Item 25 - Agreement for Pool Maintenance and Repair Services

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(9) CITY OF SANTA ANA d) Protective Equipment. The Contractor shall provide its employees with protection against safety and health hazards by furnishing them with all the protective equipment needed. Such equipment shall be approved for the use intended by the National Institute for Occupational Safety and Health or the American National Standards Institute (ANSI). The Contractor shall post areas that require the wearing of protective clothing or where protective equipment is necessary. e) Material Safety Data Sheets. The Contractor shall submit to the Director or his designated representative Material Safety Data Sheets for all hazardous materials proposed for use in the performance of the contract at least one week prior to actual use. In addition, he shall maintain copies on -site and available for review by his employees and/or the City. 24. Environmental Protection: a) The Contractor shall comply with all federal, state, and local laws, regulations, and standards regarding the Environmental Protection and Enhancement Program. 25. Contractor Furnished Property and Services: a) General. Contractor furnished property and services shall be compatible with existing City systems and equipment as necessary to perform the requirements of the Agreement. b) Security of Contractor Owned Property. The Contractor shall be responsible for the security of Contractor Owned Property. c) Contractor Furnished Equipment. The Contractor shall provide all items necessary for the performance of the contract including the following: i. Tools. The Contractor shall provide all tools and repair equipment necessary for maintenance and repair as specified in the Agreement. d) Contractor Furnished Supplies. The Contractor shall furnish all supplies required for his performance under the Agreement, including the following. i. Chemicals. The Contractor shall furnish all chemicals and supplies to maintain the water at the prescribed standards of purity and clarity including, but not limited to chlorine (liquid, tablets, granular, or gaseous, depending on the type of dispensing system in use), soda ash, diatomaceous earth, etc. ii. Test Kits. The Contractor shall furnish test kits for the purpose of monitoring and reporting chemical levels and conditions including but not limited to chlorine levels, pH levels, and alkalinity of the water, etc. iii. Preventive Maintenance (PM) and Minor Repair Items. The Contractor shall provide all PM and minor repair items including, but not limited to, lubricants, minor parts, fittings, gaskets, bench stock, paint, degreasers, etc. for performance under the contract. iv. Cleaning Supplies. The Contractor shall furnish cleaning supplies required for performance under the contract. 26. Failure to Perform Satisfactory: a) City Inspection. The Director or his designated representative shall regularly inspect fountains all other City 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, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the City's actual or estimated cost of performing the work to bring the property into conformance with the specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per fountain, per day not meeting the specifications during any such inspection. b) Billing Adjustments. The Public Works Executive Director or designee may make a billing adjustment in monthly payment for the cost to the City to remedy insufficiencies in service rendered by the Contractor. Billing adjustments for this unsatisfactory service may be permanent retention of 100% of the estimated City of Santa Ana RFP 25-120 Page 27 of 52