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HomeMy WebLinkAbout25H - AGMT - FOUNTAIN MAINT SRVSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 7, 2011 TITLE: AGREEMENT WITH SERVICE 1ST TO PROVIDE FOUNTAIN MAINTENANCE SERVICES IN THE CIVIC CENTER CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1s` Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Service 1St to provide fountain maintenance services for the City of Santa Ana for a two-year period in the annual amount of $30,690, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency is responsible for the routine maintenance of the fountains located in the Downtown Civic Center, including the Plaza of the Fountains (three fountains), Plaza of the Sun, Sasscer Park, and the 2nd Street Mall fountain. The current maintenance contract for this service has expired. On August 24, 2011, Requests for Proposals (RFPs) were issued to companies soliciting proposals from fountain maintenance vendors to service our Downtown and Civic Center fountains. A pre-proposal conference was conducted on September 8, 2011 and three vendors submitted proposals for consideration. California Waters, Knorr Systems, Inc. and Service 1St each submitted proposals for review. A four member evaluation committee consisting of representatives from PRCSA Administration, Park Services, and CDA evaluated and rated the four proposals. The proposals were evaluated based on the vendor's Capability and Experience (25%), Past Performance (25%), and Cost of Proposal (50%). The results of the evaluation process are as follows. Vendor Score Service 1 S 374 Knorr Systems, Inc. 339 California Waters 325 25H-1 Service 1 st Agreement November 7, 2011 Page 2 Service 1St was rated highest, scoring 374 out of a maximum 400 points. Knorr Systems, Inc. scored 339, and California Waters scored 325 points. The evaluation committee rated Service 1st the highest as a result of their capability and past experience and the competitive cost of their proposal. The agreement will have a two-year term and will include a provision that allows the City to extend the agreement for two additional two-year terms. The agreement includes a base amount of $27,900 and a 10 percent contingency for unanticipated work and unforeseen emergencies, for a total not to exceed amount of $30,690. FISCAL IMPACT Funds are available in the Civic Center Maintenance account (no. 07413250 62320), and the Community Development Agency's Downtown Maintenance account (no. 40718842 62300). &,4?t4, P.,i-- Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez, Cl Executive Director Finance and Management Services Agency I," wr-y ac,060 Nancy T. wards, Interim Ex utive Director Community Development Agency 25H-2 FOUNTAIN MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 7"' day of November, 2011 by Service First Contractors Network dba Service 1St, 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 "C its,"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the provision of fountain maintenance and repair services. B. Contractor represents that Contractor is able and willing to provide such services to the City. 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 consulting firm 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 fountain maintenance and repair services for City owned fountains in Downtown Santa Ana and the Civic Center, as set in City Specifications, attached hereto as Exhibit A. All Exhibits to this Agreement are 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 Contractor's Proposal, attached hereto as Exhibit B. The total sum to be expended under this Agreement shall not exceed $30,690.00, which includes a ten percent (10%) contingency for unanticipated work required during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed during the prior month, 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. TERM This Agreement shall commence on November 14, 201 land terminate December 31, 2013, unless terminated earlier in accordance with Section 12, below. The term may be extended for up to two additional two-year periods on the mutual consent of the parties. 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. 5. 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 25H-3 such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. 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. Consultant shall maintain commercial general liability insurance which 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 Consultant'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 $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. 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, if Contractor has any employees, 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. 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. e. 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 effect 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. 7. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services provided by Contractor under this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by 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, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights 25H-4 arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. 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. 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. 10. 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 Fax 714- 647-6956 With courtesy copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-75) P.O. Box 1988 Santa Ana, California 92702 Fax 714-571-4211 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714-647-6515 To Contractor: Service 1" 3505 Cadillac Avenue, Building F-9 Costa Mesa, California 92626 25H-5 Fax 714-573-2200 A party may change its address by giving notice in writing to the other party. Thereafter, any 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. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement 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 Exhibits or Attachments hereto, the terms of this Agreement shall prevail, followed by the provisions of Exhibit A. 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 or 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. 12. 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 of this Agreement performed by City personnel or by other Contractors retained by City. 13. TERMINATION AND DAMAGES This Agreement may be terminated by either party upon ninety (90) days written notice of termination. In such event, 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 the Specifications set forth in Exhibit A. b. 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 attached hereto. C. Material Breach: If the Executive Director determines the Contractor has failed in the performance of its duties and/or schedule as provided, the Executive Director may consider the Contractor in material breach. City may exercise all remedies in law or equity 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 another contractor at Contractor's expense, as determined by the Executive Director. Contractor shall be responsible for all costs resulting from breach, including incidental and consequential damages. In the event of a material breach, which remains uncured after five (5) days notice to Contractor, City may terminate this Agreement upon thirty (30) days written notice of termination. 14. DISCRIMINATION 25H-6 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 the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by 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 or arise out of, in connection with or by reason of this Agreement. 16. 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 her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow 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: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager SERVICE FIRST CONTRACTORS NETWORK 25H-7 By: Laura Sheedy Assistant City Attorney FRANK VANDENBERG President Tax ID# 25H-8 EXHIBIT A SPECIFICATIONS PRCSA Fountain Maintenance and Repair 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 fountains the Plaza of the Fountains (3), Sasscer Park (1) and Plaza of the Sun (1) within the Santa Ana Civic Center and at the Second Street Mall located between Broadway Ave. and Sycamore Street. Location Times Per Week Service Sasscer Park Fountain 1 Plaza of the Fountains - three fountains 1 Plaza of the Sun Fountain 1 2nd Street Mall Fountain 1 C.1.1.1 Responsibilities Included. Fountain maintenance and repair services covered by this specification include the tasks shown in the table below. Fountain Maintenance & Repair where applicable work shall be performed routinely per manufacturers specifications 1 Maintain pumps 2 Maintain um motors 3 Maintain all plumbing i.e. piping, couplings, and fittings 4 Maintain and utilize chlorine and metering/monitoring equipment* 5 Maintain filters 6 Maintain fountain nozzles free of debris. Replace when spray pattern deviates from intended design 7 Maintain valves Routine Maintenance and Operation To Meet All O.C. Health Department Requirements 8 Test and adjust the chlorine and other chemicals levels using automated controllers 9 Test the pH level in the water 10 Add acid or soda ash as necessary to adjust pH level 11 Provide all supplies e.., chemicals, testers 12 Replace carbon dioxide as cylinders when empty and without interruption to system operation 13 Empty strainers interceptor basket), skimmers and screens 14 Shock treat when required to maintain water free of algae 15 Vacuum and clean fountain 16 Adjust water level 17 Test and replace underwater lights as outages occur. Periodic Maintenance Per Manufacturers Specifications 18 Backwash and operate filters as recommended b the manufacturer. 19 Replace filter medium, if necessary as recommended b the manufacturer. Fountain Structure Routine Maintenance and Repair 20 Clean exterior of each fountain, including but not limited to, removal of dirt, grime, grease, mineral build up, etc. to the Executive Director's satisfaction. 21 Plaza of the Sun Fountain: Contractor shall be responsible for cleaning and polishing the granite surfaces of the fountain. Cleaning shall include, but not limited to, removal of dirt, grime, grease, mineral build up, etc. Polishing shall mean using a product approved by the Executive Director that will shine the granite surfaces. All work shall be to the Executive Director's satisfaction. Contractor to use an approved marble cleaning product and polish. Clean weekly and polish once every other month. Cleaner must be approved by Parks Supervisor or City Staff. 25H-9 *Note: It is very important and required that the contractor be experienced with the automated chemical controllers and operate the equipment to control the chemicals on a continuous basis. C.1.1.2 Responsibilities Excluded. Fountain maintenance and repair services covered by this specification exclude the tasks shown in the table below. Tasks Excluded from Fountain Maintenance and Repair Facility Maintenance and Repair 1 Paint interior and exterior of pump/filter room 2 Maintain um /filter room e.., lights, ventilation 3 Repair building electrical components 4 Replace lamps for area and general lighting 5 Repair power panels, switches, outlets, etc. Ground s and Fencing 6 Landscape work 7 Repair fences and gates (including locks 8 Repair or repaint signs C.1.1.3. Frequency of "daily" tasks shall be one day per week at all fountain sites. Contractor shall maintain a set schedule for providing the daily tasks. The City will not require the contractor to stay a full 8hr day if the work is completed prior to the 8hrs. C.1.2 Background Information C.1.2.1 Place of Performance. The place of performance for fountain maintenance and repair services is the City of Santa Ana Civic Center and Second Street Mall. C.1.2.2 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 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 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.1.3.4 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.1.3.5 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. 25H-10 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.1.3.6 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.1.3.7 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.1.3.8 Subcontractors C.1.3.8.1 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. 1.3.8.2 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. 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. c. 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.1.4 Hours of Operation C.1.4.1 Normal Hours of Operation. Normal operating hours shall be from 6:30a.m. to 6:00 p.m. Sunday through Saturday. C.1.5 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. Allowing adjustment of mechanical equipment controls for heating, ventilation, and air conditioning systems only by authorized workers. Turning off water faucets or valves after required usage has been accomplished. 25H-11 e. Complying with water bans imposed by local, state, or Federal agencies. C.1.6 Vehicle Passes. The Contractor and Contractor personnel shall obtain vehicle passes from The County of Orange Parking Administrator, Public Facilities & Resources Department. C.1.7 Building Security. The Contractor shall be responsible to ensure buildings serviced by the Contractor are locked during non-duty hours. C.1.8 Security of Contractor Owned Property. The Contractor shall be responsible for the security of Contractor Owned Property. C.1.9 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.1.10 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. C.1.11 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.1.11.1 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.1.11.2 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.1.11.3 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.1.11.4 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.1.12 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. Bid Bond and Payment Bond. Each proposal must be accompanied by a bid bond or a cashier's / certified check payable to the City of Santa Ana, in an amount not less than ten percent (10%) of the annual contract price, as a guarantee that the contractor who submits the successful proposal will enter into the proposed contract if the same is awarded to him. The successful proposer will also be required to submit a payment bond an amount not less than fifty percent (50%) of the annual contact price. These bonds can be broken down by district and only need to be submitted for the districts you are applying for Clean. Free from dirt, dust, spots, streaks, stains, smudges, litter, debris, contamination, or residue or impurities, unsoiled, unstained, or recently washed. 25H-12 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. 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. Deficiency. 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 Work. 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 period 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 nd Friday Daily D Services performed each calendar day, Sunday through Saturday, including holidays unless otherwise noted. Three times Weekly 3W Services performed three times a week, such as Monday, Wednesday, Friday but not consecutive days. 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. 25H-13 Recyclable 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.3 Contractor Furnished Property and Services C.3.1 General. Contractor furnished property and services shall be compatible with existing City systems and equipment as necessary to perform the requirements of the Agreement. The Contractor shall furnish all property and services not specifically identified in Section C.C.4.2 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. C.3.2.1 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.3.2.2 Failure to Perform Satisfactory C.3.2.2.1 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. C.3.2.2.2 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.3.2.3 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. C.3.2.4 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.3.2.5 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.3.2.6 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.3.2.7 Contractor Furnished Equipment. The Contractor shall provide all items necessary for the performance of the contract including the following. C.3.2.7.1 Tools. The Contractor shall provide all tools and repair equipment necessary for maintenance and repair as specified in the Agreement. 25H-14 C.3.2.8 Contractor Furnished Supplies. The Contractor shall furnish all supplies required for his performance under the Agreement, including the following. C.3.2.8.1 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.3.2.8.2 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.3.2.8.3 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.3.2.8.4 Cleaning Supplies. The Contractor shall furnish cleaning supplies required for performance under the contract. 25H-15 25H-16 EXHIBIT B FEESCHEDULE City agrees to pay, and Contractor agrees to accept for all services required by the Specifications, the following rates and charges: Fountain Location Cost/Mo. Cost/Yr. 1 Plaza of the Fountain #1 North of State Building $425.00 $5,100 2 Plaza of the Fountain #2 East of Law Library $425.00 $5,100 3 Plaza of the Fountain #3 South of Law Library $425.00 $5,100 4 Plaza of the Sun Fountain North of City Hall and West $425.00 $5,100 of Ross Street 5 Sasscer Park Fountain Corner of Santa Ana Blvd. $425.00 $5,100 and Ross Street 6 Second Street Mall Fountain Between Sycamore St. & $200.00 $2,400 Broadway Ave. Totals $2,325.00 $27,900 SPECIALIZED SERVICES Labor Laborer (Aquatic Tech) Project Foreman Material/Equipment Purchases Contractor's wholesale cost plus Cost for Add On Locations Price By Square Foot Per Month Hourly Wage $ 85.00 $ 85.00 15% By Bid Only 25H-17 25H-18