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HomeMy WebLinkAboutC34281 - Maintenancee Chemical Aquisition Svcs at PDACCONTRACT NO. C34281 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: REQUEST FOR APPROVAL OF CONTRACT NO. C34281, A ONE-YEAR EXTENSION WITH KNORR SYSTEMS, INC., FOR MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION AT THE PALM DESERT AQUATIC CENTER FOR FY 2016/17 IN THE AMOUNT OF $83,596. SUBMITTED BY: Kimberly Warpinski, Management Analyst CONTRACTOR: Knorr Systems, Inc. 2221 South Standard Avenue Santa Ana, CA 92707 DATE: April 28, 2016 CONTENTS: C34281, Amendment to Agreement C34280 Recommendation By Minute Motion: 1. Approve Contract No. C34281, a one-year extension with Knorr Systems, Inc., (Knorr) for mechanical maintenance services and chemical acquisition at the Palm Desert Aquatic Center (Aquatic Center), in the amount of $83,596; and 2. Authorize additional repair work and services at the specified contract amount, not to exceed 20 percent of contract amount or $16,700.00; and, 3. Authorize the Mayor to execute the contract. Funds are available in Account Nos. 242-4549-454-2111 and 242-4549-454-3311 in the proposed FY 2016/17 operating budget. Staff Report C34281, Knorr Systems, Inc. April 8, 2016 Page 2 of 2 Discussion The City Council awarded Contract No C34280 to Knorr on May 28, 2015. The contract includes all of the major maintenance activities and chemical acquisition for the Aquatic Center. Staff has been very pleased with the willingness of Knorr to work with us, and Knorr's performance has met City standards. This contract would extend for one year commencing July 1, 2016, and expiring June 30, 2017, at the current contract price of $83,596. Fiscal Analvsis This is an on -going maintenance activity with no fiscal impact beyond the contract amount. Submitted by: Department Head: Kimberly Warpi ki, Mahagement Analyst Ryan #en -dell, Director Community Dev. Reviewed and Concur: Paul S. Gibson, Director of Finance Approval: k1_ 4?e eJin McCarthy, Interim Cit nager CONTRACT NO. C34281 AMENDMENT TO AGREEMENT WHEREAS, the City of Palm Desert ("City") and Knorr Systems, Inc., ("Contractor"), entered into an agreement, dated May 28, 2015, to provide Mechanical Maintenance and Chemical Acquisition at the Palm Desert Aquatic Center ("Agreement'), the parties wish to amend the Agreement effective July 1, 2016. NOW, THEREFORE, the parties agree as follows: A. Term is amended to add the following paragraph to the end of the existing section, as amended. "The term of this Agreement is extended, and shall include the time period from July 1, 2016 through June 30, 2017." B. All other terms and conditions of the Agreement shall remain unchanged, and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day of , 2016. CITY OF PALM DESERT A Municipal Corporation BOB SPIEGEL City of Palm Desert Attest: Rachelle D. Klassen, City Clerk CITY OF PALM DESERT, CALIFORNIA Approved as to Form: Robert Hargreaves, City Attorney KNORR SYSTEMS, Inc. Richard Robert, President Approved as to Content: Kimberly Warpinski, Management Analyst CONTRACT NO. C34281 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) E I I Y of P n-[ M oESEPi 73-5 IU 1:1t") \\'AkIN<, DR[vl PALM UtSPkT, CALltOk\IA 9226o-:!578 TEL:76o 346-o6ii info(•-crt,4,fpa1mdl rt nrg July 21, 2015 Knorr Systems, Inc. 2221 S. Standard Avenue Santa Ana, California 92707 Dear Sir or Madam: Subject: Contract No. C34280 - Mechanical Maintenance Services and Chemical Acquisition at the Palm Desert Aquatic Center for Fiscal Year 2015-2016 At its regular meeting of May 28, 2015, the Palm Desert City Council, by Minute Motion: 1) Approved the subject one-year agreement with Knorr Systems, Inc., Santa Ana, California, in the amount of $83,596 for Mechanical Maintenance Services and Chemical Acquisition at the Palm Desert Aquatic Center; 2) authorized additional repair work and services at the specified contract amount, not to exceed 20% of contract ($16,700); 3) authorized Mayor to execute the contract. Enclosed is a fully executed Agreement for your records. If you have any questions or require additional information, please do not hesitate to contact us. Sincerely, RACHELLE D. KLASSEN, MMC CITY CLERK RDK:mgs Enclosure (as noted) cc/enc: Ryan Stendell, Senior Management Analyst Finance Department 6ONTRACT NO. C34280 CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION AGREEMENT THIS AGREEMENT is made and entered into in the City of Palm Desert on this 281" day of May 2015, by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "City,' and Knorr Svstems, Inc. herein referred to as "Contractor." WITNESSETH: WHEREAS, on April 23, 2015, City invited bids for Aquatics Center Mechanical Maintenance and Chemical Acquisition; and WHEREAS, pursuant to said invitation, Contractor submitted a bid, which was accepted by City for said services, NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: (1) TERM The term of this Agreement shall be from date of execution of this instrument through June 30, 2016, with an option for two, one-year (12-month) extensions based on contract performance. (2) CITY'S OBLIGATIONS For furnishing services, as specified in this Agreement, City will pay and Contractor shall receive in full compensation, therefore the total sum of Eighty- three thousand five hundred ninety-six dollars ($ 83,596.00) as billed on a per -item monthly basis as set forth in the Contract Documents and adopted by City. (3) CONTRACTOR'S OBLIGATION For, and in consideration of, the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to furnish the services and to do everything required by this Agreement and the Contract Documents, Specifications and Conditions. (4) HOLD HARMLESS AND INDEMNIFICATION Contractor agrees to defend, indemnity, and hold harmless City of Palm Desert, its officials, officers, employees, representatives, and agents from and against all claims, lawsuits, liabilities or damages of whatsoever nature arising out of its connection with, or relating in any manner to, any act or omission of Contractor, its agents, employees, subcontractors and employees thereof in connection with, the performance or non-performance of this Agreement. Contractor shall thoroughly investigate any and all claims and indemnify City and do whatever is necessary to protect the City of Palm Desert, its officials, officers, employees, agents, and representatives as to any such claims, lawsuits, liabilities or damages. (5) AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing, signed by Contractor and approved by the City Council of the City. dONTRACT NO. C34280 (6) TERMINATION If, during the term of this Agreement, City determines that Contractor is not faithfully abiding by any term or condition contained herein, City may notify Contractor in writing of such defect or failure to perform; which notice must give Contractor a three-day period of time thereafter in which to perform said work or cure the deficiency. If Contractor fails to perform said work or cure the deficiency within the three (3) days specified in the notice, such shall constitute a breach of this Agreement and City may terminate this Agreement immediately by written notice to Contractor to said effect. Thereafter, except as otherwise set forth herein, neither party shall have any further duties, obligations, responsibilities, or rights under this Agreement except, however, any and all obligation of Contractor's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination hereof. In said event, Contractor shall be entitled to the reasonable value of its services performed from the beginning of the period in which the breach occurs up to the day it received City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. City reserves the right to delay any such payment until completion of confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall Contractor be entitled to receive in excess of the compensation quoted in its bid. The City Council may terminate the contract with 30 days written notice for any reason. (7) INCORPORATED BY REFERENCE The Notice Inviting bids; Bid Terms and Conditions/Instructions to Bidders; Contractor's Proposal Submission Forms; Addendum Nos. N/A ; General Terms and Conditions; Specific Terms and Conditions; Extra Work Pricing Schedule; Change Orders; additional or supplemental specifications, drawing, maps or diagrams; and City -issued forms relating to this project, are hereby incorporated in and made a part of this Agreement. (8) COMPLETE AGREEMENT This written Agreement, including all writings specifically incorporated herein by this reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. (9) ANTI -DISCRIMINATION In the performance of the terms of this Agreement, Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of any person because of the age, race, color, sex, national origin or ancestry, or religion of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. (10) AUDIT City shall have the option of inspecting and/or auditing all records and other written material used by Contractor in preparing its statements to City as a condition precedent to any payment to Contractor. (11) NOTICE All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail, return receipt requested, addressed as follows: CONTRACT NO. C34280 IF TO CITY: IF TO CONTRACTOR: Office of the City Clerk CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 (12) LITIGATION COSTS In the event an action is filed by either party to enforce any rights or obligations under this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs, in addition to any other relief granted by the court. (13) AUTHORITY TO EXECUTE AGREEMENT Both City and Contractor do warrant that each individual executing this Agreement on behalf of each party is a person duly authorized. IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement which shall be deemed an original on the date first above written. CONTRACTOR: BY: 7- Signature to be notarized Printed name CITY OF PALM DESERT TITLE: Mavor of Palm Desert APPROVED AS TO CONTENT: RYAN STENDELL SENIOR MANAGEMENT ANALYST TITLE: TITLE: Citv Clerk APPROVED AS TO FORM: DAVID J. ER%Y CITY ATTORNEY CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of 01,14 ) On 06` I S before me, 7 ""'7 �i.ik d�7 r►� , `A4, y go, Date Here Insert Name and Title of the Officer personally appeared 'R citA'a *P0,b Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(g) whose name(s) is/a+'e subscribed to the within instrument and acknowledged to me that he/slte/th6y executed the same in his/t*r/th4ir authorized capacity(4), and that by his/h4 their signature(s) on the instrument the person, or the entity upon behalf of which the persono acted, executed the instrument. YOUNG SUK KIM COMMA 1941607 N NOTARY PUeUC CAL60RMA ORANGE COUNTY -' Mr CONY Exr JuN! 16. 2015 4 Place Notary Seal Above 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 `V� �r k-"� Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: I._ Corporate Officer — Title(s): Partner — Limited � General Individual Attomey in Fact Trustee = Guardian or Conservator -1 Other: Signer Is Representing: Signer's Name: Corporate Officer — Title(s): Partner — 5 Limited L General Individual ❑ Attorney in Fact = Trustee I I Guardian or Conservator Other: Signer Is Representing: ()u)ulVC�t)�)4'tJA:t?�.`tt.FF.wwww�C.�.Z,�(,�7C:tSC4K-(s�[SY:�S«, •w�-�;win.�-�.w--J�'c.Yrl)?�(1r..�,�,,w�.ww�%V�C.'�t,'�G�Z'� 02014 National Notary Association • www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 CONTRACT NO. C34280 CONTRACTOR'S BID PROPOSAL CONTRACTOR'S BID PROPOSAL BEGINS WITH THIS PAGE CiTY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C34280 TO: CITY CLERK CITY OF PALM DESERT 73-510 FRED WARING DRIVE PALM DESERT, CA 92260 The undersigned declares that he/she has carefully examined the Bid Terms and Conditions, the General Terms and Conditions, and the Specific Terms and Conditions accompanying the Notice Inviting Bids; that he/she is thoroughly familiar with the contents thereof, and is authorized to represent the bidding firm and propose services to City of Palm Desert. it Is understood that the price shown hereon Includes all phases and types of work described In the specifications. The lump sum cost for performing the entire scope of the contract maintenance work shall be indicated. The total cost for the chemical acquisition is provided for bid comparison only. Payment for chemicals shall be made based on actual usage only. Bid Item Qty Unit TOTAL ANNUAL (Gallon or Cost COST Pound (for bid comparison) Total for All Maintenance Activit?ss per Contract Documents 26,496.00 Total for Chlorine Acquisition 27,000 gal $ "3 41,310.00 Total for Murtatic Acid Acquisition 4,000 gal $ 2.44 $ 9,760.00 Total for Sodium Bicarbonate Acquisition 17,000lb $ 0.31 $ 5 . �70.00 Total for Calcium Chloride Acquisition 2,000lb $ 0.38 $ 760.00 TOTAL BID PROPOSAL $ 83,596.00 TOTAL ANNUAL AMOUNT BASE BID IN FIGURES $ 83,596.00 (Must match Total Bid Proposal from table above) TOTAL ANNUAL AMOUNT OF BASE BID IN WORDS: Eighty-three thousand five hundred ninetv-six DOLLARS 11ND zgro CENTS Undersigned hereby acknowledges receipt of addenda as Indical (circle highest number that applies) 1 2 3 4 C342801SECTIOi' LII,%CONTR4LTi0t-)GhIIMENTS t'age'9 CONTRACTOR'S PROPOSAL SUBMISSION FORM -- CONTINUED CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C34280 INFORMATION REQUIRED OF BIDDER Company Name- Knorr Systems, iric. Company Address: 2221 Standar4_.Ave. Santa Ana. CA 92707 Office Phone: Cell Phone: Fax: (714)754-4044 (714)981-040 (714)754-1405 Bid Prepared By: Lie, dye Fish Service Administration _Speciali t Signature: _ Date: 9/14/2015 e Cell Phone: Steve Fes} 1714)98 -O4nA In supplying the following information, additional sheets may be attached if needed. Check If additional sheets are attached: ❑ Check if additional sheets are not attached: x❑ (1) Company Name and Address Knnrr RvstPmS . Tnr 7?21 Stmnaa d Ay - Banta Ana f A 9?7n7 (2) Telephone No. (7141 7S4-4044 (3) Type of Firm (Individual, Partnership or Corporation) r'n=nrAh inn (4) Corporation organized under the laws of the State of Ca 1 i f orn i a (5) Contractor's License No. S 62 112 Exp. Date __ o 3 / 3 1 / 16 (6) Contractor's Department of Industrial Relations Registration No. 1 onnnn4F-AB C34280pet..t tu- &1AC0WRACTADW— LI 1ENTS age,9 1 CONTRACTOR'S PROPOSAL SUBMISSION FORM — CONTINUED CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C34280 (7) List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: Richard Robert A. Lawrence Knorr President Secretary 10102 Overhill 626 Valerio Drive Santa Ana. CA 92705 Santa Barbara. CA 91103 (8) Number of years experience providing aquatics center maintenance services 37 (9) Number of years experience with municipal aquatics center contracts 3_ (10) Proposed facilities to be used in the fulfillment of this contract List locaUon/address of facilities from which workers will be dispatched: KSI Corporate Office located at 2221 S. Standard Avenue Santa AUa. CA 92707 - 714-754-4044 SUBCONTRACTOR LIST 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 all subcontractors on a separate sheet.) ❑ See Subcontractor List on Separate Sheet ❑ No subcontractors will be used Subcontractors Name: I ter-Vall£1L Pool Suooly License Number. 562312 Address: 1415 EAst 3rd Street, Pomona, CA 91766 Telephone: (800) 252-2702 Work to be performed: Delivery of chemicals t342aojsE noNgWgpNTRp►aro�ocuM19a� CONTRACTOR'S PROPOSAL SUBMISSION FORM — CONTINUED CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C34280 REFERENCES Contract Initiation/ Amount Scope of Work Completion Dates Contact Person 1 $ 29,410.00 Bi-Monthly 7/1/2014 John Loerke Name rnm1PtP PiIulLL 6/30/2015 Desert Sands USD {usinessNeme rnnm main*onanrre 17-45n rune Palms Address nXjej i r L4 Quints . CA 92253 Phone (760)578-2212 Cell Additional Information: Four (4) schools included 2 $ _46, 080. 00 4X Weekly 9/1/2014 Larry_ Randel Name 1-�n1Yrg; 'ymp 6 / 31 / 2 015 Lake Elsinore USD lusiness None ZoQm maintenance 945 rhAnev 9t . Address and reps i r Lake EI s i nore A 92330 Phone Additional (951) 253-7031 Cell Information: Three (3) schools included 3 S 75,435.00 ,3X Weeklv 7/l/2014 Elsa E.caueda Narne C.Qp-plPtsh gulp 6/31/2015 roar•hPllaj[pi11im1, TMD9%s1nessNsme room maintenance 81713 Avo 5K Address gnd rPrlair Tj2prmal . CA 97 -74 V%one (760)398-5909 x8621872 Additional Information: Two (2) schools included Ust the name of the person who inspected the site of the proposed work for your firm Torn Sasaites, ADFlication Specaialist CONTRACTOR hereby swears under penalty of perjury that the information provided is true and correct. By: �LI/ \ ,Title: Service Admin Specialist Signature`' �"� Contractor C3428OISECTION;1_. CONTRACT