HomeMy WebLinkAboutA8435 - LIMBACH, IncrRECEIVED
Recording1r4XtAIi3?.ALM SPRINGS
City of Pal mn �N 22 AM 8: 44
When Recorded Mail To:
Name: Anthony J. Mejia, City Clerk
Street Address: 3200 E Tahquitz Canyon Way
City & State: Palm Springs, CA 92262
2020-0252696
06/12/2020 03:45 PM Fee: $ 0.00
Page 1 of 2
Recorded in official Records
County of Riverside
Peter Aldana
Assessor -County Clerk -Recorder
1Tl ��'
SPACE ABOVE THIS LINE FOR RECORDERS USE
NOTICE OF COMPLETION
(CA Civil Code §§ 8180-8190, 8100-8118, 9200-9208)
NOTICE IS HEREBY GIVEN THAT:
1. 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, ect.)
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:
Limbach, Inc. 1709 Apollo Court, Seal Beach, CA 90740
4. This notice is given for (check one):
®Completion of the work of improvement as a whole.
❑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 19`h day of March, 2020, there was completed upon the herein described property a work of
improvement as a whole (or particular portion of the work of improvement as provided in CA Civ. Code
§8186) a general description of the work provided: City Project 18-16, Municipal Complex Cogeneration
Plant Retrofit for Cooling Units
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: Municipal Complex Cogeneration Plant
9. The street address of said property is: 205 N. El Cielo, Palm Springs, CA 92262
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
I certify (or declare) under penalty of perjury the la
and correct. /
Date: By: ll
the State of.C/dlif)rnia that the foregoing is true
of Owner or Owner's Authorized Agent
Marcus Fuller, Assistant City Manager/City Engineer
City of Palm Springs
#22I
VERIFICATION
I, Marcus Fuller , state: I am the Assistant City Manager/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 oil , (date), at City), (State).
Signature of Owner or Owner's Authorized Agent
Marcus Fuller, Assistant City Manager/City 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.
STATE OF CALIFBRNIA
COUNTYDF X/LlL S1 Z4 �� ��
�.�i �!> � (date), before me,
e1 /,4� Nota ublic (name and title of officer)
personally appeared who proved to me
on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they
7ERRI HINT2 executed the same in his/her/their authorized capacity(ies), and that by
Notary Public- California z his/her/their signature(s) on the instrument the person(s), or the entity upon behalf
+_ Riverside County >
Commission a 2202861 of which the person(s) acted, executed the instrument.
My Comm. Expires Jun 26, 2021
1, 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 sqf �f)
Signature ��
ofpAA4i CITY OF PALM SPRINGS
CONTRACT CHANGE ORDER
gNsoaN`P
To: Limbach Inc. Date: February 10, 2020
P.O. Box 2743 Project No: 18-16
Beaumont, CA 92223 Project: Co -Gen Retro Fit Cooling Units
Change Order One (1)
Purchase Order
CHANGES IN WORK:
Additional Installation of New Valves and Related Materials: The Construction of the project included
installation of Chiller Ducting on top of the Roof of the Cogeneration Facility to supply water to the new Chiller
Coils. It was determined that a set of two way valves needed to be installed to be electronically controlled to
regulate the intake of water from inside the Cogeneration Plant below. This was not part of the original scope
of work on the project.
CHANGES TO CONTRACT TIME:
One additional working day is being added for work performed as indicated above.
SOURCE OF FUNDS:
Account No. 550-5812-54073 Energy Fund.
SUMMARY OF COSTS:
Original Contract Amount: $ 131,524.00 Original Completion Date: 20 Days
This Change Order: $ 9,650.00 Days Added: 1
Previous Change Order(s): $ 0 Previous Days Added: 0
Revised Contract Amount: $ 141,174.00 Revised Completion Date: 21 Days
[SIGNATURES ON NEXT PAGE]
Contract Change Order No. 1
DATE: 2/10/2020
Page 2
I have received a copy of this Change Order and the above AGREED PRICES are acceptable to
Urnbaugh Inc.6
nature Date
, wa C y est .P✓u1
Printed Name and Title
Citv of Palm Sprinqs
Recommended By:
Marcus Fuller, City Engineer Date
Approved By:
Attest By:
Distribution:
Original Conformed Copy:
Contractor (1)
City Clerk (1)
, Cary Manager
A "M
Anthony Mejia, City Clerk
Conformed - File Co
Engineering Pay File (1)
Project City File (1)
Purchasing (1)
Finance (11
6-�-2w
Date
Date
APPROVED BY CRY COUNCfL
S CC q-6I T
CITY OF PALM SPRINGS
CONTRACT CHANGE ORDER
To: Limbach Inc. Date: March 19, 2020
P.O. Box 2743 Project No: 18-16
Beaumont, CA 92223 Project: Co -Gen Retro Fit Cooling Units
Change Order Two (2)
Purchase Order
CHANGES IN WORK:
Additional Installation of New Valves and Related Materials: It was determined that after the two way valves
were installed as part of Contract Change Order One, the water pressure is dropping too low, thus triggering
differential pressure alarms and automated shut down procedures at the cogeneration plant. After testing and
troubleshooting it was determined that the only viable solution is to replace the two way valve on the 2% inch
line with a three way valve. The three way valve will keep constant water flow to the absorbers and keep them
from going off on low flow. This is not part of the original scope of work on the project.
CHANGES TO CONTRACT TIME:
Five additional working days is being added for work performed as indicated above.
SOURCE OF FUNDS:
Account No. 550-5812-54073 Energy Fund.
SUMMARY OF COSTS:
Original Contract Amount:
$
131,524.00
Original Completion Date: 20 Days
This Change Order:
$
10,860.00
Days Added: 5
Previous Change Order(s):
$
9,650.00
Previous Days Added: 1
Revised Contract Amount:
$
152,034.00
Revised Completion Date: 26 Days
[SIGNATURES ON NEXT PAGE]
Contract Change Order No. 2
March 19, 2020
Page 2
I have received a copy of this Change Order and the above AGREED PRICES are acceptable to
Urnbaunh Inc. 20�d
ature Date
Citv of Palm Springs
Recommended By:
Approved By:
Attest By:
Distribution:
Original Conformed Copy:
Contractor (1)
City Clerk (1)
C. ���.r Scryiee /�%,r
Printed Name and Title
Marcus Fuller, City Engineer
David H. Re dy, Ch Manager
Date
— 6 - ff-06yo
Date
Mejia, City ClerkC K' j- T; c w ate
Conformed - File Copy: APPROVED By C►lY COUNCIL
Engineering Pay File (1) .�g
Project City File (1)rj
Purchasing {1)
Finance (1)
AGREEMENT
(CONSTRUCTION CONTRACT)
THIS AGREEMENT made this 19th day of September, 2019, 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
Limbach Inc., a Delaware 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 fumish 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:
MUNICIPAL COMPLEX COGENERATION PLANT RETROFIT FOR COOLING UNITS
CITY PROJECT NO. 18-16
The items of work shall include but are not limited to; the conversion of two existing
rooftop evaporative coolers to chilled water cooling, removing the Munsters Caldek
section from each unit, installing new cooling coils, adding new 4" chilled water supply
and return distribution piping with a hot tap point of connection to 8" chilled water
supply and return piping, temporary shutdown coordination, training, and other items
of work not mentioned above, as required by the plans and specifications, complete
in place.
ARTICLE 2 -- COMMENCEMENT AND COMPLETION
The Work to be performed under this Contract shall commence on the date specified in
the Notice to Proceed by the City, and the Work shall be fully completed within the time
specified in the Notice to Proceed.
The City and the Contractor recognize that time is of the essence of this Agreement, and
that the City will suffer financial loss if the Work is not completed within the time specified
in Article 2, herein, plus any extensions thereof allowed in accordance with applicable
provisions of the Standard Specifications, as modified herein. 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.
MUNICIPAL COMPLEX COGENERATION PLANT RETROFIT FOR COOLING UNITS AGREEMENT FORM
CITY PROJECT NO. 18-16 AGREEMENT AND BONDS - PAGE 1
AUGUST 2019
Termination Prior to Expiration of Term. City may terminate this Agreement for its
convenience at any time, without cause, in whole or in part, upon giving Contractor written
notice, pursuant to Section 6-8 of the Special Provisions. Where termination is due to the
fault of Contractor and constitutes an immediate danger to health, safety, and general welfare,
the period of notice shall be such shorter time as may be determined by the City. Upon such
notice, City shall pay Contractor for Services performed through the date of termination in
accordance with the Contract Documents. Upon receipt of such notice, Contractor shall
immediately cease all work under this Agreement, unless stated otherwise in the notice or by
written authorization of the Contract Officer. After such notice, Contractor shall have no
further claims against the City under this Agreement. Upon termination of the Agreement
under this section, Contractor shall submit to the City an invoice for work and services
performed prior to the date of termination.
ARTICLE 3 -- CONTRACT PRICE
The City shall pay the Contractor for the completion of the Work, in accordance with the
Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid
Proposal and Bid Schedule(s), and any duly authorized Construction Contract Change
Orders approved by the City. The amount of the initial contract award in accordance with
the Contractor's Bid Proposal is one -hundred thirty-one thousand, five hundred
twenty-four dollars, $131,524.00
Contractor agrees to receive and accept the prices set forth herein, as full compensation
for furnishing all materials, performing all work, and fulfilling all obligations hereunder.
Said compensation shall cover all expenses, losses, damages, and consequences arising
out of the nature of the Work during its progress or prior to its acceptance including those
for well and faithfully completing the Work and the whole thereof in the manner and time
specified in the Contract Documents; and, also including those arising from actions of the
elements, unforeseen difficulties or obstructions encountered in the prosecution of the
Work, suspension of discontinuance of the Work, and all other unknowns or risks of any
description connected with the Work.
ARTICLE 4 -- THE CONTRACT DOCUMENTS
The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the
prevailing rate of per diem wages as determined by the Director of the California
Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of
Subcontractors, Local Business Preference Program — Good Faith Efforts, Non -
Discrimination Certification, Non -Collusion Declaration, Bidder's General Information, Bid
Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance
Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda
issued during bidding (if any), and all Construction Contract Change Orders and Work
Change Directives which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto.
ARTICLE 5 -- MUTUAL OBLIGATIONS
For and in consideration of the payments and agreements to be made and performed by
MUNICIPAL COMPLEX COGENERATION PLANT RETROFIT FOR COOLING UNITS AGREEMENT FORM
CITY PROJECT NO. 18-16 AGREEMENT AND BONDS - PAGE 2
AUGUST 2019
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.
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,
attorney'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 California 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.
MUNICIPAL COMPLEX COGENERATION PLANT RETROFIT FOR COOLING UNITS AGREEMENT FORM
CITY PROJECT NO. 18-16 AGREEMENT AND BONDS - PAGE 3
AUGUST 2019
A
ARTICLE 9 -- CONFLICT OF INTEREST
Conflict of Interest. Contractor acknowledges that no officer or employee of the City has
or shall have any direct or indirect financial interest in this Agreement nor shall Contractor
enter into any agreement of any kind with any such officer or employee during the term of
this Agreement and for one year thereafter. Contractor warrants that Contractor has not
paid or given, and will not pay or give, any third party any money or other consideration in
exchange for obtaining this Agreement.
ARTICLE 10--NON-DISCRIMINATION
In connection with its performance under this Agreement, Contractor shall not discriminate
against any employee or applicant for employment because of actual or perceived race,
religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin,
immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation,
gender identity, gender expression, physical or mental disability, or medical condition (each
a "prohibited basis"). Contractor shall ensure that applicants are employed, and that
employees are treated during their employment, without regard to any prohibited basis. As
a condition precedent to City's lawful capacity to enter this Agreement, and in executing this
Agreement, Contractor certifies that its actions and omissions hereunder shall not
incorporate any discrimination arising from or related to any prohibited basis in any
Contractor activity, including but not limited to the following: employment, upgrading,
demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training, including apprenticeship;
and further, that Contractor is in full compliance with the provisions of Palm Springs
Municipal Code Section 7.09.040, including without limitation the provision of benefits,
relating to non-discrimination in city contracting.
ARTICLE 11 --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
MUNICIPAL COMPLEX COGENERATION PLANT RETROFIT FOR COOLING UNITS AGREEMENT FORM
CITY PROJECT NO. 18-16 AGREEMENT AND BONDS - PAGE 4
AUGUST 2019
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
r
By
David H. Rea
City Manager
ATTEST:
By
Antho Mejjia
City l
APPROVED AS TO FORM:
ey
eff ey S. Inger
City Attomey
RECOMMENDED:
By
Marcus L. Fuller, P.E., P.L.S.
Assistant City Manager/City Engineer
APPROVED BY THE CITY COUNCIL:
Date 1-4 -
Agreement No
�F PROVED BY CITY COUNCIL
2tCc �.
MUNICIPAL COMPLEX COGENERATION PLANT RETROFIT FOR COOLING UNITS AGREEMENT FORM
CITY PROJECT NO. 18-16 AGREEMENT AND BONDS - PAGE 5
AUGUST 2019
By: to %.A
Firm/Com ny Name
By:
L
Signature (not ' ed)
Name: ZObtt'-t MOt
Title:
By: �7L
Signature (no d)
Name: Sato
Title:
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 (This Agreement must be signed in the above space
space by one having authority to bind the by one having authority to bind the Contractor to the
Contractor to the terms of the Agreement.) terms of the Agreement.)
State of Lcr It
County of I Q M ss
On 9 r 1P it
before me, i(Aq-"j0 03v-q AA04pty v'�)Wc
personally appeared
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies),
and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the
instrument.
State of C a k prn i f
Countyof 0"" K )ss
On 9 4011
before mel l/Mor'(6 "c)k -h01
personally appeared byl S S o"
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 I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing laws of the State of California that the foregoing
paragraph is true and correct.
W ITN ESS my hand and official seal.
Notary Signature:
paragraph is true and correct.
WITNESS my hand and officials .
Notary Signature:
Notary Seal: 0 1CA?AM OM Motary Seal: GIIAAR X WARES OSM
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