HomeMy WebLinkAboutCC AG PKT 2010-08-09 #XAGENDA STAFF REPORT
DATE: August 9, 2010
TO: Honorable Mayor and City Council
THRU: David N. Carmany, City Manager
FROM: Sean P. Crumby P.E., Director of Public Works
SUBJECT: McGAUGH SWIMMING POOL MAINTENANCE
CONTRACT
SUMMARY OF REQUEST:
To terminate the existing pool maintenance contractor Service First and adopt
Resolution No. 6048 awarding maintenance contract for a period of one (1) year
to Commercial Aquatic Services for $33,244.05.
BACKGROUND:
On July 12, 2010 the City Council accepted improvements for renovation to the
McGaugh Pool. As part of the renovation project with Commercial Aquatic
Services, the City has a one year warranty on the project. Any items and services
related to the renovation contract are to be provided by the contractor
(Commercial Aquatic Services). The cost for this warranty was included with the
original construction. This does not, however, include routine and preventative
maintenance or the chlorine that is goes into the pool.
With the new pump equipment and the quality work of the contractor, Staff has
solicited Commercial Aquatic Services for a monthly contract. Commercial
Aquatic Services submitted a proposal for $33,244.05 per year. This fee
includes both the maintenance and chlorine for the pool.
Preventative and routine maintenance services occur 3 times a week during high
use times between May 1 St and August 1 and 1 time a week during non peak
use from September 1 and April 1". The service proposal also includes all pool
equipment be checked for proper operation at each visit and recommendations
be made to staff. Also included are manual cleaning of the injectors and sensors
to' the manufacturer's specifications, performing necessary tests on water
chemicals, clean out strainer baskets, backwash filters, check safety equipment
and vacuum both bodies of water. All work is to be performed by a Certified Pool
Operator licensed Service Technician.
Agenda Item X
Page 2
The current contract with Service First includes leasing of a Salt Chlorine
generation system. This leased equipment will be removed at termination of the
contract with Service First. Included within the maintenance contract with
Service First is $3,684.44 for installation of a new Chlorine generation system
and $1,559.61 for a pH balancing system that the City will own and a monthly fee
of $1,333.33 to supply and maintain the system. The cost to continue leasing of
the current system is $500 per month with no chemicals.
The total maintenance fee for the contract is as follows:
Pool Maintenance ($1,000 per month) $12,000.00
Installation of Chlorine Generation System $ 5,244.05
Operation of Chlorine Generation System ($1,333/mo) $16,000.00
Total $33,244.05
This rate is comparable to the current maintenance contract with Service First.
From the recent work provided by Commercial Aquatic Services, they have
proven to be knowledgeable and competent in servicing the pool on a monthly
basis. It is advantageous to only have one contractor present onsite during the
one year warranty period and have that one contractor solely responsible for the
facility.
Staff is recommending Commercial Aquatic Services to provide monthly
preventative maintenance for a 12 month period and terminate Service First's
existing contract effective immediately. Prior to the end of the 12 month period,
staff will send out an RFP to solicit maintenance services for the pool. Both
Commercial Aquatic Services and Service First will be invited to submit
proposals.
FINANCIAL IMPACT:
On April 14, 2003 the City entered into an agreement with Service First to
provide annual pool maintenance at the McGaugh pool. Also not included in the
annual maintenance cost is the purchase and delivery of salt at approximately
$6,000 per year. This contract included leasing of the chlorine generation
system. Below is a summary of the annual cost.
FY
Annual Cost
2007
$34,043.68
2008
$35,056.84
2009
$31,316.35
In order to improve the service and consolidate service providers Commercial
Aquatic Services was asked to provide an annual maintenance contract.
Commercial Aquatic Services submitted an annual cost of $33,244.05.
Page 3
RECOMMENDATION:
It is recommended that the City Council terminate the existing pool maintenance
contractor with Service First and adopt Resolution No. 6048 awarding a one (1)
year maintenance contract to Commercial Aquatic Services for $33,244.05.
SUBMITTED BY:
Sean P. Crumby .E.
Director of Public Works
NOTED AND APPROVED:
David N. Carmany, City Manager
Prepared by: Michael Ho, City Engineer
Attachments:
A. Resolution No. 6048
B. Agreement
RESOLUTION NUMBER 6048
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING THE AGREEMENT FOR MCGAUGH SWIMMING
POOL MAINTENANCE CONTRACT WITH COMMERCIAL
AQUATIC SERVICES
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby approves the Agreement between the City
of Seal Beach and Commercial Aquatic Services (annual cost of $33,244.05).
Section 2. The Council hereby authorizes the City Manager to execute the
Agreement for McGaugh Swimming Pool Maintenance Contract.
PASSED, APPROVED and ADOPTED by the City Council of the City of Seal
Beach at a regular meeting held on the 9th day of August , 2010
by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Mem
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6048 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council at
a regular meeting held on the 9th day of August , 2010.
City Clerk
PROFESSIONAL SERVICES AGREEMENT
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
9
Commercial Aquatics Services, Inc.
1332 Bell Avenue 2 -F
Tustin, CA 92780
This Professional Service Agreement ( "the Agreement ") is made as of the 8 th day of
August, 2010 (the "Effective Date "), by and between Commercial Aquatics Services, Inc
( "Consultant "), a pool maintenance contractor, and the City of Seal Beach ( "City "), a
California charter city, (collectively, "the Parties ").
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RECITALS
A. City desires certain professional services.
B. Consultant represents that it is qualified and able to provide City with such
services.
NOW THEREFORE, in consideration of the Parties' performance of the
promises, covenants, and conditions stated herein, the Parties hereto agree as follows.
AGREEMENT
1.0 Scope of Services
1.1. Consultant shall provide those services ( "Services ") set forth in the
attached Exhibit A, which is hereby incorporated by this reference. To the extent that
there is any conflict between Exhibit A and this Agreement, this Agreement shall control.
1.2. Consultant shall perform all Services under this Agreement in accordance
with the standard of care generally exercised by like professionals under similar
circumstances and in a manner reasonably satisfactory to City.
1.3. In performing this Agreement, Consultant shall comply with all applicable
provisions of federal, state, and local law.
1.4. Consultant will not be compensated for any work performed not specified
in the Scope of Services unless the City authorizes such work in advance and in writing.
The City Manager may authorize payment for such work up to a cumulative maximum of
$10,000. Payment for additional work in excess of $10,000 requires prior City Council
authorization.
2.0 Term
This term of this Agreement shall commence as of the Effective Date and shall
continue for a term of 1 year unless previously terminated as provided by this
Agreement.
3.0 Consultant's Compensation
City will pay Consultant in accordance with the schedule of compensation shown
in Exhibit B for Services but in no event will the City pay more than $12,000.00 per year.
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4.0 Method of Payment
4.1. Consultant shall submit to City monthly invoices for all services rendered
pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end
of the month during which the services were rendered and shall describe in detail the
services rendered during the period, the days worked, number of hours worked, the
hourly rates charged, and the services performed for each day in the period. City will
pay Consultant within 30 days of receiving Consultant's invoice. City will not withhold
any applicable federal or state payroll and other required taxes, or other authorized
deductions from payments made to Consultant.
4.2. Upon 24 -hour notice from City, Consultant shall allow City or City's agents
or representatives to inspect at Consultant's offices during reasonable business hours
all records, invoices, time cards, cost control sheets and other records maintained by
Consultant in connection with this Agreement. City's rights under this Section 4.2 shall
survive for two years following the termination of this Agreement.
5.0 Termination
5.1. This Agreement may be terminated by City, without cause, or by
Consultant based on reasonable cause, upon giving the other party written notice
thereof not less than 30 days prior to the date of termination.
5.2. This Agreement may be terminated by City upon 10 days' notice to
Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement
of comprehensive general liability insurance as required by this Agreement at least 20
days before the expiration date of the previous policy.
6.0 Party Representatives
6.1. The City Manager is the City's representative for purposes of this
Agreement.
6.2. Heather Woodland is the Consultant's primary representative for purposes
of this Agreement.
7.0 Notices
7.1. All notices permitted or required under this Agreement shall be deemed
made when personally delivered or when mailed 48 hours after deposit in the United
States Mail, first class postage prepaid and addressed to the party at the following
addresses:
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To City: City of Seal Beach
211 -8th Street
Seal Beach, California 90740
Attn: City Manager
To Consultant: Commercial Aquatics Services, Inc.
1332 Bell Avenue 2 -F
Tustin, CA 92780
Attn: Heather Woodland
7.2. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
8.0 Independent Contractor
8.1. Consultant is an independent contractor and not an employee of the City.
All services provided pursuant to this Agreement shall be performed by Consultant or
under its supervision. Consultant will determine the means, methods, and details of
performing the services. Any additional personnel performing services under this
Agreement on behalf of Consultant shall also not be employees of City and shall at all
times be under Consultant's exclusive direction and control. Consultant shall pay all
wages, salaries, and other amounts due such personnel in connection with their
performance of services under this Agreement and as required by law. Consultant shall
be responsible for all reports and obligations respecting such additional personnel,
including, but not limited to: social security taxes, income tax withholding,
unemployment insurance, disability insurance, and workers' compensation insurance.
8.2. Consultant shall indemnify and hold harmless City and its elected officials,
officers, employees, servants, designated volunteers, and agents serving as
independent contractors in the role of City officials, from any and all liability, damages,
claims, costs and expenses of any nature to the extent arising from Consultant's
personnel practices. City shall have the right to offset against the amount of any fees
due to Consultant under this Agreement any amount due to City from Consultant as a
result of Consultant's failure to promptly pay to City any reimbursement or
indemnification arising under this Section.
9.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written
approval of the City. Consultant is fully responsible to City for the performance of any
and all subcontractors.
10.0 Assignment
Consultant shall not assign or transfer any interest in this Agreement whether by
assignment or novation, without the prior written consent of City. Any purported
assignment without such consent shall be void and without effect.
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11.0 Insurance
11.1. Consultant shall not commence work under this Agreement until it has
provided evidence satisfactory to the City that Consultant has secured all insurance
required under this Section. Consultant shall furnish City with original certificates of
insurance and endorsements effecting coverage required by this Agreement on forms
satisfactory to the City. The certificates and endorsements for each insurance policy
shall be signed by a person authorized by that insurer to bind coverage on its behalf,
and shall be on forms provided by the City if requested. All certificates and
endorsements shall be received and approved by the City before work commences.
The City reserves the right to require complete, certified copies of all required insurance
policies, at any time.
11.2. Consultant shall, at its expense, procure and maintain for the duration of
the Agreement, insurance against claims for injuries to persons or damages to property
that may arise from or in connection with the performance of this Agreement. Insurance
is to be placed with insurers with a current A.M. Best's rating no less than A:VIII,
licensed to do business in California, and satisfactory to the City. Coverage shall be at
least as broad as the latest version of the following: (1) General Liability: Insurance
Services Office Commercial General Liability coverage (occurrence form CG 0001);
(2) Automobile Liability: Insurance Services Office Business Auto Coverage form
number CA 0001, code 1 (any auto); and, if required by the City, (3) Professional
Liability. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000
per occurrence for bodily injury, personal injury and property damage and if Commercial
General Liability Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this Agreement/location or the
general aggregate limit shall be twice the required occurrence limit; (2) Automobile
Liability: $1,000,000 per accident for bodily injury and property damage; and
(3) Professional Liability: $1,000,000 per claim /aggregate.
11.3. The insurance policies shall contain the following provisions, or Consultant
shall provide endorsements on forms supplied or approved by the City to state:
(1) coverage shall not be suspended, voided, reduced or canceled except after 30 days
prior written notice by certified mail, return receipt requested, has been given to the City;
(2) any failure to comply with reporting or other provisions of the policies, including
breaches of warranties, shall not affect coverage provided to the City, its directors,
officials, officers, (3) coverage shall be primary insurance as respects the City, its
directors, officials, officers, employees, agents and volunteers, or if excess, shall stand
in an unbroken chain of coverage excess of the Consultant's scheduled underlying
coverage and that any insurance or self- insurance maintained by the City, its directors,
officials, officers, employees, agents and volunteers shall be excess of the Consultant's
insurance and shall not be called upon to contribute with it; (4) for general liability
insurance, that the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the services or
operations performed by or on behalf of the Consultant, including materials, parts or
equipment furnished in connection with such work; and (5) for automobile liability, that
the City, its directors, officials, officers, employees, agents and volunteers shall be
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covered as additional insureds with respect to the ownership, operation, maintenance,
use, loading or unloading of any auto owned, leased, hired or borrowed by the
Consultant or for which the Consultant is responsible.
11.4. All insurance required by this Section shall contain standard separation of
insureds provisions and shall not contain any special limitations on the scope of
protection afforded to the City, its directors, officials, officers, employees, agents, and
volunteers.
11.5. Any deductibles or self- insured retentions shall be declared to and
approved by the City. Consultant guarantees that, at the option of the City, either:
(1) the insurer shall reduce or eliminate such deductibles or self- insured retentions as
respects the City, its directors, officials, officers, employees, agents, and volunteers; or
(2) the Consultant shall procure a bond guaranteeing payment of losses and related
investigation costs, claims and administrative and defense expenses.
12.0 Indemnification, Hold Harmless, and Duty to Defend
Consultant shall defend, indemnify, and hold the City, its officials, officers,
employees, volunteers and agents serving as independent contractors in the role of city
officials (collectively "Indemnities ") free and harmless from any and all claims, demands,
causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to
property or persons, including wrongful death, in any manner arising out of or incident to
any acts or omissions of Consultant, its employees, or its agents in connection with the
performance of this Agreement, including without limitation the payment of all
consequential damages and attorneys' fees and other related costs and expenses,
except for such loss or damage arising from the sole negligence or willful misconduct of
the City. With respect to any and all such aforesaid suits, actions, or other legal
proceedings of every kind that may be brought or instituted against Indemnitees,
Consultant shall defend Indemnitees, at Consultant's own cost, expense, and risk, and
shall pay and satisfy any judgment, award, or decree that may be rendered against
Indemnitees. Consultant shall reimburse City and its directors, officials, officers,
employees, agents and /or volunteers, for any and all legal expenses and costs incurred
by each of them in connection therewith or in enforcing the indemnity herein provided.
Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by Consultant, the City, its directors, officials, officers, employees, agents or
volunteers. All duties of Consultant under this Section shall survive termination of this
Agreement.
13.0 Equal Opportunity
Consultant affirmatively represents that it is an equal opportunity employer.
Consultant shall not discriminate against any subcontractor, employee, or applicant for
employment because of race, religion, color, national origin, handicap, ancestry, sex,
sexual orientation, or age. Such non - discrimination includes, but is not limited to, all
activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff, or termination.
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14.0 Labor Certification
By its signature hereunder, Consultant certifies that it is aware of the provisions
of Section 3700 of the California Labor Code that require every employer to be insured
against liability for Workers' Compensation or to undertake self- insurance in accordance
with the provisions of that Code, and agrees to comply with such provisions before
commencing the performance of the Services.
15.0 Entire Agreement
This Agreement contains the entire agreement of the parties with respect to the
subject matter hereof, and supersedes all prior negotiations, understandings, or
agreements. This Agreement may only be modified by a writing signed by both parties.
16.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not
void or affect the validity of the other provisions of this Agreement.
17.0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws
of the State of California.
18.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either party
as a result of this Agreement.
19.0 Waiver
No waiver of any default shall constitute a waiver of any other default or breach,
whether of the same or other covenant or condition. No waiver, benefit, privilege, or
service voluntarily given or performed by a party shall give the other party any
contractual rights by custom, estoppel, or otherwise.
20.0 Prohibited Interests; Conflict of Interest
20.1. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the Services, or which
would conflict in any manner with the performance of the Services. Consultant further
covenants that, in performance of this Agreement, no person having any such interest
shall be employed by it. Furthermore, Consultant shall avoid the appearance of having
any interest, which would conflict in any manner with the performance of the Services.
Consultant shall not accept any employment or representation during the term of this
Agreement which is or may likely make Consultant "financially interested" (as provided
in California Government Code § §1090 and 87100) in any decision made by City on any
matter in connection with which Consultant has been retained.
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20.2. Consultant further warrants and maintains that it has not employed or
retained any person or entity, other than a bona fide employee working exclusively for
Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to
pay any person or entity, other than a bona fide employee working exclusively for
Consultant, any fee, commission, gift, percentage, or any other consideration contingent
upon the execution of this Agreement. Upon any breach or violation of this warranty,
City shall have the right, at its sole and absolute discretion, to terminate this Agreement
without further liability, or to deduct from any sums payable to Consultant hereunder the
full amount or value of any such fee, commission, percentage or gift.
20.3. Consultant warrants and maintains that it has no knowledge that any
officer or employee of City has any interest, whether contractual, noncontractual,
financial, proprietary, or otherwise, in this transaction or in the business of Consultant,
and that if any such interest comes to the knowledge of Consultant at any time during
the term of this Agreement, Consultant shall immediately make a complete, written
disclosure of such interest to City, even if such interest would not be deemed a
prohibited "conflict of interest" under applicable laws as described in this subsection.
21.0 Attorneys' Fees
If either party commences an action against the other party, either legal,
administrative or otherwise, arising out of or in connection with this Agreement, the
prevailing party in such litigation shall be entitled to have and recover from the losing
party all of its attorneys' fees and other costs incurred in connection therewith.
22.0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the
Agreement as if set forth in full herein. In the event of any material discrepancy
between the terms of any exhibit so incorporated and the terms of this Agreement, the
terms of this Agreement shall control.
23.0 Corporate Authority
The person executing this Agreement on behalf of Consultant warrants that he or
she is duly authorized to execute this Agreement on behalf of said Party and that by his
or her execution, the Consultant is formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the Parties hereto, through their respective authorized
representatives have executed this Agreement as of the date and year first above
written.
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CITY OF SEAL BEACH
David Carmany, City Manager
Attest:
in
Linda Devine, City Clerk
Approved as to Form:
am
Quinn Barrow, City Attorney
CONSULTANT
.
Name:—Wk!W�-.,
Its:
1 1 li r l �l
0
Name:
Its:
S7296 -0001 \1236808v1.doc
EXHIBIT A
Scope of Work
Contractor will perform three (3) pool maintenance services visits per week from May —
August (4 months) due to increased use of the pool. From September — April (8 months)
service is be performed one (1) time per week. Contractor shall perform the following
operations at each body of water.
All service is to be performed by Certified Pool Operator licensed Service Technicians.
Contractor will use best efforts to provide maintenance services on the days required by
the City.
Contractor shall perform the following pool maintenance services and provide all
material, labor and tools on the pool equipment:
1. Vacuum both bodies of water once per week.
2. Net out leaves and debris.
3. Clean scum line once per week.
4. Clean out all hair and lint strainer baskets and leaf skimmer baskets as needed.
5. Hose down pool deck once per week.
6. Check hand rails and safety equipment to ensure public safety and health
department requirement.
7. Backwash filters as needed, fill pools to correct water levels.
8. Perform water test with digital water test kit (Palintest) for accurate readings
checking pH, chlorine free & chlorine total, total alkalinity, calcium hardness,
conditioner, total dissolved solids and temperature.
9. Calibrate chemical controllers to match water test readings, confirm proper set
points, and adjust alarm values as needed.
10. Manually clean sensors /probes once per month per manufactures specifications
11. Manually clean injectors once per month per manufacturer's specifications, or
more frequently if necessary.
12. Log water test readings and daily operation report for staff and health department
review.
13. Visually check all pool equipment for proper operation at each visit, this includes:
heater, filtration system, pump and motor, chemical controller, chemical metering
pump and salt chlorine generation system. Report any concern to the Community
Services Staff immediately and suggest needed repairs.
EXHIBIT B
Schedule of Compensation
Contractor shall perform the specified work continually throughout the year as specified
in Exhibit A.
➢ May through August (4 Months) - $1,850.00 monthly
➢ September through April 9 (8 Months) - $575.00monthly
➢ TOTAL - $12,OOOannually
All additional work outside the scope of this maintenance contract such additional safety
features, repairs and additional maintenance as requested by the City Managers designee
in writing will be reimbursed on a time and material basis.