HomeMy WebLinkAboutItem 4.2 - 2978 Agreement for Pool Maintenance and Watersli
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STAFF REPORT
CITY COUNCIL
DATE: December 3, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Agreement for Pool and Water Slide Maintenance Services at The Wave
Prepared by: Andrea Mendez, Recreation Manager
EXECUTIVE SUMMARY:
The City Council will consider service agreements with East Bay Pool Service Inc. for
pool maintenance at The Wave, and with USA Pools of California/USA Management for
water slide maintenance services at The Wave.
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Agreement with East Bay Pool Service Inc. for Pool
Maintenance Services; adopt the Resolution Approving an Agreement with USA Pools
of California/USA Management for Waterslide Maintenance Services; and, approve the
budget change.
FINANCIAL IMPACT:
Award of the East Bay Pool Service Inc. Agreement for pool maintenance results in an
annual cost not to exceed $124,454, which consists of $113,140 for required monthly
maintenance plus a 10% contingency of $11,314 for additional repairs as required.
There is sufficient funding in the Fiscal Year 2019-20 Budget to fund the contract in the
first year; second year costs will be incorporated into next year’s budget process.
Award of the USA Pools of California/USA Management Agreement for water slide
maintenance requires a budget increase of $22,182 in the current fiscal year, which
consists of $20,164 in required maintenance plus a 10% contingency of $2,016.47,
funded by the General Fund Undesignated Reserve. Second year costs will be
incorporated into next year’s budget process.
DESCRIPTION:
A Request for Proposals (RFP) for both pool and waterslide maintenance services were
released on October 4, 2019. East Bay Pool Service Inc. submitted a proposal that best
aligns with the City’s needs for monthly pool maintenance , and USA Pools of
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California/USA Management submitted a proposal that best aligns with the City’s needs
for waterslide maintenance.
USA Pools of
California/USA
Management
East Bay
Pool Service
Pool Maintenance Services
May-September (5 Months) $11,910.00/Month $10,560.00/Month
October-April (7 Months) $7,850.00/Month $8,620.00/Month
As Needed Maintenance and Repairs $90.00/Hour $90.00/Hour
Contingency $11,450.00 $11,314.00
Total Cost $125,950.00 $124,454.00
Waterslide Maintenance Services
Semi-Annual Inspection #1 $485.00 N/A
Semi-Annual Inspection #2 $485.00
Parts Replacement $4,194.71
Pre-Season Waxing (Includes 6 Slides) $7,500.00
Post-Season Waxing (Includes 6 Slides) $7,500.00
Contingency $2,016.47
Total Cost $22,182.00
East Bay Pool Service Inc. has over 25 years of experience, having maintained the
Dublin Swim Center for over 20 years before it closed. Additionally, East Bay Pool
Service Inc. currently maintains The Wave Waterpark. Staff has worked diligently with
East Bay Pool Service Inc. for repairs and replacement of heaters, pumps, filters, tile,
plaster, drains/equalizers, handrails, plumbing and as needed repairs since The Wave
opened and has been satisfied with the quality of work provided.
USA Pools of California/USA Management provides personalized service focused on a
fast and direct response to customers. The company has provided swimming pool
management and maintenance services for homeowner assoc iations, cities, counties,
country clubs, and military bases throughout the county for over 30 years.
Staff is recommending a two-year service agreement for pool maintenance with East
Bay Pool Service Inc. and a two-year service agreement for waterslide maintenance
with USA Pools of California/USA Management expiring on December 31, 2021, subject
to annual appropriation of funds and an option to renew a two-year term at the end of
the agreements.
STRATEGIC PLAN INITIATIVE:
None.
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NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Copies of the Staff Report were provided to East Bay Pool Service Inc. and USA Pools
of California/USA Management.
ATTACHMENTS:
1. Resolution Approving an Agreement with East Bay Pool Service Inc. for Pool
Maintenance Services
2. Exhibit A to the Resolution - Agreement Between the CIty of Dublin and East Bay
Pool Service Inc.
3. Proposal - East Bay Pool Service Inc.
4. Resolution Approving an Agreement with USA Pools of California-USA Management
for Waterslide Maintenance Services
5. Exhibit A to the Resolution - Agreement Between the City of Dublin and USA Pools
of California-USA Management
6. Proposal - USA Pools of California-USA Management
7. Budget Change Form
ATTACHMENT 1
RESOLUTION NO. XX - 19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
APPROVING AN AGREEMENT WITH EAST BAY POOL SERVICE INC. FOR POOL
MAINTENANCE SERVICES
WHEREAS, Staff issued a Request for Proposal for both pool maintenance and waterslide
maintenance services for the Wave at Emerald Glen Recreation and Aquatic Complex; and
WHEREAS, East Bay Pool Service Inc. was the lowest responsible bidder; and
WHEREAS, East Bay Pool Service Inc aligns with the City’s needs for monthly pool
maintenance services; and
WHEREAS, East Bay Pool Service Inc. is prepared to complete the work outlined in the
Scope of Services; and
NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Dublin does hereby
approve the Agreement with East Bay Pool Service Inc., attached hereto as Exhibit A, for The Wave
at Emerald Glen Recreation and Aquatic Complex
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreement
and make any other modifications as necessary to carry out the intent of the Resolution .
PASSED, APPROVED AND ADOPTED this 3rd day of December, 2019, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND
EAST BAY POOL SERVICE INC.
THIS AGREEMENT for Swimming Pool and Waterpark Maintenance for Aquatic Facilities services
is made by and between the City of Dublin (“City”) and East Bay Pool Service INC. (“Contractor”) (together
sometimes referred to as the “Parties”) as of January 1, 2020 (the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on December 31, 2022, the date of completion specified in Exhibit A, and Contractor
shall complete the work described in Exhibit A on or before that date, unless the term of
the Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Contractor to complete the services required by this Agreement shall not affect
the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding
the foregoing this Agreement may be extended on a month to month basis for up to 6
months upon the written consent of the Contractor and the City Manager, provided that: a)
sufficient funds have been appropriated for such purchase, b) the price charged by the
Contractor for the provision of the serves described in Exhibit A does not increase. None of
the foregoing shall affect the City’s right to terminate the Agreement as provided for in
Section 8.
1.2 Standard of Performance. 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.
1.3 Assignment of Personnel. 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 reassignment of any such persons,
Contractor shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Contractor shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Subsection 1.2 above and to satisfy Contractor’s obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $124,454
notwithstanding any contrary indications that may be contained in Contractor’s proposal, for services to be
performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this
Agreement and Contractor’s proposal, attached as Exhibit A, regarding the amount of compensation, the
Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the
time and in the manner set forth herein. The payments specified below shall be the only payments from
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City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to
City in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not
bill City for duplicate services performed by more than one person.
Contractor and City acknowledge and agree that compensation paid by City to Contractor under this
Agreement is based upon Contractor’s estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement shall
bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager
or his/her designee. Invoices shall contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
The beginning and ending dates of the billing period;
A Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
A copy of the applicable time entries or time sheets shall be submitted showing the
following:
o Daily logs of total hours worked by each individual performing work under
this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour
o If this Agreement covers multiple projects, all hours must also be logged
by project assignment
o A brief description of the work, and each reimbursable expense
The total number of hours of work performed under the Agreement by Contractor and
each employee, agent, and subcontractor of Contractor performing services
hereunder;
The Contractor’s signature;
Contractor shall give separate notice to the City when the total number of hours
worked by Contractor and any individual employee, agent, or subcontractor of
Contractor reaches or exceeds 800 hours within a 12-month period under this
Agreement and any other agreement between Contractor and City. Such notice shall
include an estimate of the time necessary to complete work described in Exhibit A and
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the estimate of time necessary to complete work under any other agreement between
Contractor and City, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Contractor.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within 60 days after completion of the services and submittal to City of a final
invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Contractor in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Contractor submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Contractor on an hourly basis for repair work
and emergency maintenance work in addition to those regular services set for in Exhibit A
shall not exceed $90.00 per labor-hour.
2.6 Reimbursable Expenses. Reimbursable expenses are included in the total amount of
compensation provided under this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Contractor terminates this
Agreement pursuant to Section 8, the City shall compensate the Contractor for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Contractor shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Contractor is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
2.10 Liquidated Damages. Failure of Contractor to respond to problems referred to it by City
within the time limits established in Subsection 1.2 of this Agreement shall result in
liquidated damages as set forth in Exhibit A.
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Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Contractor only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein. Contractor shall make a written
request to City to use facilities or equipment not otherwise listed herein.
The Wave Aquatic Facility (4201 Central Pkwy, Dublin, CA 94568)
3.1 Safety Requirements. In accordance with generally accepted construction practices and
state law, Contractor shall be solely and completely responsible for conditions on the
jobsite, including safety of all persons and property during performance of the work. This
requirement shall apply continuously and not be limited to normal working hours.
Contractor shall take all necessary precautions and provide all necessary safeguards to
prevent personal injury and property damage. Contractor shall provide protection for all
persons including, but not limited to, its employees and employees of its subcontractors;
members of the public; and employees, agents, and representatives of the City and
regulatory agencies that may be on or about the work.
The services of the City in conducting review and inspection of Contractor's performance is
not intended to include review of the adequacy of Contractor's work methods, equipment,
bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite.
All work and materials shall be in strict accordance with all applicable state, city, county,
and federal rules, regulations and codes, with specific attention to the United States
Department of Labor Occupational Health and Safety Administration (OSHA)
requirements. Contractor shall be solely responsible for compliance with all city, county,
and state explosive transport, storage, and blasting requirements and for any damages
caused by such operations.
Contractor is hereby informed that work on City property could be hazardous. Contractor
shall carefully instruct all personnel working on City property that all conditions of the
property are potentially hazardous work areas as to potential dangers and shall provide
such necessary safety equipment and instructions as are necessary to prevent injury to
personnel and damage to property. Special care shall be exercised relative to work
underground.
In addition to complying with all other safety regulations, Contractor shall abide by any and
all other City requirements contained in any specifications, special conditions or manuals,
which shall be made available by City upon request.
Contractor shall provide and maintain all necessary safety equipment such as fences,
barriers, signs, lights, walkways, guards, and fire prevention and fire-fighting equipment
and shall take such other action as is required to fulfill its obligations under this section. It
is the intent of the City to provide a safe working environment under normal conditions.
CONTRACTOR IS ADVISED THAT CITY’S OPERATIONS AND PROPERTY ARE
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INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED
SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE
TO PATHOGENS.
Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition
at all times. If required by the City, toilets shall be furnished by Contractor where needed
for use of its employees and their use shall be strictly enforced. Contractor shall not use
the City's existing sanitary facilities, unless previously authorized by the City.
Contractor shall keep adequate first aid facilities and supplies available and instruction in
first aid for its employees shall be given.
City reserves the right to require that Contractor bring onto the project or engage the
services of a licensed safety engineer at any time during the term of this Agreement. If
Contractor does not have a licensed safety engineer on staff, then City may require that
Contractor engage a subcontractor or subconsultant as the project’s safety engineer.
Contractor shall bear all costs in connection with meeting the requirements of this section.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, at its
own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance
listed below against claims for injuries to persons or damages to property that may arise from or in
connection with the performance of the work hereunder by the Contractor and its agents, representatives,
employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof
satisfactory to City of such insurance that meets the requirements of this section and under forms of
insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Contractor shall maintain the insurance policies required by this section throughout the term of this
Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow
any subcontractor to commence work on any subcontract until Contractor has obtained all insurance
required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect.
VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS
AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for
the duration of this Agreement.
4.1 Workers’ Compensation.
4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory
Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all
persons employed directly or indirectly by Contractor. The Statutory Workers’
Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of
not less than $1,000,000 per accident. In the alternative, Contractor may rely on a self-
insurance program to meet these requirements, but only if the program of self-insurance
complies fully with the provisions of the California Labor Code. Determination of whether a
self-insurance program meets the standards of the California Labor Code shall be solely in
the discretion of the Contract Administrator.
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The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor
of the City for all work performed by the Contractor, its employees, agents, and
subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall
submit the following:
a. Certificate of Workers’ Compensation Insurance in the amounts specified
in the section; and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Contractor, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $2,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $2,000,000 per occurrence, combined
single limit coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an Automobile Liability
form or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting
therefrom, and damage to property resulting from activities contemplated under
this Agreement, including the use of owned and non-owned automobiles.
4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (most recent edition) covering comprehensive General Liability on an
“occurrence” basis. Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any auto). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as
additional insureds as respects: liability arising out of work or operations
performed by or on behalf of the Contractor; or automobiles owned,
leased, hired, or borrowed by the Contractor.
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c. Contractor hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsements that may be necessary to
affect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the
Contractor’s insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees,
or volunteers shall be excess of the Contractor’s insurance and shall not
contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
4.3 All Policies Requirements.
4.3.1 Acceptability of Insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.3.2 Verification of Coverage. Prior to beginning any work under this Agreement,
Contractor shall furnish City with complete copies of all Certificates of Liability
Insurance delivered to Contractor by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certificates of Liability
Insurance and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City does not
receive the required insurance documents prior to the Contractor beginning work,
it shall not waive the Contractor’s obligation to provide them. The City reserves
the right to require complete copies of all required insurance policies at any time.
4.3.3 Deductibles and Self-Insured Retentions. Contractor shall disclose to and
obtain the written approval of City for the self-insured retentions and deductibles
before beginning any of the services or work called for by any term of this
Agreement. At the option of the City, either: the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the City, its officers,
employees, and volunteers; or the Contractor shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
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4.3.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting”
policy limit (i.e. limit that is eroded by the cost of defense).
4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall
be endorsed to state that coverage shall not be canceled by either party, except
after 30 days’ prior written notice has been provided to the City.
4.3.6 Subcontractors. Contractor shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Contractor’s breach:
Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
Order Contractor to stop work under this Agreement or withhold any payment that
becomes due to Contractor hereunder, or both stop work and withhold any payment,
until Contractor demonstrates compliance with the requirements hereof; and/or
Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES. Contractor shall
indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials,
employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses,
and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively,
“Liability”) of every nature arising out of or in connection with Contractor’s performance of the Services or
its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by
the sole negligence or willful misconduct of City.
The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s
inability to evaluate Liability or because the Contractor evaluates Liability and determines that the
Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any
claim for defense and indemnity by the City, unless this time has been extended by the City. If the
Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any
other remedy authorized by law, so much of the money due the Contractor under and by virtue of this
Agreement as shall reasonably be considered necessary by the City, may be retained by the City until
disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the
tender of defense, whichever occurs first.
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Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by
California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to
indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
Section 6. STATUS OF CONTRACTOR.
6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Contractor only insofar as the results of Contractor's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3;
however, otherwise City shall not have the right to control the means by which Contractor
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
all claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
6.2 Contractor Not an Agent. 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.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Contractor and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
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7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its
employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals of whatsoever nature that are legally required to practice their respective
professions. Contractor represents and warrants to City that Contractor and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Contractor and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the
basis of a person’s race, sex, gender, religion (including religious dress and grooming
practices), national origin, ancestry, physical or mental disability, medical condition
(including cancer and genetic characteristics), marital status, age, sexual orientation, color,
creed, pregnancy, genetic information, gender identity or expression, political affiliation or
belief, military/veteran status, or any other classification protected by applicable local,
state, or federal laws (each a “Protected Characteristic”), against any employee, applicant
for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or
applicant for any services or programs provided by Contractor under this Agreement.
Contractor shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Contractor.
Contractor may cancel this Agreement upon 30 days’ written notice to City and shall
include in such notice the reasons for cancellation.
In the event of termination, Contractor shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Contractor delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Contractor or
prepared by or for Contractor or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Contractor understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Contractor with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Contractor for any otherwise reimbursable expenses incurred
during the extension period.
Services Agreement between [January 1, 2020]
City of Dublin and East Bay Pool Service Inc. Page 11 of 15
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the
Parties.
8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this
Agreement contemplates personal performance by Contractor and is based upon a
determination of Contractor’s unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Contractor.
Contractor may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Contractor shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Contractor shall survive
the termination of this Agreement.
8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms
of this Agreement, City’s remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Contractor pursuant to this Agreement;
8.6.3 Retain a different contractor to complete the work described in Exhibit A not
finished by Contractor; or
8.6.4 Charge Contractor the difference between the cost to complete the work described
in Exhibit A that is unfinished at the time of breach and the amount that City would
have paid Contractor pursuant to Section 2 if Contractor had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Contractor’s Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Contractor prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Contractor hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Contractor agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
Parties.
Services Agreement between [January 1, 2020]
City of Dublin and East Bay Pool Service Inc. Page 12 of 15
9.2 Contractor’s Books and Records. Contractor shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of 3 years, or for any longer period
required by law, from the date of final payment to the Contractor to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this
Agreement requires Contractor to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to
the examination and audit of the State Auditor, at the request of City or as part of any audit
of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the Parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the Parties.
10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Contractor in a “conflict of interest,” as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Services Agreement between [January 1, 2020]
City of Dublin and East Bay Pool Service Inc. Page 13 of 15
Contractor shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Section 1090 et seq.
Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an
employee, agent, appointee, or official of the City. If Contractor was an employee, agent,
appointee, or official of the City in the previous 12 months, Contractor warrants that it did
not participate in any manner in the forming of this Agreement. Contractor understands
that, if this Agreement is made in violation of California Government Code Section 1090 et
seq., the entire Agreement is void and Contractor will not be entitled to any compensation
for services performed pursuant to this Agreement, including reimbursement of expenses,
and Contractor will be required to reimburse the City for any sums paid to the Contractor.
Contractor understands that, in addition to the foregoing, it may be subject to criminal
prosecution for a violation of California Government Code Section 1090 et seq., and, if
applicable, will be disqualified from holding public office in the State of California.
10.7 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.8 Contract Administration. This Agreement shall be administered by the City Manager
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.9 Notices. Any written notice to Contractor shall be sent to:
Jim Vance
East Bay Pool Service, Inc.
1547 Palos Verdes Mall #240
Walnut Creek, CA 94597
Any written notice to City shall be sent to:
City of Dublin
Att: Andrea Mendez, Recreation Manager
100 Civic Plaza
Dublin, CA 94568
10.10 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A, B, [and C] represents the entire and integrated
agreement between City and Contractor and supersedes all prior negotiations,
representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Compensation Schedule & Reimbursable Expenses
10.11 Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
Services Agreement between [January 1, 2020]
City of Dublin and East Bay Pool Service Inc. Page 14 of 15
10.12 Certification per Iran Contracting Act of 2010. In the event that this contract is for
one million dollars ($1,000,000.00) or more, by Contractor’s signature below Contractor
certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of
Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of
the California Public Contract Code as a person engaging in investment activities in Iran as
described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b)
of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
Services Agreement between [January 1, 2020]
City of Dublin and East Bay Pool Service Inc. Page 15 of 15
The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN EAST BAY POOL SERVICE INC.
Christopher L. Foss, City Manager [JIM VANCE, PRESIDENT]
Attest:
Contractor’s DIR Registration Number
(if applicable)
Caroline Soto, City Clerk
Approved as to Form:
City Attorney
Services Agreement between [JANUARY 1, 2020]
City of Dublin and East Bay Pool Service Inc. Exhibit A – Page 1 of 5
EXHIBIT A
SCOPE OF SERVICES
THE WAVE AQUATIC COMPLEX SCOPE AND SUMMARY
The required maintenance and service frequency unless otherwise specified (daily,
weekly, annually, etc.) for the Wave Aquatic complex is reflected in the following scope
of services.
I. SCOPE OF SERVICES
A. NATATORIUM (Indoor Pool)
1. Description of pool
a) 160,000 Gallons
b) 6,900 square foot surface area
c) 6 - 25 Yard Lanes; 3 Shallow Teaching Bays
2. Proposed Operational Schedule
a) Year Round
b) 7 Days per Week
3. Daily Services
a) Test the water chemistry
b) Test the water chemistry at chemical controller and calibrate
units as
needed
c) Add and/or adjust chemicals as needed
d) Check pool temperature and make adjustments to maintain
an optimal
temperature of 82 to 84 degrees
e) Empty/clean all skimmer baskets, vacuum pump strainers,
and flow
indicator filters
f) Skim pool and clean gutters
4. Weekly Services
a) Fully vacuum one time per week
b) Test total alkalinity and calcium hardness
5. Bi-weekly Services
a) Backwash Filters (or more often as needed)
B. CHILDREN’S PLAY POOL (Splash Zone)
Services Agreement between [JANUARY 1, 2020]
City of Dublin and East Bay Pool Service Inc. Exhibit A – Page 2 of 5
1. Description of pool
a) Includes a WhiteWater Aqua Play structure and a variety of
interactive play features
b) 27,600 Gallons
c) 4,945 square foot surface area
2. Proposed Operational Schedule
a) May 1 through October 31
b) 7 Days per Week
3. Pre-Operation
a) Install water features
b) Inspect large tipping bucket assembly
4. Daily Services
a) Test the water chemistry
b) Test the water chemistry at chemical controllers and
calibrate units
as needed
c) Add and/or adjust chemicals as needed
d) Check pool temperature and make adjustments to maintain
an optimal
temperature of 78 to 80 degrees
e) Empty/clean all skimmer baskets and vacuum pump
strainers and flow
indicator filters
f) Skim pool and clean gutters
g) Check operating pressure and flow to all effects
h) Visually inspect climbing and safety nets
i) Visually inspect web crawl tunnels
5. Weekly Services
a) Vacuum entire pool biweekly from April thru October and
Weekly November thru March
b) Test total alkalinity and calcium hardness
c) Visually inspect large tipping bucket assembly
d) Visually inspect swinging bridge joints
e) Inspect Aqua Play-1 Single and 2 Tandem waterslides
f) Check operation of jets and nozzles and clean as required
g) Check valve operating assemblies
6. Bi-weekly Services
a) Backwash Filters (or more often as needed)
b) Check operation of nozzles
Services Agreement between [JANUARY 1, 2020]
City of Dublin and East Bay Pool Service Inc. Exhibit A – Page 3 of 5
7. End of Season
a) Drain Play Structure for maintenance and repairs
b) Inspect entire structure and submit a report with cost
estimates for any
repairs that are needed
c) Clean components as needed
d) Inspect paint and/or galvanizing and submit a report with
cost estimates
for any repairs that are needed
e) Remove, label, and store small parts
f) Inspect large tipping bucket assembly
8. Other Services
a) Wax waterslides two times annually.
(1) Pre-season wax completed by April 1
(2) End of Season wax completed by October 31
C. WATERSLIDE MAINTENANCE
1. Daily Services
a) Test the water chemistry of all slides
b) Test the water chemistry at chemical controllers and
calibrate units as needed
c) Add and/or adjust chemicals as needed
d) Check pool temperature and make adjustments to keep at
suggested temperature of 78 to 80 degrees
e) Empty/clean all skimmer baskets and vacuum pump
strainers, and flow indicator filters
f) Skim all runout lanes
g) Check all runout lanes for algae and take necessary steps to
remedy
2. Weekly Services
a) Fully vacuum all run out flumes two times a week during the
months of June, July and August, and one time per week for
the remainder of the year
b) Test total alkalinity and calcium hardness
c) Weekly draining of air compressor for drop slide
3. Bi-weekly Services
a) Backwash Filters (or more often as needed)
D. COMPETITIVE POOL (Sports Pool)
Services Agreement between [JANUARY 1, 2020]
City of Dublin and East Bay Pool Service Inc. Exhibit A – Page 4 of 5
1. Description
a) 286,000 Gallons
b) 6,173 square foot surface area
c) 11 lanes
2. Proposed Operational Schedule
a) October 1 through April 30
(1) 5 Days per Week
b) May 1 through September 30
(1) 7 Days per Week
3. Daily Services
a) Test the Water chemistry
b) Test the water chemistry at chemical controllers and
calibrate units
as needed
c) Add and/or adjust chemicals as needed
d) Check pool temperature and make adjustments to keep at
suggested
temperature
e) Empty/clean all skimmer baskets and vacuum pump
strainers and flow
indicator filters
f) Skim the pool and clean gutters
g) Check for algae and take necessary steps to remedy.
4. Weekly Services
a) Fully vacuum pool two times per week
b) Uncover and recover the pool as needed
c) Test total alkalinity and calcium hardness
d) Inventory pool chemicals
5. Bi-weekly Services
a) Backwash Filters (or more often as needed)
6. General Maintenance
a) Check all pools for algae and take necessary steps to
remedy
b) Other preventative maintenance
c) Inventory pool chemicals
d) General upkeep of the high-rate sand filters for each
circulation system
e) Check flow meters and pressure gauges
f) Complete and submit checklists and maintenance reports
Services Agreement between [JANUARY 1, 2020]
City of Dublin and East Bay Pool Service Inc. Exhibit A – Page 5 of 5
7. Other Maintenance and Repair Services (as needed)
a) On call availability when a maintenance or repair situation
occurs
b) Minimum response time of 30 minutes when maintenance
issues occur
during operational hours and impact the use of a pool or
attraction
c) Response time of 24 hours or less when maintenance issues
do not
impact the use of a pool or attraction
8. Service Frequency
a) October 1 through April 30
(1) 5 days per week
b) May 1 through September 30
(1) 7 days per week
(2) On days when air temperature exceeds 90 degrees,
pools must be
checked twice per day
Services Agreement between
City of Dublin and East Bay Pool Service Inc. Exhibit B – Page 1 of 1
EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
POOL MAINTENANCE SERVICES
May-September (5 Months) $10,560.00/Month
October-April (7 Months) $8,620.00/Month
As Needed Maintenance and Repairs 90.00/Hour
Contingency $11,314
Total Cost $124,454.00
East Bay Pool Service has been in contracts with commercial pools for over 25 years. We had
maintained the Dublin Swim Center for the City of Dublin for over 20 years before it closed down. We
have been in contract for maintenance at The Wave since its opening and have provided outstanding
daily maintenance with no incidents involving the pool maintenance or chemistry. Our company enjoys
the opportunity to serve The Wave and hopes to continue! For this reason, I have decided in good faith,
not to increase the maintenance price but instead resubmit the previous contract yearly price. We hope
that our loyalty and faithful service will be a strong aspect of the bid consideration should another
company come in with a lower offer.
We repair and replace heaters, pumps, filters, electrical, computer controls, tile, plaster, VGB
drains /equalizers, handrails, chlorinators, concrete decks, plumbing and more.
We have a very close relationship the the Alameda and Contra Costa County Health Dept who
monitor all commercial swimming pool facilities. They often call us with technical questions concerning
pump flow rates, and calculations concerning the AB1020 /Virginia Gramme Baker Act.They have used us
as a test facility to determine possible improvements to they inspection process.
Please feel free to call me on my cell if you have any questions or wish to set up a time we can
meet and discuss specific needs or concerns. Cell (925)683 -7024
The following are some references that you may contact to verify quality of
service:
1. Saint Mary's College — 6 years
Scott Logan- Director of Facilities
2. San Ramon Valley High School —14 years service
Monte Vista High School —16 years service
Both pools run by San Ramon Valley School District, Craig Susco —(925)
824 -1818
3. College Park HS, Mt Diablo HS, North Gate HS, - 7 years service
David Hart — MDUSD Director, 925 825 -7440
Other pools on Service:
) Walnut Height Swim Club 12 years, Scottsdale Swim Club 13 years, Rancho San Miguel
Swim Club 12 years, Greenbrook Swim Club 10 years, Sycamore Swim Club 7 years.
More references available upon request...
Any required insurance certificates will be immediately provided up an agreement,
Jim Vance 10/23/19
President- East Bay Pool Service
Cell (925)683 -7024
REQUEST O PROPOSAL
Swimming Pool and Waterpark Maintenance for Aquatic Facilities
Objective: The City of Dublin is requesting proposals for pool, slide and water feature
maintenance services for the award winning, 31,000 square foot Wave
Aquatic Center located at Emerald Glen Park in Dublin, California. The
boardwalk - Chemed Waterpark includes a six - waterslide tower featuring two
speed slides, a children's Splash Zone, a sports pool, and an indoor
natatorium making this facility a great attraction year - round. The
maintenance services requested include regularly scheduled pool cleaning
and waterslide maintenance along with as- needed services for the
contract period beginning January 1, 2020 through December 31, 2021.
Proposals Due: Proposals must be received by October 25, 2019 by 5:00 p.m. Postmarks
will not be accepted. Faxes will not be accepted.
All submissions must be hand delivered, mailed or emailed to the Aquatics
Supervisor.
Contact: Stephanie Mein, Aquatics Supervisor
City of Dublin
Parks and Community Services Department
100 Civic Plaza
Dublin, CA 94568
(925) 556 -4500
AQUATIC THE WAVE
The required maintenance and service frequency unless otherwise specified (daily, weekly, annually,
etc.) for the Wave Aquatic complex is reflected in the following scope of services.
SCOPE 1. OF
NATATORIUM A. (indoor Pool)
Description of pool
a) 160,000 Gallons
b) 6,900 square foot surface area
c) 6 - 25 Yard Lanes; 3 Shallow Teaching Bays
2. Proposed Operational Schedule
a) Year Round
b) 7 Days per Week
3. Daily Services
a) Test the water chemistry
b) Test the water chemistry at chemical controller and calibrate units as
needed
c) Add and /or adjust chemicals as needed
d) Check pool temperature and make adjustments to maintain an optimal
temperature of 82 to 84 degrees
e) Empty /clean all skimmer baskets, vacuum pump strainers, and flow
indicator filters
f) Skim pool and clean gutters
4. Weekly Services
a) Fully vacuum one time per week
b) Test total alkalinity and calcium hardness
5. Bi- weekly Services
a) Backwash Filters (or more often as needed)
B. CHILDREN'S PLAY POOL (Splash Zone)
Description of pool
a) Includes a WhiteWater Aqua Play structure and a variety of
interactive play features
b) 27,600 Gallons
c) 4,945 square foot surface area
2. Proposed Operational Schedule
a) May 1 through October 31
b) 7 Days per Week
3. Pre - Operation
a) Install water features
b) Inspect large tipping bucket assembly
2
4. Daily Services
a) Test the water chemistry
b) Test the water chemistry at chemical controllers and calibrate units
as needed
c) Add and /or adjust chemicals as needed
d) Check pool temperature and make adjustments to maintain an optimal
temperature of 78 to 80 degrees
e) Empty /clean all skimmer baskets and vacuum pump strainers and flow
indicator filters
f) Skim pool and clean gutters
g) Check operating pressure and flow to all effects
h) Visually inspect climbing and safety nets
i) Visually inspect web crawl tunnels
5. Weekly Services
a)
Vacuum entire pool biweekly from April thru October and
Weekly November thru March
b)
Test total alkalinity and calcium hardness
c)
Visually inspect large tipping bucket assembly
d)
Visually inspect swinging bridge joints
e)
Inspect Aqua Play -1 Single and 2 Tandem waterslides
f)
Check operation of jets and nozzles and clean as required
g)
Check valve operating assemblies
6. Bi- weekly Services
a) Backwash Filters (or more often as needed)
b) Check operation of nozzles
7. End of Season
a) Drain Play Structure for maintenance and repairs
b) Inspect entire structure and submit a report with cost estimates for any
repairs that are needed
c) Clean components as needed
d) Inspect paint and /or galvanizing and submit a report with cost estimates
for any repairs that are needed, documentation for all repairs that includes
who made the repairs and the date, along with the scope of work should
be submitted within five business days.
e) Remove, label, and store small parts
f) Inspect large tipping bucket assembly
8. Other Services
a) Wax waterslides two times annually.
(1) Pre - season wax completed by April 1
(2) End of Season wax completed by October 31
3
1. Daily Services
a) Test the water chemistry of all slides
b) Test the water chemistry at chemical controllers and calibrate units as
needed
c) Add and /or adjust chemicals as needed
d) Check pool temperature and make adjustments to keep at suggested
temperature of 78 to 80 degrees
e) Empty /clean all skimmer baskets and vacuum pump strainers, and flow
indicator filters
f) Skim all runout lanes
g) Check all runout lanes for algae and take necessary steps to remedy
2. Weekly Services
a) Fully vacuum all run out flumes two times a week during the months of
June, July and August, and one time per week for the remainder of the
year
b) Test total alkalinity and calcium hardness
c) Weekly draining of air compressor for drop slide
3. Bi- weekly Services
a) Backwash Filters (or more often as needed)
D. COMPETITIVE POOL (Sports Pool)
1. Description
a) 286,000 Gallons
b) 6,173 square foot surface area
C) 11 lanes
2. Proposed Operational Schedule
a) October 1 through April 30
(1) 5 Days per Week
b) May 1 through September 30
(1) 7 Days per Week
3. Daily Services
a) Test the Water chemistry
b) Test the water chemistry at chemical controllers and calibrate units
as needed
c) Add and /or adjust chemicals as needed
d) Check pool temperature and make adjustments to keep at suggested
temperature
e) Empty /clean all skimmer baskets and vacuum pump strainers and flow
indicator filters
f) Skim the pool and clean gutters
g) Check for algae and take necessary steps to remedy.
Il
4. Weekly Services
a) Fully vacuum pool two times per week
b) Uncover and recover the pool as needed
c) Test total alkalinity and calcium hardness
d) Inventory pool chemicals
5. Bi- weekly Services
a) Backwash Filters (or more often as needed)
6. General Maintenance
a) Check all pools for algae and take necessary steps to remedy
b) Other preventative maintenance
c) Inventory pool chemicals
d) General upkeep of the high -rate sand for each circulation system
e) Check flow meters and pressure gaup,
f) Complete and submit checklists and nrl lance reports
7. Other Maintenance and Repair Services (as nee -:d)
a) On call availability when a maintenance or t epair situation occurs
b) Minimum response time of 30 minutes when maintenance issues occur
during operational hours and impact the use of a pool or attraction
c) Response time of 24 hours or less when maintenance issues do not
impact the use of a pool or attraction
8. Service Frequency
a) October 1 through April 30
(1) 5 days per week
b) May 1 through September 30
(1) 7 days per week
(2) On days when air temperature exceeds 90 degrees, pools must be
checked twice per day
E. WATER SLIDE TOWER (Optional Bid)
Slide maintenance will require repelling for the two speed slides. In order to complete
this repelling requirement, contractors must be certified to do so. Documentation for all
repairs that includes who made the repairs and the date, along with the scope of work
should be submitted within five business days.
Description
a) Four Waterslides
(1) Slide A (Riptide Rider) — 251 ft
(2) Slide B (Golden Wave) — 199 ft
(3) Slide C (Mt. Diablue) — 245 ft
(4) Slide D (Shamrock Swirl) — 71 ft
b) Two Speed Slides (repelling work required)
(1) Slide E (Dublin Screamer Speed Slide) —176 ft
(2) Slide F (Emerald Plunge Speed Slide -154 ft
c) 6 Slide Runouts
d) 11,300 Gallons
5
2. Proposed Operational Schedule
a) May 1 through September 30
(1) 7 Days per week
b) October 1 through April 30
(1) Closed
3. Other Services
a) Wax waterslides two times annually using "Stay Sealed" high gloss water
slide protectant/sealant/wax to the complete surface of slide interior.
(1) Pre - season wax completed by April 1
(2) End of season wax completed by October 31
4. Hand polish all slides as needed
5. High - pressure water wash (up to 4,000 p.s.i.) using biodegradable degreasing
agent and steam /hot water blast where necessary, in order to remove any
grease, oil, loose paint, dirt and oxidation.
6. Perform Semi - Annual and Annual Inspections according to WhiteWater
guidelines (Attachments A and B), Semi - Annual Inspection to be completed by
October 31 after waterpark operation concludes and the Annual Inspection to be
completed by April 1, before waterpark operation begins. The inspection check
list must be submitted back within five business days of the end of the inspection.
This should include the date and names of inspectors, as well as their signatures
signing off on the completed inspection.
a) Submit repair estimates for anything that needs to be repaired and
returned to manufacturer standards.
Check all joint caulking (Silkaflex 1 a construction sealant by Silka needed)
and provide an estimate for repairs of joints with partial, missing, or
cracked caulking
b) Check operation of nozzles for Slide D (Shamrock Swirl)
c) Other preventative maintenance including inspection of fiberglass for
cracking, joint separation, or other concerns as related
7. Replace annual parts as indicated by WhiteWater on the Dublin Screamer drop
slide (Slide E) by April 1
a) Send roller bar out for DPT testing per ASTM E147/E1417M
b) Replace filter cartridge (part 380188)
c) Replace 4 solenoid valves (part 342044)
d) Replace both bumpers (part 334849)
e) Replace rollers 2 (part 379987) and set screws 4 (part 379833)
C
Ill. FINANCIAL RELATIONSHIP
A. The proposal should include all fees, including delivery charges for the
described maintenance services
B. Invoices should be submitted to the City designee on a monthly basis
C. The City agrees to pay contractor 30 days after receiving a completed
service invoice
D. The City has the right to contest an invoice prior to making payment
III. PROPOSAL SUBMISSION
A. One original proposal and Bid Form (reproducible and submitted in loose -
leaf, letter sized 8.5" x 11" format, with numbered pages) must be received
by the Parks and Community Services Department, City of Dublin, 100
Civic Plaza, Dublin, CA, 94568, by October 29, 2019 at 5:00 p.m. Faxes
Will not be accepted.
B. A complete proposal should contain:
a) Biography of the organization
b) Listing of current clients
c) Client references
d) Proposal of all fees for services (see Bid Form)
e) Offer statement
C. All proposals, as well as any modifications, received by the City after the
hour and date specified above, will not be accepted. Postmarks will not
accepted. All proposals will become the property of the City of Dublin and
will not be returned.
D. The proposal shall be signed by an officer or officers authorized to execute
legal documents on behalf of the Proposer and shall contain a statement to
the effect that the proposal is a firm offer for a 60 -day period.
IV. PROPOSAL ACCEPTANCE
A. Primary consideration will be given to the general appropriateness and completeness of
the proposal for the services, and the company's willingness to work cooperatively with
City Staff. The City reserves the right to reject all proposals.
V. CITY REQUIREMENTS
A. The contract will be awarded only to a responsible company. In order to qualify as
responsible, a prospective vendor must meet the following standards, as they pertain to
this Request for Proposals.
B. The Vendor must have adequate experience, financial resources for performance, and
staffing to coordinate the deliveries as required during the performance period of the
proposed contract.
C. The Vendor must be able to comply with the proposed or required performance
schedule.
D. The Vendor must have a satisfactory record of contractual performance.
E. The Vendor must maintain all liability insurance, including worker's
compensation, and agree to hold the City of Dublin harmless, consistent
with the following:
7
CONTRACTOR further agrees to assume all hazards and risks which CONTRACTOR
may incur in the course of performing this contract and agrees to indemnity and hold the
City of Dublin harmless and release the City of Dublin, its officers, employees, agents
and participants, from any and all liability for any injury arising out of, or in any way
connected with participating in this program. CONTRACTOR understands that CITY
has no accident or Workmen's Compensation insurance for persons performing
services as an independent contractor.
F. The Vendor must be otherwise qualified and eligible to receive an award to
deliver chemicals under all applicable laws and regulations.
G. The selected vendor must obtain a City of Dublin Business License.
VI. CITY CRITERIA L CTI VENDOR
The City's criteria in selecting a Company will include but is not limited to:
A. The Vendor's bid prices, qualifications, current and past service performance as well as
meeting the City's background and reference checks.
VII. SELECTION C S
A. All proposals are due by October 29, 2019 at 5:00 p.m.
B. A Committee of City Staff, which may include the Assistant Director of
Parks and Community Services, Recreation Manager, Aquatics Supervisor, and
Aquatics Coordinator, will review the proposals and select the vendor based on the
responsiveness to the RFP.
C. A decision should be made on or shortly after October 29, 2019 (pending reference
checks) and will be followed by approval of a purchase order by the City Council on
December 3, 2019 for services beginning January 1, 2020.
D. The Company would begin work on January 1, 2020 following the signing
of the Agreement.
Vlll. LIMITATIONS
The City reserves the right to extend the time allotted for the proposal to examine
verbally the bidder in person, and to request and review a best and final offer, should the City
deem that it is in its best interests to do so.
This Request for Proposal does not commit the City to award a contract, or to pay any
costs incurred in the preparation of the proposal. The City reserves the right to accept or reject
any or all proposals received as a result of this Request for Proposal, to negotiate with any
qualified vendor, or to cancel this request in part or in its entirety. The City will review
proposals and select the lowest responsible bidder for 2 of the 3 sections as identified within
the scope of work. The City may require the selected Company to participate in negotiations
and to submit such technical, price, or other revisions to their proposal as may result from
negotiations.
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ATTACHMENT 1
RESOLUTION NO. XX - 19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
APPROVING AN AGREEMENT WITH USA POOLS OF CALIFORNIA/USA MANAGEMENT
FOR WATERSLIDE MAINTENANCE SERVICES
WHEREAS, Staff issued a Request for Proposal for both pool and waterslide maintenance
services for The Wave at Emerald Glen Recreation and Aquatic Complex; and
WHEREAS, USA POOLS OF CALIFORNIA/USA MANAGEMENT was the lowest responsible
bidder; and
WHEREAS, USA POOLS OF CALIFORNIA/USA MANAGEMENT will provide waterslide
maintenance service that aligns with the City’s needs; and
WHEREAS, USA POOLS OF CALIFORNIA/USA MANAGEMENT is prepared to complete the
work outlined in the Scope of Services; and
NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Dublin does hereby
approve the Agreement with USA Pools of California/USA Management, attached hereto as Exhibit
A, for The Wave at Emerald Glen Recreation and Aquatic Complex.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreement
and make any other minor modifications as necessary to carry out the intent of this Resolution .
PASSED, APPROVED AND ADOPTED this 3rd day of December, 2019, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
Services Agreement between [January 1, 2020]
City of Dublin and USA Pools of California/USA Management Page 1 of 15
CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND
USA POOLS OF CALIFORNIA/ USA MANAGEMENT
THIS AGREEMENT for Swimming Pool and Waterpark Maintenance for Aquatic Facilities services
is made by and between the City of Dublin (“City”) and USA POOLS OF CALIFORNIA/ USA
MANAGEMENT. (“Contractor”) (together sometimes referred to as the “Parties”) as of January 1, 2020 (the
“Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on December 31, 2022, the date of completion specified in Exhibit A, and Contractor
shall complete the work described in Exhibit A on or before that date, unless the term of
the Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Contractor to complete the services required by this Agreement shall not affect
the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding
the foregoing this Agreement may be extended on a month to month basis for up to 6
months upon the written consent of the Contractor and the City Manager, provided that: a)
sufficient funds have been appropriated for such purchase, b) the price charged by the
Contractor for the provision of the serves described in Exhibit A does not increase. None of
the foregoing shall affect the City’s right to terminate the Agreement as provided for in
Section 8.
1.2 Standard of Performance. 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.
1.3 Assignment of Personnel. 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 reassignment of any such persons,
Contractor shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Contractor shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Subsection 1.2 above and to satisfy Contractor’s obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $22,182.00
notwithstanding any contrary indications that may be contained in Contractor’s proposal, for services to be
performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this
Agreement and Contractor’s proposal, attached as Exhibit A, regarding the amount of compensation, the
Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the
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City of Dublin and USA Pools of California/USA Management Page 2 of 15
time and in the manner set forth herein. The payments specified below shall be the only payments from
City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to
City in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not
bill City for duplicate services performed by more than one person.
Contractor and City acknowledge and agree that compensation paid by City to Contractor under this
Agreement is based upon Contractor’s estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement shall
bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager
or his/her designee. Invoices shall contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
The beginning and ending dates of the billing period;
A Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
A copy of the applicable time entries or time sheets shall be submitted showing the
following:
o Daily logs of total hours worked by each individual performing work under
this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour
o If this Agreement covers multiple projects, all hours must also be logged
by project assignment
o A brief description of the work, and each reimbursable expense
The total number of hours of work performed under the Agreement by Contractor and
each employee, agent, and subcontractor of Contractor performing services
hereunder;
The Contractor’s signature;
Contractor shall give separate notice to the City when the total number of hours
worked by Contractor and any individual employee, agent, or subcontractor of
Contractor reaches or exceeds 800 hours within a 12-month period under this
Agreement and any other agreement between Contractor and City. Such notice shall
include an estimate of the time necessary to complete work described in Exhibit A and
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the estimate of time necessary to complete work under any other agreement between
Contractor and City, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Contractor.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within 60 days after completion of the services and submittal to City of a final
invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Contractor in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Contractor submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Contractor on an hourly basis for repair work
and emergency maintenance work in addition to those regular services set for in Exhibit A
shall not exceed $90.00 per labor-hour.
2.6 Reimbursable Expenses. Reimbursable expenses are included in the total amount of
compensation provided under this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Contractor terminates this
Agreement pursuant to Section 8, the City shall compensate the Contractor for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Contractor shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Contractor is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
2.10 Liquidated Damages. Failure of Contractor to respond to problems referred to it by City
within the time limits established in Subsection 1.2 of this Agreement shall result in
liquidated damages as set forth in Exhibit A.
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Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Contractor only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein. Contractor shall make a written
request to City to use facilities or equipment not otherwise listed herein.
The Wave Aquatic Facility (4201 Central Pkwy, Dublin, CA 94568)
3.1 Safety Requirements. In accordance with generally accepted construction practices and
state law, Contractor shall be solely and completely responsible for conditions on the
jobsite, including safety of all persons and property during performance of the work. This
requirement shall apply continuously and not be limited to normal working hours.
Contractor shall take all necessary precautions and provide all necessary safeguards to
prevent personal injury and property damage. Contractor shall provide protection for all
persons including, but not limited to, its employees and employees of its subcontractors;
members of the public; and employees, agents, and representatives of the City and
regulatory agencies that may be on or about the work.
The services of the City in conducting review and inspection of Contractor's performance is
not intended to include review of the adequacy of Contractor's work methods, equipment,
bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite.
All work and materials shall be in strict accordance with all applicable state, city, county,
and federal rules, regulations and codes, with specific attention to the United States
Department of Labor Occupational Health and Safety Administration (OSHA)
requirements. Contractor shall be solely responsible for compliance with all city, county,
and state explosive transport, storage, and blasting requirements and for any damages
caused by such operations.
Contractor is hereby informed that work on City property could be hazardous. Contractor
shall carefully instruct all personnel working on City property that all conditions of the
property are potentially hazardous work areas as to potential dangers and shall provide
such necessary safety equipment and instructions as are necessary to prevent injury to
personnel and damage to property. Special care shall be exercised relative to work
underground.
In addition to complying with all other safety regulations, Contractor shall abide by any and
all other City requirements contained in any specifications, special conditions or manuals,
which shall be made available by City upon request.
Contractor shall provide and maintain all necessary safety equipment such as fences,
barriers, signs, lights, walkways, guards, and fire prevention and fire-fighting equipment
and shall take such other action as is required to fulfill its obligations under this section. It
is the intent of the City to provide a safe working environment under normal conditions.
CONTRACTOR IS ADVISED THAT CITY’S OPERATIONS AND PROPERTY ARE
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INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED
SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE
TO PATHOGENS.
Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition
at all times. If required by the City, toilets shall be furnished by Contractor where needed
for use of its employees and their use shall be strictly enforced. Contractor shall not use
the City's existing sanitary facilities, unless previously authorized by the City.
Contractor shall keep adequate first aid facilities and supplies available and instruction in
first aid for its employees shall be given.
City reserves the right to require that Contractor bring onto the project or engage the
services of a licensed safety engineer at any time during the term of this Agreement. If
Contractor does not have a licensed safety engineer on staff, then City may require that
Contractor engage a subcontractor or subconsultant as the project’s safety engineer.
Contractor shall bear all costs in connection with meeting the requirements of this section.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, at its
own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance
listed below against claims for injuries to persons or damages to property that may arise from or in
connection with the performance of the work hereunder by the Contractor and its agents, representatives,
employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof
satisfactory to City of such insurance that meets the requirements of this section and under forms of
insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Contractor shall maintain the insurance policies required by this section throughout the term of this
Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow
any subcontractor to commence work on any subcontract until Contractor has obtained all insurance
required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect.
VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS
AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for
the duration of this Agreement.
4.1 Workers’ Compensation.
4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory
Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all
persons employed directly or indirectly by Contractor. The Statutory Workers’
Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of
not less than $1,000,000 per accident. In the alternative, Contractor may rely on a self-
insurance program to meet these requirements, but only if the program of self-insurance
complies fully with the provisions of the California Labor Code. Determination of whether a
self-insurance program meets the standards of the California Labor Code shall be solely in
the discretion of the Contract Administrator.
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The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor
of the City for all work performed by the Contractor, its employees, agents, and
subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall
submit the following:
a. Certificate of Workers’ Compensation Insurance in the amounts specified
in the section; and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Contractor, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $2,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $2,000,000 per occurrence, combined
single limit coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an Automobile Liability
form or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting
therefrom, and damage to property resulting from activities contemplated under
this Agreement, including the use of owned and non-owned automobiles.
4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (most recent edition) covering comprehensive General Liability on an
“occurrence” basis. Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any auto). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as
additional insureds as respects: liability arising out of work or operations
performed by or on behalf of the Contractor; or automobiles owned,
leased, hired, or borrowed by the Contractor.
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c. Contractor hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsements that may be necessary to
affect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the
Contractor’s insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees,
or volunteers shall be excess of the Contractor’s insurance and shall not
contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
4.3 All Policies Requirements.
4.3.1 Acceptability of Insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.3.2 Verification of Coverage. Prior to beginning any work under this Agreement,
Contractor shall furnish City with complete copies of all Certificates of Liability
Insurance delivered to Contractor by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certificates of Liability
Insurance and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City does not
receive the required insurance documents prior to the Contractor beginning work,
it shall not waive the Contractor’s obligation to provide them. The City reserves
the right to require complete copies of all required insurance policies at any time.
4.3.3 Deductibles and Self-Insured Retentions. Contractor shall disclose to and
obtain the written approval of City for the self-insured retentions and deductibles
before beginning any of the services or work called for by any term of this
Agreement. At the option of the City, either: the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the City, its officers,
employees, and volunteers; or the Contractor shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
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4.3.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting”
policy limit (i.e. limit that is eroded by the cost of defense).
4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall
be endorsed to state that coverage shall not be canceled by either party, except
after 30 days’ prior written notice has been provided to the City.
4.3.6 Subcontractors. Contractor shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Contractor’s breach:
Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
Order Contractor to stop work under this Agreement or withhold any payment that
becomes due to Contractor hereunder, or both stop work and withhold any payment,
until Contractor demonstrates compliance with the requirements hereof; and/or
Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES. Contractor shall
indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials,
employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses,
and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively,
“Liability”) of every nature arising out of or in connection with Contractor’s performance of the Services or
its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by
the sole negligence or willful misconduct of City.
The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s
inability to evaluate Liability or because the Contractor evaluates Liability and determines that the
Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any
claim for defense and indemnity by the City, unless this time has been extended by the City. If the
Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any
other remedy authorized by law, so much of the money due the Contractor under and by virtue of this
Agreement as shall reasonably be considered necessary by the City, may be retained by the City until
disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the
tender of defense, whichever occurs first.
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Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by
California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to
indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
Section 6. STATUS OF CONTRACTOR.
6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Contractor only insofar as the results of Contractor's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3;
however, otherwise City shall not have the right to control the means by which Contractor
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
all claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
6.2 Contractor Not an Agent. 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.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Contractor and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
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7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its
employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals of whatsoever nature that are legally required to practice their respective
professions. Contractor represents and warrants to City that Contractor and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Contractor and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the
basis of a person’s race, sex, gender, religion (including religious dress and grooming
practices), national origin, ancestry, physical or mental disability, medical condition
(including cancer and genetic characteristics), marital status, age, sexual orientation, color,
creed, pregnancy, genetic information, gender identity or expression, political affiliation or
belief, military/veteran status, or any other classification protected by applicable local,
state, or federal laws (each a “Protected Characteristic”), against any employee, applicant
for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or
applicant for any services or programs provided by Contractor under this Agreement.
Contractor shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Contractor.
Contractor may cancel this Agreement upon 30 days’ written notice to City and shall
include in such notice the reasons for cancellation.
In the event of termination, Contractor shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Contractor delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Contractor or
prepared by or for Contractor or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Contractor understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Contractor with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Contractor for any otherwise reimbursable expenses incurred
during the extension period.
Services Agreement between [January 1, 2020]
City of Dublin and USA Pools of California/USA Management Page 11 of 15
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the
Parties.
8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this
Agreement contemplates personal performance by Contractor and is based upon a
determination of Contractor’s unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Contractor.
Contractor may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Contractor shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Contractor shall survive
the termination of this Agreement.
8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms
of this Agreement, City’s remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Contractor pursuant to this Agreement;
8.6.3 Retain a different contractor to complete the work described in Exhibit A not
finished by Contractor; or
8.6.4 Charge Contractor the difference between the cost to complete the work described
in Exhibit A that is unfinished at the time of breach and the amount that City would
have paid Contractor pursuant to Section 2 if Contractor had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Contractor’s Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Contractor prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Contractor hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Contractor agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
Parties.
Services Agreement between [January 1, 2020]
City of Dublin and USA Pools of California/USA Management Page 12 of 15
9.2 Contractor’s Books and Records. Contractor shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of 3 years, or for any longer period
required by law, from the date of final payment to the Contractor to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this
Agreement requires Contractor to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to
the examination and audit of the State Auditor, at the request of City or as part of any audit
of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the Parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the Parties.
10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Contractor in a “conflict of interest,” as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Services Agreement between [January 1, 2020]
City of Dublin and USA Pools of California/USA Management Page 13 of 15
Contractor shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Section 1090 et seq.
Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an
employee, agent, appointee, or official of the City. If Contractor was an employee, agent,
appointee, or official of the City in the previous 12 months, Contractor warrants that it did
not participate in any manner in the forming of this Agreement. Contractor understands
that, if this Agreement is made in violation of California Government Code Section 1090 et
seq., the entire Agreement is void and Contractor will not be entitled to any compensation
for services performed pursuant to this Agreement, including reimbursement of expenses,
and Contractor will be required to reimburse the City for any sums paid to the Contractor.
Contractor understands that, in addition to the foregoing, it may be subject to criminal
prosecution for a violation of California Government Code Section 1090 et seq., and, if
applicable, will be disqualified from holding public office in the State of California.
10.7 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.8 Contract Administration. This Agreement shall be administered by the City Manager
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.9 Notices. Any written notice to Contractor shall be sent to:
USA Pools of California/USA Management
237 Kerney Street
San Francisco, CA 94108
Any written notice to City shall be sent to:
City of Dublin
Att: Andrea Mendez, Recreation Manager
100 Civic Plaza
Dublin, CA 94568
10.10 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A, B, [and C] represents the entire and integrated
agreement between City and Contractor and supersedes all prior negotiations,
representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Compensation Schedule & Reimbursable Expenses
10.11 Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
Services Agreement between [January 1, 2020]
City of Dublin and USA Pools of California/USA Management Page 14 of 15
10.12 Certification per Iran Contracting Act of 2010. In the event that this contract is for
one million dollars ($1,000,000.00) or more, by Contractor’s signature below Contractor
certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of
Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of
the California Public Contract Code as a person engaging in investment activities in Iran as
described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b)
of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
Services Agreement between [January 1, 2020]
City of Dublin and USA Pools of California/USA Management Page 15 of 15
The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN USA POOLS OF CALIFORNIA/USA MANAGEMENT
Christopher L. Foss, City Manager
Attest:
Contractor’s DIR Registration Number
(if applicable)
Caroline Soto, City Clerk
Approved as to Form:
City Attorney
Services Agreement between [JANUARY 1, 2020]
City of Dublin and East Bay Pool Service Inc. Exhibit A – Page 1 of 2
EXHIBIT A
SCOPE OF SERVICES
THE WAVE AQUATIC COMPLEX SCOPE AND SUMMARY
The required maintenance and service frequency unless otherwise specified (daily,
weekly, annually, etc.) for the Wave Aquatic complex is reflected in the following scope
of services.
I. SCOPE OF SERVICES
E. WATER SLIDE TOWER (Optional Bid)
Slide maintenance will require repelling for the two speed slides. In order
to complete this repelling requirement, contractors must be certified to do
so.
1. Description
a) Four Waterslides
(1) Slide A (Riptide Rider) – 251 ft
(2) Slide B (Golden Wave) – 199 ft
(3) Slide C (Mt. Diablue) – 245 ft
(4) Slide D (Shamrock Swirl) – 71 ft
b) Two Speed Slides (repelling work required)
(1) Slide E (Dublin Screamer Speed Slide) – 176 ft
(2) Slide F (Emerald Plunge Speed Slide– 154 ft
c) 6 Slide Runouts
d) 11,300 Gallons
2. Proposed Operational Schedule
a) May 1 through September 30
(1) 7 Days per week
b) October 1 through April 30
(1) Closed
3. Other Services
a) Wax waterslides two times annually using “Stay Sealed” high
gloss water slide protectant/sealant/wax to the complete
surface of slide interior.
(1) Pre-season wax completed by April 1
(2) End of season wax completed by October 31
4. Hand polish all slides as needed
Services Agreement between [JANUARY 1, 2020]
City of Dublin and East Bay Pool Service Inc. Exhibit A – Page 2 of 2
5. High-pressure water wash (up to 4,000 p.s.i.) using biodegradable
degreasing
agent and steam/hot water blast where necessary, in order to
remove any
grease, oil, loose paint, dirt and oxidation.
6. Perform Semi-Annual and Annual Inspections according to
WhiteWater
guidelines (Attachments A and B), Semi-Annual Inspection to be
completed by October 31 after waterpark operation concludes and
the Annual Inspection to be completed by April 1, before waterpark
operation begins.
a) Submit repair estimates for anything that needs to be
repaired and
returned to manufacturer standards.
Check all joint caulking (Silkaflex 1a construction sealant by
Silka needed) and provide an estimate for repairs of joints
with partial, missing, or cracked caulking
b) Check operation of nozzles for Slide D (Shamrock Swirl)
c) Other preventative maintenance including inspection of
fiberglass for cracking, joint separation, or other concerns as
related
7. Replace annual parts as indicated by WhiteWater on the Dublin
Screamer drop
slide (Slide E) by April 1
a) Send roller bar out for DPT testing per ASTM E147/E1417M
b) Replace filter cartridge (part 380188)
c) Replace 4 solenoid valves (part 342044)
d) Replace both bumpers (part 334849)
e) Replace rollers 2 (part 379987) and set screws 4 (part
379833)
Services Agreement between
City of Dublin and East Bay Pool Service Inc. Exhibit B – Page 1 of 1
EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
WATERSLIDE MAINTENANCE SERVICES
Semi-Annual Inspection #1 $485.00
Semi-Annual Inspection #2 $485.00
Parts Replacement $4,194.71
Pre-Season Waxing (Includes 6 Slides) $7,500.00
Post-Season Waxing (Includes 6 Slides) $7,500.00
Contingency $2,016.47
Total Cost $22,182.00
i 11
d WO^-)terpa----iutak *-enance
For over 30 years, USA Pools of State, have provided swimming pool management and maintenance services
for homeowner associations, cities, counties, country clubs, and military bases throughout the country. We
have in place the valued services and programs that will enable us to serve you with a 100% guaranteed
satisfaction. Our company provides complete aquatic management for your facility. With a combined total of
over 50 years experience, our mission is to provide personalized service focused on providing fast and direct
response to every customer.
Our operation is turn -key and includes these services:
- Complete opening and closing of facility.
-A comprehensive and complete inspection of your facility at opening and closing to prepare your pool for
county inspection and to aid the community in future budgets for pool upkeep & repairs.
- Complete Service Department equipped to perform any and all necessary repairs and renovations at your
facility.
- Professional Liability insurance protection.
Automated and GPS timekeeping system to insure prompt attendance of our staff at your facility.
-Full program of swim lessons and staffing for all community events.
- Customized Interactive Web Portal. (see below)
In 2014, USA introduced customized Web Portals and the GoAquatix mobile app. for each community and
municipality that we manage. These password protected portals are interactive and are customized to the
unique needs of each community. They provide a level of transparency that is unprecedented in our industry.
Information such as, chemical log data, time keeping records, repairs, invoicing and billing are available 24/7.
Again, we appreciate you taking a good look at USA Pools of State!
Sincerely,
Sales, USA Management
877.248.1872 x707
www.usamanaement . com
alison (@usamanagement.com
`; ". ,;.;
t
P I , M � M ft�? -; r t,
P-14LOI I I it
Territory Manager: Responsible for oversight of multiple aquatic facilities. The
Territory Manager is the liaison between the customer and the company.
Service Supervisor: Responsible for the delegation and coordination of all
service technicians and CPO's. Knowledgeable on all aquatic facilities assigned
to their area.
CPO (Certified Pool Operator): Responsible for the day to day compliance and
requirements of aquatic facility water quality mandated by OSHA and County
or City guidelines.
Service Technician: Specific training and certifications in electrical, plaster,
filtration, and pluming.
a:
SX-
MANAGEMENT
USA Management's Administrative Department team members are certified as
a part of the National Association of Professional Organizers. This is integral
piece for USA to be able to manage both internal and external reporting.
USA's administrators and accounting departments use an ERP system that log
all financials, service quotes, work orders, and purchase orders. These can be
viewed internally and shared externally for clients to view and receive either
via email or mail. A service quote is entered into the system by a Territory
Manager or Service Technician. Once the Board has approved the service
quote the system converts the quote into a work order and notifies the
accounting team as well as the originator of the quote that the work can be
completed.
Externally at facilities; USA uses facility management technology that accounts
for admissions , rentals, programs and employee clock in/ clock outs.
Technology
its fit
USA's Facility Management System is an easy to use, cloud based,
system for all facility management activities including preventative
maintenance, inventory, work orders, facilities scheduling and
rental, equipment tracking, and vendor tracking. The system is
based around a calendar for easy planning. It has a full featured
mobile site that can be used on smartphones, or tablets. QR codes
are incorporated into the asset tracking to enhance the mobile
experience. Each user has a unique log in code to ensure proper
viewing on data.
� � � � �, .
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I
3 =uli U���M -32
Repairs Center
• Aquatic Staff has ability to request
items /parts that need repair to be
fixed
• Instantly take picture and text to
record broken items /parts
• Creates Repair Ticket & Tracks Repair
• Notifies Progress to Customer
• Order Supplies
• Upload Information for Approval
Process
Aromw
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s:oo(D)
s:oo(D)
s:oo(D)
Year Team
8:00(W) s:oo(D) s
8 :00(w)
D)
s:oo(w) s:oo(D) s:oo(D)
s:oo(w) a:oo(D) s:oo(D)
s:oo(D) s:®o(M) s:oo(D)
s:oo(w)
D= Daily Maintenance
W= Weekly Maintenance
M= Monthly Maintenance
s:oo(D)
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THE WAVE AQUATIC COMPLEX SCOPE AND SUMMARY
The required niaintenance and service fTequency un-Iess ot� srivise- t'daily, weekly, annuaRllyl
eto-) for the Wave Aquatic corp, x is ref."s-cled in the Ul-vaing scope of services.
1111. SCOPE OF S ERVICES
A. NATATORIUM (thdoor Pool)
1. Desc-riplion oflaor.-I
a) 1610,1300 Gallons
b)
6,900 s qm a e foot s� a ifac, e area
c I • 6 - 25 Yard Lanes: 3, Shallow Teaching Bays,
2- Proposed Ope rat ibra al Szzbeduie
a) Year Round
b) 7 Days per Week
3- Daily Services
a) Test Ifie, waisr chemistry
b) Test 1h e, - h y a t i e r ch e r n i s t r y ; 3 , 1 . ch eimi cal controller .and cal il),rate units .as.
needed'51
c) Add an&or a4lust chemicails as needed,
d,'j Check pool lemperawre and make a,,*i2strr, is to maintain an o ; -Arnal
terr,p,z-Taw,Te cf82 to 84 degrees
e) Er-nptfi'-dea:,-,,, all !E*imnear baskets., -vacuum panip strainers, and f5cw
indicator filters
f, Skim pool and clear, gutters
4- 'Weekly Services
a) F,,Lv I I y vwu u,, n one 1j me per kw,- e k
b) Test 1=1 aRalin 4 and caftiumilhardness
5. Bi-weekly Senhcss
as Backwash Filters (or =r &ter, as needed)
B CH ILOREN'S PLXY POOL (Splash Zcne,'�
Deso4- 1 on ofpco'l
of Includes a White"A'ater Aqua Play striict, re .and a variety cf
i n t e r a cl i e t*v - Mures
b 27,,600 Gallons
o; 4,045 square foot :-= rface area
2-
Es posed Ctpoer-atbnal &-bedu1*
a) May 1 1hro.cgs Ocurilber'311,i
b) 7 Car- pe; � V'eekr
3 Rre-Operation
a) Install water featurers
b) Inspect large tipping toacket ass z-a*ly
_U S
`,MANA Flvi ENT
4, Daily Services
a,'j Test the water chemistry
i Test lhewa.ler di ms an.-fie mical controllers and calibrat's- ur.Ols
as needed
e-) Add an&or. adfiJusi. chewiic,30s as needed,
d) Check pool lemperawre and rnake a6, trne s to maintain an o;4irnal
terrf*TaLu,re, of- 78 to 8G degrees
ej Ernpryi'clea-n all skim,,Yie; basks-Is and vac-ijuen purnp straim—ST's and llow
indicamr, filteTs
f';, Skir-ra p and pie gutters
g� Mhieck aperating pxressure and qua to ill effrects
h Visually inspect &I'Onbing and safety nets
i) Visually inspactweb, oraMI, tunnels
5 Weekly SeTvioes
a)
Vacuum eirmlire poollb4tweekly front; ApiTIN &hru OctoLena rd
Week?y November 1hri tdwch
tb'�
Test total alkalin r ' and c4kiurn 11rardness
Visually inspect large tipp,'.Prq, bL6et assembly
d,',i
Visually inspect swinging bridge joints
s)
linspe<t A,qi-a PlaT.v-1 Single and 2 Tandem waterslides
f le
Citneck 9erabon of liets nca fes and dean,. as required
g,)
C.4heckwalve onerating asseimb-'Ries
Iii -weekly se-ruices
a) Backwasih Filters for rnc�% offs as needed)
b,r Chiieck ap erabon
T. End of Seascrn
a) D- -ain Ray Structure for rrainteTrarrnce- and repairs
b) hspec-ti emire struclure and sut(niit a report wfirh cost estim, ales for wmy
repa,Os 1hal. aire needecl
a,
Clean components as nee--4d
1171
ed I in, spect pa andk(-; galw3nizimg arod,, submit a report w1h ecist est'.6m, ates
fo, r ale s
yrepairs that are, needez.11, rzkocumentation for. repa'iTs that indu I
wto mm ade the re;%airs and the date, along Wth the sec of Vnz rk cs�-,Owld
be suk-m,, itted vvilihin five business days.
c-) Rjerrvv-e,, I. % and store small its
fj,� [ruspect large- tipping oucket assemn bly
6- 01her Serwiczes
Waxviralerslides tknes annually.
(1',I, Fare -sA-ascnwirmx wimp4e-lad by.April I
(' 2 1, End of �;easza, wax r-*rr;x4 ted by Octdtaer,34
C. WATERSLUE MAINTENANCE
Daily Senioe5
a) Test the water the istry of all slides
b) Test the eater ohemistry at controllers and Calibrate unils as
needed
c) Add and;or a jur-tcfiernica6s as needed
d) CtIeck ;.,Dol temperature wral make at'je tmems to keep at suggested
terrpei,ratu,',re c 78 to 80 degrees
e) Emptpi'dea,ru all skirrimeir basket-, and v.,xu. am, purf,p stra.a s. and flow
indicator filters
fil Skim all runout lames
g) U eck all rimiiit lanes for algae and take ne Dessa rf steps to rte-,.rnedy
2� Weekly Se-irwices
a) FLo I I y vaeu in all z°-um Cut q u rn e s tao times a week >during tb* m 0 ntta of
June, July and August-, and ckre tome pervir-aek for rhe remainds,, of, the
1b) Test total a3kalin and ium 11hardness
era W e e Kj� draining , af air cm-m pms s.-jr far dm',o slide
Bi-tweekly Se-mices
a) BaoWn. sh Filters (or, CAe rvlteidla as ne,=-6ed)
Co. Cf,1fJPETfTFdE POOL, (,Sports Poctly
1 Desciri- on
a) 286,000 Gallons
b) 6,173 square tot 5, rface area
C), 11 lane's
2-
Proposed Cperatbrail Szbedu5e
a) Octodb er 1 tt ,ph Aril KD
11,t 5 Oat's iper 'Xeek
b) klay I ihmLt;'h, Se*.rtember SO
(1) 7 Clays, erWeek
3- Daily SeTyioee
a) 'Test the ,'fir zAer chemisiry
t-�) Test the eater chemistry= at chemnic—il controllers and calibrate u rilm;
as needed
c) Add- andilorz;j: usl. mhernicafli as needed
d) C eck;rzol lemperatore ard make a6,iiiatmenuts to keep at suggested
terrpe--imtwre
ei Ernpty dea rm all skirrim e; basks'Ls and,wwwan-i pump strain,,iers and flow
indic-at-jr filteis
Skim, toe po:i,.! and dbeean g ers
g) C-,theck for algae and take ;r* oessary steps to ,rcnmedy.
m
4 Aleekly Sewices
a) Fully vacuum 4ioo1 twD times per vieek
01 Urwver and Te-mver the pool as need.ed
r Test total al'.11kalinty and cok iurn hardness
d�,'i [nventory pcd, chemicals
5- Ri weekly Se-Twices,
4
as Backvias1h, Filters (orm % iaftfen as nee&:d'!
6, 0—:nera1 Mai-nlemnan�ce
a,l Check all laccAls fv algae and take necessary steps 1c, rem edlyf
b) Other prey*,.,,,4ative rnaintv-kanoe
Inventory pzd,- chemicals
all'i Gena,,,Tal upkeep of t-he h4ih-$ate sand filters fc(T each circulatiz-in sylteerr,
e,l Ciheok qwN meters and pressuTe gaugk--s
ComepAr
g ete, and sutenit checklists and maintenance m ,pxts
T. `,C*r--,:7 Mainte;w.rance and Repair Services a,as rt-eded"
a,i On cYP awailalaility- vet-ten a mainte.,nance or repair situation cozzo"rs
N f4thirrown response t ne of 30 m0wies when, rriainteinance issues cozzour
during ope-Talional hours w ; irripact P.Ne use of i pco-'j or atlract j
rz;; Respc-,Tnse. t of 24 hours or less Wien rnaintisnance isswes do rvot
impart the use of a poac,! or attraclion
a,l O ctc r I ti-Rerfagh kn-ril 20
a;1:; 5 da.,ye perweek
V May 1 threL%rh Septi-arnber'31),
7 d ay. s perr, vwe k
(2'1� C>nn o 3ys when a i r temperature ex Ce e d s, 9i1 degrees, pe-ofs ,must b e
eb eckedd tivi ce p e r day
E. WATER SLIDE TVNER ficor pf
fC !
� , nal Bid)
Slide err ainLarance %vff req-oire regoelling for ft tma e;-ead slides. 1r crd r to w mplete
this repellirmg requkv-nent, contwtors. n-ays-1 be certified to do, so. Dcourps:nmion fog all
repa4rs that,irn-ludes vAlo made Ire repairs ano.-I the dater, a6vriig with, the scope C-4,,wc,7,k
stould be submitted Wthin fiwe Nysiness days..
1- DesaTj7,ftcn
a Frour Watemboies
f 1 SES 1 i de A j,� R i ptirdle Rider;, -.25 ,'J 1,i . ft-
y
(3,1x i d e C (Mt. D im b I u e [, . - 2 4-5 ft,-
o 4 2-1.1ide D (Shamrock g irl - 71 ft
7,we Speedl Slides f`nepelling i-voirk uiredl
s;11 o SvIfide E i;Dublin nw-
SarAeaeT Speed" Slids'*f - 176 ft
f 2'1 Z'fide F IEryNsrmld Fllwnge Speed Aids 54 ft
`1:11" 'Slide Ru',rovals
rz',r 11,390, 13allons
,2- FToposed CTerativnal Schedulle
a) May 1 Ihrc- .; 3e lember D
(1y 7 Days er vi-ee
) Octoilbrez 1 Vuoagh Atari]
11 dosed
3_ qh = Serwi s
) Wax iva erslides Mc., t€ nos annually using'! txf'Sealed' high gloss mater
slide ;;Toted rmUsea�IanU lothe corn lete s °Ltrfa of side inleder"
Fire - sea soar 'wax ipI elect by April 1
1 Y Ehd of season wax completed tvy October 31
4. Hand polish all slides as r=eded
b., High- pressure eater wash 1, wp to 4,001D usingibliodegradalble, degreasing
agent and sleamillhotwater blasviaheTe necessary, in order to rerro.-(we any
grease, oil, loose Ip r( d7vt and oxidafion.
6.. Pe,4amni Serri-Annual and Annual Inspecticr azo-ording toWhiWiVater
aidalines ,lAv:acfir eats A and B), Serrui- Annual InspecticTs u be °rip ed by
October 31aFterwaterpark o :ralion concludes and the Annua l 'rzspecti n tobe
completed ly}y April ``l, befo.Te wateTpark raperat on begins. l`� inspectiamm. check
.list must be submitted back Within five tav siness, da. s. the end .4 the inspecli n.
This shcu)d include the date and names of i°fspectors; as well as neir signatures
signing cIf on the mnp4eted inspection.
aj Submit repair estimates for an vtt�-q jg that ne is to= be repaired and
resumed to ma nuf r° re sMndards.
"heck all joim' r aV'Aing+ (Silka ey 'la oons-lructi n, sealant �v Silka neede�)
and provide arm estimate for repairs aff j� oirfts wjith padal,, rnissin ,gar
raced raiiking
) 0 Jerk q erabDn of rzzzles. `or , Iide 0. ptuarrimck vejirl :
iz) ether p reusralative, rnainterwc including ins - on off O rglas s for
cracking jo=in.sepa rack , yr nether concerns as latedi
Rep'Lac* annual parts as indicated byWhiteleliate;r on fhe Dablin C,crea.�,ner drop
Aide (Slide Eji l°yApril 1
aq Send roller bar out fr ArOP? testing per ASTM Et4WEl41.A^14
N Replace fi lt cart,%m 3801 a8 bg
f ) Replacei 4 sdLenoid valves (part 2044I.
ad's Replace br.&i burnpers (part `3134 )
e,i Replace rolls 2 foart 3799.187) and set screws 4 fipart 379833,1
lq� I
11,910-00 per month f,,,I!,ay through September
7,8%00 ober_ per month Oct through April
0
90-00 per hour for repair work and emergency maintenancework
RESPONSE TIME 2 HOURS/ EMERGENCY REPAIR 24 HOURS
Response time for ern ergency repair or maintenance work
for
for
Mau=
111111 11�111 111��Ijjj 1111111111 �11111 111111111111,
$ 485-00 serni-AnnuN Inspection
COST PLUS 10,'9L,
$ Annua� Inspection and Parts Replacement
1.1250.00 PER %t] D,
, , Z
$ -.2eason Waxing,
1.250.00 PER SLIDE
Post-Season Waxing
jlll�
Why E- Payment?
It's convenient an it saves time
• Your check electronically paid
into your account
• It eliminates a trip to the bank
• It eliminates writing checks
It's safe and Secure
Complete form for USA Management to request E- Payment method.
• No More lost and /or misplaced
checks
• Confirm your payment by phone
or online
• You'll receive an electronic
voucher for your records
It's simple
Complete form to USA
Management accounting
department and that's it! We do
the rest.
Address
City
Checking cr;t'ti iii;
1-01 k,inp 1 i .Imber
","'ate
I authorize USA Management and my bank to make
an E- Payment into my account listed above (this
includes my authorization to correct entries made
an in error). This authorization will remain in effect
until I give written notice to cancel it.
USA Management will send banking account
information so that you may enter it into your
banking system.
Budget Change Reference #:
From Un-Appropriated Reserves X Budget Transfer Between Funds
From Designated Reserves Other
Account Amount Account Amount
780502.4000.4001 (Contract Services - General)$22,182
12/3/2019
Posted By:Date:
As Presented at the City Council Meeting
**********Finance Use Only**********
CITY OF DUBLIN
REASON FOR BUDGET CHANGE
FISCAL YEAR 2019-20
BUDGET CHANGE FORM
DECREASE BUDGET AMOUNT INCREASE BUDGET AMOUNT
City Council's Approval Required
EXP: General Fund - The Wave - - Contract Services
Funding for the Wave slide maintenance
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