HomeMy WebLinkAbout05 C38562 Waterline Technologies - Extension
CONTRACT NO. C38562
STAFF REPORT
CITY OF PALM DESERT
COMMUNITY DEVELOPMENT DEPARTMENT
MEETING DATE: May 27, 2021
PREPARED BY: Jennifer Nelson, Management Analyst
REQUEST: Request for approval to extend Contract No. C38560 for Professional
Pool Chemical Delivery Consulting Services to Waterline
Technologies, Inc., of Santa Ana, California for one year
(FY 2021/2022) in the amount of $73,488 for the Palm Desert
Aquatic Center.
Recommendation
By Minute Motion:
1. Extend Contract No. C38560 for one year with Waterline Technologies, Inc.
(Waterline), of Santa Ana, California, for professional pool chemical delivery
and consulting services for the Palm Desert Aquatic Center (PDAC),
effective July 1, 2021 to June 30, 2022; and
2. Authorize the Mayor to execute the contract extension.
With the approval of the FY 2021/2022 budget funds will be available in the
following account:
Supplies-Pool Chemicals Account No. 2424549-4211100
Strategic Plan
The proposed action will further the goals of the Strategic Plan by providing for necessary
maintenance of the PDAC facility assuring pervasive recreational activities within the City.
Background Analysis
Waterline was awarded the original contract for chemical maintenance services at the
May 9, 2019 City Council meeting after the City conducted a competitive bid process. The
term of the original agreement was from July 1, 2019 through June 30, 2020 with the
option to renew every year until June 30, 2022. On May 28, 2020, the City Council
May 27 , 2021 -Staff Report
Extend Contract No . C38560 for Chemical Maintenance Services to Waterline Technologies ,
Inc.
Page 2 of 2
approved a one-year extension of the current contract ending on June 30 , 2021. Staff is
now requesting to extend the contract for another year with the term ending June 30 ,
2022 .
City and PDAC staff have been pleased with the quality of services provided by Waterline
over the past two years and would like to continue the working relationship . Based on this
factor and that staff at Waterline now have extensive knowledge of the aquatic facility ,
staff is recommending the City extend Contract No . C38560 for the final annual extension
per the original contract term .
Fiscal Analysis
Waterline is not requesting any increase in the annual fee that was approved in the
original 2019/2020 contract. The annual not to exceed cost of $73,488 for this renewal is
included in the proposed 2021/2022 budget. The award of this contract has no fiscal
impact beyond the budgeted price .
LEGAL REVIEW
N/A
DEPT. REVIEW FINANCIAL REVIEW ASSISTANT
CITY MANAGER
Robert W . Hargreaves Eric Ceja Janet M. Moore
City Attorney Interim Director of Director of Finance
.'A.nay :Firestine
Andy Firestine
Assi st ant City Manager
Develo ment Services
City Manager , L. Todd Hileman : --------DENTED----1---
------0THER----i---
VENDOR:
NOES:'"'"Afan~Pi.,_ __________ _
ABSENn 1.1Nf1""'n~f -, -----------
Waterline Technologies , ln Q\BSTAIN:..1b~tw®"""L~---, ----------
620 N . Santiago Street VERIFIEDBY:..,jfl1L~i&:ai&~6~o(Sr.w. _______ _
Santa Ana, CA 92701 Original on File with City Clerk's Office
ATTACHMENTS : 1. Original Executed Agreement (C38560)
Amendment No. 2 (C38562) 2 .
Attachment 1
Contract No. C38560
Services shall be performed by Consultant or under its supervision. Consultant will determine the
means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of
this Agreement. Any additional personnel pertorming the Services under this Agreement on
behalf of Consultant shall also� not be employees of City and shall at all times be under
Consultant's exclusive direction and control. Neither City, nor any of its officials, officers,
directors, employees or agents shall have control over the conduct of Consultant or any of
Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant
shall pay all wages, salaries, and other amounts due such personnel in connection with their
performance of Services under this Agreement and as required by law. Consultant shall be
responsible for all reports and obligations respecting such additional personnel, including, but not
limited to: social securiry taxes, income tax withholding, unemployment insurance, disability
insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously,
within the term of this Agreement, and in accordance with the Schedule of Services set forth in
Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it
has the professional and technical personnel required to perform the Services in conformance
with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall
respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall
provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the app�roval of City.
3.2.4 Substitution of Kev Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Consultant may substitute other personnel
of at least equal competence upon written approval of City. In the event that City and Consultant
cannot agree as to the substitution of key personnel, City shall be entitled to terminate this
Agreement for cause. As discussed below, any personnel who fail or refuse to perform the
Services in a manner acceptable to the City, or who are determined by the Ciry to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a
threat to the safety of persons or property, shall be promptly removed from the Project by the
Consultant at the request of the City. The key personnel for performance of this Agreement are
as follows: Thomas Berry, General Manager.
3.2.5 Citv's Representative. The City hereby designates Johnny Terfehr,
Management Analyst, or his/her designee, to act as its representative in all matters pertaining to
the administration and performance of this Agreement ("City's Representative"). City's
Representative shall have the power to act on behalf of the City for review and approval of all
products submitted by Consultant but not the authority to enlarge the Scope of Work or change
the total compensation due to Consultant under this Agreement. The City Manager shall be
authorized to act on City's behalf and to execute all necessary documents which enlarge the
Scope of Work or change the Consultant's total compensation subject to the provisions contained
in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person
other than the City Manager, City's Representative or his/her designee.
3.2.6 ConsultanYs Representative. Consultant hereby designates Thomas
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Berry, General Manager, or his/her designee, to act as its representative for the performance of
this Agreement ("Consultant's Representative"). ConsultanYs Representative shall have full
authority to represent and act on behalf of the Consultant for all purposes under this Agreement.
The ConsultanYs Representative shall supervise and direct the Services, using his/her best skill
and attention, and shall be responsible for all means, methods, techniques, sequences, and
procedures and for the satisfactory coordination of all portions of the Services under this
Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff
in the performance of Services and shall be available to City's staff, consultants and other staff at
all reasonable times. �
3.2.8 Standard of Care; Performance of Emplovees. Consultant shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Consultant represents and maintains that it is skilled in the professional calling
necessary to perform the Services. Consultant warrants that all employees and subconsultants
shall have sufficient skill and experience to perform the Services assigned to them. Finally,
Consultant represents that it, its employees and subconsultants have all licenses, permits,
qualifications and approvals of whatever nature that are legally required to perform the Services,
and that such licenses and approvals shall be maintained throughout the term of this Agreement.
As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at
its own cost and expense and without reimbursement from the Citjr, any services necessary to
correct errors or omissions which are caused by the Consultant's failure to comply with the
standard of care provided for herein.. Any employee of the Consultant or its sub-consultants who
is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely
completion of the Project, a threat to the safety of persons or property, or any employee who fails
or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed
from the Project by the Consultant and shall not be re-employed to perform any of the Services
or to work on the Project.
3.2.9 Period of Consultant shall perform and complete all Services under this
Agreement within the term set forth in Section 3.1.2 above ("Performance Time"). Consultant shall
also perform the Services in strict accordance with any completion schedule or Project milestones
described in Exhibits "A" or "B" attached hereto, or which may be separately agreed upon in writing
by the City and Consultant ("Performance Milestones"). Consultant agrees that if the Services
are not completed within the aforementioned Performance Time and/or pursuant to any such
Project Milestones developed pursuant to provisions of this Agreement, it is understood,
acknowledged and agreed that the City will suffer damage
3.2.10 Laws and Requlations; Emplovee/Labor Certification. Consultant shall
keep itself fully informed of and in compliance with all local, state and federal laws, rules and
regulations in any manner affecting the performance of the Project or the Services, including all
Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for
all violations of such laws and regulations in connection with Services. If Consultant performs
any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely
responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its
officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the
indemnification provisions of this Agreement, from any claim or liability arising out of any failure
or alleged failure to comply with such laws, rules or regulations.
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3.2.10.1 Emplovment Eliqibilitv; Consultant. By executing this
Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state
and federal law respecting the employment of undocumented aliens, including, but not limited to,
the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such
requirements and restrictions include, but are n.ot limited to, examination and retention of
documentation confirming the identity and immigration status of each employee of the Consultant.
Consultant also verifies that it has not committed a violation of any such law within the five (5)
years immediately preceding the date of execution of this Agreement, and shall not violate any
such law at any time during the term of the Agreement. Consultant shall avoid any violation of
any such law during the term of this Agreement by participating in an electronic verification of
work authorization program operated by the United States Department of Homeland Security, by
participating in an equivalent federal work authorization program operated by the United States
Department of Homeland Security to verify information of newly hired employees, or by some
other legally acceptable method. Consultant shall maintain records of each such verification, and
shall make them available to the City or its representatives for inspection and copy at any time
during normal business hours. The City shall not be responsible for any costs or expenses related
to ConsultanYs compliance with the requirements provided for in Section 3.2.10 or any of its sub-
sections.
3.2.10.2 Emplovment Eliqibilitv: Subcontractors, Consultants, Sub-
subcontractors and Subconsultants. To the same extent and under the same conditions as
Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and
subconsultants performing any work relating to the Project or this Agreement to make the same
verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Emqlovment Eliqibilitv; Failure to Complv. Each person
executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer
of Consultant, and understands that any of the following shall be grounds for the City to terminate
the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub-
subcontractors or subconsultants .to meet any of the requirements provided for in Sections
3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with
such requirements (including in those verifications provided to the Consultant under Section
3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in
compliance with such requirements.
3.2.10.4 Equal Opportunitv Emplovment. Consultant represents that it is
an equal opportunity employer and it shall not discriminate against any subconsultant, employee
or applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination. Consultant shall also comply with all relevant provisions of City's Minority Business
Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in
effect or hereinafter enacted.
3.2.10.5 Air Qualitv. To the extent applicable, Consultant must fully
comply with all applicable laws, rules and regulations in furnishing or using equipment and/or
providing services, including, but not limited to, emissions limits and permitting requirements
imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air
Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more
broad, Consultant shall specifically be aware of their application to "portable equipment", which
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definition is considered by SCAQMD and CARB to include any item of equipment with a fuel-
powered engine. Consultant shall indemnify City against any fines or penalties imposed by
SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable
laws, rules and/or regulations by Consultant, its sub-consultants, or others for whom Consultant
is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.6 Safetv. Consultant shall execute and maintain its work so as to
avoid injury or damage to any person or property. In carrying out its Services, the Consultant
shall at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees appropriate
to the nature of the work and the conditions under which the work is to be performed. Safety
precautions, where applicable, shall include, but shall not be limited to`. (A) adequate life
protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all
employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges,
gang planks, confined space procedures, trenching and shoring, equipment and other safery
devices, equipment and wearing apparel as are necessary or lawfully required to prevent
accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all
safety measures.
3.2.11 Insurance.
3.2.11.1 Minimum Requirements. Without limiting Consultant's
indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and
maintain at its own expense during the term of this Agreement, policies of insurance of the type
and amounts described below and in a form that is satisfactory to City.
(A) General Liabilitv Insurance. Consultant shall maintain
commercial general liability insurance with coverage at least as broad as Insurance Services
Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general
aggregate, for bodily injury, personal injury, and property damage. The policy must include
contractual liability that has not been amended. Any endorsement restricting standard ISO
"insured contracY' language will not be accepted.
(B) Automobile Liabilitv Insurance. Consultant shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering
bodily injury and property damage for all activities of the Consultant arising out of or in connection
with Work to be performed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
accident. The City's Risk Manger may modify this requirement if it is determined that Consultant
will not be utilizing a vehicle in the performance of his/her duties under this agreement.
(C) Professional Liabilitv (Errors & Omissions) Insurance.
Consultant shall maintain professional liability insurance that covers the Services to be performed
in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the
aggregate. Any policy. inception date, continuity date, or retroactive date must be before the
effective date of this agreement and Consultant agrees to maintain continuous coverage through
a period no less than three years after completion of the services required by this agreement.
(D) Workers' Compensation Insurance. Consultant shall
maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance
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(with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of the City of Palm Desert, its officers,
agents, employees and volunteers.
(E) Umbrella or Excess Liabilitv Insurance. Consultant may opt
to utilize umbrella or excess liability insurance in meeting insurance requirements. In such
circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance
policy -with limits that will provide bodily injury, personal injury and property damage liability
coverage at least as broad as the primary coverages set forth above, including commercial
general liability and employer's liability. Such policy or policies shall include the following terms
and conditions:
(1) A drop down feature requiring the policy to respond if
any primary insurance that would otherwise have
applied proves to be uncollectible in whole or in part for
any reason;
(2) Pay on behalf of wording as opposed to reimbursement;
(3) Concurrency of effective dates with primary policies;
and
(4) Policies shall "follow form" to the underlying primary
policies.
(5) Insureds under primary policies shall also be insureds
under the umbrella or excess policies.
If coverage is maintained on a claims-made basis, Consultant shall maintain such
coverage for an additional period of three (3) years following termination of the Contract.
3.2.11.2 Other Provisions or Requirements.
(A) Proof of Insurance. Consultant shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers' compensation. Insurance certificates and endorsements
must be approved by City's Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required insurance policies, at
any time.
(B) Duration of Coveraqe. Consultant shall procure and
maintain for the duration of the contract insurance against claims for injuries to persons or
damages to property, which may arise from or in connection with the performance of the Work
hereunder by Consultant, his/her agents, representatives, employees or subconsultants.
(C) Primarv/Non-Contributinq. Coverage provided by
Consultant shall be primary and any insurance or self-insurance procured or maintained by City
shall not be required to contribute with it. The limits of insurance required herein may be satisfied
by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance
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Contract No. C38560
shall contain or be endorsed to contain a provision that such coverage shall also apply on a
primary and non-contributory basis for the benefit of City before the City's own insurance or self-
insurance shall be called upon to protect it as a named insured.
(D) Citv's Riqhts of Enforcement. In the event any policy of
insurance required under this Agreement does not comply with these specifications, or is
canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued
by an insurance company currently authorized by the Insurance Commissioner to transact
business of insurance or is on the List of Approved Surplus Line Insurers in the State of California,
with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or
larger) in accordance with the latest edition of BesYs Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
(F) Waiver of Subroqation. All insurance coverage maintained
or procured pursuant to this agreement shall be endorsed to waive subrogation against the City
of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers, or
shall specifically allow Consultant or others providing insurance evidence in compliance with
these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its
own right of recovery against the City of Palm Desert, its elected or appointed officers, agents,
officials, employees and volunteers, and shall require similar written express waivers and
insurance clauses from each of its sub-contractors.
(G) Enforcement of Contract Provisions (non estoppel).
Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to
inform Consultant of non-compliance with any requirement imposes no additional obligations on
the City nor does it waive any rights hereunder.
(H) Requirements Not Limitinq. Requirements of specific
coverage features or limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature is for purposes of clarification only as it pertains to
a given issue and is not intended by any party or insured to be all inclusiVe, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher limits than the
minimums shown above, the City requires and shall be entitled to coverage for the higher limits
maintained by the Consultant. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
(I) Notice of Cancellation. Consultant agrees to oblige its
insurance agent or broker and insurers to provide to City with a thirry (30) day notice of
cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of
coverage for each required coverage.
(J) Additional Insured Status. General liability, automobile
liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed
to provide that the City of Palm Desert and its officers, officials, employees, agents, and volunteers
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shall be additional insureds with regard to liability and defense of suits or claims arising out of the
performance of the Agreement, under such policies. This provision shall also apply to any
excess/umbrella liability policies.
(K) Prohibition of Undisclosed Coveraqe Limitations. None of
the coverages required herein will be in compliance with these requirements if #hey include any
limiting endorsement of any kind that has not been first submitted to City and approved of in
writing.
(L) Separation of Insureds. A severability of interests provision
must apply for all additional insureds ensuring that ConsultanYs insurance shall apply separately
to each insured against whom claim is made or suit is brought, except with respect to the insurer's
limits of liability. The policy(ies) shall not contain any cross=liability exclusions.
(M) Pass Throuqh Clause. Gonsultant agrees to ensure that its
sub-consultants, sub-contractors, arid any other parry involved with the project .who is brought
onto or involved in the project by Consultant, provide the same minimum insurance coverage and
endorsements required of Consultant. Consultant agrees to monitor and review all such coyerage
and assumes all responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all agreements with
consultants, sub-contractors, and others engaged in the project will be submitted to Ci.ty for
review. . �
(N) Citv's Riqht to Revise Specifications. The City or Risk
Manager reserves the right at any time during the term of the contract to change the amounts and
types of insurance required by giving the Consultant ninety (90) days advance written notice of
such change. If such change results in substantial additional cost to the Consultant, the City and
Consultant may renegotiate ConsultanYs compensation. If the City reduces the insurance
requirements, the change shall go into effect immediately and require no advanced written notice.
(0) Self-Insured Retentions. Any self-insured retentions must
be declared to and approved by City. City reserves the right to require that self-insured.retentions
be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to
comply with these specifications unless approved by City.
(P) Timelv Notice of Claims. Consultant shall give City prompt
and #imely notice of claims made or suits instituted that arise .out of or result from Consultant's
performance und:er this Agreement, and that involve or may involve coverage under any of the
required liability policies.
(Q) Additional Insurance. Consultant shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the Services.
IA� ]
3.2.12 Water Quali#v Manaqement and Compliance.
3.2.12.1 Storm Water Manaqement. Storm, surface, nuisance, or other
waters may be encountered at various times during the Services. Consultant hereby
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acknowledges that it has investigated the risk arising from such waters, and assumes any and all
risks and liabilities arising therefrom.
3.2.12.2 Compliance with Water Quality Laws, Ordinances and
ReQulations. Consultant shall keep itself and all subcontractors, staff, and employees fully
informed of and in compliance with all local, state and federal laws, rules and regulations that may
impact, or be implicated by the performance of the Services including, without limitation, all
applicable provisions of the Ciry's ordinances regulating water quality and storm water; the
Federal Water Pollution Control Act (33 U.S.C. § 1251, et'seq.); the California Porter-Cologne
Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or
permits issued pursuant to any such authority. Consultant must additionally comply with the lawful
requirements of the City, and any other municipality, drainage district, or other local agency with
jurisdiction over the location where the Services are to be conducted, regulating water quality and
storm water discharges.
3.2.12.3 Standard of Care. Consultant warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the work assigned to them
without impacting water quality in violation of the laws, regulations and policies described in
Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees and
subcontractors have or will receive adequate training, as determined by the City, regarding these
requirements as they may relate to the Services.
3.2.12.4 Liabilitv for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and
ordinances listed in Section 3.2.14.2 of this Agreement is a violation of federal and state law.
Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify
and hold harmless the City, its officials, officers, agents, employees and authorized volunteers
from and against any and all claims, demands, losses or liabilities of any kind or nature which the
City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for
noncompliance with the laws, regulations, and ordinances listed above, arising out of or in
connection with the Services, except for liability resulting from the sole established negligence,
willful misconduct or active negligence of the City, its officials, officers, agents, employees or
authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement
action or civil action brought against the City for ConsultanYs failure to comply with any applicable
water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to
reimburse the City for the costs associated with, any settlement reached between the City and
the relevani enforcement entity.
(C) Damages: City may seek damages from Consultant for
delay in completing the Services caused by ConsultanYs failure to comply with the laws,
regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant
water quality law, regulation, or policy.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall , receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
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in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall
not exceed seventy three thousand four hundred eighty eight and 00/100 ($73.488.00) without
written approval of the City Council or City Manager as applicable. Extra Work may be authorized,
as described below, and if authorized, will be compensated at the rates and manner set forth in
this Agreement.
� 3.3.2 Pavment of Compensation. Consultant shall submit to City a monthly
invoice which indicates work completed and hours of Services rendered by Consultant. The
invoice shall describe the amount of Services provided since the initial commencement date, or
since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed
and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give
written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set
forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last
date of provided Services or termination in accordance with section 3.6.1 and failure by the
Consultant to submit a timely invoice may constitute a waiver of its right to final payment.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.3.4 Extra Work. At any time during the. term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which
is determined by City to be necessary for the proper completion of the Project, but which the
Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization
from the City.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to
Section 3.1.2, the rate set forth in Exhibit "C" may be adjusted each year at the time of renewal
as set forth in Exhibit "C."
3.4 Labor Code Requirements.
3.4.1 Prevailinq Waqes. Consultant is aware of the requirements of 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"), which require the payment of prevailing
wage rates and the performance of other requirements on "public works" and "maintenance"
projects. If the Services are being performed as part of an applicable "public works" or
"maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply
with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates
of per diem wages in effect at the commencement of this Agreement. Consultant shall make
copies of the prevailing rates of per diem wages for each craft, classification or type of worker
needed to execute the Services available to interested parties upon request, and shall post copies
at the Consultant's principal place of business and at the project site. It is the intent of the parties
to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the
Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code
sections to the fullest extent required by law. Consultant shall 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.
(BB&K 2018)
72500.00001\31605678.1 Rev 11-9-18 -10-
Contract No. C38560
3.4.2 Reqistration/DIR Compliance. If the Services are being performed on a
public works project of over $25,000 when the project is for construction, alteration, demolition,
installation, or repair work, or a public works project of over $15,000 when the project is for
� maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and
1771.1, the Consultant and all subconsultants must be registered with the Department of
Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the project
and require the same of any subconsultants. This project may also be subject to compliance
monitoring and enforcement by the DI R. It shall be ConsultanYs sole responsibility to comply with
all applicable registration and labor compliance requirements, including the submission of payroll
records directly to the DIR. Any stop orders issued by the Department of Industrial Relations
against Consultant or any subconsultant that affect Consultant's performance of services,
including any delay, shall be ConsultanYs sole responsibility. Any delay arising out of or resulting
from such stop orders shall be considered Consultant caused delay and shall not be compensable
by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees
and agents free and harmless from any claim or liability arising out of stop orders issued by the
Department of Industrial Relations against Consultant or any subconsultant.
3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it
is 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 that Code, and agrees to comply with such provisions before
commencing the performance of the Services.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All such
records shall be clearly identifiable. Consultant shall allow a representative of City during normal
business hours to examine, audit, and make transcripts or copies of such records and any other
documents created pursuant to this Agreement. Consultant shall allow i.nspection of all work,�data,
documents, proceedings, and activities related to the Agreement for a period of three (3) years
from the date of final payment under tliis Agreement.
3.6 General Provisions.
3.6.1 Termination of Aareement.
3.6.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Consultant of such termination, and specifying the effective date thereof,
at least seven (7) days before the effective date of such termination. Upon termination, Consultant
shall be compensated only for those Services which have been adequately rendered to City, and
Consultant shall be entitled to no further compensation. Consultant may not terminate this
Agreement except for cause.
3.6.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Consultant to provide all finished or unfinished Documents and
Data and other information of any kind prepared by Consultant in connection with the performance
of Services under this Agreement. Consultant shall be required to provide such document and
other information within fifteen (15) days of the request.
(BB&K 2018)
72500.00001\31605678.1 Rev 11-9-18 -11-
Contract No. C38560
3.6.1.3 Additional Services. In the event this Agreement is terminated
in whole or in part as provided herein, City may procure, upon such terms and in such manner as
it may determine appropriate, services similar to those terminated.
3.6.2 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
Consultant: Waterline Technologies, Inc.
620 North Santiago Street
Santa Ana, CA 92701
ATTN: Tom Berry, General Manager
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
ATTN: Johnny Terfehr, Management Anlayst
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48)
hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.6.3 Ownership of Materials and Confidentialitv.
3.6.3.1 Documents & Data; Licensinq of Intellectual Proqertv. This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in
any tangible medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be
prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall
be and remain the property of City, and shall not be used in whole or in substantial part by
Consultant on other projects without the City's express written permission. Within thirty (30) days
following the completion, suspension, abandonment or termination of this Agreement, Consultant
shall provide to Ciry reproducible copies of all Documents & Data, in a form and amount required
by City. City reserves the right to select the method of document reproduction and to establish
where the reproduction will be accomplished. The reproduction expense shall be borne by City
at the actual cost of duplication. In the event of a dispute regarding the amount of compensation
to which the Consultant is entitled under the termination provisions of this Agreement, Consultant
shall provid'e all Documents & Data to City upon payment of the undisputed amount. Consultant
shall have no right to retain or fail to provide to City any such documents pending resolution of
the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a
minimum of fifteen (15) years following completion of the Project, and shall make copies available
to City upon the payment of actual reasonable duplication costs. Before destroying the
Documents & Data following this retention period, Consultant shall make a reasonable effort to
notify City and provide City with the opportunity to obtain the documents.
3.6.3.2 Subconsultants. Consultant shall require all subconsultants to
agree in writing that City is granted a non-exclusive and perpetual license for any Documents &
(BB&K 201 S)
72500.00001\31605678.1 Rev 11-9-18 -12-
Contract No. C38560
Data the subconsultant prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant makes no
such representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Consultant or its subconsultants, or those provided to Consultant by the
City.
3.6.3.3 Riqht to Use. City shall not be limited in any way in its use or
reuse of the Documents and Data or any part of them at any time for purposes of this Project or
another project, provided that any such use not within the purposes intended by this Agreement
or on a project other than this Project without employing the services of Consultant shall be at
City's sole risk. If City uses or reuses the Documents & Data on any project other than this Project,
it shall remove the Consultant's seal from the Documents & Data and indemnify and hold harmless
Consultant and its officers, directors, agents and employees from claims arising out of the
negligent use or re-use of the Documents & Data on such other project. Consultant shall be
responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only
with respect to the condition of the Documents & Data at the time they are provided to the City
upon completion, suspension, abandonment or termination. Consultant shall not be responsible
or liable for any revisions to the Documents & Data made by any party other than Consultant, a
parry for whom the Consultant is legally responsible or liable, or anyone approved by the
Consultant.
3.6.3.4 Indemnification — Proprietary Information. Consultant shall
defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and
agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any
alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other
proprietary right of any person or entity in consequence of the use on the Project by City of the
Documents & Data, including any method, process, product, or concept specified or depicted.
3.6.3.5 Confidentialitv. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other pocuments & Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant. Such
materials shall not, without the prior written consent of City, be used by Consultant for any
purposes other than the performance of the Services. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or
the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.6.3.6 Confidential Information. The City shall refrain from releasing
ConsultanYs proprietary information ("Proprietary Information") unless the City's legal counsel
determines that the release of the Proprietary Information is required by the California Public
Records Act or other applicable state or federal law, or order of a court of competent jurisdiction,
in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the Release Notice to give City written
notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall
indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents
from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal
(BB&K 201 S)
72500.00001\31605678.1 Rev 11-9-18 -13-
Contract No. C38560
action brought to compel the release of Proprietary Information. City shall not release the
Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to
fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal
action brought to compel such release; and/or (2) a final and non-appealable order by a court of
competent jurisdiction requires that City release such information.
3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.6.5 f Reservedl
3.6.6 I ndemnification.
3.6.6.1 To the fullest extent permitted by law, Consultant shall defend
(with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees,
volunteers, and agents free and harmless from any and all claims, demands, causes of action,
costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or
persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any
acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees,
subconsultants or agents in connection with the performance of the Consultant's Services, the
Project or this Agreement, including without limitation the payment of all damages, expert witness
fees and attorney's fees and other related costs and expenses. Consultant's obligation to
indemnify shall survive expiration or termination of this Agreement and shall not be restricted to
insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees,
agents, or volunteers.
3.6.6.2 If ConsultanYs obligation to defend, indemnify, and/or hold
harmless arises out of ConsultanYs performance as a"design professional" (as that term is
defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code
section 2782.8, which is fully incorporated herein, ConsultanYs indemnification obligation shall be
limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of
competent jurisdiction, ConsultanYs liability for such claim, including the cost to defend, shall not
exceed the ConsultanYs proportionate percentage of fault.
3.6.7 � Entire Aqreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by both
parties.
3.6.8 Governinq Law; Government Code Claim Compliance. This Agreement
shall be governed by the laws of the State of California. Venue shall be in Riverside County. In
addition to any and all contract requirements pertaining to notices of and requests for
compensation or payment for extra work, disputed work, claims and/or changed conditions,
Consultant must comply with the claim procedures set forth in Government Code sections 900 et
se�c . prior to filing any lawsuit against the City. Such Government Code claims and any
subsequent lawsuit based upon the Government Code claims shall be limited to those matters
that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or
changed conditions have been followed by Consultant. If no such Government Code claim is
(BB&K 2oie)
72500.00001\31605678.1 Rev 11-9-18 -14-
Contract No. C38560
submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified
herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.6.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.6.10 Citv's Riqht to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.6.11 Successors and Assiqns. This Agreement shall be binding on the
successors and assigns of the parties.
, 3.6.12 Assiqnment or Transfer. Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,
hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer. �
3.6.13 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning;, and not strictly for or against any Party. Any term
referencing time, days or period for performance shall be deemed calendar days and not work
days. All references to Consultant include all personnel, employees, agents, and subconsultants
of Consultant, except as otherwise specified in this Agreement. All references to City include its
elected officials, officers; employees, agents, and volunteers except as otherwise specified in this
Agreement. The captions of the various articles and paragraphs are for convenience and ease
of reference only, and do not define, limit, augment, or describe the scope, content, or intent of
this Agreement.
3.6.14 Amendment; Modification. No supplement, modification, or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.6.16 No Third-Partv Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.6.17 Invaliditv: Severabilitv. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than.a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
(BB&K 201 S)
72500.00001\31605678.1 Rev 11-9-18 -15-
Contract No. C38560
of this warranty, City shall have the right to rescind this Agreement without liability. For the, term
of this Agreement, no member, officer or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
3.6.19 Authoritv to Enter Aqreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.6.20 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.7 Subcontracting.
3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of
the work required by this Agreement, except as expressly stated herein, without prior written
approval of City. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement.
[SIGNATURES ON NEXT PAGE]
(BB&K 2018)
72500.00001\31605678.1 Rev 11-9-18 -16-
Contract No. C38560
SIGNATURE PAGE TO
PROFESSIONAL SERVICES AGREEMENT BY AND
BETWEEN THE CITY OF PALM DESERT AND Waterline
Technologies, Inc.
CITY OF PALM DESERT
Waterline Technologies, Inc.
[IF CORPORATION, TWO SIGNATURES,
PRESIDENT OR VICE PRESIDENT AND
By: S-.� �-�-`�.c�� SECRETARY OR TREASURER REGIUIRED]
SUSAN MARIE WEBER
Mayor
By: 2• �-�
� � CJ
its: � �'
ATTEST: - �i arrfi45 R i��t-'�?R� f
�:.
� Printed Name:
By: ' -
y:i, ler � .
- . ' �� - �, e�
(BB&K 2018)
72500.00001\31605678.1 Rev 11-9-18
�ts: �E.,-�.�-Q.Q-e� /
Printed Name: -� )� Va'�
6��
. -. �
_ ,.
,�;� ; - _
�
Notary Acknowledgment
�,1.,►�«a�� iv�. C�:lJJ
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 C���b�
On n/%�� �d , 20 � 1, before me�, ����� �'��� Ir�� Notary Public,
personally appeared "��M i�S R• 8��t��, who proved to me on the basis of satisfactory
evidence to be the person'(� whose name�/�re subscribed to the within instrument and ackno ledged to
me that e/ he/they executed the same in`his her/their authorized capacity(ies�, and that by hisl er/their
signature{� on the instrument the persori�s,), or the entity upon behalf of which the person�acte , executed
the instrument.
,-�• .............
; •,;r ;°;, •+, SARAH c. ORTIZ ,
� /�.y � Coaimission No. 2236180
;:;^d0 . • NOTARY PUBLI,C-CALIFORNIA �
` ` ORANGE CC�UNTY �
� M� Co�xn, E�ph�t YAtICM 29. 2022 '
� .
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.
�
��
Signature of f�fotary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulenf removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
� Individual
� Corporate Officer
� Fartner(s)
❑ Attorney-In-Fact
� Trustee(s)
� Guardian/Conservator
� Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
`'P�Lb�f� ����r1— S�V1G�S �� ��W1£C�
Title(s)
❑ Limited
❑ General
Title or Type of Document
Number of Pages
M��{ Z.� � 2��°�
Date of Document
Signer(s) Other Than Named Above
(BB&K 2018)
72500.00001\31605678.1 Rev 11-9-18
6[:�
Notary Acknowledgment
��iiva�� IFu. i.�oft�
A nota� public or other officer completing this certificate verifies only the identity of the individual who
signed he document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
STATE OF CALIFORNIA
COUNTY OF O�C�E
On JV�'1P. 3 20 ��, before me $A►�� �• �-�iZ- , Notary Public,
personaily appeared ��"T HR��.. . 1���-E , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name�- is r subscribed to the within instrument and acknowl d to
me that he she hey executed the same in his er heir authorized capacity�ieS), and that by h' /her h ir
signature� on the instrument the person(s), or the entity upon behalf of which the person(`s� acted, executed
the instrument.
��� ..�. SARAH E. ORTIZ
Conimission No. 2236t8Q �
� � NOTARY PUBLIC-CALIFORNIA �
ORANGE CCIUNTY `F
I� W� Cpmm. E�phet MARCM 29, 2022 ' E
i
, 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.
l
���
Sign�ture of IV ar ublic
OPTIONAL
Though the information below is not required by law, ii may prove valuable to persons relying on fhe
document and could prevent fraudulenf remova! and reattachmeni of this form fo another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
individual
�•OCorporate Officer
-- ---- - -- - ------- - -- -
Title(s)
-. Partner(s)
-; Attorney-In-Fact
�- Trustee(s)
; Guardian/Conservator
� Other:
Pro�fess��ov�a l SeYv�ces---� r�n�eVC't - -
Title or Type of Docu�ent
Limited 1
------- ---- -------.... _. . —
General Number of Pages
- �u,+^.� 3-� �t`� ----
Date of Document
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
(BB&K 2018)_ ,
72500.00001\31605678.1 Rev11-9-18 -18-
Contract No. C38560
EXHIBIT "A"
SCOPE OF SERVICES
Palm Desert Aquatic Center Chemical Acquisition Specifications, Insurance
Requirements, Bond Requirements, and Bid Form are attached and made a part herein.
(BB&K 2018) Exhibit "A"-1
72500.00001\31605678.1 Rev 11-9-18
Contract No. C38560
EXHIBIT "B"
SCHEDULE OF SERVICES
Palm Desert Aquatic Center Chemical Acquisition Specifications, Insurance
Requirements, Bond Requirements, and Bid Form are attached and made a part herein.
(BB&K 2018) Exhibit °B°-1
72500.00001\31605678.1 Rev 11-9-18
EXHIBIT "C"
COMPENSATION
Palm Desert Aquatic Center Chemical Acquisition Specifications, Insurance
Requirements, Bond Requirements, and Completed Bid Form notarized by Waterline
Technologies, Inc. are attached and made a part herein.
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above
may be increased or reduced each year at the time of renewal, but any increase shall not exceed
the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties.]
(BB&K 2018) Exhibit "C"-1
72500.00001\31605678.1 Rev 71-9-18
Contract No. G3856d
Bond # 100445680
PERFORMANCE BOND EffectiveDate:7/1/2019
Expiration Date: 6/30/2020
KNOVII ALL MEN BY THESE PRESENTS: ihat whereas the ,City of Ralm Desert has,
aW11'ded t0 Waterline Technologies, Inc. �
, hereinafter designated_as "Principal;" a contract for:
CITY OF PALM DESERT
AQUATiC CENTER CHEIVIICAL ACQUISITiON
CONTRACT NO. C38560 �
WHEREAS, said Principal is required under the terms of said contract to furnish a.good
and sufficierit borid fvr the performance of said contrac�:
NOW THEREFORE, WE, Waterline Technologies,.lnc.,�.the Princlpal, and American
Contractors Indemniry Company . as Surety, are held and firmly bound unta the City oi Palm
De.sert,. hereinafter calied City, in the penal sum .of Seventy-Three Thousand Four Hundred •
Eighty-Eight and no/100----------- DollarS ($ 73,488.00 }, being 100% �.of the
contract amouht in. lawful money of the United States of.America for the payment of which:sum
well and truly to be made, we her0by bin� ourselves, our heirs, executors, administrators, and
successors, jointly and.severa0y, firmly:by these,presents.
THE CONDITIQN OF THIS OBLIGATI�N lS SUCH �that if the above bounded Principal,
his executors,.�heirs,. administrators, and successors,.or assigns, shall in all things stand #o and
abide by, ancl well and truly keep and periorm the.covenants and agreements-in the said contract
and any alterations thereof made as therein provided, on his or their part, to be. kepf and �
performed at.the time and ln the manner therein specified, and in all,respects according to th"eir
true intent and meaning, and sha(� indemnify and save harmless the.City, its officers and agents,
as therein stipulated, then this obligation shall become null and void; other.wise, it�shall be and
remain in fuli force and virtue.
And said -Si,rety; for. value received, hereby stipulates and agrees that no: change,
extension of time, alterativri or a�dit(on�to terms of the contract'or to the work to be performe�
thereunder ar the specifications.accompanying the.same shall in any:wise affect its obligations
on #his bond, and it.does.hereby waive. notice of. any such .change; extension of time, alterations
or additfons to ih:e terms of the contract or to the work or the specifications. •
Should it become necessary for City to institute a lawsuit _or any other lega! proceeding to
enforce the terms and conditions bf this bond, then a1! costs. of said proceeding, including
attorneys' fees, shall 6e.awarded to the preya(ling party.
{BB&K 2017) Exhibit "D"-2
72500.00001131 fi05678.1
Contract Na. C38560
. IN WITNESS.INHEREOF, identical eounterparts of this instrurrient, each of which shall for
al[ purpases be deemed an original thereof, have been duly.executed by the Principal and Surety
above named,:.on this 21st day. of Nfay � Zp� g,
American Contractors Indemnity Compan� UUaterline Teehnologies, Inc.
SURETY PRINCiPAL
BY: ,IJa�d' �M�� BY: I K•�C.J
r
INS.URANCE COMPANY and/or AGENT . American Contractors Indemnity Com any
ADDRESS' .. 801 S. Figueroa St.,Ste 700, Los An�eles, CA 90017 �
TELEPHONE'NUMBER 310-649-0990
(BB&K 2017) Exhibit_"D"-3
7250Q.OQ001131605878.1
Ci4LIFORNIA �4LL- PURPOSE
CERTIFIC�►�E O� �4CKNOWLEDC�MENT
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 ��U (���
On M a�1 .`� � before me, IZ � • Q��� Z-. ,
, (Here msert name and title of the officer)
personally appeared Tf'f"4/l/ll�s � • ���Ey
,
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 ir�/her/their authorized capacitytie.�, and that by
is er/their signaturejs� on the instrument the person(�,�, or the entity upon behalf of
' which the person(� 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.
, .. .
' � . .• ...:'' ,• SARAH E. ORTlZ E ,
WITNESS my hand and official seal. comm�ss+o� No. 22sstep �
�: � NOTARY PUBLIC-CALIfORNIa �
ORANGE CpUNTY
� ` Mr com�n. �,v��es MARCF129, so2s • �
�"� . . ,..
Notary Publ'��S Cjnature (Notary Public Seal)
t ' �
ADDITIONAL OPTIONAL INFORMATION �STRUCTIONS FOR COMPLETING THIS FORM
This jorm complies with curren( California statutes regarding no�ary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT fneeded, should be completed and attached �o the document. Acknowledgments
from other states may be completed for documents being sent to that state so long
, � 1 � V�� as the wording does nof require the Caiifornto notory Jo viotale California nntary
law.
(Title or description of attached document) • State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
4 • Date of notari�ztion must be the date that the signer(s) personally appeared which
. (TiUe or description of attached document continued) must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appcars within his or her
Number of Pages Document Date commission followed by a comma and then your title (notary public).
• Print thc name(s) of document signer(s) who personally appear at the time of
notarization.
• CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incoaect forms (i.e.
he/shelt�3ey,— is /are ) or circling the correct forms. Failure to correctly indicate this
❑ Individual (s) information may lead to rejection ofdocument recording.
❑ Corporate Offieer . Thc notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If scal impression smudges, re-seal if a
(Title) sufficient area permiu, otherwise complete a different acknowled�nent form.
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
� ❑ Attorney-in-Fact . Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
Other . indicate title or type of attached document, number of pages and date.
� ❑ . [ndicate the capacity claimed by the sigrter. If thc claimed capacity is a
' corporate officer, indicate the titic (i.e. CEO, CPO, Secretary).
'.%J9 � t;'�rs;io� �.•t.�ev �intaryGlass�s.cem &;<<-8'3-9rr35 • Securely attach this document to the signed document with a staple.
ACKNOWLEDGEMENT OF SURETY
State of Minnesota
County of Hennenin
On this the 21 st day of Mav , 2019, before me, Chelsea A. Bremer
Notary Public, personally appeazed David J. Rudnik , personally known to me to be the
person whose name is subscribed to the within instrument and acknowledged to me a11 that he/she executed
the same in his/her authorized capacities, and that by his/her signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
'� CHELSEA A. BREMER
����,"V U�� I(J' �/��� n/v � Notary Public-Minnesota
_ �X/ (Seal) My Commbsion Expires Jan 31, 2ozo
Signature
ACKNOWLEDGEMENT OF PRINCIPAL (Corporation)
State of
County of
On this the day of , 20_, before me personally appeared
, to me known, who, being duly sworn, did say that he/she is the
of ,a corporation, that the
seal affixed to the foregoing bond is the corporate seal of the corporation, and that said bond was executed on
behalf of the corporation by authority of its Board of Directors.
Notary Public
ACKNOWLEDGEMENT OF PRINCIPAL (Individual or Partnership)
State of
County of
On this the day of , 20 , before me personally appeared
, to me known to be the person described in and who executed the foregoing
bond and acknowledges to me that he/she executed the same.
Notary Public
Cont�•act No. C38560
Bond # 100445680
' Effective Date: 7/1 /2019
PAYMENT BUND �Pl�uon Date: 6/30/2020
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, City of Palm Desert {sometimes referred to hereinafter as "Obligee"� has
awarded to Waterl'ine Technologies, Inc. (hereinafter designated as "Contraetor"�,
an agreement dated Mav9,2o19 �and described as follows: CIT1( OF
PALM DESERT AQUATIC CENTER CHEMICAL AC�UiSITfON, CONTRACT NO. C365.60,
(hereina#ter referred to as the °Contract"}; and
WHEREAS, said Contractor is required to furnish a bond in conneciion with said Contract,
and pursuant to Section 3247�of the Califomia Civil Code;
NOW, THEREFORE, we, Waterline Technologies, Inc, the undersigned Contractor, as
Principal, and American Contractors Indemnity Company a eorporation OPgS�IZ9Cf and existing
under the laws of ihe State of c�tifornia , and duly authorized to
transact basi�ess under the laws of the State of California, as Surety, are held and firmiy
bound unto City of Palm Desert and to any and all persons, companies or corporations
entitled to file stop notices under Section 3181 of the Cal'rfornia Civil Cocie, in the sum of
Seventy-Three Thousand Four Hundred Ei�htv-Eisht and no/100D0IIaYS �$ 73>488.00 �, said sum being
not less than one hundred percent {100%} of the total amount payable by said Obligee unQer
the terms of said Contract, for which payment well and truly to be made, we bind ourselves,
our heirs, executors and administrators, successors and assigris, jointly and severally, firmly
by these presenfs.
THE CONDkTI�N UF �'HIS �BLIGATION IS SUCH, fhat, if said. Contractor, his or its heirs,
executors, administrators, successors or assigns, or subContractors, shall fail to pay for any
materials, provisions or ather supplies; implements, machinery or power used in, upan; for or
about the performance of the Public UUork contracted to be done, or ta pay any person far
any work or labor of any kind, or for bestowing skills or other necessary services thereon, or
for amounts due under the Unemployment Insurance Code with respect to such work or labor,
or for any amounts required to be deducted, withheld, and paid over to the Emplayment
Development Department from the wages df employees of said Contractor and his or its
subContractors pursuant to Section f 3024 of the Unemployment Insurance Code with
respect to such work and labor as requlred by ihe provisions of Section 3247 through 3252
of the Civil Code, ar for any amounts required to be deducted, withheld, and paid over ta the
Franchise Tax Board or lnternal Revenue Service from the wages of employees of Contractor
or his or its SubContractors, the Surety or Sureties hereon �rill pay for the�same in an amount
not exceeding the sum specified in this bond, oiherwise the.above obligaiion shall be.void.
In addition to fhe pravisions heretn abo�e, it is agreed that this bond will inure to the benefit
of any and all p.ersons, companies .and carporations entitled to serve stop notices under
Section 3181 of the Civil Code, so as to give a right of actfon to them or their assigns fn any
suit brought upon this bond.
The Siarety, for value recelved, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of said Contract ar to the waric to be performed
{BB&K 2017) Exhlbit "D"-4
72500.6DOD1131605678.1
,
Contract�No.: C3856U
thereunder °or the Specifications accompanying the same shall in any� vuay affect �its
obligations�on .this.bond, and it cioes,.hereby waive notice.of any sucfi:.change; extension of
time, :alter�tion or a�iditian to the.terms`of the Contract or to the.Spec'rfications:
No final settlem�nt bet�reen. O�Iigee�and.Contractor hereunder`shall abridge the right.of any
beneficiary. hereurider,.wiiose claim may be-unsatisfied. -
Contractor and:Surefy agree:that If.:Obligee.is. required to, engage theservices,of an attorney
in. connection with the enforcement of. the bond, each shall pay O�ligee's reasonable
attomey`s�fees incurred, with.-or,without.suit, in addEtion to.the above sum.
�IN�=WIT�kESSVi(HERE.O,F,,we. have hereunto.set our.hands and seals this 21St
'day of May. zoi9
,�
PRINCtPA[:/Contractor: SURETY:
Waterline Technoloaies. �t1C: American Contractors Indemnitv Comvany
(Typed,Narne of:Contractor) (Typed Na�►te of Surety}.
,
By:. Q• �j.r¢�•�s. By: 11��i��
(Signafure) U (Signatt�re of Aitornejr-iri-Fact) ; _ � _ - _
''�(�M�j `S • 't/�'�/jit�"'y � I'�' ` David J. Rudnik : _ �
(Typed Name and Title) (Typed Name of Attorney-in=Fact) . . - � � .
Tlie rate of premium on this bond is $ zo.00 � per thousand:
The.total amount.of premium charge.d:.$ 1,4�0.00
(the aboV� rriust:.be filled„in by corporate surety}.
IMPOtjTANT:. Surety companies executing bnnds must possess a certificate-�of authority
from: the ,California insurance Commissioner authorizing them ;to �write; surety Insurance
defined in Section 105�of the Califorriia lnsurance Code, and if..the.work or project is financed,.
in .whole or in part, wlth�federal, grant .or loan funds, it must .also ap�Oear on the Treasury'
Depattment's most current list (Circular 570 as amended}.
THIS IS A REQUIRED FORM.
Any claims under this. bond may be.attdressed tq:
American ContTadors Indemnity Company, 801 S. Figueroa St.,Ste 700, Los Angeles, CA 90017 / 310-649-0990
(Name; address and telephone no: of Surety)`,
(Narne; addr.ess��,and;telephane.no: of.,agent: or representative for. service of process in
Califamia, if different from above)
�sesac 2oiz}
Exhib(t "D."-5
72500.0600113i 805678:1'
i
a��ov��,�������t� o� �u���r
State of Minnesota
County of Hennenin
On this the 21 st day of Ivlav , 2019, before me, Chelsea A. Bremer
Notary Public, personatly appeared David J. Rudnik , personally know�n to me to be the
person whose name is subscribed to the v�nthin instrument and aclmowledged to me ail that he/she executed
the same in his/her authorized capacities, and that by lus/her signature(s) on the instrument the person(s), or
the entity upon behalf of which the peison(s) acted, executed the instrument.
WTI'NESS my hand and official seal.
' CHELSEA A. BREMER
(���/g �,,�p��� Notary Public-Minnesota
Signature V r�`�'� U��� IL) �'Cfl Y�v (Seal) Mr c�,,,�,,, �;�,,�, s,. ��
ACI�N�Wg.�D�GJEI��I�TT O�' P�II�CIPAL (Cor��ratio�)
State of
County of
On this the day of . 20___, Uefore me personally appeared
, to me lrnowx►, who, being duly sworn, did say that he/she is the
of ,a corporation, that the
seal af�ixed to the foregoin� bond is the caxporate seal oi the corpora�ioaz, and that said bond was executed on
be�f of the �arpofa22on by auf�o:�i?�� of 2ts �oa�d Q��ire.�iars.
Np�ary P�bli�
�4fC������D��I'��'1i' �I�' ����'�P<� �I�PF�&D'p�2P�� Q�P' �s����.'YS�','4��J
State of
Count� of
On this the day of , 20 , before me persona�ly appeared
, to me kn�wn to be ihe person described in and who executed the fore�oi�g
bond and acknowledges to me that he/she executed the same.
Notary Public
CALIFORNIA ALL- PURPOSE
CERTIFIC�4TE OF 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 that document.
' State of California }
County of (}���� }
On �iP►� o��� �"��� before me, S�t'}' � � �'��Z � ,
rt re n rt ame ana uue ot tne mt�cer
personally appeared ��}'0�� � . ��R-���( ,
' who proved to me on the basis of satisfactory evidence to be the person(9�1 whose
; name(s� is re subscribed to the within instrument and acknowledged to me that
he he/they executed the same in his/her/their authorized capacity(ie�), and that by
,
his her/their signature(� on the instrument the person(�,� or the entity upon behalf of
� which the person(5,) 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. ,
� . .... SARAHF.OR'ni . �
WITNESS my hand and official seal. _. coaim�ss�or� No. 223a�ao
� �� MOTARY PUBUGCAIIFORNIA �
' � ORANGE CCUNTY
' - _ , - w co�. �,o�• M�acN t�, tozz �
Notary Public ig atur (Notary Public Seal)'
♦ " �
ADDITIONAL OPTIONAL INFORMATION �STRUCTIONS FOR COMPLETING THIS FORM
This jorm complies tivith cun•enf Calrfornia stalutes rebarding notary wording and,
� DESCRIPTION OF THE ATTACHED DOCUMENT +fneeded, s/rould be canpleted and attached to the documenl. Acknowledgmenu
jr•orrt other stales may be conrpleted jor documenls being sent to 1ha� stale so lorrg .
as the wording does not requh�e the Californra nolary to violate Califa•nia nomry -
. � � �� � � law.
: (Title or escription of attached document) • State and County information must be [he State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date tha[ the signer(s) personally appeared which
. (Title or description of attached document continued) must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
, Number of Pages Document Date commission followed by a comma and then your title (notary public). �
, • Print the name(s) of document signer(s) who personaUy appcar at thc time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate thc correct singular or plural forms by crossing off incorrect forms (i.e.
He/she/Ehey,— is /are ) or circling the correct forms. Failure to correctly indicate this
❑ Individual (s) information may lead to rejection of document recording.
' ❑ Corporate Officer • Thc notary scal impression must be clear and photographically reproducible.
' Impression must not cover text or lines. If seal impression smudgcs, re-seal if a
(Title) sufficient area pemtits, otherwise complete a diffcrent acknowledgmcnt form.
- ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
• ❑ Attorney-in-Fact . Additional infortnation is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a dit'ferent document.
Other Indicate title or type of attached document, number of pages and date.
• ❑ . Indicate the capacity claimed by the signcr. If the claimcd capacity is a
, corporatc officer, indicate the title (i.e. CEO, CPO, Secretary).
Securel attach this document to the si ned document with a sta le.
• "U1r �'ers,iv� �.•��;.•.[�.'orarfCl7SSflS.GV�i� Ci!j��..?�7�:i-9'r.;ei5 • Y � P
'r
��
,.
TOKIQMARINE
'r� HCC
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That American Contractors Indemnity Company of the State of Califomia, a Califomia corporaUon, does hereby appoint,
DAVID J. RUDNIK
its true and lawful Attomey-in-Fact, with full authority to execute on its behalf bond number 100445680
issued in the course of its business and to bind the Company thereby, in an amount not to exceed
Four million and 00/100 ( $4.000.000.00 ).
This Power of Attomey is granted and is signed and sealed by facsimile under and by the authority of the following resolutions adopted
by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 1S' day of
September, 2011.
Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be
and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and
act for and on behalf of the Company subject to the following provisions:
Attomey-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge
and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings,
including any and all consents for the release of retained percentages and/or final esUmates on engineering and construction contracts,
and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed
by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate
Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of
, attomey or any cert�cate relating thereto by facsimile, and any power of attomey or certificate bearing facsimile signature or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached."
The Attorney-in-Fact named above may be an agent or a broker of the Company. The granting of this Power of Attorney is specific to this
bond and does not indicate whether the Attomey-in-Fact is or is not an appointed agent of the Company.
IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its
President on this 15' day of June, 2018. ��S`fl"�'Ci�OqS��i,'
```,i4oa: ........ ,, .�yo�'-.
State of Califomia �Q:' ����= AMERICAN CONT CTO S INDEMNITY COMPANY
_�': ncox�oruien �E�
County of Los Angeles y�, sevr.xs,�eso.;� = B .
�d••., : .o�.: y' - �
-,, _••..,... .:•. Adatn . Pessin, resident
- '!iipq�IFORN; p•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.
On this 151 day of June, 2018, before me, Sonia O. Carrejo, a notary public, personally appeared Adam S. Pessin, President of American
Contractors Indemnity Company, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the
instrument the person, or the entity upon behalf of which the person 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. ,
Signature
sanua. cu�auo
• KotaryR:D�I;-[eLlwrr�
� � lotM��etCou�tY i
(seal) � ��Itib.�11279�19
` NYCq:nn. EiplrfiApr t), 20i7 `
I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attomey and the
resolution adopted by the Board of Directors of said Company as set fo�th above, are true and correct transcripts thereof and that
neither the said Power of Attomey nor the resolution have been revoked and they are now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this 21st day of Mav
`������jLACTrORs��i��i
Bond No. 100445680 � ��•'���� ''•�ti'-
� ��' ''°F;
; r:
_ Q: :�=
A enc No. 8288 _�: wcoevoxnr�o ;._,_
9 y � y:. SEPT. 25. 1990 :<_
:�b�•.. '�O:
� +• .�'i.
�O�iC"`�� f F(1RN�p;�����``
, 2019 .
Kio Lo, As ' nt Secretary
-""��� � ���'" HCCSZZPOAACICO6/201 B
visit Unhcc.comisurety for more information
Fee 17.00
STATE OF CALIFORNIA
DEPARTMENT' OF INSURANCE
SAN FRANCISCO
Cer�ificate of Compliance
I, Pauline D'Andrea, on behalf of the Lisurance Commissioner of the State of California,
do Iiereby certify that the
American Contxaetors Indemnity Co�npany
of California, is dtt�y organized under the laws of the State of C�lifornia, and is licensed by this
Depariment to issue policies and transact ihe business of .
, Surety insurance:
The Certificate of Authority is for an indefinite term but shall expire with the expiration or
termination oi the corporate existence of the holder thereof. Notwithstanding the foregoing, the
Certificate of Authority may be suspended, revolced, or sunendered in the manner provided by
statute.
1N WITNESS WHEREOF, I have hereunto set my hand and caused the official seal
of the Insurance Commissioner io be affixed this 31 st day of December, 2009
m
Steve Poizner
Insurance Commissioner
BY 1 O���y�.2„ � s1�S11n�
" Pauline D'Andrea
� ,� `
� ,j,� � ,�
a ,
COMPANY PROFILE
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Results ANlERICAN CONTRACTORS INDEMNITY COMPANY
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Company 801 S. FIGUEROA STREET
Information . LOS ANGELES, CA 90017 .
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NAIC Group List ANNA NOVEMAN
Lines of Business 801 S Figueroa Street Suite 700
Workers' Los Angeles CA 90017
Compensation "
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I10216
I3634-3
I05/23/1994
IUNLIMITED-NORMAL
� Property & Casualty
IICALIFORNIA
�
�
1
3098 Tokio Marine Holdings Inc GRP
View Financial Lines Of Business
Disclaimer:
The company is authorized to transact business within these lines of insurance.
For an explanation of any of these terms, please refer to the glossary.
SURETY
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O z008 California Department of Insurance
0
Waterline Technologies
CONTRACT NO. C38560
CITY OF PALM DESERT
AQUATICS CENTER CHEMICAL ACQUISITION BID FORM
Bids must. be prepared on this City-provided bid form and submitted in a sealed
envelope plainly marked on the outside "SEALED BID FOR PALM DESERT AQUATIC
CENTER CHEMICAL ACQUISITION FY 19/20 — DO NOT OPEN WITH REGULAR
MAIL." Bids must be received in the office of the City of Palm Desert City Clerk no later
than 10:00 a.m. on Tuesdav, April 16. 2019, at which time they will be publicly opened
and read aloud.
BID ITEM
Total for Chlorine Acquisition
ESTIMATED
QUANTITY
(Gallon or
Pound)
35,000 gal
Total for Muriatic Acid 4,000 gal
Acquisition
Total for Sodium Bicarbonate 17,000 �b
Acquisition
Total for Calcium Chloride 2,00o Ib
Total fo� Amino Acid Digester 300 gal
Total for DE per pallet (1800 lsoo Ib
pounds)
TOTAL BID PRICE
UNIT TOTAL ANNUAL
COST
COST
(For bid Comparison)
$ l•�-�
$
2 .35
$
. �9
$ ,33
$'�3 •t 2
�.8�
TOTAL BID AMOUNT IN FIGURES $� 73i'Yg 8• O v
� '4�� r �l�'!' � • 0 a
$
�,,�o�. oa
$
$
$
$
�,�30. o0
�G�D.00
12.93l� •oo
�r12.o0
$ -73, 5�gg.00
TOTAL BID AMOUNT BID IN WORDS s��t�����t �/�o�15A�
�b�rL �Gt U12�J �`�/G�f E'16�� qN� ^�av ✓� l
`�-l�- aolg
�.�� 6
G� �
Waterline Tethnolo�ies. Inc.
6Z0 No►th Santis�o Str��t
Sants Ana� CA 92701
800-464•7762 714564-9100
Water Treatment Chemkals and
.�
Equ(pman:
CONTRACT NO. C38560
The unde�signed declares that he/she has carefully examined the specificatians; that
he/she is thoroughly familiar with the contents thereof, has examined the site and is
authorized to represent the bidding firm and propose services to City of Palm Desert. It
is understood that the price shown hereon includes all costs related to providing
chemicals to the facility per the specifications. The total cost for the chemical
acquisition is provided for bid comparison only. Payment for chemicals shall be made
based an actual unit priced purchases only. IN WITNESS WHEREOF CONTRACTOR
executed this Bid as of '� -g� !`�' (date)
8,,: �u�►�o2 ���
Signature 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.
State of California )
County of ORAi�b� j
On ,�1 � �� , 20� before me, �R�� E • �12.
personally appeared _�DMAS R • ��RYL6'{
who proved to me on the basis
of satisfactory evidence to be the person(�) whose name(�) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in
his er/their authorized capacity(i�), and that by hi her/their signatures on the
mstrument the person�, or the entity upon beha of which the person(�; 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.
WI NESS1ny hand and official seal.
Sign re of Notary Public
R, �
� � ' :,� . ' ' �Wl t. �it
�s Cea(mission No. 2236180 ��
NOTARY PUBLIC-CALIFORNIA �
� ORANGE CdUNTV �
1 ���. � MARCM 2G. 1012
�
CITY OF PALM DESERT
AQUATICS CENTER CHEMICAL ACQUISITION BID FORM
Bids must be prepared on this City-provided bid form and submitted in a sealed
envelope plainly marked on the outside "SEALED BID FOR PALM DESERT AQUATIC
CENTER CHEMICAL ACQUISITION FY 19/20 — DO NOT OPEN WITH REGULAR
MAIL." Bids must be received in the office of the City of Palm Desert City Clerk no later
than 10:00 a.m. on Tuesday. April 16, 2019, at which time they will be publicly opened
and read aloud.
B!D ITEM
Total for Chlorine Acquisition
Total for Muriatic
Acquisition
ESTIMATED
QUANTITY
(Gallon or
Pound)
35,000 gal
UNIT
TOTAL ANNUAL
COST
Acid 4,000 gal
Total for Sodium Bicarbonate 1�,00o Ib
Acquisition
Total for Calcium Chloride 2,000 �b
Total for Amino Acid Digester 300 gal
Total for DE per pallet (1800 lsoo Ib
pounds) '
TOTAL BID PRICE
COST
(For bid Comparison)
�l.�1 $
$ $
2 .35
� �
.�9
� .33
$'�3 •� Z
� .$�
$
$
$
��i�Iy�•00
�,,�o� . o a
�,G3p.00
�4�O.00
12.q3(� •o 0
���2 • o0
$ -73, �gg .00
TOTAL BID AMOUNT IN FIGURES $� 73i'Y$ �• D v
TOTAL BID AMOUNT BID IN WORDS ���t�����t ��5'4�'
�bv2 /�i�0 A'�Z� ��/Gfhf �'16r�� qN� ^ �av ✓� \
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Wate�line Technologies. Inc.
620 North Santlago 8treet
Santa Ana, CA 92701
800-464�7762 714-564•9100
Water Treatment Chemicals and
,� Equipmen:
. -i �
The undersigned deciares that he/she has carefully examined the specifications; that
he/she is thoroughly familiar with the contents thereof, has examined the site and is
authorized to represent the bidding firm and propose services to City of Palm Desert. It
is understood ihat the price shown hereon includes all costs related to providing
chemicals to the facility per the specifications. The total cost for the chemical
acquisition is provided for bid comparison only. _ Payment for chemicals shall be made
based on actual unit priced purchases only. IN WITNESS WHEREOF CONTRACTOR
executed this Bid as of '�-g�!`�' (date)
By: - /J�tsy�o2•���
Signature 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.
State of California
County of ORAi�b�
)
)
)
On �,l ,� �� , 20,� before me, Sa Rp� E•�lZ
personally appeared �rIDM AS R• K�f1,r4 6`�l
� who proved to me on the basis
of satisfactory evidence to be the person(�) whose name(�) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in
his er/their authorized capacity(i�9), and that by �hi her/their signatures on the
mstrument the erson or the enti u on beha7f of which the erson '` acted
p �, tY P P �' ,
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.
WI NESS�ny hand and official seal.
Sign re of Notary Public
..., --. , .
� � s�utaH �, o���z , ;
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��, ` Con�miasion No. 2236180 '
� ` NOTARY PUBLIC•CALIFORNIA �
ORANGE CCUNTY
� . ' My Comm. Eapires MARCH to. 202]
. �,
Palm Desert Aquatic Center Chemical AcQuisition Specifications, Insurance
Reauirements. Bond Requirements, and Bid Form
Contractor must furnish all labor, materials, and shipping/delivery needed to provide for
PDAC chemical acquisition needs for the 12-month period of July 1, 2019 through June 30,
2020. The City reserves the right to renew the contract for up to three (3) additional years.
1. Liquid chlorine delivered to site as needed (varies depending on time of year from
once a week to every other day). PDAC uses approximately 35,000 gallons of
chlorine in a typical year. Delivery will be to a 1000 gallon tank.
2. Muriatic acid delivered to site as needed (varies depending on time of year from
once a week to once every other week) PDAC uses approximately 4,000 gallons of
muriatic acid in a typical year. Delivery will be to an 800 gallon tank.
3. Sodium bicarbonate delivered to site as needed. PDAC uses approximately 17,000
pounds of sodium bicarbonate in a typical year.
4. Calcium chloride delivered to site as needed. PDAC uses approximately 2,000
pounds of sodium calcium chloride in a typical year.
5. Amino acid digester delivered to site as needed. PDAC uses approximately 300
gallons of amino acid digester in a typical year.
6. Diatomaceous earth delivered to site as needed. PDAC orders approximately 1800
pounds of DE (pallet load) at a time but uses less than that amount in a typical year.
The following requirements shall be met by the chemical supplier:
Chlorine:
1. All liquid chlorine must be delivered at a minimum strength of 12.5% by weight,
and must be filtered to remove contaminants. A minimum standard of filtration will
achieve the following:
a. Maximum particulate size of 0.2 microns
b. Less than 0.5 ppm iron
c. Less than 0.05 ppm nickel
d. Less than 0.05 ppm copper
2. Chlorine delivered is to be randomly tested to insure adherence to these
standards.
Hydrochloric (Muriatic) Acid:
1. All Hydrochloric (muriatic) acid must be delivered at 20 baume (31.45%)
Charges not indicated in the quote will not be allowed over and above the prices quoted,
unless approved in writing and in advance by the City. Please use bid form attached to
submit your quote.
Palm Desert is committed to inclusion and diversity and welcomes proposals and bids from
contractors, consultanfs, and vendors of all faiths, creeds, ancestries, and ethnicities
without regard to disability; gender identity, sexual orientation, or immigration status. The
City condemns and will not tolerate prejudice, rac�ekl�etri� d�4�1 fig, or violence
620 North Santiago Stree
Santa Ana� CA, 92701
800-464-7762 714•564•9100
Water Treatment Chemicals and
� �+ Equipmen:
d
towards any group within or outside of our community. By submitting a proposal, proposer
agrees that in carrying out its responsibilities under the ContracU Agreement, and in
particular, with regard to the employment of persons and subcontractors working on the
project, it will not discriminate on the basis of race, color, creed, national origin, religion, �
sex, gender identity, sexual orientation, age, or disability. In the event any of the work
performed by consultant hereunder is subcontracted to another person or firm (if
authorized), the subcontract shall contain a similar provision. �
� :.= ► : _ � : 11 ►
�thout limiting Contractor's indemnification of City, and prior to commencement of
Work, Contractor shall obtain, provide and maintain at its own expense during the
term of this Agreement, policies of insurance of the type and amounts described
below and in a form that is satisfactory to City.
General Liability Insurance. Contractor shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office
form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000
general aggregate, for bodily injury, personal injury, and property damage. The
policy must include contractual liability that has not been amended. Any
endorsement restricting standard ISO "insured contract" language will not be
accepted.
Automobile Liability Insurance. Contractor shall maintain automobile insurance
at least as broad as Insurance Services Office form CA 00 01 covering bodily
injury and property damage for all activities of the Contractor arising out of or in
connection with Work to be perFormed under this Agreement, including coverage
for any owned, hired, non-owned or rented vehicles, in an amount not less than
$1,000,000 combined single limit for each accident.
Umbrella or Excess Liability Insurance.
Contractor may opt to utilize umbrella or excess liability insurance in meeting
insurance requirements. In such circumstances, Contractor may obtain and
maintain an umbrella or excess liability insurance policy with limits that will provide
bodily injury, personal injury and property damage liability coverage at least as
broad as the primary coverages set forth above, including commercial general
liability and employer's liability. Such policy or policies shall include the following
terms and conditions:
• A drop down feature requiring the policy to respond if any primary
insurance that would otherwise have applied proves to be uncollectible in whole or
in part for any reason; .
• Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary policies; and
• Policies shall "follow form" to the underlying primary policies.
• Insureds under primary policies shall also be insureds under the umbrella
or excess policies.
Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance (Statutory Limits) and Employer's Liability Insurance
(with limits of at least
$1,000,000). Contractor shall submit to City, along with the certificate of insurance,
a Waiver of Subrogation endorsement in favor of the City of Palm Desert, its
officers, agents, employees and volunteers.
Environmental Impairment Liability Insurance. Environmental Impairment
Liability Insurance shall be written on a Contractor's Pollution Liability form or other
form acceptable to the City providing coverage for liability arising out of sudden,
accidental and gradual pollution and remediation. The policy limit shall be no less
than $1,000,000 dollars per claim and in the aggregate. All activities contemplated
in this agreement shall be specifically scheduled on the policy as "covered
operations." The policy shall provide coverage for the hauling of waste from the
project site to the final disposal location, including non-owned disposal sites.
Products/completed operations coverage shall extend a minimum of three years
after project completion. Coverage shall be included on behalf of the insured for
covered claims arising out of the actions of independent contractors. lf the
insured is using subcontractors, the Policy must include work performed "by or on
behalf of the insured. Policy shall contain no language that would invalidate or
remove the insurer's duty to defend or indemnify for claims or suits expressly
excluded from coverage. Policy shall specifically provide for a duty to defend on
the part of the insurer.
The City of Palm Desert, its officers, officials, employees, agents, and volunteers
shall be included as insureds under the policy.
OTHER PROVISIONS OR REQUIREMENTS
Proof of Insurance. Contractor shall provide certificates of insurance to City as
evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers' compensation. lnsurance certificates and
endorsements must be approved by City's Risk Manager prior to commencement
of performance. Current certification of insurance shall be kept on file with City at
all times during the terrn of this contract. City reserves the right to require
complete, certified copies of all required insurance policies, at any time.
Duration of Coverage. Contractor shall procure and maintain for the duration of
the contract insurance against claims for injuries to persons or damages to
property, which may arise from or in connection with the performance of the Work
hereunder by Contractor, his/her agents, representatives, employees or
subconsultants.
Primary/Non-Contributing. Coverage provided by Contractor shall be primary
and any insurance or self-insurance procured or maintained by City shall not be
required to contribute with it. The limits of insurance required herein may be
satisfied by a combination of primary and umbrella or excess insurance. Any
umbrella or excess insurance shall contain or be endorsed to contain a provision
that such coverage shall also apply on a primary and non-contributory basis for
the benefit of City before the City's own insurance or self-insurance shall be called
upon to protect it as a named insured.
City's Rights of Enforcement. In the event any policy of insurance required under
this Agreement does not comply with these specifications, or is canceled and not
replaced, City has the right, but not the duty, to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by
Contractor, or City wi(I withhold amounis sufficient to pay premium from Contractor
payments. In the alternative, City may cancel this Agreement.
Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business.
of insurance or is on the List of Approved Surplus Line Insurers in the State of
California, with an assigned policyholders' Rating of A- (or higher) and Financial
Size Category Class VII (or largerj in accordance with the latest edition of Best's
Key Rating Guide, unless otherwise approved by the City's Risk Manager.
Waiver of Subrogation. All insurance coverage maintained or procured pursuant
to this agreement shall be endorsed to waive subrogation against the City of Palm
Desert, its elected or appointed officers, agents, officials, employees and
�volunteers, or shall specifically allow Contractor or others. providing insurance
evidence in compliance with these specifications to waive their right of recovery
prior to a loss. Contractor hereby waives its own right of recovery against the City
of Palm Desert, its elected or appointed officers, agents, officials, employees and
volunteers and shall require similar written express waivers and insurance clauses
from each of its subcontractors.
Enforcement of Contract Provisions (non estoppel). Contractor acknowledges
and agrees that any actual or alleged failure on the part of the City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on the City nor does it waive any rights hereunder.
Requirements Not Limiting. Requirements of specific coverage features or limits
contained in this Section are not intended as a limitation on coverage, limits or
other requirements, or a waiver of any coverage normally provided by any
insurance. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue and is not intended by any party or
insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any
type. If the Contractor maintains higher limits than the minimums shown above,
the City requires and shall be entitled to coverage for the higher limits maintained
by the Contractor. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker
and insurers to provide to City with a thirty (30) day notice of cancellation (except
for nonpayment for which a ten (10) day notice is required) or nonrenewal of
coverage for each required coverage.
Additional Insured Status. General Liability, Auto Liability, and Environmental
Impairment Liability Insurance Policies shall provide or be endorsed to provide that
the City of Palm Desert and its officers, officials, employees, agents, and
volunteers shall be additional insureds under such policies. This provision shall
also apply to any excess/umbrella liability policies.
Prohibition of Undisclosed Coverage Limitations. None of the coverages
required herein will be in compliance with these requirements if they include any
limiting endorsement of any kind that has not been first submitted to City and
approved of in writing.
Separation of Insureds. A severability of interests provision must apply for all
additional insureds ensuring that Contractor's insurance shall apply separately to
each insured against whom claim is made or suit is brought, except with respect to
the insurer's limits of liability. The policy(ies) shall not contain any cross-liability
exclusions.
Pass Through Clause. Contractor agrees to ensure that its sub-consultants,
subcontractors, and any other party involved with the project who is brought onto
or involved in the project by Contractor, provide the same minimum insurance
coverage and endorsements required of Contractor. Contractor agrees to monitor
and review all such coverage and assumes all responsibility for ensuring that such
coverage is provided in conformity with the requirements of this section. Contractor
agrees that upon request, all agreements with consultants, subcontractors, and
others engaged in the project will be submitted to City for review.
City's Right to Revise Specifications. The City reserves the right at any time
during the term of the contract to change the amounts and types of insurance
required by giving the Contractor ninety (90) days advance written notice of such
change. If such change results in substantial additional cost to the Contractor, the
City and Contractor may renegotiate Contractor's compensation.
Self-Insured Retentions. Any self-insured retentions must be declared to and
approved by City. City reserves the right to require that self-insured retentions be
eliminated, lowered, or replaced by a deductible. Self-insurance will not be
considered to comply with these specifications unless approved by City.
Timely Notice of Claims. Contractor shall give City prompt and timely notice of
claims made or suits instituted that arise out of or result from Contractor's
performance under this Agreement, and that involve or may involve coverage
under any of the required liability policies.
Additional Insurance. Contractor shall also procure and maintain, at its own cost
and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the Work.
Safety. Contractor shall execute and maintain its work so as to avoid injury or
damage to any person or property. In carrying out its Services, the Contractor shall
at all times be in compliance with all applicable local, state and federal laws, rules
and regulations, and shall exercise all necessary precautions for the safety of
employees appropriate to the nature of the work and the conditions under which
the work is to be performed. Safety precautions, where applicable, shall include,
but shall not be limited to: (A) adequate life protection and lifesaving equipment
and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges,
gang planks, confined space procedures, trenching and shoririg, equipment and
other safety devices, equipment and wearing apparel as are necessary or lawfully
required to prevent accidents or injuries; and (C) adequate facilities for the proper
inspection and maintenance of all safety measures.
BONDS REQUIRED:
CONTRACTOR shall execute and submit a bid bond in the amount of ten (10%) percent
of the contract amount. In addition to the bid bond, CITY requires a performance bond
in the amount of one hundred (100%) percent of the contract amount. All bonds must be
on City's forms (available on request).
Bonds required under these specifications and Civil Code sections 3247 and 3248 shall
be provided by an admitted insurance company in the State of California and shall, in
addition to the bond form, provide all information as follows:
(1) The original, or a certified copy, of the unrevoked appointment, power of
attorney, bylaws, or other instrument entitling or authorizing the person who
executed the bond to do so, within ten (10) calendar days of the insurer's receipt
of a request to submit the instrument.
(2) A certificate from the clerk of the county in which the court or officer is located
that the certificate of authority of the insurer has not been surrendered, revoked,
canceled, annulled, or suspended or, in the event that it has, that renewed
authority has been granted, within ten (10) calendar days of the insurer's receipt
of a request to submit the statements.
Citv Contact Information:
Johnny Terfehr, Management Analyst
73-510 Fred Waring Drive
Palm Desert, California 92260
Tel: (760) 776-6446
Fax: (760) 776-6417
Email: iterfehr aC�.citvofpalmdesert.orq
(bid and notary forms follow)
. ' � •
Bid Bond
CONTRACTOR:
Waterline Technologies, Inc.
620 N. Santiago Street
Santa Ana CA 92701
OWNER:
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert CA 92260
SOND AMOUNT: Ip % of accompanying bid. ($ 10% of bid)
PROJECT' To Supply and Delivery of Pool Chemicals
Bond #: BB2007864
SLTI2ETY:
American Contractors Indemnity Company
801 S. Figueroa St.,Ste 700, Los Angeles, CA 90017
This document has important legal
consequences. Consultation with
an attorney is encouraged with
respect to its completion or
-mod�catior_.
Any singular reference to
Contractor, Surety, Owner or
other party shall be considered
plural where applicable.
Supply and Deliver Swimming Pool Chemicals
Location: Palm Desert, CA
Project # Delivery of Pool Chemicals 2019-20
The Contractor and Sutety are bound to the Owner in the amount set forth above, foi the payment of which the Contractox and Surety
bind themselves, their heirs, executors, administrators, successois and assigns, joindy and severally, as piovided herein. The conditions
of this Bond are such that if the Ownez accepts the bid of the Contractor within the time specified in the bid documents, ot within such
time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in
accoidance with the tercns oE such bid, and gives such bond oi bonds as may be spec:ified in the bidding or Contract Documents, �vith a
surety admitted in the jurisdiction of the Project and othenuise acceptaUle to the Owner, for the faithful performance of such Contract
and fot the prompt payment of labor and material fumished in the prosecution thereof; or (2) pays to the Owner the difference, not to
exceed the amount of this Bond, betwcen the amount specified in said bid and such larger amount for which the Owner may in good
faith contract with another party to pezform the work coveted by said bid, then this obligation shall Ue null and void, otherwise to
remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the
time in which die Owner may accept the bid. Waiver oE notice by the Surety shdll not apply to any extension exceeding sixty (GO) days in
the aggiegate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the
Surety's consent for an extension beyond sixty (GO) days. �
If this Bond is issued in connection with a subcontractoi s bid to a Contractor, the term Contractor in this Bond shall be deemed to be
Subcontsactor and the term Owner shall be deemed to be Cont=actor. - '
When this Bond has been fumished to comply with a statutory or othei legal requirement in the location of the Project, any provision in
this Bond conflicting with said statutory oz legal requiuement shall be deemed deleted herefrom and provisions conforming to such
statutory or other legal requirement shall be deemed incorporated herein. When so fiunished, the intent is that this Bond shall_bc ::. _
consirued as a statutory bond and not as a common law bond. . -: �
Signed and sealed this 9th day of April , 2019
(WilnerrJ
.
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�►r!;r„e .r)
Waterline'�np1Q�s_ Tnr._
(Priircipal�r�/�� /� �
k ��•
( i itle)
Am�canS�ntractors indemni Company
(Surety)
��.�..�, /
_ ��
����`'� . David J. Rudnilc, Attorney-in-Fact
- - '- ;'.
=�Sea1�- _ -. _ _
� _ • -.
, �� _- _.- .
- ;, _ �
(Sea1J
� By arran�ement ���ith the American Institute of Architects, the National Association of Sw•ety Bond
+ Producers (NASBP) (w�v���.nasbo.orsl m�kes this form ciocument available ro its members, af�'iliates, and
�� associates in A�icrosofl Word fonnat for iise in tl�e ��gular course of surety business. NASBP vouches that
the oiti�inal text of this document confaTns exactly to the text in AIA Document A310-2010, Bid Bond.
Subsequent modifications may be made to t1�e oiiginal text of this document by users, so careful revietiv of its
wordin� and consultation tivith an �ttomey � encouraged before its eompletion, exeeution or acceptance.
, � . -.
ACKNOWLEDGEMENT OF SURETY
State of Minnesota
County of Hennenin
On this the �� day of �1-�p �'..t X, , 20�, before me, Chelsea A. Bremer
Notary Public, personally appeared David J. Rudnik , personally known to me to be the
person whose name is subscribed to the within instrument and acknowledged to me all that he/she executed
the same in his/her authorized capacities, and that by his/her signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature �/�%�,Q /{0 0 �/`, %. . �.�! � N �Seal)
°``°"'`„� CHEL�EA A. �REMER
�.,�...�:..�
�..�-T�;7 �
���'�'' �,c- • g Notary Public-Minnesota
�'�,':�` ' My Comrnlssion Expires Jan 31, 2Q20
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� TOKIOIVIARINE
.��
� HCC
POWER OF ATTORNEI(
KNOW ALL MEN BY THESE PRESENTS:
That American Contractors Indemnity Company of the State of Califomia, a Califomia corporation, does hereby appoint,
DAVID J. RUDNIK
its true and lawful Attomey-in-Fact, with full authority to execute on its behalf bond number BB2007864
issued in the course of its business and to bind the Company thereby, in an amount not to exceed
Four million and 00/100 ( $4,000.000.00 ).
This Power of Attomey is granted and is signed and sealed by facsimile under and by the authority of the following resolutions adopted
by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 1S� day of
September, 2011.
'Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be
and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and
act for and on behalf of the Company subject to the following provisions:
Attomey-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge
and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings,
including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts,
and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed
by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate
Secretary. .
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of
attorney or any certfficate relating thereto by facsimile, and any power of attomey or certificate bearing facsimile signature or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached."
The Attorney-in-Fact named above may be an agent or a broker of the Company. The granting of this Power of Attorney is specific to this
bond and does not indicate whether the Attomey-in-Fact is or is not an appointed agent of the Company.
IN WITNESS WHEREOF, American Contractors lndemnity Company has caused its seal to be affixed hereto and executed by its
President on this 1st day of June, 2018. ��""""��»
� ��SgACTO,qs��i,�
�p?: ••' " ••• �Y %
�r:' �`OF�; AMERICAN CONT CTO S INDEMNITY COMPANY
State of Califomia ;�; ;z=
CILORPOfUTED : y _
-�� SEPT.25,1990 :�c_ �
County of Los Angeles y�;. ..:o,; By: .�I
° b'•• • Adafn S. Pessin, President
''���'' ��q <<F O RN` Pr`��``
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.
On this 1 St day of June, 2018, before me, Sonia O. Carrejo, a notary public, personally appeared Adam S. Pessin, President of American
Contractors Indemnity Company, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the
instrument the person, or the entity upon behalf of which the person acted, executed the instn�ment.
I certify under PENALTY OF PERJURY under the laws of the Sfate of CALIFORNIA that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. ,
Signature �
� , wwo.uwiuo
Nct�ry Pcbu: - G;;Iank
� j losM�e:rfCounty E
Camm.htbn D 22194T9
(seal) � ' ' qy�Tm. Eiplre��pr 37, 2022 `
I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attomey and the
resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that
neither the said Power of Attomey nor the resolution have been revoked and they are now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this
Bond No. BB2007864
Agency No. 8288
9th day of April
INLORPORA7ED •: �
SEPT. 25, 1990 : <
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.�.0.
A_•.........'.A .\
visit tmhcc.com/surety for more information
, 2019
Kio Lo s nt Secreta
� ry
HCCSZZPOAAC ICO6/2018
CITY OF PALIVI DESERT
BID OPENING SHEET
April 16, 2019
10:00 a. m.
PROJECT NAME: Palm Desert Aquatic Center Chemicaf Acquisition
PROJECT NUMBER: n/a �
CONTRACT NUMBER:
CONTR�4CTOR
(,��-i��� T.�i��r�S
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5�-�-���s �-
G�.s �s
BID PRlC� BID SUB
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4f 16l19 - G:\PlanningVohnny TeAeh�W1y documents\Management Analyst Files and Foltlers\PDAC\RFOs\RFO Chemical Acquisition 2019\BID OPENING SHEET REVISED.docx - sd
�dtC�i�+'4�D
CJT Y CLERK'S GFf ICE
P,'�LH DESERT � �
2019 APR I 9�� ��k�aF OF
PUBLICATION
STATE OF CALIFORNIA SS.
COUNTY OF RIVERSIDE
CITY OF PALM DESERT
73510 FRED WARING DR
PALM DESERT CA 92260
,��Sere
Sun
I am over the age of I 8 years old, a citizen of the
United States and not a party to, or have interest in
this matter. I hereby certify that the attached
advertisement appeared in said newspaper (set in
type not smaller than non pariel) in each and entire
issue of said newspaper and not in any supplement
thereof on the following dates, to wit:
04/OS/ 19, 04/ 1 1/ 19
f acknowledge tliat I am a principal clerk of the
printer of The Desert Sun, printed and published
weekly in the City of Palm Sprin�s, County of
Rivcrside. State of California. The Desec-t Sun was
adjudicated a Ne�vspaper of general circulation on
March 24, 1988 by the Superior Court of the
County of Riverside, State of California Case No.
�����6.
1 certify under penalty of peijury, under the laws of
tl�e State of California. that the foregoing is true and
correct.. Executed on this I 1 th of April 2019 in
Green Bay, W1, Counry of Bro��m.
i/ , ,� � ,�! lti/,
/, /
\ � � ��'�-f �_
� DECLARANT �
Ad#:0003480914
P O: Supply and Delivery of Chlorine
# of Affidavits :1
mediagroup
PART OF TME USA iODAY NEf WORK
PO Box 23430
Green Bay, WI 54305-3430
Tel: 760-778-4578 / Fax 760-778-4731
Email: legals@thedesertsun.com
CITY OF PALM DESERT
NOTICE INVITING SEALED BIDS
TO SUPPLY AND DELIVERY OF CHLORINE, MURIATIC ACID,
AND OTHER CHEMICALS REQUIRED FOR
OPERATION OF THE PALM DESERT A�UATIC CENTER
FISCAL YEAR 2019-20
PUBLICNOTICEISHEREBYGIVENthat the City of Palm Desert will receive seaied
bids tor the supply and delivery of chlorine, muriatic acid, and oiher required
chemicals (as described in the bid specifications) for the oPeralion of tfie Palm
Desert Aquatic Center (PDAC) during Fiscal Year 2019-20. The Cily reserves the
ric�ht to renew the contract by mutual at�reement for up to three (3) additional
years.
The bid will be awarded for a 12-month period (July 1, 2019, through June 30,
2020) to the Vendor(s) supplying the lowest bid rate for the total annual esli-
mated chemical acquisilion requirements of PDAC. The bid amount must in-
clude all costs for delivery, mark-up, taxes (excluding sales tau), and other fees
for the duration of the contract. Any invoices submiited for chemicals that in-
clude costs in addition to the amounts shown on the verxiors bid form, plus
sales tax, �vill be rejected.
Bids must be prepared on the City-provided bid form, signed, notarized, and
submitted in a sealed envelope plamly marked on the outside `SEALED6ID FOA
PALM DESERTAQUATIC CENTERCHEMICALACQUISITION FY 19/20 - DO NOT
OPEN WITH REGULARMAIL." 8ids must be received in ihe office of ihe Citv of
Palm Desert City Clerk no later lhan 10_00 a,m. on, Tuesday, April_ 16, 201g, at
which time they will be publicly opened and read aioud.
It is the responsibiliry of the bidder to see that any bids sent through the mail
have sufficient time to be in the hands of the City Clerk Prior to bid opening
time. The receiving time at Ciry Hall will be the governing factor on acceptabiG-
ty of bids. Telegraphic or telephone bids will r,�� ho ����-�-,-'--�` — Fca-
tion ' CfTY OF PALM DESERT snse,
dfld NOTICE INVITING SEALED BIDS �thBf
reqi TO SUPPLY AND DELIVERY OF CHLORINE, MURIATIC ACID,
AND OTHER CHEMICALS REQUIRED FOR
OPERATION OF THE PALM DESERT AQUATIC CENTER
i�9�` flSCAL VEAR 2019-20 Pe��
Wfiti PUBLIC NOTICE IS HEREBY GIVEN that the City of Palm Desert �vill receive sealed lhf
pUb bids for the supply and delivery of chlorine, muriatic acid, and other required 5, t0
wai� �emicals (as described in the bid specifications) for the operation of the Palm o all
bid5 ' Desert Aquatic Center (PDAC) during Fiscal Year 2079-20. The Gty reserves the
right to renew the contract by mutual agreement for up to three (3) addi[ional
B years. � nder
the, The bid will he awarded for a 12-month period (July 1, 2019, through June 30, 1 Of
pe�; 2020) to the Vendor(s) supplying the lowest bid rate for the total annual'esti- j 0�
the mated chemical acquisition reqwremenu of PDAC. The bid amount must in, ; I�
clude all tosts for delivery, mark-up, taxes (excluding sales tax), and other fees •
Ihe for the duration of the contrac(. Any invoices submitted tor chemicals that in- ���
to a �ude corts in addition to the amounts shown on the vendors bid form, plus T1iI8f
prov sales tax, will be rejected.
i
Pain gids must be prepared on the City-provided bid form, siQned, notarized, and �and
submitted in a sealed envelope plainly marked on tfie ouuide "SEALEp BID FOR
bids PA�M DESER7 AQUATIC CENTER CHEMICAL ACQUISITION FY 19l20 — 00 NOT 1eS,
8nd OPEN WITH REGULAR MAIL." Bids murt he received in the office of the GtY oi 0�,
or i� palm Desert City Clerk no later than 10;00 a_m, on,Tuesday,,.April 16,,_2019, at �raC-
ism, which time they will be publicly opened and read aloud. 61dB
Of ot
It is the responsibility of the bidder to see that any bids sent through the mail �
To r have sufficicnt time to be in the hands ot the City Clerk prior to 6id openin� �ase
cont; time. 7he receiving time at City Hall will be the governing factor on accep[abili- ;il at
ty of bids. Telegraphic or telephone bids wiil not be accepted. Upon notifica-
jterfe tion of award, the bidder shall obtain a City of Palm Desert Business License, �
and insurance naming tlie City of Pa(m Desert as additionafly insured, and other �
BY C requirements as indicated on the bid form and specifications.
This Bid constitutes an irrevocable offer for 60 calendar days after the bid open- '
Date ing date, unless withdraum in perwn by vendor or some person authorized in +LER
writing by vendor before the time specified in the Notice Inviting Bidz for the 13NIP
public opening of 6ids. TFie City reserves the right to reject any or all bids, to �
PUbli waive any irregularities, to accept any bid or portion thereof, and to take all I
bids under advisement for a period of thirty (30) days. �
By submitting a bid, bidder agrees that in carrying out its responsibilities under I
the ContracU Agreement, and in particular with regard to the employment of
persons and subcontractors working on the pro'ec[, it will not discriminate on
the basis of race, color, creed, national origin, refigion, sex, age, or disability. In •
the event any of the work performed hy consultant hereunder is subcontraRed
to another person or firm (if authorized), the subcontract shall contain a similar
provision.
Palm Desert is commiY.ed to inclusion and diversity and welcomes proposats and
bids from contractors, consultants, and vendors of all faiths, creeds, anceztries,
and ethnicities without regard to disability, gender identity, sexual orientation,
or immigration status. 7he City condemns and will not tolerate Prejudice, rac-
izm, bigotry, hatred, bullying, or violence towards any group within or outside
oi our community.
To receive the bid form, specifications, and the insurance requirements, please
contact Johnny Terfehr, Management Analyst, at (760) 776•6446 or via email at
jte rfeh r�cityof pal mdese rt.o rg.
BY ORDER OP the City Council of the City of Palm Desert.
Dated this 2nd day of April 2019. RACFiELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
73-510 Fred Waring Drive
Pu6lished:41S 4ltinn+c Palm Desert, California 92260
CITY OF PALM DESERT
NOTICE INVITING SEALED BIDS
TO SUPPLY AND DELIVERY OF CHLORINE, .MURIATIC ACID,
AND OTHER CHEMICALS REQUIRED FOR
OPERATION OF THE PALM DESERT AQUATIC CENTER
FISCAL YEAR 2019-20
PUBLIC NOTICE IS HEREBY GIVEN that the City of Palm Desert will receive sealed bids
for the supply and delivery of chlorine, muriatic acid, and other required chemicals (as
described in the bid specifications) for the operation of the Palm Desert Aquatic Center
(PDAC) during Fiscal Year 2019-20. The City reserves the right to renew the contract by
mutual agreement for up to three (3) additional years.
The bid will be awarded for a 12-month period (July 1, 2019, through June 30, 2020) to
the Vendor(s) supplying the lowest bid rate for the total annual estimated chemical
acquisition requirements of PDAC. The bid amount must include all costs for delivery,
mark-up, taxes (excluding sales tax), and other fees for the duration of the contract. Any
invoices submitted for chemicals that include costs in addition to the amounts shown on
the vendors bid form, plus sales tax, will be rejected.
Bids must be prepared on the City-provided bid form, signed, notarized, and submitted in
a sealed envelope plainly marked on the outside "SEALED BID FOR PALM DESERT
AQUATIC CENTER CHEMICAL ACQUISITION FY 19/20 — DO NOT OPEN WITH
REGULAR MAIL." Bids must be received in the office of the City of Palm Desert City
Clerk no later than 10:00 a.m. on Tuesday. April 16, 2019, at which time they will be
publicly opened and read aloud.
It is the responsibility of the bidder to see that any bids sent through the mail have
sufficient time to be in the hands of the City Clerk prior to bid opening time. The receiving
time at City Hall will be the governing factor on acceptability of bids. Telegraphic or
telephone bids will not be accepted. Upon notification of award, the bidder shall obtain a
City of Palm Desert Business License, and insurance naming the City of Palm Desert as
additionally insured, and other requirements as indicated on the bid form and
specifications.
This Bid constitutes an irrevocable offer for 60 calendar days after the bid opening date,
unless withdrawn in person by vendor or some person authorized in writing by vendor
before the time specified in the Notice Inviting Bids for the public opening of bids. The
City reserves the right to reject any or all bids, to waive any irregularities, to accept any
bid or portion thereof, and to take all bids under advisement for a period of thirty (30)
days.
By submitting a bid, bidder agrees that in carrying out its responsibilities under the
Contract/ Agreement, and in particular with regard to the employment of persons and
subcontractors working on the project, it will not discriminate on the basis of race, color,
creed, national origin, religion, sex, age, or disabi{ity. In the event any of the work
performed by consultant hereunder is subcontracted to another person or firm (if
authorized), the subcontract shall contain a similar provision.
Palm Desert is committed to inclusion and diversity and welcomes proposals and bids
from contractors, consultants, and vendors of all faiths, creeds, ancestries, and ethnicities
without regard to disability, gender identity, sexual orientation, or immigration status. The
City condemns and will not tolerate prejudice, racism, bigotry, hatred, bullying, or violence
towards any group within or outside of our community.
To receive the bid form, specifications, and the insurance requirements, please contact
Johnny Terfehr, Management Analyst, at (760) 776-6446 or via email at
jterfehr@cityofpalmdesert.org.
BY ORDER OF the City Council of the City of Palm Desert.
Dated this 2nd day of April 2019.
RACH LLE D. KLASS , CITY CLER
� CITY OF PALM DESERT, CALIFORNIA
73-510 Fred Waring Drive
Palm Desert, California 92260
[This page has intentionally been left blank.]
CONTRACT NO. C38562
EXTENSION TO AGREEMENT
WHEREAS, the City of Palm Desert (“City”) and the Waterline Technologies, Inc., a
California Corporation (“Contractor”), entered into an agreement, dated May 19, 2019, to
provide professional pool chemical delivery consultant services at the Palm Desert Aquatic
Center (“Agreement”), the parties wish to extend the Agreement effective July 1, 2021 for an
additional 12 months as the original contract allows.
NOW, THEREFORE, the parties agree as follows:
A. Term is extended to add the following paragraph to the end of the existing section, as
amended.
“The term of this Agreement is extended, and shall include the time period from July 1,
2021 through June 30, 2022.”
B. All other terms and conditions of the Agreement shall remain unchanged, and shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed the _____ day of _______________, 2021.
CITY OF PALM DESERT Waterline Technologies, Inc.
A Municipal Corporation
Kathleen Kelly, Mayor Tom Berrey, General Manager
Attest: Approved as to Content:
_______________________________ ________________________________
M. Gloria Sanchez, Acting City Clerk Eric Ceja
City of Palm Desert, California Interim Director of Community Development
Approved as to Form:
Robert W. Hargreaves, City Attorney