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HomeMy WebLinkAboutItem 4.08 PoolTimeMaintAgmt . , . CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 28, 1993 Agreement with Pool Time for Dublin Swim Center Pool Maintenance Services Report by Diane Lowart, Recreation Director : ~ Proposed Pool Maintenance Agreement SUBJECT : EXHIBITS ATTACHED ~COMKENDATION~ FINANCIAL STATEMENT : : Authorize Mayor Pro Tempore to execute agreement on behalf of the city Proposed Annual Cost: $24,750 Proposed Extra Work Cost: $65 per hour with one-hour minimum the Dublin Swim MCE corporation specializing in DESCRIPTION : Pool maintenance services for Center are provided to the city under contract with who, in turn, subcontract the service to a company pool maintenance. For Fiscal Year 1993-94, Staff is ~roposing that pool maintenance services be overseen directly by the C1ty. This will result in cost savings to the City as there will no longer be an overhead charge paid to MCE to administer the contract and, in addition, will result in increased communication as Staff will have direct control over the pool maintenance contractor. Request For Proposals were circulated to 19 local firms specializing in pool maintenance and one firm responded to the proposal. The firm, Pool Time, is currently performing pool maintenance at the Dublin swim Center as the subcontractor under MCE. Thus, they are familiar with the facility. The cost for annual service based on the following specifications is $24,750. Service Required: Daily Twice Weekly: Weekly Test Water for Chlorine and pH Check Pool Clarity Add/Adjust Chemicals as Needed Check Pool Temperature Check Pressure Gauges on Filters Empty and Clean Skimmer Baskets Record All Required Data in Pool Log Notify Director of Any Problems Vacuum/Brush (June, July and August) vacuum/Brush (september through May) Backflush Filter (June, July and August) Backflush Filter (September through May) Monthly Frequency: Memorial Day to Labor Day : Labor Day to September 30 : October 1 to Januar~ 30 : February 1 to Memor1al Day: Seven (7) Days Per Week Five (5) Days Per Week Three (3) Days Per Week Five (5) Days Per Week The cost for extra work is $65 per hour with a one-hour minimum. Sufficient funds are available within the Aquatics budget. Staff recommends that the Cit~ council award the pool maintenance contract to Pool Time and author1ze the Mayor Pro Tempore to execute the attached agreement. ---------------------------------------------------------------------- ITEM NO. 'l1 Copies To: Pool Time MCE Corporation CITY CLERK .F.ILE ~ . . POOL MAINTENANCE AGREEMENT THIS AGREEMENT is made at Dublin, California, as of July 1, 1993, by and between the CITY OF DUBLIN, a Municipal Corporation ("CITY") and POOL TIME ("CONTRACTOR"), who agree as follows: DEFINITIONS DAILY shall mean seven (7) days per week from Memorial Day to Labor Day; five (5) days per week from Labor Day to September 30 and February 1 to Memorial Day; and three (3) days per week from October 1 to January 30. WEEKLY shall mean one day per week. Days selected shall be determined by contractor and approved by the Director. MONTHLY shall mean once per calendar month. Day(s) selected shall be determined by the contractor and approved by the Director. CONTRACTOR shall mean POOL TIME. CITY shall mean city of Dublin. DIRECTOR shall mean the Recreation Director or his/her designee. AS NEEDED or AS REQUIRED shall mean any item or area serviced to a safe and clean condition as determined by the Director. TERMS AND CONDITIONS SCOPE OF WORK 1. The services to be provided shall include full service pool maintenance (in accordance with Section 31). The regular services to be provided shall be performed as described in the Pool Maintenance Specification which is attached hereto as Exhibit "A". TERM OF AGREEMENTjRENEWAL/TERMINATION 2. The term of this Agreement shall begin on July 1, 1993, and shall continue in full force and effect thereafter for a period of one year. The Agreement shall be reviewed each year and may be renewed for up to a total of three (3) years. Consideration may be given to an annual adjustment of the rates identified, provided that the services performed are satisfactory. Said adjustment will be subject to written amendment of this Agreement which requires approval by the city Council. The Agreement may be terminated by either party with 60 days' advance written notice, except that the city may terminate the Agreement without prior notice if Contractor fails to perform according to the terms of this Agreement. Upon termination, Contractor shall be paid for all work performed to date, as provided in Section 8, said payment to be prorated as necessary. Page 1 of Agreement . . PROVISION OF PERSONNEL 3. The contractor shall furnish the necessary employees to provide the pool maintenance services described in Exhibit A. COMPLIANCE WITH ANTI-DISCRIMINATION LAWS 4. In the performance of this Agreement, the Contractor agrees not to engage in discrimination in employment of persons because of the race, color, national origin, ancestry, sex, or religion of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code 1735. INDEPENDENT CONTRACTOR 5. Contractor shall be considered an independent contractor and not an employee of the City of Dublin. city shall have the right to control Contractor only insofar as the result of contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which contractor accomplishes services rendered pursuant to this Agreement. Except as city may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of city in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement, to bind City to any obligation whatsoever. CONTRACTOR RESPONSIBLE FOR COMPENSATION TO EMPLOYEES OF CONTRACTOR 6. The contractor shall be responsible for the cost of all remuneration of whatever kind to employees, inClUding, but not limited to, regular and overtime pay, as well as cost of vacation, vacation replacements, sick leave, severance pay, and pay for legal holidays. The Contractor shall also pay all Federal and state payroll taxes for its employees. PREVAILING WAGE 7. The Contractor shall comply with Labor Code sections 1770 et. seq. Prevailing wage increases shall not be considered as the basis of an agreement amendment outside of the time noted in the agreement. COMPENSATION FOR SERVICE PROVIDED 8. Payment shall be made on a monthly basis. The Contractor shall submit an invoice showing the amount due for the previous month. The annual cost for all regular services (as defined in Exhibit A) included as part of this Agreement is as follows: $24,750.00. The above annual cost is the total amount to be paid by city for regular services. All such payments above shall be contingent on approval of satisfactory performance of the work stated in the specifications. Approval of satisfactory performance shall be judged solely by the city representative assigned to supervise this Agreement. Page 2 of Agreement . . upon request by the city, contractor agrees to perform services in addition to those regular services set forth in Exhibit A, at the following rates: $65.00 per man-hour, with a minimum of "1" man-hours to be billed for each callout. Invoices shall indicate the dates on which extra work was performed and an explanation of the work that was done. HEALTH AND SAFETY 9. operation and maintenance of pool shall be in accordance with Article 3, sections 65523, 65525, 65527, 65529, 65531, 65533, 65535, 65543, 65547 and 65549 of Title 22, Chapter 20 of California Health and Safety Code. 10. Employees of the Contractor shall not wear earphones for radios or tape players while working or utilize "boom boxes" or other electronic devices which may disturb the public or distract from work being performed. Contractor shall perform work in a safe manner so as not to endanger employees of Contractor or City or the General Public. Smoking is not allowed in city facilities. 11. All personnel shall be in good health and free from contagious diseases. No employee drinking alcohol or under the influence of alcohol or drugs shall be allowed on the premises or in the buildings, nor shall any employee bring alcohol or drugs on the premises. SECURITY 12. Contractor shall be responsible for ensuring that all doors and gates are locked at all times when work is performed outside of regular operating hours. Contractor shall be responsible for reporting any property damage or vandalism to the Dublin Police Services. Neither Contractor nor its employees shall admit any person into the facility (including grounds) on which work under this Agreement is being performed who is not an active employee of the Contractor. All employees shall be required to wear identification patches or badges which are to be furnished by the contractor. 13. Contractor will be responsible for maintaining any building or gate keys issued to Contractor or its employees. If keys are lost, Contractor will be responsible for all costs associated with re-keying the facility. PERSONNEL 14. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Contractor shall, upon receiving notice from city of such desire of City, cause the removal of such person or persons. The time periOd for removal of the affected employee shall be at city's discretion. 15. Contractor shall provide and keep current an organizational chart and list of all employees performing work under this Agreement. Page 3 of Agreement . . SUBCONTRACTORS OR ASSIGNEES 16. No performance of this Agreement, or any portion thereof, may be assigned or subcontracted by the Contractor without the express written consent of the Director. Any attempt by the Contractor to assign or subcontract any part of the performance of this Agreement without the express written consent of the Director shall be invalid and shall constitute a breach of this Agreement. Whenever the Contractor is authorized to subcontract or assign the terms thereof shall incorporate by reference this Agreement and shall not conflict with this Agreement. The city assumes no responsibility toward any subcontractors the contractor employs in the performance of this Agreement. CHANGE IN OWNERSHIP 17. Contractor agrees that if there is a change in ownership prior to completion of this Agreement, the new owners will be required under terms of sale to assume this Agreement and complete it to the satisfaction of the City. INSURANCE 18. The Contractor shall furnish, prior to beginning work, satisfactory certificates of insurance issued by the carrier. The certificates must indicate that the following coverage will be in effect and must be maintained throughout the duration of the contract: a. Workers' Compensation Insurance in accordance with the provisions of the Labor Code of the state of California. b. Public Liability and Property Damage in not less than a combined single limit of $1,000,000 for one or more persons injured and property damaged in one accident. Property Damage Insurance shall include specific protection from any possible damage to buildings on adjoining property which may result from the execution of this Agreement. c. Contractual Liability: The Public Liability and Property Damage Insurance shall also name as an additional insured the City of Dublin and shall assume the defense of the city, its officers, employees, and agents from all suits, actions, sUbjected or put by reason of, or resulting from, the Contractor's operations in the performance of this Agreement. The Certificates of Insurance shall note that cancellation or reduction in coverage of the specified insurance cannot occur until ten (10 ) days after receipt by the City of notification of such cancellation or reduction by registered mail. If cancellation or reduction of insurance should occur, the City may obtain like insurance and deduct the premiums from the amounts due the Contractor under this Agreement or may terminate the Agreement. Page 4 of Agreement . . LICENSES, PERMITS, ETC. 19. Contractor represents and warrants to city that he has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for contractor to perform the work required hereunder. Contractor represents and warrants to city that Contractor shall, at his sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to perform such work. 20. Contractor shall obtain and keep current a City of Dublin Business License. TELEPHONE CONTACT 21. If an answering machine is used by Contractor for routine contact on working days, the Contractor shall respond to messages on the same day that the message was left, except that messages left after 4:00 p.m. will require a response no later than 9:00 a.m. on the day following the date the message was left. 22. For emergency purposes, the Contractor shall provide at his sole expense a home telephone number, answering service number, telephone beeper, or other method of receiving calls by the Supervisor on a 24- hour, 7-day-per-week basis. This contact arranqement shall be used to promptly address emergency situations. - WORKING HOURS 23. Parameters for workinq hours will be determined by the city and are subject to change. The general hours that the facility is available to be cleaned are listed in Exhibit A. The Contractor shall not begin work in the facility if it is occupied by members of the public without specific permission of the Director. 24. The city observes the followinq holidays: New Year's Day, Martin Luther King, Jr.'s Birthday, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day and the following Friday, Christmas Eve and Christmas Day, and New Year's Eve. Contractor will not provide service to on observed city holidays except when special events are held at the facility. SCHEDULES 25. The Contractor shall provide the city monthly with a written maintenance schedule which includes proposed working hours. This schedule and any adjustments must be approved in writing by the city. REPORT OF DAMAGE 26. The Contractor shall report broken equipment, plumbing leaks, and other facility repair needs to the Director. The Contractor shall immediately notify Dublin Police services when vandalism or other destruction of city property is observed inside and outside the facility. Page 5 of Agreement . . USE OF CITY PROPERTY 27. Employees of the Contractor shall not use or tamper with personal or city property. The telephones shall not be used for personal calls or for business calls not specifically related to this contract. FURNISHING OF SUPPLIES AND EQUIPMENT 28. The Contractor shall furnish, at the Contractor's expense, all supplies and equipment necessary to properly perform work. These supplies and equipment include, but are not limited to gas chlorine, soda ash, sodium bicarb and pool test kit. 29. All supplies and materials furnished by Contractor shall be kept in sealed, leak free, and clearly labeled containers. Labeling shall be of a permanent type that will not wash or fade away. A set of Material Safety Data Sheets (MSDS) for all applicable products used shall be provided. A binder containing MSDS sheets is to be maintained on-site. city will review MSDS sheets and products used and reserves the right to reject specific products. city shall be advised of any new products proposed to be used before contractor begins using the product. 30. The city shall not be responsible for damage to or loss of Contractor's equipment, supplies, or property left on the premises. STANDARD OF PERFORMANCE 31. Contractor shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area in which Contractor practices his profession. All instruments of service of whatsoever nature which contractor delivers to City, pursuant to this Agreement, shall be prepared in a substantial, first class, and workmanlike manner and conform to the standards of quality normally observed by a person practicing in contractor's profession. INSPECTION OF WORK/FAILURE TO PERFORM 32. The Director and the Contractor shall inspect the work on a periodic basis during the city's normal business hours at a time to be mutually agreed upon by City and contractor. The Director shall judge the performance of the Contractor pursuant to this Agreement. If, or when, the work is incomplete or unsatisfactory to the City, the city shall notify the Contractor to ensure compliance. If the work has not been secured within one working day following notification for daily items or five working days following notification for items performed weekly or monthly, penalties may be assessed as noted in section 33 below. 33. When the Contractor does not provide the services specified in Exhibit A, it is agreed that, in the event of such failure, the city may choose one of the following options: Page 6 of Agreement . . a. To secure another contractor to perform the necessary service, and to deduct the cost of this service (including labor, materials, and city's overhead) from contractor's compensation for regular service. b. To secure an estimate from another contractor to perform the necessary service and to deduct the estimated cost of this service (including labor, materials, and city's overhead) from contractor's compensation for regular service. c. To estimate the cost of the necessary service based on Contractor's quoted hourly rate for extra work and to deduct the estimated cost of this service (including labor, materials, and city's overhead) from Contractor's compensation for regular services. RESOLUTION OF DISPUTES 34. Except as otherwise provided in this Agreement, any dispute concerning a question arising under this contract which is not disposed of by verbal agreement shall be decided by the City, which shall reduce the decision to writing and mail or otherwise furnish a copy to the contractor. The decision of the City shall be final and conclusive unless, within ten (10) days from the date of receipt of such copy, the contractor mails or furnishes to the city a written appeal. Resolution of the appeal shall be final and binding arbitration conducted according to the rules of the American Arbitration Association. Each party in such arbitration shall bear its own costs and attorney's fees and shall jointly pay the cost of the arbitrator and court reporter. The arbitrator shall be selected jointly by city and Contractor. The decision of the arbitrator shall be final. pendin~ final disposition of a dispute, the contractor shall proceed dil1gently with the performance of the contract as written. EXCUSED NON-PERFORMANCE 35. Contractor shall be excused from performance during the time and to the extent that he is prevented from obtaining, delivering, or performing in the customar~ manner by act of God; fire; strike; partial or total interrupt10n of, or loss or shortage of transportation facilities; lockout; commandeering of raw materials or products, plants, or facilities by the government. Satisfactory evidence shall be presented to the city and it shall be established that the non-performance is not due to the fault or negligence of the Contractor. HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTOR 36. Contractor shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him, to any subcontractor, to the city, to City officers and employees, or to parties designated by the city, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences, or other causes predicated on active or passive negligence of the Contractor of any subcontractor. Page 7 of Agreement . . Contractor shall indemnify, defend, and hold harmless the city, its officers, officials, directors, employees, and agents from and against any or all loss, liability, expense, claim, costs (including costs of defense), suits, and damages of every kind, nature, and description directly or indirectly arising from the performance of the work. This paragraph shall not be construed to exempt the city, its employees and officers from its own fraud, willful injury, or violation of law, whether willful or negligent. For purposes of section 2782 of the Civil Code, the parties hereto recognize and agree that this Agreement is not a construction contract. By execution of this agreement, Contractor acknowledges that he has read and understands the provisions hereof and that this paragraph is a material element of consideration. Approval of the insurance contracts does not relieve the Contractor or subcontractors from liability under this paragraph. IN WITNESS WHEREOF the parties thereto have caused this Agreement to be hereby executed. CITY OF DUBLIN: CONTRACTOR: Mayor Pro Tempore ATTEST: Deputy City Clerk Page 8 of Agreement . . EXHIBIT A FACILITY SPECIFICATIONS Dublin Swim Center 8157 Village Parkway, Dublin (adjacent to Dublin High School) Freeform Pool Consisting of: Diving Area (11 foot depth) 25 foot Lap Area (3 1/2 to 5 foot depth) Kidney Shaped Shallow Area (1 1/2 to 3 1/2 foot depth) Circular Baby Pool (1 foot depth) Pool Square Footage: 9,263 (approximate) Typical Hours of Operation: Memorial Day to Labor Day: Monday through Friday; 7:30 a.m. to 9:30 p.m. Saturday and Sunday; 1:00 p.m. to 5:00 p.m. Labor Day to September 30: Saturday and Sunday; 1:00 p.m. to 5:00 p.m. October 1 to January 30: Closed February 1 to Spring Break (approximately mid-April): Monday through Friday; 2:30 p.m. to 5:30 p.m. spring Break to Memorial Day: Monday through Friday: 9:00 a.m. to 5:00 p.m. (Spring Break Only) Monday through Friday: 2:30 p.m. to 5:30 p.m. Saturday and Sunday; 1:00 p.m. to 5:00 p.m. POOL MAINTENANCE SPECIFICATIONS Service Required: Daily Twice Weekly: Weekly Test Water for Chlorine and pH Check Pool Clarity Add/Adjust Chemicals as Needed Check Pool Temperature Check Pressure Gauges on Filters Empty and Clean Skimmer Baskets Record All Required Data in Pool Log Notify Director of Any Problems Vacuum/Brush (June, July and August) Vacuum/Brush (September through May) Backflush Filter (June, July and August) Backflush Filter (September through May) Monthly Frequency: Memorial Day to Labor Day: Seven (7) Days Per Week Labor Day to September 30: Five (5) Days Per Week October 1 to January 30: Three (3) Days Per Week February 1 to Memorial Day: Five (5) Days Per Week Hours Available for Maintenance service: Prior to Opening Each Day