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Home My WebLink About23B114 - PACIFIC WEST UNDERGOUND, INC.CONTRACT ABSTRACT 1 Original: Agreement, Performance & Payment Bonds, and Insurance Contract Company Name: Company Contact: Summary of Services: Contract Price: Funding Source: Contract Term: Pacific West Underground, Inc. David Durenberger, President Arnico Street Sewer Improvements, Phase 4 City Project 21-17 $648,135.00 Measure J funds To be determined by the Notice to Proceed Contract Administration Lead Department: Contract Administrator: Engineering Services Joel Montalvo / Andrew Crider Contract Approvals Council Approval Date: Agreement Number: April 27, 2023, Item 1.V. 23B114 Contract Compliance Exhibits: Signatures: Insurance: Bonds: Attached Attached Attached Attached Contract prepared by: Engineering Services Submitted on: 05/16/2023 By: Anil Cholakkara DocuSign Envelope ID: D9A14310-CF67-412E-B765-594F167974ED DocuSign Envelope ID: D9A14310-CF67-412E-B765-594F167974ED DocuSign Envelope ID: D9A14310-CF67-412E-B765-594F167974ED DocuSign Envelope ID: D9A14310-CF67-412E-B765-594F167974ED DocuSign Envelope ID: D9A14310-CF67-412E-B765-594F167974ED DocuSign Envelope ID: D9A14310-CF67-412E-B765-594F167974ED DocuSign Envelope ID: D9A14310-CF67-412E-B765-594F167974ED DocuSign Envelope ID: D9A14310-CF67-412E-B765-594F167974ED DocuSign Envelope ID: D9A14310-CF67-412E-B765-594F167974ED DocuSign Envelope ID: D9A14310-CF67-412E-B765-594F167974ED DocuSign Envelope ID: D9A14310-CF67-412E-B765-594F167974ED DocuSign Envelope ID: D9A14310-CF67-412E-B765-594F167974ED DocuSign Envelope ID: D9A14310-CF67-412E-B765-594F167974ED DocuSign Envelope ID: D9A14310-CF67-412E-B765-594F167974ED DocuSign Envelope ID: D9A14310-CF67-412E-B765-594F167974ED DocuSign Envelope ID: D9A14310-CF67-412E-B765-594F167974ED DocuSign Envelope ID: D9A14310-CF67-412E-B765-594F167974ED DocuSign Envelope ID: D9A14310-CF67-412E-B765-594F167974ED DocuSign Envelope ID: D9A14310-CF67-412E-B765-594F167974ED AGREEMENT 23B114 (CONSTRUCTION CONTRACT) THIS AGREEMENT made this� day of t...<� , 2023, by and between the City of Palm Springs, a charter city, organized and existi�in the County of Riverside, under and by virtue of the laws of the State of Galifomia, hereinafter designated as the City, and Pacific West Underground, Inc., a California corporation,L 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 oomplete the Work as specified in the Contract Documents, and as generally indicated under the Bid Schedule(s) for the Project entitled: ARNICO STREET SEWER IMPROVEMENTS PROJECT PHASE4 CITY PROJECT NO. 21-17 The Work comprises the installation of approximately 701 linear feet of eight-inch VCP sewer main, 48-inch diameter manholes, four-inch VCP sewer laterals, private property sewer replumbs, and septic tank abandonments, along with all necessary trenching, trench repair, site restoration, demolition and replacement, easement fencing, building department permitting, and other elements of work as described in the contract documents and as required for a complete project. 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. The parties 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 Revised 4.13.23 Page 1 of7 DocuSign Envelope ID: D9A14310-CF67-412E-B765-594F167974ED DocuSign Envelope ID: D9A14310-CF67-412E-B765-594F167974ED DocuSign Envelope ID: D9A14310-CF67-412E-B765-594F167974ED DocuSign Envelope ID: D9A14310-CF67-412E-B765-594F167974ED DocuSign Envelope ID: D9A14310-CF67-412E-B765-594F167974ED DocuSign Envelope ID: D9A14310-CF67-412E-B765-594F167974ED5/16/2023 DocuSign Envelope ID: D9A14310-CF67-412E-B765-594F167974ED + Recotding Requested By: City of Palm Springs When Recorded Mail To: Name Brenda Pree, City Clerk Street Address 3200 E. Tahquitz Canyon Way Gay & Slate Palm Springs, CA 92262 2024-0084509 03/22/2024 12:32 PM Fee: $ 0.00 Page 1 of 2 Recorded in official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder I1I17, F j,F�,, 0, �Vt�WW, rif 1111 K. SPACE ABOVE THIS LINE FOR RECORDERS USE NOTICE OF COMPLETION (CA Civil Code §§ 8180A190, 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, 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: Pacific West Underground Inc. 4. This notice is given for (check one): 0 Completion of the work of improvement as a whole. 0 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: NolApplicable 7. On the 12th day of December , 2023 , 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: CP 21-17: installed 700 linear feet of 8-inch diameter sewer with appurtenances along with the 20 hook-ups of residential homes to the new main. 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: starling at the intersection of Jason Court and Arnioo Street and ending at the intersection of Arnim Street and East Via Escuela 9. The street address of said property is: 2001, 2011, 2012, 2022, 2031, 2032, 2041, 2042, 2051, 2052, 2061, 2062, 2071. 2072, 3251, 3273, 3295, 3327, 3349, and 3371 Amico Street 10. If this Notice of Completion is signed by the owners 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 Califomia that the foregoing is true and correct. Date: 3—/ !? By: e Signature of Owner or Owners Authorized Agent Joel Montalvo/City Engineer City of Palm Springs Page 1 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 perjjupury under the laws of the State of California that the foregoing is true and correct. Executed on 3 d Z , � (date), at Palm Springs (city), CA ( (sate). Sign a re of Owner or Owners Authorized Agen Joel Montalvo/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, EREMMSI Nary ruenc - C,WW". � '; pire.saecpurRy _ Commission N 2398347 My Comm. Expires Mar 24, MI► STATE OF CALIFORNIA t, COUNTY OF (Z;V erb%0e. (date), before me, 1SrCV%t WAA. Notary Public (name and title of officer) personally appeared age'O VO who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare 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 hisRrer/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. �� _ems LLLt� " Page 2 of 2 Signature