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HomeMy WebLinkAbout06770 - HOT LINE CONSTRUCTION INC DEMUTH & RUTH HARDY PARK SECURITY PATH LIGHTING CP 14-19 Recording Requested By: 2016 0376076 08/31/2016 12:35 PM Fee: $ 0.00 City of Palm Springs Page 1 of 3 Recorded in Official Records County of Riverside Peter Aldana When Recorded Mail To: Assessor-County Clerk-Recorder `I�M Name James Thompson,City Clerk 'III�14r�''i�lr rL� rrr�� '•'•' 'III Street R I A Exam: C1 'Jr Address 3200 E.Tahquitz Canyon Way Page DA PCOR Misr Long qRFD1st Pg Adn Pg Cert CC city State Palm Springs,CA 92262 SIZE NCOR SMF NCHG T: 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 3. The name and address of the direct contractor for the work of improvement as a whole is:Hotline Construction,Inc.,25110 Trumble Road,Romoland,CA 92585 A0 70 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 23rd day of May 20 t6,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: Demuth Park and Ruth Hardy Park Security Path Lighting Improvements,City Project 14-19. 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: Demuth Park,APN Nos. 680-020-052 and 628-020-053;and Ruth Hardy Park,APN No.507-170-007 9. The street address of said property is: Demuth Park: 3601 E.Mesquite Ave.,Palm Springs,CA 92264, Ruth Hardy Park: 700 E.Tamarisk Road,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 to of California th t the or g Is true and correct. Date: 1" By�� ignature of Owner or Owner's Authorized Agent-Assistant City Manager/City Engineer for City of Palm Springs Marcus Fuller ©Porter Law Group,Inc.2013 Print Name Pagel of 2 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 on 144 1A 11� (date),at Palm Springs (City), CA (state). Signature of OwnerWOwn"ANT66zed Agent 0 0 0 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 CALIFORNIA COUNTY OF On (date), before me, Notary Public (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) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisher/their authorized capacity(ies), and that by his/her/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. Page 2 of 2 Signature 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. ACKNOWLEDGMENT OF INSTRUMENT (Cal. Civil Code Section 1181) State of California ) County of Riverside ) ss. City of Palm Springs ) On August 29, 2016, before me, JAMES THOMPSON, CITY CLERK, CITY OF PALM SPRINGS CALIFORNIA, personally appeared MARCUS L. FULLER, who I personally know is the ASSISTANT CITY MANAGER/CITY ENGINEER of the CITY OF PALM SPRINGS whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his official and authorized capacity on behalf of the City of Palm Springs, a California Charter City. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and the official seal of the City of Palm Springs, California, this 29th day of August, 2016. *,ALM S O p4� y O V N �F09 Signature: C4L AMES THOMPSON, CITY CLERK City of Palm Springs, California Title or Type of Document: NOTICE OF COMPLETION CP14-19 CITY OF PALM SPRINGS CONTRACT CHANGE ORDER r'�llFDR�yp To: Hot line Construction, Inc. Date: May 5, 2016 25110 Trumble Road Project No: 14-19 Romoland, CA 92585 Project: Demuth/Ruth Hardy Park Lighting Change Order No: 01 Purchase Order: 16-0570 Accounts: 260-4500-59403 261-2494-51561 CHANGES IN WORKICOST: This Contract Change Order No.1 deletes a portion of the work associated with Bid Schedule B, Demuth Park "West" parking lot: BID SCHEDULE B Item Description Price Quantity Total 1 Hand Bore 3/4" Conduit $14.25/LF -400 $5,700.00 3 Install 11"xl8" Pull Box $325.00/EA -6 $1,950.00 4 Install Light ooting $815.00/EA -6 $4,890.00 5 Install Light Fixture $1,375.00/EA -6 $8,250.00 6 Pull Wire $0.50/LF -400 $200.00 Note: Bid Schedule B was bid as a lump sum. Item numbers indicated under Bid Schedule B correlate to those on the approved schedule of values. CHANGE ORDER TOTAL ($20,990.00) CHANGES TO CONTRACT TIME: This change order makes no changes to the specified contract time. SOURCE OF FUNDS: The following account will be credited: Bid Schedule Description Amount Account # B Items 1,3,4,5 and 6 $20,990.00 260-4500-59403 REASONS FOR CHANGES: Improvements to the Demuth Park "West' parking lot are being planned as part of a future project to construct solar paneled shade structures. The location of six lighting fixtures scheduled for installation as a part of this project conflict with the proposed location of the future facilities. For that reason the lights will not be installed and they are being deleted from the current project. ORIGINAL BID AND/OR AGREEMENT CP 14-19, Demuth Park and Ruth Hardy Park Security Path Lighting Improvements Contract Change Order No. 1 May 5, 2016 Page 2 SUMMARY OF COSTS: Original Contract Amount: $219,800.00 Original Completion May 23, 2016 This Change Order: ($20,990.00) Days Added 0 Previous Change Order(s): $ 0.00 Previous Days Added: 0 Revised Contract Amount: $198,810.00 Revised Completion May 23, 2016 *"*SIGNATURES ON NEXT PAGE**** CP 14-19, Demuth Park and Ruth Hardy Park Security Path Lighting Improvements Contract Change Order No. 1 May 5, 2016 Page 3 I have received a copy of this Change Order and the above AGREED PRICES are acceptable to Contractor Hot Line Construction Inc. 5-12-16 Vt gna ure Date Kelly Kutchera VP/CFO Printed NameaQd Title City of Palm Snrinas Recommended By: r tl(r� ar us Fuller Date Assistant City Manager/City Engineer Approved By: A/A David . Ready, City Manager Date Attest By: James Thompson, City Clerk Date Distribution: Original Conformed Copy: Conformed-File Cow: Contractor (1) Engineering Pay File (1) City Clerk (1) City Proiect File (1) Purchasina (1) Finance (1) APPROVED By DEPARMENT HEAD i KEYED NOTES Y c Q o-e a ---------------- ----------- c - � Q � zSD g c (9 �M� z = = J x � J '- �. F--------J .w- ----------1-------- at-_--_ ___--"-__" __________ --------- � GVl 3 a dg �Lki-CLGCY __- ' a F� I��rwcn anx <g 'ELDCMICAL SITE UGHANG DEMUTH WEST PARK E2.1 y® PHOTOMETPIC5 DEMUTH PARK WEST PARKINS LOT p 1 SUNGARD PENTAMATION - FUND ACCOUNTING MANAGER PAGE NUMBER: 1 DATE: 06/13/16 CITY OF PALM SPRINGS STATMN21 TIME: 15:27:11 ENCUMBRANCE STATUS REPORT INFO: ORDERED BY NUMBER SELECTION CRITERIA: encledgr.enc_no='00160570' ENCUMBRANCE DEPARTMENT ACCOUNT PROJECT ACCOUNT VENDOR NAME SALES TAX ORIGINAL CHANGE DATE DESCRIPTION USE TAX PAYMENTS BALANCE 00160570-01 2494 SIS61 P4005 HOT LINE CONSTRUCTION IN 0.00 36625.00 0.00 11/16/15 CP14-19 A6770 0.00 0.00 36625.00 00160570-01 4500 59403 P4005 HOT LINE CONSTRUCTION IN 0.00 183175.00 0.00 11/16/15 CP14-19 AG770 0.00 0.00 183175.00 TOTAL REPORT 0.00 219800.00 0.00 0.00 0.00 219800.00 AGREEMENT (CONSTRUCTION CONTRACT) THIS AGREEMENT made this A day of 10( 1W , 2015, 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 Hot Line Construction. Inc., a California 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 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: DEMUTH PARK AND RUTH HARDY PARK SECURITY PATH LIGHTING IMPROVEMENTS CITY PROJECT NO. 14-19 The Work comprises the installation of parking lot lighting for two (2) parking lots at Demuth Park and one (1) parking lot at Ruth Hardy Park. The installation of parking lot lighting shall include lighting poles, LED light fixtures, foundation, conduits, conductors, lighting control systems, pull boxes, electrical services, and any other 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 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. DEMUTH PARK AND RUTH HARDY PARK AGREEMENT FORM SECURITY PATH LIGHTING IMPROVEMENTS AGREEMENT AND BONDS-PAGE 1 CITY PROJECT NO. 14-19 - 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 Nineteen Thousand Eight Hundred Dollars ($219.800). 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 numbers 1 to 1, inclusive, 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 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. DEMUTH PARK AND RUTH HARDY PARK AGREEMENT FORM SECURITY PATH LIGHTING IMPROVEMENTS AGREEMENT AND BONDS-PAGE 2 CITY PROJECT NO. 14-19 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. ARTICLE 9 -- NON-DISCRIMINATION The Contractor represents and agrees that it does not and will not discriminate against any subcontractor, consultant, employee, or applicant for employment because of race, religion, color, sex, or national origin in any matter including without limitation employment upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay, or other forms of compensation and selection for training, including apprenticeship. 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 DEMUTH PARK AND RUTH HARDY PARK AGREEMENT FORM SECURITY PATH LIGHTING IMPROVEMENTS AGREEMENT AND BONDS-PAGE 3 CITY PROJECT NO. 14-19 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, LIFORNIA APPROVED BY THE CITY COUNCIL: By &" Date �l) 1•wj alh David H. Ready 1 City Manager Agreement No. b 0 ATTEST: BY James Thompson City Clerk APPROVED S TO FORM: Q By ,'Douglas Holland City Attorney RECOMMENDED: Marcus L. Fuller, PE, PLS Assistant City Manager/City Engineer DEMUTH PARK AND RUTH HARDY PARK AGREEMENT FORM SECURITY PATH LIGHTING IMPROVEMENTS AGREEMENT AND BONDS-PAGE 4 CITY PROJECT NO. 14-19 CONTRACTOR By: Hot Line Construction, Inc.. Firm/Company Name \ XI By: !` , By: Sign ure notarized) Si n ture (notarized) L Name Name: fljE:7- / Title: V 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 sig the above space by one having authority to bind the space by one having auth i to bind the Contractor to the terms of the Agreement.) Contractor to the terms of t e ent.) State of State of County of ss County of ss On On before me, before me, personall7ia ared personally appeare who provme t basis of satisfactory who proved to me the basis of satisfactory evidence t e son(s) whose name(s) evidence to be the erson(s) whose name(s) is/are sue t e within instrument and is/are subscribe t the within instrument and acknowlee that he/she/they executed acknowledged a that he/she/they executed the same / eir authorized capacity(ies), the same i r/their authorized capacity(ies), and thatis/h r/their signatures(s) on the and that by hi er/their signatures(s) on the instrumenr on(s), or the entity upon behalf instrument the rson(s), or the entity upon behalf of whiterson(s) acted, executed the of which the persons) acted, executed the instrumen instrument. I certify aENALTY OF PERJURY under the I certify and r PENALTY OF PERJURY under the laws of tte of California that the foregoing laws of th State of California that the foregoing paragrape and correct. paragrap is true and correct. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: Notary Signature: Notary Seal: Notary Seal: DEMUTH PARK AND RUTH HARDY PARK AGREEMENT FORM SECURITY PATH LIGHTING IMPROVEMENTS AGREEMENT AND BONDS-PAGE 5 CITY PROJECT NO. 14-19 ACKNOWLEDGMENT 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 the the document. State of California County of Contra Costa ) On October 21, 2015 before me, R.M. Landavazo - Notary Public (insert name and title of the officer) personally appeared Kelly Kutchera who proved to me on the basis of satisfactory evidence to be the person(e)whose name(a) is/are subscribed to the within instrument and acknowledged to me that-he/she/they-executed the same in his/her/they authorized capacity(ies), and that by hWher/their signature(s) on the instrument the person*, or the entity upon behalf of which the person(e)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ._�� be IPftvW* Warta Mao Signature (Seal) Name: Robin Michelle Landava ACKNOWLEDGMENT 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 the the document. State of California County of Contra Costa On October 21, 2015 before me, R.M. Landavazo - Notary Public (insert name and title of the officer) personally appeared Carol Bade who proved to me on the basis of satisfactory evidence to be the person(s)-whose name(s}is/aw subscribed to the within instrument and acknowledged to me that he/she/they-executed the same in his/herlthoir authorized capacity(ies), and that by his/herlthei+ signature(s}on the instrument the person(s};or the entity upon behalf of which the person(e) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 10 R M.LAND AM 1=1 CaVAWMM I114i110 "my V11111111111111-cow" am"cow oft* Signature (Seal) Name: Robin Michele Landavazo