HomeMy WebLinkAboutKnorr Systems Inc; 2010-04-12;AGREEMENT FOR Pool Heater Maintenance SERVICES
Knorr Systems, Inc.
THIS AGREEMENT is made and entered into as of the /U- day of
20 IP. by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), ar>d Knorr Systems. Inc.. a pool equipment service contractor.
RECITALS
City requires the professional services of a pool equipment service contractor that is
experienced in servicing and maintaining Lochinvar CPN2071 pool heaters. Contractor has the
necessary experience in providing these professional services, has submitted a proposal to City
and has affirmed its willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. Scope of Work. City retains Contractor to perform, and Contractor agrees to render,
those services (the "Services") that are defined in Exhibit "A", attached and incorporated by this
reference in accordance with the terms and conditions set forth in this Agreement.
2. Term. This Agreement will be effective for a period of 1 year from the date first above
written.
3. Compensation. The total fee payable for the Services to be performed will be two
thousand six hundred and twenty dollars ($2620). No other compensation for the Services will
be allowed except for items covered by subsequent amendments to this Agreement. City
reserves the right to withhold a ten percent (10%) retention until City has accepted the work
and/or the Services specified in Exhibit "A."
4. Status of Contractor. Contractor will perform the Services as an independent contractor
and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor
will be under the control of City only as to the results to be accomplished.
5. Indemnification. Contractor agrees to indemnify and hold harmless the City and its
officers, officials, employees and volunteers from and against all claims, damages, losses and
expenses including attorneys fees arising out of the performance of the work described herein
caused by any negligence, recklessness, or willful misconduct of the Contractor, any
subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that
this section will survive the expiration or early termination of this Agreement.
6- Insurance. Contractor will obtain and maintain policies of commercial general liability
insurance, automobile liability insurance, a combined policy of workers' compensation,
employers liability insurance, and professional liability insurance from an insurance company
City Attorney Approved Version #1 1 .28.06
authorized to transact the business of insurance in the State of California which has a current
rating in the Best's Key Rating guide of at least A-:V in an amount of not less than five hundred
thousand dollars ($500,000) each, unless otherwise authorized and approved by the City
Attorney or the City Manager. Contractor will obtain occurrence coverage, excluding
Professional Liability, which will be written as claims-made coverage. The insurance will be in
force during the life of this Agreement and will not be canceled without thirty (30) days prior
written notice to the City by certified mail. City will be named as an additional insured on General
and Automobile liability. Contractor will furnish certificates of insurance to the Contract
Department, with endorsements to City prior to City's execution of this Agreement.
7. Conflict of Interest. City will evaluate Contractor's duties pursuant to this Agreement to
determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code
is required of Contractor or any of Contractor's employees, agents or subcontractors. Should it
be determined that disclosure is required, Contractor or Contractor's employees, agents, or
subcontractors will complete and file with the City Clerk those schedules specified by City and
contained in the Statement of Economic Interests Form 700.
8. Compliance With Laws. Contractor will comply with all applicable local, state and federal
laws and regulations prohibiting discrimination and harassment and will obtain and maintain a
City of Carlsbad Business License for the term of this Agreement.
9. Termination. City or Contractor may terminate this Agreement at any time after a
discussion, and written notice to the other party. City will pay Contractor's costs for services
delivered up to the time of termination, if the services have been delivered in accordance with
the Agreement.
10. Claims and Lawsuits. By signing this Agreement, Contractor agrees it may be subject to
civil penalties for the filing of false claims as set forth in the California False Claims Act,
Government Code sections 12650, et sea., and Carlsbad Municipal Code Sections 3.32.025, et
sea. Contractor further acknowledges that debarment by another jurisdiction is grounds for the
City of Carlsbad to terminate this Agreement.
11. Venue and Jurisdiction. Contractor agrees and stipulates that the proper venue and
jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the
State Superior Court, San Diego County, California.
12. Assignment. Contractor may assign neither this Agreement nor any part of it, nor any
monies due or to become due under it, without the prior written consent of City.
13. Amendments This Agreement may be amended by mutual consent of City and
Contractor. Any amendment will be in writing, signed by both parties, with a statement of
estimated changes in charges or time schedule.
14.Authority.. The individuals executing this Agreement and the instruments referenced in it on
behalf of Contractor each represent and warrant that they have the legal power, right and actual
authority to bind Contractor to the terms and conditions of this Agreement.
City Attorney Approved Version #11.28.06
CITY OF CARLSBAD, a municipal
corporation of the State of California
CONTRACTOR
*By
By:n
ity MaCity Manager Of Mayo
(e-mail address)/
If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a
Corporation. Agreement must be signed by one corporate officer from each of the following two groups.
*Group A.
Chairman,
President, or
Vice-President
Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By:
Deputy City Attorney ^
City Attorney Approved Version #11.28.06
ALL-PURPOSE ACKNOWLEDGMENT
<=>OOxCX3<>C>O<7
State of California
County of Ljfly^QjL:
on i'/}^fd/} £y, ,3u\DDATEr- jpersonally appeared V o T.l f(\
}s,
if* I/ V 1 /V » '1 / i kl 1*4 i"X'r*"\ I « ' /""* ""•*•%, before me, [_f (61 M 6^ r-tJUT Uff 2 > V
YJ[]£gjdr fi SvSCL^ c- ^ y1)/ jdA£/tC, who proved to me on the S
basis of satisfactory evidence to be the persopj[s)^whose name(s),
and ackntrwle
MARIA RAMIREZ
COUM.11664641 ,31 HOTAW PUBUC-CAliFORNW «J
ORAHOE COUNTYMr Com, ar l/Ur 7.2010 ?
subscribed to the wilhjn instrument
me that he/sJae^neV^xecuted the
same in IwsThej^tAej*'authorised capaciw(iespand that
by bJ^be^/^irTsignature^) on the instrument the
persor^gVofihe entity upon behalf of which the
perscta(s)4cted, executed the instrument.^y
\ 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.
PLACE NOTARY SEAL IN ABOVE SPACE
OPTIONAL INFORMATION
The information below is optional. However, it may prove valuable and could prevent fraudulent attachment
of this form to an unauthorized document.
TITLE(S)
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
n INDIVIDUAL
n CORPORATE OFFICER
fj PARTNER(S)
n ATTORNEY-IN-FACT
n TRUSTEE(S)
Q GUARDIAN/CONSERVATOR
n OTHER:
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER (PRINCIPAL) IS REPRESENTING
NAME OF PERSON(S) OR ENTITY(JES)RIGHT
THUMBPRINT
OF
SIGNER
APA 01/2008 NOTARY BONDS. SUPPLIES AND FORMS AT HTTP://WWW VALLEY-SIERRA.COM C 2005-2008 VALLEY-SIERRA INSURANCE
EXHIBIT "A"
SCOPE OF SERVICES
CARLSBAD SWIM COMPLEX LOCHrNVAR CPN2071
Maintenance Program Schedule
• 2 Complete heater cleanings and 2 follow up inspections.
Semi-Annual Maintenance and Service
• Heater disassembly to facilitate inspection and cleaning of burners and gas manifolds.
• Upper cabinet cleaning including disassembly of fans in order to clean fan squirrel cages.
• Clean heat exchanger and vacuum cabinet.
• Test and set gas manifold pressures.
• Test and set combustion air cabinet pressures.
• Confirm proper vent draft.
• Lubricate booster pump bearing assembly.
• Complete chemical evaluation to confirm proper water balance parameters in order to assure correct
Saturation and Ryzner Indexes.
• The above to be done at 6 month intervals.
Semi-Annual Inspection
• Test and set gas manifold pressures.
• Test and set combustion air cabinet pressures
• Confirm proper vent draft
• Test and set inlet water temperature and delta temperature
• Complete chemical evaluation to confirm proper water balance parameters in order to assure correct
Saturation and Ryzner Indexes.
• To be completed midway between maintenance and service visits
City Attorney Approved Version #11.28.06