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HomeMy WebLinkAboutC36850 CO1 Mechanical Maintenance and Chemical Acquisition at PD Aquatic Center (PDAC)U, - -- il. STAFF REPORT CITY OF PALM DESERT COMMUNITY DEVELOPMENT DEPARTMENT MEETING DATE: June 27, 2019 PREPARED BY: Ryan Stendell, Director of Community Development REQUEST: Request for approval of Change Order No. 1 to Contract No. C36850, Mechanical Maintenance and Chemical Acquisition at the Palm Desert Aquatic Center by Waterline Technologies, Inc. in the amount Of $10,000. Recommendation By Minute Motion: Approve Change Order No. 1 in the amount of $10,000 to Contract No. C36850 with Waterline Technologies, Inc., Inc., for mechanical maintenance services and chemical acquisition at the Palm Desert Aquatic Center (PDAC). Strateqic Plan Ongoing maintenance of the PDAC sustains one of the City's premier recreational facilities, which provides pervasive recreation and exercise opportunities consistent with the objectives of the Strategic Plan. Backqround Analvsis The City Council awarded Contract No. C36850 to Waterline Technologies, Inc. on June 14, 2018. The contract includes all of the major maintenance activities and chemical acquisition for the Palm Desert Aquatic Center. As the City approaches the end of the 2018/2019 fiscal year, staff requires additional funds be allocated to the contract in the amount of $10,000 to cover necessary chemicals, supplies and maintenance work procured through Waterline. The contract price is based upon a lump sum for maintenance labor, plus a variable amount for chemicals, depending on actual usage. The use of chemicals at the PDAC is largely a function of weather and efficiency of the mechanical system, which is why costs can fluctuate year over year. This approval of additional funding will allow staff to cover the remaining expenses through June 30, 2019. December 14, 2017 - Staff Report Contract No. C32410 Amendment No. 1 - Desert Recreation District Page 2of2 Fiscal Analvsis Funds are available in Fund 242 Accounts in the FY 2018/19 operating budget. LEGAL REVIEW DEPT. REVIEW N/A Ryan Stendell Director of Community Development VENDOR: Waterline Technologies, Inc. 620 Santiago Street Santa Ana, CA 92701 FINANCIAL REVIEW CITY MANAGER 4) net Moore Lauri Aylaian Director of Finance City Manager ATTACHMENTS: 1. Executed Copy of C36850 2. Contract Change Order E I I Y Of PRIM 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 9226O-2578 TEL: 760 346-o6i i i nfoCO; cityofpal mdesert. org July 2, 2018 Mr. Thomas R. Berrey General Manager Waterline Technologies, Inc. 620 North Santiago Street Santa Ana, California 92701 Dear Mr. Berrey: Subject: Contract No. C36850 - Mechanical Maintenance and Chemical. Acauisition at the Palm Desert Aauatic Center At its regular meeting of June 14, 2018, the Palm Desert City Council, by Minute Motion, awarded/authorized: 1) One-year agreement with Waterline Technologies, Inc., Santa Ana, California, in the amount of $109,230 for Mechanical Maintenance and Chemical Acquisition at PDAC; 2) additional repair work and services at the specified contract amount not to exceed 20% thereof ($21,846); 3) City Manager to execute said agreement. Enclosed is a fully executed Agreement for your records. If you have any questions or require additional information, please do not hesitate to contact us. Sincerely, l RACHELLE D. KLASSEN, MMC CITY CLERK RDK:mgs Enclosure (as noted) cc/enc: Johnny Terfehr, Management Analyst Finance Department i�� reixreo ox e[au[o rer[n CONTRACT NO. C36850 CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C36850 AGREEMENT THIS AGREEMENT is made and entered into in the City of Palm Desert on this 14th day of June 2018, by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "City," and _Waterline Technologies, Inc. herein referred to as "Contractor." WITNESSETH: WHEREAS, on April 13, 2018, City invited bids for Aquatics Center Mechanical Maintenance and Chemical Acquisition; and WHEREAS, pursuant to said invitation, Contractor submitted a bid, which was accepted by City for said services, NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: (1) TERM The term of this Agreement shall be from date of execution of this instrument through June 30, 2019 or to such later date as may be agreed in writing between parties. (2) CITY'S OBLIGATIONS For furnishing services, as specified in this Agreement, City will pay and Contractor shall receive in full compensation, therefore the total sum of One hundred nine thousand two hundred and thirty dollars ($ 109,230) as billed on a per -item monthly basis as set forth in the Contract Documents and adopted by City. (3) CONTRACTOR'S OBLIGATION For, and in consideration of, the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to furnish the services and to do everything required by this Agreement and the Contract Documents, Specifications and Conditions. (4) HOLD HARMLESS AND INDEMNIFICATION Contractor agrees to defend, indemnify, and hold harmless City of Palm Desert, its officials, officers, employees, representatives, and agents from and against all claims, lawsuits, liabilities or damages of whatsoever nature arising out of its connection with, or relating in any manner to, any act or omission of Contractor, its agents, employees, subcontractors and employees thereof in connection with, the performance or non-performance of this Agreement. Contractor shall thoroughly investigate any and all claims and indemnify City and do whatever is necessary to protect the City of Palm Desert, its officials, officers, employees, agents, and representatives as to any such claims, lawsuits, liabilities or damages. (5) AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing, signed by Contractor and approved by the City Council of the City. CONTRACT NO. C36850 (6) TERMINATION If, during the term of this Agreement, City determines that Contractor is not faithfully abiding by any term or condition contained herein, City may notify Contractor in writing of such defect or failure to perform; which notice must give Contractor a three- day period of time thereafter in which to perform said work or cure the deficiency. If Contractor fails to perform said work or cure the deficiency within the three (3) days specified in the notice, such shall constitute a breach of this Agreement and City may terminate this Agreement immediately by written notice to Contractor to said effect. Thereafter, except as otherwise set forth herein, neither party shall have any further duties, obligations, responsibilities, or rights under this Agreement except, however, any and all obligation of Contractor's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination hereof. In said event, Contractor shall be entitled to the reasonable value of its services performed from the beginning of the period in which the breach occurs up to the day it received City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. City reserves the right to delay any such payment until completion of confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall Contractor be entitled to receive in excess of the compensation quoted in its bid. The City Council may terminate the contract with 30 days written notice for any reason. (7) INCORPORATED BY REFERENCE The Notice Inviting bids; Bid Terms and Conditions/Instructions to Bidders; Contractor's Proposal Submission Forms; Addendum Nos. , General Terms and Conditions; Specific Terms and Conditions; Extra Work Pricing chedule; Change Orders; additional or supplemental specifications, drawing, maps or diagrams; and City -issued forms relating to this project, are hereby incorporated in and made a part of this Agreement. (8) COMPLETE AGREEMENT This written Agreement, including all writings specifically incorporated herein by this reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. (9) ANTI -DISCRIMINATION In the performance of the terms of this Agreement, Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of any person because of the age, race, color, sex, national origin or ancestry, or religion of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. (10) AUDIT City shall have the option of inspecting and/or auditing all records and other written material used by Contractor in preparing its statements to City as a condition precedent to any payment to Contractor. (11) NOTICE All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail, return receipt requested, addressed as follows: CONTRACT NO. C36850 1F TO CITY: IF TO CONTRACTOR: Office Office of the City Clerk CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 (12) LITIGATION COSTS In the event an action is filed by either party to enforce any rights or obligations under this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs, in addition to any other relief granted by the court. (13) AUTHORITY TO EXECUTE AGREEMENT Both City and Contractor do warrant that each individual executing this Agreement on behalf of each party is a person duly authorized. IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement which shall be deemed an original on the date first above written. CONTRACTOR: CONTRACTOR: BY: ' A (Signature to be notarized) TITLE: ', , M. CITY: TITLE: Citv Manager of Palm Desert, CA ATTEST BY: &a � 1� ' oarz, TITLE: NOW, 1p*lG ATTEST TITLE: Citv Clerk of Palm Desert, CA APPROVED AS TO NTENT: I i JO Y TERFEHR RO MANAGEMENT ANALYST ROVED ADO FORM: flEAVES A' YSARAH E. ORTIZ ~ CoMmi$Sion No. 22361 SO NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY N 4I Comm. EV"' MARCH 22. 2022 I, CONTRACT NO. C36850 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 ) ) SS County of Riverside) On dvr%e, 2` , 20 S , before me r�� OY'rZ , a Notary Public, personally appeared -M'nwiag r ir who proved to me on the basis of satisfactory evidence to be 1he person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and tcial seal. C wiwala. 223610 NOTARY MUC•CALWOM" ORANot COUNh rr CMS E� MA�CM M i>Ift Signature �, I CONTRACT NO. C36850 CONTRACTOR'S BID CONTRACTOR'S BID PROPOSAL BEGINS WITH THIS PAGE CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C36850 TO: CITY CLERK CITY OF PALM DESERT 73-510 FRED WARING DRIVE PALM DESERT, CA 92260 The undersigned declares that he/she has carefully examined the Bid Terms and Conditions, the General Terms and Conditions, and the Specific Terms and Conditions accompanying the Notice Inviting Bids; that he/she is thoroughly familiar with the contents thereof, has examined the site as required by the Contract Documents 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 phases and types of work described in the specifications. The lump sum cost for performing the entire scope of the contract maintenance work shall be indicated and no additional compensation shall be allowed therefore. The total cost for the chemical acquisition is provided for bid comparison only. Payment for chemicals shall be made based on actual usage only. BID ITEM Total for All Maintenance Activities per Contract Documents Total for Chlorine Acquisition Total for Muriatic Acid Acquisition Total for Sodium Bicarbonate Acquisition Total for Calcium Chloride Total for Amino Acid Digester TOTAL BID PRICE Waterline Technologies, Inc. 620 Nor& Saatiap Street Santa Ana. CA 92701 800-464.7762 714-W9100 Water Treatment Ckmicala and ,t ( Equipment QUANTITY I UNIT (Gallon or COST Pound) 15,000gal $ /. /`J 4,000 gat $ 2 .! d 17,000lb $ .3Z TOTAL ANNUAL COST (For bid Comparison) $ y�1' oao - a o A100�a $ sy�fp.oiJ 2,000lb $ .32 $_ 6AJc-00 +1 300 gal $ 5-7.00 $ //, too - op $ /0 23ti-'°fl PAGE 8 TOTAL AMOUNT BASE BID IN FIGURES $ TOTAL AMOUNT BASE BID IN WORDS IN WITNESS WHEREOF CONTRACTOR executed this ate set forth on Page By: Signature (must be notarized) Title: 40CIW41 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 YLt Kae) On �Qri 1 �3 , 20 ! _ before me, 04tAh 8 Mly-,� jJ o}-u� PtA U persorially appeared 1� rL�t. rinnY wh roved to me on the basis of satisfactory evidence to be the persoKitheperson se nam is/ re subscribed t the within instrument and acknowledged to me he/they ex uted the same i hi her/their authorized capacity(tes}-and that bytheir signatures() on the ins rument the person(, or the entity upon behalf of() acted, executedthe instrument. I certify under PENALTY OF PERJURY under the lawns of the State of California that the foregoing para aph is t e a correct. WITNESS my nd and icial se P ATAt1EASIK G OAMIOE OOUNr�T1/� f W OaeniNon E��tw Fi0.11.l021 + Signature of Notary Publi PAGE 9 CONTRACTOR'S PROPOSAL SUBMISSION FORM - CONTINUED CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C36850 INFORMATION REQUIRED OF BIDDER Company Name: Company Address: 4Zo SA^i-r.'Aea o .54. ,--fAV- A AIIA, CA 43770 Office Phone: Cell Phone Q Fax: %(00 "(v-7q-0g9 G J -740-5(OZ-l75b -740 -6-7 ( �f 07s2- Bid Prepared By: Title: -rJCMs R - gclz2er� G. M S;5�4412. Date: aj,,�Contact Person: Cell Phone: In supplying the following information, additional sheets may be attached if needed. LJ Check if additional sheets are attached: • 'i o?(C iNgpt&TeVtJ FoeW1 Check if additional sheets are not attached: ❑ (1) Company Name and Address �RVm'r �RA''4 jq2- 5-10 M&Gu- dol: IPL ACCe 7),46M DEWcr , CA 927-11 (2) . Telephone No. 7110 - b74' 04 4 (3) Type of Firm (Individual, Partnership or Corporation) 0A A (4) Corporation organized under the laws of the State of C'' (5) Contractor's License No. 741)9 4q Exp. Date /2 (6) Contractor's Department of Industrial Relations Registration No. /800W G327 PAGE 10 CONTRACTOR'S PROPOSAL SUBMISSION FORM — CONTINUED CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C36850 (7) List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: ��� 2�L �vf%E��ortt' �.r'S%Dr='r►i- :rAADAI OPEAgANC M /►'(A^eA-GEC (8) Number of years experience providing aquatics center maintenance services (9) Number of years experience with municipal aquatics center contracts (10) Proposed facilities to be used in the fulfillment of this contract List location/address of facilities from which workers will be dispatched: 12'e,la Mo&4,-JX PZ *C4L `P41-M 0AE-50c , 0A 92Z// PAGE 11 SUBCONTRACTOR LIST (1) Pursuant to California Public Contracting Code, Section 4100 et Seq., the following list gives the name, business address, the DIR Public Works Contractor Registration number, portion of work (description of work to be done) for each subcontractor that will be used in the work if the bidder is awarded the Contract, (Additional supporting data may be attached to this page. Each page shall be sequentially numbered, and headed "Proposed Contractors" and shall be signed.) The Bidder shall list all subcontractors who will perform work or labor or render service to the prime contractor in excess of one-half of one percent of the prime's bid. Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one-half of one percent or $10,000, whichever is greater. Failure to Include the subcontractor's DIR registration number may result in the bid being relected as non -responsive. Subcontractor's Name: ccL'STCpmm' PboL 5, 5j4t-eM5 License Number: 5561612- DIR Contractor Registration No. /0000 /0 (0 Business Address: 2510 1J - 49AW6 A'JC' 5t)itE /to 5A,fiAAn1ACA Telephone: 7jq - S73 •ZZDlD DIR email address:-.'SAA16- DIR Classifications: Work Description: 54--AV-1CC jAePAV,6 Percent of Work: 20 Subcontractor's Name: License Number: DIR Contractor Registration No. Business Address: Telephone: DIR email address: DIR Classifications: Work Description: Percent of Work: Subcontractor's Name: License Number: DIR Contractor Registration No. Business Address: Telephone: DIR email address: DIR Classifications: Work Description: Percent of Work: (2) List the name of the person from your firm who inspected the site of the proposed work: PAGE 12 Service I — lal 1. Riverside City College — 4800 Magnolia Ave, Riverside Ca 92506 Dave Cooper- david.cooper@rcc.edu 951-453-6599 1,400,000 Gallon Competition Pool- 250,000 Gallon Competition Pool Full 7 day service including chemicals- $63,000/yr 2. City of Riverside— 3900 Main St Riverside Ca 92522 Stacey Bunchek- Sbunchek(@riversideca.gov 951-782-1551 Seven (7) City Community Pools 88,000 — 665,000 Gallons Full 7 day service including chemicals- $152,000/yr 3. Cal Baptist University- 8432 Magnolia Ave, Riverside Ca 92504 Jack Engelschall- ieneelschail@calbantist.edu 951-207-0788 780,000 Gallon Competition Pool Full service including chemicals- $30,000/yr 7cln AT n- a A ... .... c.,:.• 'In - Q--to A..., r.1:r m;., 01)7n5 . (71A1 S'74_77nn . FAY ('71 Al All 774'7 - 1 :­. 04rAQ i I. FIRM AND TEAM EXPERIENCE a. Service First has been in business for 30 years. We have twenty-two (22) fully trained and equipped service technicians, four (4) fully trained and equipped repair technicians, and four (4) field supervisors. In Addition, our management team includes Field Director, General Manager, Account Managers, and Customer Service Reps. b. The Project Manager will be Bob Wormus, bwormus@service-1st.com — 714- 788-4589 cell. i. Project Manager- Bob Wormus 1. 25 years experience in aquatic industry (16 years with Service First) 2. CPO Certified/NSPF Instructor 92*10684 3. LA Technician #T5633 ii. General Manager- Rich Rohr 1. 22 years experience in aquatic industry( 15 years with Service First) 2. CPO Certified iii. Repair Supervisor -AI Conde 1. 30 years experience in aquatic industry ( 30 years with Service First) 2. CPO Certified 3. LA Tech Certified T1144 iv. Route Supervisor/ Assigned Technician if awarded contract -Alberto Cervantes 1. 20 years experience ( 20 years with Service First) 2. CPO Certified 3. LA Tech Certified DI R#-1000010693 CSLB 556812 C-53 PUBLIC WORKS CONTRACTOR DIR REGISTRATION CERTIFICATION Pursuant to Labor Code sections 1725.5 and 1771.11, all contractors and subcontractors that wish to bid on, be listed in a bid proposal or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See httr)://www.dir.ca.aov/Public-Works.html for additional information. No bid will be accepted nor anv contract entered into without proof of the Contractor's and Subcontractor's current reqistration with the Department of Industrial Relations to perform public work. Bidder herebv certifies that it is aware of the reqistration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently reqistered as a contractor with the Department of Industrial Relations. NAME OF BIDDER: w�T�n���E� %FC9AJcL,o6rt 5 TNC DIR REGISTRATION NUMBER: / DOO 00 65177 DIR REGISTRATION NUMBER EXPIRATION DATE: fo %3a1,;Z of S DIR CERTIFIED PAYROLL EMAIL ADDRESS: /Z 4AJaiC' @ WA4er 1:Ae_♦cc1 •Cow Bidder further acknowledges: 1. Bidder shall maintain a current DIR registration for the duration of the project. 2. Bidder shall include the requirements of Labor Code Sections 1725.5 and 1771.1 in its contract with any and all subcontractors and ensure that all subcontractors are registered at the time of the bid opening and maintain registration status for the duration of the project. 3. Failure to submit this form or comply with any of the above requirements may result in the bid being deemed non -responsive. 4. Within five days of award, Contractor will provide to the City all Labor Classifications that will be employed during the project, sorted by Contractor or subcontractor. Name of Firm: y� WA Tt•G.L�NE / �'C�,I NO t.O � iFS �^lC . Signature: Printed Name: Title: G• m - Dated: A112. lif PAGE 13 Tom Berrey From: Omar Lopez Sent: Tuesday, April 24, 2018 12:43 PM To: Tom Berrey Subject: Service Ref. Desert Sands Unified School District 47950 Dune Palms La Quinta, Ca 92253 Manager- John Vallesillo 760-771-8709 Maintenance- Gilbert 760-567-2169 Desert Recreation District 45305 Oasis St Indio, Ca 92201 General Manager- Troy Strange 760-347-3484 Maintenance- Eddie 760-590-9522 Omar Lopez Manager Waterline Technologies 42570 Melanie PI. Palm Desert, Ca. 92211 T 760-674-0995 F 760-674-0952 www.waterlinetechnolop-ies.com CONTRACTOR'S PROPOSAL SUBMISSION FORM — CONTINUED CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C36850 REFERENCES Contract Initiation/ Amount Scope of Work Completion Dates_ Contact Person 1 $ 9C ID .00 Name C:"i or Business Name ;rr-J,mc, cA Address 9-9 '� -7?07—Phone Additional &o information: at ;�►5 Cb-7�Rc.T Va1,, 1 ?or7 -�o 0'un¢.. 30,2Ole 2 $ voliee� 110 d Name SANDS ()• 5.D � Business Name J��fira, CA Address " Mr) , ��1 A7701 Phone Additional V�O* .S0aCl: (ZED �0Ppl y C i eM 1 f-A(,6 information: / 3 $ Name 71&-Jv�r Business Name CA `l Address `740- 17' 3 9% Phone Additional VA9:ovs 5k&JZlc rQtZ2J /Ze &,NxS 70 �'QU49AVAt information: k:&JPMpnT 7Foti poOCfj List the name of the person who inspected the site of the proposed work for your firm CONTRACTOR hereby swears under penalty of perjury that the information provided is true and correct. By: /J'C�c Title: 6 •M . Signature Contractor PAGE 14 CONTRACTOR'S PROPOSAL SUBMISSION FORM - CONTINUED CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C36850 NON -COLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares: I am the _�M• of "�4 6 � oLab%Fj the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 2: t. AN , 2018, at r ' AAI?- 4 A.-jA c;4 State Sig i �� Signature Title: CONTRACTOR A; . n 4 o/o PAGE 15 ACKNOWLEDGEMENT OF SURETY State of County of On this the day of , 2018, before me, Notary Public, personally appeared , 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 (Seal) 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 CONTRACTOR'S PROPOSAL SUBMISSION FORM - CONTINUED CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C36850 BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, Waterline Technoloeies, Inc. , as Principal, and American Contractors Indemnity Company , as Surety, are held and firmly bound unto the City of Palm Desert in the sum of $ Ten Percent ofBid (1096) (10% of bid), to be paid to the said Owner or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION 1S SUCH, that if the certain proposal of the above bounden principal to perform certain work described as follows; PROJECT NAME Aquatic Center Mechanical Maint. And Chemical Supply PROJECT NUMBER C3685° CONTRACT NUMBER C36850 The general items of worts to be done hereunder consist of providing annual maintenance and chemical acquisition to the City of Palm Desert for Its municipal aquatics center facilities, as described herein and as detailed In the Contract Documents and all appurtenant work as required by the specifications and appendices, and dated April, 2011, is accepted by the City of Palm Desert, and if the above bounden principal Waterline Technolo¢ies, Inc. shall duly enter into and execute a contract for such construction, and shall execute and deliver the Performance Bond and Payment Bond and insurance certificates as required by said contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Should it become necessary for the 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. [Remainder of this page has intentionally been left blank Signature blocks are contained on the next page.j PAGE 16 IN WITNESS WHEREOF, we hereunto set our Hands and Seals this 24th day of April 2018 . Contractor's Name: Waterline Technologies, Inc. Contractor's Signature: % R' V Must be Notedzed 1 1 Tltle:_!�• Address: 620 N. Santiago Street, Santa Ana, CA 92701 Telephone: 714-564-9100 Surety's Name: American Contractors Indemnity Company Surety's S 11 � ze Title: Kerri Hatton-Rudnik, Attorney -in -Fact Address: 801 S. Figueroa St.,Ste 700, Los Angeles, CA 90017 Telephone: 310-649-0990 PAGE 17 CONTRACTOR'S PROPOSAL SUBMISSION FORM - CONTINUED CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C36850 EXTRA WORK PRICING SCHEDULE Please indicate hourly wages for extra work to be performed below: LABOR TYPE: �:/),', 'IrAAi6,4-7 LA7o4, $ 18r7•00 per hour $ per hour $ per hour T:2 OvtR-r:ry£ $ Z-4040 per overtime hour (,t W((_4W0`7 G9 j $ per overtime hour $ per overtime hour At City's discretion, additional work may be paid for using the contractual hourly rate for labor, and materials at cost plus a 15% mark-up. PAGE 18 CITY OF PALM DESERT CONTRACT CHANGE ORDER Contract Purpose Chemical acquisition, repair and maintenance of the Palm Desert Aquatic Center Consultant's Name Waterline Technologies, Inc Address: 620 Santiago Street Santa Ana, CA 92701 Contract # / P.O. # C36850 P 114047 Change Order No. 1 Contingency: I I NO Account No. 242-4549-4211100/242- 4549-4331101 Project No. I Vendor No. I V0008617 You are hereby requested to comply with the following changes from the contract plans and specifications: DESCRIPTION OF CHANGES DECREASE INCREASE (Supplemental Plans, Specifications, and Directives dated Attached) In Contract Price In Contract Price Increase in price by $10,000 to complete necessary chemical and 10,000.00 maintenance purchases through FY 18/19 TOTALS: NET CHANGE IN CONTRACT PRICE: JUSTIFICATION: TOTAL BUDGET FOR PROJECT: + 131,076.00 Less: Expend. & Encumb. To Date: - 131,076.00 Less: This Change Order Amount: - 10,000.00 BALANCE OF BUDGET REMAINING FOR PROJECT: (10,000.00) CONTINGENCY: Amount Approved by Council: + Less: Prior Change Order(s): - Less: This Change Order: - Balance Remaining of Contingency: 10,000.00 10,000.00 The amount of the Contract will be (Decreased) Increased by the Sum of:Ten Thousand Dollars ($ 10,000). Contract C36850 Change Order No. 1 Continued from front This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order items for a lump sum price agreed upon between the Contractor and the City of Palm Desert, otherwise referred to as Owner. Contract Time Extension 0 Days. Revised Contract Total $141,076.00 The undersigned Contractor approves the foregoing Change Order # 1 as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order # 1 . The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of that directly or indirectly related to the approved time extension, required to complete the Change Order items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the Owner. Execution of this Change Order by the Contractor constitutes a binding accord and satisfaction that fully satisfies, waives, and releases the Owner from all claims, demands, costs, and liabilities, in contract, law or equity, arising out of or related to the subject of the Change Order, whether known or unknown, including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, loss of productivity, and stacking of trades, as well as any and all consequential damages. This document will become a supplement to the Contract and all provisions will apply hereto, all items included above must have required signatures as per the purchase resolution. REQUESTED BY: 3. CERTIFIED FUNDS AVAILABLE: DEPARTMENT HEAD FINANCE DIRECTOR NOTE: No payments will be made prior to City Manager and Council approval 2. ACCEPTED BY: CONTRACTOR Date Accepted 4. APPROVED BY: SUSAN MARIE WEBER, MAYOR Date Approved CITY MANAGER Date Approved