CITY OF PALMDALE. REPORT to the Mayor and Members of the City Council from the City Manager

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1 CTY OF PALMDALE REPORT to the Mayor and Members of the City Council from the City Manager DATE: June 6, 2017 SUBJECT: Approval of Amendment No. 1 to Agreement A-5419 to Knorr Systems. nc. to increase contract amount by $30,000 for a new amended contract amount of $80,000 for aquatic equipment repairs SSUNG DEPARTMENT: PUBLC WORKS SUMMARY ssues: Should the City approve Amendment No. 1 to Agreement A-5419 to Knorr Systems. nc. to increase contract amount by $30,000 for a new amended contract amount of $80,000 for aquatic equipment repairs? Recommendation: Staff recommends that the City approve Amendment No. 1 to Agreement A to Knorr Systems. nc. to increase contract amount by $30,000 for a new amended contract amount of $80,000 for aquatic equipment repairs. Fiscal mpact: The additional contract amount of $30,000 is budgeted in Facilities Maintenance Budget BACKGROUND Agreement A-5419 with Knorr Systems, nc. was entered into in March 2016 for a not to exceed contract price of $50,000 and was set to terminate at the end of June Knorr Systems, nc. is a sole source contractor who provides maintenance and asneeded service to swimming pool and aquatic equipment at Drytown Waterpark, Marie Kerr pool, Oasis pool, and McAdam pool. $35,000 of the $50,000 contract has already been spent on repairs to aquatic equipment at Drytown Water Park and Marie Kerr Pool. $30,000 in additional funds will be needed prior to the termination of the

2 Report to the Mayor and the City Council Amendment No. 1 A-5419 June 6, 2017 Page 2 Page 2 agreement at the end of June 2018 so that adequate funds are available for needed repairs in a timely manner. Su~ Reviewed by: Mfke Mischel Director of Public Works Attachment: A-5419 Amendment

3 . Agreement No. A-5419 FRST AMENDMENT TO AGREEMENT NO. A-5419 BETWEEN THE CTY OF PALMDALE AND KNORR SYSTEMS, NC TO AMEND CONTRACT TERM FOR CONTRACTNG SWMMNG AND AQUATC EQUPMENT AS-NEEDED REPAR SERVCES This First Amendment To Agreement No. A-5419 between the City Of Palmdale and Knorr Systems, nc. to increase contract price by $30,000 for a new contract price of $80,000 is made and entered into this 5th day of June, 2017 by and between the City of Palmdale (hereinafter called "City") and Knorr Systems, nc. (hereinafter called "Contractor"). WHEREAS, Contract price is increased by $30,000 for a new contract price of $80,000 due to the original amount of contract being expended for swimming and aquatic equipment repairs. WHEREAS, CONTRACTOR represents that the CONTRACTOR has the expertise and is qualified to perform the contracting services. WHEREAS, CONTRACTOR has met the legal requirements to perform said consulting services. NOW THEREFORE, the parties agree as follows: 1. Section 5, PRCE, is amended to $80, Exhibit B, Fee Schedule, is amended to change the "not to exceed" contract price amount to $80, All other terms and conditions remain in full force and effect. \\DALLAS\maintadmin\Knorr Systems\A Amendment 1.doc

4 Page 2 of 2 Agreement No. A-5419 n Witness Whereof, the parties hereto have caused this Contract to be executed and attested by their respective officers thereunto duly authorized. CTY OF PALMDALE: James C. Ledford MAYOR Date KNORR SYSTEMS, NC \< ~ Richard Robert, Vice President Date ADDRESS FOR NOTCE ADDRESS FOR NOTCE City of Palmdale Public Works Maintenance rd Street East, Suite C Palmdale, California KNORR SYSTEMS, NC 2221 Standard Avenue Santa Ana, California (714) Wm. Matt w Ditzhazy City Attorney 7 ATEST: Rebecca J. Smith City Clerk A TEST: f Corporation ~,..

5 Agreement No. A-5419 EXHBT B FEE SCHEDULE Costs for services as described in Exhibit A, Scope of Work, is as follows: Fiscal Year 2015/2016 (April 01, June 30, 2016): *Preventative Maintenance as outlined in detail in Exhibit A: $ per hour Standard Labor Rate for as-needed repairs: $ per hour per technician Emergency Repairs Labor Rate: $ per hour After Hours Overtime Labor Rate: $ per hour per technician Travel Rate: per hour per technician - maximum charge of 4 hours Fiscal Year 2016/2017 (July 01, June 30, 2017): *Preventative Maintenance as outlined in detail in Exhibit A: $ per hour Standard Labor Rate for as-needed repairs: $ per hour per technician Emergency Repairs Labor Rate: $ per hour per technician After Hours Overtime Labor Rate: $ per hour per technician Travel Rate: per hour per technician - maximum charge of 4 hours Fiscal Year 2017/2018 (AJuly 01, June 30, 2018): *Preventative Maintenance as outlined in detail in Exhibit A: $ per hour Standard Labor Rate for as-needed repairs: $ per hour technician Emergency Repairs Labor Rate: $ per hour per technician After Hours Overtime Labor Rate: $ per hour per technician Travel Rate: per hour per technician - maximum charge of 4 hours Materials will be marked-up 20%. CONTRACTOR to supply vendor invoice to justify 20% mark-up amount All invoices to be detailed according to the Scope of Work and priced according to Fee Schedule *Preventative Maintenance Rates additional note: Rate could be increased dependent on the rates set forth by State of California's DR. Based on current rate increases, the estimated annual increase would be approximately 1.03%. This increase only applies to the Preventative Maintenance Rates, no other rates can be increased during the term of this agreement. All labor to be paid at prevailing wage rates and CONTRACTOR to remain registered with the State of California as a Public Works Contractor. Any and all fees associated with this State requirement are the responsibility of the CONTRACTOR. City may

6 Page 2 Agreement No. A-5419 require certified payroll records for any work completed under the terms of this agreement. CONTRACT price not to exceed $80,000. CTY makes no guarantee the total contract price will be expended during the term of this agreement.

A C ORD CERTFCATE OF LABLTY NSURANCE ~ DATE (MM/DDYYYY 03/23/2017 THS CERTFCATE S SSUED AS A MATTER OF NFORMATON ONLY AND CONFERS NO RGHTS UPON THE CERTFCATE HOLDER.

7 A C ORD CERTFCATE OF LABLTY NSURANCE ~ DATE (MM/DDYYYY 03/23/2017 THS CERTFCATE S SSUED AS A MATTER OF NFORMATON ONLY AND CONFERS NO RGHTS UPON THE CERTFCATE HOLDER. THS CERTFCATE DOES NOT AFFRMATVELY OR NEGATVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLCES BELOW. THS CERTFCATE OF NSURANCE DOES NOT CONSTTUTE A CONTRACT BETWEEN THE SSUNG NSURER(S), AUTHORZED REPRESENTATVE OR PRODUCER, AND THE CERTFCATE HOLDER. MPORTANT: f the certificate holder is an ADDTONAL NSURED, the policy(les) must be endorsed. f SUBROGATON S WAVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder n lieu of such endorsement(s). PRODUCER CONTACT NAME: Marsh USA, nc. PHONE FAX Two Alliance Center ' All;, No,!;gU: AJC Nol: 3560 Lenox Road, Suite 2400 E-MAL ADDRESS: Atlanta, GA Attn: Allan\a.CertRequest@marsh.com Fax: NSURERSl AFFORDNG COVERAGE NAC# CAS.-GAUWX NSURER A : Westchester Surplus Lines nsurance Co NSURED NSURER B : National Union Fire ns Co. of Pittsburgh PA Knorr Systems, nc S. Standard Ave. NSURER C : AG Santa Ana, CA NSURER D : Travelers Property Casualty Company Of America NSURER E : Liberty nsurance Underwriters nc NSURER F: COVERAGES CERTFCATE NUMBER: ATL REVSON NUMBER:2 THS S TO CERTFY THAT THE POLCES OF NSURANCE LSTED BELOW HAVE BEEN SSUED TO THE NSURED NAMED ABOVE FOR THE POLCY PEROD NDCATED. NOTWTHSTANDNG ANY REQUREMENT, TERM OR CONDTON OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHCH THS CERTFCATE MAY BE SSUED OR MAY PERTAN, THE NSURANCE AFFORDED BY THE POLCES DESCRBED HEREN S SUBJECT TO ALL THE TERMS, EXCLUSONS AND CONDTONS OF SUCH POLCES. LMTS SHOWN MAY HAVE BEEN REDUCED BY PAD CLAMS_ NSR AliN~otrn. TYPE OF NSURANCE l~llc"f"\ larll"'\ LTR POLCY NUMBER (~g~grvwv,,~g~~%~1 LMTS A x COMMERCAL GENERAL LABLTY G A /01/ /01/2018 EACH OCCURRENCE $ 2,000,000 ~ =i CLAMS-MADE 0 OCCUR ~~~~~~JY~=ncel $ x SR $50,000 Per Occ. MED EXP (Any one person) $ EXCLUDED - PERSONAL & ADV NJURY $ 2,000,000 - GEN'L AGGREGATE LMT APPLES PER: GENERALAGGREGATE $ 4,000,000 PRO- DLOC PRODUCTS COMP/OP AGG $ 4,000,000 POLCY JECT OTHER: POLCY AGGREGATE $ 10,000,000 D AUTOMOBLE LABLTY T J-CAP-9D897065TL-16 10/03/ /01/2017 )i;~~=~ 1 ~1NGLE LMT s 1,000,000 B - x ANY AUTO BODLY NJURY (Per person) $ - ALL OWNED SCHEDULED BODLY NJURY (Per accident) $ - AUTOS - AUTOS NON-OWNED FROPERTY DAMAGE HRED AUTOS $ AUTOS PeraoddenU - - Comp./Coll. Ded.: $1,000 $ - x UMBRELLA LAB BE /03/ /01/2017 ~ OCCUR EACH OCCURRENCE $ 25,000,000 EXCESS LAB CLAMS-MADE AGGREGATE $ 25,000,000 OED x RETENTON $ $ c WORKERS COMPENSATON WC (AOS) 10/03/ /01/2017 x PER OTH- AND EMPLOYERS' LABLTY c Y N ANY PROPRETOR/PARTNER/EXECUTVE WC (CA) 10/03/ /01/2017 OFFCER/MEMBER EXCLUDED? N/A [!] STATllT~ ER EL EACH ACCDENT $ 1,000,000 {Mondiltory n NH) E.L DSEASE - EA EMPLOYEE $ 1,000,000 ~~sc~rti[~~ ~~'gperatl~ns below E.L. DSEASE - POLCY LMT $ 1,000,000 E Excess Umbrella /01/ /01/2017 Each Occurrence 25,000,000 Aggregate 25,000,000 DESCRPTON OF OPERATONS LOCATONS VEHCLES (ACORD 101, Additional Remarks Schedule, may be attached f more space s required) RE: All Projects City of Palmdale, its officers, officials, agents and employees, are listed as additional insured with respect to general liability in regards to services during each project performed by the nsured, on a primary and noncontributory basis via CG 2010 & CG 2037, when required by written contract. A Waiver of Subrogation applies in favor of the additional insured on the Workers Compensation policy where required by wrillen contract. CERTFCATE HOLDER CANCELLATON City of Palmdale SHOULD ANY OF THE ABOVE DESCRBED POLCES BE CANCELLED BEFORE 3911 O 3rd Street East THE EXPRATON DATE THEREOF, NOTCE WLL BE DELVERED N Suite C ACCORDANCE WTH THE POLCY PROVSONS. Palmdale, CA ACORD 25 (2014/01) AUTHORZED REPRESENTATVE of Marsh USA nc. The ACORD name and logo are registered marks of ACORD Manashi Mukherjee Jolo..-..AOOl-..L ~ ACORD CORPORATON. All rights reserved.

8 NSURED: RECESS HOLDNGS, NC. POLCY EFFECTVE DATES: POLCY NUMBER: G A 001 NSURER AFFORDNG COVERAGE: Westchester Surplus Lines nsurance Co. COMMERCAL GENERAL LABLTY CG THS ENDORSEMENT CHANGES THE POLCY. PLEASE READ T CAREFULLY. ADDTONAL NSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANZATON This endorsement modifies insurance provided under the following : COMMERCAL GENERAL LABLTY COVERAGE PART SCHEDULE Name Of Additional nsured Person(s) Or Oraanization(s) Blanket as required by written contract Location(s) Of Covered Ooerations nformation required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section - Who s An nsured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. f coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. Wth respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG nsurance Services Office, nc., 2012 Page 1of2

9 C. \Mth respect to the insurance afforded to these additional insureds, the following is added to Section ll - Limits Of nsurance: f coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of nsurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of nsurance shown in the Declarations. Page 2 of2 nsurance Services Office, nc., 2012 CG

10 NSURED: POLCY EFFECTVE DATES: RECESS HOLDNGS, NC NSURER AFFORDNG COVERAGE: Westchester Surplus Lines nsurance Co. POLCY NUMBER: G A 001 COMMERCAL GENERAL LABLTY CG THS ENDORSEMENT CHANGES THE POLCY. PLEASE READ T CAREFULLY. ADDTONAL NSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATONS This endorsement modifies insurance provided under the following : COMMERCAL GENERAL LABLTY COVERAGE PART PRODUCTS/COMPLETED OPERATONS LABLTY COVERAGE PART SCHEDULE Name Of Additional nsured Person(s) Or Organization(s) Blanket as required by written contract Location And Description Of Comoleted Operations nformation required to complete this Schedule, if not shown above will be shown in the Declarations. A. Section - Who s An nsured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted bylaw; and 2. f coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section ll - Limits Of nsurance: f coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of nsurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of nsurance shown in the Declarations. CG nsurance Services Office, nc., 2012 Page 1of1

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