R-2016-035 2016-02-22RESOLUTION NO. R2016-35
A Resolution of the City Council of the City of Pearland, Texas, awarding a bid
For the purchase of an Ultraviolet Disinfection System for the Pearland
Natatorium pool, in the amount of $96,766.00, from Knorr Systems, Inc.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That contract pricing for an Ultraviolet Disinfection System for the Pearland
Natatorium pool was obtained through the Texas BuyBoard Cooperative Purchasing Agreement.
Section 2. That the City Council hereby awards the bid to Knorr. Inc., in the amount
of $96,766.00.
Section 3. The City Manager or his designee is hereby authorized to execute a
Contract for the purchase of an Ultraviolet Disinfection System for the Pearland Natatorium pool.
PASSED, APPROVED and ADOPTED this the 22`"' day of February, A.D., 2016.
ATTEST:
NG
Y SE ' ETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Resolution No. R2016-35
Exhibit "A"
OM KNORR SYSTEMS, INC.
www knorrsystems com
EQUIPMENT QUOTATION
DATE: February 12,2016
FROM: Todd Smith
TO: Bob Fitzpatrick - City of Pearland
REFRENCE: Hanovia UV
P/N
MFG QTY DESCRIPTION PRICE EACH
UV Swim U 150 - 6D Aquionics 1
UV Swim U 320 - 10E Aquionics 2
Intallation
Knorr
Systems
One (1) Aquionics Hanovia UV Swim"' U 150-6D 316L
stainless steel, medium pressure ultraviolet disinfection
system with 6" flanged end connections; one (1) 2.5kW UV
lamp with 8,000 hour life, remote start/ stop, automatic
wiper system, NEMA 12 control cabinet (208 volt), 60' power
and lamp cables; NSF/ANSI Standard 50 Listed
Two (2) Aquionics Hanovia UV Swim'" U 320-10E 316L
stainless steel, medium pressure ultraviolet disinfection
system with 10" flanged end connections; one (1) 5.5kW UV
lamp with 8,000 hour life, remote start/ stop, automatic
wiper system, NEMA 12 control cabinet (480 volt), 60' power
and lamp cables; NSF/ANSI Standard 50 Listed
EXTENDED
TOTAL
21,602.00 21,602.00
33,004.00 66,008.00
Installation of two (2) hanovia UV Swim U 320 - 10E and one
(1) UV Swim U 150 - 6D. This work to be conducted by KSI
factory trained technician including the following; bypass
1 loops on both systems, all plumbing/hardware needed to 7,500.00 7,500.00
complete the physical installation, start up the equipment,
verify proper operation, and operator training. Owner to
provide any electrical work needed.
Terms and Conditions
Subtotal
Sales Tax (8.25%)
Estimated Freight
Total
Payment: Net 30 days from date of invoice, subject to approval of credit
Quoted equipment will not be subject to project retention and invoices must be paid in full
$95,110.00
$0.00
$0.00
595,110.00
Interest: 18% APR is charged on all past due invoices
Returns: Returns MUST be pre -approved, shipped prepaid and accompany written return authorization
Restock: A MINIMUM 20% restock fee applies to all returns; % is based on actual manufacturer restock fee
Freight: F.O.B. individual ship points; refer to estimated freight costs above
Sales Tax: Subject to sales tax rate as noted above
Notes: Pricing valid through March 31, 2016
Equipment shipments to be scheduled by January 30, 2017
Verification of equipment items & quantities is the sole responsibility of the contractor, prior to bid
A deposit may be required by some manufacturers for custom orders
Contractor to review and approve all required product order forms and drawings, prior to order
2/12/2016
Start Up: Mechanical equipment start up is provided at no charge by KSI's Service Department
On-site equipment commissioning is determined by size/type equipment provided.
Contractor is required to call KSI's Service Coordinator at least TWO WEEKS prior to requested
commissioning date to schedule technician(s).
Incomplete site visits made by KSI Service personnel due to project delays, unfinished or
incorrect installation WILL BE INVOICED to contractor on time & material basis
($100.00 per hour plus travel).
NOTE: KSI's start up work does NOT include electrical, plumbing, equipment installation, etc.
After start up is complete and equipment is operational, KSI will provide one additional on
site visit for owner training. Additional training visits will be invoiced at $100.00 per hour plus travel
In an effort to eliminate potential delays at start up, a KSI Service representative will contact
project after submittal review to discuss manufacturer installation recommendations and
to address potential installation concerns
Please review the sales quote for accuracy. If acceptable, please complete below and return to KSI - South Central Office. Scan
completed form and e
co Kat Melton at katm@knorrsystems.com or fax to our office at (972) 732-0305.
February 22, 2016
'App ed by
Clay Pearson, City Manager
Print Name - Title
2/12/2016
Date
Purchase Order
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
Resolution No. R2016-35
Exhibit "A"
General Services Contract
This Contract (Contract) is made between the City of Pearland, Texas (City), and Contractor.
The City and Contractor agree to the terms and conditions of this Contract, which consists of the
following parts:
I. Summary of Contract Terms
II. Signatures
III. Standard Contractual Provisions
IV. Special Terms and Conditions
V. Additional Contract Attachments
I. Summary of Contract Terms.
Contractor:
Description of Services:
Contract Amount:
Effective Date:
Termination Date:
Renewal:
Knorr Systems Inc.
2221 S Standard Ave
Santa Ana, CA 92707
Contractor will provide and install the Aquionics Hanovia UV Swim
stainless steel, medium pressure ultraviolet disinfection system, per
the specifications of quote and resolution #R2016-35, and
remove/discard the existing UV system.
Unit Price Contract, Estimated at $95,110.00.
2/23/2016
5/27/2016
None contemplated at this time.
II. Signatures. By signing below, the parties agree to the terms of this Contract:
CITY OF ARLAND*
L--
PurtTfaa..Oijicer
Signed by: Date: O3• DI - 1 (p
✓ City Manager
Assistant City Manager
Director
Program Manager
*Contract Signature Authority:
Zin(tu
Date Tt1e- M.
Date: 2 i
CONTRAC
Program Manager -$5,999 or Tess
Director - $6,000 to $30,000
City Manager/Assistant City Managers - $30,001 to $50,000
City Council Resolution - $50,000+
III. Standard Contractual Provisions.
A. Definitions.
Contract means this Standard Services Contract.
Services means the services for which the City solicited bids or received proposals as
described in Exhibit A, attached hereto.
B. Services and Payment. Contractor will furnish Services to the City in accordance with the
terms and conditions specified in this Contract. Contractor will bill the City for the Services
provided at intervals of at least 30 days, except for the final billing. The City shall pay Contractor
for the Services in accordance with the terms of this Contract, but all payments to be made by
the City to Contractor, including the time of payment and the payment of interest on overdue
amounts, are subject to the applicable provisions of Chapter 2251 of the Government Code.
C. Termination Provisions.
(1) City Termination for Convenience. Under this paragraph, the City may terminate
this Contract during its term at any time for the City's own convenience where the
Contractor is not in default by giving written notice to Contractor. If the City terminates
this Contract under this paragraph, the City will pay the Contractor for all services
rendered in accordance with this Contract to the date of termination.
(2) Termination for Default. Either party to this Contract may terminate this Contract as
provided in this paragraph if the other party fails to comply with its terms. The party
alleging the default will give the other party notice of the default in writing citing the
terms of the Contract that have been breached and what action the defaulting party
must take to cure the default. If the party in default fails to cure the default as specified
in the notice, the party giving the notice of default may terminate this Contract by written
notice to the other party, specifying the date of termination. Termination of this Contract
under this paragraph does not affect the right of either party to seek remedies for
breach of the Contract as allowed by law, including any damages or costs suffered by
either party.
(3) Multi -Year Contracts and Funding. If this Contract extends beyond the City's fiscal
year in which it becomes effective or provides for the City to make any payment during
any of the City's fiscal years following the City's fiscal year in which this Contract
becomes effective and the City fails to appropriate funds to make any required Contract
payment for that successive fiscal year and there are no funds from the City's sale of
debt instruments to make the required payment, then this Contract automatically
terminates at the beginning of the first day of the City's successive fiscal year of the
Contract for which the City has not appropriated funds or otherwise provided for funds
to make a required payment under the Contract.
D. Liability and Indemnity. Any provision of any attached contract document that limits the
Contractor s liability to the City or releases the Contractor from liability to the City for actual or
compensatory damages, loss, or costs arising from the performance of this Contract or that
provides for contractual indemnity by one party to the other party to this Contract is not
applicable or effective under this Contract. Except where an Additional Contract Document
provided by the City provides otherwise, each party to this Contract is responsible for defending
against and liable for paying any claim, suit, or judgment for damages. loss, or costs arising
from that party's negligent acts or omissions in the performance of this Contract in accordance
with applicable law. This provision does not affect the right of either party to this Contract who is
sued by a third party for acts or omissions arising from this Contract to bring in the other party to
this Contract as a third -party defendant as allowed by law.
E. Assignment. The Contractor shall not assign this Contract without the prior written consent
of the City.
F. Law Governing and Venue. This Contract is governed by the law of the State of Texas and
a lawsuit may only be prosecuted on this Contract in a court of competent jurisdiction located in
or having jurisdiction in Brazoria County, Texas.
G. Entire Contract. This Contract represents the entire Contract between the City and the
Contractor and supersedes all prior negotiations, representations. or contracts, either written or
oral. This Contract may be amended only by written instrument signed by both parties.
H. Inde endent Contractor. Contractor shall perform the work under this Contract as an
independent contractor and not as an employee of the City. The City has no right to supervise,
direct, or control the Contractor or Contractor's officers or employees in the means, methods, or
details of the work to be performed by Contractor under this Contract. The City and Contractor
agree that the work performed under this Contract is not inherently dangerous, that Contractor
will perform the work in a workmanlike manner, and that Contractor will take proper care and
precautions to insure the safety of Contractor's officers and employees.
I. Dispute Resolution Procedures. The Contractor and City desire an expeditious means to
resolve any disputes that may arise between them regarding this Contract. If either party
disputes any matter relating to this Contract, the parties agree to try in good faith, before
bringing any legal action, to settle the dispute by submitting the matter to mediation before a
third party who will be selected by agreement of the parties. The parties will each pay one-half
of the mediator's fees.
J. Attorney's Fees. Should either party to this Contract bring suit against the other party for
breach of contract or for any other cause relating to this Contract, neither party will seek or be
entitled to an award of attorney's fees or other costs relating to the suit.
K. Severability. If a court finds or rules that any part of this Contract is invalid or unlawful, the
remainder of the Contract continues to be binding on the parties.
IV. Special Terms or Conditions. None.
V. Additional Contract Documents. The following specified documents attached to this Contract are
part of this Contract, except as follows: any provision contained in any of the Contractor's Additional
Contract Documents specified below that conflicts with a Contract provision not included in the
Contractor's Additional Contract Documents, does not apply to this Contract.
A. Contractor's Additional Contract Documents:
1. The contractor's proposal shall be construed as additional contract documents.
2. Executed Contractor Insurance Requirements & Agreement (required insurance
certificate[s] shall be in possession of City at actual commencement of work).
B. City's Additional Contract Documents:
1. Scope of Services as listed on the attached.
EXHIBIT A
CONTRACTOR'S SCOPE OF SERVICES
Scope of services provided shall consist of the contractor providing and installing the Aquionics
Hanovia UV Swim stainless steel, medium pressure ultraviolet disinfection system, per the
specifications of quote and resolution #R2016-35, and removing/discarding the existing UV system.
Pricing is as follows per contractor's response to the same, as listed below:
P/N
MFG QTY DESCRIPTION
One (1) Aquionics Hanovia UV SwimTM U 150-6D
316L stainless steel, medium pressure
ultraviolet disinfection system with 6" flanged
end connections; one (1) 2.5kW UV lamp with
8,000 hour life, remote start/ stop, automatic
wiper system, NEMA 12 control cabinet (208
UV Swim U 150 volt), 60' power and lamp cables; NSF/ANSI
- 6D Aquionics 1 Standard 50 Listed
Two (2) Aquionics Hanovia UV Swim"' U 320-
10E 316L stainless steel, medium pressure
ultraviolet disinfection system with 10" flanged
end connections; one (1) 5.5kW UV lamp with
8,000 hour life, remote start/ stop, automatic
wiper system, NEMA 12 control cabinet (480
UV Swim U 320 volt), 60' power and lamp cables; NSF/ANSI
- 10E Aquionics 2 Standard 50 Listed
Knorr
Intallation Systems
Installation of two (2) hanovia UV Swim U 320 -
10E and one (1) UV Swim U 150 - 6D. This work
to be conducted by KSI factory trained
technician including the following; bypass loops
on both systems, all plumbing/hardware
needed to complete the physical installation,
start up the equipment, verify proper operation,
and operator training. Owner to provide any
1 electrical work needed.
UNIT EXTENDED
PRICE PRICE
$ 21,602 $ 21,602.00
$ 33,004 $ 66,008.00
$ 7,500 $ 7,500.00
Total $ 95,110.00