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Item 6 - Award of Bid to Knorr Systems Inc. for Pool Maintenance & Repair; RFP No. 21-006DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway October 6, 2020 Honorable Mayor and Members of the City Council Wendy Kaserman, Assistant City Manager �I,(.. Roger Morrison, Senior Management Analyst (858)668-4581 or rmorrison@poway.org CITY COUNCIL Award of Bid to Knorr Systems Inc. for Pool Maintenance and Repair, RFP 21- 006 A Request for Proposals for Pool Maintenance and Repair was posted on Eb id board on August 3, 2020. One proposal was received on August 24, 2020. Staff reviewed the proposal and is recommending award of the agreement to Knorr Systems Inc. As the proposal amount is greater than the existing budget, an appropriation of $13,401 would be required to award the agreement. Recommended Action: It is recommended that the City Council appropriate $13,401 from the General Fund unassigned fund balance to account 203020-41200, award the agreement for Swim Center Maintenance and Repair to Knorr Systems Inc. in the amount of $31,341, and authorize the City Manager to execute all necessary documents associated with the agreement. Discussion: Proactive maintenance of the pool equipment includes monthly, semiannual, and annual inspections and maintenance of pumps, filters, heaters, chemical feed systems, and an ultraviolet disinfection system. Regular maintenance and inspection of this equipment provides uninterrupted operation of the swim center and also prolongs the life of the equipment. The Request for Proposals was posted on Ebidboard, a comprehensive database for public projects that is used by many local agencies. It was also advertised in the newspaper on August 6 and August 13, 2020. Five potential proposers registered, two companies attended the mandatory walk-through on August 19, and one proposal was received on August 24, 2020. Because of the specialized work required to maintain a large swim center such as the City's, residential pool contractors are generally not qualified for this task. The sole proposer, Knorr Systems Inc., 1 of 4 October 6, 2020, Item #6 provides swim center maintenance services to a variety of public agencies including cities and school districts, and has all the qualifications necessary to complete the maintenance successfully. The total proposal amount of $31,341 is greater than the existing budget of $17,940. An appropriation of $13,401 from the General Fund unassigned fund balance would therefore be required to award the agreement. Staff is recommending the appropriation and award based on the qualifications of the proposer and the need to maintain the equipment. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: There is $17,940 in the Fiscal Year 2020-21 budget, account 203020-41200, for swim center maintenance. Approval of the staff recommendation would appropriate $13,401 from General Fund unassigned fund balance to account 203020-41200. Sufficient funds are available for this request. Future years' contract amounts will be included with the annual budget for City Council's consideration. Public Notification: A legal notice of the Request for Proposals was published in the Poway News Chieftain on Thursday, August 6, 2020, and Thursday, August 13, 2020. Attachment: A.Agreement for Pool Maintenance and Repair Reviewed/ Approved By: ��t-----Wendserman Assistant City Manager 2 of 4 Reviewed By: Alan Fenstermacher City Attorney Approved By: Chr� City Manager October 6, 2020, Item #6 CONTRACT POOL MAINTENANCE AND REPAIR THIS CONTRACT, made and concluded in duplicate, this 6th day of October, 2020, and effective November 1, 2020, between the City of Poway, hereinafter referred to as "City" and Knorr Systems Inc., hereinafter referred to as "Contractor." ARTICLE I. That for and in consideration of payments and agreements hereinafter mentioned, to be made and performed by the City, and under the conditions expressed in the bonds attached hereto, if any, Contractor agrees with City at Contractor's cost and expense, to do all the work and furnish all the materials except such as are mentioned in the Specifications (attached hereto) necessary to construct and complete in good, workmanlike and substantial manner, all to the satisfaction of the City of Poway, in accordance with the Special Provisions for this project as set forth herein. ARTICLE II. Said Contractor agrees to receive and accept as full compensation for furnishing all materials and doing all the work contemplated and embraced in the Contract an amount equal to the sum of the totals for the items of work. The total for each item of work shall be calculated by determining the actual quantity of each item of work and multiplying that actual quantity by the unit price proposal by the Contractor for that item of work. Contractor further agrees to be responsible and hold City harmless from all loss or damage arising out of the nature of work aforesaid, or from the acts of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by City. Contractor agrees to be responsible and hold City harmless from all risks of every description and under the control of Contractor pursuant to the terms of the Contract, and connected with Contractor's performance of this Contract. The Contractor is responsible for all expenses incurred by or in consequence of the suspension or discontinuance of work, and/or faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Specifications and requirements of the City. ARTICLE Ill. The City hereby agrees and promises the Contractor to employ, and does hereby employ, said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices stated, and hereby Contracts to pay the same at the time, in the manner, and upon the conditions above set forth. Said parties for themselves, to their heirs, executors, administrators, successors and assigns, do hereby agree to full performance of the Covenants herein contained. ARTICLE IV. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of proposal conflicting herewith. ARTICLE V. As set forth in Section 11, item 35, Contractor shall defend and otherwise hold City, its elected and appointed officials, employees, agents, and volunteers harmless from any and all claims, complaints, causes of action, of any nature whatsoever, arising 3 of 4 ATTACHMENT A October 6, 2020, Item #6 from Contractor's performance of the Contract. In performance of this Provision, Contractor shall name City as additional insured on a policy of general liability as required per Section II, item 21. The Covenant contained herein applies to all sums paid as a result of the above claims, including court costs and reasonable attorney fees and other litigation expenses whether or not the matter results in judgment. ARTICLE VI. Pursuant to Public Contract Code Section 22300, provisions for substitution of securities for performance retentions will be allowed. ARTICLE VII. EACH AND EVERY COVENANT, CONDITION AND PROMISE contained in the Specifications, General Provisions, and Special Provisions for said project are herein incorporated by reference as if fully set forth herein and constitute a material part of the consideration to the City in entering into this Contract with Contractor. IN WITNESS WHEREOF, the parties to those present have hereunto set their names in the year and date first above written. CONTRACTOR: Knorr Systems Inc. Date: -----Company Name BY: --------------------Signature of Contractor's Authorized Representative PRINT NAME: ---------------- CITY OF POWAY: BY: Date: -------------------------Chris Hazeltine, City Manager ATTEST: BY: Date: -------------------------Vaid a Pavolas, CMC, City Clerk Approved as to form: BY: Date: -------------------------A I an Fenstermacher, City Attorney 4of4 October 6, 2020, Item #6