HomeMy WebLinkAboutDECKSIDE POOL SERVICE - 2009City of Santa Ana
Clerk of the Council
AGREEMENT TERMINATION
Please complete this form when the attached agreement is no longer in effect.
Return form to the Clerk of the Council Office (M-30).
Call 647-2520 if you have any questions. r '
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"POOL AUG 1 0 "POOL AND FOUNTAIN MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this 17`h day of June, 2009 by Deckside
Pool Service, a California corporation (hereinafter "Contractor"), and the City of Santa Ana, a
charter city and municipal corporation organized and existing under the Constitution and laws of
the State of California (hereinafter "City").
RECITALS
A. The City desires to retain a Contractor having special skill and knowledge in the field of
pool and fountain cleaning and maintenance comparable with "high-level" industry
practice.
B. Contractor represents that Contractor is able and willing to provide such services to the
Citv.
C. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional "high-level" contractor in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Contractor shall perform pool/fountain maintenance services as set forth in Request for
Proposal 06-071 For Providing Fountain Maintenance Services at the City of Santa Ana
Downtown Civic Center, attached as Exhibit A and incorporated by this reference.
2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services,
the rates and charges identified in Exhibit B. The total sum to be expended under this
Agreement shall not exceed $92,895, annually, during the term of this Agreement. This amount
includes a 10 percent contingency for unanticipated work and unforeseen emergencies.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City or as otherwise provided in Exhibit A.
RA"Nal
a. This Agreement shall commence on April 1, 2009 and terminate on March 31, 2010,
unless terminated earlier in accordance with Section 12, below. Any services
provided pursuant to this agreement since April 1, 2009 shall be included within the
scope of services.
b. As to the Second Street Mall Fountain the agreement shall commence on July 1, 2009
and terminate on December 31, 2009 unless terminate earlier in accordance with
Section 12, below.
c. Additionally, the City may terminate this Agreement if the Santa Ana City Council
fails to approve funding for the Agreement for any fiscal year covered herein. This
Agreement may be renewed for up to two additional 1 -year terms, upon the election
of the City. Such renewal(s) shall be in a writing executed by the Executive Director
of the Parks Recreations and Community Services Agency and the City Attorney.
4. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Contractor performs the services which are the subject matter of this Agreement; however, the
services to be provided by Contractor shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Contractor shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to its
employees and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Contractor shall maintain commercial
general liability insurance naming the City, its officers, agents, volunteers, and employees as
additional insured(s) and shall include, but not be limited to protection against claims arising
from bodily and personal injury, including death resulting therefrom and damage to property,
resulting from any act or occurrence arising out of Contractor's operations in the performance of
this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance
shall be not less than the following: single limit coverage applying to bodily and personal injury,
including death resulting therefrom, and property damage, in the total amount of 51,000,000 per
occurrence. Contractor shall supply City with a fully executed additional insured endorsement in
substantially the form as set forth in Exhibit `B" attached hereto upon execution of this
Agreement. Said endorsement shall be approved in form by the City Attorney.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non -owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Contractor is required to be insured against liability for worker's
compensation or to undertake self-insurance. Prior to commencing the performance of the work
under this Agreement, Contractor agrees to obtain and maintain any employer's liability
insurance with limits not less than $1,000,000 per accident.
d. If Contractor is or employs a licensed professional such as an architect or engineer
Contractor must obtain and maintain Professional liability (errors and omissions) insurance, with
a combined single limit of not less than $1,000,000 per claim.
e. The following requirements apply to the insurance to be provided by Contractor
pursuant to this section:
(i) Contractor shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
I. If Contractor fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its
time and materials expended prior to notification of termination. Contractor waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
6. INDEMNIFICATION AND HOLD HARMLESS
Contractor agrees to indemnify and hold harmless the City, its officers, agents,
employees, contractors, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, lost profits, restitution, judicial or equitable relief or any
other type of damage whatsoever arising out of claims for the same, which may arise from the
direct or indirect actions of the Contractor or its contractors, subcontractors, agents, employees,
or other persons acting on their behalf which relates in any way to the services provided by
Contractor under this Agreement; and (2) from any claim that personal injury, damages, just
compensation, lost profits, restitution, or judicial or equitable relief or any other type of damage
whatsoever is due by reason of the terms of or effects arising from this Agreement or of the
Contractor's actions hereunder. This indemnity and hold harmless agreement applies to all
claims for damages, just compensation, restitution, lost profits or any other judicial or equitable
relief or damages suffered, or alleged to have been suffered, by reason of the events referred to in
this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor
further agrees to indemnify, hold harmless, and pay all costs for the defense of the City,
including fees and costs for special counsel to be selected by the City, relative to any action by a
third party challenging the validity of this Agreement, or asserting that personal injury, damages,
just compensation, restitution, lost profits, or judicial or equitable relief or any other type of
damage whatsoever has arisen by reason of the terms of, or effects arising from this Agreement
or Contractor's actions hereunder. City may make all reasonable decisions with respect to its
representation in any legal proceeding.
7. CONFIDENTIALITY
If Contractor receives from the City information which, due to the nature of such
information, is reasonably understood to be confidential and/or proprietary, Contractor agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent of the other
party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault of the Contractor, disclosed in a publicly available source; (c) is in rightful
possession of the Contractor without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Contractor without
reference to information disclosed by the City.
S. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Executive Director of Parks, Recreation and Community Services
City of Santa Ana
20 Civic Center Plaza (M-23)
P.O. Box 1988
Santa Ana, California 92702
and
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Contractor: Deckside Pool Service
27758 Santa Margarita Parkway #194
Mission Viejo, California 92691
Telefacsimile (949) 713-7624
A party may change its address by giving notice in writing to the other party. Thereafter,
communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, communication shall be effective or
deemed to have been given twenty-four (24) hours after the time set forth on the transmission
report issued by the transmitting facsimile machine, addressed as set forth above. For purposes
of calculating these time frames, weekends, federal, state, County or City holidays shall be
excluded.
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive agreement between the City and
Contractor, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Contractor. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other Contractors retained by City.
12. TERMINATION AND DAMAGES
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination and by the Contractor upon ninety (90) days written notice. In the event of
termination by the City, Contractor shall be entitled to receive and the City shall pay Contractor
compensation for all services performed by Contractor prior to receipt of such notice of termination,
subject to the following conditions:
a. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement and in the Specifications, Exhibit "A" hereto.
b. Material Breach: If the Executive Director determines the Contractor has failed in
the performance of the duties and/or schedule as provided herein, the Director may consider the
Contractor in material breach. City may exercise all remedies in law or equity for said breach
including, but not limited to: 1) withholding all or a portion of payment owed relative to any
such failure to perform or for any delay in performance, and 2) directing the work be
accomplished by either City employees or a new contractor at Contractor's expense, as
determined by the Director. Contractor shall be responsible for all costs resulting from any
breach, including incidental and consequential damages.
13. DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in recruitment, selection, training, utilization, promotion, termination or any
other employment related activity. Contractor affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14. JURISDICTION - VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be governed and construed in accordance with the laws of the State of
California. Both parties further agree that Orange County, California, shall be the venue for any
action or proceeding that may be brought by the parties hereto or arises out of, or in connection
with or by reason of this Agreement.
15. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Contractor shall notify the City
immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability may, at the City's discretion, be cause for termination of
this Agreement.
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
PATRICIA E. HEAL
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
By: iL IS -
r —
Kylee qtto
Assistaht City Attorney
Signatures continued on next page
CITY OF SANTA ANA:
DAVID N. REAM
City Manager
President
POOL SERVICE
FOR APPROVAL:
Gerardo Monet
Executive Director f the
Parks Recreation and Community
Services Agency
EXHIBIT A
SPECIFICATIONS
City of Santa Ana
Pool and Fountain Maintenance and Repair Agreement
Description/Specifications/Work Statement
C.1 GENERAL
C.1.1 Scope of Work. The Contractor shall furnish all labor, vehicles, chemicals, tools,
materials, equipment, transportation, and supervision, except as specified herein as City
furnished, to manage and perform maintenance and minor repair of pools and fountains at the
Law, Library, Sasscer Park and Plaza of the Sun within the Santa Ana Civic Center and at the
Second Street Mall located on Second Street between Broadway Blvd and Sycamore Street.
C.1.1.1 Responsibilities Included. Pool and fountain maintenance and repair services
covered by this specification include the tasks shown in the table below.
Pool and Fountain Maintenance & Repair
(where applicable work shall be performed routinely per manufacturers
s ecifications
1
Maintain pumps
2
Maintain pump motors
3
Maintain all plumbing i.e. piping, couplings, and fittings
4
Maintain chlorine and metering/monitoring metering/monitoringequipment
5
Maintain filters
6
Maintain fountain nozzles free of debris. Replace when spray pattern deviates from
intended design
7
Maintain valves
Daily Routine Maintenance and Operation To Meet All O.C. Health Department
Re uirements
8
Test and adjust the chlorine and other chemicals levels in the water .
9
Test the pfi level in the water
10
Add acid or soda ash as necessary to adjust pH level
11
Provide all pool supplies (e.g., chemicals, testers)
12
Replace carbon dioxide gas cylinders when empty and without interruption to
system operation
13
Empty strainer(s) (interceptor basket), skimmers and screens
14
Shock treat the pool when required to maintain water free of algae
15
Vacuum and clean pool
16
Adjust water level
17
Test and replace underwater lights as outages occur.
Periodic Maintenance Per Manufacturers Specifications
18
Backwash and operate filter(s) as recommended by the manufacturer.
19 Re lace filter medium, if necessary as recommended by the manufacturer.
Pool Structure Routine Maintenance and Repair
20
Repair interior pool and fountain cracks and leaks (pool or liner) caused by normal
Maintenance and Repair
age and wear. Cracks and leaks caused by extraordinary cause, i.e., vandalism,
Paint interior and exterior of um /filter room
earthquake, do not apply
21
Replace broken or missing skimmer lids and drain covers as necessary.
C.1.1.2 Responsibilities Excluded. Pool and fountain maintenance and repair services
covered by this specification exclude the tasks shown in the table below.
C.1.1.3. Frequency of "daily" tasks shall be seven days at the Civic Center and three days
per week (Monday -Wednesday -Friday) at the Second Street Mall. Contractor shall maintain a
set schedule for providing the daily tasks.
C.1.2 Background Information
C.1.2.1 Place of Performance. The place of performance for pool and fountain
maintenance and repair services is the City of Santa Ana Civic Center.
C.1.2.4 Bid Requirement. Prior to contract award, any bidder may be required at any
time to demonstrate to the Director that they can successfully perform maintenance work of the
type involved in this Agreement and that he possesses suitable equipment to perform the work.
C.1.3 Personnel
C.1.3.1 Project Foreman. Unless the Contractor is available as required herein, the
Contractor shall provide a Project Foreman to be available during the normal hours of operation
as specified in paragraph C. 1.6 to act with full authority for the Contractor. This individual shall
be responsible for the supervision, overall administration, and coordination of all required
services. The Contractor shall provide the name(s) and telephone number(s) of the Project
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Tasks Excluded from Pool and Fountain Maintenance and Repair
Facili
Maintenance and Repair
1
Paint interior and exterior of um /filter room
2
Maintain um /filter room (e.g., lights, ventilation)
3
Repair building electrical components
4
Replace lamps for area and general lighting
5
Repair power panels, switches, outlets, etc.
Grounds and Fencing
6
Cut grass
7
Trim shrubbery
8
Rake leaves and grass
9
Repair fences and gates (including locks)
10
Perform other grounds work (e.g., plant flowers)
11
Repair or repaint signs
C.1.1.3. Frequency of "daily" tasks shall be seven days at the Civic Center and three days
per week (Monday -Wednesday -Friday) at the Second Street Mall. Contractor shall maintain a
set schedule for providing the daily tasks.
C.1.2 Background Information
C.1.2.1 Place of Performance. The place of performance for pool and fountain
maintenance and repair services is the City of Santa Ana Civic Center.
C.1.2.4 Bid Requirement. Prior to contract award, any bidder may be required at any
time to demonstrate to the Director that they can successfully perform maintenance work of the
type involved in this Agreement and that he possesses suitable equipment to perform the work.
C.1.3 Personnel
C.1.3.1 Project Foreman. Unless the Contractor is available as required herein, the
Contractor shall provide a Project Foreman to be available during the normal hours of operation
as specified in paragraph C. 1.6 to act with full authority for the Contractor. This individual shall
be responsible for the supervision, overall administration, and coordination of all required
services. The Contractor shall provide the name(s) and telephone number(s) of the Project
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Foreman(s) within two weeks after contract award date. The Contractor shall provide written
notice to the Director in advance of any change of the Project Foreman. The Project Foreman
shall be able to understand, speak, read, and write the English language as is necessary for the
fulfillment of the terms of the Agreement. The Project Foreman shall return all calls from the
Director within two hours.
C.1.3.2 Alternate Project Foreman. The Contractor shall designate at least one
Alternate Project Foreman to act for the Project Foreman with the same authority during
absences of the Project Foreman (e.g., vacation and sick leave). The Contractor shall provide the
name(s) and telephone number(s) of the Alternate Project Foreman(s) within two weeks after
contract award date. The Contractor shall provide written notice to the Director in advance of
any change of Alternate Project Foreman. The Alternate Project Foreman shall be able to
understand, speak, read, and write the English language as is necessary for the fulfillment of the
terms of the Agreement.
C.1.3.3 Other Personnel Requirements
C.1.3.3. t Legal Residents. The Contractor shall provide only those personnel who are
legally entitled to work in the United State to accomplish work and services specified herein.
C.1.3.3.2 English Comprehension. All Contractor personnel working on the project shall
read and understand the English language to the extent necessary to read and understand
operation, safety, health, and security regulations relating to the performance of this Agreement,
including the following:
a. Any necessary instructions concerning equipment to the extent that performing
the employee's duties requires the employee to operate, maintain, repair, or in some way interact
with the equipment.
b. Any regulations, directives, or policies that he must know in order to accomplish
the work on the project as a Contractor employee.
C.1.3.4 Contractor Employee Skills Required. The Contractor's employees performing
the services required by the this Agreement shall have specialized training, prior work
experience, or the demonstrated technical skills to fulfill the specific requirements of these
Specifications and the Agreement.
C.1.3.5 Employee Physical Capabilities. There shall be no discrimination against
employees on the basis of handicap or other physically disabling conditions. Contractor shall
obey all State and Federal laws concerning the disabled..
C.1.3.6 Standards of Conduct for Contractor Personnel. The Contractor shall be
responsible for maintaining satisfactory standards of employee competency and conduct and for
taking disciplinary action against his employees as necessary. No Contractor employee under
the influence of alcohol, drugs, or any other incapacitating agent shall be allowed on the jobsite.
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The removal from the job site of a Contractor employee shall not relieve the Contractor of the
requirement to provide sufficient personnel to perform the work specified in the contract.
C.1.3.7 Uniforms. All Contractor personnel shall wear uniforms that are clean and neat
and free of wrinkles, tears, holes, frayed edges, spots, stains, body odor, and logos or graphics
other than company identification patches. All uniforms should identify the name of the
Contractor. Uniforms shall be clearly distinguishable from City employee uniforms.
C.1.3.8 Where required under law, the Contractor shall assume full responsibility for
compliance with apprenticeship standards as established by Section 1777.5 of the California
State Labor Code.
C.1.3.9 Insurance Certifications.
C.1.3.9.1 During performance hereunder, and entirely at Contractor's sole expense,
Contractor shall procure and maintain the following insurance, which shall be full coverage
insurance not subject to self-insurance provisions. Contractor shall not, of its own initiative
cause such insurance to be canceled or materially changed during the course of the herein
Agreement.
C.1.3.9.1.1 Worker's Compensation Insurance: Within limits established and required by the
State of California
C.1.3.9.1.2 Employer's Liability with a limit of $1,000,000.
C.1.3.9.1.3 Comprehensive General Liability to include Completed Operations, Contractual,
Independent Contractors and Personal Injury, and Automobile Liability, including all auto; with
at least the following combined limits of liability:
a. Primary Bodily Injury Liability limits of $1,000,000 per occurrence.
b. Primary Property Damage Liability limits of $1,000,000 per occurrence.
C. Primary Bodily Injury and Property Damage Liability combined single limit of
$1,000,000 is preferred.
C.1.3.9.2 Certificate of Insurance. Prior to commencement of any work hereof, Contractor
shall furnish to the City Purchasing Manager a Certification of Insurance which shall certify
Contractor's insurance policies provide:
a. The City of Santa Ana, its officers, employees, agents, and representatives are named
as "additional insured" on Comprehensive General Liability and Automobile Liability
insurance with respect to performance hereunder.
b. The coverage shall be primary and noncontributory as to any other insurance with
respect to performance hereunder; and
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c. Thirty (30) days prior written notice of cancellation or material change is required to
be given to City.
C.1.3.9.3 Occurrence. As used herein, means any event, or related exposure to conditions,
which result in bodily injury or property damage.
C.1.3.10 Director's Authority. The Director is the only person authorized to direct changes
in any of the requirements under the Agreement and, not withstanding any provisions contained
elsewhere in the Agreement, and said authority remains solely in the Director. In the event that
the Contractor effects any such changes at the direction of any person other than the Director, the
changes will be considered to have been made without authority and solely at the risk of the
Contractor. In addition, the Director shall have the authority to accept/reject materials,
workmanship and to make minor changes in work or schedule, not involving extra cost. When
the performance of the work or completion per schedule is determined to be sub -standard, he
may (1) recommend that all or a portion of payment be withheld, and/or forfeiture for delay in
assessed; and/or (2) direct the work be accomplished by either City forces or separate contractor,
in order to complete the necessary work as close to schedule as possible, and withhold the
resulting costs. Payment to be withheld shall be deducted from the next monthly payment due
the Contractor, or if the amount is insufficient to cover payment, the Contractor shall be liable
for said deficiency and will be billed accordingly. The Director, or his authorized representative
shall decide all questions, which may arise as to the manner of performance and completion per
schedule, acceptable fulfillment of the Agreement by the Contractor, interpretation of the
specifications, and compensation, including completion of work by alternate sources.
C.1.3.11 Subcontractors
C.1.3.11.1 Designation of Subcontractors. In accordance with the provisions of Section
4100 and subsequent section of the Government Code concerning the Subletting and
Subcontracting Fair Practices Act, bids on public contracts and for all work except the
construction, improvement, or repair of streets or highways and bridges shall include a listing of
all subcontractors who will perform work or labor or render service to the prime contractor's
total bid. This requirement for the listing of subcontractors also extends to that portion of street
or highway work involving street lighting and traffic signals as noted in Section 4100.5. The
portion of work, which will be done by each such subcontractor, must be listed and only one
such subcontractor shall be listed for each portion.
C.1.3.11.2 Failure to Specify Subcontractors. If the bidder fails to specify a subcontractor
for any portion of the work to be performed under the contract in excess of one-half of one
percent of the bidder's total bid, he agrees to perform that portion himself. The successful bidder
shall not, without the written consent of the city:
a. Substitute any person or firm as subcontractor in place of the subcontractor
designated in the original bid.
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b. Permit any subcontract to be assigned or transferred or allow it to be performed by
anyone other than the original subcontractor listed in the bid.
Subcontract any portions of the work after bid is submitted if the cost thereof exceeds
one-half of one percent of the total bid and a subcontractor was not designated for the
work in the original bid.
C.1.6 Hours of Operation
C.1.6.1 Normal Hours of Operation. Normal operating hours shall be from 6:30a.m. to
6:00 p.m. Sunday through Saturday.
C.1.7 Conservation of Utilities. 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:
a. Instructing personnel to conserve energy by turning off unneeded equipment and
utilities (including electricity and water).
b. Using lights only in areas where work is actually being performed.
C. Allowing adjustment of mechanical equipment controls for heating, ventilation,
and air conditioning systems only by authorized workers.
d. Turning off water faucets or valves after required usage has been accomplished.
e. Complying with water bans imposed by local, state, or Federal agencies.
C.1.8 Vehicle Passes. The Contractor and Contractor personnel shall obtain vehicle
passes from The County of Orange Parking Administrator, Public Facilities & Resources
Department.
C1.9 Building Security. The Contractor shall be responsible to ensure buildings
serviced by the Contractor are locked during non -duty hours.
C.1.10 Security of Contractor Owned Property. The Contractor shall be responsible
for the security of Contractor Owned Property.
C.1.11 Permits and Licenses. The Contractor, prior to award of contract and without
additional expense to the city, shall procure all necessary permits and licenses including, but not
limited to, a City of Santa Ana Business License.
C.1.12 Obedience to Laws. Contractor shall obey and abide by all applicable laws,
regulations, and ordinances, and other rules of the United States of America, territory, or
subdivision thereof wherein the work is done, or any other duly constituted public authority.
14
C.1.13 Safety. 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 Director 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.
C.1.13.1 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.13.2 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.
C.1.13.3 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.
C.1.13.4 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.
C.1.14 Environmental Protection. The Contractor shall comply with all federal, state,
and local laws, regulations, and standards regarding the Environmental Protection and
Enhancement Program.
C.2 DEFINITIONS
C.2.1 Definitions of Terms.
Clean. Free from dirt, dust, spots, streaks, stains, smudges, litter, debris, contamination, or
residue or impurities, unsoiled, unstained, or recently washed.
Director. The Director of Parks, Recreation and Community Services or their designated
representative with the authority to enter into, administer, or terminate contracts and to make
findings and determinations on behalf of the City. This is the only individual authorized to
change a contract or any of the requirements therein.
15
Contractor. The individual, partnership, company, or corporation responsible for the duties and
responsibilities under the Agreement. The term also covers requirements for any subcontractor.
The Contractor is ultimately responsible for ensuring that all subcontractors comply with the
provision of the Agreement.
Day. A normal weekday, unless otherwise specified.
Deficiencv. A shortcoming in the quality or state of service performed.
Disinfect. Cleaning in order to destroy any harmful microorganisms by application of an
approved chemical agent.
Emergency. Any unforeseen circumstance or combination of circumstances that requires
immediate action.
Environmental Pollution. The condition resulting from the presence of chemical, physical,
radiological and/or biological forces that alter the life biosystems, structures, and equipment,
recreational opportunity, aesthetics or natural beauty or the environment.
Frequency of Service. The following are frequencies and their definitions.
Frequently
Abbreviation
Definition
Annual
A
Services performed once during each 12 month
eriod of the contract
Semi -Annual
S/A
Services performed twice during each 12 month
period of the contract at intervals of 160 to 200
calendar days
Quarterly
Q
Services performed four times during each 12 -
month period of the contract at intervals of 80 to
100 calendar days.
Monthly
M
Services performed 12 times during each 12 -month
period of the contract at intervals of 28 to 31
calendar days.
Weekly
W
Services performed 52 times during each 12 -month
contract period at intervals of 6 to 8 calendar days.
Twice Weekly
2W
Services performed twice a week, such as Monday
and Thursday or Tuesday and Friday
Daily
D
Services performed each calendar day, Sunday
through Saturday, including holidays unless
otherwise noted.
Three times
3W
Services performed three times a week, such as
Weekly
Monday, Wednesday, Friday but not consecutive
days.
11v
Hazardous Waste. Any waste materials that are toxic or poisonous, corrosive, irritating,
desensitizing, radioactive, biologically infectious, explosive, or flammable and hat present a
significant hazard to human health and the environment. Special handling procedures and
disposal facilities are required for their disposal.
Minor Repairs. Repairs that are necessary for maintenance of equipment, such as refacing valve
seats, and replacing washers.
Minor Parts. Repair parts having a per item cost of $25.00 or less.
Owner. The person or persons who own a facility or part of a facility. For purposes of the
contract, the City is the owner.
Periodic Services. Services which are required less frequently than once per billing period.
These normally include services which are performed at a frequency or less than once per month,
e.g., quarterly or semi-annually.
Preventive Maintenance. Work performed by the Contractor to inspect, repair, and keep in
proper operating condition all City equipment the Contractor is responsible for maintaining.
Recvclable Materials. Materials that normally have been or would be discarded and that may be
reused after under going some type of physical or chemical processing. Recyclable materials do
not include precious metal bearing scrap and those items that may be used again for their original
purpose or function without any special processing.
Routine Services. Services which are required on a regular basis within each billing period.
These normally include services performed at a frequency or at least once per month, e.g., daily
or weekly.
Work Day. A normal duty day, Sunday through Saturday.
C.4 CONTRACTOR FURNISHED PROPERTY AND SERVICES
C.4.1 General. Contractor furnished property and services shall be compatible with
existing City systems and equipment as necessary to perform the requirements of the Agreement.
C.C.4.1 24 -Hour Contact Number
The Contractor shall provide the Director with a telephone number at which a
contact person for the Contractor may be reached 24 hours a day. The contact
person shall be required to respond back to the Director or his representative
within 1 hour. The contact person shall have the appropriate knowledge and/or
authority to take appropriate action in response to any emergency situation that
may arise involving the contractor's responsibilities hereunder.
17
C.4.1.2. Responsibility for Work. The Contractor shall be responsible for all damages to
people and/or property that occur as a result of the fault or negligence of said Contractor or his
employees in connection with the performance of this work.
C.4.2 Failure to Perform Satisfactory
C.4.2.1 It is agreed and understood that in the short run, if the Contractor fails to perform
the work as specified herein, the Director: 1) will only pay for the amount of service received as
determined by the Director with an appropriate downward adjustment in contract price, and/or 2)
may have such required work performed by City forces or otherwise, and charge the cost thereof
to the Contractor. Such adjustments will be the estimated cost for performance by City forces
plus City overhead and will include overtime pay as required to complete work.
C.4.2.2 Billing Adjustments. The Director may make a billing adjustments 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 monthly cost for work that is incomplete or deficient as stated herein.
C.4.2.3 Hazards. The Contractor shall maintain all work sites free of hazards to persons
and/or property resulting from his operations. Any hazardous condition noted by the Contractor,
which is not a result of his operations, shall be immediately reasonably mitigated then reported to
the Parks, Recreation & Community Services Agency.
0.4.2.4 Property Damage. Any damage to City property that occurs shall be
immediately reported to the Director. The cost of repair, if required, will be at the Contractor's
expense. If damage occurs to any adjacent turf, groundcover, shrubs or trees as result of the
Contractor's negligence for the cost for necessary repair or replacements of the same shall be at
the Contractor's expense.
C.4.2.5 Access to Private Property. Prior to any work that will restrict access to private
property, the Contractor shall notify each affected property owner or responsible person,
informing him of the nature of and the approximate duration of the restriction.
C.4.2.6 Emergency Service. Twenty-four hours per day, seven days per week, the
Contractor shall be able to receive and respond to the City's call for emergency service.
Response time shall be less than two hours to remove or eliminate a public safety hazard.
Contractor shall provide the City with a local telephone number where Contractor can be
contacted twenty-four hours per day, seven days per week.
C.4.2.7 Work by City Due to Non -Conformance to Contract. Should the contractor
fail to correct deficiencies or public nuisances that have been created because of his operation,
and should these deficiencies or nuisances be considered by the Director to be of an emergency
nature, the City may move in on the project to make corrective work. Such work will be
charged to the Contractor on a force account basis with an additional callout charge of $150.00
for each callout. There will be assessed a minimum of three-hour charge for labor on any
callout.
18
C.4.2.8 Contractor Furnished Equipment. The Contractor shall provide all items
necessary for the performance of the contract including the following.
C.4.2.9 Tools. The Contractor shall provide all tools and repair equipment necessary for
maintenance and repair as specified in the Agreement.
C.4.2.10 Contractor Furnished Supplies. The Contractor shall furnish all supplies
required for his performance under the Agreement, including the following.
C.4.2.11 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.
C.4.2.12 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.
C.4.2.13 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.
C.4.2.14 Cleaning Supplies. The Contractor shall furnish cleaning supplies required for
performance under the contract.
19
DATE
'ACORD CERTIFICATE OF LIABILITY INSURANCE 09
THEPO 9 02L16
PRODUCER
THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION
LTR
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Arrow Insurance Service, Inc.
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
PO Box 940880
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Simi Valley CA 93065
REPRESENTATIVES.
Phones805-955-9555 8ax:805-955-9535
INSURERS AFFORDING COVERAGE NAIC III
INSURED
INSURER A: Mercury Casualty Company11906
INSURER B
EACH OCCURRENCE S
INEZRC:
Deckside Pool Service
1547 W. Struck Vnit 8
Orange CA 92867
INSURER D'
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PND CLAIMS.
LTR
IIINIR
TYPE OF INSURANCE
POLICY NUMBER
DA MWD
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LIMITS
REPRESENTATIVES.
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DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
• Ten Days Cancel Notice given for Non -Payment of Premium
CERTIFICATE HOLDER CANCELLATION
CITY042
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYSWRITTEN
City of Santa Ana
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Attni Carla Mack-Thompkins
Parks, Rao. and C0nim Svc Agncy
IMPOSE NO OGUMATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR
220 South Daisy
REPRESENTATIVES.
RE
Santa Ana CA 92703
ACORD 26 (2001108) 0 ACORD CORPORATION 1988