AGR-7484.2 - CHARLES MC CANDLESS TILE CONTRACTOR INC - SECOND AMENDMENT PLAZA PARK FOUNTAIN TILE REPAIR SERVICES - JAN 9, 2024DocuSign Envelope ID:F3438072-5A4E-43F9-BE53-A26F5186909A
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AGR-7484.2F
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SECOND AMENDMENT TO
CONTRACT
Plaza Park Fountain Tile Repair Services]
THIS SECOND AMENDMENT TO CONTRACT (the "Second Amendment to
Contract") is made and entered into as of January 9 2024 ("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
DocuSign Envelope ID:F3438072-5A4E-43F9-BE53-A26F5186909A
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 whole 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]
DocuSign Envelope ID:F3438072-5A4E-43F9-BE53-A26F5186909A
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 DocuSigned by:
DocuSigned by: i te. suMNt ^
A ( t fS By: flr R777A2n417
By: 791M114rcAA14na Daniel R. Slater,Mayor
Printed Name: Mark Mc Candless
Title: President
DocuSigned by:
t , li d ATTEST:
n DocuSigned by:By•CFDD670 5CD540C...
Printed Name: Peter J. Lickl
Title: Secretary/Treasurer Da2REDrgagGce3e
Pamela Coleman
APPROVED AS TO FORM:
DocuSlgned by:
1lj li2a/1
cnran7ncfA754HA
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.
DocuSign Envelope ID:F3438072-5A4E-43F9-BE53-A26F5186909A Exhibit A: Page 1 of 6
CI mmi CHARLES McCANDLESS TILE CONTRACTOR, INC. (714)542-4433
E n 636 POINSETTIA STREET •SANTA ANA • CALIFORNIA 92701 • FAX (714)542-0628
Ceramic Tile• Quarry Tile• Specialties -e-mail:Mark@McCandlessTile.com STATE LICENSE NO 196900
DIR Registration#1000003364
November 16, 2023: REVISED 11/21/23
City of Orange
Attn: Nathan Bluhm/Robert Ambriz Jr
We 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 124
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
Mark@McCandlessTile.com
QUALITY IN TILE SINCE 1924
DocuSign Envelope ID:F3438072-5A4E-43F9-BE53-A26F5186909A
Exhibit A: Page 2 of 6
IN
CH NNE CHARLES McCANDLESS TILE CONTRACTOR, INC. (714)542-4433
E n 636 POINSETTIA STREET •SANTA ANA • CALIFORNIA 92701 • FAX (714) 542-0628
Ceramic Tile• Quarry Tile• Specialties -e-mail:Mark@McCandlessTile.com STATE LICENSE NO 196900
DIR Registration#1000003364
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).
QUALITY IN TILE SINCE 1924
DocuSign Envelope ID:F3438072-5A4E-43F9-BE53-A26F5186909A
Exhibit A: Page 3 of 6
U
iMECHMN CHARLES McCANDLESS TILE CONTRACTOR, INC. (714)542-4433
N E 636 POINSETTIA STREET •SANTA ANA • CALIFORNIA 92701 • FAX(714)542-0628
Ceramic Tile• Quarry Tile• Specialties -e-mail:Mark@McCandlessTile.com STATE LICENSE NO 196900
DIR Registration#1000003364
Setting materials/Installation process:
Float/plaster fountain wall using `Quickcrete Wall Float' product. Direct bond to concrete using thinset
slurry. Approx 3/4"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. Texture)if required.
Respectfully submitted,
Charles McCandless Tile Contractor, Inc.
Mark McCandless
mark@mccandlesstile.com
QUALITY IN TILE SINCE 1924
DocuSign Envelope ID:F3438072-5A4E-43F9-BE53-A26F5186909A
Exhibit A: Page 4 of 6
MCCANDLESS TILE Charles McCandless Tile Contractor,Inc.
QualitySince 1924 636PoinsettiaSt.
Santa Ma,CA 92701 Office:(714)542-4433
General Contractor: City of Orange GC CO#:
Contact: Nathan Bluhm Subcontractor COR#: 6500
Date Submitted: 4/26/2023 Submitted By:Mark McCandless
Project Name: City of Orange-Orange Plaza Fountain
Description of Work: Tile purchase and pick up from Los Angeles-CA Pottery&Tile Works-**Revised Quantities 4/26/2023
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LABOR
Labor Classification Quantity Units Labor Rate Total
hrs x hour $
hrs x hour $
hrs x hour $
hrs x hour $
Total Labor $
MATERIAL
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%
Total Material 14,136.45
Other:
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
Total Other 8,950.00
SubTotal Labor,Material,Equipment 23,086.45
Overhead and Profit 15% 3,462.97
Total Invoice Amount: 26,549.42
fh a & 4/26/2023
Mark McCandless,Project Manager Date
DocuSign Envelope ID:F3438072-5A4E-43F9-BE53-A26F5186909A
Exhibit A: Page 5 of 6
California Pottery and Tile Works(1) Esti mate_
5843 Towne Ave CALIfORRIALosAngeles,CA 90003
323)235-4151 POTTERY
calpot.sales@gmail.com
www.calpot.com ARD TILE
WORKS
ADDRESS SHIPTO
MARK
CHARLES McCANDLESS TILE
636 POINSETTIA ST.
P.O.BOX 927
SANTA ANNA,CA 92702
EST MATE#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 80 12.00 960.00T
5-7/8"x 5-7/8" FIELD TILE
36P 140 18.00 ! 2,520.00T
3x6 FIELD TILE SBN TRIM
ORANGE TILE
4P 180 8.00 1,440.00T
4-1/4"x 4-1/4" FIELD TILE
36P 140 12.50 1,750.00T
2-7/8"x 6"FIELD TILE
4P 140 8.00 j 1,120.00T
4-1/4"x 4-1/4" FIELD TILE DIAMOND( 1/2 TILE
DIAMOND ACCENT)
BURGANDY TILE
4P 40 8.00 320.00T
4-1/4"x 4-1/4" FIELD TILE
36P 80 12.50 1,000.00T
2-7/8"x 6"FIELD TILE
LIGHT GREEN
36P 240 12.50 i 3,000.00T
2-7/8"x 6"FIELD TILE
BEIGE TILE
Project Terms and conditions: Project will commence upon receipt of payment.
Please Make Checks Payable To;California Pottery&Tile Works INC
DocuSign Envelope ID:F3438072-5A4E-43F9-BE53-A26F5186909A
Exhibit A: Page 6 of 6
ACTIVITY DATE QTY . RATE AMOUNT,
16P 80 10.00 i 800.00T
1"x 6"FIELD TILE
TEST 5 1,200.00 6,000.00
COLOR TEST TO MATCH EXISTING AS CLOSE
AS POSSSIBLE
MOLD 1 2,500.00 2,500.00
MOLDING CHARGE
SUBTOTAL 21,410.00
TAX(0.095) 1,226.45
TOTAL 22,636.45
Accepted By Accepted Date
Project Terms and conditions: Project will commence upon receipt of payment.
Please Make Checks Payable To;California Pottery&Tile Works INC