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HomeMy WebLinkAboutC36850 - Mechanical Maint - Chemical Acquisiton at the PDAC Contract No. C36850 STAFF REPORT CITY OF PALM DESERT COMMUNITY DEVELOPMENT DEPARTMENT MEETING DATE: June 14, 2018 PREPARED BY: Johnny Terfehr, Management Analyst REQUEST: Award Contract No. C36850 for a one-year agreement (FY 2018/2019) with Waterline Technologies, Inc., of Santa Ana, California, in an amount of $109,230 for mechanical maintenance and chemical acquisition at the Palm Desert Aquatic Center (PDAC). Recommendation By Minute Motion: 1. Award Contract No. C36850 for a one-year agreement with Waterline Technologies, Inc., of Santa Ana, California, in an amount of $109,230 for mechanical maintenance and chemical acquisition at the PDAC. 2. Authorize additional repair work and services at the specified contract amount; not to exceed 20 percent of the contract amount or $21,846. 3. Authorize the Mayor to execute the Agreement. If the above actions are approved, funds are available the following accounts: Supplies - Pool Chemicals Account No. 2424549-4211100 Contracted Pool Maintenance Account No. 2424549-4331101 Strategic Plan The proposed action will further the goals of the Strategic Plan by providing for necessary maintenance of the PDAC facility assuring pervasive recreational activities within the City. Background Analysis The proposed agreement includes all of the major maintenance activities and chemical acquisition for the PDAC. The Family YMCA of the Desert, who manages the facility, has a full-time maintenance staff member for the day-to-day maintenance activities. The intent June 14, 2018 - Staff Report Contract No. C36850 for Mechanical Maintenance/Chemical Acquisition Page 2 of 2 of this contract is to provide a monthly inspection and oversight by a highly-skilled maintenance team and provide assistance to our staff with larger maintenance tasks that occur annually. The contract also provides for monthly chemical acquisition, which helps staff with a single point of contact for all maintenance needs. Below are the results from the bid opening, which occurred on May 2, 2018: Waterline Technologies, Inc. (Santa Ana): $109,230 Knorr Systems, Inc. (Santa Ana): $116,834 Commercial Aquatic Services, Inc. (Anaheim) $153,563 Fiscal Analysis At this time, the award of this contract has no fiscal impact beyond the total bid price of $109,230 submitted with the proposal. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER A)/ Robert W. Hargreaves Ryan tendell Uar et Moore Lauri Aylaian City Attorney Director of Community Director of Finance City Manager Development VENDOR: Waterline Technologies, Inc. 620 N. Santiago Street Santa Ana, CA 92701 ATTACHMENTS: Bid Proposals Agreement Contract Documents and Specifications/Request for Bid CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C36850 AGREEMENT THIS AGREEMENT is made and entered into in the City of Palm Desert on this day of 2018, by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "City," and_Waterline Technologies, Inc. herein referred to as "Contractor." WITNESSETH: WHEREAS, on April 13, 2018, City invited bids for Aquatics Center Mechanical Maintenance and Chemical Acquisition; and WHEREAS, pursuant to said invitation, Contractor submitted a bid, which was accepted by City for said services, NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: (1) TERM The term of this Agreement shall be from date of execution of this instrument through June 30, 2019 or to such later date as may be agreed in writing between parties. (2) CITY'S OBLIGATIONS For furnishing services, as specified in this Agreement, City will pay and Contractor shall receive in full compensation, therefore the total sum of One hundred nine thousand two hundred and thirty dollars ($ 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 IF TO CITY: IF TO CONTRACTOR: 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: ATTEST BY: (Signature to be notarized) TITLE: TITLE: CITY: BY: ATTEST BY: TITLE: City Manager of Palm Desert, CA TITLE: City Clerk of Palm Desert, CA APPROVED AS TO CONTENT: APPROVED AS TO FORM: JOHNNY TERFER ROBERT W. HARGREAVES MANAGEMENT ANALYST CITY ATTORNEY CONTRACT NO. C36850 State of California County of Riverside On , 20 , before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same 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 official seal. Signature (seal) • 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. QUANTITY UNIT TOTAL ANNUAL BID ITEM (Gallon or COST COST Pound For bid Comparison) Total for All Maintenance Activities y�I Opp , o O per Contract Documents $ Total for Chlorine Acquisition 35,000 gal $ /. ! $ 11/, 650.00 Total for Muriatic Acid Acquisition 4,000 gal $ .!d $ 9 //DO. O'D Total for Sodium Bicarbonate 17,000 lb $ .�Z $ S4110•o Acquisition Total for Calcium Chloride 2,000 lb $ .32 $ 44/0.00 Total for Amino Acid Digester 300 gal $ 17.Oo $ //,/pp.00 TOTAL BID PRICE $ /v ! 23t• 0D Waterline Technologies, Inc. g'I 620 North Santiago Street ��` V^ Santa Ana, CA 92701 V�' 800-464-7762 714-564.9100 ry Water Treatment Chemicals and Equipment 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 C-1: By: Signature (must be notarized) Title: "61 ,4�- 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 1?nh(, ) n On Aril' I , 20 I g before me, t•lAttill e P3)1e- t.JOi-4v\ ! f t, 9ii C persorfally appeared rK-$ur rmnre, who •roved to me on the basis of satisfactory evidence to be the person( whose nam- '40:re subscribed t• the within instrument and acknowledged to met- a.he/they ex- uted the same i-O. her/their authorized capacity(ics), and that byes, er/their signatures( on the ins rument the person(!), or the entity upon behalf of the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws// of the State of California that the foregoing pars• aph is tree a • correct. WITNESS my .nd and • icial se. . I. . NATALJEASIK :` COMMISSION/2183000 � ri NOTARY PUBLIC-CJIUFORIM ORANGECOUNTY Q *Commission ExyYes Feb.11,2021 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: LVA-(eL.G1WC �Fct�..o LoC (ES T,JC . Company Address: 620 5iT ed,o 5-�- 5tN;A A,/'4, CA 9,27c I Office Phone: Cell Phone : Fax: 7(00-6-7'/—ogg5 -74o -542-l-56 -74o -09 0952. Bid Prepared By: Title: f/4ofl145 R- g(Zt f 6•/✓1 Signatu e: Date: 2. 814,46 '/-23-2oie Contact Person: Cell Phone: 64E‘t 6A 601 f 774o-562-/15b In supplying the following information, additional sheets may be attached if needed. Check if additional sheets are attached: [4 i, ,i'j . rNSPEdror roar') • Check if additional sheets are not attached: ❑ (1) Company Name and Address, PALM L 5 3 r 6gmcki O R € '/2-57o 11 14 r t /t AC , Atit✓I OE5ea=r ,CA 92211 (2) Telephone No. 760— 6I 4-O_`g f, (3) Type of Firm (Individual, Partnership or Corporation) CoR P. (4) Corporation organized under the laws of the State of C A• (5) Contractor's License No. 210ig 44 Exp. Date /2/3s I /3 (6) Contractor's Department of Industrial Relations Registration No. 1b00t° 6321 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: g:aic. ic>gezelaz&— 74.e%`ochr -rizioMA 84--n G-At• 6444 L LopEZ bie,4.4N M,4,v4-644. (8) Number of years experience providing aquatics center maintenance services bt (9) Number of years experience with municipal aquatics center contracts 6/ (10) Proposed facilities to be used in the fulfillment of this contract List location/address of facilities from which workers will be dispatched: tv4'ffl-L. E 1-0c (.. c• c6-f GvA2N7b o q z-ef i a Ape L,4N;t— pz At R44 v)1 CIE5kYare 0,4 922// 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 peina rejected as non-responsive. Subcontractor's Name: .3�'�nNA rtL,T&Mitt PC L SL f5IJV 4 License Number: Jr568t2-• DIR Contractor Registration No. /0000/003 Business Address: 26/0 N•G4•A t /OC- 5011-E 110 SfwrAA+SACA Telephone: 7sq- 6-75-ZZOD DIR email address: -.5.4A'Ia-- DIR Classifications: Work Description: SEAV;C IRLPAVAS Percent of Work: 2.0 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 �; ST 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-jengelschall@calbaptist.edu 951-207-0788 780,000 Gallon Competition Pool Full service including chemicals- $30,000/yr FIRM AND TEAM EXPERIENCE a. Service First has been in business for 30 years. We have twenty-two (22) fully trained and equipped service technicians, four(4) fully trained and equipped repair technicians, and four(4)field supervisors. In Addition, our management team includes Field Director, General Manager,Account Managers, and Customer Service Reps. b. The Project Manager will be Bob Wormus, bwormus@service-1st.com—714- 788-4589 cell. i. Project Manager- Bob Wormus 1. 25 years experience in aquatic industry (16 years with Service First) 2. CPO Certified/NSPF Instructor 92*10684 3. LA Technician#T5633 ii. General Manager- Rich Rohr 1. 22 years experience in aquatic industry( 15 years with Service First) 2. CPO Certified iii. Repair Supervisor-Al Conde 1. 30 years experience in aquatic industry( 30 years with Service First) 2. CPO Certified 3. LA Tech Certified T1144 iv. Route Supervisor/Assigned Technician if awarded contract-Alberto Cervantes 1. 20 years experience ( 20 years with Service First) 2. CPO Certified 3. LA Tech Certified DIR#-1000010693 CSLB 556812 C-53 PUBLIC WORKS CONTRACTOR DIR REGISTRATION CERTIFICATION Pursuant to Labor Code sections 1725.5 and 1771.11, all contractors and subcontractors that wish to bid on, be listed in a bid proposal or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.qov/Public-Works.html for additional information. No bid will be accepted nor any contract entered into without proof of the Contractor's and Subcontractor's current registration with the Department of Industrial Relations to perform public work. Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations. NAME OF BIDDER: (VATtn L►$JC % 14.10 i-o6 ct 5 T,1 C DIR REGISTRATION NUMBER: f UOO 00 6 37-7 DIR REGISTRATION NUMBER EXPIRATION DATE: (o/30 2°i 8 DIR CERTIFIED PAYROLL EMAIL ADDRESS: /L GA•/&a- @ wA-her ) Iva). -core, 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: TIC . WA Tee L A* �6ct4 No L o G r E5 / Signature: / R. 6 €,I,...44.6 Printed Name: - oMA S 0 . -5E-12/21 Title: G•/h• Dated: '//2Y f�$ 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.waterlinetechnologies.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 $ 30.aCO .00 c•FL ►fiL(LCQ, Name C: of.11-4i n E Business Name Z.);AC,CA Address 99`,7z /.7 70 7 Phone Additional information: On C 'cj Cbry?aRcT �`'4 I ,?orj -10 Junc. 30,2big 2 $ 1-00.3 Voi es. do Name "ZE5e`Rr 5 4A/t ' t) gib. Business Name LA Q a) /f-4, CA Address _...__ 7 o- 71-10 Phone Additional RI X* £ e cc R6Q r information: VA / 5vPpt y C YGM.Gq(,Lj 3 $ -- /� T i4D I 66'7zAr4�e Name .//r" .r / IE- ,4Al0/4 Business Name _.t-P/O,0, CA Address y 490- 417-3MI Phone Additional yQ2,:co 5 J7,�� ,Qt'L2J -5. Rev;:4: 70 E-42,apir4r4" information: /#,T/ut. t3 A At PAT PA. Pooh 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:-IlifilA4CRC_. -a,"-'20 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 CM- of 0t ° j 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 /e/L:C. 2- , 2018, at jA�A ,.A , CA Cf 2 • "j State S Signature G� . Title: CONTRACTOR t_. ~ 0 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 Technologies,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 of Bid(10%) (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 IS SUCH, that if the certain proposal of the • • above bounden principal to perform certain work described as follows: • PROJECT NAME 9 Supply Aquatic Center Mechanical Mainl.And Chemical • PROJECT NUMBER C36850 • CONTRACT NUMBER C36850 The general items of work 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 Technologies,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.] • 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: 11)317444°g'6,1412- Must be Notarized Title: • "l Address: 620 N. Santiago Street, Santa Ana, CA 92701 Telephone: 714-564-9100 Surety's Name: American Contractors Indemnity Company Surety's Si try rtzed 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: 2.`rl, JTRA;6rT LA$o&2, $ /8rj*°° per hour $ per hour $ per hour TA. Ocie&r ry£ $ Zi0.fo per overtime hour 10G2tGEW05 4 Al....44y5 $ 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. 1 � PAGE 18 Y 474 4)41N1 City of Palm Desert Riverside County California Contract Documents and Specifications Contract No. C36850 AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION FISCAL YEAR 2018/2019 Johnn e1 fehr, Management Analyst 73-510 Fred Waring Drive Palm Desert, CA 92260 ISSUED APRIL 13, 2018 KEY CONTRACT DATES: April 13,2018 Notice Inviting Bids Issued April 20, 2018 Deadline for Submission of Written Questions 9:00 a.m. April 23, 2018 Addendum Issued (if needed) 5:00 p.m. May 2, 2018 Bids Due/Bid Opening 11:00 a.m. July 1, 2018 Contract Begin Date TABLE OF CONTENTS AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION FISCAL YEAR 2018/2019 CONTRACT NO. C36850 * Once-Starred Items must be Returned with Bid ** Twice-Starred Items must be Returned upon Award of Contract SECTION 1: CONTRACT DOCUMENTS NOTICE INVITING BIDS Availability of Specifications 1 Term of Contract 1 Work Included in Bid 1 Questions Due 1 Form of Bid 2 Bid Due Date 2 Agency Rights 2 Prevailing Wage Determination 2 BID TERMS AND CONDITIONS/INSTRUCTION TO BIDDERS Bid Proposal Submission - Instructions for a Complete Package 3 Addenda 4 Interpretation of Documents 4 Requirement to Meet all Bid Provisions 4 Requirement to Bid on the Complete Work 4 Submission of One Bid Only 5 Qualifications of Bidders 5 Subletting and Subcontracting 5 Bid Withdrawal, Late Submissions, Public Bid Opening 5 Communication Regarding Bid 6 Bid Retention and Award of Contract 7 Inspection of Site 7 Contract Initiation Meeting 7 Non-collusion Affidavit 7 Contract Documents Identified 7 Licenses and Certifications Required 8 Bonds Required 8 Return of Guarantee 8 CONTRACTOR'S PROPOSAL SUBMISSION FORM * Total Contract Bid 9 Information Required of Bidder 11 * Subcontractor List 13 * Public Works DIR Registration 14 * References 15 * Signature of Bid Preparer 15 * Affidavit of Non-collusion 16 * Bid Bond 17 * Extra Work Pricing Schedule 19 POST-AWARD DOCUMENTS ** Agreement 20 ** Performance Bond 24 ** Payment Bond 26 SECTION 2: SPECIFICATIONS GENERAL TERMS AND CONDITIONS Indemnification 1 Review of Contract Documents and Job Site 2 Protection of the Public 2 City-furnished Equipment 3 Coordination with Other Contractors 3 Contract Assignment 3 Non-discrimination 3 Performance Deficiencies and Reduction in Payment 4 Insurance 5 Timely Execution of Agreement 9 Failure to Accept Contract 9 Severability 9 SPECIFIC TERMS AND CONDITIONS Introduction 10 Scope of Work 10 Specific Services to be Performed 12 Water Balance and Chemical Parameters 12 Licenses and Certifications Required 13 Vehicles on Sidewalk and Turf 13 Schedules 13 Extras 14 Safety Practices and Cal-OSHA 14 Damage to Public or Private Property 14 Liquidated Damages 15 Measurement, Invoicing, and Payment 15 General Compliance with Laws 15 Contract Initiation Conference 16 SECTION 3: ATTACHMENTS Attachment 1 —Frequency Schedule Attachment 2—Aquatics Center Construction Drawings(Plans) SECTION 1: CONTRACT DOCUMENTS CITY OF PALM DESERT NOTICE INVITING BIDS AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C36850 PUBLIC NOTICE IS HEREBY GIVEN that the City of the Palm Desert ("City"), California, invites sealed bids for the above-stated project.The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Contract Documents and Specifications for the above-stated project. Printed copies of said Contract Documents and Specifications are available from CITY by contacting Management Analyst Johnny Terfehr at (760) 776-6446 or jterfehr@cityofpalmdesert.org or by visiting the Community Development Department. Bids will be made on a lump-sum basis. This bid will be for a 12-month period starting July 1, 2018, with an option for two, one-year (12-month) extensions based on contract performance and at the City's discretion. Liquidated damages of$500 per calendar day are applicable as outlined in the Contract Documents. Full compensation for all labor, tools, materials, equipment, and incidentals required to perform the scope of work shall be considered included in the contract price as listed in the Contractor's bid proposal. At a minimum, this contract will provide for the following: administration of the annual maintenance program, chemical acquisition, and written documentation of all field activities and conditions. Work will be accomplished while observing and adhering to all applicable regulations, including but not necessarily limited to: WATCH Manual for Traffic Control; OSHA and Cal-OSHA; hazardous waste disposal; NPDES; and City's MS4 Permit. Contractor or Subcontractor(s) must have all required licenses, permits, certificates, and registrations in order to perform the scope of work. Additional requirements include a Bid Bond, Payment Bond and; Performance Bond as well as all insurance required by specifications. A City of Palm Desert business license will be required upon award of bid. All questions must be put in writing and be received by the City no later than 9:00 a.m. on Friday, April 20, 2018. Requests for clarification, questions, and comments must be clearly labeled, "Written Questions for Aquatics Center Mechanical Maintenance and Chemical Acquisition 2018/2019" and addressed to Johnny Terfehr, City of Palm Desert, and hand-delivered or mailed to 73-510 Fred Waring Drive, Palm Desert, CA 92260. Questions may also be emailed to jterfehra,citvofpalmdesert.orq provided the subject line conforms to the label. The City is not responsible for failure to respond to a request that has not been so labeled. Bids must be prepared on the approved bid forms in conformance with the Instructions to Bidders and submitted to the office of the City Clerk in a sealed opaque envelope plainly PAGE 1 marked on the outside "SEALED BID AQUATIC CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION, CONTRACT NO. C36850. DEPARTMENT OF INDUSTRIAL RELATIONS CONTRACTOR REGISTRATION NUMBER "DO NOT OPEN WITH REGULAR MAIL." Bids, to be considered, must be received in the office of the City of Palm Desert City Clerk up the hour of 11:00 a.m. on Wednesday, May 2, 2018, at which time they will be opened publicly and read aloud. The City reserves the right to reject any or all bids, to waive any irregularity, to accept any bid proposal or portion thereof, and to take all bid proposals under advisement for a period of 60 days. In accordance with California Labor Code Sections 1770, 1773, 1773.1, 1773.6 and 1773.7 as amended, the Director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with the standards set forth in Section 1773 for the locality in which the Work is to be performed. In accordance with City Ordinance No. 859, this project shall require prevailing wage payments. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. A copy of said wage rates can be obtained by accessing the Department of Industrial Relations website at www.dir.ca.gov/DLSR/statistics research.html or by contacting the District Office at 464 West Fourth Street, San Bernardino, California 92401. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. http://www.dir.ca.gov/Public-Works/PublicWorks.html At the time of contract bid, the prime Contractor shall possess appropriate license and/or license(s) sufficient to perform the work. BY ORDER OF the City Council of the City of Palm Desert. Dated this 13 day of April, 2018. RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 PAGE 2 BID TERMS AND CONDITIONS/INSTRUCTION TO BIDDERS CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C36850 BID PROPOSAL SUBMISSION CITY shall accept a sealed bid proposal submitted on the provided Contractor's proposal Submission Form, which shall, when combined with the Bid Terms and Conditions, the General Terms and Conditions, the Specific Terms and Conditions, and the document titled Agreement, constitute a complete agreement. The proposal cost quotation shall include all costs for CONTRACTOR to accomplish the work outlined in the proposal and shall be all-inclusive. If provision is made for alternatives, they must all be bid, unless otherwise provided in the Special Provisions. Bids must be submitted on all items and schedules included in the Contract Documents. Failure to bid on all items and schedules may result in the bid being rejected as non-responsive. CONTRACTOR shall submit the proposal cost on a lump-sum basis. Bids must be prepared on the approved proposal forms in conformance with the Instructions to Bidders and submitted in a sealed opaque envelope plainly marked on the outside: SEALED BID AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C36850 DEPARTMENT OF INDUSTRIAL RELATIONS CONTRACTOR REGISTRATION NUMBER . DO NOT OPEN WITH REGULAR MAIL The bid envelope label must also clearly identify the bidder, as follows: Company name and business address Business phone number Contact person Sealed bid proposals will be received at the office of: City Clerk, City of Palm Desert 73-510 Fred Waring Drive, Palm Desert, CA 92260 Up to the hour of 10:00 a.m. on Friday, May 15, 2015 The completed package shall include a signed Contractor's Proposal Submission Form with the lump sum price indicated; Information Required of Bidder; acknowledgement of any addenda; Non-Collusion Declaration; and Bid Bond. Forms are provided in the bid packet available from CITY. PAGE 3 BID TERMS AND CONDITIONS/INSTRUCTION TO BIDDERS-CONTINUED CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C36850 ADDENDA CITY reserves the right to issue Addenda to the contract documents at any time prior to the time set to open bids. Each potential bidder shall leave with CITY its name, address, phone number and e-mail address for the purpose of receiving addendums. CITY will cause copies of Addenda to be mailed, delivered or e-mailed to such names at such addresses. To be considered, a CONTRACTOR's proposal must list and take into account all issued Addenda. Bids, to be acceptable, must acknowledge receipt of all Addenda. INTERPRETATION OF DOCUMENTS Discrepancies, omissions, ambiguities, and requirements likely to cause disputes between trades and similar matters shall be promptly brought to the attention of CITY, in writing, and to the attention of Johnny Terfehr. When appropriate, addenda will be issued by CITY. No communication by anyone as to such matters, except by addenda, affects the meaning or requirements of the contract documents. REQUIREMENT TO MEET ALL BID PROVISIONS Each bidder shall meet all of the specifications, bid terms, and conditions. Non-substantial deviations may be considered provided that the bidder submits a full description of, explanation of, and justification for the proposed deviations. CITY will make a final determination of any proposed deviation. REQUIREMENT TO BID ON COMPLETE WORK Bids are required for the entire work. The amount of the bid for comparison purposes will be the total of all items. In case of discrepancy between the item price and the total set forth for the item, the item price shall prevail, provided however, if the amount set forth as an item price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or in the case of unit-basis items, is the same amount as the entry in the "Total" column, then the amount set forth in the "Total" column for the item shall prevail in accordance with the following: a. As to lump-sum items, the amount set forth in the "Total" column shall be the item price. b. As to unit-basis items, the amount set forth in the "Total" column shall be divided by the estimated quantity for the item and the price thus obtained shall be the item price. The evaluation of bids and award of contract shall be the exclusive decision of the City BID TERMS AND CONDITIONS/INSTRUCTION TO BIDDERS — CONTINUED CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C36850 PAGE 4 SUBMISSION OF ONE BID ONLY No individual or business entity of any kind shall be allowed to make, file, or be interested in more than one bid, except an alternative bid when specifically requested. However, an individual or business entity which has submitted a sub-proposal to a bidder submitting a proposal, or has quoted prices on materials to a bidder, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other bidders submitting proposals. QUALIFICATIONS OF BIDDERS No award will be made to any bidder who cannot give satisfactory assurance to CITY as to its own ability to carry out the contract, both from its financial standing and by reason of its previous experience as a contractor on work of the nature contemplated in the contract. The bidder may be required to submit its record of work of similar nature to that proposed under these specifications, and unfamiliarity with the type of work may be sufficient cause for rejection of the bid. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. http://www.dir.ca.gov/Public- Works/PublicWorks.html SUBLETTING AND SUBCONTRACTING Bidders are required pursuant to the Subletting and Subcontracting Fair Practices Act (commencing with Section 4100 of the Public Contract Code) to list in their bid the name, location of place of business, Contractor's State License Number (if applicable) and Department of Industrial Relation Registration Number, with the sub-Contractor's email contact, of each sub-Contractor who will perform work or labor or render services in or about the construction of the work or improvement or a sub-Contractor who will specially fabricate and install a portion of the work or improvement according to detailed drawings contained in the Plans and Specifications in excess of one half of one percent (0.5%), or $10,000, whichever is greater, of the prime Contractor's total bid. Failure to list a sub- Contractor for any portion of the work under the guidelines above indicates that the Contractor's own forces will do that portion of the work. It is the City's intent for the Subletting and Subcontracting Fair Practice Act to apply to all phases of the work. BID WITHDRAWAL, LATE SUBMISSIONS, PUBLIC BID OPENING A bidder may withdraw a proposal, without prejudice, prior to the time specified for the bid opening, by submitting a written request to City Clerk for its withdrawal, in which event the proposal will be returned to the bidder unopened. No proposal received after the time specified or at any place other than the place stated in the Notice Inviting Bids will be considered. All bids will be opened and declared publicly. Bidders or their representatives are invited to be present at the opening of the bids. COMMUNICATION REGARDING BID All timely requests for information submitted in writing will receive a written response from CITY. Telephone communications with city staff are not encouraged, but will be permitted; however, no communication by anyone as to such matters except by Addenda affects the meaning or requirements of the Contract Documents. PAGE 5 BID TERMS AND CONDITIONS/INSTRUCTION TO BIDDERS — CONTINUED CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C36850 BID RETENTION AND AWARD OF CONTRACT CITY reserves the right to retain all bids for a period of sixty (60) days for examination and comparison. CITY also reserves the right to waive irregularities in any bid, to reject any or all bids, It is the intent of the City to award to the lowest, responsive bidder as the interests of CITY may require. Acceptance of a contractor's proposal by CITY, at a meeting regularly called and held, authorizes CITY to enter into a contract subject to the execution by both CONTRACTOR and CITY of a written agreement evidencing said contract, and subject to CONTRACTOR providing all requirements set forth in said contract including, but not limited to, insurance and bonding requirements. CONTRACTOR is advised that CITY has up to 90 days from award of contract within which to issue the notice to proceed. INSPECTION OF SITE Bidders must examine the site and become acquainted with all conditions affecting the work. In submitting a bid, the bidder warrants that they have made such site examination as they deem necessary to determine the condition of the site, its accessibility to materials, workmen and equipment, and to determine the bidder's ability to protect existing surface and subsurface improvements. No claim for allowances—time or money— will be allowed as to such matters. CONTRACT INITIATION MEETING The date, time and location for a meeting will be established after award of the bid. A preliminary work schedule will be required at this meeting. NON-COLLUSION DECLARATION Bidder declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of CITY is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work; and that this proposal is in all respects fair and without collusion or fraud. f Non-Collusion Declaration shall be executed, and submitted with the bid. CONTRACT DOCUMENTS The complete contract documents are identified in the Agreement. Potential bidders are cautioned that the successful bidder incurs duties and obligations under all of the contract documents and that they should not merely examine the specifications or attachments in making their bid. PAGE 6 BID TERMS AND CONDITIONS/INSTRUCTION TO BIDDERS-CONTINUED CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C36850 LICENSES AND CERTIFICATIONS A bidder must have, at the time the bid is submitted, all current licenses, registrations, and certifications as are required by city, county, and state agencies sufficient to perform the work as described in the contract documents and for the work contained in his bid. This includes a joint venture formed to submit a bid. BONDS REQUIRED CONTRACTOR shall execute and submit a bid bond in the amount of ten (10%) percent of the contract amount. In addition to the bid bond, CITY requires a performance bond in the amount of one hundred (100%) percent of the contract amount. In addition to the bid bond and the performance bond CITY requires a payment bond in the amount of one hundred (100%) percent of the contract amount. All bonds must be on City's forms contained in the contract documents. Bonds required under these specifications and Civil Code sections 3247 and 3248 shall be provided by an admitted insurance company in the State of California and shall, in addition to the bond form, provide all information as follows: (1) The original, or a certified copy, of the unrevoked appointment, power of attorney, bylaws, or other instrument entitling or authorizing the person who executed the bond to do so, within ten (10) calendar days of the insurer's receipt of a request to submit the instrument. (2) A certificate from the clerk of the county in which the court or officer is located that the certificate of authority of the insurer has not been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has, that renewed authority has been granted, within ten (10) calendar days of the insurer's receipt of a request to submit the statements. RETURN OF GUARANTEE (if applicable) Bid bonds or checks of unsuccessful bidders will be returned by mail when the executed agreement and bonds are received by CITY. Bid bonds of the successful bidder will not be returned but shall be exonerated by its execution and delivery of the Agreement and the bonds. If the guarantee of the successful bidder is a check, it will be returned at the time a bid bond would be exonerated. PAGE 7 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. QUANTITY UNIT TOTAL ANNUAL BID ITEM (Gallon or COST COST Pound For bid Com arison Total for All Maintenance Activities er Contract Documents $ Total for Chlorine Acquisition 35,000 gal $ $ Total for Muriatic Acid Acquisition 4,000 gal $ $ Total for Sodium Bicarbonate 17,000 lb $ $ Acquisition Total for Calcium Chloride 2,000 lb $ $ Total for Amino Acid Digester 300 gal $ $ TOTAL BID PRICE $ PAGE 8 TOTAL AMOUNT BASE BID IN FIGURES $ TOTAL AMOUNT BASE BID IN WORDS IN WITNESS WHEREOF CONTRACTOR executed this Bid as of date set forth on Page C-1: By: Signature (must be notarized) Title: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ) On , 20 before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(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 official seal. Signature of Notary Public 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: Office Phone: Cell Phone : Fax: Bid Prepared By: Title: Signature: Date: Contact Person: Cell Phone: In supplying the following information, additional sheets may be attached if needed. Check if additional sheets are attached: ❑ Check if additional sheets are not attached: ❑ (1) Company Name and Address (2) Telephone No. (3) Type of Firm (Individual, Partnership or Corporation) (4) Corporation organized under the laws of the State of (5) Contractor's License No. Exp. Date (6) Contractor's Department of Industrial Relations Registration No. 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: (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: 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 peina rejected as non-responsive. 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: 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 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 http://www.dir.ca.gov/Public-Works.html for additional information. No bid will be accepted nor any contract entered into without proof of the Contractor's and Subcontractor's current registration with the Department of Industrial Relations to perform public work. Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations. NAME OF BIDDER: DIR REGISTRATION NUMBER: DIR REGISTRATION NUMBER EXPIRATION DATE: DIR CERTIFIED PAYROLL EMAIL ADDRESS: 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: Signature: Printed Name: Title: Dated: PAGE 13 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 $ Name Business Name Address Phone Additional information: 2 $ Name Business Name Address Phone Additional information: 3 $ Name Business Name Address Phone Additional information: 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: Title: 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 of , 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 , 2018, at , . City State By: Signature Title: CONTRACTOR PAGE 15 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, as Principal, and , as Surety, are held and firmly bound unto the City of Palm Desert in the sum of$ (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 IS SUCH, that if the certain proposal of the above bounden principal to perform certain work described as follows: PROJECT NAME PROJECT NUMBER CONTRACT NUMBER The general items of work 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 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 attorney's 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.] PAGE 16 IN WITNESS WHEREOF, we hereunto set our Hands and Seals this day of 20 Contractor's Name: Contractor's Signature: Must be Notarized Title: Address: Telephone: Surety's Name: Surety's Signature: Must be Notarized Title: Address: Telephone: 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: $ per hour $ per hour $ per hour $ per overtime hour $ 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 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 day of 2018, by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as"City,"and herein referred to as"Contractor." WITNESSETH: WHEREAS, on April 20, 2011, 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, 2012 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 xxxxxxxxxxxxxxxxxxxxxxxxxx dollars ($ xx)oxxxxxxxxxx) 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. PAGE 19 (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 Schedule; 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: PAGE 20 IF TO CITY: IF TO CONTRACTOR: 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: _ ATTEST BY: (Signature to be notarized) TITLE: TITLE: CITY: BY: ATTEST BY: TITLE: City Manager of Palm Desert, CA TITLE: City Clerk of Palm Desert, CA APPROVED AS TO CONTENT: APPROVED AS TO FORM: JOHNNY TERFER ROBERT W. HARGREAVES MANAGEMENT ANALYST CITY ATTORNEY PAGE 21 CONTRACTOR ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ) County of ) On , 20 , before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same 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 official seal. Signature of Notary Public PAGE 22 CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C36850 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to , hereinafter designated as "Principal," a contract for: CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C36850 WHEREAS, said Principal is required under the terms of said contract to furnish a good and sufficient bond for the performance of said contract: NOW THEREFORE, WE, , the Principal, and as Surety, are held and firmly bound unto the City of Palm Desert, hereinafter called City, in the penal sum of Dollars ($ ), being 100% of the contract amount in lawful money of the United States of America for the payment of which sum 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 contract or to the work to be performed thereunder or the specifications 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 contract or 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. PAGE 23 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 day of , 2018. SURETY PRINCIPAL BY: BY: INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER PAGE 24 CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C36850 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to (hereinafter designated as "Contractor"), an agreement dated and described as follows: AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION, CONTRACT NO. C36850, (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, , the undersigned Contractor, as Principal, and , a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto City of Palm Desert and to any and all persons, companies or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of Dollars ($ ), 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 PAGE 25 thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Specifications. No final settlement between Obligee and Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. Contractor and Surety agree that if Obligee is required to engage the services of an attorney in connection with the enforcement of the bond, each shall pay Obligee's reasonable attorney's fees incurred, with or without suit, in addition to the above sum. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 2018. PRINCIPAL/Contractor: SURETY: (Typed Name of Contractor) (Typed Name of Surety) By: By: (Signature) (Signature of Attorney-in-Fact) (Typed Name and Title) (Typed Name of Attorney-in-Fact) The rate of premium on this bond is $ per thousand. The total amount of premium charged: $ (the above must be filled in by corporate surety). IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: (Name, address and telephone no. of Surety) (Name, address and telephone no. of agent or representative for service of process in California, if different from above) PAGE 26 SECTION 2: SPECIFICATIONS CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C36850 GENERAL TERMS AND CONDITIONS INDEMNIFICATION CONTRACTOR agrees to indemnify CITY, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of CONTRACTOR, its agents, employees, subcontractors, or invitees provided for herein, or arising from the negligent acts or omissions of CONTRACTOR hereunder, or arising from CONTRACTOR's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of CITY, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of CITY, its officers, agents or employees, who are directly responsible to CITY, and in connection therewith: (a) CONTRACTOR will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) CONTRACTOR will promptly pay any judgment rendered against CITY, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of CONTRACTOR hereunder; and CONTRACTOR agrees to save and hold CITY, its officers, agents, and employees harmless therefrom; (c) CONTRACTOR shall maintain strict compliance with all provisions of Cal-OSHA Standards and Regulations. CONTRACTOR acknowledges and hereby agrees to be defined as the "controlling employer" at the job site. As the "controlling employer," CONTRACTOR shall take reasonable steps to ensure that all employees and subcontractors maintain compliance with Cal-OSHA Standards and Regulations. CONTRACTOR shall be responsible for all fines, penalties and judgments that result from Cal-OSHA action; (d) In the event that CITY, its officers, agents or employees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of CONTRACTOR hereunder, CONTRACTOR agrees to pay to CITY, its officers, agents or employees, any and all costs and expenses incurred by CITY, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. PAGE 1 GENERAL TERMS AND CONDITIONS — CONTINUED CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C36850 REVIEW OF CONTRACT DOCUMENTS AND JOB SITE CONTRACTOR shall carefully study and compare the contract documents with each other and with information available to CONTRACTOR and furnished by CITY and shall immediately notify the Johnny Terfehr or his designee of errors, inconsistencies and/or omissions discovered. If CONTRACTOR performs any activity knowing it involves a recognized error, inconsistency or omission in the contract documents without notice to the Johnny Terfehr or his designee, CONTRACTOR shall assume appropriate responsibility for such performance and shall assume responsibility for the full costs for correction. CONTRACTOR shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to CONTRACTOR with the contract documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to Johnny Terfehr or his designee immediately. PROTECTION OF THE PUBLIC CONTRACTOR shall use such foresight and shall take such steps and precautions as his operations make necessary to protect the public from danger or damage, or loss of life or property. Whenever, in the opinion of CITY, an emergency exists where CONTRACTOR has not taken sufficient precaution for the safety of the public or the protection of utilities or of adjacent structures or property, or if immediate action shall be considered necessary in order to protect public or private personnel or property interest, or to prevent likely loss of human life or damage on account of the operations under the contract, then and in that event, CITY may provide suitable protection to said interest by causing such work to be performed and material to be furnished as, in the opinion of CITY, may seem reasonable and necessary. The cost and expense of said labor and material together with the cost and expense of such repairs as may be deemed necessary shall be borne by CONTRACTOR. If he shall not pay said cost and expense upon presentation of the bills therefore duly certified by the Johnny Terfehr or his designee, then said cost and expense will be paid by CITY and shall thereafter be deducted from any amounts due, or which may become due, said CONTRACTOR. Failure of CONTRACTOR to take such precautionary measure shall not relieve CONTRACTOR of his full responsibility for public safety. PAGE 2 GENERAL TERMS AND CONDITIONS — CONTINUED CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C36850 Materials, equipment, and debris shall be stored so as to not create a public nuisance. No materials or equipment, nor debris shall be stored at the project site without prior written authorization. CONTRACTOR is responsible to design, construct and maintain all safety devices, equipment and vehicles and for conforming to all local, state and federal safety and health standards, laws and regulations. CITY-FURNISHED EQUIPMENT CITY will not furnish equipment for this project. COORDINATION WITH OTHER CONTRACTORS CITY expects to have one (1) or more separate contractors/utility companies working in the same area at the same time. CONTRACTOR shall coordinate and cooperate with any and all separate contractors at no additional cost to CITY. Such coordination may include, but will not be limited to, participation in regularly scheduled or special meetings with CITY, residents, and/or other contractors; sharing work and materials storage areas; scheduling work to coincide with work of another contractor and to minimize disruption to residents; and similar tasks requested by CITY. CONTRACT ASSIGNMENT CONTRACTOR shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity or any kind without the previous written consent of the City Council of the City of Palm Desert. NON-DISCRIMINATION In the performance of the terms of this contract, CONTRACTOR agrees that it will not engage in, nor will it permit its subcontractors to engage in, discrimination in the employment of persons on the basis of age, race, color, sex, national origin or ancestry, or religion. PAGE 3 GENERAL TERMS AND CONDITIONS — CONTINUED CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C36850 PERFORMANCE DEFICIENCIES AND REDUCTION IN PAYMENT CITY has specific criteria by which to evaluate the performance of CONTRACTOR on a weekly basis. If performance by CONTRACTOR is deficient, CITY reserves the right to subtract a cost from the monthly billing. Since it is difficult to quantify and assess a value to every aspect of the work, CITY shall implement a standard $100 cost per incident. The following describes deficiencies: 1. Lack of compliance to terms, conditions, and specifications. 2. Failure to provide specified reports or to falsify reports. 3. Failure to supply adequate equipment, labor or supervision. 4. Failure to repair deficiencies in the allotted time frame. 5. Failure to comply with schedules. 6. Failure to protect public health and safety. 7. Failure to provide contractor identification on vehicles or employees. If CONTRACTOR, or his representative, fails to perform in accordance with the terms and conditions of this contract, the Maintenance Services Manager will specify the reasons and locations, as applicable, in writing to CONTRACTOR. Failure by CONTRACTOR to correct any deficiencies within one week of notification will result in withholding of payment per incident. Failure by CONTRACTOR to correct any deficiencies within ten (10) days will result in a formal written warning (30-day notice) to CONTRACTOR specifying that such deficiencies must be corrected. Failure by the CONTRACTOR to correct such deficiencies within the 30-day specified time period may result in termination of this contract. In the event of termination, CITY shall be liable only for payment of those services performed and accepted by CITY prior to the date of termination; and CONTRACTOR and his surety shall be liable and assessed for any and all costs for the re-procurement of the contract services. Johnny Terfehr or his representative will perform regular inspections of all maintenance sites and will inform CONTRACTOR by telephone of urgent deficiencies for immediate attention or repair. PAGE 4 GENERAL TERMS AND CONDITIONS — CONTINUED CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C36850 INSURANCE Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City of Palm Desert that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor(s) to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor(s) has secured all insurance required under this section. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. General Liability Insurance: Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $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. Automobile Liability Insurance: Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Umbrella or Excess Liability Insurance: Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability. Such policy or policies shall include the following terms and conditions: • A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; and • Policies shall "follow form" to the underlying primary policies. • Insureds under primary policies shall also be insureds under the umbrella or excess policies. Workers' Compensation Insurance: Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City of Palm Desert, its officers, agents, employees and volunteers. PAGE 5 GENERAL TERMS AND CONDITIONS — CONTINUED CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C36850 Pollution Liability Insurance: Environmental Impairment Liability Insurance shall be written on a Contractor's Pollution Liability form, or other form acceptable to the City, providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this agreement shall be specifically scheduled on the policy as "covered operations." The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non- owned disposal sites. Products/completed operations coverage shall extend a minimum of three years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed "by or on behalf' of the insured. Policy shall contain no language that would invalidate or remove the insurer's duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City of Palm Desert, its officers, officials, employees, agents, and volunteers, shall be included as insureds under the policy. OTHER PROVISIONS OR REQUIREMENTS Insurance for Subcontractors: All subcontractors shall be included as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City of Palm Desert and the Family YMCA of the Desert as Additional Insureds to the subcontractors' policies. Contractor shall provide to City satisfactory evidence as required under Insurance Section of this Agreement. Proof of Insurance: Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. 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. Duration of Coverage: Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, his/her agents, representatives, employees or subconsultants. PAGE 6 GENERAL TERMS AND CONDITIONS — CONTINUED CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C36850 Primary/Non-Contributing: Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured. City's Rights of Enforcement: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. Acceptable Insurers: All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. Waiver of Subrogation: All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors. Enforcement of Contract Provisions (non estoppell: Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of noncompliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. Requirements Not Limiting: Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. PAGE 7 GENERAL TERMS AND CONDITIONS — CONTINUED CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C36850 Notice of Cancellation: Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten [10] day notice is required) or nonrenewal of coverage for each required coverage. Additional Insured Status: General liability, pollution liability, and automobile liability policies shall provide or be endorsed to provide that the City of Palm Desert and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Prohibition of Undisclosed Coverage Limitations: None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. Separation of Insureds: A severability of interests provision must apply for all additional insureds ensuring that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions. Pass Through Clause: Contractor agrees to ensure that its sub-consultants, sub- contractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. City's Right to Revise Specifications: The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety(90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation. Self-Insured Retentions: Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. Timely Notice of Claims: Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. PAGE 8 GENERAL TERMS AND CONDITIONS — CONTINUED CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C36850 Safety: Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and 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. Additional Insurance: Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. TIMELY EXECUTION OF AGREEMENT Time is of the essence in the execution of this agreement. The bidder to whom award is made shall execute a written agreement with City within fourteen (14) calendar days after award of contract by the City Council in order for the contract term to begin as specified in the contract documents. The agreement shall be made in the form adopted by City and incorporated in the specifications. FAILURE TO ACCEPT CONTRACT If the bidder to whom the award is made fails to enter into the contract, the award will be annulled, and an award may be made to the next lowest responsible bidder, and that bidder shall fulfill every stipulation as if it were the party to whom the first award was made. SEVERABILITY If any term, provision or condition of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. PAGE 9 SPECIFIC TERMS AND CONDITIONS CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C36850 INTRODUCTION The Palm Desert Aquatics Center(PDAC) is a state-of-the-art facility featuring a 50-meter competition pool; a recreation pool including slides, warm-up lanes, and zero-depth entry; and a children's splash feature with associated mechanical systems. The day-to-day maintenance of the Palm Desert Aquatics Center is handled by staff members employed at the PDAC. This contract is intended to cover annual chemical acquisition and monthly site visits providing technical assistance to the PDAC maintenance staff as shown in Section 3, Attachment 1. SCOPE OF SERVICES AND TERM OF CONTRACT 1. Contractor shall provide the necessary manpower and equipment to maintain the areas listed in the specified locations, at the level of maintenance and service defined by City, for a period of 12 months commencing on July 1, 2015. City has the option of twice extending the contract for an additional year(12 months), based on the performance of the Contractor and by mutual agreement. 2. Contractor shall be responsible for the maintenance program and repairs of the Palm Desert Aquatic Center. Maintains all pools to meet applicable Riverside County Health Department Standards. Inspects and maintains records on all pools and equipment. Performs preventative maintenance on mechanical, electrical and related equipment. 3. Contractor shall provide appropriate equipment and labor for the execution of all maintenance activities. City reserves the right to inspect and/or approve any equipment used in this contract. If City deems the equipment to be in disrepair or inappropriate to the task at hand, City may require that the equipment be removed from the job site and replaced with a different piece of equipment. 4. Contractor shall provide personnel fully trained in all phases of Aquatics Center Maintenance and Chemical Acquisition Activities (as defined in the attached Frequency Schedule). Contractor shall provide personnel capable of effective verbal communication with City representatives. If City deems personnel to be inadequate to accomplish the task at hand, City may require that the personnel be removed from the job site and replaced with personnel demonstrating the appropriate level of job knowledge, skills, and verbal communication to effectively accomplish the work. 5. Contractor shall remove debris caused by all maintenance activities on the same working day that such debris is accumulated unless otherwise stated. PAGE 10 SPECIFIC TERMS AND CONDITIONS - CONTINUED CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C36850 6. Perform preventive maintenance and repairs of all aspects of the Aquatics Center Mechanical System, and ensures that repairs comply with applicable specifications and procedures. 7. Maintains filter systems, inspects filter media and calculates proper flow rates; performs water quality tests, inspects fixtures for leaks, condition of equipment; conducts periodic maintenance; logs appropriate data and maintains documentation. 8. Maintains, adjusts, repairs chemical controllers to include calibration and standardization; monitors systems using remote computer and automatic pool leveling equipment, including valves, floating weirs and skimmer checks. 9. Thorough knowledge of principles, standard practices, methods, tools, materials, and techniques required and the ability to maintain and repair commercial swimming pool filtration systems, chemical pumps & control systems, heaters, ultraviolet systems, and other related equipment and structures. Contractor must demonstrate they have the skills necessary to understand methods and techniques of water sterilization, chlorination, and pH balancing; occupational hazards and standard safety practices. 10.Knowledge of and skills necessary to maintain the mechanical room controller devices, software, and remote real-time interactive computer systems to ensure trouble-free operation. 11.Knowledge and skills necessary to safely use hazardous chemicals; maintain, repair and diagnose problems relating to the entire Aquatic Center. 12.Contractor must be able to manage multiple priorities, interpret blueprints, plans, schematic drawings and manuals to determine proper operating conditions. 13.Furnish all pool chemicals related to annual operations of the Palm Desert Aquatics Center as listed below. CHEMICAL ACQUISITION Description Estimated Annual Quantity* Chlorine (see below for chemical specifications) 35,000 Gallons Muriatic Acid (see below for chemical specifications) 4,000 Gallons Sodium Bicarb 17,000 Pounds Calcium Chloride 2,000 Pounds Amino Acid Digester 300 Gallons *Quantities indicated are for estimation purposes only, actual amounts will vary based upon conditions. PAGE 11 SPECIFIC TERMS AND CONDITIONS - CONTINUED CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C36850 The following requirements shall be met by the chemical supplier: Chlorine: 1. All liquid chlorine must be delivered at a minimum strength of 12.5% by weight, and must be filtered to remove contaminants. A minimum standard of filtration will achieve the following: a. Maximum particulate size of 0.2 microns b. Less than 0.5 ppm iron c. Less than 0.05 ppm nickel d. Less than 0.05 ppm copper 2. Chlorine delivered is to be randomly tested to insure adherence to these standards. Hydrochloric (Muriatic) Acid: 1. All Hydrochloric (muriatic) acid must be delivered at 20 baume (31.45%) SPECIFIC SERVICES TO BE PERFORMED The specific services to be performed are identified on the attached matrix labeled "C36850 CONTRACT FREQUENCY SCHEDULE." All maintenance activities shall be performed per the manufacturer's specifications. Contractor is obligated to perform and uphold best practices such as are considered the industry standard when performing specific services at the Palm Desert Aquatics Center. Contractor shall perform duties to produce a clean, well-maintained appearance at the facility. Performance standards shall be subject to the approval of the Johnny Terfehr. Contractor shall be notified of complaints received by City and shall take corrective action for each valid complaint within 24 hours of notification. Contractor shall notify City after mitigation of each complaint. WATER BALANCE AND CHEMICAL PARAMETERS Follow recommended parameters to prevent electrolytic corrosion of metallic components: • pH: 7.4 to 7.6 • HRR/Cl2: 1.5+ • Cyanuric Acid: <10 PPM • Total Alkalinity (TA): 100 PPM • Calcium Hardness (CH): 600 PPM • Temperature: 80-84 Degrees F • Langlier Saturation Index: +0.5 • Ryznar Index: 6.7 PAGE 12 SPECIFIC TERMS AND CONDITIONS - CONTINUED CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C36850 LICENSE AND CERTIFICATION REQUIREMENTS Contractor shall possess all permits and licenses required to comply with city, county, state or federal laws for the work activities performed, including the use of chemicals. Contractor assumes responsibility and liability for use of all chemical controls and shall at all times perform chemical applications in accordance with governmental regulations and industry standards for their safe and appropriate use. At the time that the bid is submitted, Contractor shall possess current licensure and certification as follows, and same shall be maintained current and valid for the term of the contract: Certified Pool Operators (CPO) Certificate OR Aquatic Facilities Operators (AFO) Certificate from the National Swimming Pool Foundation, National Recreation and Parks Association, World Water Park Association, or Independent Pool Service Association. All licenses and certificates required herein, must be obtained and maintained at Contractor's expense. At the time of contract award, Contractor shall possess a current City of Palm Desert Business License. VEHICLES ON SIDEWALKS AND TURF No vehicles shall drive on sidewalks or turf without prior approval from City. SCHEDULES Contractor's work must be scheduled to be performed in consideration of the needs of the Aquatics Center. At the pre-contract start-up meeting, Contractor will present a baseline schedule of the work for the upcoming year, in a format acceptable to City. This schedule will be considered the permanent schedule. If an adjustment in the schedule needs to be made, Contractor may submit a revised schedule for approval. City will assume that Contractor will adhere to the schedule. City must receive notification of changes at least 24 hours in advance. PAGE 13 SPECIFIC TERMS AND CONDITIONS - CONTINUED CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C36850 EXTRA WORK During the course of the contract period, additional services, labor and materials beyond those specified in the contract may be required and performed on a time-and-materials basis. Materials will be reimbursed at the rate of cost plus 15%. Extra labor will be billed according to the Extra Work Pricing Schedule provided as part of this contract and submitted with Contractor's bid proposal. Contractor may notify City of the need for extra work and/or City may request extra work. City will issue a Work Request form upon which Contractor will provide estimated labor, material and/or unit price costs. Contractor must have a signed work order from the Johnny Terfehr or his designee before beginning extra work. Contractor shall provide 24-hour emergency service, with prompt correction of mitigation of emergency damage, when notified of an occurrence. An emergency that is causing a hazard to the public or property must be responded to within one (1) hour. Failure to do so may result in monetary deductions from the monthly billing. Response to emergency service shall be paid at the contract rate for extra work.Work should be limited to the level required to mitigate an emergency and further repairs shall be completed during normal working hours. Extra work will be a separate item from normal contractual duties. Contractor is expected to complete the contractual duties as specified on schedule and extra work shall not interfere with nor delay these duties. SAFETY PRACTICES AND CAL-OSHA CONTRACTOR shall comply with OSHA, Cal-OSHA, and ANSI (American National Standards Institute) standards for the type of work being performed. CONTRACTOR shall plan and conduct work in a manner safeguarding all persons from injury and shall take all precautions required by applicable regulations of the State Department of Industrial Relations. Contract staff shall wear OSHA-approved safety equipment at all times during contract work. DAMAGE TO PUBLIC OR PRIVATE PROPERTY Should any structure or property, including landscape, be damaged during permitted or contracted operations the persons conducting the work shall immediately notify the property owners or the Johnny Terfehr or his designee. Repairs to property damaged by the responsible party shall be made within 24 hours, excepting utility lines, which shall be repaired the same working day. Repairs on private property shall be made in accordance with the appropriate building code under permits issued by the City of Palm Desert. Any damage caused by the permitted or contracted persons shall be repaired or restored by them at their expense to a condition similar or equal to that existing before such damage or injury, or they shall repair such damage in a manner acceptable to CITY. Special attention is drawn to sprinkler systems on all CITY property and the need to repair damage within 24 hours. PAGE 14 SPECIFIC TERMS AND CONDITIONS - CONTINUED CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C36850 LIQUIDATED DAMAGES Time is of the essence on this maintenance contract. Should CONTRACTOR fail to perform the work on or before the time stated in the approved schedules, CONTRACTOR shall be charged by CITY as liquidated damages five hundred dollars($500.00)for each calendar day that the work is delayed. The liquidated damages amount is intended to cover expenses incurred by CITY for additional inspection, repair, and maintenance, as well as administrative costs. Any amount so charged shall be deducted by CITY from any monies which otherwise are or become payable to CONTRACTOR. In case all the work called for is not completed in all parts and to all requirements within the time specified, CITY shall have the right to grant or deny an extension of time for completion, as may be seen best to serve the interests of CITY. CONTRACTOR shall not be assessed with liquidated damages during the delay in the completion of the work caused by acts of God or of the Public Enemy, acts of the State, floods, epidemics, quarantine, restrictions, strikes, or unusually severe weather. CITY will ascertain the facts and the extent of the delay, and their findings thereon shall be final and conclusive. MEASUREMENT, INVOICING, AND PAYMENT Payment will not be made for any work that has been incorrectly or incompletely done as determined by Johnny Terfehr or his designee and contract specifications. CONTRACTOR will be responsible to correct any insufficiency prior to payment. The City of Palm Desert reserves the right to increase or decrease the amount of work as may be deemed necessary or expedient to the Maintenance Services Manager. CITY will pay CONTRACTOR within thirty (30) calendar days of receipt of a correct invoice. At the end of each month CONTRACTOR shall submit invoice(s) to CITY for contract work completed. CONTRACTOR'S regular contract invoice shall include but not necessarily be limited to: Contract number Invoice number Invoice date Location(s) and dates of service Invoices shall be submitted to City of Palm Desert Community Development Department, 73510 Fred Waring Drive, Palm Desert, CA 92260. Invoices may also be emailed to Johnny Terfehr, Management Analyst (iterfehr(a�cityofpalmdesert.orq) with the appropriate documentation. GENERAL COMPLIANCE WITH LAWS CONTRACTOR will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by CONTRACTOR, or in any way affect the performance of the contract. CONTRACTOR will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of CONTRACTOR's services with all applicable laws, ordinances, and regulations. PAGE 15 SPECIFIC TERMS AND CONDITIONS - CONTINUED CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C36850 CONTRACT INITIATION CONFERENCE A pre-contract (pre-con) initiation conference shall be conducted at the Palm Desert Public Works Department, 73-510 Fred Waring Drive, Palm Desert, California, 92260 after the award of the bid and prior to the start of the contract. The contract manager assigned by CONTRACTOR for this contract shall be present at the pre-contract meeting. At the pre-contract meeting CONTRACTOR will submit a preliminary schedule of work activities for review and approval. The discussion shall include but not be limited to: verification of orders; project supervision; on-site inspection; progress schedules and reports; payments to Contractor; safety; other anticipated issues pertinent to the project. CITY will issue the notice to proceed at the contract initiation meeting. PAGE 16 SECTION 3: ATTACHMENTS City of Palm Desert AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C36850 ATTACHMENT 1: ONE PAGE FOLLOW AS CONTRACT FREQUENCY SCHEDULE PAGE 1 Z CZ0C) C ZV' OC) C ZN t czCnm3w — ZC -C2 ZC - 0 ZC -< ❑ ZC -< rmm m Cu0com3 rinm "i � � c�no3o � � inmim5m A it � C7 n � g flC) � � _ -4rn5 - am i m m m 0 y v m 0 N r r m 0 y m m N Z a z g r. 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