HomeMy WebLinkAboutC31090 Pump Maintenance and Repair at City Parks, Civic Center, Soccer and Freedom ParkContract No. C31090
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C31090 FOR THE PUMP
MAINTENANCE AND REPAIR FY 2011-2013 TO AUTOMATED
POWER SPECIALTIES & ELECTRICAL OF MURRIETA,
CALIFORNIA, IN THE AMOUNT OF $10,304
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: Automated Power Specialties & Electrical
25722 Barclay Drive
Murrieta, CA 92563
DATE: September 29, 2011
CONTENTS: Agreement
Proposal
Recommendation
By Minute Motion, award Contract No. C31090 for Pump Maintenance and
Repair 2011-2013 to Automated Power Specialties & Electrical of
Murrieta, California, in the amount of $10,304.
Funds are available in the General Fund Account No. 110-4610-453-3320,
Repair/Maintenance Landscape Services and 110-4611-453-3320, Repair/Maintenance
Landscape Services.
Background
This contract provides routine maintenance and repair services for City irrigation pumps
and their related components located at Civic Center Park, Soccer Park, and Freedom
Park.
On August 28, 2011, staff advertised and called for bids. Bids were opened on Friday,
September 9, 2011, at 4:00 p.m. with the following results:
Contract No. C31090
Staff Report
Pump Maintenance and Repair 2011-2013
September 29, 2011
Page 2 of 2
Contractor
Location
Price
1
Automated Power Specialties
Murrieta, CA
$10,304.00
2
PumpMan, Inc.
Baldwin Park, CA
$10,506.09
3
Hidden Valley Pump Systems,
1 nc.
Valley Center, CA
$53,130.00
Staff reviewed the bid documents of Automated Power Specialties & Electrical and
found them to be accurate.
Repair work covers unquantifiable repair activities necessary for the operation of the
pumps and related equipment. It is not part of the basic contract and will be billed as
necessary per the specified hourly schedule, plus a 15% markup on parts and materials
up to $25,000. Any repair work greater than $25,000 will be put out to bid.
Fiscal Analysis
This is an on -going maintenance activity with no fiscal impact beyond the contract
amount.
Prepared By:
Departmeryt H
H'. e er K t, ds'-ape Manager Mark Greenwood, P.E.
Director of Public Works
Paul S. on, F' ance Director David J. Erwin, City Attorney
CITY COUNCILAC ION
APPROVED DENIED -
ApprQv.�l: RECEIVED OTHER
NIEETING DATE
AYES: i K r
Joh . Wohlmuth, City Manager NOES:
ABSENT:
/bb ABSTAIN: �-
VERIFIED BY:
Original on File with �(2rice
C31090
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
CONTRACT NO. C31090
AGREEMENT
THIS AGREEMENT is made and entered into in the City of Palm Desert on this
291h day of September, 2011, by and between THE CITY OF PALM DESERT, a
municipal corporation, hereinafter referred to as "CITY," and Automated Power
Specialties and Electrical , hereinafter referred to as "CONTRACTOR."
WITNESSETH:
WHEREAS, on August 28, 2011, CITY issued a request for bid proposals for
PUMP MAINTENANCE AND REPAIR 2011-2013; and
WHEREAS, pursuant to said request, CONTRACTOR submitted a proposal,
which was accepted by CITY for said services,
NOW, THEREFORE, in consideration of their mutual promises, obligations, and
covenants hereinafter contained, the parties hereto agree as follows:
(1) TERM The term of this Agreement shall be from NOVEMBER 1, 2011 through
JUNE 30, 2013, or to such later date as may be agreed in writing between
parties. The term may be extended one time for a twelve-month period upon
mutual agreement.
(2) CITY'S OBLIGATIONS For furnishing services, as specified in this Agreement,
CITY will pay and CONTRACTOR shall receive in full compensation therefor the
total sum not to exceed Ten Thousand Three Hundred Four dollars
($ 10,304 ), billed and payable at the annual quarter, in arrears, as established
in the proposal attached hereto as Exhibit A. The first "annual quarter" of this
contract shall be defined as November and December, 2011. The total sum shall
be divided evenly by seven (7) quarters.
(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, 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
C31090
the CITY, its officials, officers, employees, agents, and representatives as to any
such claims, lawsuits, liabilities or damages.
(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 $1,000,000 per occurrence, and $2,000,000 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 as an
additional insured in accordance with the language below.
(b) Worker's Compensation Insurance. A policy of worker's compensation
insurance in such amount as will fully comply with the laws of the State of
California and which will include $1,000,000 employer's liability.
(c) Business Automobile Insurance. A policy of business automobile liability
insurance written on a per occurrence basis with a single limit liability in the
amount of $1,000,000 bodily injury and property damage. Said policy shall
include coverage for owned, non -owned, leased and hired cars.
The General Liability Policy shall be primary and non-contributing insurance or
endorsed to be primary and non-contributing insurance.
The Commercial General Liability insurance policy shall add "the CITY, its
officers, employees and agents" as additional insured. If the contract is with a
City Agency the Commercial General Liability insurance policy shall add "the
City, the Agency, its officers, employees and agents" as additional insured.
The insurer shall waive all rights of subrogation and contribution it may have
against CITY, its officers, employees and agents, and their respective insurers. In
the event any of said policies of insurance are canceled, CONTRACTOR shall,
prior to the cancellation date, submit new evidence of insurance in conformance
with this Section to CITY.
No work or services under this Agreement shall commence until CONTRACTOR
has provided CITY with (1) Certificates of Insurance and (2) Additional Insured
Endorsements that are approved by CITY.
In the event CONTRACTOR subcontracts any portion of the work, the contract
between CONTRACTOR and such subcontractor shall require the subcontractor
to maintain the same policies of insurance that CONTRACTOR is required to
maintain pursuant to this Section.
C31090
(6) AMENDMENTS Any amendment, modification, or variation from the terms of
this Agreement shall be in writing, signed by CONTRACTOR and approved by
the City Manager of the CITY.
(7). INCORPORATED BY REFERENCE The Notice Inviting Bids; Contract
Specifications; CONTRACTOR's Bid/Proposal Submission Form(s), Addenda;
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 which records
shall be maintained and available for a period of at least three years.
(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:
Office of the City Clerk
CITY OF PALM DESERT
73-510 Fred Waring Drive
Palm Desert, CA 92260
If to CONTRACTOR:
Adre Bleau
Automated Power Specialties and Electrical
25722 Barclay Drive
Murrieta, CA 92563
(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.
C31090
(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.
(14) Either party may terminate this Contract with thirty (30) days written notice for
any reason.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed the day and year first hereinabove written.
CITY OF PALM DESERT
A Municipal Corporation
John M. Wohlmuth, City Manager
ATTEST:
Rachelle D. Klassen, City Clerk
APPROVED AS TO FORM:
David J. Erwin, City Attorney
CONTRACTOR
APPROVED AS TO CONTENT:
Mark Greenwood, P.E.
Director of Public Works
C31090
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 (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)
C31090
Exhibit A
CONTRACTOR'S PROPOSAL
(See attached)
Sep 08 2011 12:49PM APS 9512391991 page 2
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
PUMP MAINTENANCE AND REPAIR 2011-2013
CONTRACT NO. C31090
CONTRACTOR'S BIDIPROPOSAL (2 PAGES, BOTH REQUIRED)
The undersigned declares that he/she has carefully examined the Notice Inviting Bids, the Contract
Specifications, and the Contract Agreement; 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 routine maintenance described in the
specifications. The total contract cost shall be indicated and the services shall be invoiced upon
completion of each quarter. Because this is a twenty -month contract, the first quarter services shall be
performed during the first two months of the contract and invoiced at the conclusion of that time period,
The costs of any work shown or required in the Specifications, but not specifically identified as a Pay item
are included in the Pay Items, and no additional compensation shall be due Contractor by virtue of
Contractors compliance with the Specifications.
In the event that this contract is extended by the optional twelve-month period, the quarterty amount
indicated above shall by multiplied by four to arrive at the contract amount for the twelve-month extension
period.
Company Name
r- tlUrrldA, Cg
Complete Address
CE, I % 4S+ 1ta4 164-7 d
Telephone and Fax
Bid Prepared By (Name and Title)
Signature
Sep 08 2011 12:50PM APS 9512391991 page 3
CONTRACTOR'S BID PROPOSAL PER LOCATION
(PROVIDED FORACCOUNTING PURPOSES)
REQUIRED AT TIME OF 111D
Sep 08 2011 12:49PM APS 9512391991
page 1
APS
Automated Power Specialties & Electrical
License# 939573
25722 Barclay Drive, Murrieta, Ca. 92563
TELEPHONE (951) 834-6478
FAX (951) 239-1991
FACSIMILE TRANSMISSION
To: Public Works Department From: Andre Bieau
Fax: (760) 341-7098 Pages: 2 plus cover
Phone: (760) 776-6450 Date: September 8, 2011
Re:
CC:
❑ Urgent X for Review ❑ Please Comment ❑ Please
• Comments:
Contractor Bid Proposal C31090
Thank you for your Support
Reg ds
Andre Bleau
APS