HomeMy WebLinkAboutA8531 - LIMBACH COMPANY, LPRecording Requested By:
2021-0122440
City of Palm Springs
When Recorded Mail To:
Name
Anthony J. Mejia, City Clerk
Street
Address 3200 E. Tahquitz Canyon Way
City 8 State Palm Springs, CA 92262
02/25/2021 11:14 AM Fee: $ 0.00
Page 1 of 2
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor -County Clerk -Recorder
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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, 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:
Limbach CO, 1709 Apollo Court, Seal Beach, CA 90740
4. This notice is given for (check one):
0 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 11th day of December , 20 20 , 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:
City Project No. 19-21, City Yard Chiller Replacement
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:
Removal and Replacement of HVAC Equipment
9. The street address of said property is:
City of Palm Springs Corporate Yard, 425 N. Civic Drive, 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 applicable
I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: 7L — ! g —2- By:
Sig ature of Owner or Owner's 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 perjury under the laws of the State of California that the foregoing is true and correct.
Executed on Z — / �7— L i (date), at Palm
ANTHONY JOSEPH MEJIA
Notary Public -California
Los Angeles County
COMW$sidn #t 2197083
WMI Comm. Expires Jun 10, 2021
(City), CA (State).
Signature of Owner or Owner's Authorized Agent
Joel Montalvo, City Engineer
City of Palm Springs
PROOF OF SERVICE DECLARATION
STATE OF CALIFORNIA
COUNTY OF
On o21 1y, I zoo` (date), before
me, vn--v.o 'To h M , Notary Public (name and title of
officer) personally ap eared ---4-oe-Iu10 vowo who proved
to me on the basis of satisfactory evidence to be the persoo(e)-Whose name-(s)-itslare—
subscribed to the within instrument and acknowledged to me that fi se heAhey executed the
same KIDhe00teir authorized capacityke and that by heFAheir signatur*ron the
instrument the person�a)'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.
Page 2 of 2 tigKature
AGREEMENT
(CONSTRUCTION CONTRACT)
THIS AGREEMENT made this 13thday of APRIL 2020, 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 Co., LP, a Delaware limited liability company, 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:
CITY YARD CHILLER REPLACEMENT
CITY PROJECT NO. 19-21
The Work comprises the replacement of the existing chilled water system the Palm Springs
Corporate Yard located at 425 N Civic Drive, generally consisting of: Development of
Certified Arch itecturallMechanical plans and obtaining building permits; Furnishing and
installing a temporary chiller for the duration of construction; selective demolition; removal
of existing chilled water system;. Furnishing and installing a new Carrier 30RB 80 ton air
cooled chiller or approved equal; Installation of a 460 Volt 3 phase Electrical Circuit;
All mechanical, electrical and plumbing system connections; Construction of Bollards,
Providing a manufacturer's warranty including all parts and labor for a period of five (5)
years, and all appurtenant work.
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
CITY YARD CHILLER REPLACEMENT AGREEMENT FORM
CITY PROJECT NO.19-21 AGREEMENT AND BONDS-PAGE 1
MARCH 19.2020
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.
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 Two Hundred Forty-Four Thousand Eight Hundred
Eleven Dollars and Zero Cents ($244,811.00).
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.
CITY YARD CHILLER REPLACEMENT
CITY PROJECT NO.19-21 AGREEMENT
MARCH 19,2020 AGREEMENT AND BONDS-PAAGGEE 2
2
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.
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 Calffornia.
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,
CITY YARD CHILLER REPLACEMENT
CITY PROJECT NO.19-21 AGREEMENT FORM
MARCH 19,2020 AGREEMENT AND BONDS-PAGE 3
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 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 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
CITY YARD CHILLER REPLACEMENT AGREEMENT FORM
CITY PROJECT NO.19-21 MARCH 19,2020 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, APPROVED BY THE CITY COUNCIL:
CALIFORNIA
Date
4 - zalv
By
David H. Ready $s3�
City Manager Agreement No.
ATTEST: APPROVED BY CrIY COUNCIL
a5-3( 2(z ZZo
By
nthony J. e'ia,
City lerk
APPROVED AS TO FORM:
Byl / a
eJefrdy S. BoI nger,
City Attorney
RECOMME,NDED:
B It -
Marcus L. Fuller, P.E., P.L.S.
Assistant City Manager/City Engineer
CITY YARD CHILLER REPLACEMENT
CITY PROJECT NO.19-21 AGREEMENT FORM
MARCH 19,2020 AGREEMENT AND BONDS-PAGE 5
CONTRACTOR
By: Limbach Co.. LP, a Delaware limited liability company
Firm/Company Name
sy: By:
Signature (notarized) Signature(nota ed)
Name: Iurr C. SVIID Name: I." C- "'go,
Title: e64 Title: V. PPYAhtC
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 Ai State of C j:J
County of ss County of ss
On A'( A 1'1, Zed On April O o
before me, dibr ,,A A • �vnAL�yIIJ � P IEbefore me, Q��0. • A,m,.n.UL, 1Jd-f4* foL('c
° personally appeared L.yiS C. S +* personally appeared -its—EZ Rol,.rrt C. M�✓�P^1
who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory
evidence to be the person9 f whose name is/arI6 evidence to be the person(Wwhose name(4 is/,af€
subscribed to the within instrument and subscribed to the within instrument and
acknowledged to me that he/sj /th y executed the acknowledged to me that he/sWthKexecuted the
same in his/hp(/Mir authorized capacity), and same in his/h#th4ir authorized capacity(, and
that by his/l/dthpollr signatures(fj on the instrument that by his/t iirsignatures(on the instrument
the personA,or the entity upon behalf of which the the personf ,or the entity upon behalf of which the
persono acted, executed the instrument. person(/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. paragraph is true and correct.
WITNESS my hand d fflcial s I.//� WITNESS my hand and lc al seal. /
Notary Signature: , i� �yJ�otary Signature: ae /!?ZocJ17v1 sl.\
Notary Seal: l Notary Seal:
Ol1YU N:f-0MLIrI
OLMA X.GONLIIFr NONry Pu01k-Cs6fornis
wary public 4:611 . onn6s County
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Cpi mision/t16665i Y Comm.Ma adL61%ism
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CITY YARD CHILLER REPLACEMENT
AGREEMENT NDS—PAGE6
CITY PROJECT NO.19-21 AGREEMENT AND BONDS—PAGE 6
MARCH 19,2020
WORKER'S COMPENSATION CERTIFICATE
(AS REQUIRED BY SECTION 1861
OF THE CALIFORNIA LABOR CODE)
I am aware of the provisions of Section 3700 of the California Labor Code,
which require every employer to be insured against liability for worker's
compensation, or to undertake self-insurance in accordance with the
provisions of said Code, and I will comply with such provisions before
commencing the performance of the Work of this Contract.
Contractor Limbach Company LP
By
Titl General Service Manager
CITY YARD CHILLER REPLACEMENT
CITY PROJECT NO.19-21 WORKER'S COMPENSATION CERTIFICATE
JANUARY 2020 AGREEMENT AND BONDS-PAGE 7