Item 25 - Agreement for Pool Maintenance and Repair Services

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(9)CITY OF SANTA ANA property subject to this Agreement. If said inspection results in discovery of work that is not performed in the manner, and to the professional degree set forth in the Specifications, The Contractor agrees that the City shall: i. Withhold from Contractor' s next monthly payment, the City' s actual or estimated cost of performing the work; or, ii. Hire a contractor or City staff to perform the work not performed and then withhold from the Contractor' s next monthly payment the City' s actual cost for performing the work to bring the property into conformance with the specifications. iii. Additionally, City shall impose liquidated damages of up to $ 300.00 per inspection, per park, per item specified herein not performed, per day not meeting the specifications during any such inspection. b) Furthermore, it is not the Public Works Executive Director or designee responsibility to inform the Contractor when work specified in the specifications was not performed or that deficiencies exist. It is the Parks Superintendent responsibility to inspect the properties to verify that work was performed to the specified level of quality and time frame followed by reporting that the work was performed satisfactorily or not. It is the Contractor' s responsibility to provide adequate supervision and staffing to visit each site daily and prepare schedules for the appropriate level of staff, equipment and materials to perform all aspects specified in this agreement. Should the Parks Superintendent create PowerPoint punch lists, essentially performing the Contractor' s Supervisor' s responsibilities/duties of determine what work needs to be performed in accordance with the agreement specifications, the City shall deduct $300 per Power Point punch list from the Contractor' s monthly invoice. 22. Conservation of Utilities: a) The Contractor shall familiarize himself and require his employees to become familiar and comply with standard operating procedures that comply with conservation regulations. Compliance with Energy Conservation best practice includes: i. Instructing personnel to conserve energy by turning off unneeded equipment and utilities (including electricity and water). ii. Using lights only in areas where work is actually being performed. iii. Allowing adjustment of mechanical equipment controls for heating, ventilation, and air conditioning systems only by authorized workers. iv. Turning off water faucets or valves after required usage has been accomplished. V. Complying with water bans imposed by local, state, or Federal agencies. 23. Safety: a) All work performed under this contract shall be performed in a manner as to provide maximum safety to the public and where applicable, comply with all safety standards required by CAL -OSHA. The Public Works Executive Director or designee reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. b) Safety Orientation for Contractor Personnel. The Contractor shall give each new employee performing under this Agreement a safety orientation concerning the hazards and precautions of the job assigned upon starting work. The Contractor shall institute a continual training program to make employees aware of existing hazards and all new hazards relative to work performed under this Agreement. c) Creation of Safety or Health Hazard. If the Contractor performs work in a manner that creates a safety or health hazard to City or Contractor personnel or the general public, the Director may issue an order stopping all or part of the work until the Contractor has taken satisfactory corrective action. No part of the lost time due to such a stop in the work shall be the subject of a claim for extension or for excess costs or damages to the Contractor. City of Santa Ana RFP 25-120 Page 26 of 52