that have accrued or may accrue under the Contract, such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, and other withholdings under the Contract. Any payment of the Contract Balance shall be made to Surety in accordance with and subject to the terms of the Contract including, but not limited to, retainage. Surety agrees to spend its own funds as may be necessary from time to time to pay for performance of work under the Contract by the Completion Contractor in the event that the Contract Balance is insufficient, with such payments being applied against the penal sum of the Performance Bond. Payments from Obligee shall be made payable to the Surety and transmitted to the Surety at the following address: Western Surety Company Attn.: Nancy Stangel 151 N. Franklin Street, 17th Floor Chicago, IL 60606. 8. Surety shall not be required to have employees or representatives at the job site, however. Consultant will make its best efforts to attend all regularly scheduled owner-contractor meetings. Surety shall have no obligation to furnish insurance so long as Completion Contractor provides insurance to the Obligee equivalent to that required under the Contract. 9. Any and all change orders, extensions or reductions of time, changes to the work, or any action required under the Contract shall be made and executed by Surety, except for emergencies or field orders for less than $5,000. Completion Contractor is not authorized to enter into such agreements nor is Completion Contractor authorized to waive or estop any right of the Surety. CNA\Hal Hays\Palm Springs 2169107.9 10. Obligee asserts that as of the Effective Date of this Agreement, the accounting of the Contract is as follows: Original Contract Price $ 3,381,830.00 Approved Change Orders (15) $ 941.589.27 Subtotal $4,323,419.27 Deduct for Liquidated Damages to 5/1 /19 ($ 1.201.100.00) Subtotal $3,122,319.27 Pending Change Order Nos. 4,19, 31, 34 $ TBD Payments to Date ($ 2.122.732.57) Subtotal $ 999.586.70 Retainage Held to date $ 125.897.191 Subtotal $ 1.125.483.89 Withhold for pending stop payment notices ($ 556.151.16) Contract Balance (including retainage) $ 569,332.73' 11. As of the Effective Date of this Agreement, the Contract Balance on the Contract is $ 569,332.73, subject to any deductive credits and liquidated damages, due Obligee under the Contract, withholding for future stop payment notices, adjustments for released stop payment notices, and Obligee-approved change orders ("Contract Balance"). Obligee represents and warrants that as of the date of this Agreement, to the best of its knowledge and according to the records available to it, the Contract Balance as defined herein is accurate. Obligee reserves the right to assess deductive credits and liquidated damages due Obligee under the Contract against the Contract Balance before payment is made to Surety for completion of the Contract. The Surety reserves the right to verify the accuracy of the Contract Balance. 12. In consideration for this Agreement, the Surety is hereby granted a non-compensatory extension of time from May 1, 2019 until November 1, 2019 Adjusted Contract Time"). Assessment of any additional liquidated damages under the Contract at the rate of $3,000.00 per day shall begin the day after expiration of the Adjusted Contract Time, subject to any further adjustments in accordance with the Contract, through the date of Contract acceptance by Obligee. Any calculation of any additional liquidated damages shall be made in accordance with the terms of the Contract. 13. With reference to those items on which Obligee and Surety do not agree, and with respect to any additional issues that the Obligee and Surety are unable to come to a resolution, these parties agree to make a good faith effort at a face-to-face meeting to resolve their differences on a global basis. Should said meeting fail to resolve all pending issues, the Obligee and Surety agree to proceed to private non-binding mediation prior to any litigation. 1 Subject to any deductive credits, and liquidated damages due Obligee under the Contract, withholding for future stop payment notices, adjustments for released stop payment notices, correction of defective and non-conforming worl<, and Obligee-approved change orders. CNA\Hal Hays\Palm Springs -4- 2169107.9 14. The total liability of the Surety under this Agreement and the Performance Bond is limited to and shall not exceed the Bond Amount of the Performance Bond in the amount of $4,218,920 plus the Contract Balance received from Obligee ("Available Funds"). All payments made by Surety to Completion Contractor for performance of work under the Contract shall be credited against the Available Funds. Nothing in this Agreement constitutes a waiver of the Bond Amount or increase of liability under the Performance Bond. When the amount of funds expended by Surety to Contractor for performance of the work under the Contract reaches 90% of the Available Funds, Surety must submit written notice to Obligee. In the event the amount of funds paid by the Surety to Completion Contractor for performance of work under the Contract equals or exceeds the Available Funds, subject to Obligee's audit rights under the Contract, the Surety shall have no further obligation to make payments to the Completion Contractor and shall have no further obligation, for completion of the work, to Obligee, the Surety having satisfied all its obligations under the Performance Bond. In such event, Obligee agrees to assume all payment obligations to Completion Contractor or any other party retained by Obligee to complete the Contract. Surety agrees to maintain records relating to the cost of completion of the work of the Project, and in the event Surety contends the amount of funds paid by Surety to Completion Contractor is equal to or in excess of the Available Funds, upon written request of Obligee, Surety will make such records available to Obligee for inspection within a reasonable time. 15. The Obligee will release to Surety any funds that may now or hereafter be held on account of stop payment notices upon completion of the Contract and proof from Surety that said stop payment notice claims have been resolved and that the appropriate releases have been obtained from the stop payment notice claimant or claimants. The Payment Bond shall remain in full force and effect in accord with its terms and limitations. 16. Surety and Obligee agree that execution of this Agreement is not a waiver of any rights, claims, damages, remedies, offsets and/or defenses that either may have against the other, and nothing contained in this Agreement should be construed as a waiver of any rights, claims, damages, remedies, defenses. Surety and Obligee expressly reserve, all rights, claims, damages, remedies, offsets and defenses either may have against the other and against any other parties not signatories to this Agreement. By execution of this Agreement, Surety does not waive Contractor's rights, if any, to contest the validity of the default or any other rights Contractor may have whether at law or in equity. Similarly, Surety does not waive any defenses that it may have, if any, whether at law or in equity. Obligee likewise does not waive and reserves all rights and defenses it may have, if any, as against Contractor and Surety whether at law or in equity including, but not limited to, its right to assess liquidated damages under the Contract accrued prior to the Effective Date of this Agreement and after the Completion Date, or any rights under the Bonds. 17. Any notices required to be given by the terms of this Agreement or any of the Bonds shall be made as follows: CNA\Hal Hays\Palm Springs 2169107.9 As to Obligee via overnight delivery with a copy concurrently via e-mail to: David H. Ready, City Manager City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 Email: David.Ready@palmspringsca.gov Marcus L. Fuller, MPA, PE, PLS Assistant City Manager City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 Email: Marcus.Fuller@palmspringsca.gov Jeffrey Ballinger, City Attorney City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 Email: Jeffrey.Ballinger-c@palmspringsca.gov With a copy to: Theodore L. Senet, Esq. Barbara R. Gadbois, Esq. Gibbs Giden Locher Turner Senet & Wittbrodt LLP 1880 Century Park East, 12th Floor Los Angeles, CA 90067 Email: tsenet@gibbsgiden.com: bgadbois@gibbsgiden.com As to Surety via overnight delivery with a copy concurrently via e-mail to: Nancy L. Stangel Western Surety 151 North Franklin Street, 17th Floor Chicago, IL 60606 Email: Nancy.Stangel@cnasurety.com Richard W. Tropp Benchmark Consulting Services, LLC 16755 Von Karman Avenue, Suite 200 Irvine, CA 92606 Email: rtropp@benchmark-consulting.com With a copy to: Carlos E. Sosa, Esq. Law Offices of Hausman & Sosa, LLP CNA\Hal Hays\Palm Springs 2169107.9 20750 Ventura Blvd, Suite 105, Woodland Hills, CA 91364-6646 Email: CSosa@hausmansosa.com 18. This Agreement is solely for the benefit of Obligee and Surety. This Agreement shall not create any rights in any third-party beneficiaries nor confer any benefit or right upon anyone whatsoever other than Obligee and Surety. Without limiting the foregoing, Obligee and Surely specifically acknowledge that nothing in this Agreement shall extend or increase the rights of any third-party claimants, subcontractors or materialmen of liabilities or obligations of the Surety under the Bonds. 19. The Bonds, the Contract, and this Agreement constitute the entire understanding and agreement between Obligee and Surety. No written or oral discussions or negotiations shall in any way vary or alter the terms of this Agreement. 20. This Agreement may not be changed, amended or altered except in writing and executed by both the Obligee and Surety. 21. This Agreement may be executed in one or more counterparts, and by regular mail, facsimile, email, or PDF signature, each of which shall be deemed a duplicate original but all of which together shall constitute one and the same counterpart. Facsimile, email, or PDF signatures on this AGREEMENT shall be deemed as original signatures for all purposes. 22. This Agreement shall be governed by and controlled by the laws of the State of California. Any action arising from this Agreement must be brought in the County of Riverside, State of California. 23. The provisions of this Agreement shall be applied and interpreted in a manner consistent to carry out the terms and purposes. This Agreement was jointly prepared by the parties and shall not be construed against either as the drafter. IN WITNESS WHEREOF, the parties have executed this Agreement on the date indicated above and each party warrants they have the full right, power and authority to execute this Agreement on behalf of the respective party. CITY OF PALM SPRINGS WESTERN SURETY COMPANY Bv: j Nancv^tangel "David Ready Title: City Manager Title: Authorized Agent CNA\Hal Hays\Palm Springs -7- 2169107.9 ATTEST: Bv: ly Anthony Mejia, I City Clerk APPROVED AS TO FORM: h A* Bv: y Jeffrey^. Baliinger City Attorney GIBBS GIDEN LOCHER TURNER SENET & WITTBRODT, LLP Counsel for Obligee Title: HAUSMAN & SOSA, LLP Counsel for Surety Bv: si^vu>i ivi Title: Attachments: Exhibit A - Performance Bond Exhibit B - Payment Bond Exhibit C - Bond Rider APPROVED BY CITY COUNCIL l.U. hUiI ftpl? CNA\Hal Hays\Palm Springs 2169107.9 8- ATTEST: By: tkl Anthony Mejia, City Clerk APPROVED AS TO FORM: By: in CcAA/vicracor-]' Jeffrey S. Ballrnger ' City Attorney GIBBS GIDEN LOCHER TURNER SENET & WITTBRODT, LLP Counsel for Obligee Title: HAUSMAN & SOSA, LLP Counsel for Surety Title Attachments: Exhibit A - Performance Bond Exhibit B - Payment Bond Exhibit C - Bond Rider CNA\Hal Hays\Palm Springs 2169107.9 8- EXHIBIT A Performance Bond Exhibits to AIOIOwner Contractor GMP Agreement Exhibit A 2183712.1 Bond No. 30022329 Premium: S27.732.00 Premium is for cuniruct term and is subject to udjusimenl based on final contract price Executed in; 2 Cuuntcrpans PERFORMANCE BOND - PUBLIC WORKS KNOW ALL MEN BY THESE PRESENTS. WHEREAS, the City of Palm Springs, a charter city, organized and existing in the County of Riverside, California, as Obligee, (hereinafter referred to as the "City"), has awarded to the undersigned Contractor, (hereinafter referred to as the "Contractor"), an agreement for the work descnbed as follows: POLICE DEPARTMENT REMODEL REBID CITY PROJECT NO. 15-05 hereinafter referred to as the "Public Work"); and WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain Agreement (Construction Contract) for the said Public Work awarded to the Contractor and approved by the City for the Project hereinabove named, (hereinafter referred lo as the Contract"), which Contract is incorporated herein by this reference; and WHEREAS, the Contractor is required by said Contract to perform the terms thereof, and lo provide a bond both for the performance and guaranty thereof. NOW, THEREFORE, we, the undersigned Contractor, as Principal, and: Western Surety Company a corporation organized and existing under the laws of the Slate of South Dakota . and duly authorized to transact business under the laws of the Slate of California, as Surety, are held and firmly bound unto the City in the sum of ThrM MHIten THw Hundred Eighty Ono Thousand Bght Hundnid Thirty and OD/100 Dollars ($3,381,830.00 ), said sum being not less than 100 percent of the total amount payable by the City under the terms to the said Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the bounden Contractor, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract and any alteration thereof made as therein provided, on his or its parts, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one year guarantee of all materials and workmanship; and indemnify and save harmless the City, its officers and agents, as sfpulated in said Contract, then this obligation shail become null and void; otherwise it shall be and remain in fuli force and effect. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration of addition to the terms of the Contract, or to the Public Work or to the Specifications. No final settlement between the City and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. POLICE DEPARTMENT REMODEL REBID CITY PROJECT NO. 15-05 PERFORMANCE BOND JUNE 29. 2017 AGREEMENT AND BONDS - PAGE 8 PERFORMANCE BOND - PUBLIC WORKS CONTINUED) Contractor and Surety agree that if the City is required to engage the services of an attorney in connection with enforcement of the bond, each shaii pay City's reasonabie attorney's fees incurred, with or without suit, in addition to the above sum. SIGNED AND SEALED, this nth day of October .. 20^7. Hal Hays Construction, Inc.CONTRACTOR: Check one: individuai, partnership, corporation This Performance Bond must be signed by representatives and/or officers having appropriate authority to bind the Contractor and Surety to the terms of the Performance Bond.) CONTRACTOR: Hal Hays Construction, Inc. By: signatu NOTARIZED) SURETY: Western Surety Company By TgnJfeuLaao signature NOTARIZED) Print Name and Title: KIrby 8. Hays. CEO By: signature NOTARIZED) Print Name and Title: Print Name and Title: Rebecca Haas«Bates, Attorney'In'Ract By submitting this Performance Bond, the Contractor and Surety acknowledge the provisions of the Contract Documents with regard to Section 6-4 "Default by the Contractor", as further amended by the Special Provisions. POLICE DEPARTMENT REMODEL REBID CITY PROJECT NO. 15-05 JUNE 29. 2017 PERFORMANCE BOND AGREEMENT AND BONDS - PAGE 9 PERFORMANCE BOND - PUBLIC WORKS CONTINUED) The rate of premium on this bond Is $.per thousand. The total amount of premium charged: S27.732.oo The above must be filled in by corporate surety). IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the Califomia Insurance Code, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: Name and Address of Surety)Western Surety Company 1000 Wllshire Blvd., Suite 1800,18th Floor Los Angeles, OA 90017 Name and Address of Agent or Representative for service of process in California if different from above) Millennium Corporate Solutions, LLC 5530 Trabuco Road Irvine. CA 92620 Telephone Number of Surety and Agent or Representative for service of process in California) Surety: (213) 452-5961 Agent: (949) 679-7116 First $500,000 • $12.00 - $6,000.00 Next $2,000,000 - $8.00 = $16,000.00 Remaining: $881,830 - $6.50 s $5,731.90 POLICE DEPARTMENT REMODEL REBID CITY PROJECT NO. 15-05 JUNE 29. 2017 PERFORMANCE BONO AGREEMENT AND BONDS - PAGE 10 See Attached** PERFORMANCE BOND - PUBLIC WORKS CONTINUED) ALL-PURPOSE 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 County of On Date personally appeared before me. Name, Title of Officer NAME(S) OF SIGNER(S) who prov^ to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within ms rument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/theIr signaturesfs) on the Instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument. comec^ penalty OF PERJURY under the laws of the State identified herein, that the foregoing paragraph is true and Witness my hand and official seal. Signature of Notary NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT Signer(s) Other Than Named Above Title or Type of Document Number of Pages DATE of DOCUMENT POLICE DEPARTMENT REMODEL REBID CITY PROJECT NO. 15-05 JUNE 29. 2017 PERFORMANCE BOND AGREEMENT AND BONDS - PAGE 11 CSS [.^1.1^ I jM %|1 >1 tM.>o Si A« H%«>U| « tM.%11 >1 ,« * California All'Purpose Certificate of Acknowiedgment A notary public or oUter officer completing this certificate verifies only the Identity of the Individual who signed the document to which this certificate is attacfied, and not the truthfulness, accuracy, or validity of that document. State of California County of s.s. On before me, Denia M. Lanza-Campos, Notaiy Public c' Moiaiy Put :: t.iio personally appeared Name ot S giLT (.?; ^ who^oved to me on the basis of satisfactory evidence to be the personOsfWiose name(e)^ is/ar^ubscribed to the within instrument and acknowledged to me that ne/sheTlhey executed the same in his/betTfbeirauthorized capacity(ies7r and that by his/bef/Qa^ signature^ on the instrument the person(»)ror the entity upon behalf of which the persoQ(^ acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the Sfate^f Califomia that the foregoing paragraph is true am corrbct. r Id official se COMM Signnt" pWpi}5 2134715 i Riverside Ccunly -MyCoim Eipiresftov. 22. aiiQ^ OPTIONAL INFORMATION AiH.ough ihe mfonnation m thfs sec hon ts no! requueci by la,\- it could prevent frondiilent rernove! and lea'tachnient of inis ackno.vledgmen! to an unauthonzed document and may prove naefut to pe'scns relying on the attached document Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document Wed/for the purpose of.ocument titled Uvv>.^VvUt VdO\v^ containing pages, and dated t The signef(s) capacity or authority Is/are as: Intfividualts) Attomey-in-fact Cciporala Officerfs) Guardian/Conservator Partner - Limited/General Trustee(s) n Other representing: Method of Signer Identification Praved to me on the l>asis of satisfactory evidence; jx] fonn(s) of identification credilDle wltness(es) Notarial event is detailed in notary joumal on: Page# Entry# Notary contact: Other Additional Signer Signer(s) Tluimbprintsfs) 2009 2G'b M';l.}rv Leaim.-vj Csrtc A!I R c;i;'u R.;;:.Vo i c;tn p.of fOi lTl lie .."0 .'P v.w.v rnuf Jci.-irjsStoio car CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Oranec On lQ/n/2017 before me, R. Paramo. Notary Public Date Here hsert Name and Title of the Officer personally appeared Rcbccca Haas-Bates Namet^of Signerf^ who proved to me on the basis of satisfactory evidence to be the personfa) whose name{^ is/ac© subscribed to the within instrument and acknowledged to me that lie/she/they executed the same In his/herAt'W authorized capaclty{fea}, and that by Kis/herAhejr signature'^ on the instrument the person(s^ or the entity upon behalf of which the personf^ acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State^gtOalifbinlaJhal the foregoing paragraph Is true antfcorrect. ft. PARAMO Notary Public - California Orang< County Commitilon • 2204277 MyComm.Eitpires Aug 5.2021 d official nature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Pcrfonnancc Pond No. 30022329 Document Date: 10/11/2017 Number of Pages: Four (4^ Slgnerts) Other Than Named Above: CapacityOes) Claimed by Slgner{s) Signer's Name: Rehccca Ha^s.Balc^Signer's Name: Corporate Officer ~ Titlefs): Partner — Limited General n Individual !0f Attorney in Fact L) Trustee Guardian or Conservator Other: Signer Is Representing: Western Surety Company Corporate Officer — Tlle(s): Partner — Limited General Individual O Attorney In Fact Trustee Guardian or Conservator Other Signer Is Representing: 2014 National Notary Association • www.NatlonalNotary.org • 1 -800-US NOTARY (1-800-876-6827) Item #5907 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Koow AU Mca By Tbcsc Fiiigntii That WESTERN SURETY COMPANY, n South Dokota cotponUioii, is n duly oigutzed cxistiog coipofstion having Rs principal office ta the City ofSioux RUs, and State ofSooth Dakota, sad that it doa by virtue ofthe tigtatura and seal beieb affixed henby make, constitute and appoint Owen Brown, Ricbard Adair, William Syrkin, Sergio D Becbara, Margaret GUmore, Rebecca Haas-Bates, Individually oflrvine, CA, its tiue and tawffU Attofiie]f(s)4iHFact with ffiQ power and authority herriiy confcncd to sign, teal and execute Ibf aiul on its behalf bonds, undatakings and otberobflgBtoty lostiomesitsof simiUrnatuie In Unlimited Amounts - and to bind h thereiqr as fully and to Ihesanie cxtatt asifsuch btstnuncnti woesigned by a duly autbotized officer ofthe cotpoiatioa and all the acts ofsaid Attorney, putsuani ta the aulhorily hereby given, are hendty ratified and cooflrmed. This Power ofAttorney ia made and executed pursuant to and by authority ofthe By-Law primed on the reverse bereoi; duly adopted, as iadtcated, by the sharefaoldea of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its cotpotme to be hereto affixed on Ibis 9fh day of June, 2015. WESTERN SURETY COMPANY IT. Btullit, Vke Presideat State of Sooth Dakxa Cotudy ofMinnefaaba } On this 9tb day ofJune, 2015, before me posooally came Paul T. Bmfiot, to me known, who, being by me du|y sworn, did depose and say: that be resides in the aty ofSioua Falls, Stats ofSouth Dakota; tbat be b the Vice President ofWESTERN SURETY COMPANY described b tad wblch exeeuled the above instiuiocst; that he knows the teal of said corporation; that the seal affixed to the said iostiument ia such coiporite seal; that h was so affixed ptusuant to authority giva by the Board of Directon of saki corporation and that he signed hb name thereto pursuant to like authority, and acknowledges same to be the set and deed of said coqronuion. My commission expires FdHuary 12.2021 J). fuh S. Etch, Notary Public CERTIHCATE I, L Nelson, Assistant Secrmary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney heretoabove set forth is still in forc^ and fiuther certify that iho By-Law of the corpontioa printed on the reverse hereof is sitU in fince: b lestimotiy whereof 1 have bescunio suhsctlbol my name and affixed the seal ofthe said coipoixtioa thb 11 th day of October 2017 WESTERN SURETY COMPANY I.Nd»a,AaiMaSecnttiy/ L Nelson. AssistantS NV 3472 STATE OF CAUFORNU DEPARTMENT OF INSURANCE SANT FRANCISCO AMENDED Certificate of Authority Tins Is TO CERnpy, ThtU, punuanS to the Insurance Code of the State of CaUfomla, WESTERN SURETY COMPANY of SIOUX FALLS, SOUTH DAKOTA , organized under the laws of SOUTH DAKOTA , suhfect to its Arttdes of Incorporation or other fundamental organizational documents, is hereby authorized to transact toithin this State, subject to all provisions of this Certificate, the following dosses of bisuranee: SURETY and LIABILITY as such classes are now or may hereafter be defined in the Itisurance Laws of the State of Califoraia. Tms CBnTi?icA.7S! is expresdy conditioned upon the holder hereof now and here<dter being M fuU compliance with all, and not in oiohtUm of any, of the applicable laws and lawftd requirements made under authority of the laws of the State of Cdifomia as long as such laws or requirements are n effect and applicable, and as such laws and requirements now are, or may hereafter he changed or amended. In WnNESs Wkebeop, effective as of the 2JLST day of. MARCH , 1975 I have hereunto set my hand and caused my official seal to be affixed tA<s_21ST~— day of march 7o75 Fee Rec. No. FUed By WESLEY J. KINDER JiuumuM CommluioM* NOTICEt QujIiDcallon wHli the Seeretaiy of State miut bo acoompUshed u raquixed by the Callfbnila Coipoiatloas Coda promptly after ixsiiance of thlj Certificata of Authority. Failura to do so will be a violatioa of Ini. Code Sec. 701 iutd will he gnumds for revoldog this CertiScate of Authority punuant to the ooveiu&ta made in the application therefor and the conditions contained herein. MIM'M T-TI fM MP (D I EXHIBIT B Payment Bond Exhibits to A1 01 Owner Contractor Agreement Exhibit B 2183712.1 Bond No.: 30022329 Premium is included in the performance bond E.xccuted in: 2 Counterparts PAYMENT BOND - PUBLIC WORKS KNOW ALL MEN BY THESE PRESENTS, WHEREAS, Ihe Oty of Palm Springs, a charter city, organized and existing in the County of Riverside, California, as Obligee, (hereinafter referred to as the "City"), has awarded to the undersigned Contractor, hereinafter referred to as the "Contractor"), an agreement for the work described as follows: POLICE DEPARTMENT REMODEL REBID CITY PROJECT NO. 15-05 hereinafter referred to as the "Public Work"); and WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain Agreement (Construction Contract) for the said Public Work awarded to the Contractor and approved by the City for the Project hereinabove named, (hereinafter referred to as the "Contract"), which Contract is incorporated herein by this reference: and WHEREAS, said Contractor is required to furnish a bond in connection with said Contract and pursuant to Section 9550 of the California Civil Code. NOW, THEREFORE, we, the undersigned Contractor, as Principal, and: Western Surety Company acorporationorganizedandexistingunderthelawsoftheStateofSouthDakotaanddulyauthorizedtotransact business under the laws of the State of California, as Surety, are held and firmly bound unto the City, and to any and all persons, companies, or corporations entitled to file slop payment notices under Section 9100 of the Califomia Civil Code, In the sum of Three Million Threo Hundred Eighty One Thousand Eight Hundred Thirty and 00/100 QoHars ($ 3i381,830.00 ) said sum being not less than 100 percent of the total amount payable by the City under the terms to the said Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs, executors, administrators, successors, or assigns, or Subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery, or power used in, upon, for, or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, wi^held, and paid over to the Employment Development Department from the wages of employees of paid Contractor and his Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Sections 9550 through 9560 of the Civil Code, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will inure to the benefit of any and all persons, companies, and corporations entitled to serve stop payment notices under Section 9100 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. POLICE DEPARTMENT REMODEL REBID CfTY PROJECT NO. 15-05 JUNE 29. 2017 PAYMENT BOND AGREEMENT AND BONDS - PAGE 12 PAYMENT BOND - PUBLIC WORKS CONTINUED) The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or additions to the terms of the said Contract or to the work to be performed thereunder or the Specifications accompanying the same shall In any way affect Its obligations on this bond, and It does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the Specifications. No final settlement between the City and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. Contractor and Surety, an admitted surety insurer, further agree that if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attomey In connection with the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with or without suit. In addition to the above sum. SIGNED AND SEALED, this nth day of October ,2017 CONTRACTOR; Check one: Hal Hays Construction, Inc. Individual, partnership, ^ corporation This Payment Bond must be signed by representatives and/or officers having appropriate authority to bind the Contractor and Surety to the terms of the Payment Bond.) EXECUTED FOR THE CONTRACTOR: Hal Hays Construction, Inc. By: 7 slanaturesignature NOTARIZED) EXECUTED FOR THE SURETY: Western Surety Company By signature NOTARIZED) Print Name and Title: Kirby S. Hays, CEO Print Name and Title: Rebecca Haas'Bates, Attorney-in'Fact By: signature NOTARIZED) Print Name and Title: POLICE DEPARTMENT REMODEL REBID CITY PROJECT NO. 15-05 JUNE 29. 2017 PAYMENT BONO AGREEMENT AND BONDS - PAGE 13 PAYMENT BOND - PUBLIC WORKS CONTINUED) The rate of premium on this bond is $_per thousand. The total amount of premium charged: $ is included tn the performance bond The above must be filled in by corporate surety). IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, In whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: Name and Address of Surety)Western Surety Company 1000 Wllshire Blvd., Suite 1800, IBth Floor Los Angeles, OA 90017 Name and Address of Agent or Representative for service of process in California if different from above) Millennium Corporate Solutions, LLC 5530 Trabuco Road Irvine, CA 92620 Telephone Number of Surety and Agent or Representative for service of process in California) Surety: (213) 452-5961 Agent; (949) 679-7116 First $500,000 . $12.00 « $6,000.00 Next $2,000,000 . $8.00 » $16,000.00 Remaining: $881,830 . $6.50 » $5,731.90 POLICE DEPARTMENT REMODEL REBID CITY PROJECT NO. 15-05 JUNE 29. 2017 PAYMENT BOND AGREEMENT AND BONDS - PAGE 14 See Attached** PAYMENT BOND - PUBLIC WORKS CONTINUED) ALL-PURPOSE 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 County of On before me. Date personally appeared Name, Title of Officer NAME(S) OF SIGNER(S) 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 Stale identified herein, that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature of Notary ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Signer{s) Other Than Named Above Title or Type of Document Number of Pages _DATE of DOCUMENT POLICE DEPARTMENT REMODEL REBID CITY PROJECT NO. 15-05 JUNE 29.2017 PAYMENT BOND AGREEMENT AND BONDS - PAGE 15 V 1 f IM,*H N I California All^Purpose Certificate of Acknowiedgment 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 tfiat document. State of California County of Riverside I S.S. On IO-l3-n before me, Penia M. Lanza-Campos, Notary Public r>;c,to-y 7.: (! personally appeared Na:iis of S ij"ci (2i who ^oved to me on the basis of satisfactory evidence to be the persoj;i(6)'whose name(^ is/^p^ubscribed to the within instalment and acknowledged to me that he/&h€7i|:)ey executed the same in his/jjer/thetfauthorized capacity(les}7and that by his/bel7their signalurejjsjf on the Instrument the personJ[s)rbr the entity upon behalf of which the person(;»H'Cted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and/COffect. ]- WIT]official sc DENIAM. LANZA-CAilPOS L COMM. «I21347)5 z Notary PoWic • California 5 Riversida Counly " My Comm. Eioires ftov. 22. aP19{ Sea' OPTIONAL INFORMATION Atlhoucjh !he iiifcnnatiun in this secl'on is no' reqnaecl by lov. A conid pievent (landiiten! removal and realtachmcnl of Irs aci^'^ov.itidgniQnt to an nnDutboiizcd doctimen' and may pmv-: nsefnt to peiscns relyincj on the attached donmienl Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of. Method of S^ner Identification Proved to me on the t)asis of satistactory evidence; containing ^ pages, and dated _ The slgner(s) capacity or authority is/are as: indivklual(s) Altomey-in-facl Corporate Oflicerfs) x] rorm(s) of identification Q credil)le witrtessfes) Notarial event is detaited in notary journal on: Page# Enlrv# Guardian/Consenrator Partner • Limited/GeReral Trustee{s} Oilier Notary contact Other Additional Signer Signeifs) Thumbprintsfs) representing 0' 27 Nni-, : i,-,t CP f< CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary pubSc 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 Onmcc On 10/11/2017 before me, R. Paramo. Notary Public Date Here Insert Name and Title of the Officer personally appeared Rcbccca Haas-Bates A/amefelLof Signerfs^ who proved to me on the basis of satisfactory evidence to be the personf^ whose name{ss). Is/ace subscribed to the within instrument and acknowledged to me that "he/she/they executed the same in hia/herAheir authorized capacity|?»a}, and that by his^erAheir signaturet^ on the instrument the person{s)» or the entity upon behalf of which the personfs^ acted, executed the instrument. R. PARAMO Notary Public-CaGforrtla OrangeCounty Commission 12304277 My Comm. Expires Aug 5.3021 I certify under PENALPi' OF PERJURY under the laws of the Stat&-ef Oalifemla^hat the foregoing paragraph is true corcorrect. ITN^SS my ha d official s Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended documenf. Description of Attached Document Title or Type of Document: Payment Pond No. 30022329 Number of Pages: Four Slgner(s) Other Than Named Above: Capacity(ies) Claimed by Slgner(s) Signer's Name: Rchccca Haas-Bates Doc Signer's Nam ument Date: 10/11/2017 Corporate Officer — Title(s): Partner — Limited General Individual (0' Attorney in Fact Trustee Guardian or Conservator Othen Signer Is Representing: Western Surely Company e: n Corporate Officer — Title(s): Partner — Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other. Signer Is Representing: 2014 National Notary Association * www.NationalNotary.org 1 -800-US NOTARY (1 •800-876-6827) Item #5907 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Koow AU Mco By Tbcso PmcfltSyThat WESTERN SURETY COMPANY, a South Dakota cotpontioQ, is a duly otgaBixod existing cocponition having Its princ^ ofEce ta the CUy of Sioux Ftlb, and Stale of Sooth Dakota, and that it does by viitue of the signature aod seal hetetn affizoi hereby make, constitute and qipoist Owen BrowOf Richard Adair, William SyrkiOt Sergio D Becbara^ Maigaret GUmoret Rebecca Haas-Bates, Individually of bvine, OA, Its Inie aod hwfU] Attoroey(s)-iii<F8ct with full power aod authority hereby conlcrred to sign, seal aod cxeeuie for on its bebalTboods, undcrtikoigs and other obligatoiyinstnnnents of sunitaroature In Unlimited Amounts - and to bind it thereby u fully and to dte same eximt as ifsuch instnimcots were signed by a duly aotborized ofiBcer of the corpoiatioa and aB the acts of said Attorney, puiiuaot to the authority hereby given, are hctd>y ratified and conflnncd. This Power of Aitoniey is made and executed puisuant to and by authority of the By-Law printed on the tvfeac hereof, duly as by the thaicfaDldcn of ihe corporuion. Wltucis Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President und its coipoi^ seal to be hereto ifiixed on this 9th day of/uoe, 2015. WESTERN SURETY COMPANY IT. BnilUt, Vice Pr^dait State of South Dakora County ofMionefaaha } On this 9tb day of June, 2015, before me pcxsonally came Paul T. Biuflai, to mc known, who, bdog by me duly sworo, did depOK and say: that bo resides in the aty of Sbux FaUs, State ofSouth Dakofii; that he b the Vice President of WESTERN SURETY COMPANY dmcribed fat and wfaiUi aeculed the above instnuneot) that be knows the seal of said cofpontton: that the seal affixed to Ihe said instnunent is such caiponte seal: it was so afSxed punusat to authoriQ^ given by the Boatd of DIreetots of said cotpontion and that he signed hb name (hereto punuiot to like authority, and acknowledges same to bo the act and deed of Bid coqwratloD. My coinnUssioo apires Fefatuary 12,2021 S. Ekh, Notoiy Publle CERTinCATE f, L Ndsoti, Assistant Secretaiy of WESTERN SURETY COMPANY do hereby ceiliiy thai the Power of Atioraey hereinabove set forth b stiU In foree, and further certify that the By-Law of the cciporation printed on the reverse hereof b still io fixcc In testimooy whereof Ihave hereunto subscribed Rty name and aflbed thescdofthcsaidcotpontioothb 11th davof October . 2017 WESTERN SURETY COMPANY F.n.ro»).7.»u • - I.Nd««,A»llt«Sca«»yr ' L. Nelson. Assistant Si NV 3472 STATE OF GALIFORNU DEPARTMENT OF INSURANCE SAN FRANCISCO AMEin>ED Certificate of Authority Tins Is TO CERTiFy, That, pursuant to the Insurance Code of ike State of CdUfomia, WESTERH SURETY COMPANY of SIOUX FALLS, SOUTH DAKOTA , oreanixed under the laws of SOUTH DAKOTA , subfect to its Artides of Incorporation or other fundamental or&mtzational documents, is hereby authorized to transact within this State, suhfect to all provisions of thts Certiftcate, the following dosses of insurance: SURETY and LIABILITY as such classes are now or may hereafter be defined in the Insurance Laws of the State of Cdlifomia. Tus Cbrtificatb is expresdy conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the appUoable laws and lowftd requirements made under authority of the laws of the State of Cdiforrda as long as such latos or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter he changed or amended. In Witness Wrebeop, effective as of the 21ST day of MARCH , J975 ,1 have hereunto set my hand and caused my official seal to be affixed diis.. 21SI— day of Fes Bee. No. Filed By WESLEY J. KINDER IcuioanM Ceamlttlotut NOnCEi Quallflcalk)!) with the Seeretaiy of Stale must be acoomplished m requited by the Califotnla CoiporotloosCodelirotnptlyafterUsiianceofthisCertificateofAuthority. Failure to do so will 1^ a violatloa of Ini. Code See. 701 uiid vWII be gruutidi for revoldog this Certificate of Authority punuaat to the covenants nude In the application therefor and llio condlttons contained herein. PbM Ce.k NtM-MT.If MMrtDM' EXHIBIT C Bond Rider Exhibits to A101 Owner Contractor Agreement Exhibit I 2183712.1 GENERAL PURPOSE RIDER To be attached to and form part of Bond Number. issued by the Western Surety Company 30022329 effective October 11. 2017 in the amount of Three Million Three Hundred Eighty One Thousand Eight Hundred Thirty and 00/100 DOLLARS, on behalf of Hal Hays Construction. Inc. as Principal and in favor of City of Palm Springs as Obligee: Now, Therefore, it is agreed that: Amending Bond Amount: From: Three Million Three Hundred Eighty One Thousand Eight Hundred Thirty and 00/100 Dollars 3,381,830.00 To: Four Million Two Hundred Eighteen Thousand Nine Hundred Twenty and 00/100 Dollars 4,218,920.00) Amending Premium Amount; From: Twenty Seven Thousand Seven Hundred Thirty Two and 00/100 Dollars 27,732.00) To:Thirty Three Thousand One Hundred Seventy Three and 00/100 Dollars 33,173.00) It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged. iThie n^rls to be effective the 3rd day of November ^ 2017 n«d, sepl^ and dated this 3rd day of November ^ 2017 Hal Hays Constniction, Inc. Pnncipal) Western Surety Company Surety) Rebecca Haas-Bates Attomey-in-Fact Accepted By: Form F5340 CALIFORNIA ALL-PURPOSE ACKNOWLEDQMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed ttie document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of Orange On 11/03/2017 before me, R. Paramo, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas-Bates NameTf3)^of Slgnef(s^ who proved to me on the basis of satisfactory evidence to be the person(^ whose name{^ Is/at© subscribed to the within instrument and acknowledged to me that IWshe/they executed the same in his/her/their authorized capacitytlaa}, and that by his/her/their slgnaturel^ on the instrument the person^^ or the entity upon behalf of which the person(^ acted, executed the instrument. R. PARAMO Notary Public - California Orange County f Commission # 2204277 r My Comm. Expires Aug 5,2021 y I certify under PENALTY OF PERJURY under the laws of the State of^alifijmiajhat the foregoing paragraph Is true artd-cdrr^L official seal. Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter sdteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: increase Rider Bond No. 30022329 Number of Pages: Oned) Slgner(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas-Bates Corporate Officer — Title(s): Partner — Limited General individual S? Attorney in Fact Trustee Guardian or Conservator Other: Do Signer's Nam cument Date: 11/03/2017 e; n Corporate Officer — Title(s): Partner — Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other Signer Is Representing: Western Surety Company Signer Is Representing: 2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 I1WesternSurelyCompany j POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know AU Men By These Presents, Thai WESTERN SURETY COMPANY, a South Dakota coiporadon, is a duly orBaaized and existing coiponition having its pnncipai ofRcc in the City of Sioux l^Is, and State of South Dakota, and that it docs by virtue of the jignature and seal beran affixed hereby make, constitute and appoint Owen Brown, Richard Adair, William Syrkin, Sergio B Bechara, Margaret Gilmore, Rebecca Haas-Bates, Individually of hvine, CA, Its true and lawful AttomQr(s)-in-Fact with full power and authority hereby confcntd to sign, seal and execute for and on its behalf bonds, undcrtaldngs and other obligatory instrutnents of similar nature In Unlimited Amounts - and to bind it thereby as fully and to thesame extent asifsuch instiuments weresigacd by a duly authorized officer ofthe corporation and all the acts ofsaid Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law piintod on the reverse hereof, duly adopted, as indicated, by the shareholders ofthe corpotatioiL i I In Wltncsi Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hcjrelo affixed on this 9th day ofJune, 2015, WESTERN SURETY COMPANY IT, Bruflat, Vice President State ofSouth Dakota County of Mlimehaha On this 9th day ofJtue, 2015, before me peisotmlly came Paul T. Bniflat, to me known, who, being by me duly sworn, did depose and say; that be resides in the Oty ofSioux Fails. State ofSouth Dakota; that he is the Vice President ofWESTERN SURETY COMPANY described in and which executed the above mstrument; that be knows the seal ofsaid corporation; that the seal affixed to the said mstrument is such corporate seal; that k was so afSxcd pujsuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges sarnc to be the actand deed ofsaid corporadoiL My commission expires ¨ I s. acH \ S, Eich. Notary Public CERTIFICATE I I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Anoin^ hereinabovc set forth is still in foip^ and further certily that the By-Law of the corporation printed on the rcvcrscJicTOf is still in force. In testimoiQr whereof I have beieumo subscribed my name and affixed the seal of the said corporation this 3rd dayo^I''^ % \-/'*''''NoveiIlber , 2017 SURETY COMPANY Z L. Nelson, AssistantSiFormF4280-7-20I2 ^ /wiaiaai Secretary frrr-rr^'* Autborlzlng By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority ofthe following By-Law duly adopted by the shardiolders ofthe Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporadon shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attom^'s in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by ^csimile. S Ci .• o 4 ^ fiit'saiiiSbsi£s^,^at t QALms CITY OF PALM SPRINGS CONTRACT CHANGE ORDER To: Western Surety Company Date:10-8-19 151 North Franklin Street, 17t' Floor Project No:CP 15-05 Chicago, II 60606 Project: Palm Springs Police 951) 788-0703 Dept. Remodel Rebid Change Order No: 23T Attn: Richard Tropp (Benchmark Consulting Services, LLC). CHANGES IN CONTRACT: 1. Furnish and install labor and material for 140 s.y. of carpet tiles for Project 200 Records Staff Office. 2. Furnish and install labor and material for 80 s.y. of carpet tiles for Project 200 corridor, copy area and vestibule. 3. Furnish and install 15 s.y. of carpet tiles, material only for Project 200 Records Supervisor and Lieutenants Offices. 4. Furnish and install 200 U. of floor base and provide labor and material for floor preparation as required. CHANGES IN COST:Total Net Change Order Amount: $9,814.93 REASONS FOR CHANGE: Requested by the Police Department to install new carpet tiles and base in lieu of specified work. The areas shown above did' not include new carpet tiles in the contract documents. The scope of work required the contractor to remove and reuse existing carpet tiles and called for using existing stock material located at the Department for the Supervisor and Lieutenants Offices. The existing carpet was in poor condition and existing stock material was insufficient to cover all areas. CHANGES TO CONTRACT TIME: No days will be added to the contract for the work indicated herein. SOURCE OF FUNDS: 261-1395-59444 i Contract Change Order No. 23T DATE: 10-8-19 Page 2 SUMMARY OF COSTS: Council Approved Amount: $3,381,830.00 Original Completion Date: 184 Calendar Day Previous Change Orders 993,399.05 Previous Days Added 0 This Change Order: 9,814.93 Days Added 0 Revised Contract Amount: $4,385,043.98 Revised Completion 11-1-19 SIGNATURES ON NEXT PAGE] 1 Contract Change Order No. 23T DATE: 10-8-19 Page 3 1 have received a copy of this Change der and the above AGREED PRICES are acceptable to Western Suretv Corng)anv igrlatuVe Date Printed Name and Title City of Palm Springs Recommended Bv: 16 /7 os6ph Putrino/Senior Public Works Date Inspector, Willdan Engineering Recommended Bv: v It cLuTs Fuller,-AWstant City Manager/ Date City Engineer Approved Bv: dDavidH. 49 , City Manager date Attest Bv: 10 ony Meji i Cl iFk Date Distribution: Original Conformed Copy: Conformed - File Copy: Contractor Engineering Pay File 1) APPROVED ByCrly COUNCIL City Clerk Project City File Purchasing Finance E5T 1896 KEMP PROS Change Order Request CONSTRUCTION Project: City of Palm Springs-Police Department Remodel COR: 008.2-T 9 27 2019 9 30 2019 KBCI No.:39001 Date: 10 3 2019 Description: Furnish and install carpet as follows: Records 140 yards,Corridor/Anti Room/Break Room 80.yards,Records Supervisor/Lieutenants 15 yards(material only), Base 300 lineal feet. Exclusions: Subcontractor: See attached Sub Cost Proposal)AMOUNT Southland(Carpet Material) 5,640.00 Southland(Carpet Labor) 2,310.00 Southland(Floor Prep) 1,575.00 Southland(Base Material) 300.00 Southland(Base Labor) 450.00 Southland(COR 006 Floor Prep) 980.00 Contract Scope G:2a r"i , r'L^' 4e= 1 ,tip; ; sc_C,SIS,i Clt:% ,`` r 2,000.00) V OHP 5% $ 462.75 Direct Labor Costs: NAME HOURS RATE AMOUNT Project Manager 122 $ Superintendent 107 $ Project Engineer 96 $ BIM/Project Documentation 78 $ OHP 18% $ Direct Materials,Equipment&Other Costs: ITEM QTY UNIT RATE AMOUNT t OHP 10% $ Cost Recap: AMOUNT Direct Labor,Materials,Equipment&Other Costs Work Performed by Subcontractor(s) 9,717.75 Bond 1% $ 97.18 TOTAL COR VALUE: $ 9,814.93 I i From: Loni Zuschlag<LZuschlag@kempbros.com> Sent: Monday,September 30,2019 4:07 PM To:Joseph Putrino<JPutrino@willdan.com> Cc: Richard W Tropp<rtropp@benchmark-consultina.com>;Joe Lara<ilara@kempbros.com> Subject: RE: PSPD-COR 008-T Hi Joe, Please see the revised COR 008.1-T for the additional carpeting, less a credit for the base bid scope. Thank you J Loni From:Loni Zuschlag Sent: Friday,September 27, 2019 9:47 AM To:Joseph Putrino<JPutrino@willdan.com> Cc: Richard W Tropp<rtropp benchmark-consulting.com>;Joe Lara<jlara@kempbros.com> Subject: PSPD-COR 008-T Good Morning Joe, Please see the attached COR 008—T for the additional carpeting. Thank you, N s_PF_ c Loni Zuschlag, Project h7anager/E5timator q 7 56[.?35_5000 Till:5 Gc.:c•;.:•:i•o CTC m F' ;G2?3G.SG'.fi rjntaF:5pr:rq-y C 562.355AS76 Cah:orma?0670 I I l I 1 t 3 Joseph Putrino From: Joe Lara <jlara@kempbros.com> Sent: Thursday,October 3, 2019 1:18 PM To: Joseph Putrino Cc: Richard W Tropp;Adrian Gonzales; Loni Zuschlag Subject:RE: PSPD-COR 008-T I incorrectly labeled one of the line items under CHANGE. It is revised and identified with ***Revised*** at the end. Thank you, s°F ExcF(,, Joe Lara,Area Superintendent o T 562.236.5000 10 13 5 Geary Avenue F 562.326.SD10 Santa Fe Springs C 562.320.9698 California 90670 s vv,.ke.,npbros.com From:Joe Lara Sent:Thursday, October 3,2019 1:07 PM To:Joseph Putrino<1Putrino@willdan.com> Cc: Richard W Tropp<rtropp@benchmark-consulting_com>;Adrian Gonzales<Agonzales@kempbros.com>; Loni Zuschlag<LZuschlag@kempbros.com> Subject:RE: PSPD-COR 008-T JOe, i In response to our phone conversation, I went back and looked at the drawings and the yardage you are coming up with is still pretty short and doesn't align with what myself of Southland got when we measured, our dimensions also coincide with the dimensions you get when you scale the plans. I do however agree that the 320 yards is partially contractually owed. The break down per plan and what I dimensioned is as follows. CHANGE Records 140 yards ma_terlal a_nd labo j Corridor, Anti Room, Vestibule and portion of break room 80 yards material and labor Records Supervisor and Lieutenants office]5 yards material only, Revised Base '0b LF material and lab'orr, i Carpet Material's 235yards = $5640.00 1 Carpet Labor = $23110.00 Floor Prep to Install (Tile demo at corridor/break room) $1575.00 Base materials 300 LF = $300 Base Install 300 LF = $450 10,275;00 Not included on COR 008.1-T is the floor prep needed to fill in the abandoned cores in the floor which the architect directed us to fill in an RFI. That COR is attached CO#6 for $980 CONTRACT Filing room :50 yards labor andj;materal owed, Records Supervisor and Lieutenants Office i1"5 ,yards labor and material;owed i Report Writing Room 15 yards;labor owed f Carpet Material's 80 yards = $1920 Carpet Labor 95hours = $997.5 Base materials 200 LF = $200 Base Install 200 LF = $300 Trip Charge = $550\ i Totals Totaling all those yards up it equals 315 yard with 5 extra yards unaccounted for. Let me know if you agree with these totals and I will have the COR redone and re-submitted to you. Thank you, FSOF Joe Lara,Area Superintendent T 562.2;6.S000 10135 Gear;/Avenue F 562.326.5010 Sawa Fe Springs C 562.320.9698 California 90670 n•:.kemp ros.Corn 2 EST 1896 M' BR.OS Change Order Request CONSTRUCTION i Project: City of Palm Springs-Police Department Remodel COR: 008.1-T 9 27 2019 KBCI No.:39001 Date: 9 30 2019 Description: Furnish and install additional carpettile. Exclusions: Subcontractor: See attached Sub Cost Proposal)AMOUNT Southland Flooring 14,415.00 Credit for base bid scope 1,800.00) OHP 5%1 630.75 Direct Labor Costs: NAME HOURS RATE AMOUNT Project Manager 122 $ Superintendent 107 $ Project Engineer 96 $ BIM/Project Documentation 78 $ OHP 18% $ Direct Materials, Equipment&Other Costs: CITY UNIT RATE AMOUNT ITEM OHP 10% $ Cost Recap: AMOUNT Direct Labor,Materials,Equipment&Other Costs Work Performed by Subcontractor(s) 13,245.75 Bond 1% $ 132.46 TOTAL COR VALUE: $ 13,378.21 Ck!_ r 1 , Date: Change Order 6/25/2019 SOUTH LAN D FLOORING g To: Request Suite E RALPH RODRIGUEZ S Red Hill Ave 3075 Suite CustonterPO: Tustin, CA 92780 Job No: 1901 CONTRACT Phone 714-937-5396 Fax 714-937-5249 Request#: 5 CO#: 0 Invoice To: Job Name. KEMP BROS. CITY OF PALM SPRINGS POLICE DEPT. 10135 GEARY AVENUE 200 S.CIVIC DRIVE SANTA FE SPRINGS,CA 90670 PALM SPRINGS,CA RALPH RODRIGUEZ Phone: Cell: Pager: Fax: i From: jProject Manager: stirs:ator: Dave Jaramillo Description of Change Order Request: ADDTIONAL CARPET TILE ADDTIONAL CARPET TILE ADD MANUFACTURER: STYLE: COLOR NAME: 1COLOR NUMBER: UOM. QUANTITY UNIT PRICE.TOTAL PRICE: 1 MAN*aNGTON TSN CARPET TILE,ADITESIVE AND TAXES(320 SY)- SOUTI-ILAND FLOORING INC EACH EACH SY 320.00 24.000 7,680.00 2 LABOR TO INSTALL CARPET TILE INCLUDING PREVAILING WAGE(320 SY)- SOUTHLAND FLOORING INC 1 EACH I EACH SY 320.00 10.500 3,360.00 3 FLOOR PREP REQUIRED TO INSTALL(15 EA)- SOUTHLAND FLOORING INC EACH 1 EACH EA 15.00 105.000 1,575.00 4 BURKE BLACK BROWN WALL BASE INCLUDEING TAXES AND ADHESIVE(500 LF)- SOUTHLAND FLOORING INC 1 EACH I EACH LF 500.00 1.000 500.00 5 LABOR TO INSTALL WALL BASE IBCLUDING PREVAILING WAGES(500 LF)- SOUTHLAND FLOORING INC 1 EACH EACH LF 500.00 1500 750.00 6 TRIP CHARGE(I EA)- SOUTHLAND FLOORING INC 1 EACH EACH EA 1.00 550.000 550.00 Total ADD 14,415.00 58,602.64 Total GThis Option-Tax Included : 14,415.00 7;TTL .. -' Ci%1 iUCir i' `-e3 U r/r C25. ,%.. c/^C G 7,. r / ' a, Page I of 27/1/2019 G•' ,'' f cJ C jiJ i ` _> 71