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2017-128
1 2 3 4 5 6 7 8 9 10 11 12 13 14. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2017-128 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A VENDOR SERVICE AGREEMENT WITH KNORR SYSTEMS, INC. FOR THE POOL COVER REPLACEMENT AT SIX (6) CITY - OWNED POOLS WHEREAS, On December 19, 2016, $170,000.00 in Community Development Block Grant (CDBG) funding was allocated for the Pool Cover Replacement at Six (6) City -owned Pools, through the approval of the substantial amendment of the FY 2016/2017 HUD Annual Action Plan; WHEREAS, the Pool Cover Replacement at Six (6) City -Owned Pools has been reviewed for its compliance with the National Environmental Protection Act (NEPA) and is in compliance with the federal regulations; WHEREAS, On April 24, 2017 a formal bid was solicited by Parks, Recreation and Community Services Department and notices were posted on the City's website and printed in the San Bernardino County Sun Newspaper; WHEREAS, the bids were opened publicly on May 11, 2017, at 3:00 p.m.; and WHEREAS, Knorr Systems, Inc., located at 2221 Standard Avenue, Santa Ana, California 92707, was determined to have submitted the lowest and most responsive bid for purposes of the Pool Cover Replacement at Six (6) City -owned pools. The pools are Jerry Lewis Family Swim Center, Nunez Pool, Mill Pool, Hernandez Center Pool, Delmann Heights Pool and the Boys and Girls Club Pool, pursuant to RFQ-F-17-16. 1 1 2 3 4 5 6 7 8 9. 10. 11 12. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. A contract is hereby awarded to Knorr Systems, Inc. in an amount not to exceed $ 84,951.90. No contingency is requested. SECTION 2. All other bids, therefore, are hereby rejected. SECTION 3. The City Manager or his/her designee is hereby authorized and directed to execute a Vendor Service Agreement with Knorr Systems, Inc., a copy of which is attached hereto and incorporated herein by reference as though set forth at length and marked as Exhibit "A". SECTION 4. The Director of Finance or his/her designee is directed to issue a Purchase Order to Knorr Systems, Inc. for a total amount not to exceed $ 84,951.90. No contingency is requested. The Purchase Order shall reference this Resolution, state that it is for the Pool Cover Replacement at Six (6) City -Owned Pools, and incorporate the terms and conditions of the Agreement. SECTION 5. This contract and any amendment or modifications thereto shall not take effect or become operative until fully signed and executed by the parties and no party shall be obligated hereunder until the time of such full execution. No oral agreements, amendments, modifications or waivers are intended or authorized and shall not be implied from any act or course of conduct of any party. SECTION 6. The authorization to execute this contract is rescinded if the parties to the contract fail to execute it within sixty (60) days of passage of this Resolution. 01 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A VENDOR SERVICE AGREEMENT WITH KNORR SYSTEMS, INC. FOR THE POOL COVER REPLACEMENT AT SIX (6) CITY - OWNED POOLS I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 5�' day of July 2017, by the following vote, to wit: Council Members: AYES NAYS MARQUEZ X BARRIOS X VALDIVIA x SHORETT X NICKEL X(S) RICHARD X MULVIHILL X(M) ABSTAIN ABSENT L•' Georges anna, CNt, City Clerk The foregoing Resolution is hereby approved this 5t" day of July 2017. 1 .2 � / R. Carey Das, Mayor City of San emardino Approved as to form: Gary D. Saenz, City Attorney By - 3 VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KNORR SYSTEMS INC. FOR THE POOL COVER REPLACEMENT AT SIX (6) CITY POOLS. This Vendor Service Agreement is entered into this 5th day of July 2017, by and between Knorr Systems Inc. ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). WITNESSETH: WHEREAS, the pool covers at six (6) pool locations are worn, frayed, torn and well past their normal life expectancy. WHEREAS, the pool covers are in dire need of replacement, and the Mayor and City Council of CITY has determined that it is advantageous and in the best interest of the City to contract for the replacement of the pool covers at six (6) city pools. The pool locations are as follows: Jerry Lewis Swim Center, Nunez pool, Hernandez Center pool, Delmann Heights pool, Mill pool and the Boys and Girls Club pool; WHEREAS, after soliciting the formal bid process for the replacement of six (6) pool covers from available vendors, CITY has determined that VENDOR can best meet CITY's needs; WHEREAS, no official or employee of CITY has a financial interest, within the provisions of California Government Code § 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, CITY hereby engages the services of VENDOR to replace the pool covers at six (6) pools as set forth in CITY's RFQ F-17-16 (dated April 24, 2017), attached hereto and incorporated herein as Exhibit "A" ("Services"). Services will not be deemed complete until CITY confirms, in writing, that all products and services are in place and the system is operating. VENDOR shall remove and dispose of all rubbish, debris, waste, dust, or surplus materials that accumulate through the course of this Agreement. CITY may elect if required, upon written notice to VENDOR, to perform cleanup, the cost for which will be deducted from the Agreement amount. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR an amount of $ 84,951.90, no contingency is being requested, for a total amount not to exceed $ 84,951.90, pursuant to the rates set forth in VENDOR's response to RFQ F-17-16, attached hereto and incorporated herein as Exhibit "B". b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM; TERMINATION. All work will not begin until September 4, 2017, and be fully completed within 120 days from the "Notice to Proceed," but no later than April 30, 2018. This Agreement may be terminated at any time by thirty (30) days' written notice by either party. The terms of this Agreement shall remain in force unless amended by written agreement of the parties prior to the expiration of the Agreement. 4. INDEMNITY. VENDOR agrees to and shall indemnify and hold CITY, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual or alleged at or omission of VENDOR, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of Services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of CITY, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, VENDOR agrees to protect and defend at its own expense, including attorneys' fees, CITY, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. VENDOR shall defend, indemnify, and hold CITY, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure of alleged failure of VENDOR to comply with the Prevailing Wage Laws. VENDOR hereby waives any and all rights to any types of express or implied indemnity against CITY, its elected officials, employees, agents or representatives, with respect to third party claims against the VENDOR relating to or in any way connected with the accomplishment of the work or performance of Services under this Agreement. 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, 2 ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for VENDOR and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Title 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature which are legally required of VENDOR to practice its business or profession. 9. PREVAILING WAGE AND LABOR CODE REQUIREMENTS. VENDOR is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the Services under this Agreement are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $ 1,000 or more, VENDOR agrees to fully comply with such Prevailing Wage Laws. 10. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Parks, Recreation & Community Services Department 600 North Arrowhead Avenue San Bernardino, CA 92401 Telephone: (909) 384-5233 3 TO THE VENDOR: Knorr Systems Inc. 2221 Standard Avenue Santa Ana, CA 92707 Telephone: (714) 754-4044 11. ATTORNEYS' FEES. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 12. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 13. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 14. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 15. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 16. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 17. SEVERABILITY. m If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 18. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: WIA q7 , 2017 VENDOR. By. -S Its: GV41 Dated uZ 7, 2017 CITY OF SAN BERNARDINO Approved as to Form by: Gary D. Saenz, City Attorney TTEST: George anna, CMC, Oty Clerk 5 By:� Mark Scott, City Manager Exhibit A Son Be no April 24, 2017 SUBJECT: NOTICE INVITING BIDS RF F-17-16 The City of San Bernardino (City) invites bids from qualified vendors for: City -Wide Pool Covers Parties interested in obtaining a copy of this RFQ F-17-16 may do so by accessing the City of San Bernardino Web Page at www.sbcity o; � > How Do I > Request> for Bids :� City Finance Department -Purchasing beginning April 24, 2017 or by faxing their request to (909) 384-5043, attention Vanessa Slouka. Accounting Assistant. Please include the following information in your request: name and address of firm; name, telephone and facsimile number of contact.person; specify RFQ F-17-16. Copies of the RFQ May also be obtained by calling Vanessa Slouka at (909) 384-5346 or in person at City Hall, 300 N. "D" St., 4th floor, Purchasing Division, San Bernardino, CA 92418. From the issuance date of this Request for Proposal until a Vendor is selected and the selection is announced, Proposers are not permitted to .communicate with any City staff or officials regarding this procurement, other than during interviews, demonstrations, and/or site visits, except at the direction of Vanessa Slouka, Accounting Assistant the designated representative of the City of San Bernardino. Contact with anyone not designated will result in elimination from the bid process. Mandatory Pre -Bid Job walks A mandatory Pre -Bid job walk will be held on May 1, 2017, at 10:00 A.M. at Jerry Lewis Family Swim Center, 831 E. Highland Ave. San Bernardino, Ca. 92404. This meeting is to serve as a pre-bid review for prospective bidders. All prospective bidders must attend the entire Pre -Bid Conference/Job Walk to be eligible to bid on this project. Federally Funded CDBG Project: This is a federally -assisted project. Federal Labor Standards Provisions, including the prevailing wage requirements of the Davis -Bacon and Related Acts will be enforced. The project is subject to requirements for the employment of apprentices registered with the California Department of Industrial Relations, Division of Apprenticeship Standards. The cost of this project is over $100,000, and will be a HUD Section 3 construction contract and all bidders must commit to employ low-income residents from the local community to achieve the Section 3 goals and to be considered a Section 3 responsive bidder. All bidders are required to comply with all applicable competitive bidding and labor compliance laws including, but not limited to, active solicitation of minority-owned businesses, women -owned businesses, and businesses owned by disabled veterans. No employee., officer or agent of the sub -recipient shall participate 'in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. Closing Date: Bids must be submitted before 3:00 PM, PST, May 11, 2017 at 3;00 North "D" Street, 4t' Floor, Purchasing, San Bernardino CA 92418. Issuance of this RFQ and/or receipt of bids do not commit City to award a contract. Sincerely, Vanessa Slouka Accounting Assistant SECTION 1. INSTRUCTIONS TO BIDDERS I City of San Bernardino, Finance Department Purchasing Division Bid Documents to Be Returned b� Bidder RFQ F-17-16 CITY-WIDE POOL COVERS ® Copy of Contractor License (if applicable)... Bid Content and Fors, General specification #35, InBlrudtlons to Offeror(s) I Bidders FX1 Bidder idde iBExD tenet doe, Competency, Qualification and Profile (Vendor Document) 01 1=I Non -Collusion Declaration (City Form) in9Utclions to Offeror(s) / Bidders QX Listing of Proposed Subcontractor (City Form) III Proposal / Bid content and Fors © Cost / Price Form (City Form) Instructions to Bidders, Ili Bid Content and Forms X❑ Authorized Signatures instructions to Bidders KQ Bidder Identification III Bid content and Forms �]x Addendum Received (City Form) III Bid content and Forms © 120 Day Bid Validity Statement Iii Bid content and Fors xQ Authorized Signatures (City Form) III Bid content and Forms © References ui Bid Content and Fors 0 Propers Idendt�cation and Submittal of Proposal/Bid Package, and Price Form Inst91 Proof of Insurance KI Copycdo a Mo nufacturer's and/or dealer warranty and/or guarantee (if applicable)Sp= X1 Copy of Contractor License or other appropriate Licenses where applicable " SpecMcaffons #f36 Bidders are requested to submit this checklist completed with all bid documents. This list may not be reflective of all documents necessary for submittal. I. INSTRUCTIONS TO BIDDERS A. Pre -Bid Conference/job.Walk A mandatory Pre -Bid Job walk will be held on May 1, 2017, at 10:00 A.M., at Jerry Lewis Family Swim Center. 831 E. Highland Ave. San Bernardino, California 92404. This meeting is to serve as a pre-bid review for prospective bidders. Late arrivals will not be accepted. B. Examination of Bid Documents. 1. By submitting a bid, the Bidder represents that it has thoroughly examined and become familiar with the items required under this RFQ and that it is capable of quality performance to achieve the City's objectives. 2. The City reserves the right to remove from its mailing list for future RFQs, for an undetermined period of time, the name of any Bidder for failure to accept a contract, failure to respond to two (2) consecutive RFQs and/or unsatisfactory performance. Please note that .a "No Bid" is considered a -response. C. Addenda Any City changes to the requirements will be made by written addendum to this RFQ. Any written to issued pertaining to this RFQ shall be incorporated into.the terms and conditions of.any resulting Purchase Order. The .City will not be bound to any modifications to or deviations from the requirements set forth in this RFQ as the result of oral instruction. 2. Submitting Requests a. All questions, clarifications or comments shall be put in writing and must be received by the City no later than 3:00 PM. May 3, 2017 and be addressed as follows: City of San Bernardino 300 North "D" Street 4th floor, Attn:.Vanessa Slouka San Bernardino, CA 92418 b. The exterior envelope or email Subject line of all requests for clarifications, questions and comments must be clearly labeled, "Not an Offer." The City is not responsible for.failure to respond to a request that has not been labeled as such. The City will also .accept questions sent by facsimile machines or email, however, all faxed or emailed questions must be received by the City no later than 3:00 PM, PST, May 1 2017. Send facsimile transmissions to (909) 384-5043, attention Vanessa Slouka, and emails to: slouka vaOsbcity.org C. Inquiries received after 3:00 PM May 3, 2017 will not be accepted. 3. CityRes ones Responses from the City will be communicated in writing to all recipients of this RFQ, by a posting to our website, www.sbcity.org by the close of business May 8, 2017. . For automatic- electronic notifications, please visit our Homepage and register for SB Connect. If you are not registered for SB Connect, you may view or download any Addenda at www.sbcity.org > How Do I > Request> for Bids > City Finance Department -Purchasing. D. Submission of Bids 1. D.ate and Time All bids are to be submitted to the City of San Bernardino, Attention: Vanessa Slouka, Accounting Assistant, BEFORE 3:00 PM. PST May 11 2017,. bids received at or after 3:00 PM will be rejected by the City as non-responsive. 2. Address . Bids shall be addressed as follows: City of San Bernardino Finance Department 300 N. "D" Street, 4th Floor -Purchasing San Bernardino, CA 92418. Bids may be delivered in person to the Purchasing Division, 4th floor of the above`address. 3. Identification of Bids Bidder shall submit a SEALED bid package consisting of: a) one (1) signed original of Quote and Price Form b) two (2) copies of each The bid package shall be addressed as shown above, bearing the Bidder's name and address and clearly marked as follows: RFQ F-17-16: "City -Wide Pool Covers" 4. Acceptance of Bids a. The City reserves the right to accept or reject any and all bids, or any item or part thereof, or to waive any informalities or irregularities in bids. b. The City reserves the right to withdraw this RFQ at any time without prior notice and the City makes no representations that any contract will be awarded to any Bidder responding to'this RFQ. C. The City reserves the right to postpone bid opening for its own convenience. E. Pre -Contractual Expenses Pre -contractual expenses are. defined as expenses incurred by the Bidder in: 1: preparing its bid in response to this RFQ; 2. submitting that bid to City; 3. negotiating with City any matter related to this bid; or 4: any other expenses incurred by the Bidder prior to date of award, if any of the Agreement. The City shall not, in any event, be liable for any pre -contractual expenses incurred by Bidder in the preparation of its bid. Bidder shall not include any such expenses as part of its bid. F. Contract Award Issuance of this RFQ and receipt -of bids does not commit the City to award a Purchase Order. The City reserves the right to postpone bid opening for its own convenience, to accept or reject any or all bids received in response to this RFQ, and to negotiate with other than the selected Bidder(s) should negotiations with the selected Bidder(s) be. terminated. The City also reserves the right to apportion the award amona two or more Bidders. G. Acceptance of Order The successful Bidder will be required to accept a Purchase Order in accordance with and including as a part thereof the published Notice Inviting Bids, and the RFQ 'documents including all requirements, conditions and specifications contained therein, with no exceptions other than those specifically listed in the written purchase order. H. Business License The City's Business Ordinance requires that a Business doing business with the City, obtain and maintain a valid City Business Registration Certificate during the terms of the Agreement. Bidder agrees to obtain such Certificate prior to undertaking any work under this Agreement. Local Vendor Preference The City of San Bernardino gives any formal or informal bid submitted by a local bidder a one percent (1%) credit for goods and materials, where labor and/or installation is incidental; and a five percent (5%) credit on Contractual services, for comparison purposes with other bidders, as authorized in the San Bernardino Municipal Code Section 3.04.125, and Executive Order 2003-1, respectively: For the purposes of this section, "local bidders" shall be bidders for which the point of sale of the goods, materials or services shall be within the limits of the City of San Bernardino. SECTION II. TECHNICAL SPECIFICATIONS CDBG 2016-2017 PROJECT: POOL COVERS REPLACEMENTANSTALLATION SCOPE OF WORK: Existing Field Conditions: The City of San Bernardino operates six commercial swimming pool locations with 10 bodies of water, one of which is an underground cement tank (Jerry Lewis Swim Center — Rain'Forest). Solid thermal covers exist at two locations (Hernandez and Delmann Heights Pools) and safety mesh covers exist on three other locations (Jerry Lewis — Main Pool, Slide/Splash Basin, & Wading Pool; Nunez - Main Pool; and Mill Pool). The Boys & Girls Club Pool currently does not have a pool cover. (The Nunez Wading Pool will not require a cover due to its shallow depth.) The covers need to be constructed of a durable nylon mesh and must have the ability to be anchored to the decking with straps or other items. The scope of work for this bid item shall include all Work described in the Specifications. The Work shall generally consist of, but is not necessarily limited to the following: Mesh Safety Pool Covers are required at a total of eight (8) bodies, of water: Jerry Lewis Family Swim Center, 831 E. Highland Ave.: Main Pool 223,000 gallons 7,600 square feet Wading Pool 5,000 gallons 500 square feet Slide/Splash Pool 11,000 gallons 480 square feet Nunez Pool, 1717 W. 5«' Street: Main Pool 204,000 gallons 6,800 square feet Hernandez Pool, 222 N. Lugo Ave.: Hernandez Pool 135,000 gallons 3,400 square feet Delmann Heights Pool, 2696 Flores Street: Delmann Heights Pool 189,000 gallons 3,420 sq. ft. Mill Pool, 503 E. Central_Ave.: Mill Pool 123,000 gallons 4,000 square feet Note: The Mill Pool dimensions are approximately 42 ` wide by 84' long and arranged An a rectangular octagonal shape, which ranges in depth from 3' to 91. (The shape is certainly unique in design and the covers would need to be more precisely customized.) Boys & Girls Club Pool; 1180 W. 9i`h Street: Boys & Girls Club Pool 195,000 gallons 3,420 sq. ft. The Work shall include design, acquisition, and installation of safety mesh pool covers furnishing all labor, materials, equipment, and incidentals, unless otherwise specified, to construct the Work and complete the Contract in compliance with the Specifications and to the satisfaction of the City. of San Bernardino. The bidder is required to carefully examine the site of work, Proposal Forms, and Specifications for the work contemplated. The submission of a proposal shall be considered conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and quantities of work to be performed and materials to be furnished, and as to -the requirements of all the Contract Documents. ADDENDA: Any addenda issued during the time of bidding shall be acknowledged by signing each addendum, which will be made part of the contract. Addenda notifications will be provided to those bidders subscribing to the City's plan holders list. TECHNICAL SPECIFICATIONS: General Description: Custom-designed heavy-duty, light -weight mesh pool safety covers. Web spacing every three feet, double reinforced stitching, with stainless steel straps (Loop-loc safety) and brass anchors for commercial installations to meet ASTM standard F1346791(2010).or equal. Cut-outs provided for handrails., etc. where needed. Calor: Blue or Navy. Pool cover should be anchored to pool deck at least one foot extended from.edge of pool side wall (skimmer gutter). Anchors where they exist are to be re -used and functional or filled in to create a smooth surface free of risk of injury. Material: Polypropylene extruded monofilament yarn. 525 denier in the warp and 505 denier in fill, Count per inch, 34X20 plus 80% minimum black yam and 20% minimum blue yarn- for best UV stability. Burst strength of material is 650 PSI. Webbing: 1' wide polypropylene, polyester with nylon filler. Minimum break strength 2000 pounds single. To be used double -thick for minimum strap break -strength of 4,200 pounds. Minimum 90% black yarn. (Cotton, wool, or other natural .fibers treated or untreated are unacceptable for safety cover use.) Chafing Strips: (Under cover) V minimum width,. 20" to 364 long (depending upon cover overlap) extruded solid virgin polypropylene 3116" thick, all inside corners. heavily padded. Safe Edge Gap Guard: Solid virgin polypropylene 5" to 6" extrusion for raised walls, etc., and .15" extrusion for raised steps .as needed to meet (or exceed) ASTM Safety Standards F1346-91(2010) Loop -Loc Patent No. 4,982,457. Thread: Decron polyester Veemo-UVR. Size 138. Three rows of stitching all directions. Springs: Springs shall be 3021304 stainless steel, two draw -bar compression type with thick vinyl tubular deck protective covers, break strength 3,200 pounds. Anchors: Anchors -shall be brass, flush -mounted in deck with screw-type insert, 4,000 pound break strength at neck. Installation Tools: 1)'/ inch I.D. flexible nylon tubing with 118 inch thick walls. Notched at end with plastic grip handle on opposite end. Nylon tubing to be oil -boiled tempered. 2) 30" long steel rod, with notched end and plastic grip handle. Finished Cover: To have section approximately 3' X 3'. All straps to be "X" tacked at cover edge with stainless steel buckles and aluminum tips. Warranty: Safety cover will have a minimum 15 -year warranty SITE MAINTENANCE: Throughout the period of removal and installation, the Contractor shall maintain the work site in a safe, neat, and orderly condition free of any hazardous conditions, trash, debris, surplus materials and objectionable matter of any kind, to the satisfaction of the Community Recreation Manager or their designee. Contractor shall be responsible for off-site removal/disposal of old pool covers and the discard from all installation activities. No handling of hazardous materials or otherwise harmful substances are expected to be included in this project with the exception of adherence to OSHA regulations for the safe mitigation of -the dust generated by the drilling.of anchors into the concrete deck surface. PREVAILING WAGE: This is a prevailing wage contract. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5* [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may .be awarded a contract for pubic work on a public works project (awarded -on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Registration can be accomplished through the DIR website by using this link: httt)://www.dir.ca.00v/Public-Works/PublicWorks.html. Provide three (3) local governmental agencies and/or company's previous or current contact references that support your ability to design, acquire, and install safety mesh pool covers. The winning bidder must have ten (10) years' experience under the current license and business name. LICENSES: The work requires a Class "C-53" (Swimming Pool Contractor) State of California Contractor's License. The CONTRACTOR represents that it has current CSLB licensing, Department of industrial Relations registration,, City of San Bemardino Business License. Proper Insurance Company. All liability insurance shall be issued by an insurance company or companies authorized to transact liability insurance business in the State of California with a policy holder's rating of A or higher and a Financial Class VII or larger. Coverage. Coverage shall be at least as broad as the following: a. Commercial General Liability. Insurance Services Office Commercial General Liability Coverage (occurrence Form CG 0001). This coverage shall include: i. Manufacturers and Contractors liability, ii. .Broad form property damage in any case where the Contractor has any . property belonging to the City in'the Contractor's care, custody, or control, iii. Owners and Contractors' protective liability, iv. Blanket contractual liability, V. Products and completed operations coverage, and vi. - Coverage for collapse, explosion, and excavation. b. Automobile Liability. Insurance Services Office Automobile Liability Coverage (Form CA 0001), covering Symbol 1 (any auto). This coverage shall include: Coverage for owned, .non -owned, and hired automobiles Limits. The Contractor shall maintain limits no less than the following: a. Commercial General Liability. One million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate for _bodily injury (including death), personal injury and property damage, unless otherwise authorized by the City's Risk Manager, or his designee. If Commercial General Liability insurance or other form with a general aggregate limit or products -completed operations aggregate limit is used, either the general aggregate limit shall apply separately to the work (with the ISO CG 2503, or ISO CG 2504, or insurer's equivalent endorsement provided by the City) or the general aggregate limit and products -completed, operations aggregate limit shall be twice the required occurrence limit. b. Automobile Liability. One million dollars ($1,000,000) per occurrence for bodily injury (including death), and property damage for each accident/incident, unless otherwise authorized by the City's Risk Manager, or his designee. C. Professional. -Liability. Contractor shall ensure that any professional engineer(s) retained on its behalf to provide supplemental plans and engineering calculations required in conjunction with the Work, maintains professional liability insurance for the duration of the project. Such insurance shall be in the minimum amount of $9,000,000 to protect City from claims resulting from the engineer(s) activities. d. No Limitation on Indemnification. These minimum amounts of coverage shall not constitute any limitation or cap on Contractor's indemnification obligation. Required Provisions. a. Policies shall include premises/operations, products, completed operations, independent contractors, owners and contractors' protection, explosion, collapse, underground hazard, broad form contractual, personal injury with employment exclusion deleted, and broad form property damage. b. The policy shall be endorsed to waive any right of subrogation against the City, and its Subconsultants, employees, officers, agents and directors for work performed under this Contract. C. The policy shall specify that the insurance provided by Contractor will be considered primary and not contributory to any other insurance available to the City. d. The policy shall include the following provision: "Solely as..respects WORK done by and on behalf of the named insured for the City of San Berardino, it is agreed that the City of San Bernardino and its officers, employees and agents are added as additional insured under this policy." e. If policies -are written on a claims made basis, the certificate should so specify and the policy must continue in force for one year after completion of the project. The retroactive date of the coverage must also be listed. Expiration, Cancellation or Material Change. The policies shall not be canceled unless thirty (30) days prior written notification of intended expiration, cancellation or material change has been given to the City. of San Bernardino by certified or registered mail. Deductibles and Self -Insured Retentions. Any deductible or self-insured retention must be declared to and approved by the City of San Bernardino. The City reserves the right to either approve, reduce, or -eliminate such deductibles or self-insured retentions. WORKERS' COMPENSATION / EMPLOYER'S LIABILITY INSURANCE General. The Contractor and all subcontractors shall insure (or be self-insured),. under the applicable laws relating to workers' compensation insurance, all of.their employees performing the work, in accordance with the "Workers' Compensation and Insurance Act", Divi_sion IV of the Labor Code of the State of California and any Acts amending thereof. Insurance Requirements. a. Secure and Maintain Insurance. Prior to City's execution of the Agreement, Contractor shall secure, and shall thereafter maintain without lapse of coverage until completion of the Contract such workers' compensation and/or employer's liability insurance. b. Provide Certificates of Insurance. Prior to the City's execution of the Agreement, Contractor shall submit an original certificate of insurance, or self-insurance, to the City verifying that Workers' Compensation insurance is in effect in the required limits with the required provisions as stated below, or that Contractor is self-insured for such coverage. If Contractor has no employees, a certified statement to that affect shall be submitted to the City, acknowledging that if Contractor does employ any person a certificate of insurance shall be submitted as provided in this section. C. Workers' Compensation Certification. Contractor shall comply with Labor Code Section 1861. Proper, Insurance Company. All worker's compensation/employer's liability insurance shall be issued by an insurance company or companies authorized .to transact insurance business in the State of California with a policy holder's rating of A or higher and a Financial Class VII or larger. CONTRACTOR NONCOMPLIANCE A. If the Parks, Recreation and Community Services Department, or their designee, determines that thereare deficiencies in the performance of this Contract, the Parks, Recreation and Community Services Department Director, or their designee, will provide a written notice to the CONTRACTOR stating the deficiencies and specifying a time frame to correct the .specified deficiencies. This time frame. shall be reasonable, as determined by the Parks, Recreation and Community Services Department Director, or their designee, to correct the specified deficiencies. B. Should the CONTRACTOR fail to correct any deficiencies within the stated time frame, the Parks, Recreation and Community Services Department Director, or their designee, may exercise the following measures: 1. Impose a deficiency deduction and deduct from the CONTRACTOR'S payment the amount necessary to .correct the deficiency, including City overhead costs. 2. Withhold the entire or partial payment. 3. Terminate the contract and award to second bidder. PRICE FORM ITEMS: Labor to install eight (8) safety mesh pool covers. Safety. Mesh Pool Covers. Miscellaneous anchoring hardware and other items (if any) not listed. Hand Tool(s) to apply/remove covers. GENERAL: Permits are required 'for all work performed at this location/address. Permits can be obtained from the City of San Bernardino Building Department Office located at 300 N. D Street, San Bernardino CA 92401. Contractors must register with the City of San Bernardino Public Works Department, Business License Division. Prices shall remain the same during the extended term. Contractor shall acquire all State of California permits, if required,through the San Bernardino County Public Health Department at contractor's cost. Contractors will be responsible. for any and all damage due to installation/construction. Any damage caused by the contractor must be repaired within. seven (7) to ten (10) working days at the expense of the contractor. Contractor will need to make sure that the unaffected Pool deck, coping, shell, skimmer grates and skimmers, surge, pits, and other items are protected and not damaged during installation. If damage occurs, the -contractor will be liable for such damages. Contractor shall approach/access each work site through an approved entry/exit location. It is expressly agreed. and understood that the Contractor is, in all respects, an independent contractor as to work; however, in certain aspects, the Contractor is bound to follow the directions of the Public Works Director or appointed designee at the time of installation/ construction, and that the Contractor is in no respect an agent, servant or employee of the City. The City of San Bernardino reserves the right to select the'contractor which best meets the City's goals and objectives, needs, budget constraints, and quality levels, as well as its service level expectations. The City reserves the right, in its sole discretion, to reject any/or all proposals, to waive any irregularities and technical defects contained therein, to award the contract in its entirety, in part or not at all and/or to determine which proposal is the lowest and/or best to enter into a Contract, as it may deem to be in the best interest of the City. SECTION III. BID CONTENT AND FORMS A. BID FORMAT AND CONTENT 1. Presentation Bids should not include any unnecessarily elaborate or promotional material. Information should be presented in the order in which- it is requested: Lengthy narrative is discouraged, and presentations should be brief and concise. Bids shall contain the following: a. identification of.Bidder, including name, address and telephone; b. proposed working relationship between Bidder and subcontractors, if applicable; C. acknowledgment, of receipt of all RFQ addenda, if any; d. name, title, address and telephone number of contact person during period of bid evaluation; e. a statement to the effect that the bid shall remain valid for a period of not less than 120 days from the date of submittal; and f. signature of a person authorized to bind Bidder to the terms of the bid. Bidder may also propose enhancement or procedural or technical innovations to the Technical Specifications.which do not materially deviate from the objectives or required.content of the project. 2. Exceptions/Deviations State any exceptions to or deviations from the requirements of this RFQ, stating. "technical" exceptions on the Technical Specifications form, and "contractual" exceptions on a separate'sheet of paper. Where Bidder wishes to propose alternative approaches to meeting the City's technical or contractual requirements, these should be thoroughly explained. 3. Qualifications, Related Experience and References of Bidder This section of the bid should establish the ability of Bidder to satisfactorily perform the required work by reasons of experience in performing work of a similar nature; demonstrated competence in the services to be provided; strength and stability of the firm; staffing capability; work load; record of meeting schedules on similar projects; and supportive client reference. Bidder -shall; a. provide a brief profile of the firm, including the types of services offered; the year founded; form of the organization (corporation, partnership, sole proprietorship); .number, size and location of offices; number of employees; b. describe the firm's experience in performing work of a similar nature to that solicited in this RFQ:- c. provide, as a minimum, three (3) references from current customers of a similar size as the City as related experience; reference shall furnish the name, title, address and telephone number of the person(s) a the client organization who is most knowledgeable about the work performed. 4. Appendices Information considered by Bidder to be pertinent to this RFQ and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. Bidders are cautioned, however, that this does not constitute an invitation to submit large amounts of extraneous materials; appendices should be relevant and brief. B: LICENSING AND CERTIFICATION REQUIREMENTS By submitting a bid, bidder warrants that any and all licenses and/or certifications required by -law, statute, code or ordinance in performing under the scope and specifications of this RFO are currently held by bidder, and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in bidder's response. Bids lacking copies and/or proof of said licenses and/or certifications may be deemed non-responsive and may be rejected. C. COST AND PRICE FORMS Bidder shall complete the Cost/Price Form in listed and total price; 2) all additional costs specifications; and 3) Bidder's identification signature. its entirety including: 1) all items associated with performance of information including a binding Bidder. shall -state cash discounts offered. Unless discount payment terms are offered, payment terms shall be "Net 30 Days". Payment due dates, including discount period, . will be computed from date of City acceptance of the required services or of a correct and complete invoice, whichever is later, to the date City's check 'is mailed. Any discounts taken will be taken on full amount of invoice, unless other charges are itemized and discount thereon is disallowed. Freight terms shall be F.O.B. Destination, Full Freight Allowed, unless otherwise specified on price form. 3 PRICE LIST (cmmu4 Provide pricing that is a Firm Fixed Price. This must include all labor, materials, tools, equipment, permit fees and supplies required to manufacture Safety Mesh Pool Covers, labor to install, hardware, tools to apply/remove covers, and any other miscellaneous items not' listed. Pool Covers Replacement/Installation Cost I�I I $54,870.00 (total) Safety Mesh Pool Covers: $ 15,720.00 Jerry Lewis Family Swim Center Main Pool $ 2,567.00 Jerry Lewis Family Swim Center Wading Pool $ 2,002.00 Jerry Lewis Famii Swim Center Slide/ Splash Pool $10,166,00 Nunez Pool Main Pool $ 5,397.00 Hernandez Pool $ 5,373.00 Deimann Heights Pool $ 8,265.00 Mill Pool $ 5,380.00 Boys & Girls Club Pool Labor to Install eight (8) safety mesh pool covers *Prevailing Wage is $21, 37.00 applicable $ 0.00 Miscellaneous anchoring hardware and other items (if any) not listed $ 0.00 Hand Tool (s) to apply/remove covers _ $ 0.00 Other Miscellaneous Items (if any) not listed Freight $ 3,818.12 $ 4,526.78 Tax (On Materials) @ 8.25% Grand Total $ 84,951.90 PRICE LIST (continued) Are there any other additional or incidental costs, which will be required by your firm in order to meet the requirements of the Technical Specifications?/ / coN' (circle one). If you answered "Yes", please provide detail of said additional sts: Please indicate any elements of the Technical Specifications that cannot be met by your firm. Meyco (the manufacturer onl offers a twelve (12} yearwarran'y Have you included in your bid all informational items and forms as requested? Yes / No (circle one). If you answered °No", -please explain: This offer shall remain firm for 720 days from RFQ close date. Terms and conditions as set forth in this RFQ apply to this bid. Cash discount allowable %% D days; unless otherwise stated, payment terms are: Net thirty (30) days. In signing this bid, Bidder warrants that all certifications and documents requested herein are attached and properly completed and signed. From time to time, the City may issue one or more addenda to this RFQ. Below, please indicate all Addenda to this RFQ received by your firm, and the date said Addenda was/were received. PRICE LIST (continued) Verification of Addenda Received Addenda No: 1 Received on: 05/04:17 Addenda No: Received on: Addenda No: Received on: This bid has been reviewed and found to be correct and final. The undersigned is authorized to providing pricing: AUTHORIZED SIGNATURE: PRINT SIGNER'S NAME AND TITLE: Rich Robert General Mananger DATE SIGNED: 05/10/17 COMPANY NAME & ADDRESS PHONE: (714) 754-4044 EMAIL: Uadr"knorrsystems.wm Knorr Systems, Inc. 2221 Standard Avenu-e Santa Ana, CA 92707 FAX; 714 754-1405 Web Address: www.knorrsystems.com IF SUBMITTING A "NO BID", PLEASE STATE REASON(S) BELOW: SUBCONTRACTOR'S LIST As required by California State Law, the General Contractor bidding will hereinafter state the subcontractor who will be the subcontractor on the job for each particular trade or subdivision of the work in an amount in excess of one- half of one percent of the General Contractor's total bid and will state the firm name and principal location of the mill, shop, or office of each. If a General Contractor fails to specify a subcontractor, or if he specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent, he agrees that he is fully qualified to perform that portion himself and that he shall perform that portion himself. DIVISION OF NAME OF FIRM OR LOCATION I WORK OR CONTRACTOR CITY TRADE Instaliatfon Advanced Pools & Spas _ Tujunga, CA Rich Robert Print Name Company Name: _Knorr Systems, Inc. Signature of Bidder Address: 1.222 1 Standard Avenue Santa Ana CA 42707 REJECTION OF B[DS The undersigned agrees that the City of San Bernardino reserves the right to reject any or all bids, and reserves the right to waive informalities in a bid or bids not affected by law, if to do seems to best serve the public interest. NON - COLLUSION DECLARATION TO: THE COMMON COUNCIL, CITY OF SAN BERNARDINO In accordance with Title 23, United States Code, Section 112, the undersigned hereby states, under penalty of perjury: That he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken action in restraint of free competitive bidding in connection with RFQ F-17-16. Business Name_Kngrr system, Inc. Business Address 2221 Standard Avenue, Santa Ana CA 92707 Signature of bidder Santa Ana, C4 Place of Residence SECTION IV_ IV. GENERAL SPECIFICATIONS 1. Each bid shall be in accordance with Request for Quotes (RFQ) Number F-17-16. All specifications are minimum. Bidders are expected to meet or exceed these specifications as written. Bidder shall attach to their bid.a complete detailed itemization and explanation for each and every deviation or variation from the RFQ specifications and requirements. Conditional bids, or those that take exception to the RFQ specifications and requirements, may be considered non-responsive and may be rejected. 2. The City reserves the right to accept or reject any and all bids and to award a' contract to the bidder whom best meets the City's requirements. This may include waiver of minor irregularities or discrepancies, or nonconformity to- specifications in appropriate circumstances. Purchase shall be on a best buy basis'after due consideration of all relevant factors, including but not limited to, workmanship, accessibility of parts and service, known evidence of manufacturer's responsibility and record, durability and ,known operational record of product and suitability as well -as conformity to City needs and requirements. In all cases the best interest of the City shall prevail in all contract awards. 3. The City of San Bernardino reserves the right to purchase more or less than.the quantities specified at unit prices bid. 4. Bids shall be firm offers, subject -to acceptance or rejection within 120 days of the opening thereof. 5. Regular dealer. No bidder.shall be acceptable who is not a reputable manufacturer or dealer of such items as -submitted for bid consideration. .6. All materials, workmanship and finish entering into the construction of the equipment must be of the best of these respective kinds and must conform to the character of the equipment and the service for which it is intended to be used and shall be produced by use of the current manufacturing processes. "Seconds", factory rejects, and substandard goods are'not acceptable. 7. Each bidder shall submit with their bid a copy of the proposed product specifications, complete detailed drawings, and other descriptive matter in sufficient detail to clearly describe the equipment, materials and parts offered. 8. Manufacturer and/or Contractor shall defend any and all suits and assume all liability for any and all claims made against the City of San Bernardino or any of its officials or agents for the use of any patented process, device .or article forming a part of equipment or any item furnished under the contract. 9. Each bidder must state in their bid the guaranteed delivery date of product and/or services in number of calendar days from the date of contract execution by the City of San Bernardino, time is of the essence relative to this contract. Contractor shall prosecute the work continuously and diligently and shall deliver the items at the earliest possible date following the award of the contract. 10. Each bidder shall list in their bid all factory, manufacturer's and/or dealer's warranty and/or guarantee coverage and shall submit such written documents evidencing the same attached to the bid. 11. Successful bidder(s) (Contractor) shall furnish and deliver to the City complete equipment as bid and awarded, ready for installation and fully equipped as detailed in these specifications. 12. Price shall be quoted F.O.B. San Bernardino (all transportation charges shall be fully prepaid), and shall include all discounts. Bid shall include California sales tax, where applicable, (effective January 1, 2013) computed at the rate of 8.25%, (this will normally be shown as a separate line item on the price form). 13. City shall make payment within thirty (30) days after the complete delivery and acceptance of the specified items by the City of San Bernardino and receipt of the Contractor's priced invoice. 14. All "standard equipment" is included in any bid. Bidders furnishing bids under these specifications shall supply all items advertised as "standard" equipment even if such items are not stipulated in the specifications; unless otherwise clearly accepted in the bid. 15. The items which the bidder proposes to furnish the City must comply in all respects with the appropriate safety regulations of all regulatory commissions of the Federal Government and the State of California, whether such safety features and/or items have been specifically outlined in these specifications or not. 16. Contractor delivering equipment pursuant to these RFQ specifications shall guarantee that equipment meets specifications as set forth herein. If it is found that equipment delivered does not meet requirements of these specifications the Contractor shall be required to correct the same at their own expense. 17: By submitting a bid, each bidder agrees that in the event complete delivery isnot made within the time or times set forth pursuant to this specification, damage will be sustained by the City, and that it is, and will be impractical and.extremely difficult to, ascertain the actual damage which the City will sustain in the event of and by reason of such delay. 18. In case the delivery of the items under this contract is delayed due to strikes; injunctions, government controls, or by reason of any cause or circumstance beyond the control of the Contractor, the time for delivery may be extended (in the City's sole discretion) by a number of days to be determined in each instance by mutual written agreement between the Contractor and the Purchasing Manager of the City of Son Bernardino. The City shall not unreasonably refuse such extension. 19. Contract. Each bid shall be submitted and received with the understanding.that acceptance by the City of San Bernardino of bid in response to this solicitation shall constitute a contract between the Contractor and the City. This shall bind the Contractor to furnish and deliver at the price bid and .in complete accordance with all provisions of RFQ No. F-17-16. In most cases the basis of award will be the City's standard purchase order that may or may not incorporate this solicitation by reference. 20. Prohibited interest. No member, officer, or employee of the City or of any agency of the City during his tenure or for one year thereafter shall have any interest, direct or indirect in this contract or the proceeds thereof. Furthermore, the parties hereto covenant and agree that to their knowledge no board member, officer or employee of the City has any interest, whether contractual,. non -contractual, financial or . otherwise, in this transaction, or in the business of the contracting party other than the City, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made in writing to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4(commencing with Section 1090) or Article 4.6 (commencing with Section 1120) of Division 4 of Title I of the Govemment Code of the State of Califomia. 21. One Document. These specifications, the notice inviting bids, RFQ F-17-16, the Contractor's bid, any written agreement executed by the parties, the purchase order and all documents referred to in the complete specifications and purchase order, and all written modifications of said documents shall be construed together as one document. Anything called for in any one of said documents shall be deemed to be required'equally as if called for in all. Anything necessary to complete the work properly shall be performed by the contractor, whether specifically set out in the contract or not. All sections of the specifications shall be read as constituting a whole and not as an aggregation of individual parts, and whatever is specified in one section shall be construed as applying to all sections. 22. The City of San Bernardino reserves the right to accept or reject any and all bids. 23. Prompt payment. Each bidder may stipulate in their bid a percentage prompt payment discount to be taken by the City in the event the City makes payment to the Contractor within ten (10) working days of receipt of material and. approval of invoice. For the purpose of this provision, payment is deemed to be made on the date of mailing of the City check. NOTE: prompt payment discounts will only be used during bid evaluation in the case of ties. 24. Inquiries. Direct all inquiries to Vanessa Slouka at 909-384-5346. Technical questions may be sent via fax to 909-384-5043. The answers to material questions will be -provided to all potential bidders. 25. Bid/Price forms. No bid will be acceptable unless prices are submitted on the pricing forms.fumished herein, and all required forms are completed and included with bid. Deliver all bids, SIGNED and SEALED, to the Purchasing Division, Finance Department at 300 North "D" Street, 4th Floor, City Hall, San Bernardino, California 92418. CLEARLY MARK THE RFQ SPECIFICATION TITLE: CITY-WIDE POOL COVERS and Number F-17-16 ON THE OUTSIDE OF THE ENVELOPE. 26. Time. All bids must be received in the Purchasing Division no later than 3:40 PM. PST, May 11, 2017. where at such time and said place bids will be publicly opened, examined and declared. Any bid may be withdrawn by bidder prior to the above scheduled time for the opening of bids. Any bid -received after that time and date specified shall NOT be considered. 27. The City of San Bernardino reserves the right at its own discretion to award separate contracts for each category, or to award multiple contracts, or to award one contract for furnishing and delivering of all equipment and/or services in all categories. 28. Equipment. In the purchase of equipment, Contractor shall be required to furnish one (1) OPERATORS MANUAL and one (1) PARTS MANUAL for all equipment bid. 29. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (U.S.C. Sec 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the Business and-Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. 30. Contractor shall indemnify, defend and hold City, its officers, employees and agents harmless from any claim, demand, liability, suit, judgment or expense (including, without limitation, reasonable costs of defense) arising out of or related to Contractor's performance of this agreement, except that such duty to indemnify, defend and hold-harmless shall not apply where injury to person or property is caused by City's willful misconduct or sole negligence. The costs, salary and expenses.of-the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorney's fees" for the purposes of this paragraph. 31. While not restricting or limiting the foregoing, during the term of this Agreement, Contractor shall maintain in effect policies of comprehensive public, general, and automobile liabili1y insurance. in the amount of 1,000,000 combined sin le limit and statuto�y worker's compensation coverage. and shall file copies of said-policies with the City's Risk Manager prior to undertaking any work under this Agreement. The policies shall name the City as an additional insured and shall provide for ten (10) day notification to the City if said policies are terminated or materially altered. 27 CAIT4.ICI II 12FRW RMANCri QP1All"1 IND 130NIM The hentrertnrwill he required Fn 'made payable to the Gity of San n an amount to 01 1004 the hid mine to IRsure the rannimetek, faithfulperFer-manr.e of this nnnkar Said supety shall be subjeist to the appr4aval of the Gity of -San BernapdiRe, bonds shall be n-aGGeFdanGe with GrdinanGe No. f Sertion o Best's and the GO peFation isswift de io n 33. Written contract documents, duly authorized and signed by the appropriate authority, constitute the complete and entire agreement(s) that may result from the RFQ. 34. City may, at its discretion, exercise option year renewals for up to three (3) years, in one-year increments. 35. By submitting a bid, bidder warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and specifications of this RFQ are currently held by bidder, and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in bidder's response. Bids lacking cor)ies and/or Droof of said licenses and/or certifications may be deemed non-responsive, and may be refected. 36. Once the award has been made and prior to the commencement of the job, the City's Municipal Code (M.C. 5.04.005) requires that a Business doing business with the City, obtain and maintain a valid City Business Registration Certificate during the term of the Agreement. 37. Vendor (Contractor)/ Consultant services agreement(s) (VSA/CSA). A signed vendor/Consultant service agreement may be required between both parties prior to commencement of the job. CERTIFICATE OF LIABILITY INSURANCE fa13Qo1s THEE CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPOAE THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AN9ND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(Sj, AUTHORIZED REPRESENTATIVE OR PRODUCER., AND THE CERTIFICATE HOLDER. IMPORTANT: I' the Certificate holder is an ADDITIONAL fNSURED, the Wfg—flos) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statsmant On this Cortiffcate does not confer rights to the certificate holder In Ilea of such endoraement(si, PR MCT =b USA, IN c PH N .... - limCooW FAX 35001 RbK Suite 2400 AbftGA 3DM Aft A0mILCeM"uoM@mvM=n Mar 212.948-4321 as S AFFORDING COUNuMWSUM n�nlC x 45110yCA5•GAiJYYX-18.17 _. _ _ __ - --_ in u�R�:�l�bCrufomEnwaanceCprr�apy f4rarSysione,h� — �eRa,;(3ierterr1mil%ALnsura fl—pow 25615 22218tan�mS Avenue aswtea c _ Urdas Foe blsurar�ce Ca. ofPpLsdepi� PA f 19445 fttd Am, CA 92107 mavrtea o • PhoaYx Isesosar>ce C,anpsay �� INstiRau e, L>berlYinstumtte Undann8�3lnc. 18917 �--- -- _ __y awuz+�x , T Ie+sP10PmY lyCnanpanyOlArnalce DM674 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN 190ED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTIMTNSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES' DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHONMN MAY HAVE BEEN REDUCED BY PAID -s 1.A91AS. A X f cooaleRfaALf3EKMLUAagd1Y CtAlUShciAOt? � o=,R % —iY259JI8fIP�Ox. 707=lcy rWATEpLpIM�IT.APPLWDER7& LOC T4*pr AUTUMC eLL4mulY X MY�pAUTO SOS SWEDULED FARIDAUTOS ` AUTOS' MN L AUT05 U111191119JAUASOCCUR >E LIAB � er slue. G S NrAj IO12951WfCA) (AZ,OR,WO 09s01I2016 1s mum S 2AOD.9D0 I s 4J1D8,OD8 noxa W^Ir- Is 131wrl L£ WIT I— N"I; ,a IMJURYMar pom"S INJURY (paragcdom g MAGF b L}1 t�1,:51,000 s �R6NCE IS LAre �f s - r &L.oBEASP-PrN riC E Even tlmt�* •� 100003448608 11Bd01rt016 =10v w0="= I j AA4reAo D UfflPrfQI 0FOPERAT16NX/L0oA1TMS/VEHICLBS JAWRDloll AdMft"Ru=ftBabedem,may'gI4ft WIrmomSpnee15,e4*Vdl Rrx ForWo metlon 0* FICATE HOLD . {� _ _ ,_... _ CANCELLATION 1=0 2221/ $1NIEINS,IILC $SHOULD ANY OF THE AlitBW DWRfta POLI WS SS CAIiOMgD BEPOREa smut�A CAA THE fLMAT" CA= THERH61r. NOTi4EP WILL BB D@Li1 RW MI ACCOft6ANQE WITH TH9 PC1.fCYfitOYg9lpflS. ACORD 26 (2044M9) AMOK= F B %ffff AT1vg of mach U94brc, Marlashl PAW*O* +l�'(awtaaara: u (S 1959-2944 AGORD CORPORATION. All rights The ACORD name and logo are nagistenad tttaritiS Of ACORD reserved. AC RL7f AMOY USA,FOUCYRUMM lar AGENCY CUSTOMER ID: 457102 too N At rria ADDITIONAL REMARKS SCHEDULE CARRIER BAIL COON RAIV�O wawleo 14iarSrsteAs, lea 2W Sid Amn SaWas. CA 9'W a7W- M OATS: Page 2 of 2 TM aGOW r1ame and logo We registered marks ofACORID - Ise KNORR SYSTEMS, INC. A PLAYCOW Company Meyco Safety Cover Reference Lift Hesperia Recreation & Park District Contact: Brad Cook Title: Park Supervisor Address: 16292 Lime Street Hesperia, San Bernardino, 92345 Telephone: (760) 559-4.468 Email: b-cook@hesperiaparks.com City of Boulder City Contact: Jacob Anderson Tittle: Aquatics Coordinator Address: 401 Califomia Avenue Boulder City, Nevada, 69005 Telephone (702) 293-9288 Email: JAndersen@bcnv.org City -of Brea Contact: Eric Aulls Title: Building Maintenance Supervisor Address: 1 Civic Center Circle Brea, Ca 9282. Telephone: (714) 990-7789 Email: erira@cltyotbrea.net Aquatic Equipment, Mechanical Room & Water Treatment Specialists soumern E:aliformis. Northern Califomfa: TexaVoldahoma: 2221 Standard Avenue 2021 Las Positas Court, Sufte 143 4320 Sunbelt (give Santa Ana, GA 92707 Livermore, CA 945SI Addison, TX 75001 Phone: (714) 754.4044 Phone. (925) 273-0722 Phone: (972) 732.0306 Fax: (714) 754-1405 lax: (925) 273-0726 Fax: (972) 737.0305 e)) iti\.lr. AMON I . warranty Meyco Safety Swimmpool Cover Limited 12 Year Warranty TWO YEARS TWELVE YEARS What is covered Defects in material and/or workmanship Failure under normal use and service in a new cover. condition Now Long Two years from date of original purchase. Twelve years from date of original purchase Mat We Wig Do We will replace or repair, at our option, We will replace your cover at a any part or parts which to our satisfaction percentage of the current list price; prove deflective, customer to pay for usage on a pro rata basis for each month of ownership or pari thereof up to a total of 144 months. What We 1N711 not Ltd Warranty condtitons will not be honored if: (a) the cover has been subjected to misuse, (e.g. not drum -tight), alteration, negleact, abuse or accidents caused by, but not limited to animals, machinery or other foreign objects. (b) the water level of the pool falls more than IS" below the pool top during snow seaons or, (c) a standard or rectangular cover is used on other than a rectangular pool for which it is sized for; (d) the cover Is used on a pool other than the original installation or, (e) the cover is not used for Its stipulated purpose or not installed and used In accordance with manufaciur+er's instruction or; (f) the cover pump (solid safety cover) has not been used to remove accumulating suriec a water What Customer To be considered for repair or replacement original purehasear should return the Mwt Deli cover FREIGHT PREPAID with springs removed In a clean, dry condition, along with proof of purchase Indicating date of purchase, from whom purchased and a warranty number. Icor more information on warranter servioe call our customer service depwtrnent of (600) 446.3926. Caves will not be accepted thr warranty corrside3r'adon without a return authorization from Meyco Produces Offtr CondiNOM Ali repairs or replacement under warranty shrill be R0,9, Spartanburg, S.C. or Melville, NX Meyco shalt not be liable for freight, IfteWatlon, zearvioe, or labor Note; Cover pumps (solid safety cover) are covered by a separate manufacturer`s warranty. SteM Law Rights This warranty gives you specific legal rights. You may have other rights which vary from state to stare, Twelve Year Warranty is for MeycoLite Mesh, RuggedMesh and PermaGuard covers only. This warranty is written free from "legaleW and in conformity with the warranty format recommended by the Federal Trade Commission and in keeping with the intent of the Magnuson -Moss Warranty Act. �,.. "2312 CORP . . KNORR SYSTEMS me .�+., C61/D35 C53 •�,�.OMI12019 WWW.cslb.ce.gov R V. 166M.KNORR SYSTEMS, INC. A IZL yoxm. Company Bidder Experience, Competency, Qualification and Profile • Knorr Systems has been in business since 1977. • We have been selling and installing Meyco Safety covers since 1998. • We have subcontracted to Advanced Pools & Spas on multiple safety cover installations as well as other deck and mechanical equipment. • We are a corporation. • Knorr Systems is a commercial aquatic service supported distribution company. We supply and service mechanical, safety, maintenance and deck equipment. • We perform mechanical installations, preventative maintenance, regularly scheduled pool maintenance. • We have three office locations, Santa Ana, Ca; Livermore, CA; and Addison, TX. • We currently employ 69 people. • The contact person during the period of bid evaluation is Tiadra Carter, Inside Sales, (714) 754-4044, 2221 Standard Avenue, Santa Ana, CA 92707. • This bid shall remain valid for 120 days from the date of submittal. Aquatic Equipment, Mechanical Room &Water Treatment Specialists Southem Califomla: Northem Califomia: Texas/Oldahoma: 2221 Standard Avenue 2021 Las Positas Court, Suite 143 4320 Sunbelt Drive Santa Ana, CA 92707 Livermore, CA 94551 Addison, TX 75001 Phone: (714) 754-4044 Phone: (925) 273-0722 Phone. (972) 732-0306 Fax: (714) 754-1405 Fax: (925) 273-0726 Fax: (972) 732-0305