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HomeMy WebLinkAbout03-31-2016 Agreement - City and Flow N Control - Water Resource Recovery Facility Influent Pump Replacement Project Spec 91419AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on / by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and Flow N Control, Inc., hereinafter referred to as Contractor. WITNESSETH: WHEREAS, on 11/18/2015, City invited bids for City of San Luis Obispo Water Resource Recovery Facility Influent Pump Replacement Project pursuant to Specification No. 91419 (Vertical Dry Pit Centrifugal Pumps (2) Including Operations and Maintenance Manuals.) WHEREAS, pursuant to said invitation, Contractor submitted a bid that was accepted by City for said Water Resource Recovery Facility Influent Pump Replacement Project pursuant to Specification No. 91419 (Vertical Dry Pit Centrifugal Pumps (2) Including Operations and Maintenance Manuals.) 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 the date this Agreement is made and entered, as first written above, until acceptance or completion of said delivered goods and service. 2. INCORPORATION BY REFERENCE. City Specification No. 91419 and Contractor's bid dated January 7, 2016, are hereby incorporated in and made a part of this Agreement. To the extent that there are any conflicts between the City's specification and this Agreement and the Contractor's bid, the terms of the City's specification and this Agreement shall prevail, unless specifically agreed otherwise in writing signed by both parties. 3. CITY'S OBLIGATIONS. For providing Water Resource Recovery Facility Influent Pump Replacement Project pursuant to Specification No. 91419 (Vertical Dry Pit Centrifugal Pumps (2) Including Operations and Maintenance Manuals) as specified in this Agreement, City will pay and Contractor shall receive therefore fixed quantity contract compensation in a total sum not to exceed $127,000.00. 4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to do everything required by this Agreement and the said specification and provide the supplies, equipment and services as described in the Specifications incorporated into this Agreement. 5. AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the Council of the City. 6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by 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. 7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Contractor Flow N Control, Inc. Attn, Richard Jesmok 4452 Ocean View Blvd, Suite 200 Montrose, CA 91020 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have first above written. instrument to be executed the day and year uiry ivianager APPROVED AS TO FORM: CONTRACTOR: Flow N Control, Inc. By: fyresident Finance & Information Technology 990 Palm Street, San Luis Obispo, CA 93401 -3249 805.781.7130 slocity org March 11, 2016 Flow N Control, Inc. Attn: Richard Jesmok 4452 Ocean View Blvd, Suite #200 Montrose, CA 91020 Subject: WRRF Influent Pump Replacement per Specification No. 91419 The City of San Luis Obispo is pleased to award the contract to Flow N Control, Inc. for WRRF Influent Pump Replacement per Specification No. 91419 Enclosed you will find an agreement between the City of San Luis Obispo and Flow N Control, Inc.. Please sign and return the agreement as soon as possible. The City of Sani Luis.- Ohispo- .requuires_businesses doing work within the City - limits -to have a -- Business - License & Tax Certificate. I have included a Business License and Tax Certificate application for your convenience. Please return the application with a payment in the amount of $73.00 for the Business License & Tax Certificate. Please contact the Finance Department at (805) 781 -7134 with any questions. The City of San Luis Obispo also requires a vendor's Certificate of Insurance to carry special endorsements as outlined in the enclosed Section E. Certificates of Insurance can be emailed to me at tkawaguc @slocity.org. I have also included a W -9 that will need to be completed and returned before we can issue any payments. Please return the signed agreement, the Business License and Tax Certificate application, the Certificate of Insurance with endorsements and the W -9 form as soon as possible. After all conditions are met, (business license, insurance, etc.) I will mail you a copy of the fully executed agreement. We look forward to working with you. If you have any questions, please call me at (805) 781 -7144. Sincerely, Traci Kawaguchi City of San Luis Obispo Finance Department Enc: Agreement, Business License and Tax Certificate Application, Insurance Section E, W -9 City Manager deport lot Final City Manager Approval Approver Name Date Approved City Administration Shelly t 2/2/2016 Reviewer Routing List Reviewer Name Date Reviewed City Attorney Jma 2/1/16 Finance & Information Technology DJJ 01/29/16 January 27, 2016 FROM: Carrie Mattingly, Utilities Director cgm 16Jan29 PREPARED BY: Dave Hix, Wastewater Deputy Director Howard Brewen, Water Resource Recovery Facility Supervisor SUBJECT: INFLUENT PUMP REPLACEMENT PROJECT SPEC. No. 91419 RECOMMENDATION 1. As authorized by City Council on November 17, 2015, award a contract to Flow N Control Inc., in the amount of $115,705.12 for the Water Resource Recovery Facility (WRRF) Influent Pump Replacement Project, Specification No. 91419. 2. Approve a transfer of $ 155,705.12 including installation costs from WRRF Major Maintenance Account to the project account. DISCUSSION On November 17, 2015 the City Council approved the Influent Pump Replacement Project Invitation for Bids (IFB) Specification No. 91419 for the WRRF. The City's CIP showed the appropriated budget in 2013 -14 and 2014 -15 for two pumps to be replaced. Staffs request combined the purchase of the two pumps to benefit from economy of scale. The City Council also authorized the City Manager to enter into contract with the lowest responsible bidder if the bid was within the Engineer's estimate of $127,000 and approved a transfer of $40,000 from the WRRF Major Maintenance account for the installation of the pumps. Bids were received and opened on January 7, 2016. The companies which provided bids are shown in table below with Flow N Control submitting the lowest responsible bid. FCompany Price Flow N Control, Inc. $115,705.12 Pentair Flow Technologies LLC $130,521.91 WRRF Influent Pump Replacement Project e2 Next Steps Once the delivery date is known, staff will reach out to qualified contractors for bids for the installation of the pumps as the pumps require a long lead time for manufacturing and delivery (18 to 20 weeks). Based on the bid received from Flow N Control Inc., preliminary installation cost evaluation is estimated at $40,000 including contingencies. FISCAL IMPACT The replacement of the pumps was identified in the WRRF Facility Major Maintenance account on Page 3 -69 of the 2013 -15 Capital Improvement Plan. $60,000 was identified in 2013 -14 and $60,000 in 2014 -15 not considering installation of the pumps as staff initially believed they could do it in- house. However, after further evaluation, staff realized the complicated and critical nature of the installation and recommended hiring a specialized contractor. To that end, staff recommended moving $40,000 from this WRRF Facility Major Maintenance account to the project for the installation of the pumps. In its action on November 17, 2015, the City Council approved a total budget of $167,000 for pump purchase and installation. Considering the lowest responsive bid, the total estimated cost for this project is $155,705.12. The current balance of the Major Maintenance account is $565,671. FIN 1W.i►���1 1. CAR 11117/15 2. Prvpnsal 3. Agreement. . i "g rnE::,. • xT{ 'tfi` B j�Aryy i �r r.a,. At bra r -:j _.. y..H..9.n....:�:.o-daer�3