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Home My WebLink AboutAwrd - C30260 - Catch Basin, Storm Drain, & Under-Sdwlk Drain Clean-out Contract No. C30260 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AWARD CONTRACT NO. C30260 FOR THE CITYWIDE CATCH BASIN, STORM DRAIN, AND UNDER-SIDEWALK DRAIN CLEAN-OUT PROJECT 2010-2011 TO ADVANCED SEWER TECHNOLOGIES IN THE AMOUNT OF $39,812 SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: Advanced Sewer Technologies 4617 Brazil Street Los Angeles, CA 90039 DATE: December 9, 2010 CONTENTS: Proposal Packet with Bid Bond Agreement with Performance and Payment Bond Forms Vicinity Map Recommendation By Minute Motion: 1. Award Contract No. C30260 for the Citywide Catch Basin, Storm Drain, and Under-Sidewalk Drain Clean-Out 2010-2011 to Advanced Sewer Technologies of Los Angeles, California, in the amount of $39,812; 2. Approve a ten-percent contingency of$3,981; 3. Appropriate $18,793 from unobligated General Fund reserves to the Storm Drain Maintenance Account, Account No. 110-4314-433-3320; and 4. Authorize the Mayor to execute the subject agreement. Funds are available for this purpose, in the amount of $25,000, in General Fund account no. 110-4314-433-3320, Storm Drain Maintenance. It should be noted that in Fiscal Year 2009-2010, the Storm Drain Maintenance account was funded at $100,000; during the subsequent midyear budgeting process, the City Manager cut that amount by half, reducing the fund to $50,000. During the budgeting Staff Report Award C30260 Catch Basin, Storm Drain, Under-Sidewalk Drain Clean-Out December 9, 2010 Page 2 of 3 process for Fiscal Year 2010-2011, the City Manager cut the allocation, again by half, to its current level of $25,000. The lowest bid exceeded the current allocation. Therefore, appropriation of $18,793 from unobligated General Fund Reserves will fully fund this contract, including the contingency amount. Backqround The City of Palm Desert has invested millions of dollars in its stormwater drainage system. Proper drainage on City streets is necessary to protect public health and safety, to prevent the deterioration of infrastructure improvements, and to promote aesthetically pleasing conditions. As a critical component of the City's overall stormwater management program, drainage facilities must be regularly inspected and cleaned. Catch basins trap sediment and other solids that might otherwise clog a storm sewer and cause flooding. The regular removal of trapped sediment and debris from these facilities reduces the incidence of foul odors, minimizes contamination in receiving waters, and satisfies some of the requirements of the City's NPDES (National Pollutant Discharge Elimination System) permit. City storm drains have historically been maintained by City Maintenance Services personnel on an as-needed basis. However, a situation-driven approach to maintaining these facilities no longer achieves the desired results and Maintenance Services staffing levels do not support performing this function at the increased level needed. Therefore, staff proposes to contract for inspection and cleaning services for drainage facilities. On November 3, 2010, the City Clerk advertised and called for bids for the Citywide Catch Basin, Storm Drain, and Under-Sidewalk Drain Clean-Out contract. The initial contract provides for the inventory and GIS mapping of all facilities; inspection, clean-out, and thorough documentation of all conditions noted on approximately 643 catch basins and 25 under-sidewalk drains; and the application of "Only Rain in the Storm Drain" markers on storm drain inlets. On November 19, 2010, the bids were opened and publicly read aloud. The results are as follows: Staff Report Award C30260 Catch Basin, Storm Drain, Under-Sidewalk Drain Clean-Out December 9, 2010 Page3of3 Contractor Location Amount Advanced Sewer Technolo ies Los An eles, CA $39,812 CleanStreet Gardena, CA $43,491 Qualit Pipe Services Denver, CO $59,745 United Storm Water Indust , CA $60,120 Dateland Construction Indio, CA $207,330 Earth Sculptures Indio, CA $347,020 Em ire Pipe Cleanin Oran e, CA $354,095 Staff reviewed the bid proposal for the lowest bidder, Advanced Sewer Technologies, and determined that all bid requirements have been met. Fiscal Analysis This is an on-going maintenance activity with no fiscal impact beyond the contract amount. Prepared By: Departme e d� ' �_�— Carlos Hernandez Mark Greenw d, P.E. Maintenance Services Manager Director of Public Works CITY COUNCILA�'i'ION APPROVF.D ✓ DF,NTED RECEIVED OTHER Paul S. Gibson, Director of Finance MF,ET G DATE — AYF,S: r val: NOCS: AI3SF,NT: f AI3STAIN: VERIFIED BY: o n M. WOhlmuth, City Manager Original on File with City k's Office CH:dhl/bl CONTRACTOR'S PROPOSAL SUBt�iSSION FORM CITYWIDE CATCH BASIN, STORM DRAIN, AND UNDER-SIDEWALK DRAIN CLEAN-4UT 2010-2011 CONTRACT NO. C30260 TO: CITY C�ERl�C CITY OF PALM DESERT 73-510 FRED WARING DRIVE PALM DESERT, CA 92260 The undersigned declares that he/she has carefully examined the Bid Te►ms and Conditions, the General Te►ms and Conditions, and the Specific Terms and Conditions accompanying the Notice Inviting Bids; that he/she is thoroughly familiar with the cantents thereof, 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 unit cost tor all facilities shall be indicated. QTY UNIT TOTAL COST COST (for bid compar�son) TOTAL FOR ALL CATCH BASIN/ STORAA DRAIN CLEAN-OUT 643 $ q,bb $ 3 � �• � TOTAL FOR ALL UNDER-SIDEVIIALK DRAIN CLEAN-OUT 25 $ �t'�� $ � 5� �� Undersigned hereby acknowledges receipt of each Addendum circled circle afl that a 1 0 1 2 3 4 5 �� . � , ..� �� n ` � S Company Name �.. , s� � � � �. �, C Company Address -. 8' �S�o- � � r � �- ��° � _� 5� �� 'l ��--SS3._ Office Phone . Cell Phone Fax C' �. � a `✓ �Iu Bid Prepared By Title , lo Sign Da e . ��°s�� W�tfC�a �'a�-��;�� - ��5�'3 � Contact Per�on Cell Phone C30260 SECTI4N 1, C4NTRACT DOGUMENTS Page 8 CONTRACTOR'S PROPOSAL SUBMISSION FOR�V! —CONTINUED CiTYWIDE CATCH BASIN, STC�RNI DRAIN, AND UNDER-SIDEWA�K DRAIN CLEAN-OUT 2010-2011 CONTRACT NO. C30260 INFORiIAATIOt� REQUIRED OF BIDDER In supplying the foliowing informatian, additionai sheets may be attached if needed. Check if additional sheets are attached: ❑ Check if additional sheets are not attached: ❑ (1) Company Name and Address 1� � � � S r ' S-t� � �003 (2) Telephone No. �S'�yS5b"'o�7a. 1 {3) Type of Firm (lndividual, Partnership or Corporation) C��Po��I"l��l (4) Corporation organized under the laws of the State af a�1��'�1 I � (5) ConVactor's License No.(�1 �O�o3� Exp. Date_ 3��j a. Contractor's License No. Exp. Date Contractor's License No. Exp. Date (6) List the names and addresses of all owners af the firm or names and titles of all afficers of the corporation: L t�C: �L d�n a�{� �C��S� U4�iYl,f 1 C�1(LP�'" T � :�n� 1M . �,,n�.1.� U�sp . ��'es��i✓t+ (7} Number of years experience as a storm drain maintenance contractor �,_ (8) Number of years experience wi#h municipal storm drain contracts 1� C30260,SEGTlC?N 1, CONTRACT DaCUME�VTS Page 9 CONTRACTOR'S PROPOSAL SUBMISSION FOR#IA -CONTI�VUED CITYWIDE CATCH BASIN, STORM DRAIN, AND UNDER-SIDEWAIK DRAIN CLEAN-OUT 2010-2011 C4NTRACT I�O. C30260 (9) List any similar projects completed within the iast five years: Contract Class of Da#e Name,Address 8 Telephone Amount Work Completed Number of OWNER 1. $'�� Sior,�, �n `T t� S',� U C�'l1��--- Cl�`ni�•' I�/o�S �- M V lCa.c�/7v�� U/L�� C:� -r/p,,'1 .'r�c15" �(�S 3 2. $�S,_,,�nv Skvt'r�prq�sy� Q�� C-� I�Q.as U �5��`�. aA Qad�CC%N i� b,�� L.�IV� I,t1c��' i�tx�t�t C�- , '�t�-37�03�3 3. $' ,�J S�'r �L, C73 a �-►�,� �3�1 ��'S - �, ✓�tr C.C-'N �t�� • go�� AUe` �r; �t a�aS�C�� c{'�t- '��i�1- 1��u�7 (10) List the names and addresses of each subcontractor who will pertorm work related ta this contract and indicate what po�#ion af the work will be done by each subcontractor. {If more than one subcontractpr, please check the bax below and list al! subcontractors on a separate sheet.) ❑ See Subcantractor �.ist on Separate Sheet Subcontractor's Name: �' License Number: Address: Telephone: Work to be perfprmed: C30264 SECTIC?N 1, CC3NTRACT DOCUMENTS Rage 10 CONTRACTC?R'S PR4Pt)SAL SUBMISSIC?N FORM - CONTINUED CITYW{DE CATCH BASIN, STORM DRAIN, AND UNDER-SIDEWALK DRAIN CL.EAN-OUT 2010-2011 CONTRACT NO. C30260 (11} List the name of the�,person who ins ected the site of the proposed work for your firm �-}�V� �..3�u�'as_ �� i��,►u�i�' � (12� CQNTRACTQR hereby swears under penalty of perjury that the information provided is true and carrect. By: � Title:_1��'�i.�"1� i ature Contractor THE AREA 1NTENTIONALLY LEFT BLANK G3�260 SECTIC}N 1, Gt7NTRAGT DOCUMENTS Page 11 CONTi2ACTOR'S PROPOSAL SUBMISSION FORM-CONTINUED CIN OF PALM DESERT CITYWIDE CATCH BASIN,STORM DRAIN,AND UNDERSIDEWALK DRAIN CLEAN-0UT 2010-2011 CONTRACT NO.C30260 AFFiDAVIT ClF NUN-COLLUSION T� BE EXECUTED BY BIDDER AN�7►SUBNtITTED WtTH BID STATE OF CALIFORNIA) ) SS COUNTY OF RIVERSIDE) �� i.ar � , being first duly sworn, deposes and says that heJshe is of ��5 the party making the foregaing bid;that the bid is not made in the interest of, or on be alf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and neither collusive nor sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid and has not directly ar indirectly colluded, conspired, connived,or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any tnanner, directly or indirectly, sought by agreement, cornmunication, 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,or to secure any advantage against the public body awazding the cantract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly ar indirectly, submitted his or her bid price, or any breakdown thereof, or the contents thereof, or diwlged information or data relarive thereto, or paid, and will not pay, any fee to any corporation, parMership, company, associarion, organizarion, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. �. BY� � �� U� u ; ignature(CONTRACTOR) Title(CONTRACTOR) � � � Jurat Certificate State of Califomia ) ) County of�,,,.1,„s ArY �.e/r.S ) Subscri d and sworn to�t��d�-before me on this day of ,� �y��/ (month), ��. (Ye�'),�Y a R �3r-P vJ �'P�IZ�/ � proved to me on the basis of satisfactory evidence to be the person�s,j who appeared before me. ..,.. ��,�� Signature of Notary �,��4 `r: :'`'i''%"�":,.�• . � (Seal of Notary) �,_ �__�___ _m�_ ��.��.��. � �.,.�- . NEIL L KLEta�i A Commfsalon� 1f63�;38 � Notary Public-Caifforn�a z los Anpeles County ' Comm.E ires Au 23,ZOi`� G3U260 SECTIQtV 1, CONTRACT DOCl1MENTS Page 12 CQNTRACTOR'S PROPOSAL SUBMISSION FOR�I - CONTINUED CITYWIDE CATCH BASIN, STORM DRAIN, AND UNDER-SIDEWALK DRAIN CLEAN-OUT 2010-2011 CONTRACT NO. C34260 EXTRA WORK PRIC{NG SCHEDULE Emeraencv Response An emergency response may be needed in the case of a major storm event where an obstruction is preventing proper drainage, causing flaod conditions on a roadway. This bid is based on one-time instances and not on bulk work. This work is bid on a "time and materials" basis. LABOR Additional Laborer $,�C�,00 per hour Additional Laborer (overtime) � �7�. �O per hour Additional Supervisor $�7;5�,Ot� per hour Additional Supervisor (overtime) $ 100•�o per hour Other Co,nnb� �,.�'1V A�,�t'uc.� �,�5,OC� per hour Other C..o�n�j o �e,,-E-�Vu� �u�.�t b� $ �S,v0 per hour T Other f'1'lo��,7�,��i an � S,oo per hour . Nlaterials will be paid at cost plus 15% mark-up. C3t�260 �ECTlCJN 1, CONTRACT DOGU�Ef�TS Page 15 ��. � . CITY OF PALM DESERT RIVERSIDE COUNTY CALiFORNIA ADDENDUM NO. 1 FOR CONTRACT NO. C30260 CITYWIDE CATCH BASIN, STORM DRAIN, AND UNDER-SIDEWALK DRAIN CLEAN-OUT 2010-201�! lIAARK GREENWOOD, P. . DIRECTOR OF PUBLIC WORKS 73-510 FRED WARING DRIVE PAL� QESERT, CALI�ORNIA 92260 ISSUED NOVEMBER 10, 2010 Ilf�P4RTANT NOTE:RECEIPT OF TH1S ADDENDU,��UST BE ACKNOWLE;DGED IN CONTRACTOR'S B/D PROPOSAL CI�`YIMIDE CATCH BASIN, STORM DRAIN, Ai�D UNDER-SIDEWALK DRAIN CLEAN-OUT 2010-2011 CONTRACT N(}. C30260 ADDENDUM NO. 1 This addendum changes the original Con#ract Documents and Specifications, for the above-named project, in the foilowing manner: • The California Contractars State Licensing Board licensing requirement for this praject is changed. Instructions to Bid Document Holders: Replace the page of the Contract Documents and Specifications packet with the attached corresponding page, as follows: 1. Replace page labeled C32060 SECTION 1, C4NTRACT DOCUMENTS Page 7 with page labeled C32060 SECTIt3N 1, C4NTRACT D(7CUMENTS Page 7 (r.1). BID TERMS AND CUNDITIONS/INSTRUCTION TO BIDDERS—CONTINUED CITYWIDE CATCH BASiN, STORAA DRAIN, AND UNDER-SIDEWALK DRAIN CLEAN-OUT 2010-2Q11 CtJNTRACT NO. C30260 LICENSES AND CERTIFICATIONS A bidder must have, at the time the bid is submitted, ali current licenses and certifications as are required by city, county, and state agencies to pertorm the work as described in the contract documents. This includes a joint venture formed to submit a bid. A State of California General Engineering Contractor Classification A license and/or any combination of "C° specialty licenses sufficient to perform the work, and a City of Palm Desert business license will be required at the time of contract award. BONDS REQUlRED 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 payment bond in the amount of one hundred (100%) percent of the contract amount. In addition to the bid bond and the payment band, CITY requires a one hundred (10U%) percent performance bond from the successful bidder. 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 follaws: (1) The original, or a certified copy, af the unrevoked appointment, power of attorney, bylaws, or other instrument entitling ar 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, �evoked, canceled, annulled, ar 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 analicable! 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 Rgreement and the bonds. If the guarantee of the successful bidder is a check, it will be retumed at the time a bid bond would be exonerated. C32�6d SECTIOtV 1, Ct?NTRACT DCICUMENTS' Page 7`(r.1) ,r'""'"'T� � �::�. . CITY OF PALM DESERT RIVERSIDE GC?UNTY CALIFORNIA ADDENDUM NO. 2 FOR CONTRACT NO. C30260 CITYWIDE CATCH BASIN, STORM DRAIN, AND UNDER-SIDEWALK DRAIN CLEAN-OUT 2010-2011 MARK GREENWOOD, P.E. DIRECTOR OF PUBLIC W4RKS 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260 (SSUED NOVEMBER 15, 2010 IMPf.?RTANT NOTE:RECEIPT OF THlS ADDENDUM MUST BE ACKNOWLEDGED !N CONTRACTOR'S B/D PROPOSAL CiTYWIDE CATCH BASIN, STORM DRAIN, AND UNDER-SIDEWALK DRAIN CLEAN-OUT 2010-2011 CtTYWlDE CATCH BASIN, STORM DRAIN, AND UNDER-SIDEWALK DRAIN CLEAN-OUT 2010-2011 CONTRACT NO. C30260 ADDENDUM N0. 2 This addendum answers written questions received for the above-named project. 1. Question: What is the city's intent for GlS accuracy in identifying the stnactures to be cleaned? Is a standard Tremble unit preferred in order to transfer data onto existing shape files, or will the contract allow a small handheld device capable of providing accuracy up to 3 meters? Answer: Refer to the Contract Documents and Specifications, Section 2 Specifications, Page 9, Scope of Work, 1.) Inventory of Facilities. Coordinates shall be based on the California Coordinate System (CCS83), Zone 6, NAD 83. Electronic data may be delivered by email, flash drive, hard drive, or on a CD. 2. Question: For the pipeline inspection, does City require a CCTV inspection using approved underground inspection equipment and industry software for the inspection and report, or is a confined space entry using a digital camera and a spreadsheet containing the pertinent facts acceptable? Answer: City is requesting the digital camera inspection and spreadsheet documentation. Digital video is also acceptable if Contractor provides the software requi�ed to view it. 3. Question: For the disposal portion of the contract, is the use of a chain-of-custody procedure utilizing an approved waste hauler to an approved disposal faciliiy acceptable? Answer: Yes. 4. Question: Is testing required only when the presence of hazardous materials is suspected, or is there additional required testing per load? Answer: Testing should be performed per industry standards and regulatory requirements. 5. Question: Will City provide a location to store roll-off bins? Answer: No, this is Contractor's responsibility. 6. Question: The Scope of Work 2.)b.) (Under-Sidewalk Drains) specifies repairing and straightening the lids and grates as necessary. What does"repair and straighten" include? Answer: These te�ms are self-explanatory. 7. Question: Have the basins ever been cleaned and, if so, when? Answer: Due to incomplete data available, it is best to assume the basins have not been cleaned. # CONTRACTOR'S PROP�SAL SIJBMiSSlON FORM-CQNTiNUED CITYWiDE CATCH 6AStN, STORRA DRAIN,AND UNQER-SIDEWALK �RA1N CLEAN•OUT 201D-201'i CClNTRACT N0. C34260 BID BOND KNt7W ALE. MEN BY THESE PRESENTS, **of the total bid amount That we, Russell-Wamer,Inc.dba Advanced Sewer Technologies 8S princip�l, and ULLICO Casualty Company , as Surety, are held and ft�mly bouild Ut1tA thE Clty Of PaEm QeSGirt ii1 thB SUt110f$Ten percent(10% ** (1 Q% of bid), ta be paid to the said Owner or its ce�#ain attamey, its successors and ass.igns; for which payment, well and truly to be made, we bind ourseives, aur heirs, executors and adm�nistrators, successors ar assigns, joinUy and seve�aily, firmty by these presents. TNE CQND1TfON dF THIS �BLIGATION IS SUCH, that if the certain praposal of ths above bounden principal to pertorm r,,�rtain work described as follows: The generaf items of wortc to be done hereunder consist of: inspect and clean out catch basins, storm drain pipes, and under sidewalk drains as described herein and as detaiied in the Contract Documents and a�! appurtenant work as required by the specificatians and appendi�es, and dated November, 2010, is accepted by the City of Palm Desert, and if khe above bounden principal R�Sseii-wamer,lnc.dba Advanced Sewer Technologies shall duly enter into and execute a contract f4r such construction, and shat! execute and deliver the PerFarmance Bond and Payment Bond and insurance certificates as required by said contract, then this obligation shali become null and vaid; otherwise it shall be and remain in ful!force and effect. Shauld it become necessary far the City to institute a lawsuit, or any other legal proceeding ta enfnrce the terms and conditions of th�s bond, then all costs of said praceeding, includin� atforney's fees, shall be awarded to the prevaiiing pa►'ty. (Renramder�jtFu.s page has inten�iurmlfv heen lefr blank SYg»ature bloc•ks are contained vn rhe next yr�ge.J C3U2�Fi(} �EGI'lE3�'J #, C+QNTf�CT��U�EMTS Pa�e 13 iN WITNESS WHEREOF, Vlte hereunto set our Mands ar�d Seals this 16th d�y �f November 2Q 10 CQ(1VaG'�Of's Name: Russell-Warner, Inc.dba Advanced Sewer Technologies Con�rac�ar's Signature: ��-�... �� T�cie: eFD Address: 24971 Avenue Stanford Valencia CA 91355 T@�G phOCl@: 661-257-9200 �UI'@'�/'s Name: ULLICO Casualty Company Surety's Signature: .� � T�t�g: Matthew J.Coats,Attorney in Fact AddfESS' 2600 West Olive Ave.,Sth Floor,Burbank,CA 91505 Telephone; 818-333-5195 �E �t��£� � � E E C�0�6q S€C'�i4N �, C�NTRA�T I74�UME�TS Page 94 . s - �,��`��y i � i ; cALTFor�v� ; ; ALL-PURP4SE ACI�:N�WLEDGEMENT '%, , � ,, , � ; % ; State of California � ; County of Orange i i N�V � 6 20�0 Adelaide C. Hunter, Nota Public � � �n before me, ��rt name and ti$e of the officer) � � personally appeared Matthew J. Coats , � � who proved to me on the basis of satisfactory evidence to be the person(s�whose name f s}is/are j % same in hi ts�4ierftheir authorized cat an�d ackno��to��t��ex�o �e i / P �3'f�� b3' % instrument�e person{s�,or the entity upon behalf of which the person(a�acted,executed the % / � � I c ' under PENALTY OF PERJURY under the laws of the State of California that the % � �Y ♦ � foregoing paragraph is true and correct. ' • j � % % WI'I'NESS my hand and official seal. j � aoE�aiaf c.Hu►aTEA � � Commission� 1808793 j / _ -�s V Notary PubNc-•California � / % � jSignature � f ' ' My Commr Ex i es Auy 8,2012 � % � / � % ��\��\��\\��\��\��\\\��\\��\\��\�\��\��\��\��\\��\�\��\\�� y ' ULLICt7 Gasualty ComP�Y 1625 Eye Strca,N.W Washington D�'.20006 Power of Attorney KNOW qi,L PERSONS BY TI�SE PRESENfS: 'Ihat ULLICO CASUALTY�OMPANY(lhe C`ort�pany),a corporalia�organized and exis[ing unda the laws of the St�e of Delaw�e,does hercby constiWte and appoint:Ianda D.�oats,Matthew J,Gonts,i7ouglas q.Rapp,�Timothy D.Rapp of Liada D. Coats Surety Insuraoce Services,Inc. Its we and Iswflil Attomey(s)in fact with f�ll authority to�xecute on its behaif bonds,undertakings,recognizances and otha contraas of indemnity and writings obligatory in the nekue thaeof.issued in tho course of its business and to bind the Company thaeby,in an emount not W excad$S,OOQ,000.00. 'Ihis Power of Attomey is granted and is sig►ed and sealed by facsimile under and by thc a�thority of thc following Resolutlon adoptal by the Board of D"vxtas af ULLICO CastialtyCompany at a mating c�ty called the I Sth c�y of July.2009. RESOLVED: 'hial the Board of Directors hveby suthaizes the Preadcu or any Vice Presidrnt of the Company to: p) Appoint Attomey(s}in Fad and euthorize the Attaney(s)in Fact to execute on brhaif of ihe Canpeny bonds and undvtekings, cmvects of indannity and othc writings obliguory in the nature thaeof and to auach the scal of the Company thaeto,and(2)to rtmove,at any time,atry such Acromry-in-Fact and rovoke the sutborityglvrn. Md be it FURTF�R RESOLYED: 7t�at the signawres of such offiars�d the seal of the Comp�y may be affixal to any svch Power of Auomey or certificata rdating thaUo by facsimile,and any svch Powu of Auomey so ocecuted and cctitied by facsimile sgnetures and facsimile seai shall be valid and bidu�g up�the Company tn the future with the re.�ct to any bond or undataking to which it is ettachcd, IN TESTIINiJNY WHEREOF, ULL[CO CASUAL7'1'COMPAIVY has caused tttis instrumait to be signed md its corporate sea!to be affixed by its suthorizedoffice this 16th dayof November 20 10 . ti�i1!4 t i J!1/!� �---�y, �,��44�U 8 jr�/j�,�� f �:�0;��O v �'t =�'r S£A� '�= �e w�._ . _..., _ . �,Jj,:+�'797&! ��„ siri�rrr,.. �•J 1 i„"`�'=,��+I�Mf+. 'r,�� Danici Aronowi[t r��f�'�l!I�i r tt��'ti`� Presidrnt ULLICO Casualty�'cunpany,a Ddaware Co►pwation. On this 16di GaV�f July 2009,b�fore mo ceme the individual who executed the preceding instrumrnt,W me personally known,and being by me duty swom said that he is ihe�haein describcQ and suthorized officer of the IJLLICO CASUALTY COMPANY;that the seal a@ixed to said�nswmart is the Cotpaate seal of said Company,that the satd Capotate Seal and his signariue wat duly�xed� ,, . � , , • �" . : � � � : � = x x, „,�;�C.�.��..a��,�...�pr ��,....�� . � lt�t�t�ry f'�tbltc �_...�.�„ ,,,�,� CA7HERINE M.OBRIEN NOTARY PUBl.IC 3TATE OF MARYLANf! MONTC30�[ERY COUNTY MY COMMISSION EXPlRES JANUARY 29,20t2 CER7IFlCATE I,Trresa E.Valmtine,Srnior Vica Prcsident,Gencai Counsel and Secretary of ULLICO Casualty C'omparty,do haby catify thaL the foregoing resolution of the Board of D'vectors and this Powa of Attomry issued pursu�t thveco on ihis 16th day of July 2009 ate true and correct and are still in fLll furce and elTta.I do furtha catii`ythat thst Daniel Monowitz,who exeated the Powu of Attomry as Presidmt,was on the date of execution of the suachedPower of Attomey the duly dected Presidad of[TLLICO C'�svalty Company. In Testimony Whceaf I have subspibed my nama and a@'ixed the facsimilc scal of each Company this 16`"day of July 20t19, m�.-�-°— e, �__ ,.�'��.��.. ,�:,.c,�.�`_�.�- Teresa E.Valastino � � �— Srnior Vice Presidrnt,Grnca1 Counsel&Saretery tJI.LI40 C'asualty C"amP�Y NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA } COUNTY OF,��c (�tn/ 9�e.fe 5 ) � �; �� ,�:�� : On /I � `� /1 C) before me �'�� "`� a , a Notary Public, personally appeared -,a f� � n G�� ,who proved to me on the basis of satisfactory ev dence to be the person'�s)whose name�s}is(�e subscribed to the within instrument and acknowledged to me that he/,�/ft�y executed the same in hislt"�r/fh�ir authorized capacity�s), and that by his/P1�r/ti'�ir signature�'S,} on the instrument the person�, or the entity�s) 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 forgoing paragraph is true and correct. WITNESS my hand and official seal. �Il,�,1q,E, Comn�slon I 178�38 -�-�` ,,u Natuy Publlc-CC�NNIo►nl� Signature ,�°a�,�,.� °��,��tia-- � (SEAL) �os Angeles Cowny � �--�--�- - �-,� _..__�_ _ � 1� Comm. Ins Au 23,2011 �'��i�� „ .�. CITYWIDE CATCH BASIN, STORM DRAIN, AND UNDER-SIDEWALK DRAIN CLEAN-OUT 2010-2011 CONTRACT NO. C30260 AGREEMENT THIS AGREEMENT is made and entered into in the City of Palm Desert on this 9fh day of December, 2010, by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "City," and ADVANCED SEWER TECHNOLOGIES, herein referred to as "Contractor." WITNESSETH: WHEREAS, on November 3, 2010, City invited bids for drainage facility inspection and clean- out; 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, 2011, 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 Thirty- nine thousand eight hundred twelve dollars ($39,812.00) 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. C30260 (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. 1 and 2; 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: C30260 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: By: Title: Printed name (Signature (to be notarized) FOR CITY BY: ATTEST: CINDY FINERTY RACHELLE D. KLASSEN MAYOR CITY CLERK Palm Desert, California Palm Desert, California APPROVED AS TO CONTENT: APPROVED AS TO FORM: MARK GREENWOOD, P.E. DAVID J. ERWIN DIRECTOR OF PUBLIC WORKS CITY ATTORNEY C30260 State of California ) ) County of ) On 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 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) C30260 POST-AWARD DOCUMENTS CITYWIDE CATCH BASIN, STORM DRAIN, AND UNDER-SIDEWALK DRAIN CLEAN-OUT 2010-2011 CONTRACT NO. C30260 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 CITYWIDE CATCH BASIN, STORM DRAIN, AND UNDER-SIDEWALK DRAIN CLEAN-OUT 2010-2011 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. C30260 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 , 20 SURETY PRINCIPAL BY: BY: INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER C30260 POST-AWARD DOCUMENTS CITYWIDE CATCH BASIN, STORM DRAIN, AND UNDER-SIDEWALK DRAIN CLEAN-OUT 2010-2011 CONTRACT NO. C30260 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to (hereinafter designated as "Contractor"), an agreement dated described as follows: CITYWIDE CATCH BASIN, STORM DRAIN, AND UNDER-SIDEWALK DRAIN CLEAN-OUT, CONTRACT NO. C30260 (hereina$er referred to as the "Contract"); and WHEREAS, said Contractor is required to furnish a bond in connection with said Contract, and pursuant to Section 3247 of the California Civil Code; NOW, THEREFORE, we, , the undersigned Contractor, as Principal, and , a corporation arganized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Palm Desert and to any and all persons, companies or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the�sum of Dollars ($ ), 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 Contractar 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. � C30260 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 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 , 2010. 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 lnsurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California lnsurance 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). 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) C30260 ti� HyTq�F F pINAH�SNOREi R �0 � �* K O £ GERAL040*DjOR �I i a p Y ��Rsx 0 8 9rFhy1 � 'o FflRNM�51NpTRR�Dfl F,�R�1NN�$INAiRAOIiP-� l qyqR S�"R ' a�p � * i • * ` couyrarciue�o W * W couxrArccu'a�ok * a c o—nov e`r�ce�w�of o a s #Rk � o ¢ u a � O e �-' HOVLEYfLN�E 0 * MOVLEY-LN�E � � � ,; MAGNESI�FAL'LSO N * �' :¢ PAFH-VIEWOR-TW � 2� O * � �¢ Q Q > p O Y� Y )i O �¢ 2 * ; '�pCIf00.N�P � ay� 6 g-�'-l�.<�FFEOTWARING�DR FPE��WFRING�D * O ��W p V� .�k i a *o �o #" xWvltt EL.}SEO 1ft * 3MOlINTpIN�N y* O y lf yP * .Q fqIRWAT�H \ i GRAPEVMPSF��IYO F � O � * �YST�CvyRU� yy * �� 1! � * � MES�,W,�R�vp00.:,*ObPP 1 �04p�D f ALM DESERT ��\ `� -�� CATCH BASINS �� `— o � , � �� DATE; r- �, �c�""'P�° 10/2010 VIQNITYMAP