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HomeMy WebLinkAboutC30700 Aquatic Center Mechanical Maintenance and ChemicalContract No. 30700 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AWARD CONTRACT NO. C30700 FOR THE PALM DESERT AQUATIC CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT TO KNORR SYSTEMS, INC., IN THE AMOUNT OF $109,515.00 SUBMITTED BY CONTRACTOR DATE: CONTENTS Recommendation Mark Greenwood, P.E., Director of Public Works Knorr Systems, Inc. 2221 S. Standard Avenue Santa Ana, CA 92707 May 26, 2011 Agreement Contractor Proposal Bid Bond By Minute Motion: 1. Declare the bid submitted by Ocean Springs Tech, Inc., as non- responsive due to lack of a Bid Bond; 2. Award Contract No. C30700 for the Aquatic Center Mechanical Maintenance and Chemical Acquisition, to Knorr Systems, Inc., in the amount of $109,515.00; 3. Authorize the Director of Finance to set aside an additional 10 percent contingency in the total amount of $10,951.50; 4. Appropriate $15,196.30 from FY 2010/11 unobligated General Fund reserves to Account No. 242-4549-454-2111, Supplies/Pool Chemicals; 5. Appropriate $6,512.70 from unobligated FY 2010/11 General Fund reserves to account 242-4549-454-3311, Contracted Pool Maintenance; and 6. Authorize the City Manager to execute the agreement. Staff Report Award C30700 to Knorr Systems, Inc. May 26, 2011 Page 2 of 3 Contract No. C30700 Funds, less the requested appropriations, are available in the Account Nos. 242-4549-454-2111 and 242-4549-454-3311 in the proposed FY 2011/12 operating budget. Background On April 18, 2011, the City Clerk advertised and called for bids for the Aquatic Center Mechanical Maintenance and Chemical Acquisition Contract. The contract would provide for an annual maintenance program and acquisition of all chemicals for the Aquatic Center. An appropriation of $21,709.00 is being requested in the current fiscal year (FY 2010/11) to cover the June 2011 maintenance activities. The remaining 12 months of funding has been budgeted in the FY 2011/12 proposed budget. On Friday, May 6, 2011, at 10:45 a.m., sealed bids were opened and read aloud, with the following proposals received: Contractor Location Bid Amount Ocean Springs Tech, Inc. Palm Springs, CA $103,668.00* Knorr Systems, Inc. Santa Ana, CA $109,515.00 Service 1st Comm. Pools Costa Mesa, CA $161,728.00 *The apparent low bidder (Ocean Springs Tech, Inc.) did not submit a Bid Bond as required in the proposal requirements. Staff has reviewed Knorr Systems, Inc., proposal and determined that the requirements have been met. Fiscal Analysis This is an on -going maintenance activity with no fiscal impact beyond the contract amount. A Prepared By: DeparWeryiWg(ad: Ryan Stendell Mark Green ood, P. , Se r Management Analyst CITY��iAIVorks APPROVED DEN"' Paul S. Gibson, Director of Finance RECEIVED OTHER Wohlmuth, City Manager AYES: 1 tx NOES: ABSENT: ABSTAIN: VERIFIED BY: Original on File with City Office CITY OF PALM DESERT AQUATIC CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C30700 AGREEMENT THIS AGREEMENT is made and entered into in the City of Palm Desert on this 26th day of May 2011, by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "City," and KNORR SYSTEMS, INC., herein referred to as "Contractor." WITNESSETH: WHEREAS, on April 20, 2011, City invited bids for Aquatic 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, 2012, or to such later date as may be agreed in writing between parties. (2) CITY'S OBLIGATIONS For furnishing services, as specified in this Agreement, City will pay and Contractor shall receive in full compensation therefore the total sum of ONE HUNDRED NINE THOUSAND FIVE HUNDRED FIFTEEN & 00/100 dollars ($109,515.00) as billed on a per -item monthly basis as set forth in the Contract Documents and adopted by City. (3) CONTRACTOR'S OBLIGATION For, and in consideration of, the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to furnish the services and to do everything required by this Agreement and the Contract Documents, Specifications and Conditions. (4) HOLD HARMLESS AND INDEMNIFICATION Contractor agrees to defend, indemnify, and hold harmless City of Palm Desert, its officials, officers, employees, representatives, and agents from and against all claims, lawsuits, liabilities or damages of whatsoever nature arising out of its connection with, or relating in any manner to, any act or omission of Contractor, its agents, employees, subcontractors and employees thereof in connection with, the performance or non-performance of this Agreement. Contractor shall thoroughly investigate any and all claims and indemnify City and do whatever is necessary to protect the City of Palm Desert, its officials, officers, employees, agents, and representatives as to any such claims, lawsuits, liabilities or damages. (5) AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing, signed by Contractor and approved by the City Council of the City. (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: IF TO CITY: IF TO CONTRACTOR: Office of the City Clerk CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 Richard Robert, President KNORR SYSTEMS, INC. 2221 S. Standard Avenue Santa Ana, CA 92707 (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. KNORR SYSTEMS, INC. By: Title: Printed name Signature (to be notarized) CITY OF PALM DESERT ATTEST: A Municipal Corporation JEAN M. BENSON, MAYOR APPROVED AS TO CONTENT: MARK GREENWOOD, P.E. DIRECTOR OF PUBLIC WORKS RACHELLE D. KLASSEN CITY CLERK APPROVED AS TO FORM DAVID J. ERWIN CITY ATTORNEY CONTRACTOR NOTARY ACKNOWLEDGMENT State of California } } SS County of 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 State of California County of Riverside CITY NOTARY ACKNOWLEDGMENT } )SS } (Seal) 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 OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C30700 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to , hereinafter designated as "Principal," a contract for: CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C30700 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, I the Principal, and as Surety, are held and firmly bound unto the City of Palm Desert, hereinafter called City, in the penal sum of Dollars ($ ), being 100% of the contract amount in lawful money of the United States of America for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded Principal, his executors, heirs, administrators, and successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants and agreements in the said contract and any alterations thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or the specifications. Should it become necessary for City to institute a lawsuit or any other legal proceeding to enforce the terms and conditions of this bond, then all costs of said proceeding, including attorneys' fees, shall be awarded to the prevailing party. 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 120 SURETY PRINCIPAL BY: BY: INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C30700 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, City of Palm awarded to Desert (sometimes referred to hereinafter as "Obligee") has (hereinafter designated as "Contractor"), an agreement dated and described as follows: AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION, CONTRACT NO. C30700, (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, , 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 Dollars ($ ), said sum being not less than one hundred percent (100%) of the total amount payable by said Obligee under the terms of said Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs, executors, administrators, successors or assigns, or subContractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery or power used in, upon, for or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said 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. 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 120 PRINCIPAL/Contractor: SURETY: (Typed Name of Contractor) (Typed Name of Surety) By: (Signature) (Typed Name and Title) The rate of premium on this bond is $ The total amount of premium charged: $ (the above must be filled in by corporate surety). (Signature of Attorney -in -Fact) (Typed Name of Attorney -in -Fact) perthousand. IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance 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) CONTRACTOR'S PROPOSAL SUBMISSION FORM — CONTINUED CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C30700 INFORMATION REQUIRED OF BIDDER Company Name: Knorr Systems, Inc. Company Address: 2221 S. Standard Ave., Santa Ana, CA 92707 Office Phone: Cell Phone: Fax: 714-754-4044 714-620-5801 714-754-7791 Bid Prepared By: Title: Richard Robert President Signature: _ _- - Date: May 4 , 2011 Contact Person: Cell Phone: Dave Park, Service Manager 714-353-0660 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: ❑ (1) Company Name and Address Knorr Systems, Inc. 2221 S. Standard Avenue Santa Ana, CA 92707 (2) Telephone No. 714-754-4044 (3) Type of Firm (Individual, Partnership or Corporation) Corporation (4) Corporation organized under the laws of the State of California (5) Contractor's License No. 562312 Exp. Date 0 3 / 31 / 2 012 C30700 SECTION 1, CONTRACT DOCUMENTS Page 9 CONTRACTOR'S BID PROPOSAL BEGINS WITH THIS PAGE CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C30700 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 Activities per Contract Documents $ 34,400.00 Total for Chlorine Acquisition 39,000 gal $ 1.53 $ 59,670.00 Total for Muriatic Acid Acquisition 4,900 gal $ 1 . 7 0 * $ 8,830.00 Total for Sodium Bicarbonate Acquisition 4,600 lb $ .38 $ 1,710.00 Total for Calcium Chloride Acquisition 5,500 lb I $ .31 $ 'Acid pricing above reflects full strength deliveries; Delivery of diluted acid (1011b) as indicated on plan TOTAL BID PROPOSAL Cost of Payment & 3 2 PeAormance Bonds $ page SPM-2 is estimated at an annual consumption of 12,100 gallons; with a cost of $1.35 per gallon 1 0 9,515.00 TOTAL ANNUAL AMOUNT BASE BID IN FIGURES $ 109,515.00 (Must match Total Bid Proposal from table above) TOTAL ANNUAL AMOUNT OF BASE BID IN WORDS: One hundred nine thousand five hundred fifteen ---- DOLLARS AND zero CENTS Undersigned hereby acknowledges receipt of addenda as indicate (circle highest number that applies) 0 1 2 3 4 C30700 SECTION 1, CONTRACT DOCUMENTS Page 8 CONTRACTOR'S PROPOSAL SUBMISSION FORM — CONTINUED CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C30700 (6) List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: A. Lawrence Knorr Richard Robert 626 Valerio Drive 10102 Overhill -Santa Barbara. CA 93103 Santa Ana, CA 92705 (7) Number of years experience providing aquatics center maintenance services 33 (8) Number of years experience with municipal aquatics center contracts 33 (9) Proposed facilities to be used in the fulfillment of this contract List location/address of facilities from which workers will be dispatched: KSI Corporate Office located at 2221 S. Standard Avenue Santa Ana, 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.) r_X1 See Subcontractor List on Separate Sheet 0 No subcontractors will be used Subcontractor's Name: License Number: Address: Telephone: Work to be performed: C30700 SECTION 1, CONTRACT DOCUMENTS Page 10 KNORR SYSTEMS, INC. CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C30700 LIST OF SUBCONTRACTORS: Inter -Valley Pool Supply John Fry, President 6226 Santos Diaz Street Azusa, CA 91702 800-252-2702 Work to be performed: Chemical Supply and Delivery Chem -Tech International, Inc. Rocky Zoeter, President 3224 Yorba Linda Blvd. Suite 334 Fullerton, CA 92831 714-921-9700 Work to be performed: Back-Up/Emergency Chemical Supply and Delivery B's Pool Supplies Andy MacMillian, Owner 1691 Container Circle Riverside, CA 92509 951-274-0964 Work to be performed: Supply of Sodium Bicarbonate and Calcium Chloride 9 3 CONTRACTOR'S PROPOSAL SUBMISSION FORM — CONTINUED CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C30700 REFERENCES Contract Hmoum: Additional information: Additional information: Additional information: Initiation/ John Loerke List the name of the person who inspected the site of the proposed work for your firm Tom Basasites, Application Specialist CONTRACTOR hereby swears under penalty of perjury that the information provided is true and correct. Title: President Signature Contractor C30700 SECTION 1, CONTRACT DOCUMENTS Page 11 CONTRACTOR'S PROPOSAL SUBMISSION FORM - CONTINUED CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C30700 AFFIDAVIT OF NON -COLLUSION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA) ) SS COUNTY OF RIVERSIDE) being first duly sworn, deposes and says that he/she is of K,1or+ S.rs-k�,a , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and neither collusive nor sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any 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 overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder 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, 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 sham bid. L By —r S cal �✓7 Signature (CONTRACTOR) Title (CONTRACTOR) Jurat Certificate State of California County of 'I'll le Subscribed and sworn to (or affirmed) before me on this ate' day of o► (month), ,20ll (year), by 1/?- tan-D- 4420btl:t , proved to me on the basis of satisfactory evidence to be the person(g) who appeared before me. It ��/�j ,,,p Signature of Notary 4A 454_� c4ff�? (Seal of Notary) _ YOUNG SUK KIM Coda. # 1751626 to Y! " NOTARY PUBLIC- CALIFORNIA VJ ORANGE COUNTY my Comm. Exp. JUNE 18, ;.2 CONTRACTOR'S PROPOSAL SUBMISSION FORM - CONTINUED CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C30700 KNOW ALL MEN BY THESE PRESENTS, That we, Knorr Systems, Inc. as Principal, and via Cashier's Check , '94b are held and firmly bound unto the City of Palm Desert in the sum of $ 13, 000 (10% of bid), to be paid to the said Owner or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain proposal of the above bounden principal to perform certain work described as follows: The general items of work to be done hereunder consist of providing annual maintenance and chemical acquisition to the City of Palm Desert for its municipal aquatics center facilities, as described herein and as detailed in the Contract Documents and all appurtenant work as required by the specifications and appendices, and dated April, 2011, is accepted by the City of Palm Desert, and if the above bounden principal Knorr systems, Inc. shall duly enter into and execute a contract for such construction, and shall execute and deliver the Performance Bond and Payment Bond and insurance certificates as required by said contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Should it become necessary for the 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 attorney's fees, shall be awarded to the prevailing party. [Remainder of this page has intentionally been left blank. Signature blocks are contained on the next page.] C30700 SECTION 1, CONTRACT DOCUMENTS Page 13 IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 5th day of May 20 11 Contractor's Name: Knorr Systems, Inc. Contractor's Signature: ,�--_------- Title: President Address: 2221 S. Standard Avenue, Santa Ana, CA 92707 714-754-4044 Telephone: Surety's Name:_ Surety's Signature: Title: Address: Telephone: N/A - Cashier's Check C30700 SECTION 1, CONTRACT DOCUMENTS Page 14 CONTRACTOR'S PROPOSAL SUBMISSION FORM - CONTINUED CITY OF PALM DESERT AQUATICS CENTER MECHANICAL MAINTENANCE AND CHEMICAL ACQUISITION CONTRACT NO. C30700 EXTRA WORK PRICING SCHEDULE Please indicate hourly wages for extra work to be performed below: LABOR TYPE: Mechanical Equipment Repairs Mechanical Equipment Repairs $ 100.00 per hour $ per hour $ per hour 160.00 $ per overtime hour $ per overtime hour $ per overtime hour At City's discretion, additional work may be paid for using the contractual hourly rate for labor, and materials at cost plus a 15% mark-up. C30700 SECTION 1, CONTRACT DOCUMENTS Page 15 F__�C'A • -j*Lod nyw High Efficiency Water Heaters And Boilers May 5, 2011 Mr. Ryan Stendell CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 84 New Rhododendron Chapel Hill, NC 27517 919-642-0343 919-642-0399 Fax Re: Certification to Install, Service and Start-up Lochinvar Commercial Pool Heaters Valid for calendar year 2011 Dear Mr. Stendell: This letter serves as validation that current service personnel at Knorr Systems, Inc.(as listed below) are certified by Lochinvar to service, repair, install, and start-up/commission all Lochinvar commercial pool heaters. Each technician has attended Lochinvar "University's Certified Factory Service School" held in Lebanon, Tennessee. Certified Technicians: Rich Robert, Joe Fleuette, Mario Garcia, Tim McCullough, Don Peterson, John Gordon, Justin Gutcher, Mark St. George, Mike Vandegrift, George Olinger, Borzou Talebi, Brian Parks and Nate Hagner. The certification includes models ERN/L ( EnergyRite), CPN/L (Copper -Fine) and XPN/L (XLP Series). All factory certifications are renewed annually. Please feel free to contact me with questions or comments pertaining to our factory certifications. Thank you for your continued support and business. Sincerely, Rlc� a rdJ M u.rP k U National Sales Manager, Pool Division SOL UTIONS FOR AQUATIC HEATING EMATO CORP. May 5, 2011 Mr. Ryan Stendell CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 Re: Technician Certification — Knorr Systems, Inc. Dear Mr. Stendell: Pursuant to a request from Rich Robert, President, Knorr Systems, Inc., this letter is to verify that KSI's Field Service Technician have been certified by Nemato Corp. to service, repair, install, and start-up/commission Nemato Corp manufactured filtration systems, including but not limited to The Eko3 Systems high rate sand systems, National Series high rate sand systems and National/Atlas regenerative filter systems. Further Knorr Systems, Inc. is our only authorized distributor and service provider in the State of California. Contact me should you have any questions. Best Regards, Stave Amdrews Steve Andrews President NEMATO CORP. 1605 McEwen Drive, Whitby, Ontario, Canada UN 71-4 Tel: (905) 571-5305 Toll Free: 1-800-361-5025 Fax: (905) 571-3935 www.nemato.com mail@nemato.com L G� TECHNCOLOGY May 5, 2011 Mr. Ryan Stendell CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 Re: BECS Technology Water Chemistry and Filter Backwash Controllers Verification of Technical Certification Dear Mr. Stendell: Please accept this letter as verification that Knorr Systems, Inc. is our sole equipment distributor and certified factory trained technicians; each having attended BECS Technologies technician training courses. The certification is valid for the current year, 2011 and must be renewed annually. These technicians are certified by BECS to install, repair, calibrate, download, service and commission our entire line of BECS controllers: Joe Fleuette, Mario Garcia, Tim McCullough, Don Peterson, Justin Gutcher, Scott Hamel, Mark St. George, Mike Vandegrift, George Olinger, Borzou Talebi, Brian Parks and Nate Hagner Please feel free to contact me if you require further information. Best regards, OW& 2) 5&4dz and Brett D. Steinbrueck President BECS Technology, Inc. 9487 Dielman Rock Island Industrial Drive, St. Louis, Missouri 63132 (314) 567-0088 (314) 567-0610 FAX www.bees.com National Recreation and Park Association This is to attest that Michael Smith is a certified Aquatic Facility Operator G Certification Number 100012 Expiration Date 6/30/11 National Recreation and Park Association This is to attest that Richard Robert is a certified Aquatic Facility Operator Certification Number 100011 6/30/11 _,__ Expiration Date National Recreation and Park Association This is to attest that Joseph W. Fleuette is a certified Aquatic Facility Operator Lef .%! 504267 06/30/11 Certifrcation Number Expiration Date I lep-. > CA ,CD H O f"F Omni 0 CD Co O N • f-+ommod CD w C x o Owd: •� p o 0 0 H o ��� n �__ o r+ (D r�5. It o �]fi (D (D r ♦ a O t Lca f1♦ r/�, 1 V CD O U O Un � � Q V5 r-f- rD Omni 0 CD IITI n ID � CD 0 CL m �J 0 o•, ecoSpitiopof )I � . u •spOYti�" The Board o, f Mreetors of the National Swimming Pool Foundation Certifies That Michael S. Smith Has Completed All Necessary Requirements for Certification As A ertified,-Foofj�pa Operator"" As Required By The 92*101201 Registration iVo. PX S Jft!vf , i horna� M, Ls.Mocki, Ph D , .D)Vf Erecul'vc (Dfficer August 31, 2011 Expiration Date i0 %mma-4 0 kecogPttop of fichievelpe 4 C E The.Board ,qf, Directors of the National Swimming -Pbol Faundatian Certifies That Has Completed All Necessa-yy Requirenzentsfo?, Certification As A, 92*10486 As Required, e By ThAugust 31, 2011 stration No. IL SW %IRMO, ;riou Tj,omas iM Lidio(;ki, Pli.D , Chiel Ex3cuiive Offin., Expiration Date