HomeMy WebLinkAboutA7029 - CONDOR IncTo: Condor, Inc.
300 Durfee Ave.
El Monte, CA 91732
CHANGES IN WORK;
New Items:
A . Deck Anchors
CITY OF PALM SPRINGS
CONTRACT CHANGE ORDER
Date:
Project No:
Project:
Change Order
Purchase Order
December 22, 2017
16-06
Swim Center RePiaster/Repalr
One (1)
18-0714
At the request of Swim Center staff the contractor was asked to provide pricing for installing equipment
anchors in the pool deck. The Contractor will core drill the pool decking and install nine (9) equipment anchors
(anchors provided by City}, at various locations as directed. This new item of work Is inclusive of all labor,
materials and equipment necessary to complete the wo rk, including but not necessarily l imited to, coring the
existing pool deck, setting anchors in place vertically at deck elevation, installation of bonding clamps and wire,
ins tall a tion of cementiUous setting materials and any other appurtenant labor or materials as needed to install
the anchors. This work wi ll be performed at the Lump Sum/Agreed Price of$3,416.00.
B. Provide and Install 30 New Light Rings
Existing pool lighting fixtures were installed without mounting rings leaving underwater pool light un-secure.
The Contractor will provide and install new light rings that can be used to properly attach the existing
underwater light fixtures. This new item of work is inclusive of all labor, materials and equipment necessary to
complete the work, including but not necessarily limited to, providing new brass light rings for all existing
fixtures, installation of bonding w ire, and all other fasteners , inserts, setting materials and any other
appurtenant labor, materials or equipment as needed to install and bond the light rings in accordance wi th all
applicable Industry standards. This work will be completed at the Lump Sum/Agreed Price of $6,617 .00 .
C . Remove and Re-Install (30} Liglht Fixtures Bondling Fixtures to Deck Pull Boxes
Existi ng pool li ght fixtures were installed w ithout bonding wires. Bonding is the practice of intentionally
electrically connecting exposed metallic items not designed to carry electricity as a protection from electric
shock. The Contractor will bond all existing underwater lighting fixtures by installing bonding wire from the
underwater light fixtures to the nearest deck pull box. The Contractor will also replace electrical cables for light
cables that are too short to be placed on the pool deck for service. This item also includes the full replacement
of five (5) LED light fixtures and light cables that are inoperable. This new item is inclusive of removal of the
light fi xtures. installation of bonding wires, extens ion of light cables where necessary, supplyi ng and Installing 5
new fixtures, including niche compounds, mechanicai iUJgs, wire pu lling, and any other appurtenant labor,
06
Contract Change Order No. 001
DATE: 12122117
Page2
materials or equipment necessary to complete the in accordance with all applicable codes and industry
standards. This work will be performed at the Lump Sum/Agreed Price of $8,670.00
D. Remove and Replace Bulkhead and Handrail Anchors
Prior to re-installing the existing bulkhead it is necessary for the anchors that hold the bulkhead down to be
removed and replaced. The existing anchors are oxidized, bent and in various states of disrepair. Some
handrail anchors are in the same condition and require removal and replacement with new escutcheon plates.
ihls new item of wo~r< is inclusive of aU laboi, materials and equipment nscessar; to complete the work,
including but necessarily limited to core drilling to remove the old anchors, replacement utilizing 5/8" x 4 W Hilti
anchors, installation of bronze wedge anchors, installation of any required bonding clamps and bonding wires,
installation of stainless steel escutcheon plates, cemenlitious setting materials and any other appurtenant labor
or materials. This work will be performed at the Lump Sum/Agreed Price of $2,070.00.
E. New Handrail
The handrail at the entry into the shallow end is bent and in poor condition. It will be replaced at the Lump
Sum/Agreed Price of $424.00.
Note: All items are inclusive of all applicable mark ups and no additional compensation will be made for the
completion of the additional work indicated herein.
CHANGES IN COST:
New Items:
Item Description Quantity Unit Unit Cost
A Deck Anchors 1 I~ $3 928.40 M ~~
B LiQht Rings 1 LS $7 609.55
c Lighting Bonding/Replacement 1 LS $9,970.50
D RIR Bulkhead and Rail Anchors 1 LS $2 380.50
E New Hand Rail 1 LS $424.00
Total $24,312.95
Total Net Change Order Amount: $24,312.95
CHANGES TO CONTRACT TIME:
Five (5) Working Days will be added to the contract for the work indicated herein. It is agreed that agreed
completion date of January 5, 2018 will not be delayed in order to complete this work.
07
Contract Change Order No. 001
DATE: 12/22117
Page 3
SOURCE OF FUNDS:
$25,558.95 will be debited from account No. 261-1395-59490
~$. 2.'\ ~ f2., "'! S"
SUMMARY OF COSTS:
Original Contract Amount:
This Change Order:
Previous Change Order(s):
Revised Contract Amount:
$
$
$
$
384,000.00
24,312.95
0.00
408,312.95
Original Completion
Days Added
Previous Days Added:
Revised Completion
[SIGNATURES ON NEXT PAGE]
30 Days
5
0
35 Days
08
Contract Change Order No. 001
DATE: 12/22/17
Page4
I have received a copy of this Cha~~GREED PRICES are acceptable lo
Condor. Inc. ~ 1.-I 1-'IB
Citv of Palm Sprinas
Recommended Bv:
~"'\tl-•' ,,
Aooroved Bv:
Attest Bv:
Distribution:
Original Conformed Copy:
Contractor ( 1 )
City Clerk ( 1 )
Signature-Date
E:Ae.t. W~f?S . ~~c,. /'l'~iatS .
Printed Name and Title I
Conformed-File Copy:
Engineering Pay File (1)
Project City File (1)
Purchasing (1)
Finance (1)
cJJ'i-APPROVED BY CI1Y M~AGER
tlt J. 24,? 12 /.fS A 1{)}1
1-.&o-l8"
Date
Date
09
AGREEMENT
(CONSTRUCTION CONTRACT)
THIS AGREEMENT made this Oday of Of , 2017, by and between
the City of Palm Springs, a charter city, organized and existing in the County of Riverside,
under and by virtue of the laws of the State of California, hereinafter designated as the
City, and Condor. Inc... a California Corporation hereinafter designated as the Contractor.
The City and the Contractor, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
ARTICLE 1 -- THE WORK
For and in consideration of the payments and agreements to be made and performed by
City, Contractor agrees to furnish all materials and perform all work required to complete
the Work as specified in the Contract Documents, and as generally indicated under the
Bid Schedule(s) for the Project entitled:
PALM SPRINGS SWIM CENTER REPLASTER AND POOL REPAIR PROJECT REBID
CITY PROJECT NO. 16-06
The scope of work identified in the original bid documents advertised on June 8,
2017 has changed. The amended scope of work for the replastering and pool repairs at
the Palm Springs Swim Center located at 405 S. Pavilion Way includes draining, removing
and reinstalling the bulk -head, surface preparation, crack and leak repairs, plastering,
minor tile work (as needed), curing, clean-up, and filing of the pool.
ARTICLE 2 -- COMMENCEMENT AND COMPLETION
The Work to be performed under this Contract shall commence on the date specified in
the Notice to Proceed by the City, and the Work shall be fully completed within the time
specified in the Notice to Proceed.
The City and the Contractor recognize that time is of the essence of this Agreement, and
that the City will suffer financial loss if the Work is not completed within the time Spec ied
in Article 2, herein, plus any extensions thereof allowed in accordance with applicable
provisions of the Standard Specifications, as modified herein. They also recognize the
delays, expense, and difficulties involved in proving in a legal proceeding the actual loss
suffered by the City if the Work is not completed on time. Accordingly, instead of requiring
any such proof, the City and the Contractor agree that as liquidated damages or delay
(but not as a penalty), the Contractor shall pay the City the sum specified in Section 6-9 of
the Special Provisions for each calendar day that expires after the time specified in Article
2, herein. In executing the Agreement, the Contractor acknowledges it has reviewed the
provisions of the Standard Specifications, as modified herein, related to liquidated
damages, and has made itself aware of the actual loss incurred by the City due to the
inability to complete the Work within the time specified in the Notice to Proceed.
DUPLICATE
PALM SPRINGS SWIM CENTER REPLASTER ORIGINAL
AND POOL REPAIR PROJECT REBID
CITY PROJECT NO. 16-06 AGREEMENT FORM
AUGUST 3, 2017 AGREEMENT AND BONDS - PAGE 1
ARTICLE 3 -- CONTRACT PRICE
The City shall pay the Contractor for the completion of the Work, in accordance with the
Contract Documents, in current funds the Contract Prices) named in the Contractor's Bid
Proposal and Bid Schedule(s), and any duly authorized Construction Contract Change
Orders approved by the City. The amount of the initial contract award in accordance with
the Contractor's Bid Proposal is Three Hundred Eighty Four Thousand Dollars
($384,000).
Contractor agrees to receive and accept the prices set forth herein, as full compensation
for furnishing all materials, performing all work, and fulfilling all obligations hereunder.
Said compensation shall cover all expenses, losses, damages, and consequences arising
out of the nature of the Work during its progress or prior to its acceptance including those
for well and faithfully completing the Work and the whole thereof in the manner and time
specified in the Contract Documents; and, also including those arising from actions of the
elements, unforeseen difficulties or obstructions encountered in the prosecution of the
Work, suspension of discontinuance of the Work, and all other unknowns or risks of any
description connected with the Work.
ARTICLE 4 -- THE CONTRACT DOCUMENTS
The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the
prevailing rate of per diem wages as determined by the Director of the California
Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of
Subcontractors, Local Business Preference Program -- Good Faith Efforts, Non -
Discrimination Certification, Non -Collusion Declaration, Bidder's General Information, Bid
Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance
Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, and all
Construction Contract Change Orders and Work Change Directives which may be
delivered or issued after the Effective Date of the Agreement and are not attached hereto.
ARTICLE 5 -- MUTUAL OBLIGATIONS
For and in consideration of the payments and agreements to be made and performed by
the City, the Contractor agrees to furnish all materials and perform all work required for
the above stated project, and to fulfill all other obligations as set forth in the aforesaid
Contract Documents.
City hereby agrees to employ, and does hereby employ, Contractor to provide the
materials, complete the Work, and fulfill the obligations according to the terms and
conditions herein contained and referred to, for the Contract Price herein identified, and
hereby contracts to pay the same at the time, in the manner, and upon the conditions set
forth in the Contract Documents.
PALM SPRINGS SWIM CENTER REPLASTER
AND POOL REPAIR PROJECT REBID AGREEMENT FORM
CITY PROJECT N0.16-06 AUGUST 3, 2017 AGREEMENT AND BONDS - PAGE 2
Contractor specifically acknowledges and agrees to be bound by the Wage Rates and
Labor Code requirements specified in the Contract Documents, including the requirement
to furnish electronic certified payroll records directly to the Labor Commissioner (via the
Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per
diem wages as determined by the Director of the Department of Industrial Relations of the
State of California.
ARTICLE 6 -- PAYMENT PROCEDURES
The Contractor shall submit Applications for Payment in accordance with the Standard
Specifications as amended by the Special Provisions. Applications for Payment will be
processed by the City Engineer as provided in the Contract Documents.
ARTICLE 7 — NOTICES
Whenever any provision of the Contract Documents requires the giving of a written Notice
between the parties, it shall be deemed to have been validly given if delivered in person to
the individual or to a member of the firm or to an officer of the corporation for whom it is
intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the
last business address known to the giver of the Notice.
ARTICLE 8 — INDEMNIFICATION
The Contractor agrees to indemnify and hold harmless the City, and all of its officers and
agents from any claims, demands, or causes of action, including related expenses,
attomey's fees, and costs, based on, arising out of, or in any way related to the Work
undertaken by the Contractor hereunder. This Article 8 incorporates the provisions of
Section 7-15 "Indemnification," of the Special Provisions, which are hereby referenced
and made a part hereof.
Prevailing Wages. Contractor agrees to fully comply with all applicable federal and
state labor laws including, without limitation California Labor Code Section 1720, et
seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section
16000, et seq. ("Prevailing Wage Laws"). Contractor shall bear all risks of payment or
non-payment of prevailing wages under Califomia law, and Contractor hereby agrees to
defend, indemnify, and hold the City, its officials, officers, employees, agents and
volunteers, free and harmless from any claim or liability arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws.
ARTICLE 9 -- NON-DISCRIMINATION
In connection with its performance under this Agreement, Contractor shall not
discriminate against any employee or applicant for employment because of race,
religion, color, sex, age, marital status, ancestry, national origin, sexual orientation,
gender identity, gender expression, physical or mental disability, or medical condition.
Contractor shall ensure that applicants are employed, and that employees are treated
during their employment, without regard to their race, religion, color, sex, age, marital
status, ancestry, national origin, sexual orientation, gender identity, gender expression,
PALM SPRINGS SWIM CENTER REPLASTER
AND POOL REPAIR PROJECT REBID
CITY PROJECT NO.16-06 AGREEMENT FORM
AUGUST 3. 2017 AGREEMENT AND BONDS - PAGE 3
physical or mental disability, or medical condition. Such actions shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
ARTICLE 10 -- MISCELLANEOUS
Terms used in this Agreement which are defined in the Standard Specifications and the
Special Provisions will have the meanings indicated in said Standard Specifications and
the Special Provisions. No assignment by a party hereto of any rights under or interests
in the Contract Documents will be binding on another party hereto without the written
consent of the party sought to be bound; and specifically, but without limitation, monies
that may become due and monies that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and unless
specifically stated to the contrary in any written consent to an assignment, no assignment
will release or discharge the assignor from any duty or responsibility under the Contract
Documents.
The City and the Contractor each binds itself, its partners, successors, assigns, and legal
representatives, to the other party hereto, its partners, successors, assigns, and legal
representatives, in respect of all covenants, agreements, and obligations contained in the
Contract Documents.
SIGNATURES ON NEXT PAGE
PALM SPRINGS SWIM CENTER REPLASTER
AND POOL REPAIR PROJECT REBID AGREEMENT FORM
CITY PROJECT NO. 16-06 AUGUST 3, 2017 AGREEMENT AND BONDS - PAGE 4
IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be
executed the day and year first above written.
CITY OF PALM SPRINGS,
CALIFORNIA
.141BY i
David H. Rea
City Manager
ATTEST:
By ILIAM�
Kathleen D. Hart
Interim City Clerk
APPROVE OFOR
By
Edward Z. Kotkin
City Attorney
RECOMMENDED:
By
/—'-
ThorAas Garcia, P.E.
City Engineer
APPROVED BY THE CITY COUNCIL:
Date I I -* I . �
Agreement No. Ia o"I
PALM SPRINGS SWIM CENTER REPLASTER
AND POOL REPAIR PROJECT REBID AGREEMENT FORM
CITY PROJECT NO. 16-06 AGREEMENT AND BONDS - PAGE 5
AUGUST 3. 2017
CONTRACTOR
By: Condor Inc.. a California Corporation
Firm/Company Name
By* By
Signature (notarized)
Name: TkD &Ss
Title: �3f D1� �
Name: VA Vl]1;155
Title: stz k�'( f `1-&-ArSu4k
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of
that document.
(This Agreement must be signed in the above
space by one having authority to bind the
Contractor to the terms of the Agreement.)
State of C kU
County of LV ss
On
before me, C
personally appeared
who proved to me on the basis of satisfactory
evidence to be the person(pr whose name(e
islpKsubscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(,
and that by his/her/their signaturesX on the
instrument the personK or the entity upon behalf
of which the person' acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my ha d official seal.
Notary Signature a6vc.1 «
MARIA ALEGRIA A. CHAN
Notary Sal Commission #t 2098193
Notary Public - California s
Los Angeles County
(This Agreement must be signed in the above
space by one having authority to bind the
Contractor to the terms of the Agreement.)
State of A
County of ss
On Ck- 2. Z oil
before me, /4rGt= & AA A - PM-oh4
personally appeared VC116L 11UF15,�
who proved to me on the basis of satisfactory
evidence to be the person whose name('
is/are subscribed to the within instrument and
acknowledged to me that h_e/shelthey executed
the same in his/her/their authorized capacity(iei
and that by his/her/their signatures�W on the
instrument the person(s , or the entity upon behalf
of which the person(a) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Notary Signature: 016e, —
Notary Seal: ]is MARIA ALEGRIA A. CHAN
Commission # 2090193
zNotary Public - California
VLos Angeles County
PALM SPRINGS SWIM CENTER REPLASTER
AND POOL REPAIR PROJECT REBID PAYMENT BOND
CITY PROJECT NO. 16-06 AGREEMENT AND BONDS - PAGE B
AUGUST 3, 2017