HomeMy WebLinkAboutC38561 1yr Extension Pool Chemical Delivery-Consulting SvcsX L
Contract No. C38561
STAFF REPORT
CITY OF PALM DESERT
COMMUNITY DEVELOPMENT DEPARTMENT
MEETING DATE: May 28, 2020
PREPARED BY: Jennifer Nelson, Management Analyst
REQUEST: Request for approval to extend Contract No. C38560 for Professional
Pool Chemical Delivery and Consulting Services to Waterline
Technologies, Inc., of Santa Ana, California for one year (FY
2020/2021) in the amount of $73,488 for the Palm Desert Aquatic
Center.
Recommendation
By Minute Motion:
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, 2020 to June 30, 2021; and
2. Authorize the City Manager to execute the contract extension.
With the approval of the FY 2020-2021, budget funds will be available in Fund
242 for this request.
Strateqic 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.
Backqround Analvsis
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 with Waterline ends June 30, 2020 with the option to renew
yearly until June 30, 2022.
City and PDAC staff have been pleased with the quality of services provided by Waterline
over the past year 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
May 28, 2020 - Staff Report
Extend Contract No. C38560 for Chemical Maintenance Services to Waterline Technologies,
Inc.
Page 2 of 2
recommending the City extend Contract No. C38560 for the first of three possible annual
extensions.
Fiscal Analvsis
Waterline is not requesting any increase in the annual fee that was approved in the
original 2019/2020 contract. The annual cost of $73,488 for this renewal is included in the
proposed 2020/2021 budget. At this time, the award of this contract has no fiscal impact
beyond the budgeted price.
LEGAL REVIEW
N/A
Robert W. Hargreaves
City Attorney
DEPT. REVIEW
Ryan Stendell
Director of Community
Development
City Manager, Lauri Aylaian: 28
FINANCIAL REVIEW
ga Vet 1 ?. "'Vou
Janet M. Moore
Director of Finance
VENDOR: Waterline Technologies, Inc.
620 N. Santiago Street
Santa Ana, CA 92701
ATTACHMENTS: Original Executed Agreement
Amendment No. 1
ASSISTANT
CITY MANAGER
Roar lrjin ne
Andy Firestine
Assistant City Manager
CONTRACT NO. C38561
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, 2020.
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,
2020 through June 30, 2021."
B. All other terms and conditions of the Agreement shall remain unchanged, and shall
remain in full force and effelt.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed the day of , 2020.
CITY OF PALM DESERT
A Municipal Corporation
Lauri Aylaian, City Manager
City of Palm Desert, California
Attest:
Grace L. Rocha, Acting City Clerk
City of Palm Desert, California
Approved as to Form:
Robert W. Hargreaves, City Attorney
Waterline Technologies, Inc.
Tom Berrey, General Manager
Approved as to Content:
Ryan Stendell
Director of Community Development
E I I Y Of PRIM 0E5 ER1
73-510 FRED WARING DRIVE
PAL,m DESERT, CALIFORNIA 92260-2578
TEL.- 760 346-o61 i
info@cityofpalmdescrt.org
August 27, 2019
Mr. Tom Berrey
General Manager
Waterline Technologies, Inc.
620 North Santiago Street
Santa Ana, California 92701
Pear Mr. Berry:
Subject: Contract No. C38560 - Palm Desert Aquatic Center Chemical
Acquisition
At its regular meeting of May 9, 2019, the Palm Desert City Council, by Minute Motion:
1) Awarded subject one-year agreement to Waterline Technologies, Inc., Santa Ana,
California in the amount of $73,488 for chemical acquisition at Palm Desert Aquatic
Center; 2) authorized the Mayor to execute the same.
Enclosed is a fully executed Agreement for your records. If you have any questions or
require additional information, please do not hesitate to contact us.
Sincerely,
RACHELLE D. KLASSEN, MMC
CITY CLERK
RDK:mm
Enclosures (as noted)
cc/enc: Ryan Stendell, Director of Community Development
Finance Department
Contract No. C38560
CITY OF PALM DESERT
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 9th day of May , 2019 , by and
between the City of Palm Desert, a municipal corporation organized under the laws of the State
of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert,
Califomia 92260-2578, County of Riverside, State of California ("City") and Waterline
Technologies, Inc., a California Corporation, with its principal place of business at 620 North
Santiago Street, Santa Ana, CA 92701 ("Consultant"). City and Consultant are sometimes
individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on th terms and conditions set forth in this Agreement.
Consultant represents that it is experienced Tn providing professional pool chemical delivery
consulting services to public clients, is licensed in the State of California, and is familiar with the
plans of City.
2.2 Project.
City desires to engage Consultant to render such professional services for Palm Desert
Aquatic Center Chemical Acquisition project ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional chemical acquisition consulting
services necessary for the Project ("Services"). The Services are more particularly described in
Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject
to, and performed in accordance with, this Agreement, the exhibits attached hereto and
incorporated herein by reference, and all applicable local, state and federal laws, rules and
regulations.
3.1.2 Term. The term of this Agreement shall be from July 1, 2019 to June 30,
2020, unless earlier terminated as provided herein. The City shall have the unilateral option, at
its sole discretion, to renew this Agreement automatically for no more than three additional one-
year terms. Consultant shall complete the Services within the term of this Agreement, and shall
meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates. The
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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 performing 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 security 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 an technical personnel required to perform the Services id conformance
with such conditions. Inlyder 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 approval 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 City 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 Consultant's Representative. Consultant hereby designates Thomas
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Contract No. C38560
Berry, General Manager, or his/her designee, to act as its representative for the performance of
this Agreement ("Consultant's Representative"). Consultant's Representative shall have full
authority to represent and act on behalf of the Consultant for all purposes under this Agreement.
The Consultant's 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 Emolovees. 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 h*e all licenses, permits,
qualifications nd 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 City, 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 Regulations; 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 Eligibility: 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 not 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 Consultant's compliance with the requirements provided for in Section 3.2.10 or any of its sub-
sections.
3.2.10.2 Emplovment Eligibility: Suubcontractors. 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 Emplovment Eligibility: Failure to Comply. 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 Quality. 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, CARE, 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 Safety. 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 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.
3.2.11 InsurancL.
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 contract' 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 Coverage. 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-Contributing. 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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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 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 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 Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
(F) 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 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 Limitina. 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.
(1) Notice of Cancellation. Consultant 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.
(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 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.
(L) Separation of Insureds. A severability of interests provision
must apply for all additional insureds ensuring that Consultant'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.
(M) Pass Throuqh Clause. Consultant agrees to ensure that its
sub -consultants, sub -contractors, and any other party 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 coverage
and assumes all responsibility for ensuring that s ch 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 City 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 Consultant's 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) Timely Notice of Claims. Consultant shall give City prompt
and timely notice of claims made or suits instituted that arise out of or result from Consultant's
performance under 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 necessary for its proper protection and prosecution of the Services.
[Al]
3.2.12 Water Qualitv Management and Compliance.
3.2.12.1 Storm Water Management. 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 Qualitv Laws. Ordinances and
Regulations. 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 City's ordinances regulating water quality and storm water; the
Federal Water Pollution Control Act (33 U.S.C. § 1251, etseq.); 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 Agree ent. Consultant further warrants that it, its employes and
subcontractors have or will recei a 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 Consultant's 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 relevant enforcement entity.
(C) Damages: City may seek damages from Consultant for
delay in completing the Services caused by Consultant's 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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Contract No. C38560
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.
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Contract No. C38560
3.4.2 Reaistration/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 DIR. It shall be Consultant's 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 Consultant's 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 tlje provisions of Section 3700 of the California Labor C�de which require every
employer to b 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 inspection 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 this Agreement.
3.6 General Provisions.
3.6.1 Termination of Agreement.
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.
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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 no�ice 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 Ownershir) of Materials and Confidentialitv.
3.6.3.1 Documents & Data: Licensing of Intellectual Pror)erty. 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 City 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 provide 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 &
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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 Right 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 Documents & 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
Consultant's 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
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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 indemnity, 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 rReservedl
3.6.6 Indemnification.
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 rongful death, in any manner arising out of, pertaining tq, or incident to any
acts, errors or omi:sions, 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 Consultant's obligation to defend, indemnify, and/or hold
harmless arises out of Consultant's 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, Consultant's 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, Consultant's liability for such claim, including the cost to defend, shall not
exceed the Consultant's proportionate percentage of fault.
3.6.7 • Entire Agreement. 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 Governina 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
seq. 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
(BBBK 2018)
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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 Right to Emplov 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 Assignment 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.
6.13 Construction, References; Captions. Since the Pa ies or their agents have
participated fully in the preparation of this Agreement, the language of his 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 subconsuitants
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 -Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.6.17 Invalidity: 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 2018)
72500.00001QI605678.1 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)
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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
By: S, , �&— «c��
SUSAN MARIE WEBER
Mayor
Waterline Technologies, Inc.
[IF CORPORATION, TWO SIGNATURES,
PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER REQUIRED]
By: 2- 6, �0-�
Its.
w 0?'
ATTEST: 7" � t�
Printed Name:
By - -
le
Its:
Printed Name:
-•-
_TM
0N
(BB&K 2018)
72500.00001\31605678.1 Rev 11-9-18 -17-
CvuiinI,i Nu. rmjm
Notary 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 (tt�,nb6
On m-A Ed , 20 1, before [De,, Sty * 1E - b VA lZ Notary Public,
personally appeared p X3' R • tStMCY , who proved to me on the basis of satisfactory
evidence to be the person'(,Q whose name%AI re subscribed to the within instrument and ackno ledged to
me that e1 he/they executed the same in his her/their authorized capacity(ies�, and that by hi er/their
signature(S on the instrument the persorTM, or the entity upon behalf of which the person(b),acte , executed
the instrument.
SARAH E. ORTIZ
Coalmission No. 2235139
t`a . NOTARY PUBLIC-CALIFORNIA
" \ ORANGE COUNTY
My Cam EWN MARCH n. 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 t4o4ary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
F] Individual
Corporate Officer
Title(s)
F1 Partner(s) ❑ Limited
❑ General
❑ Attorney -In -Fact
r1 Trustee(s)
Fi Guardian/Conservator
Fi Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
(BB&K 2018)
72500.00001\31605678.1 Rev 11-9-18
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
cVtilaa�l jvV. c3G✓C13
Notary 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 OTC-*E
On avne 3 ' . 20before me $A►�" �•��'1-- Notary Public,
personally appeared _ 4IT NRita l� , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name( i r subscribed to the within instrument and acknowl d to
me that he he hey executed the same in Is er heir authorized capacity(�ies), and that by h' /her it
signatures on the instrument the person(s), 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.
SARAN E. ORTIZ
CawrinimNo. 2236160 WITNESS my hand and official seal.
NOTARY PUBLIC-CALIFORNIA
ORANGE COUNTY
11y Cam. E*= MARCH 20. 2022
I
&Sign9tureof o�t!> ublic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
,.00orporate Officer
?1r4e951t V14I Services.-._ r.�cw_<_<nrt
Titles Title or T e of Docu ent
- Partner(s) Limited
General
Attorney -In -Fact
Trustee(s)
Guardian/Conservator
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
(BB&K 2018).
72500.00001\31605678.1 Rev 11-9-18
Number of Pages
Date of Document
Signer(s) Other Than Named Above
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 W-1
72500.00001\31605678.1 Rev11-9-18
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 11-9-18
Contract No. C38560
Bond # 100445680
PERFORMANCE BOND Effective Date:7/1/2019
Expiration Date•. 6/30/2020
KNOW ALL MEN BY THESE PRESENTS: That whereas the -City of Palm Desert has
awarded to Waterline Technologies, Inc.
hereinafter designated as °Principal;" a contract for.
CITY OF PALM DESERT
AQUATIC CENTER CHEMICAL-ACQUIS11ION
CONTRACT NO. C38560
WHEREAS, said Principal is required under the terms of said contract to furnish a good
and sufficient borid for the performance of said contract.
NOW THEREFORE, WE, Waterline Technologies, Inc.jthe Principal, and American
Contractors Indemnity Company . as Surety, are held and firmly bound unto the City of Palm
Desert, hereinafter called City, In the Oenal sum of Seventy -Three Thousand Four Hundred
Eighty -Eight and no/100----------- I Dollar$ ($ 73, 88.00 t, being 100% .of the
contract amouht in lawful money of the United States of.America for the payment of whicKsum
well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, and
successors, jointly and severally, firmly,by these.presents.
THE CONDITION OF THIS OBLIGATION IS SUCH 'that if the above bounded Principal,
his executors, heirs, administrators, and successors,. or assigns, shall in all things stand to and
abide by, and well and truly keep and perform the.covenants and agreements in the said contract
and any alterations thereof made as therein provided, on his or their part, to be kept and.
performed at. the time and in the manner therein specified, and in all.respects according to their
true intent and meaning, and shall indemnify and save harmless the.City, its officers and agents,
as therein stipulated, then this obligation shall become null and void; otherwise, it�shall be and
remain in full force and virtue.
And said .Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition to terms of the contractor to the work to be performed
thereunder or the s.pecifications.accompanying the. same shall in any :wise affect its obligations
on this bond, and it does hereby waive notice of, any such .change; extension of time, alterations
or additions to the terms of the contractor to the work or the specifications.
Should it become necessary for City to institute a lawsuit or any other legal proceeding to
enforce the terms and conditions of this bond, then all costs. of said proceeding, including
attorneys' fees, shall be awarded to the'prevailing party.
(88&K 2017) Exhibit'W-2
72500.00001 W 605678.1
Contract No. C38560
IN WITNESS -WHEREOF, identical counterparts of this instrument, each of which shall for
all purposes be deemed an- original thereof, have been duly -.executed by the Principal and Surety
above named, on this 21st day. of May .2019.
American Contractors Indemnity Company Waterline Technologies, Inc.
SURETY* PRINCIPAL /�
BY: b0'-:/� 76 BY: / �• �C J
INSURANCE COMPANY and/or AGENT
American Contractors Indemnity Corn any
ADDRESS' 801 S. Figueroa St.,Ste 700, Los Angeles, CA 90017
TELEPHONE*NUMBER
(BUK 2017)
72500.00001131605878.1
310-649-0990
Exhb-t."0"-3
CALIFORNIA ALL- PURPOSE
CERTIFICATE 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 6E
on Ma C1 A SIC. before me, RAkArli 6- OWT17-
I(Mete m— name ano bile of the ott,cer)
personally appeared Ttf"OMA-S R . BfEV ,
who proved to me on the basis of satisfactory evidence to be the personKwhose
name(s) is/are subscribed to the within instrument and acknowledged to me that.
t'er/ttheir
hey executed the same ir/her/their authorized capacity(, and that by
signatureN on the in trument the person(4 or the entity upon behalf of
which the personN 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.
Notary Publ' S nature
(Notary Public Seal)
$ARAM E. ORTIZ
Conlmiaaion No. 2236180 X.
NOTARY PUBUC-CALIFOWA 9
ORANGE COUNTY
My Carty. 94M MARCH 2D. 2022
0
INSTRUCTIONS FOR COMPLETING THIS FORM
ADDITIONAL OPTIONAL INFORMAT-ON
This form complies with current California statutes regarding notary wording and.
DESCRIPTION OF THE ATTACHED DOCUMENT
ifneeded. should be completed and attached to the document. Acknowledgments
from other states may be completed for documents being sent to that stale so long
�!I SV� O
as the wording does not require the California notary to violate California notary
law.
����
( itle 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.
• Date of notarization must be the date that 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 namc(s) of document signer(s) who personally appear at the time of
CAPACITY CLAIMED BY THE SIGNER
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
be/shefthel�,- is /are ) or circling the correct forms. Failure to correctly indicate this
❑ Individual (s)
information may lead to rejection of document recording.
❑ Corporate Officer
• The notary scat impression must be clear and photographically reproducible.
Impression must not cover text or lines. If scat impression smudges, re -seal if a
(Title)
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
[I Partner s
( )
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.
Indicate title or type of attached document, number of pages and date.
❑ Other
*e indicate the capacity claimed by the signer. if the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
2?015 Varsion wvrv: NutaryC tasse5.c en: 8 -4i':� G'65
• Securely attach this document to the signed document with a staple.
ACIC1iOWLEDCEMENT OF SURETY
State of Minnesota
County of Hennenin
On this the 21 st day of May , 2019, 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.
' CHELSEA A. BREMER
ogL,-INotaryPubfxOMinnesota
(Seal) �y c«�,upm i.,, a,, 2020
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
Contract No. C38560
Bond # 100445680
Effective Date: 7/1/2019
PAYMENT BOND Expiration 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 Waterline Technologies, Inc. (hereinafter designated'as "Contractor"),
an agreement dated Mav9.2019 -and described as follows: CITY OF
PALM DESERTAQUATIC CENTER CHEMICAL ACQUISITION, CONTRACT NO. C38540,
(hereinafter referred to as the "Contract"); and
WHEREAS, said Contractor is required to furnish a bond in connection with said Contract,
and pursuant to Section 3247'of the California Civil Code;
NOW, THEREFORE, we, Waterline Technologies, Inc, the undersigned Contractor, as
Principal, and American Contractors Indemnity Company, a corporation organized and existing
under the laws of the State of . California , and duly authorized to
trans ct business under the laws of the State of Cal'rfomia, a. Surety, are held and firmly
boun unto City of Palm Desert and to any and all persons, companies or corporations
entitled to file stop notices under Section 3181 of the California Civil Code, In the sum of
Seventy -Three Thousand Four Hundred Eiehty-Eight and no/looDollars ($73.488.00 ), said sum being
not less than one hundred percent (100%) of the total amount payable by said Obligee under
the terms of said Contract, for which payment well and truly to be made, we bind ourselves,
our heirs, :executors and administrators, successors and assigns, jointly and severally, firmly
by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said. Contractor, his or its heirs,
executors, administrators, successors or assigns, or subContractors, shall fail to pay for any
materials, provisions or other supplies; Implements, machinery or power used in, upon, for or
about the performance of the Public Work contracted to be done, or to pay any person for
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.Employment
Development Department from the wages of employees of said Contractor and his or its
subContractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor as required by the provisions of Section 3247 through 3252
of the Civil Code, or for any amounts required to be deducted, withheld, and paid over to the
Franchise Tax Board or Internal Revenue Service from the wages of employees of Contractor
or his or its SubContractors, the Surety or Sureties hereon will pay for the,same in an amount
not exceeding the sum specified in this bond, otherwise the above obligation shall be.void.
In addition to the provisions herein above, it is agreed that this bond will inure to the benefit
of any and all persons, companies .and corporations entitled to serve stop notices under
Section 3181 of the Civil Code, so as to give a right of action to them or their assigns In any
suit brought upon this bond.
The Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of said Contract or to the work to be performed
(BB&K 2017) Exhibit °D°-4
72500.00001 %31605679.1
Contract -No.- 38560
thereunder or th6 S0.60fidati.bris accompanying the sameshallinany Way Affect 'its
.obligations on thisbonO, and -it does,. hereby waive notice.of anysuch:.. change, extension of
time, -alteration or addition to the terms of thOCcintract or to the. Specifications:
No final. 66ttl6ment be en Obligee-and.Contractor hereunder -shall abridge the right of any.
beneficiary here'under',.whope claim may be- unsatisfied.
Contractor and Surety. agree that N_0bIIgeeJs.required to, engage ft...siarvices:of an attorney
in corviection WRh* the enforcement of. the bond, each shall -pay Obligee's reasonable
attomeYS fees, Incurred, wlth:or withobt.suit,An adcriboh to -the above sum.
INVITNES&WHERE017,.we have hereunto SO oue*iKands and teals this 21st
day of May. 2019
PRW&IPALYdontraclor.- SURETY:
Waterline Technoloales. Inc: American gntractors Indemnity Comoany
(Typed Name dfC.pntradtor) (Typed.Name Of Surety)
By: eY' 1 0 J14Zi
r
(Signature) (Sigbat re.of'Attbrney-In-FA6
) jj
—rAMAIP tZ 18CAAkr-Y David J. Rudnik
(Typed'Name and Title) (Typed Name of Attorney-inwFact)
The rate of premium on this bond IS $ 20-00 per thousand.
The total amount of premium -charged:..$ 1.470.00
(the above Must.b6 filled In byc6rp6rat6 surety).
IMPORTANT: Surety
ety q900,1nies executing bonds must possess &c*ertffIcate,:-of authorityfrom, the Califoria Insurance Commissioner . ern..q Auth6rizing ' them 't write; Insurance.
. 1w iY
sure
defined in Section 105of the-Calffornia: Insurance Code,: and it the work or project is*financed,
in .whole or In part, with federal, -grantor :loan funds, it must .also appear on the TreasUry
Department's most current ist (Circular 570 as amended).
THIS It A REOUlkEb FORM.
Any claims under this. bond may be addressed to:
American Contractors Indemnity Company, 801 S. Figueroa St.,Ste 700, Los Angeles, CA 90017 / 310-649-0990
(Name, address and telephone no. of Surety),
(Name, addr66,s*,,and,-tdle.ohdrie.ild: bf.:#g6ht'o - r representative for service of process in
California, . I if ditferenf from above)
(W&K 2017)
72500.00001131805878.1
FWbft"D'-S
ACKNOWLEDGEMENT OF SURETY
State of Minnesota
County of Hennepin
On this the 21 st day of Mav , 2019, before me, Chelsea A. Brerper
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.
WETNESS my hand and official seal.
n�,'y�0 Jn "LSEA A.B"M"CW49L, IU if �Y "� " Pubpc-MinnesSignature (Seal)IS'Notaq
r comntnan Expires J.n 3,. 2020
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 authorlty of its Board of Directors.
Notary Public
A CKNOWLEDGEMENT OF PRLNC'.IP<4L f ladividna) ,or Partnersb1 p)
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
CALIFORNIA ALL- PURPOSE
CERTIFICATE 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 ()"bf(
On Mxl Cool 906 before me, Sa to 'r •�'k (-HP.( n � a We at the onceq
personally appeared Tt uM&S 9
who pro d to me on the basis of satisfactory evidence to be the person(5) whose
names' is re subscribed to the within instrument and acknowledged to me that
he he/they executed the same in his/her/their authorized capacitY(ieg), and that by
his her/their 6gnatureN on the instrument the person(Sk or the dntity 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.
S~E. ORTiZ
WITNESS my hand and official seal. CortimissionNo. 2236180
NOTARY PU6U4CALIFORtiiA
ORANGE COUNTY
wC411111115. 9,ou.• * ItANCM n. M2
Notary Pub is ig atur (Notary Public Seal)'
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
77,is form complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT
ifneeded, should be completed and attached to the document. Acknowledgments
from other states may be completed for documents being sent to that state so long
�►`
12P4IAAF M
as the wording does not require the California notary to violate California notary
low.
(Title or description of attached ment)
e State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
(Title or description of attached document continued)
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
Number of Pages Document Date
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the 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 incorrect forms (i.e.
❑ Individual (s)
Wshe/they, is /ere ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
❑ Corporate Officer
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. if seal impression smudges, re -seal if a
(Title)
sufficient area permits, otherwise complete a different acknowledgment form.
❑ Partner(s)
• Signature of the notary public must match the signature on file with the office of
❑ Attorney -in -Fact
the county clerk.
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 orattached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
"U 1 + Ve--,ion wv.,& NrstaryClassesxont
Securely attach this document to the signed document with a staple.
00
TOKIO MARL N E
HCC
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That American Contractors Indemnity Company of the State of California, a California corporation, 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 001100 f $4.000.000.00 ).
This Power of Attorney 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 1a1 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. i
Be it Resolved, Ehat the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of
attorney or any certificate relating thereto by facsimile, and any power of attorney 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 Attorney4n-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 Attorney -in -Fad 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 1n day of June, 2018. ,Aa0.&CToq
AMERICAN CONTRACTORS INDEMNITY COMPANY
State of California
County of Los Angeles yyI °` 7& 1:'.; By: 't/!
`' Adam S. essin, resident
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 validitv 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 taws of the State of CALIFORNIA that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
saNua. CAM.10
nauey►ok • cww6a
i tn�np ncwny E
Signature (seal)
' MyCo*�.4p1Myr 11.707] 4
I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney 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 Attorney 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 May 2019
`���{tACToRS1����i
Bond No. 100445680 `u°`�''
Ze
Agency No. 8288 = "K0RD01A�D = Kio Lo. Aa ' t Secretary
�. SEPT. 23. 199° : <;
"^fill1111�" HCCSZZP0MCIC0&W18
visit tmhcc.com/surety for more information
Fee 111M
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE
SAN FRANCISCO
Certificate of Compliance
I, Pauline D'Andrea, on behalf of the Insurance Commissioner of the State of California,
do hereby certify that the
American Contractors Indemnity Company
of California, is duly organized under the laws of the State of California, and is licensed by this
Department to issue policies and transact the business of
Surety insurance.
The Certificate of Authority is for an indefinite term but shall expire with the expiration or
termination of the corporate existence of the holder thereof. Notwithstanding the foregoing, the
Certificate of Authority may be suspended, revoked, or surrendered in the manner provided by
statute.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal
of the Insurance Commissioner to be affixed this 31 st day of December, 2009
Steve Poizner
Insurance Commissioner
By ?UJU� t'iA4 a —
Pauline D'Andrea
.t;lfiCiFGf�fJfA
R Pt�OFIN' R N E
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COMPANY PROFILE
Company Information
AMERICAN CONTRACTORS INDEMNITY COMPANY
801 S. FIGUEROA STREET
LOS ANGELES, CA 90017
Old Company Names Effective Date
Agent For Service
ANNA NOVEMAN
801 S Figueroa Street Suite 700
Los Angeles CA 90017
Reference Information
NAIC #:
(California Company ID #:
Date Authorized in California:
(License Status:
Company Type:
[State of Domicile:
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NAIC Group List
NAIC Group #
Lines Of Business
II10216
If3634-3
II05/23/1994
.II UNLIMITED -NORMAL
IlProperty & Casualty
IICALIFORNIA
I
3098 Tokio Marine Holdings Inc GRP
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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(D 2008 California Department of Insurance
CONTRACT NO. C38560
CONTRACTOR'S BID
Waterline Technologies
CITY OF PALM DESERT
CONTRACT NO. C38560
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. At)ril 16.2019, at which time they will be publicly opened
and read aloud.
ESTIMATED
QUANTITY
UNIT
TOTAL ANNUAL
BID ITEM
(Gallon or
COST
COST
(For bid Comparison)
Pound)
for Chlorine Acquisition
36,000 gal
$
$
i
Total
7O.0 O
Total for Muriatic Acid
4,000 gal
$
$
Acquisition
2•�5
!.� .[�0�. OD
Total for Sodium Bicarbonate
17,000lb
$
$
Acquisition
4o 04? 0.00
Total for Calcium Chloride
2,000 lb
$ 33
$
440.00
Total for Amino Acid Digester
300 gal
$
$
/2.g3G0 0
Total for DE per pallet (1800
1800lb
$
7
$
/512. - 00
pounds)
TOTAL BID PRICE
$
-7>? c f gg -06
TOTAL BID AMOUNT IN FIGURES $1 73,,18
:9 - 0 0
TOTAL BID AMOUNT BID IN WORDS S�✓t����t� �5
4-16- ,;?oig
IO,�1/WVA/J 1-94�
GA
Watefline Techndoiies, Inc.
620 North Sa~ Street
$ants Ans, CA 92701
SM464.7762 714-564-9100
Water Treabment Chemkab and
Equipment
CONTRACT NO. C38560
The undersigned declares 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 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 on actual unit priced purchases only. IN WITNESS WHEREOF CONTRACTOR
executed this Bid as of Y -S-11 (date)
By: /JKS�2•c'JJP���
Signature U
Title:
A notary public or other officer completing this certificate verges 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 MAC 1
On �t 1 0 , 20A before me, $ARAtt E • OFTm
personally appeared -T'HDNAS R • 1 VAMS-i
,who proved to me on the basis
of satisfactory evidence to be the persons) whose narneN islare subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in
hi er/their authorized capacity(ift), and that by hi her/their signatures 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.
WI NESS�ny hand and official seal.
.; saw E. oxra
a cwmduion No. 22361a0
i NOTARY PUBLIC-CALIFORNIA
ORANGE COUNTY
Sign re of Notary Public 1 _ Iffmic""Oft MARt1421.2on