HomeMy WebLinkAbout06172 - LEON'S LANDSCAPING & TREE SERVICE, INC. DEMUTH COMM CTR GARDEN CITY OF PALM SPRINGS
CALIFORNIA
P.O.Box 2743,Palm Springs,California 92263,(760)323-8253
2912 OL-T 25 Pf 1 5: 33 Department of Public Works and Engineering
NOTICE OF ACTION
CITY C L.E R, '.'. FOR: ■ PUBLIC AND/OR ❑PRIVATE IMPROVEMENTS
TO: Leon's Landscaping and Tree Servic Inc ACCEPTANCE DATE:August 1,2012
81-500 Industrial Place PROJECT: CP 11-03
Indio,CA 92201
AGREEMENT NO. 6172
MINUTE ORDER NO. N/A
This is to inform you that a Notice of Completion has been filed and recorded on the above-named project.
\Q PUBLIC IMPROVEMENTS PRIVATE IMPROVEMENTS
It Demolition 1 L.S. Corbin L.F.
Grading I L.S. Street Paving S.F.
Shade Structures 2 E.A. Sidewalks S.F.
,O Sidewalks 941 S.F. Driveway Approaches S,F.
Table and Benches 5 E.A. Bike Paths S.F.
Masonry Columns 4 E.A. Sewer Mains L.F.
Wrought Iron Fencing 32 L.F. Sewer Laterals L.F.
Chain Link Fence 295 L.F. Sewer Manholes EA.
Masonry Planter Bins 32 E.A. Storm Drains L.F.
Landscaping 1 LS Survey Monuments EA.
Irrieation System 1 LS
Maintenance Period 1 LS
Location: Demuth Community Center.3601E MesQuite Ave Palm Springs CA 92262
C.P.S.Drawing No(s). Permit Nos. C29560 C28793
Contractor(s)actually doing the work Leon's Landscaping and Tree Service Inc '
Notify your bonding companylbank to release the following bonds:
No. 729507P in the amount of $67.718.75 Performance—x DSJ 2S 13
No. 729507P in the amount of $67,918.75 Payment x CfI G( 1 Z
No. in the amount of $ Monuments
No, in the amount of $ Maintenance Security
No. in the amount of $ Correction&Repair
Construction bond in the amount of $ for
Engineer: Bond Co./Bank:Developer's Surety&Indemnity Comp.
Comments: CO RACT AMOUNT: .75
7T
Submitted by. Dated: I ) Z
Senjrtr�b 'c Works Inspector
Works Inspector q����
Approved by: or of Da[ed:__���//d`// "
Director of Public Works/City Engineer TI I
Distribution:Original to Engineering Project File;Copies to Addressee,City Clerk, Engineering,NOA Binder,
Street Maintenance Manager,Economic Development,Building,Facilities
Index No. 1206
DOC # 2012-0408419
08/28/2012 08:18A Fee:NC
Page 1 of 1
Recorded in Official Records
County of Riverside
Larry W. Ward
Assessor, County Clerk & Recorder
IIIIIII IIIIII IIIII III IIIIII Iiil IIIIIII III IIIII IIII IIII
S R U I PAGE SIZE DA MISC LONG RFD COPY
Recording Requested By And
When Recorded Return To:
M A L 466 426 PCOR NCOR SMF NCHG EXAM
City of Palm Springs Attn:City Clerk 4k-;'"J T: CTY UNI 1: t`r
sa ti,..�-
P.O.Box 2743,Palm Springs,CA 92263-2743
(SPACE ABOVE THIS LINE FOR RECORDING USE)
(EXEMPT FROM RECORDING FEE PER GOV.CODE§6103)
NOTICE OF COMPLETION
NOTICE IS HEREBY given that: 802
1. The City of Palm Springs,California,is a municipal corporation,organized and incorporated pursuant to the laws of the State of California.
2. The City Clerk of the City of Palm Springs is authorized and directed to execute,on behalf of said City,any and all Notices of Completion.
3. The address of the City of Palm Springs is City Hall,3200 E.Tahquitz Canyon Way,Palm Springs,California(P.O.Box 2743,Palm Springs,
CA 92263-2743).
4. The public work of improvement on the hereinafter referred to real property within the city was COMPLETED on August 1,2012.
5. The name of the contractor(if named)for such work of improvement was:Leon's Landscaping and Tree Service Inc.,81-500 Industrial
Place,Indio,CA 92201
6. The public work of improvement,which was completed in the City of Palm Springs,County of Riverside,State of California,is described
as follows:Demuth Community Center Garden
7. Nature of Interest:Fee Owner
8. The property address or location of said property is:300 S.Sunrise Way,Palm Springs,CA 92263
9. City Project No. 11-03,Agreement Number:6172
CITY OF PALM SPRINGS: REVIEWED BY: DATED: �� Z
Senior Public Works Inspector
ichael K.Lytar
JK�BY: DATED:
Director of Public Works/City Engineer
David J.Barakian
JAMES THOMPSON,being duly swom,says:
That he is the City Clerk of the aforesaid City of Palm Springs,California,the corporation that executed the foregoing notice; that he makes this
verification on behalf of said corporation; that he has read the foregoing Notice of Completion,and knows the contents thereof,and that the facts
stated therein are true; that as said City Clerk,he makes this verification on behalf of said municipal corporation.
City Clerk-James Thompson Index No. 0612
CITY OF PALM SPRINGS
CONTRACT CHANGE ORDER
To: Leon's Landscaping and Tree Service, Inc. Date: June 12, 2012
81-500 Industrial Place Project No.: 11-03
Indio, CA 92201 Project:. Demuth Community
Center Garden
Change Order No.: Two(2)
Contract Purchase No.: 12-0636
Account Numbers: 420-6800-67021
138-1270-58019
Agreement No.: 6172
NEW ITEMS-ADDITIONS
I. Construct a total of three (3) wash stations in place and fully functional as indicated on
provided construction details and site plan. Work includes but is not limited toy concrete footings,
6" 'Simpson Strong Tie', 6"x6" redwood post, 4"x4" redwood borders, 'Red Head' connectors,
fabric lined 3 ft x 3 ft x 3ft sump filled with 314"gravel, 3/4"galvanized water pipe, hose bib and 1"
schedule 40 pvc water mainline trench placed to a minimum depth of 24"as necessary to provide
pressurized water.
Three (3) @ $705.00 Each $2,115.00
Total —Change Order Increase Amount $2,115.00
REASONS FOR CHANGES:
As designed and constructed the community garden does not provide an easily accessible source
of water for the purpose of washing hands, tools, crops and misc. equipment. This change order
allows for the construction of three wash stations in various locations of the garden. The
contractor has been provided with construction details and a site plan indicating the desired
locations.
Note: The prices above are inclusive of all specified mark ups. No additional mark ups
will be added to any item on this Change Order.
SOURCE OF FUNDS
Funds are available in the following account:
Account No. 1 38-1 270-5801 9
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ORIGINAL BID
AND/OR AGREEMENT
Summary of Costs Contract Time
Original Contract Amount: $67,918.75 Original Completion Date: March 6,2012
This Change Order: $2.115.00 Days Added for this C.C.O. 0
Previous Change Order(s): $7,860,00 PreviDlis Days Added: 14
Revised Contract Amount: $77,893.75 R ised Completion Date: N/A
f
i
I have received a copy of this Change
Order and the above agreed price and
scope of work are acceptable to the contrac Date
r, L ping
City Approvals:
Submitted by Date
Senior Public Works Inspector
Approved by ffi, Date
City Engineer
Approved by Date
Assistant City Mane r
Approved by Date
City Manag
Attested �^ws��'� 'T Date
City Clerk If
APPROVED BY CITY C CIL APPROVED BY DEPARMENT HEAD
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Distribution.
Original Executed Conies Conformed-File Coov
Contractor (1) Engineering File (1)
City Clerk (1) Senior Public Works Inspector (1)
Economic Development (1)
Finance (1)
2
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V AR Proposal
10 Date
LANDSCAPING&TREE SERVICE Inc. 6n/zo 1 z
Name/Address Ship To
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: Michael Lytar
Description Qty Rate Total
Demuth Park Community Garden:
Install 6"x6"Redwood Post and 4"x4" Redwood box 1 225.00 225.00
border with concrete base. Includes labor and parts.
Install a hose bib(SCH 40, 1"PVC and 3/4" galvanized 1 425.00 425.00
pipe). Includes labor and parts.
Tons of3/4" Gravel 1 55.00 55.00
We look forward to working with you. Total $705.00
Customer Signature: Date:
P.O. 6o7c. g6, Tl-o-wsa�d� Pa.Lvwy, GA g2276
Phavzab 760-863-1884 Fax# 760-863-1887 C,27/ D4q 4k845402 E-m4iL leonslandscapinginc@gmaii.com
CITY OF PALM SPRINGS
CONTRACT CHANGE ORDER
To: Leon's Landscaping and Tree Service, Inc. Date: May 8, 2012
81-500 Industrial Place Project No.: 11-03
Indio, CA 92201 Project: Demuth Community
Center Garden
Change Order No.: One(1)
Contract Purchase No.: 12-0636
Account Numbers: 420-6800-57021
138-1270-58019
Agreement No..: 6172
NEW ITEMS-ADDITIONS
A. Irrigation Valve, Pipe and Control Wire Lump Sum/Agreed Price $405.00
B. Masonry Block Wall Cap Lump Sum/Agreed Price $2,720.00
C. Integral Concrete Color Lump Sum/Agreed Price $350.00
D. Masonry Stain Lump Sum/Agreed Price $2,560.00
E. 48" Box Olive Tree Lump Sum/Agreed Price $400.00
F. Paint Trash Enclosure Lump Sum/Agreed Price $650.00
G. 5 Gal Natal Plum (2) Lump Sum/Agreed Price $145.00
H. Planter Mulch 14 Yards @ $45.00/Yard $630.00
Total — Change Order Increase Amount $7,860.00
REASONS FOR CHANGES:
A. An additional irrigation control valve will be added to the South side of the project forfuture
use. The lump sum/agreed price for this Item is inclusive of all labor and materials to install (1)
Rainbird100PEB valve, approximately 20 LF of mainline PVC piping and irrigation control wire
from the valve location to the irrigation timer.
B. 2"x6"x16" masonry wall capping will be added to the tops of all planter beds. As originally
bid the project required a rounded mortar cap to be installed on the top of planter beds. It was
determined that this type of cap would not be functionally practical and would likely require regular
future maintenance. The lump Sum price for this item is inclusive of all labor and materials
necessary to install masonry caps on the tops of all planter beds and is inclusive of $1,440.00
credit for the deletion of the mortar cap.
C. For aesthetic purposes, concrete walkways will be changed from standard grey to Davis
Color"mesa buff. This item compensates the contractor for the additional cost to purchase color
additive and have it mixed into the concrete delivered to the project.
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ORIGINAL BID
"UOR AGREEMENT
D. Concrete/Masonry stain will be applied to all planter beds. As originally bid, all planter beds
were to be constructed out of standard grey, precision block. For aesthetic purposes it has been
determined that the planter beds will need to be stained. The lump sum price for this item is
inclusive of all labor and materials necessary to apply two(2)coats of"Smith's Color Floor"water
based concrete stain via mechanical sprayer to all planter beds. Color is to be "Bark Brown".
E. As bid the project included the installation of a 36" box'Desert Museum' Palo Verde tree at
the garden entrance. It was determined that an altemate tree should be chosen due to this trees
potential for root damage to the adjacent concrete walkways. A 48" box olive tree was located
that will be substituted. This item compensates the contractor for the difference in cost between
the two trees.
F. The community center has an existing masonry trash enclosure that is adjacent to the
garden. The color of this enclosure is currently light pink and the paint is badly deteriorated and
flaking off of the masonry. The lump sum price for this item is inclusive of all labor and materials
necessary to clean, prepare (including high pressure washing), and paint the trash enclosure.
Paint is to be Sherman Williams color"Golden Fleece".
G. Project drawings did not indicate the placement of plant material adjacent to the right side
of the garden entrance. This lump sum item is inclusive of all labor and materials needed to install
two (2) five gallon, Natal Plum plants and modify the irrigation system as necessary in order to
provide drip irrigation to both plants.
H. Additional mulch/planter mix is necessary in order to completely fill the garden planter
beds. Mulch/planter mix will be delivered to the project and placed in planter beds at the unit price
per cubic yard indicated above.
Note: The prices above are inclusive of all specified mark ups. No additional mark ups
will be added to any item on this Change Order.
ADDITIONAL CONTRACT TIME
Two (2) working days are being added for time required to install the additional irrigation.
Four(4) working days are being added for time required to install wall capping.
Four(4) working days are being added for time required to stain planter bins
Two (2) working days are being added for time required to prep and paint the trash enclosure.
One (1) working day is being added for time required to add additional landscape plants.
One (1) working day is being added for time required to deliver and !place planter mulch.
SOURCE OF FUNDS
The following accounts will be utilized:
Account No. 420-6800-57021 $6,435.00
Account No. 138-1270-58019 $1,425.00
2
Summary of Costs Contract Time
Original Contract Amount: $67,918.75 Original Completion Date: March 6, 2012
This Change Order: $7,860.00 Days Added for this C.C.O. 14 i
Previous Change Order(s): $0.00 Previous Days Added: 0
Revised Contract Amount: $75,778.75 Revised Completion Date: March 29, 2012
i
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I
I have received a copy of this Change
Order and the above AGREED PRICES CT �7
are acceptable to the contractor. �P�� ,4j��yq-� Date
Leons Landscaping
City Aoorovals:
t Submitted by 1 ` Date
Senior Public works)rysfector
I
Approved by_,() Date
5 - 15 ' �Ola
Sustain bility Manager
Approved by Date /`7'
City Engineer
� I
{� Approved by /A Date
City Manager
Attested; Date 'o \\ \(1
City Clerk
APPROVED BY DEPARMENT HEAD
ai�v I^t)S
Distribution: �J
Original Executed Co ides Conformed-File Coov
Contractor (1) Engineering File
City Clerk (1) Senior Public Works Inspector (1)
i Economic Development (1)
Finance (1)
3
AGREEMENT
THIS AGREEMENT made this M " day of d in the year 20 it, 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 _Leon's Landscaping & Tree Service 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
The Contractor shall complete the Work as specified or indicated under the Bid Schedule(s) of
the City's Contract Documents entitled:
DEMUTH COMMUNITY CENTER GARDEN
CITY PROJECT NO. 11-03
The Work is generally described as follows:
Construction of a new community garden facility next to the Demuth Community Center in Palm
Springs. Work includes clearing and grading of site, installation of an irrigation system, furnishing
and installing plants and landscaping, installation of furniture, construction of concrete walkways,
construction of precision block planter bins, installation of wrought iron and chain link fence, 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 the 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 of$792 for each calendar day that expires after the time specified in Article
2, herein.
DEMUTH COMMUNITY CENTER GARDEN
CITY PROJECT NO. 11-03 AGREEMENT FORM
August 4,2011 AGREEMENT AND BONDS-PAGE 1
ARTICLE 3 -- CONTRACT PRICE $67,918.75
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 and Bid
Schedule(s).
ARTICLE 4-- THE CONTRACT DOCUMENTS
The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the accepted
Bid and Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, 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 01 to 01, inclusive, and all 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 -- PAYMENT PROCEDURES
The Contractor shall submit Applications for Payment in accordance with provisions of the
Standard Specifications as amended by the Special Provisions. Applications for Payment will be
processed by the Engineer or the City as provided in the Contract Documents.
ARTICLE 6 -- NOTICES
Whenever any provision of the Contract Documents requires the giving of a written Notice, 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 7 -- 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
redresentatives, to the other party hereto, its partners, successors, assigns, and legal
re esentatives, in respect of all covenants, agreements, and obligations contained in the
Col
o tract Documents.
D MUTH COMMUNITY CENTER GARDEN
C TY PROJECT NO.11-03 AGREEMENT FORM
gust 4,2011 AGREEMENT AND BONDS-PAGE 2
I
IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be
executed the day and year first above written.
APPROVED BY THE CITY COUNCIL:
ATTEST:
CITY OF PALM SPRINGS,
CALIFORNIA Date
Agreement No.
45��
*City
APPROVED AS TO FORM:
By
?+ ity Attorney
Date
CONTENTS APPROVED:
By
_ jw—,'
City Engineer
Date 2 ti
APPROVED BY CITY COUNCIL
By _ ,✓�
City Ma+a r S1�b 11 21L \'17
Date'<O- �i
DEMUTH COMMUNITY CENTER GARDEN
CITY PROJECT NO.11-03 AGREEMENT FORM
August 4,2011 AGREEMENT AND BONDS-PAGE 3
Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any
Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant
Treasurer,or Chief Financial Officer.
CONTRACTOR: Name: Leon's Landscaping&Tree Service, Inc. Check one:_Individual_Partnership X Corp
Address: 81500 Industrial Place
Indio,CA 92201
P
'Stgnaturd(not ized) ' Ignatur (no rized)
Name: Name:
Title: r e 5 t G1//- VIA Title: Y
(This Agreement must be signed in the above This Agreement must be signed in the above
space by one of the following: Chairman of the space by one of the following: Secretary, Chief
Board, President or any Vice President) Financial Officer or any Assistant Treasurer)
State of d C State of Cgk(j+owi7 C
County of "cZat, ❑ss County of kyeziA Lss
On A1&4*Ae& 2.3 20// On AIW&% 23. 2011
before me, AV 4At•4 r A/e1way PwL/:c before me, C.,r 6a.atr A/ 0"Q..*c
personally appeared SeA.a ,_A1 )eoAI personally appeared Seam%%✓ .CovnJ
who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory
evidence to be the person(s4 whose name(s) is/are evidence to be the person(&}whose names)is/ara
subscribed to the within instrument and subscribed to the within instrument and
acknowledged to me that heMiva 0.4ey executed the acknowledged to me that he/e4%04tey executed the
same in his/hadtheic authorized capacity(ies), and same in his/heWtkeiF authorized capacity(aes), and
that by his/l% /10"ia signatures(s)on the instrument that by his/Hedtheir signatures(*on the instrument
the person(Q, or the entity upon behalf of which the person* or the entity upon behalf of which
the persons)acted, executed the instrument. the persons)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 an offi i I seal. WITNESS my hand an offic' seal.
Notary Signatu ) Notary Signatur
Notary Seal: Notary Seal:
y - -
LUISn#18 LUIS GARCIA
n#18
Commission•1855342 Commission ar 1855342
i Notary PuWie-California Notary Public-California i
Ricer"County z RiwrsM County
My Comm.Expires Jul20 2013+ my Comm.Ea Iraq Jul 20.2013+
DEMUTH COMMUNITY CENTER GARDEN
CITY PROJECT NO.11-03 AGREEMENT FORM
August 4,2011 AGREEMENT AND BONDS-PAGE 4