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Home My WebLink AboutAgreement - Storm Water Inspections & Maintenance Services, LLC - Signed: 2026-03-19City of Gilroy Agreement/Contract Tracking Today’s Date: March 19, 2026 Your Name: Pamela Brown Contract Type: Services over $5k - Contractor - ENG OR DESIGN Phone Number: 408-846-0259 Contract Effective Date: (Date contract goes into effect) 3/19/2026 Contract Expiration Date: 3/2/2027 Contractor / Consultant Name: (if an individual’s name, format as last name, first name) Storm Water Inspections & Maintenance Services, LLC 3291 Walnut Blvd. Suite 180 Brentwood, CA 94513 Taxpayer ID: 94-3411952 Signer’s Name/Title: Anthony Onesto, National Sales Manager StormTek Contract Subject: (no more than 100 characters) State Trash Amendments Stormwater Compliance Project No. 800460 Contract Amount: (Total Amount of contract. If no amount, leave blank) $143,370.00 By submitting this form, I confirm this information is complete: ➢ Date of Contract ➢ Contractor/Consultant name and complete address ➢ Terms of the agreement (start date, completion date or “until project completion”, cap of compensation to be paid) ➢ Scope of Services, Terms of Payment, Milestone Schedule and exhibit(s) attached ➢ Taxpayer ID or Social Security # and Contractors License # if applicable ➢ Contractor/Consultant signer’s name and title ➢ City Administrator or Department Head Name, City Clerk (Attest), City Attorney (Approved as to Form) Routing Steps for Electronic Signature Risk Manager City Attorney Approval As to Form City Administrator or Department Head City Clerk Attestation Docusign Envelope ID: F4D54270-1308-43E2-A1A0-535157C168BA TYPE OF PROCURMENT DOLLAR THRESHOLD / SIGNING AUTHORITY STAFF LEVEL DEPARTMENT HEAD CITY ADMINISTRATOR COUNCIL APPROVAL $0-$999.99 $1,000-$49,999.99 $50,000-$99,999.99 $100,000-Above EQUIPMENT /SUPPLIES/ MATERIALS Furniture, hoses, parts, pipe manholes, office supplies, fuel, tools, PPE items, etc… • Vendor selection at discretion of staff Payment Method Purchase Card or Payment Request (if vendor does not accept credit cards) • Informal bid/quotation – 3 quotes (verbal or written) • Purchasing Summary form w/ Purchasing Approval • Purchase Requisition Payment Method Purchase Order* • Informal bid/quotation – 3 written quotes • Purchasing Summary form w/ City Administrator Approval • Purchase Requisition Payment Method Purchase Order • Formal Bid • Advertisement • Council Approval • Purchase Requisition signed by City Administrator Payment Method Purchase Order GENERAL SERVICES Janitorial, landscape maintenance, equipment repair, installation, graffiti abatement, service inspections, uniform cleaning, etc… • Vendor selection at discretion of staff • May require insurance documents depending on scope/ nature of work Payment Method Purchase Card (if incorporated) Signed Payment Request (if sole proprietor or partner) • Informal bid/quotation – 3 quotes (verbal or written) • Purchasing Summary form w/ Department Head Approval • Standard Agreement • Purchase Requisition Payment Method Purchase Order* • Informal Bid/RFP quotation – 3 written quotes • Purchasing Summary form w/ City Administrator Approval • Standard Agreement • Purchase Requisition Payment Method Purchase Order • Formal Bid/RFP/RFQ • Advertisement • Council Approval • Standard Agreement • Purchase Requisition Payment Method Purchase Order PROFESSIONAL SERVICES Consultants, architects, designers, auditors, etc... • Vendor selection at the discretion of staff • Purchase Summary Form w/ Purchasing Approval • Standard Agreement signed by Department Head • Purchase Requisition Payment Method Purchase Order • RFP/RFQ to at least 3 consultants • Purchase Summary Form w/ Department Head Approval • Standard Agreement • Purchase Requisition Payment Method Purchase Order • RFP/RFQ to a list of consultants • Evaluation Spreadsheet w/ City Administrator Approval • Standard Agreement • Purchase Requisition Payment Method Purchase Order • Formal RFP/RFQ • Advertisement • Council Approval • Standard Agreement signed by City Administrator • Purchase Requisition Payment Method Purchase Order Docusign Envelope ID: F4D54270-1308-43E2-A1A0-535157C168BA FY26 Installation of Small Trash Capture Devices Project No. 26-PW-306 SECTION 00500-28 SECTION 00500 AGREEMENT FY26 INTALLATION OF SMALL TRASH CAPTURE DEVICES PROJECT NO. 26-PW- 306 THIS AGREEMENT, made this day of 2026, by and between the City of Gilroy, hereinafter called the “City,” and hereinafter called the “Contractor.” W I T N E S S E T H: WHEREAS, the City has caused the Contract Documents to be prepared comprised of bidding and contract requirements and technical specifications and drawings for the construction of the FY26 Installation of Small Trash Capture Devices Project No. 26-PW-306, as described therein, and WHEREAS, the Contractor has offered to perform the proposed work in accordance with the terms of the Contract Documents. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties herein contained and to be performed, the City and Contractor agree as follows: Article 1. Work. Contractor shall complete the Work as specified or indicated in the Contract Documents. Article 2. Contract Time. The Work shall be completed by the Contractor in accordance with the Contract Documents within the time period required by Paragraph 00800-2.0, Time Allowed for Completion, subject to extension as expressly provided in the Contract Documents. Article 3. Liquidated Damages. The city and the contractor recognize that the city will suffer substantial damages and significant financial loss as a result of the contractor’s delays in performance of the work described in the contract documents. The city and the contractor hereby acknowledge and agree that the damages and financial loss sustained as a Apex Companies/SWIMS. 25 Docusign Envelope ID: F4D54270-1308-43E2-A1A0-535157C168BA FY26 Installation of Small Trash Capture Devices Project No. 26-PW-306 SECTION 00500-29 result of any such delays in performance will be extremely difficult and impractical to ascertain. Therefore, the city and contractor hereby agree that in the event of such delays in performance, the city shall be entitled to compensation by way of liquidated damages and penalties for the detriment resulting therefrom in accordance with paragraph 00700-6.5, liquidated damages, of the contract documents. The city and the contractor further agree that the amounts designated as liquidated damages are a reasonable estimate of the city’s damages and financial loss in the event of any such delays in performance considering all of the circumstances existing as of the date of this agreement, including the relationship of such amounts to the range of harm to the city which reasonably could be anticipated as of the date of this agreement and the expectation that proof of actual damages would be extremely difficult and impractical. By initialing this paragraph below, the parties hereto signify their approval and consent to the terms of this article 3. ________________________________ ________________________________ City’s Initials Contractors Initials Article 4. Contract Price. In consideration of the Contractors performance of the Work in accordance with the Contract Documents, the City shall pay the Contract Price set forth in the Contract Documents. Article 5. Contract Documents. The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of this Agreement (Section 00500 of the Contract Documents) and the following, all of which are hereby incorporated into this Agreement by reference with the same force and effect as if set forth in full. Notice to Prospective Bidders Instructions to Bidders Bid Documents Designation of Subcontractors Bid Guaranty Bond Agreement Acknowledgements Performance Bond Payment Bond General Conditions Supplementary Conditions General Requirements Standard Specifications (Caltrans) Docusign Envelope ID: F4D54270-1308-43E2-A1A0-535157C168BA FY26 Installation of Small Trash Capture Devices Project No. 26-PW-306 SECTION 00500-30 Technical Specifications Drawings Addenda, if any Executed Change Orders if any Warranty Maintenance Bond Notice of Award Notice to Proceed Article 6. Miscellaneous. Capitalized terms used in this Agreement which are defined in Section 01090, References, of the Contract Documents will have the meanings set forth in Section 01090, References. Contractor shall not assign any rights, obligations, duties, or responsibilities under or interest in the Contract Documents without the prior written consent of the City, which consent may be withheld by the City in its sole discretion. No assignment by the Contractor of any rights, obligations, duties or responsibilities under or interests in the Contract Documents will be binding on the City without the prior written consent of the City (which consent may be withheld in City’s sole discretion); and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, executed by the City, no assignment will release or discharge the assignor from any liability, duty, obligation, or responsibility under the Contract Documents. Subject to the foregoing, the Contract Documents shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. Nothing contained in the Contract Documents shall in any way constitute a personal obligation of or impose any personal liability on any employees, officers, directors, agents or representatives of the City or its successor and assigns. In accordance with California Business and Professions Code Section 7030, the Contractor is required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against Contractors if a complaint regarding a latent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning the Contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826. Docusign Envelope ID: F4D54270-1308-43E2-A1A0-535157C168BA FY26 Installation of Small Trash Capture Devices Project No. 26-PW-306 SECTION 00500-31 IN WITNESS WHEREOF, this agreement has been executed on this _____ day of ________________ 2026. Name of Contractor Signature of City Interim City Administrator Signature of Contractor Title of Signatory _____________________ Title of Signatory Approved as to form by City Attorney ATTEST: ATTEST: Signature Signature Title of Signatory Title of Signatory ***END OF SECTION*** NSM Apex Companies/SWIMS COO February25 Docusign Envelope ID: F4D54270-1308-43E2-A1A0-535157C168BA City Administrator City Clerk FY26 Installation of Small Trash Capture Devices Project No. 26-PW-306 SECTION 00650-41 SECTION 00650 WORKERS’ COMPENSATION INSURANCE CERTIFICATE In accordance with California Labor Code Section 1861, prior to commencement of work on the Contract, the Contractor shall sign and file with the City the following certification: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” Signature Name of Contractor Title Date ***END OF SECTION*** Apex Companies/SWIMS 2/25/2026 COO Docusign Envelope ID: F4D54270-1308-43E2-A1A0-535157C168BA FY26 Installation of Small Trash Capture Devices Project No. 26-PW-306 SECTION 00670-42 SECTION 00670 NOTICE OF NONDISCRIMINATION IN EMPLOYMENT The undersigned contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, marital status or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, age, marital status or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment advertising; layoff or termination; rates of pay, or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment notice to be provided by the municipality setting forth the provisions of this nondiscrimination clause. Date Licensed General Contractor Company License # ***POST IN CONSPICUOUS PLACE OF EMPLOYMENT*** ***END OF SECTION*** 983773Apex Companies/SWIMS Apex Companies2/25/2026 Docusign Envelope ID: F4D54270-1308-43E2-A1A0-535157C168BA