SECOND AMENDMENT TO
CONTRACT
[Plaza Park Fountain Tile Repair Services]
THIS SECOND AMENDMENT TO CONTRACT (the “ Second Amendment to Contract”) is made and ente red into as of ___ ___________, 20 __ (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), CHARLES MC CANDLESS TILE CONTRACTOR, INC., a California corporation (“Contractor”), with reference to the following.
A. City and Contractor entered into a Contract (Agreement No. 7484) dated as of April 12, 2023, which is incorporated herein by this reference (the “Original Contract”); and
B. City and Contractor amended the Original Contract to increase the compensation by a First Amendment to the Contract (Agreement No. 7484.1) dated November 28, 2023, which is incorporated herein by this reference (the “First Amendment”); and
C. City and Contractor desire to modify, amend and supplement certain portions of the Original Contract by revising the Scope of Work and increasing the compensation.
NOW, THEREFORE, the parties hereby agree as follows:
Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Contract.
Section 2. Cross-References. City and Contractor agree that all references in this First Amendment are deemed and construed to refer to the Original Contract, as implemented by this First Amendment.
Section 3. Revised Work Performed . The Contractor’s Proposal as referenced in Article 1 of the Original Contract, is hereby amended, modified and supplemented to include the services described on Exhibit A attached hereto and incorporated herein by this reference.
Section 4. Compensation. Article 3 of the Original Contract is hereby amended to increase the total not -to-exceed compensation for the services to be rendered by FORTY-SIX THOUSAND FIVE HUNDRED FIFTY-NINE DOLLARS and 36/100 ($46,559.36) and Sections
3.a and 3.c are hereby amended in their entirety to read as follows:
“a. Contractor agrees to receive and accept an amount not to exceed SEVENTY-TWO THOUSAND NINE HUNDRED NINE DOLLARS and
36/100 ($72,909.36) as compensation for furnishing all materials and doing all the Work contemplated and embraced in this Contract. Said compensation covers (1) all loss or damage arising out of the nature of the Work, from the acts of the elements; (2) any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by City, other than as provided below; (3) all risks of every description connected with the Work; (4) all expenses incurred by or in consequence of the suspension or discontinuance of the Work; and (5) well and faithfully completing the Work, and for the who le thereof, in the manner and according to the Plans and Specifications, and requirements of the Authorized City Representative under them. Retention amounts shall be withheld from progress payments as required by law unless Contractor provides securities in lieu of retention.”
“c. The total amount of compensation under this Contract, including contingencies, shall not exceed SEVENTY-SIX THOUSAND FIVE HUNDRED FIFTY-NINE DOLLARS and 36/100 ($76,559.36).”
Section 5. Integration. This Second Amendment amends, as set forth herein, the Original Contract and, except as specifically amended hereby, the Original Contract shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Second Amendment and the terms and provisions of the Original Contract, the terms and provisions of this Second Amendment shall control and govern the rights and obligations of the parties.
[Remainder of page intentionally left blank; signatures on next page]
IN WITNESS of this Contract, the parties enter into this Contract on the year and day first above written.
“CONTRACTOR” “CITY”
CHARLES MC CANDLESS TILE CITY OF ORANGE, a municipal corporation CONTRACTOR, INC., a California corporation
By:
*By: Daniel R. Slater, Mayor
Printed Name:
Title:
ATTEST:
*By:
Printed Name:
Title:
Pamela Coleman
APPROVED AS TO FORM:
Nathalie Adourian
Senior Assistant City Attorney
*NOTE: If CONTRACTOR is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.
√
cm CHARLES McCANDLESS TILE CONTRACTOR, INC. (714) 542-4433 636 POINSETTIA STREET . SANTA ANA . CALIFORNIA 92701 . FAX (714) 542-0628
Ceramic Tile . Quarry Tile . Specialties - e-mail: [email protected] STATE LICENSE NO 196900 DIR Registration #1000003364
QUALITY IN TILE SINCE 1924
November 16, 2023: REVISED 11/21/23
City of Orange
Attn: Nathan Bluhm / Robert Ambriz Jr
W
e propose to furnish and install all tile and material necessary for the proper completion of the tile work in the Orange Plaza Fountain project For the sum of: TOTAL - $ 69,599.42 .
$18,250.00:
- Original plaza fountain tile scope per bid proposal dated 4/3/23.
$26,549.42:
- Cost to purchase tile from California Pottery & Tile Works per proposal dated 4/26/23.
$24,800.00:
-
The City’s conservator, RLA Conservation LLC, for the project documented and label 12 intact tiles recommended for replacement through this restoration project. - Lump sum cost for removal & installation of individual field tiles as selected by RLA.
Total of (124 tiles).
Respectfully submitted,
Charles McCandless Tile Contractor, Inc.
Mark McCandless
President
[email protected]
Exhibit A: Page 1 of 6
cm CHARLES McCANDLESS TILE CONTRACTOR, INC. (714) 542-4433 636 POINSETTIA STREET . SANTA ANA . CALIFORNIA 92701 . FAX (714) 542-0628
Ceramic Tile . Quarry Tile . Specialties - e-mail: [email protected] STATE LICENSE NO 196900 DIR Registration #1000003364
QUALITY IN TILE SINCE 1924
City of Orange
Nathan Bluhm 4/3/23
We propose to furnish and install all tile and material necessary for the proper completion of the tile work in the Orange Circle Fountain Tile Repair job. for the sum of : $18,250.00 Price subject to review after 30 days.
- Qualifications:
Provide labor, equipment, and setting materials to repair the fountain tile damaged by car crash on 3/13/23 and as shown of the fountain plan sheet emailed to me on 3/23/23. Scope of work to be isolated to an approximate 12’ radius area of the fountain wall.
Bid is for labor and setting materials only at this time. California Pottery will supply cost to match the existing fountain tile per job site meeting on 3/28/23. They have received tile samples from Nathan and are currently testing color & glazes. I will provide the pricing for the tile once I receive from California Pottery.
Excludes: Any other tile work or patchwork to the existing fountain other than noted above.
Includes: Union labor / prevailing wage rates.
- Scope of work as follows:
Remove damaged tile, grout, and setting bed to sufficiently tie back to the existing tile pattern. Install new mortar setting bed, tile, and grout to match the existing tile pattern. Haul away any trash generated by our work or deposit into dumpsters if available. Clean up work area after our work is complete (final cleaning by City).
Exhibit A: Page 2 of 6
cm CHARLES McCANDLESS TILE CONTRACTOR, INC. (714) 542-4433 636 POINSETTIA STREET . SANTA ANA . CALIFORNIA 92701 . FAX (714) 542-0628
Ceramic Tile . Quarry Tile . Specialties - e-mail: [email protected] STATE LICENSE NO 196900 DIR Registration #1000003364
QUALITY IN TILE SINCE 1924
- Setting materials / Installation process:
Float / plaster fountain wall using ‘Quickcrete Wall Float’ product. Direct bond to concrete using thinset slurry. Approx ¾” thickness to match existing.
Set tile using Custom Building Products ‘ProLite’ thinset mortar.
Grout tile using white cement grout to match. I will have the existing grout tested from Custom Building Products to determine make-up and correct match.
Provide final clean wash of the fountain tile patch area only.
- Exclusions:
Structural concrete, rebar, and form work for the fountain wall structure. Dumpster for trash removal (if not provided we will haul away our trash). Any work to the existing fountain basin or the existing tile not directly affected by the accident (12’ radius area) or noted above. Temporary barricades, fencing, and/or caution tape to safe off area from public. Construction toilets for daily use by workers. Off-hours work (work to take place M-F, 7am – 3pm). Installation of the new waterproof fountain coating. Media blast or removal of the existing blue waterproof fountain coating. Final cleaning, prep, and wipe down of the entire fountain area to prepare for re-filling and system start-up (by city).
- ALTERNATE: $TBD:
Cost to supply fountain tile from California Pottery. Tile to match existing as best as possible. Exact color match, finish, and patina cannot be guaranteed due to the age of the existing fountain tile. Samples to be provided for approval.
* Proposal price may be subject to change due to tariffs on tile. * Our bond rate is 1.5% and is not included in our bid unless otherwise noted. * We do not provide AS Built/Shop Drawings unless otherwise noted. * Please ADD a minimum charge of $ 250.00 for any outside payment service (i.e. Textura) if required.
Respectfully submitted,
Charles McCandless Tile Contractor, Inc.
Mark McCandless
[email protected]
Exhibit A: Page 3 of 6
Office: (714) 542-4433
General Contractor: GC CO #:
Contact: Subcontractor COR #: 6500
Date Submitted: Submitted By: Mark McCandless
Project Name:
Description of Work:
Labor Classification Quantity Units Labor Rate Total
hrs x $/hour -$
hrs x $/hour -$
hrs x $/hour -$
hrs x $/hour -$
-$
Item Quantity Units Unit price Total
Tile -6P Blue 80 pieces x 12.00$ 960.00$
Tile -36P Blue 140 pieces x 18.00$ 2,520.00$
Tile -4P Orange 180 pieces x 8.00$ 1,440.00$
Tile -36P Orange 140 pieces x 12.50$ 1,750.00$
Tile -4P Orange Diamond 140 pieces 8.00$ 1,120.00$ Tile -4P Burgundy 40 pieces x 8.00$ 320.00$
Tile -36P Burgundy 80 pieces x 12.50$ 1,000.00$
Tile -36P Light Green 240 pieces x 12.50$ 3,000.00$ Tile -16P Beige 80 pieces x 10.00$ 800.00$
-$
-$
Subtotal: 12,910.00$
Tax Rate 9.50%
14,136.45
Item Quantity Units Unit price Total
Color Test 5 units x 1,200.00$ 6,000.00
Molding 1 unit x 2,500.00$ 2,500.00
Truck & Equipment 1 day x 450.00$ 450.00
8,950.00
23,086.45
3,462.97
Total Invoice Amount: 26,549.42
4/26/2023
Mark McCandless, Project Manager Date
Charles McCandless Tile Contractor, Inc.
636 Poinsettia St.
Santa Ana, CA 92701
LABOR
Change Order Request
Tile purchase and pick up from Los Angeles - CA Pottery & Tile Works - **Revised Quantities 4/26/2023 City of Orange - Orange Plaza Fountain
Nathan Bluhm
City of Orange
4/26/2023
Total Labor
Total Material
Total Other
MATERIAL
Other:
SubTotal Labor, Material, Equipment
Overhead and Profit 15%
Mark McCandless
Exhibit A: Page 4 of 6
Project Terms and conditions: Project will commence upon receipt of payment.
Please Make Checks Payable To; California Pottery & Tile Works INC California Pottery and Tile Works (1)
5843 Towne Ave
Los Angeles, CA 90003
(323) 235-4151
[email protected]
www.calpot.com
Estimate
ADDRESS
MARK
CHARLES McCANDLESS TILE
636 POINSETTIA ST.
P.O.BOX 927
SANTA ANNA, CA 92702
SHIP TO
.
ESTIMATE # DATE
6521 04/25/2023
SHIP VIA REP P.O NO.
PICK UP SM ORANGE FOUNTAIN
ACTIVITY DATE QTY RATE AMOUNT
ORANGE FOUNTAIN PROJECT
BLUE TILE
6P
5-7/8" x 5-7/8" FIELD TILE
80 12.00 960.00T
36P
3x6 FIELD TILE SBN TRIM
140 18.00 2,520.00T
.
ORANGE TILE
4P
4-1/4" x 4-1/4" FIELD TILE
180 8.00 1,440.00T
36P
2-7/8" x 6" FIELD TILE
140 12.50 1,750.00T
4P
4-1/4" x 4-1/4" FIELD TILE DIAMOND ( 1/2 TILE
/ DIAMOND ACCENT )
140 8.00 1,120.00T
.
BURGANDY TILE
4P
4-1/4" x 4-1/4" FIELD TILE
40 8.00 320.00T
36P
2-7/8" x 6" FIELD TILE
80 12.50 1,000.00T
.
LIGHT GREEN
36P
2-7/8" x 6" FIELD TILE
240 12.50 3,000.00T
.
BEIGE TILE
E
xhibit A: Page 5 of 6
Project Terms and conditions: Project will commence upon receipt of payment.
Please Make Checks Payable To; California Pottery & Tile Works INC
ACTIVITY DATE QTY RATE AMOUNT
16P
1" x 6" FIELD TILE
80 10.00 800.00T
.
TEST
COLOR TEST TO MATCH EXISTING AS CLOSE
AS POSSSIBLE
5 1,200.00 6,000.00
MOLD
MOLDING CHARGE
1 2,500.00 2,500.00
SUBTOTAL 21,410.00
TAX (0.095) 1,226.45
TOTAL $22,636.45
Accepted By Accepted DateE
xhibit A: Page 6 of 6