HomeMy WebLinkAboutC29800 - Lagoon & Water Features Contract No. C29800
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C29800 FOR THE LAGOON AND
WATER FEATURES MAINTENANCE SERVICES TO
SOUTHWEST AQUATICS, INC., OF PALM DESERT,
CALIFORNIA, IN THE AMOUNT OF $23,870 ($26,040
PRORATED TO AN ELEVEN-MONTH TERM OF CONTRACT,
PAID MONTHLY IN THE AMOUNT OF $2,170).
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: Southwest Aquatics
P.O. Box 13212
Palm Desert, CA 92255
DATE: July 8, 2010
CONTENTS: Proposal
Agreement
Payment Bond
Performance Bond
Recommendation
By Minute Motion, award Contract No. C29800 for the Lagoon and Water
Features Maintenance Services to Southwest Aquatics, Inc., of Palm
Desert, California, in the amount of $23,870 ($26,040 prorated to an
eleven-month term of contract, paid monthly in the amount of$2,170).
Funds are available in the General Fund Account No. 110-4614-453-3370,
Repair/Maintenance Medians, and 110-4610-453-3320, Repair/Maintenance Landscape
Services.
Backs�round
This contract provides maintenance services for the Lagoon at Civic Center Park and
the two water features in the Eric Johnson Gardens at Entrada del Paseo.
Contract No.C29800
Staff Report
Lagoon and Water Feature Maintenance Services
July 8, 2010
Page 2 of 2
On June 10, 2010, the City Clerk advertised and called for bids for Lagoon and Water
Features Maintenance Services. Bids were opened and read aloud on Monday, June
21, 2010, at 3:00 p.m. with the following results:
Contrac#or Location Price
1 Southwest Aquatics Palm Desert, CA $26,040
Staff reviewed the bid documents of Southwest Aquatics, Inc., and found them to be
accurate.
Therefore, staff recommends that, by Minute Motion, City Council award Contract No.
C29800 for the Lagoon and Water Features Maintenance Services to Southwest
Aquatics, Inc., of Palm Desert, California, in the amount of $23,870 ($26,040 prorated to
an eleven-month term of contract, paid monthly in the amount of $2,170).
Fiscal Analvsis
This is an on-going maintenance activity with no fiscal impact beyond the contract
amount.
Prepared By: Departm t ad:
,'
H. pe er Kn h andscape Manager Mark Green ood, P.E.
Director of ublic Works
���.����
Paul S. Gibson, Finance Director David J. Erwin, City Attorney
C'1'�'l' �'Ol'NC[LA TI(31i' ���,NtT'�)
Approval: �a�����c�v t?��
�'� iz l�.ctE1vl�:t) t3`d�FE���
��� � . .
� - GIG
� 1�1Fi�.T�NG DATE ��c� �
J M. Wohlmuth, City Manager Ay�s: ��'�� �'�� ��'', �'�� �
+
NOES: ���
Ai3SF;NT: � -
A13STAIN: '�
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VF.[ZIFIED I31'. �
Original on File with City Clerk's Office
� ' LAGOON AND WATER FEATURES MAINTENANCE SERVICES
FOR FISCAL YEAR 2010-2011
Contract No. C29800
CONTRACTOR'S PROPOSAL
TOTAL BtD AMOUNT AND ATTESTATI�N OF BIDDER
TO: CITY CLERK
City of Paim Desert
73510 FRED WARING DRtVE �
PALM DESERT, CA 92260
The undersigned declares that he/she has carefully examined the Bid Terms and
Conditions, #he Ger�eral Tarms and Gonditions,
and the Spec�fic Term� and Conditians
accompanying the lnvitation to Bid; that he/she is thoroughly familiar with the cantents
thereof, and is auth�rized to represent the bidding firm and propose services to City of
Palm Desert. �
I� is t�nderstood that the price shawn herean includes ali routine and seasonal
maintenance described in the specificatians. For each item, the averaged one-monfh
� maintenance cost shali be indicated and the total of these costs shall be extended for
the terrim of the contract, The costs of any work shown or required in the Specifications,
but not specifi�ali�r iden#ified as a Pay item are included in the Pay Items, and no
additionaf compensation shalf be due Contractor by virtu� of ContraGfor's compliance
with the Sp�cificatians.
TOT�iL ANNUAL:AMOUNT BASE BID 1N FIGURES $ v�, 0`•10 ; oc�
TQTAL ANNUAL AMOUNT.BASE B(D iN VI/ORDS a;�r,,;�v �.',� 7"",(,0�,5,,,,4,,,,b
, ,- ,, ,,,p
� �d '` �t�0
' Addendum Acknow/etlgement
The undersigned� acknowleciges receipt of the falfowing Atlder�dum(s) to the Bid
Documents(list Atld�ndurn numbers): r�
� ' % �.... ,
Company �
�. O . ;oX 13Z!Z. ,�l,n �-,�
Address �
�o� S6� -SY 9 9' �7�0� S6� - �oI 9
Telephone Fax
�-co� �v7—"
Bid repared By Title
' �- �,��. / �lo
Signature Date
Page 8
LAGOON AND WATER FEATURES MAINTENANCE SERVICES
FOR FISCAL YEAR 2010-2011
Contract No. C29800
CONTRACTOR'S PROPOSAL, Continued
CONTRACTOR'S PROPOSAL BY BID LOCATION
ITEM DESCRIPTION PRICE PRICE
MC?NTHLY ANNUALLY
1. Civic Center Park Lagoon � ��-�,oo � o0
, I�,Oao.
2. Entrada del Paseo Natural W ater Feature � S�.S.oo � �� R� ��
3. Entrada de( Pasea Chlarinated Water Feature $ �S, p� $ � , ��{o , op
?fJTAL Must match total on previous page $ Z� �.�0�a� $Z,(�,�Oy 0 •00
CONTRAGT�R'S PROP05AL
� fXTRA W�3RK PRIC{NG SCHEQULE
Y
PERSONNEL
Position: �v6� Q�`�1Cr" � -�Z�. l�per hour
Position: �%�laof�r" $ 3S�Oper hour �
Position: ����t'`u.�r� $ /Z�.oo per hour
Position: �D��'��_ �-� •00 per hour
Position: _�Ur�_1�/lSo� $ �7S.c�o per hour
Position: $ per hour
Parts shall be reimbursed at Contractor's cost plus 15°/a.
Page 9
LAGOt)N AND WATER FEATURES MAINTENANCE SERVICES
FOR FISCAL YEAR 2010-2011
CONTRACTOR'S PROPOSAL, Continued
EDUCATION, WORK EXPERIENCE AND TECHNICAL ABILITY OF THE BIDDER
To be considered qualified to perform this contract, contractors must have adequate
qualifications and experience perForming a range of assessment, evaluation, treatment
and maintenance activities that combine to create optimai conditions in natural
biological and chlorinated water features.
A Statement of Qualifications for the princi�al scientist (aquatic bialogist or simi[ar discipline� is
required in the form of a curricufum vitae or resume at ched to the Contractor's Praposal.
Check here to indicate that the document is attached: �
The bidder is required #o state work of a similar character ta the work described in the
proposed contract that has been performed by the bidder in #he last three years. in the
space below, provide references with a contact person, address, and phone number for
verification of said work,(if applicable the Gity of Palm Desert may be listed as a
referenee).
Bidders may attach additional pages ta prouide the infarmatian required by this portion
af the propasal, if necessary.
� REF��t�lVCES
Contract Completion ,
Amount Class of Work Date Contact Person
1 $ S'6 99 Z .o� GrJk� �j �✓an�G2 _ 44l - P/' no �f" �9nrE�fl✓G-
Name
�L�.r `�✓ 1�C. �u b Business Name
_75Q0{ 1�i �'�—b--�;--_ Address
_760 - `dbZ— Z' ood Phone
2 � d W�.U� LJ�KC �y✓ n�2 �J �9 — t'!'P.A,{/�1� l�( lT�I�iN Name
�� n
� �'�-Z K G-. Business Name
�`1 LY71 (��25�RIP nT, address
_16 0 - 83�-��/8 t o Phone
3 $ --L- `t�_!�O -�C � �� _ 0 b '- PfGl}P,.1'� �0 l�l' i✓P y Name
—c�L1I1�Q- �.ki�2- Business Name
�Z�kO �TP�Ak,(G�4qi�G�Address
�h0 ` y� -q�'f$ Pho�e
Page 10
LAGOON AND WATER FEATURES MAINTENANCE SERVICES
FOR FISCAL YEAR 2010-2411
CONTRACTOR'S PROPOSAL, Continued
FINANCIAL STANDING OF THE BIDDER AND
STATEMENT�F RESOURCES FOR EXECUTION OF THE CONTRACT
The City Councii of the City of Paim Desert reserves the right to reject bids from firms
that do not demonstrate adequate financial standing to execute the terms of the
cor�tract. �
Due to the location, size/extent and maintenance requirements of the maintenance
area, bidder is required to state how it will provide the necessary maintenance and
services in the specifications. State the estima#ed manpower your company will use
each week to fulfill the contract. Include supervision and general labor sub-categories.
� v�u.•�� L1�i.1�G5��N�eGS �C�Or►� �/1 Tu- .�DG ..�� iNaNt"Icy
�-✓� ���,�.- �.�� o� 6•��i�._s�� . 5����r..�rs /.�����s ; exPe��`ser.
�jpp�/��d� � GLiv!/ 2!I /V��G.t�deLl`4' ��+-W?��' !S sfO�t '�X�'G��° �
�ret�✓��—�� �c... G'ur�. � Z�►oon� aM� ����i� G�/a�i► lea�r�s.
�,J�� �,(J /���.�e���'� ��d,��- �,`. �r�.�� �"� .Jv/.�'1�'s �d.,rfi�t�
A financial statement or other information and references sufficiently comprehensive to
permit an appraisal of your current financial condition may alsa be required by ClTY.
Page 11
LAGOON AND WATER FEATURES MAINTENANCE SERVICES
FOR FISCAL YEAR 2Q10-2011
CONTRACTOR'S PROPOSAL, Continued
BIDDER INFORMATtON
The bidder is required to supply the following information. Additional sheets may be
attached if necessary.
(1) Physical Address �/Z-Zoo SrRrE �- ����,� p�-�p �p �A q�� �`
(2) Mailing Address �0. �,oX 13Z�Z Pi41� b�.�r� , �� 9zz SS
(3) Telephone No._ (��o� 6 S - 5W 9 9
(4) Type of Firm (IndividUal, Partnership or Corporation) _�orPa�a.�;o�
�5) Corporation organized under the laws of the State of �g a;,a`��q
(6) Contractor's License No, q31o1'fi Exp. Date O�f �30� Zo(I
(7) List the names and addresses af al! OWNERs of the ftrm or names and titfes of
al! officers of the corporation;
��t S �U��T1 i P��x1��2rrf'�(�'rc'c.r�� —�it1b���f1 1�� o r
� o +��� 3 �` �'
.f). ,.iS7DX /l1�'b�3
_ ��m �Gs✓1'�, �� 92Z,.S5" �1,�'t �f��'rtT. C�i9 9Z Z 55"
(8) Number of years experience as a Contractor q
(9) Number of years experience with municipal maintenance
contracts �3
(10} QAL Certification Number /0 5"j�j�- Exp. Date_ !Z � 31 �Zo 10
(11) Local Office
Address: `f Z- o ,�re: s� v'rv��� � �P�
__ P�1M �L��.T , C��9 9 z z � �
Phone: ( �6� ) S6$ -S`l9`�
(12) Emergency Contact Person
Name: _ �ihh2i� �T�! -D�- �tfGc.� ��}r�
Phone: �7bo� �l�t3 --��q9 (?6v� 3�1�0 - �f B'68
��
Page 12
(13) List the names and addresses of each subcontractor who will perform work
related to this contract and indicate what portion of the work will be done by each
subcontractor. (If more than one subcontractor, please check the box below and
list a/l subcontractors on a separate sheet.)
❑ See Subcontractor List on Separate Sheet
Subcontractor`s Name: �Df�� —
License Number:
Address:
Telephane:
Work to be perforrrted:
(14} List the name of the person wha inspected the site of the praposed work for your
firm
(15) This.bid was prepared by:
Name (print)
Signature
Telephone
(16) Contact person:
Name (print)
Telephone
Contractor hereby swears under penalty of perjury that the information provided is true
and correct.
gy; Title:
Signature Contractor
Page 13
LAGOON AND WATER FEATURES MAINTENANCE SERVICES
FOR FISCAL YEAR 2010-2011
CONTRACTOR'S PROPOSAL
AFFIDAVIT OF NON-COLLUSION
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
STATE QF CALIFORNIA)
) SS
COUNTY OF RIVERSIDE�
�'`'`'¢'s ��� , being first duly sworn, deposes and says that he/she is
of ��r�,C,�Gs , the party making the foregaing bid; that the bid is not made in
the interest of, or on behaif af, any undisclosed person, partnerslup, cornpany, association,
arganization, or corparation; that the bid is genuine and neither collusive nor sham; that the
bidder has nt�t directly or indirectly rnduced or solicited any other bidder to put in a false ar sham
bid and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder ar
anyone else to put in a sham bid, or that anyone shall refrain froin bidding; that the bidder has
nat 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 averhead, prafit,
or cost eleulent af the l�id price, or of that of any other bidde�, or to secure any adva�ltage against
the public bndy awarding the contract of anyone interes�ed in the proposed contract; that all
statements contained in the bid are tnie, and, further, that the bidder lias not, directly ar
indirectly, subtnitted his or �er bid price, or any breakdown thereot; or the contei�ts thereof, ar
divulged information or data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, company, association, organization, bid depository, or to any member
or agent thereof to effectuate a collusive or sharn bid.
By: •�6 i �`/',ce%D Ti✓T
Signa Co actor) Title(Contractor}
Jurat Certi�cate
State of California )
County of/'� �;L.�°.a���...-f� �
)
S. bscribed and sworn to (or affirmed)before me on this �da of
��.� �
_�.�,��:.�. (monfh), ��or � tYe�')� by_��f��'/S" ;�� _, t. �
� � �
_,.-pfaved to me on the basis of satisfactory evidence to be the person who appeared befnre me.
Signature of Notary _„�'`��;'��C'�-��---�, (Seal of Not )
�tiwvK m.^vvMvw.w.n�r.rr+ttnntirr���.vxr.,}
W.QO�BS �
•- C�hJit�i.�#1?9 t359
� �'� i NOTARY PUBI.IC+CA���(7;�„�Ay�
x i26UERS{DE COUN`Ii' +
Cammission Expires FEB.24,GO i 2�
Page 14 � ��.,•�,,r
LAGOON AND WATER FEATURES MAINTENANCE SERVICES
FOR FISCAL YEAR 2010-2011
CONTRACTOR'S PROPOSAL
BID BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, as Principal,
and , as Surety, are heid and
firmly bound unta City of Palm Desert �Owner) in the sum of$ (10%
of Principal's bid), to be paid ta the said Owner or its certain attorney, its successors
and assigns; for which payment, well and truly to be made, we bind oursefves, our heirs,
executors and administrators, successors or assigns, joint{y and severaily, #irrnly by
these presents.
THE CONDITION OF THIS OBLIGATiON IS SUCH, that if the certain proposa! of the
above bounden Principai to perfarm certain work described as follaws:
I.AGOON ANQ WATER FEATURES MAINTENANCE: The general items of
work to be done hereunder consist of, but are not limited to: assessment,
treatment, and maintenance of biological and chlorinated fagoon and other water
features and their appur�enances
and dated is accepted by City of Pa)m 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 Paymen# Bond and insurance certificates as required by said contract, then
this obligation shall become nu11 and void; otherwise it shall be and remain in full force
and effect.
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 al! costs of said proceeding,
including attamey's fees, shall be awarded to the prevailing party.
(Remainder of this page has infentionally been/eft b/ank.
Signature blocks are confained on ths na�rt page]
Page 15
.�.i'f'�{>. , e � ...F��$.
760-56$-5499
PO Box 13212,Paltn Desert,CA 92255
clnlakes@Qol.com
B�r'��fc�sia�aa�� �'E-��'ifl�
A Licensed,Bonded and.Insured Professionai Lake Manager
• Aquatic Biologist � QAL#105097
� President-California Lake Management Society • Contractors Lic.G2'7#931017
• past Director-Rlorth American Lake • 15+Years e�cperience managing all
Management Saciety aspects of Desert lakes/ponds
Expertise:
• Water Quality/Consulting
• Algal/Macrophyte Species Identification/contral
� Fish Populatian Analysis/Electro-fishing
• Aeratian
• Plant Introductions
• Fish Stocking
• Lalce/Pond Design/Consulting
• Lake Construction
��b`a�r�, tiislt�e-e�
President- Desert Limnologists Inc dba Southwest Apri12Q08 to Present
Aquatics
Director/Manager Southwest Aquatics Inc. 1997 to Apri12008
�?ct�s��a�if���
B•�•B�a�flgy Northern Arizona University,Flagstaff June 1997
Az.
References available
upon request
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LAGOON ANDINAT�fi PEATURES�MA�NT�M,ANCE SERVI�ES
� . FQR �SCAI.YEJ�1�20�i0-2011 . .
. ' CONTRACTt?R'S PR�P03A�. . � � ,
� � � �tA �OND � . � .
KNoW A�L MEN BY T�tESE Pf���ENTS, . ' �
• Desert Limnologists , Inc . , � • .
17tat W8,�o e s t,,,,,Q�, a t ' c s _.__ aB' Pt"�nC�pRE,
' �nCfAmerican Sa��e.t Ca•sualt Insurance Co__, O�SpftB, a�reA etd aod
�rmly bout�d unto Clty s�#Pa1m Deser�tdwnery 1n Che sum of$ (7 d/o
� o# Pri�cipal's bid}, to be paid to the said Owner or its certaln attomey, i#s su�cessors ,
and a�signs;fflr which �ayment,well �nd truly to be msde,w��bind ourselves, our heirs,
exect,�o�s and s�ti3t�tirtis�rsfors, successors vr �a�s(gns, �ointly and severaily, fFm�y by.
these preser�ts. . .
THE'COEVt3fT#QN aF�TH15 tJBLlGATiON 1S SUCH, thafi if the certain proposal of the
abova bounden.Princlpa!to perfarm certsin wark descrlbed as foil�ows: � �
LAGObN AND WA'�ER F�ATUR�9 MA1f�T�1�ANC�: Tt�e general� ifems of �
wark• t� ,be done hereunde� cansist of, but a re r�Qt limi�ed to:� assessment, ��
� treatment, and malntenar�ce af bioiog(c�l and chlorinated lagaon and vther w�ter �
. � features and their�ppurter�ance� . , � �
and dat�d 6/�1/2 010 � i�acce�ted by City o��`alm Desert� and
. if the�bove bounden Prinaip�l D e s�e r t L i m n o 1 o g�s•t s,� 5��� �uly ent�er inha �nd
execute a confi�c�•for.such cans#ru�tion, ar�d shai�exec�#e �nd�le{9ver the Perfprmance
Band and P�yment 8ort� and.;nsuranr,e cert'rficates �s'i�quired by said cor�tra�k, #h�n
� Ifils obElgatian shai! become nuli �nd void; otherwlse lt ahafl be �Md remafn in full force
� alldQfF�Ct. '�Inc . dba Southwest Aquatics � �
. . Shauld it became neces�ary f�r Gity ta instl#tat�a�awsuit, ar any ather legal proceeding
. to en�Force the term� and tx�rtdi#io�s of t�is bon�. #han all cosks of said proceed[r�,
including attom�ey's fe�s, si�ail be avvarrled to the prc�vaiting par�y.
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CONTRACT NO. C29800
CITY OF PALM DESERT
LAGOON AND WATER FEATURES MAINTENANCE SERVICES
CONTRACT NO. C29800
AGREEMENT
THIS AGREEMENT is made and entered into in the City of Palm Desert on this g tn
day of Julv , 20 10 , by and between THE CITY OF PALM DESERT, a municipal
corporation, hereinafter referred to as "CITY," and Southwest Aquatics Inc
hereinafter referred to as "CONTRACTOR."
WITNESSETH:
WHEREAS, on June 10, 2010, CITY invited bids for Lagoon and Water Features
Maintenance Services Fiscal Year 2010-2011 per specifications; and
WHEREAS, pursuant to said invitation, CONTRACTOR submitted a bid, which was
accepted by ClTY 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 August 1, 2010, through June
30, 2011, or to such later date as mav be aareed in writina 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 Twenty Six Thousand Forty_dollars ($ 26,040.00 }, payable in the amount
of Two Thousand One Hundred Seventv ( $ 2,170.00 ) per month, in
arrears, 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) H�LD HARMLESS AND INDEMNIFICATION Contractor agrees to defend,
indemnify, and hold harmless The 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.
Page 1 of 6
CONTRACT NO.C29800
(5) INSURANCE
Contractor shall procure and maintain, at its sole cost and expense, in a form and
content satisfactory to City, during the entire term of this Agreement including any
extension thereof, the following policies of insurance:
(a) Commercial General Liability Insurance. A policy of commercial general
liability insurance written on an occurrence basis with a combined single limit of at least
$2,000,000 per occurrence, and $3,000,000 general aggregate, for bodily injury and
property damage including coverages for contractual liability, personal injury,
independent contractors, broadform property damage, products and completed
operations. The General Liability Policy shall add the City of Palm Desert as an
additional insured in accordance with the language below.
(b) Worker's Compensation Insurance. A policy of worker's compensation
insurance in such amount as will fully comply with the laws of the State of California and
which will include $1,000,000 employer's liability.
(c) Business Automobile Insurance. A policy of business automobile liability
insurance written on a per occurrence basis with a single limit liability in the amount of
$1,000,000 bodily injury and property damage. Said policy shall include coverage for
owned, non-owned, leased and hired cars.
The General Liability Policy shall be primary and non-contributing insurance or
endorsed to be primary and non-contributing insurance.
The Commercial General Liability insurance policy shall add "the City, its officers,
employees and agents" as additional insured. If the contract is with a City Agency the
Commercial General Liability insurance policy shall add "the City, the Agency, its
officers, employees and agents" as additional insured.
The insurer shall waive all rights of subrogation and contribution it may have
against City, its officers, employees and agents, and their respective insurers. In the
event any of said policies of insurance are canceled, Contractor shall, prior to the
cancellation date, submit new evidence of insurance in conformance with this Section to
City.
No work or services under this Agreement shall commence until Contractor has
provided City with (1) Certificates of Insurance and (2) Additional Insured Endorsements
that are approved by City.
In the event Contractor subcontracts any portion of the work, the contract
between Contractor and such subcontractor shall require the subcontractor to maintain
the same policies of insurance that Contractor is required to maintain pursuant to this
Section.
Page 2 of 6
CONTRACT NO. C29800
(6) AMENDMENTS Any amendment, modification, or variation from the terms of
this Agreement shall be in writing, signed by Contractor and approved by the City
Manager of the City.
(7) PERFORMANCE DEFICIENCIES AND REDUCTION IN PAYMENT
City has specific criteria by which to evaluate the performance of Contractor. 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. Failure to comply with contract specifications.
2. Failure to comply in a timely manner with contractually legitimate requests
made by City.
3. Failure to provide specified reports or falsification of reports.
4. Failure to supply adequate equipment, labor or supervision.
5. Failure to repair deficiencies in the allotted time frame.
6. Failure to comply with schedules.
7. Failure to protect public health and safety.
8. Failure to provide contractor identification on vehicles or employees.
In the event Contractor fails to perForm contractual obligations ta the satisfaction
of City, City may choose to obtain the services of a separate provider to fulfill
Contractor's obligations, and any and all associated charges shall be the
responsibility of Contractor.
(8) 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.
Page 3 of 6
CONTRACT NO. C29800
The City Council may terminate the contract with 30 days written notice for any reason.
(9) INCORPORATED BY REFERENCE The Notice Inviting Bids; Bid Terms and
Conditions; Instructions to Bidders, General Terms and Conditions; Specific Terms and
Conditions; Contractor's Proposal Submission Forms; Addendum Nos. 0 ; 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.
(10) 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.
(11) 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.
(12) AUDIT City shall have the option of inspecting and/or auditing ail records and
other written material used by Contractor in preparing its statements to City as a
condition precedent to any payment to Contractor.
(13) 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:
If to CITY: If to CONTRACTOR:
Office of the City Clerk
CITY OF PALM DESERT
73-510 Fred Waring Drive
Palm Desert, CA 92260
(14) 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.
Page 4 of 6
CONTRACT NO.C29800
(15) 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 caused this instrument to be
executed the day and year first hereinabove written.
CITY OF PALM DESERT SOUTHWEST AQUATICS, INC.
A Municipal Corporation CONTRACTOR
CINDY FINERTY, MAYOR
CtTY OF PALM DESERT, CALIFORNtA
ATTEST: APPROVED AS TO CONTENT:
RACHELLE D. KLASSEN, CITY CLERK MARK GREENWOOD, P.E.
CITY OF PALM DESERT, CALIFORNIA PUBLIC WORKS DIRECTOR
APPROVED AS TO FORM:
DAVID J. ERWIN
CITY ATTORNEY
Page5of6
CONTRACT NO. C29800
State of California }
} SS.
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)
- OPT/ ONAL -
DESCRIPTION OF ATTACHED DOCUMENT:
(TITLE OR TYPE OF DOCUMENT)
(NUMBER OF PAGES)
(DATE OF DOCUMENT)
(SIGNER(S) OTHER THAN NAMED ABOVE)
Right ThumbpriM of Signer
(OTHER INFORMATION)
Page 6 of 6
Contract No. C29800
CITY OF PALM DESERT
LAGOON AND WATER FEATURES MAINTENANCE SERVICES
CONTRACT NO. C29800
Payment Bond
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, City of Palm Desert (sometimes referred to hereinafter as "Obligee") has
awarded to Southwest Aauatics Inc (hereinafter designated as "Contractor"), an
agreement dated and described as follows: LAGOON AND
WATER FEATURES MAINTENANCE SERVICES FISCAL YEAR 2010-2011 CONTRACT
NO. C29800, (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, THEREF�RE, 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 Twentv Six Thousand Fortv Dollars ($ 26,040.00 ), said sum being not
less than one hundred percent (100%) of the total amount payable by said Obligee under
the terms of said Contract, for which payment well and truly to be made, we bind ourselves,
our heirs, executors and administrators, successors and assigns,jointly and severally, firmly
by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs,
executors, administrators, successors or assigns, or subcontractors, shall fail to pay for any
materials, provisions or other supplies, implements, machinery or power used in, upon, for
or about the perFormance of the Pubtic 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.
Page 1 of 2
Contract No. C29800
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 pertormed
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 , 20
PRINCIPAL/Contractor: SURETY:
(Typed Name of Contractor) (Typed Name of Surety)
Y
y� B :
(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 tnsurance 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).
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 2 of 2
Contract No. C29800
CITY OF PALM DESERT
LAGOON AND WATER FEATURES MAINTENANCE SERVICES
CONTRACT NO. C29800
Pertormance Bond
KNOW ALL MEN BY THESE PRESENTS: That whereas City of Palm Desert has
awarded to Southwest Aquatics Inc (hereinafter designated as "Principal"), a
contract for:
LAGOON AND WATER FEATURES MAINTENANCE SERVICES
CONTRACT NO. C29800
and 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 City of Palm Desert, hereinafter catled City, in the penal sum of
Twentv Six Thousand Fortv Dollars ($ 26.040.00 ), 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 bounden
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 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 anywise
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 specificatians.
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, shafl be awarded to the prevailing party.
Page 1 of 2
Contract No. C29800
IN WITNESS WHEREOF, identicai 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
Page2of2