The URL can be used to link to this page

Home My WebLink AboutC32720 - Lagoon-Wtr Features Maint Svcs Contract No. C32720 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AWARD CONTRACT NO. C32720 FOR THE LAGOON AND WATER FEATURES MAINTENANCE SERVICES TO DESERT LIMNOLOGISTS INC DBA SOUTHWEST AQUATICS, PALM DESERT, CALIFORNIA, IN THE AMOUNT OF $55,192 FOR A TWO-YEAR CONTRACT SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: Desert Limnologists Inc dba Southwest Aquatics P.O. Box 13212 Palm Desert, CA 92255 DATE: June 13, 2013 CONTENTS: Proposal Agreement Payment Bond Performance Bond Recommendation By Minute Motion, award Contract No. C32720 for the Lagoon and Water Features Maintenance Services to Desert Limnologists Inc dba Southwest Aquatics, Palm Desert, California, in the amount of$55,192 for a two-year contract. Funds are available in the General Fund Account No. 110-4614-453-3325, Repair/Maintenance Medians, and 110-4610-453-3320, Repair/Maintenance Landscape Services. Backqround This contract provides regular maintenance services for the Lagoon at Civic Center Park and the two water features in the Eric Johnson Gardens at Entrada del Paseo. Staff Report Lagoon and Water Feature Maintenance Services Contract No. C32730 Page 2 of 2 June 13, 2013 On May 3, 2013, the City Clerk advertised and called for bids for Lagoon and Water Features Maintenance Services. Bids were opened and read aloud on May 21, 2013, with the following results: Contractor Location Contract Price Diversified Waterscapes Laguna Niguel, CA $52,728 Southwest Aquatics Palm Desert, CA $55,192 Staff reviewed the bid documents of both bidders and determined that although Diversified Waterscapes presented the low bid, they did not include a biologist either on staff or as a subcontractor as required in the contract specifications. Therefore, their bid has been deemed nonresponsive, and staff recommends award of contract to Southwest Aquatics. Southwest Aquatics is a Palm Desert company and has performed the lagoon and water feature maintenance services for the City for the last three years. Staff is confident that they will continue to provide satisfactory service. Fiscal Analvsis This is an on-going maintenance activity with no fiscal impact beyond the contract amount. Prepared By: Depart e H ad: /�°�- H. S cer ht, Landscape Manager Mark Gr n ood, P.E. Director of P blic Works CITY COUNCiLA�I4N APPROVED DENtE'D Paul S. Gibson, Finance Director RECEIVED OTHER , MEET l� � AYES: oval: NOES: ABSENT: ABSTAIN: n VERIFIED BY: J hn M. Wohlmuth, City Manager Original on File with Ci lerk's Office FOR FISCAL YEARS 2013-2015 ' Contract Na. C32730 CONTRACTOR'S PR(3POSAL TOTAi. BID AM�UNT AND ATTESTATtON QF BIDDER TO: CITY CLERK City of Palm Desert 73510 FRED WARING DRIVE PALAA DESERT, CA 92260 The undersigned declares that he/she has carefully examined the Bid Terms and Cond�tions, the Generai Terms and Canditions, and the Specific Terms and Conditions accompanying the Invitation to Bid; that he/she is thoroughly familiar with the contents thereof, and is authorized to represent the bidding firm and propose services to Ciry of Palm Desert. It is understood that the price shown hereon includes all routine and seasonal maintenance described in the specifications. For each item, the averaged one-month maintenance cost shall be indicated and the tota! of these costs shall be extended for the term of the contract. The costs of any work shown or required in the Specifications, but not specifically identified as a Pay Item are inctuded in the Pay ltems, and no additional compensation shall be due Contractor by virtue of Contractar's compliance with the Specifications. TOTAL CONTRACT AMC?UNT BASE BID IN FIGURES $ 55,192 .00 TOTAL CONTRACT AMOUNT BASE BID IN WORDS FIF1Y FIVE THOUSAND ONE HUNDRED NINETY TWO DC?LLARS AND NO CENTS Addendum Acknow/edgement The undersigned acknowledges receipt of the following Addendum(s} to the Bid Documents (list Addendum numbers): DESERT LIMNOLOGISTS INC DBA SOUTHWEST AQUATICS Company PO 80X 13212 Address �760 � 568-5499 � 76Q � 568-4019 Telephone Fax Chris Beaty President Bid Prepared By Title �� May 8, 2013 Signature Date Page 8 CONTRACTOR'S PROPOSAL CONT/N!/ED ON NEXT PAGE ` LAGUON AND WATER FEATURES MAINTENANCE SERVICES ` FOR FISCAL YEARS 2013-2015 Contract No. C32730 CONTRACTOR'S PROPOSAL, Continued CONTRACTOR'S PROPOSAI BY BiD LOCATION TOTAL ITEM DESCRIPTION PRICE CONTRACT � MONTHL PRICE ; 1. Civic Center Park lagoon $ �,724.75 $ 41,394.00 2. Entrada del Paseo Natural Water Feature $ $ 287.4& fi,899.00 3. Entrada del Paseo Chlorinated Water Feature $ $ 2s7.as 6,899.00 TQTAL Must rnatch tatal on previous page $ $ 2,2ss.s� 55,192.00 CONTRACTOR'S PROPOSAL EXTRA WORK PRICING SCHEDULE PERSONNEL Position: SCUBA DiVER � 325.00 per hour Position: �`BORER $ 35.00 �er hour ELECTRICIAN 125.00 er hour Position: � P Position: BfOLOGlST � 125.00 �er hour Position: SUPERVISOR � 75.00 per hour Position: � per hour Parts shall be reimbursed at Contractor's cost plus 15%. Page 9 LAGOON AND WATER FEATURES MAINTENANCE SERVICES ' FQR FISCAL YEARS 2013-2015 CONTRACTOR'S PROPOSAL, Continued EDUCATtON, WORK EXPERIENCE AND TECHNICAL ABILITY OF THE BIDDER To be considered qualffied 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 optimal conditions in natural biological and chlorinated water features. A Statement of Qualificatians for the principal scientist (aquatic biologist or simflar discipline) is required in the form of a curritulum vitae or resume attached to the Contractor's Proposal. Check he�e to indicate that the document is attached: � The bidder is required to state work of a similar character to the work described in the proposed contract that has been performed by the bidder in the last three years. (n the space below, provide references with a contact person, address, and phone number for verification of said work (if appl'+cable the City of Palm Desert may be listed as a reference). Bidders may attach additional pages to provide the information required by this portion of the proposal, if necessary. REFERENCES Contract Completian Amount Ctass of Work Date Contact Person 1 $ $55,092.00 tAKE MAINTENANCE 2004-PRESENT LANE STAVE Name THE VINTAGE CLUB gusiness Name 75-001 VINTAGE DR. address 760$62-2000 Phone I — 2 $ $60,000.00 LAKE MAINTENANCE 1999-PRESENT FELIX MILWARD Name THE RESERVE Bus�ness Name 74-OQ1 RESERVE DR. Address 760-837-4810 Phone 3 $ $34,800.00 LAKE MAINTENAiVCE 2006-PRESENT ED MARTINEZ ntame STONE EAGLE Business Name 72-450 STONE EAGLE DR. nddress 760-404-9175 phone Page i 0 ` LAGOON AND WATER FEATURES MAINTENANCE SERYlCES a FOR FISCAL YEARS 2013-2015 CONTRACTOR'S PROPOSAL, Continued FINANCIAI STANDING OF THE BIDDER AND STATEMENT OF RESt)URCES FOR EXECUTI�N OF THE CONTRAGT The City Council of trie 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 contract. Due to the location, sizelextent 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 estimated manpower your company will use each week to fulfili the contract. lnclude supervision and general labor sub-catego�ies. Southwest Aquatics guarantees satisfaction. For the past six years we have used our biologists, supervisors, laborers, expertise, tools, equipment and all necessary chemicals for maintenance of the Civic Center Lagoon and Entrada de Paseo Water Features successfully. We will continue to improve this program in order to fulfill this contract. A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may also be required by C{TY. Page 11 ��.:�� .p>-?.�� - _��>_� �:- ?60-56&5499 —.__ -�---�- .�..� PO Box 132 l2,Palm Desert,CA 92255 clnlakes@aol.com ��r°c�fi.sa�s��ax�l �'a�ra�3� A Licensed,Bor�ded and Insured Professional Lake Manager • Aquatic Biologist * QAL#105097 • President-California Lake Management Society +� Contractors Lic.C-27#93101? • Past Director-North American Lake � I5+Yesrs experience managing all Management Society aspects of Desert lakes/ponds �xpertise: • Water Quality/Consulting � Algal/Macrophyte Species Identificationkontrol ' • Fish Population Analysis/Electro-fishing � Aeration • Plant Introductions • Fish Stocking + Lake/Pond Design/Cons�lting • Lake Constcvction i�t�a•� Elis�rsa~�� President- Desert Limnologists Inc dba Southwest Apri!2008 to Present Aquatics Director/Maoager Sa�thwest Aquatics Inc. 1997 to April 2008 �;c��c:�iis��> B.S.Biology Northem Arizona University,Flags�ff June 1997 Az. Refereoces avaifable upoa reqaest. �AGOON AND WATER FEATURES MAINTENANCE SERVICES FOR FISCAL YEARS 2013-2015 CQNTRACTOR'S PR�POSAL, Continued BIDDER INFORIIAATIf3N The bidder is required to suppiy the following informa#ion. Additional sheets may be attached if necessary. (�) Physical Address 42-200 State St. Ste A-10 Palm Desert, CA 92211 (2) Mailing Address PO Box 13212 Pafm Desert, CA 92255 (3) Telephone No. 760-568-5499 (4) Type of Firm (Individual, Partnership or Corporation) COI'pOratiOtl (5) Corporation organized under the laws of the State of �allfOt"t1i8 (6) Contractor's �icense No. 931017 Exp. Date 4/30/2015 (7) List the names and addresses of all OWNERs of the firm or names and titles of ail officers of the corporation: Chris Beaty, President/Treasurer At1dt'28t18 B@aty, Secretary P� Box 10883 PO Box 10883 Palm Desert, CA 92255 Palm Desert, CA 92255 (8) Number of years experience as a Contractor �2 (9) Number of years experience with municipal maintenance contracts 15 (�0) �AL Certification Number 105097 Exp. Date 12/31/2014 (11) Local Qffice Address: 42-200 State St. Ste. A-10 Palm Desert, CA 92211 Phone: L760 L 568-5499 (12) Emergency Contact Person Name: Checkmate or Chris Beaty Phone: 760-346-4868 760-272-7450 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 wiH be done by each subcontractor. (If more than one subcontractor, please check the box below and tist all subcontractors on a separate sheet.) ❑ See Subcontractor List on Separate Sheet Subcontractor's Name: NONE License Number: Address: Telephone: Work to be performed: (14) List the name of the person who inspected the site of the proposed work for your firm ��s��S ��nl O,QEstD�iYT (15) This bid was prepared by: Name {print) G'�`s �RT`t Signature � . Telephone . `7 o z�2 -1 � (16) Contact person: �� .��?� Name (print) Telephone ��bol �'�.--'7�l5 c3 Contractor hereby swears under penalty of perjury that the information provided is true and correct. "•�� Title: �LS�D�^�� Signa u ` Contractor Page 13 U U U U U p O O O O O � �� Z � . . . � �� rn rn v� �%� m W � !,�,^�,,m (V QpSp �+�' � crn� �� G N �a �'"' O \ w�r� �� M : O� m� � � c� U��z � �"�,�� wd � a a►-i o naD ¢Z 2� M "� - N . �F s. F a O � �+ ��.. o t •� �,�. o �� o �. ! `�� M " N :s�\ �%: � ,, � �= f r-I �;� � o � � �� N � l0 � � � � *" � . U � v1 r� " A � � � m F' � E � ;�G�G � U � � � � � �O H > � � AU m � �° �n � Uz� H m O � � � ��cp O � � �g� o ��W � �loN «yE LL .� ��.,� n Ei � � H�a� �� V r `�N� H a�� a ° �U� �CON W �H�r �� O W c� A E+RC fs7 U]a'd+ tl�Ei Ul t m e Wcl�W �� - � A �°' o � o � �o� m;� "' a z ON� ""� C a g o v��ra �� Z °' N�m , � N N N �€N ` 2 2 Z ��`o _ ` m m m h=�a�i „ � State 4f Calitania �CONTRACTORS STATE LICENSE BOARD '� � �� ' ACTIVE LICENSE A1Wn � �...� 931017 �CORP �«,� DESERT LIMOLOGISTS INC DBA SOUTHWEST AQUATICS ,._.,�,,.,, c2� ,,rt�, E,....�d.. p4/30/2015 www.csib.ca.gov ' � . � DEPAAThIENTOFYESTICmBRBGULATfON � � LICENSING/CER77FICAT#ON PROGRAM , ' Q�JALIRIEDAPPLICATORLICL+NSE DATE OR ISSIIE . VALID THItO(1GH 01/01l'2013 12/31I2014 c�nt,. �asos7 F CHRISTOPHER P BEATY PO BOX 13212 pALM DESERT CA 92255 , " ' j' � II PEST CONTROL BUSINESS COUNTY REGISTRATION_ srnreoFcu.iFoaNiA DEPAItTMENT OF PESTICIDE REGULATION ��,r...--^" pEST MANAGEMENT/WD UCENSING BRANCH r O/ .� _j��/� REGISTRATION EXPIRATION DATE:DECEMBER 3I,�(13 � '� BUSINESS LOCATION E � lC.ERPt TION DATE _ FOR REGlSTRATION M COUM'Y OF. r= RIVERSIDE M;,;� sruncH QN. o r � � � CA 5 .pHON M. 'r S NAME. BUS.lIC A:... '�p�.. .µRFCc .Q .!�,`�G f3 ��-, �.ry sT.+re ZIP CODE AD°'�5 PEST CONTROL CARD fNfORMATION AREA 1 (ATTACH COPY OF PfST COMROL BUStNESS LICENSE C17Y: y STATfl�. Z�p� REGISTRATION FEE RECEIVED$�-� �,,, ,,,Dn�ss � • '- ' ACRICULTURAL COMMISSIONER � � !� l COUNTY OF RIVERSIDE U o� 4080 LEMON STREET,ROOM 19 CON ITION(S ATTACHED PO BOX 1089 R�^��L0^ s)Possession Permit No. No itesuival Muuid may be poumed ezeep�in�eeordance with any Y� NO RiVERSIDE,CA 92502-1089 �wehed eond'nion(s) Thi�is noi�permi�to apply 1CULTltRAL CO MIS510NER'S SIGNAT DATE It�RIMING COVM'Y'S OFFICIAL SEAL ` . *PLEASE FILL OUT BOTH REGISTRATION FO S ND SUB H FEES COPY OF FORM WILL BE MAILED BACK WITH YOUR RECEIPT* County of Riverside Agricultural Depart 11/16/2012 Date Type Reference Original Amt. 8alance Due Discount Payment 11/16/2012 Bi{I Renewa12013 60.00 60.00 60.00 Check Amount 60.00 ,, First Bank of Palm De 60.00 PRODUGT SSLT101 USE NR►F197883 ENVELOPE PRINTED IN U.S.A. A ��' � ' First Bank of Palm De � 60.00 PRODUCT SSLT1 W USE Wfi}i 91663 ENVELOPE PRINTED IN U.SA. � LAGOON AND WATER FEATURES AAAINTENANCE SERVICES FOR FISCAL YEARS 2013-2015 CONTRACTOR'S PROPOSAL NON-COLLUSfON DECLARATI�N To Be Executed by Bidder(s) and Submitted with Bid The undersigned deciares: I am the PRESIDENT OAESERT LIMNOIOGISTS INC dba SOUTHWEST AQUA;ICS t�@ T party making the foregoing Bid. The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, associatian, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder(s) has not directly or indirectly induced or solicited any other Bidder(s) to put in a faise or sham Bid. The Bidder(s) has not directly or indirectly colluded, conspired, connived, or agreed wi#h any Bidder(s) or anyone else to put in a sham Bid, or to refrain from proposing. The Bidder(s) has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of #he Bidder(s) or any other Bidder(s), or to fix any overheadi profit, or cost element of the Bid price, or of #hat of any other Bidder{s). All statements contained in the Bid are true. The Bidder(s) 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 an behalf of a Bidder(s) that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has fuH power to execute, and does execute, this declaratian on behalf of the Bidder(s). i declare under penalty of perjury under the laws of the State of Califomia that the foregoing is true and correct and that this declaration is executed on naAY ��j , �p 13� at PALM DESERT CA City State By: � CHRIS BEATY Signat Printed Name Page 14 LAGOON AND WATER FEATURES�AlNTENANC�SERVICES POR FI$CAL.YEARS 2013•2015 CONTRACTOR'S PROP4SAl. BID B�ND � KNOW ALL MEN BYTHESE PRESENTS, Desert Limnologists Inc dba Southwest Aquatics That we, as Principat, and �►merican Safetv Casualtv Insurance CQ�s SUCety, are he�d and firmly bound unto City of Palrn Desert (Owner)in the sum of$ l0% of Bid Am(qpq, of Principai's bid}, to be paid to the said Owner or its certain attamey, its successors and assigns;for which payment,weA and trufy 10 be made,we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these preserrts. THE CO�EDITtON OF TH1S OBLIGATION IS SUCH, that if the certain proposa! of the above hounden Principal to perform certain work described as fotlows: lAGOON AND WATER FEATURES AAAINTEPIANC�: The genera� items of work to be done hereunder consist of, but are �ot limited to: assessment, treatment, and maintenance of biological and Chtorinated lagoon and other water features and their appurtenances and dated 5/21/2013 is accepted by City of Palm Desert, and if the above bounden PrincipalD e s e r t L i m n o 1 o g i s t s_ Tshall duly enter into and execute a contract for such constructlon, and shaii execute and deliver the Performance Bond and Payment Bond and insurance certificates as required by said contract, then this obligation shall becorne null and void; otherwise it shall be and remain in full force and effeCt. Tlnc dba Southwest Aquatics Should it became necessary for City to institute a tawsuit, or any other legal proceeding to enforce the terms and conditions af this bond, then ail costs of said proceeding, including attomey's faes, shall be awarded to the prevaiiing party. (RemaJnder o!thls page has in�enttonaUy been left blank. Slgnature bloCks are contalned w+the next pageJ Page 15 .. _ ...�---- .. _.� ._..,_r . . ...��:_. �,__... w..._ ,. _ . _,_._.__ -- . ��, .�_ p �: £: . , _ � � �M � ...� ,..._ . � .. .0 . ..,�. _�.� .. .� , . r IN WfTNESS WHEREOF,We hereunto set our Hands and Seals this 1 S t h day of May 2p 13 Contractor'sName: Desert Limnologists, Inc. dba Southwest Aquatics Contractor's Signature: �---�"�--'� � Title: P�.�S�DE�"'r Adrlress: P. 0. Box 13212 , Palm Desert , CA 82255 7elephone: 760-568-5499 Surety's Name: Ameri Sa y Casualty Insurance Company Surety's Signature: Title: Attor y-In-Fact Address: 2390I Calabasas Rd . , #1085, Calabasas, CA 91302 Telephone: g2$--449-31I0 Pago t6 ��.. ., _ . � .a.._��..� ._.�. _ ___..� �: a� STATE OF Arizona SS. COUNTY OF Maricopa On May 15,2013 , before me, �aren A. Marx PERSONALLY APPEARED David Broome personally known to me (or 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) •�-�-r—� on the instrument the person(s), or the entity upon behalf r., 1AREN A. MARX Notary Public,State o1 Aifzone of which the person(s)acted, executed the instrument. "W�" = Maricopa County . � •' � My Commission Expires WlTNESS my hand and official seal. • y ' February 19, 2016 ��- �- � . . . Signature - Th�s area for0�c�al Notar�al Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons�eiying on the document and cou{d prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIOUAL ❑ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT ❑ PARTNER(5) ❑ LIMITED ❑ GENERAL � ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATbR ❑ OTHER: DATE OF DOCUMENT SIGNER!S REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE American Safety Casualty Insurance Company .� � .��_ _ �.__ ia� 23z�REv 3ro>> ALL-PURPOSE ACKNOWLEDGEMENT Num�r c:,�x;s 3 i�:� POWER E)F ATTORNEY ',A�r�wS�r�rA,�s� KNOW Ai.L MEN BY TFIESE FRESENTS, that Amer�can 8afery Casualty tnsutanoe Company has made,-constituted and>appointed, and by these presents does make.consMute and appaints` David Broame ifs true and lawful attorney-in-fact,for it and its name,piace,and stead!t�execute'an hehalf of the said Company,as surety,bonds, undertaking and contracts of suretyship to;be given to ALL QBUGEES provided khat no band or'underWking or ctsntrect of suretyship exec�ed unde�th#s authority shall exceed In amount the sum of � � � �p��WQyQWnW�� .. . : This Power of Attomey is Qranted ar�d is sk,}ned aad sealad by facsim�e under and'by the autM�tity of the foflcwing Resolution adopted by the 8oard of ` Dtrectars of the Ccunpany of the 25th`day of April,2012 R�St>i.YEQ,that.the President�n cor�junc�ort with t1�Secretaty or any Assistant S+ecretary may apprnnt attorneys-In-tact or agents with authorlty as defined o�tkn�ted ia the dnstrument evidenc"�g the appainlment in each case,for and on behaH of the Ct�mpsny,to execute a�td denver and affuc the seai of the Campany ta bands,underl�tings,recognizances,and'suretysK�p abfigatior�s af afl'kir�s;arn!said office�s may remove any such attorney-in- fact ar�gent a�d ravoke any power M altcsmey prevausfy graMed ta auCh'perso�s. RESOLYED F4JRTHER.that aay bond, undertatc�g, recognizance, or suretyshfp abilgatbn shall be va�d and binding upan the Company� (�wMen s�gned bythe Prss�ent or any V+ee-Rres�derN and attested antS s+ead�x!(if�seal is reGulf+etq by any S�cretsry ot Assistant Sacretery at�i)whan signed ; by the President or any Vice-Presideot o�Secretary ar'Aasistant Secretsry,artd caunter-signed and sseled(ff a seal is required�by a duly authaized attamey-;wn-fact ar,agent;ar,(�a�when duly sxecuted antl sealed(!f a seal�required)by one or more'attorney-irt-ts�ct ar agents pursuar�t'to and with�n the�ts�f the autfiar�ty ev"�nced by the pov+er c�f sttomey issuec!by the'Com�ranp to such person or persons. RESORYED FURtHERw that the s►qnatura o#arry authar�zed otft�er and the seal o!the Canpas�y map be affixed by facsanile to any power of attomey or ce�fica��thefleof autnorizing the executlon snd de�nrery of any bsrncl,undert�ing„reccgn'�zance,or nther suretyship obiigatiaas of the Company; ertd such signature and se�l when so Wsed shafl have the same force�nd eifects as thaugh manuaey atfixed. fN WITNESS WHERE�F,.American Safeiy C$sualty Ir�surancs�'CCmpany has caused its tafficial seat3o be he' affixed,and ihe5e presents to be s�qned`by its President and attested by its Ss�cretary this 25th day of Apni,2012. Attest: �'� ` � y+��'�, �,��. � � y,� L�r�,:�'If�`✓ w- ; �'^ � � ;�s� � � �Ambu}dain ''"" A��,Bt ?� Joseph O: .!r � � � � �. ', � �c,��,.„ � � STATE OF t3E0RfilA ) � �,.��,ti� r ) �"`��`"� GOUNTI+QF GOBB ► �, '"' Ort this 25th day,of Aps��i,20f2,before me personaMy came Joseph 0, c me knpwn.wh�.,betng by me duly swom,dkl depose and say thet he is the Pr�sitlenk of Amer`rcan 5�fety Casua&�r Insurance Canpa scribed ro and wh�ch executed the�bove ir�trumeM;that he knows the seal of the s�ci corpct�twrt;that Ehe sea4 affixed to the se�h that r�was so af6xed by'arder of the Baard ot �}irectora af said cdrporaCwn arxd that he sig�ted h+s name thereto � . �'`� .�1 f+,. . � : ,' •1'�� ?� :�r ' MAR.�'�'� ��t' c�', • — � s = ��a �� :�;� �-� ` ' � :� #�;�,►'��+�"' `� � x ` Be n Lee s, ubEk . �lj� �"�R..1..�`r�l9,�`�yi,'i� 'yy �'v�� €t i�iN; i the u�ders�gned,Secretary af Amert+can Safefy Casuafty lnsurance C+��r�i�,at►Okkahoma corporatian,00 HEREBY CERTIFY,that tha(oregoing and attached Rower of Atiorney rema"�ns in fuN fnrce and has not been revoked:and furthermare that the Resoiution�the Board of Oirectats,6et fo�th in the sa�d Pawer of Attorney,is now in force.. Signed and sea�ed in the City of Adanta,rc�the Stete ot Geor��- '�' ` m�ted this 5�ay of M a y, 2 01 3 ,#,�.. � .��, . � � � � '2 �� r •� � � 4� �.r��: h `"�is�`;�+��' Ambuj Jti .... �aw C7fr1Cal�+Ir�k.S(7F 7HiS E'C3WEE�CJ�A"i TC�RNEY R�2£Pi2iNTEC3 Vl?ITH F2Et3 NUMERICAL.NCltviBERS �LlPLIGATES SN,�,LL NAVE TNE SAAtl��CJF2CE AN��FFECT AS A3V UR{G�NRk.CtNLY WFIEIV�SSt}EL?!ri1 CfJhIJllG7tt7td WlTN TH�t�FtiC�lNAI Contract No. C32730 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT Contract No. C32730 AGREEMENT THIS AGREEMENT is made and entered into in the CITY of Palm Desert on this 13th day of June, 2013, by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "CITY," and DESERT LIMNOLOGISTS INC DBA SOUTHWEST AQUATICS, hereinafter referred to as "CONTRACTOR." WITNESSETH: WHEREAS, on May 3, 2013, CITY invited bids for Lagoon and Water Features Maintenance Services Fiscal Years 2013-2015 per specifications; 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 July 1, 2013, throuqh June 30, 2015, or to such later date as mav be aqreed in writinp between the 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 Fifty-five Thousand One Hundred Ninety-two and no/100 dollars ($55,192.00), payable in the amount of Two Thousand Two Hundred Ninety-nine and 66/100 ($2,299.66) 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) HOLD 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. 1 Contract No. C32730 (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 futly 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. (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. 2 Contract No. C32730 (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 to 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 comptete 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. 3 Contract No. C32730 (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. None ; 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 all 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 Desert Limnologists Inc CITY OF PALM DESERT dba Southwest Aquatics 73-510 Fred Waring Drive P.O. Box 13212 Palm Desert, CA 92260 Palm Desert, CA 92255 (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. 4 Contract No. C32730 (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. CONTRACTOR: BY: ATTEST BY: Signature to be notarized TITLE: TITLE: CITY: BY: ATTEST BY: Signature to be notarized TITLE: Mavor of Palm Desert, CA TITLE: Citv Clerk of Palm Desert, CA APPROVED AS TO CONTENT: APPROVED AS TO FORM: MARK GREENWOOD, P.E. DAVID J. ERWIN DIRECTOR OF PUBLIC WORKS CITY ATTORNEY 5 Contract No. C32730 CONTRACTOR NOTARY ACKNOWLEDGMENT 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) CITY NOTARY ACKNOWLEDGMENT 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) Contract No. C32730 CITY OF PALM DESERT LAGOON AND WATER FEATURES MAINTENANCE SERVICES CONTRACT NO. C32730 ATTACHMENT 3: PERFORMANCE BOND (REQUIRED WITH EXECUTED AGREEMENT) Performance Bond KNOW ALL MEN BY THESE PRESENTS: That whereas City of Palm Desert has awarded to DESERT LIMNOLOGISTS INC DBA SOUTHWEST AQUATICS hereinafter designated as "Principal"), a contract for: LAGOON AND WATER FEATURES MAINTENANCE SERVICES CONTRACT NO. C32730 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, DESERT LIMNOLOGISTS �NC DBA SOUTHWEST AQUATICS the Principal, and , as Surety, are held and firmly bound unto City of Palm Desert, hereinafter called City, in the penal sum of Fifty-five Thousand One Hundred Ninety-two and no/100 dollars ($55,192.00), 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 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. Contract No. C32730 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 Contract No. C32730 CITY OF PALM DESERT LAGOON AND WATER FEATURES MAINTENANCE SERVICES CONTRACT NO. C32730 ATTACHMENT 4: PAYMENT BOND (REQUIRED WITH EXECUTED AGREEMENT) Payment Bond KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to DESERT LIMNOLOGISTS INC DBA SOUTHWEST AQUATICS (hereinafter designated as "Contractor"), an agreement dated June 13, 2013, and described as follows: LAGOON AND WATER FEATURES MAINTENANCE SERVICES FISCAL YEARS 2013-2015 CONTRACT NO. C32730, (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, DESERT LIMNOLOGISTS INC DBA SOUTHWEST AQUATICS, 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 Fifty-five Thousand One Hundred Ninety-two and no/100 dollars ($55,192.00), said sum being not less than one hundred percent (100%) of the total amount payable by said Obligee under the terms of said Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs, executors, administrators, successors or assigns, or subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery or power used in, upon, for or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Contractor and his or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board or Internal Revenue Service from the wages of employees of Contractor or his or its subcontractors, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Contract No. C32730 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 , 20 PRINCIPAL/Contractor: SURETY: DESERT LIMNOLOGISTS INC DBA SOUTHWEST AQUATICS (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). 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)