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HomeMy WebLinkAboutCC AG PKT 2003-04-14 #P <1 ?,// 1) AGENDA REPORT 6 I DATE Apnl 14, 2003 TO Honorable Mayor and City Council THRU John B Bahorski, City Manager FROM Douglas A Dancs, P E Director of Public Works /City Engineer SUBJECT BUDGET AMENDMENT AND POOL MAINTENANCE SERVICE CONTRACT SUMMARY OF REQUEST Staff requests City Council approve a budget amendment for the purposes of transfernng funds from the Aquatic Department Account and the Leisure Class Department Account to the Building Maintenance Contract Professional Account Staff is also requesting approval to authonze the City Manager to execute a contract Service First Commercial Pool System to contract the maintenance of the pool at McGaugh School BACKGROUND In the past, Recreation Staff has been responsible for the maintenance and the chemical treatment of the two pools at McGaugh School Concerns regarding the safe operation of the pool site have prompted this action There were two incidents that best exemplify the safety concerns One was when built up pressure from exhaust gases blew the door off the pool maintenance room and the other was when the pool was over chlonnated when children were still inside the pool Fortunately, no one in either incident was seriously harmed The Public Works Department proposes to assume the responsibility of maintenance of the McGaugh School Pool The Public Works Department has accepted proposal from vanous qualified pool maintenance contractors and selected Service First Commercial Pool System The Department has checked references and Service First Commercial Pool System is the most qualified to maintain the pool facility FISCAL IMPACT The total proposed budget amendment is $29,100 Funds will be transferred from 001- 073 -40004 Part Time ($3000), 001 - 073 -40500 Bldg/grounds matenals ($3,150 ), 001- 073 -40700 Equipment/Materials ($500), 001 - 073 -44000 Contract Services ($15,750) of the Aquatics Account and 001 - 072 -40700 Equipment /matenals ($6,700) of the Leisure AGENDA ITEM f Classes Account to the 001- 052 -44000 for a total transfer of $29,100 into contract services of the Building Maintenance Account No new General Fund money is necessary to implement this change RECOMMENDATION Staff recommends City Council approve a resolution amending the budget for contract pool maintenance for McGaugh Pool and authorize the City Manager to execute a contract to Service First Commercial Pool System Prepar- ,_. - r — N Douglas A Dancs, P E , .,'...– Director of Public Works /City Engineer NOTED A ND ' ' R OVED 4 r /11 _ } John :: r orksi, Cit .nager achment - Resolution No amending 02/03 Budget AGREEMENT FOR CONTRACT SERVICES THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement ") is made and entered into as 14 day of April, 2003 by and between the CITY OF SEAL BEACH, a municipal corporation ( "City ") and Service First Commercial Pool System, a California corporation ( "Contractor ") RECITALS WHEREAS, City desires to employ the services of the contractor to provide maintenance, emergency and unit pnce contract services for the City, and WHEREAS, Contractor represents that it has the expertise and expenence to provide such services, NOW THEREFORE, and for good consideration, the City and Contractor agree as follows 1 On Call Services Contractor shall provide the services described below and as descnbed in Exhibit "A" to the McGaugh School Pool Contractor shall not proceed with any work additional work unless directed by the Director of Public Works or his authorized designee in writing 2 Description of Services to be Provided Contractor shall perform maintenance and service to the two pools and equipment at McGaugh School three times a week and monthly continually through out the year as descnbed in Exhibit A Contractor shall transport and place in service all chlonne and pH neutralizers as needed to maintain a proper chemical stock All work shall be completed in conformance with the attached Exhibit "A" and in conformance with state and local laws 2 1 Standard Specifications Except as otherwise provided herein, all Work shall be done, and the contract shall be performed, in accordance with the provisions of the most current edition of "STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION" (commonly known as "the GREEN BOOK ") including Supplements, prepared and promulgated by the Southern California Chapter of the Amencan Public Works Association and the Associated General Contractors of California, which specifications are hereinafter referred to as the "Standard Specifications " 3 Term Subject to the termination provisions set forth herein below, the term of this Agreement shall be one (1) year from the date of execution The parties may extend the term by written mutual agreement on a year -to -year basis not to exceed an additional five (5) years 4 Party Representatives The City designates the following person to act on the City's behalf Douglas A Dancs P E Dn ectoi of Public Woi ks The Contractor designates the following person to act on Contractor's behalf Bob Glendenning Dii ectoi of Sales 5 Attachments This Agreement incorporates by reference the following Attachments to this Agreement Attachment 1 SCHEDULE OF COMPENSATION Exhibit A SPECIFICATION PERFORMED AT EACH SERVICE 6 Integration This Agreement represents the entire understanding of City and Contractor as to those matters contained herein No pnor oral or wntten understanding shall be of any force or effect with regard to those matters covered by this Agreement This Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement This Agreement may only be amended by the mutual consent of the parties by an instrument in wasting 7 Standard of Performance Contractor agrees that all services shall be performed in a competent, professional, and satisfactory manner in accordance with the standards prevalent in the industry, and that all goods, materials, equipment or personal property included within the services herein shall be of good quality, fit for the purpose intended 8 Performance to Satisfaction of City Contractor agrees to perform all work to the satisfaction of City within the time specified If Contractor's work is not satisfactory in the opinion of City's designated representative, City has the nght to take appropnate action, including but not limited to any or all of the following (i) meeting with Contractor to review the quality of the work and resolve matters of concern, (n) requiring Contractor to repeat or correct the work at no additional fee until it is satisfactory, (iii) suspending the delivery of new or additional work to Contractor for an indefinite time, (iv) withholding payment, and (v) terminating this Agreement as hereinafter set forth City's options set forth herein are non - exclusive, and are in addition to any remedy available at law to City 9 Prohibition Against Subcontracting or Assignment Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City In addition, neither the Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the pnor wntten approval of City In the event of any unapproved transfer, including in any bankruptcy proceeding, City may void the Agreement at 2 City's option in its sole and absolute discretion No approved transfer shall release any surety of Contractor of any liability hereunder without the express consent of City 10 Compensation Contractor shall be compensated per attached Schedule of Compensation supplied in Attachment 1 11 Insurance Contractor shall have insurance as follows 111 General Liability (including premises and operations, contractual liability, personal injury, independent contractors liability) One Million Dollars ($1,000,000 00) Single Limit, per occurrence If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be three times the occurrence limit 11 2 Automobile Liability (including owned, non - owned, and hired autos) One Million Dollars ($1,000,000 00), Single limit, per occurrence for bodily injury and property damage 11 3 Employer's Liability One Million Dollars ($1,000,000 00) per occurrence for injuries incurred in providing services under this Agreement (if Contractor is required to have per the laws of California) 11 4 Workers Compensation Contractor shall, to the extent required by state law, provide Employee's Insurance Workers' Compensation Insurance for the protection of Contractor's employees Contractor shall file a certificate of insurance which evidences that Contractor is in compliance with said Worker's Compensation Insurance requirement Contractor shall require all subcontractors similarly to provide such Workers' Compensation Insurance and certificates of insurance for their respective employees 11 5 General Requirements All of Contractor's and its sub - contractor's policies of insurance shall A Name City, its officers, officials, employees, agents, representatives and volunteers (collectively hereinafter "City and City Personnel ") as additional insureds and contain no special limitations on the scope of protection afforded to City and City Personnel, B Be pnmary insurance and shall provide that any insurance or self - insurance maintained by City or City Personnel shall be in excess of Contractor's insurance and shall not contribute with it, C Be "occurrence" rather than "claims made" insurance, D Apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability, E Be endorsed to state that the insurer shall waive all rights of subrogation against City and City Personnel, and 3 F Be written by good and solvent insurer(s) admitted to do business in the State of California and acceptable to City 11 6 Deductibles Any deductibles or self - insured retentions must be declared to and approved by City prior to the execution of this Agreement by City 11 7 Notice of Policy Changes Each such insurance policy shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non - renewed, or materially changed for any reason, without thirty (30) days prior wntten notice thereof given by the insurer to City by U S mail, certified, or by personal delivery In addition to such notice provided to City by the insurer, Contractor shall also provide City with thirty (30) days pnor wntten notice, by certified mail return receipt requested, of the suspension, voiding, cancellation, reduction in coverage or in limits, non - renewal, or material change for any reason, of any such insurance policy or policies 11 8 Evidence of Coverage Contractor shall furnish City with certificates of insurance demonstrating the coverage required by this Agreement which shall be received and approved by City not less than five (5) working days before work commences The duplicate originals and original endorsements for each insurance policy shall be signed by a person authonzed by that,insurer to bind coverage on its behalf The procunng of such insurance or the delivery of duplicate originals and endorsements evidencing the same shall not be construed as a limitation on Contractor's obligation to indemnify City and City Personnel 12 Indemnification Contractor shall indemnify, defend, and hold City and City Personnel harmless from and against any and all actions, claims, demands, judgments, attorney's fees, costs, damage to persons or property, penalties, obligations, expenses or liabilities that may be asserted or claimed by any person or entity arising out of the acts, errors, or omissions of Contractor, its employees, agents, representatives or subcontractors in the performance of any tasks or services for or on behalf of City, whether or not there is concurrent active or passive negligence on the part of City and /or City Personnel, provided, however, that the Contractor shall not be required to indemnify, defend or hold harmless City or City Personnel against claims ansing from the sole active negligence or willful misconduct of City or City Personnel In connection therewith 12 1 Contractor shall defend, with Counsel acceptable to City, any action or actions filed in connection with any such claimed damage, injury, penalty, obligation or liability, and shall pay all costs and expenses, including attorney's fees, incurred therewith 12 2 In the event City and /or any City Personnel is made a party to any action or proceeding filed or prosecuted for any such claimed damage, injury, penalty, obligation or liability, Contractor shall defend City and pay to City any and all costs and expenses incurred by City in such action or proceeding, together with actual attorney's fees and expert witness fees 4 13 Compliance with Laws Contractor shall keep fully informed of all State and Federal laws and County and Municipal ordinances and regulations which in any manner affect those employed by it or in any way affect the performance of services pursuant to this Agreement Contractor shall at all times observe and comply with all such laws, ordinances, and regulations and shall be responsible for the compliance of all work and services performed by or on behalf of Contractor Each and every provision required by law to be inserted into this Agreement shall be deemed to be inserted, and this Agreement shall be read and enforced as though they were included 13 1 This contract is subject to the provisions of Article 1 5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000 Article 1 5 mandates certain procedures for the filing of claims and supporting documentation by the contractor, for the response to such claims by the contracting public agency, for a mandatory meet and confer conference upon the request of the contractor, for mandatory nonbinding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation This contract hereby incorporates the provisions of Article 1 5 as though fully set forth herein 13 2 This contract is further subject to the provisions of Article 1 7 (commencing at Section 20104 50) of Division 2, Part 3 of the California Public Contract Code regarding prompt payment of contractors by local governments Article 1 7 mandates certain procedures for the payment of undisputed and properly submitted payment requests within 30 days after receipt, for the review of payment requests, for notice to the contractor of improper payment requests, and provides for the payment of interest on progress payment requests which are not timely made in accordance with this Article This contract hereby incorporates the provisions of Article 1 7 as though fully set forth herein 14 Independent Contractor Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor City shall not in any way or for any purpose become or be deemed to be a partner or employer of Contractor in its business or otherwise, or a joint venturer, or a member of any joint enterpnse with Contractor Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City Neither Contractor nor any of Contractor's employees shall, at any time, or in any way, be entitled to any sick leave, vacation, retirement, or other fringe benefits from City, and neither Contractor nor any of its employees shall be paid by City any wage or overtime benefit City is under no obligation to withhold State and Federal tax deductions from Contractor's compensation Neither Contractor nor any of Contractor's employees shall be included in the competitive service, have any property nght to any position, or any of the rights a City employee might otherwise have in the event of termination of employment 15 Covenant Against Discrimination Contractor covenants for itself, its heirs, executors, assigns, and all persons claiming under or through it, that there shall be no discnmination against any person on account of race, color, creed, relation, sex, marital status, national origin, or ancestry, in the performance of this Agreement Contractor further covenants and agrees to comply with the terns of the Americans 5 with Disabilities Act of 1990 (42 U S C §12101 et seq) as the same may be amended from time to time 16 Termination By City City reserves the nght to terminate this Agreement at any time, with or without cause, upon written notice to Contractor Upon receipt of any notice of termination from City, Contractor shall immediately cease all services hereunder except such as may be specifically approved in wnting by City Contractor shall be entitled to compensation for all services rendered pnor to receipt of City's notice of termination and for any services authonzed in wnting by City thereafter 17 Waiver No delay or omission in the exercise of any right or remedy by a non- defaulting party on any default shall impair such nght or remedy or be construed as a waiver A party's consent to or approval of any act by the other party require the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act Any waiver by either party of any default must be in wnting and shall not be a waiver of any other default concerning the same or any other provision of this Agreement 18 Legal Actions The Municipal and Superior Courts of the State of California in the County of Orange shall have the exclusive junsdiction of any litigation between the parties ansing out of this Agreement This Agreement shall be governed by, and construed under, the laws of the State of California The nghts and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other nghts or remedies for the same default or any other default by the other party 19 Attorneys' Fees If either party to this Agreement is required to initiate or defend, or is made a party to, any action or proceeding in any way connected with this Agreement, the party prevailing in the final judgment in such action or proceeding, in addition to any other relief which may be granted, shall be entitled to litigation costs, including actual attorney's fees and expert witness fees 20 Force Majeure The time period specified in this Agreement for performance of work may be extended by City because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes," floods, epidemics, quarantine restnctions, riots, stnkes, freight embargoes, wars, litigation, and /or acts of any governmental agency, including City, provided that Contractor shall within ten (10) days of the commencement of such delay notify City in wnting of the causes and length of the delay If Contractor gives notice of such delay, City shall ascertain the facts and the extent of delay, and extend the time for perfonnmg the services for the period of the enforced delay, when and if in the judgments of City, such delay is justified City's determination shall be made in wnting, and shall be final and conclusive upon the parties to this Agreement In no event shall Contractor be entitled to recover damages against City for any delay in the performance of this Agreement, however caused Contractor's sole remedy shall be extension of this Agreement 21 Notices Unless otherwise provided herein, all notices required to be delivered under this Agreement or under applicable law shall be personally delivered, or delivered by 6 United States mail, prepaid, certified, return receipt requested, or by reputable document delivery service that provides a receipt showing date and time of delivery Notices personally delivered or delivered by a document delivery service shall be effective upon receipt Notices delivered by mail shall be effective at 5 00 p m on the second calendar day following dispatch Notices shall be delivered to the following addresses To City Doug Dancs P E Dii ectoi of Public Woi ks /City Engineei City of Seal Beach 211 Eighth Sti eet Seal Beach 90740 To Contractor Service Fit st Commei cial Pool Systems Bob Glendenning Director of Sales 18001 Irvine Blvd Tustin CA 92780 22 Time of Essence Time is of the essence in the performance of this Agreement 23 Interpretation Severability The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply The Section headings are for purposes of convenience only, and shall not be construed to limit or extend the meaning of this Agreement Each provision of this Agreement shall be severable from the whole If any provision of this Agreement shall be found contrary to law, the remainder of this Agreement shall continue in full force 24 Corporate Authority The person(s) executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (u) they are duly authonzed to execute and deliver this Agreement on behalf of said party, (m) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entenng into this Agreement does not violate any provision of any other Agreement to which said party is bound 7 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement for Contract Services as of the date first set forth above CITY OF SEAL BEACH CONTRACTOR By By Its City Manager Its Attest By Its City Clerk APPROVED AS TO FORM By Its City Attorney 8 ATTACHMENT 1 SCHEDULE OF COMPENSATION Contractor shall perform the specified work continually throughout the year at a fixed pnce of $ 1,650 per month as specified in Exhibit A All additional work outside the scope of this maintenance contract such as additional safety features, repairs and additional maintenance as requested by the Director of Public Works in wntmg will be reimbursed on a time and matenal basis The total yearly contract amount shall not to exceed $29,000 9 EXHIBIT "A" MAINTENANCE SPECIFICATION 1 Contractor shall perform the following operations at each body of water and these operations will be performed at each service, 3 times a week A Vacuum the bottom surface of each pool if needed B Brush the sides and bottom of each pool as necessary to remove dirt and debns C Skim debris from the surface of each pool D Clean all waterline tiles E Remove debris from skimmer baskets 2 Contractor shall perform the following operations and supply all materials, labor and tools on the pool equipment at each service, 3 times a week as necessary for proper maintenance A Check and record the following (on -site) free chlorine, total chlonne, pH level, flow rate, influent pressure, effluent pressure, and temperature B Remove debns from all pump suction strainers as necessary C Backwash filters as necessary to maintain a proper filter differential pressure D Adjust the pool heater to maintain the prescnbed pool temperature E Fill all chemical dispensers as necessary to insure an adequate chemical reserve F Make adjustments to chemical feed equipment to maintain the prescnbed limits G Maintain the pump room to be free of non - essential equipment, used parts, messes caused by maintenance to the pool equipment, chemical spillage, etc 3 Contractor shall perform the following operation as indicated for each pool A Monthly Water Analysis 1 Combined chlonne 2 Total alkalinity 3 Calcium hardness B Monthly Safety Check 1 Check all safety signs 2 Check all life saving equipment 3 Check for missing or damaged main dram covers 4 Check for missing or damaged deck lids 5 Check for missing or damaged skimmer baskets 6 Check lighting and GFI's 7 Check gates and perimeter bamers 10 C Monthly Pump Room and Equipment Check 1 Check all equipment Record actual flow rates, influent and effluent pressures and temperatures 2 Check the equipment for leaks, unusual noises or damage 3 Identify that equipment which needs or will soon need additional service or replacement D Monthly Record Keeping 1 Labeled with the month, facility, and specific pool 2 Includes all monthly pool readings on the date that they took place, presented in graphic form with the actual reading at the bottom of the chart 3 Includes water analysis results, quantity of materials needed 4 Includes the monthly safety checks with recommendations 11 9 * i t SEAL 5 } NOTICE OF AWARD DE �-� _ Department of Public Works n �--�` 2 tO Sent Via Fax to CONTRACTOR — Ong;nal to Follow in Mail City Project Number Project Name McGaugh School Pool Maintenance Contract Other Project Numbers (State Fed ) Contractor Name and Address Distribution and Copies to Service First Commercial Pool Bob Glendenning Director of Sales Systems Douglas A Dancs P E City of Seal Beach 18001 Irvine Blvd Mark Vukotevic P E City of Seal Beach Tustin CA 92780 Bob Eagle Public Works Supervisor City of Seal Beach Project Binder Amount of Contract Award Date $19 800 00 April 14 2003 Contract Time Annual You are hereby notified that City Council awarded An authorized representative from each your firm the contract on the date described above subcontractor must attend the meeting The Contract Documents provides that the Contractor shall provide the following The Contract Documents provide that the Contractor shall provide the following Three executed copies of the Submittals are due within 15 calendar days from the date of award ❑ Preliminary Schedule described above ❑ Designation in writing of Contractor s Project Manager ❑ Indemnification and Hold Harmless ❑ Designation in writing of Contractor s Agreement and Waiver of Subrogation and Superintendent Contribution ❑ 24 Hour Emergency Telephone Numbers ❑ Insurance Requirements of City of Seal ❑ Contact People for after hours work Beach ❑ Designation Contractors Phone Number for ❑ Workers Compensation Certification Citizen Complaints ❑ All Certifications of Insurance on City Forms (General Liability Auto Liability Excess Liability) If you have any questions please contact the Public Works Department at (562) 431 -2527 NOTE All documents must be on City forms No documents will be accepted that are in any way By order of the City of Seal Beach modified by the Contractor y— You are hereby notified that the pre construction Engineering Division Date conference will be held on To be announced at a later date Room 28 at Seal Beach City Hall 211 8th Street Seal Beach, CA 90740