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HomeMy WebLinkAbout25E - AGMT - FOUNTAIN MAINTENANCE SRVSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 16, 2013 TITLE: AGREEMENT AMENDMENT WITH SERVICE 1sT FOR FOUNTAIN MAINTENANCE SERVICES Z��� CI MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the first of two, two -year extensions with Service 1" to provide fountain maintenance services for the City of Santa Ana in the annual amount of $43,990, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency is responsible for the routine maintenance of the fountains located in the Downtown Civic Center, including the Plaza of the Fountains (three fountains), Plaza of the Sun, Sasscer Park, the 2nd Street Mall fountain, and the Santa Ana Regional Transportation Center fountain. On November 7, 2011, Service 15` was awarded a agreement, which is set to expire December 31, 2013, agreement for two additional two -year terms. contract to maintain the fountains. The two -year includes a provision that allows the City to extend the FISCAL IMPACT Funds are available in Civic Center M &R Building and Grounds account (no. 07413250 62320) and the Depot's Maintenance & Repair - Buildings and Grounds account (no. 06717650 62320). —Gerar Jo Mouet, ExeCL tive Director Parks, Recreation and Community Se gency dwin "William ez, P.E. Interim Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNT: �•nclmNtrms� 1` �$ Francisco Gutierrez, Executive Director Finance and Management Services Agency 25E -1 25E -2 FIRST EXTENSION OF FOUNTAIN MAINTENANCE AGREEMENT THIS FIRST EXTENSION OF AGREEMENT is effective as of January 1, 2014, by and between Service First Contractors Network dba Service 1st, a California corporation ( "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 ( "City "). RECITALS: A. The parties entered into Agreement A- 2011 -249, dated November 7, 2011, (hereinafter "said Agreement ") by which Contractor has provided fountain maintenance and repair services. B. By First Amendment dated February 21, 2012, the Parties agreed to include maintenance services for the fountain at the Santa Ana Regional Transportation Center ( "SARTC ") and increase compensation to pay for the additional services. C. By Second Amendment dated April 18, 2012, the Parties amended said Agreement to include the additional services required to repair the expansion joints at Memorial Park Pool. D. In accordance with the terms and conditions of said Agreement, as amended, the parties wish to extend said Agreement for the first of two two -year extensions. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in the First and Second Amendments to Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, is restated for reference to read as follows: "Contractor shall perform fountain maintenance and repair services for City owned fountains in Downtown Santa Ana and the Civic Center, as set forth in City Specifications attached to said Agreement as Exhibit A. Additionally, Contractor shall provide maintenance and repair services for the fountain located at the Santa Ana Regional Transportation Center ( "SARTC "). Said SARTC maintenance shall be performed on a weekly basis, and shall comply with the Specifications for maintenance and repair of the fountains in Downtown Santa Ana and the Civic Center." 2. Section 2a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "a. City agrees to pay, and Contractor agrees to accept as total payment for servicing the City Fountains as set forth on Exhibit A, attached hereto and incorporated herein: The total sum to be expended under this Agreement shall not exceed $43,390.00 annually, which includes a contingency for unanticipated work required during the Term of said Agreement." 3. Section 3, TERM, shall be extended by the first of two two -year extensions, through December 31, 2015. 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 25E -3 IN WITNESS WHEREOF, the parties hereto have executed this First Extension to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Lisa Storck Assistant City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager SERVICE FIRST CONTRACTORS NETWORK dba Service 1st FRANK VANDEN13ERG President 25E -4 ♦. l�I �I SERVICE FIRST EXTENSION SANTA ANA FOUNTAIN LOCATIONS SERVICE 1st January 1, 2014 - December 31, 2016 25E -5 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, S.A. Regional Transportation Center (1). Location Times Per Week Service Sasscer Park Fountain x Plaza of the Fountains — three fountains t Plaza of the Sun Fountain x 2nd Street Mall Fountain x S.A. Regional Transportation Center x 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 pump 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 gas cylinders when empty and without interruption to system operation 13 Empty strainer(s) interceptor basket), skimmers and screens 4 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 o erate filter (s) as recommended by the manufacturer. 19 Replace filter medium, if necessary as recommended by the manufacturer. 20 Clean exterior of each fountain, including, but not limited to, removal of dirt, grime, grease, graffiti, 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, graffiti, 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. *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. 25E -6 Fountain Structure Routine Maintenance and Repair 20 Repair interior fountain cracks and leaks caused by normal age and wear. Cracks and leaks caused by extraordinary cause, i.e., vandalism, earthquake, do not apply 21 Replace broken or missing skimmer lids and drain covers as necessary. 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 pumpffilter room 2 Maintain pump /filter room e.g., lights, ventilation 3 Repair buil ing electrical components 4 Replace lamps for area and general lighting 5 Repair power panels, switches, outlets, etc. Grounds 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 the Civic Center and two days per week (Monday- 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 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. 25E -7 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. 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. 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.13.81 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: 25E -8 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.1.6 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. 25E -9 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. 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 and 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. 25E -10 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. 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 Da v. 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. 25E -11 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.327 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. 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 contract 25E -12