HomeMy WebLinkAbout4.08 PoolTimeMaintAgmt
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POOL MAINTENANCE AGREEMENT
THIS AGREEMENT is made at Dublin, California, as of July 1, 1993, by
and between the CITY OF DUBLIN, a Municipal Corporation ("CITY") and
POOL TIME ("CONTRACTOR"), who agree as follows:
DEFINITIONS
DAILY shall mean seven (7) days per week from Memorial Day to Labor
Day; five (5) days per week from Labor Day to September 30 and
February 1 to Memorial Day; and three (3) days per week from October 1
to January 30.
WEEKLY shall mean one day per week. Days selected shall be determined
by contractor and approved by the Director.
MONTHLY shall mean once per calendar month. Day(s) selected shall be
determined by the contractor and approved by the Director.
CONTRACTOR shall mean POOL TIME.
CITY shall mean city of Dublin.
DIRECTOR shall mean the Recreation Director or his/her designee.
AS NEEDED or AS REQUIRED shall mean any item or area serviced to a
safe and clean condition as determined by the Director.
TERMS AND CONDITIONS
SCOPE OF WORK
1. The services to be provided shall include full service pool
maintenance (in accordance with Section 31). The regular services to
be provided shall be performed as described in the Pool Maintenance
Specification which is attached hereto as Exhibit "A".
TERM OF AGREEMENTjRENEWAL/TERMINATION
2. The term of this Agreement shall begin on July 1, 1993, and shall
continue in full force and effect thereafter for a period of one year.
The Agreement shall be reviewed each year and may be renewed for up to
a total of three (3) years. Consideration may be given to an annual
adjustment of the rates identified, provided that the services
performed are satisfactory. Said adjustment will be subject to
written amendment of this Agreement which requires approval by the
city Council. The Agreement may be terminated by either party with 60
days' advance written notice, except that the city may terminate the
Agreement without prior notice if Contractor fails to perform
according to the terms of this Agreement. Upon termination,
Contractor shall be paid for all work performed to date, as provided
in Section 8, said payment to be prorated as necessary.
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PROVISION OF PERSONNEL
3. The contractor shall furnish the necessary employees to provide
the pool maintenance services described in Exhibit A.
COMPLIANCE WITH ANTI-DISCRIMINATION LAWS
4. In the performance of this Agreement, the Contractor agrees not
to engage in discrimination in employment of persons because of the
race, color, national origin, ancestry, sex, or religion of such
persons. Violation of this provision may result in the imposition of
penalties referred to in Labor Code 1735.
INDEPENDENT CONTRACTOR
5. Contractor shall be considered an independent contractor and not
an employee of the City of Dublin. city shall have the right to
control Contractor only insofar as the result of contractor's services
rendered pursuant to this Agreement; however, City shall not have the
right to control the means by which contractor accomplishes services
rendered pursuant to this Agreement.
Except as city may specify in writing, Contractor shall have no
authority, express or implied, to act on behalf of city in any
capacity whatsoever as an agent. Contractor shall have no authority,
express or implied, pursuant to this Agreement, to bind City to any
obligation whatsoever.
CONTRACTOR RESPONSIBLE FOR COMPENSATION TO EMPLOYEES OF CONTRACTOR
6. The contractor shall be responsible for the cost of all
remuneration of whatever kind to employees, inClUding, but not limited
to, regular and overtime pay, as well as cost of vacation, vacation
replacements, sick leave, severance pay, and pay for legal holidays.
The Contractor shall also pay all Federal and state payroll taxes for
its employees.
PREVAILING WAGE
7. The Contractor shall comply with Labor Code sections 1770 et.
seq. Prevailing wage increases shall not be considered as the basis
of an agreement amendment outside of the time noted in the agreement.
COMPENSATION FOR SERVICE PROVIDED
8. Payment shall be made on a monthly basis. The Contractor shall
submit an invoice showing the amount due for the previous month. The
annual cost for all regular services (as defined in Exhibit A)
included as part of this Agreement is as follows: $24,750.00.
The above annual cost is the total amount to be paid by city for
regular services. All such payments above shall be contingent on
approval of satisfactory performance of the work stated in the
specifications. Approval of satisfactory performance shall be judged
solely by the city representative assigned to supervise this
Agreement.
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upon request by the city, contractor agrees to perform services in
addition to those regular services set forth in Exhibit A, at the
following rates: $65.00 per man-hour, with a minimum of "1" man-hours
to be billed for each callout. Invoices shall indicate the dates on
which extra work was performed and an explanation of the work that was
done.
HEALTH AND SAFETY
9. operation and maintenance of pool shall be in accordance with
Article 3, sections 65523, 65525, 65527, 65529, 65531, 65533, 65535,
65543, 65547 and 65549 of Title 22, Chapter 20 of California Health
and Safety Code.
10. Employees of the Contractor shall not wear earphones for radios
or tape players while working or utilize "boom boxes" or other
electronic devices which may disturb the public or distract from work
being performed. Contractor shall perform work in a safe manner so as
not to endanger employees of Contractor or City or the General Public.
Smoking is not allowed in city facilities.
11. All personnel shall be in good health and free from contagious
diseases. No employee drinking alcohol or under the influence of
alcohol or drugs shall be allowed on the premises or in the buildings,
nor shall any employee bring alcohol or drugs on the premises.
SECURITY
12. Contractor shall be responsible for ensuring that all doors and
gates are locked at all times when work is performed outside of
regular operating hours. Contractor shall be responsible for
reporting any property damage or vandalism to the Dublin Police
Services. Neither Contractor nor its employees shall admit any person
into the facility (including grounds) on which work under this
Agreement is being performed who is not an active employee of the
Contractor. All employees shall be required to wear identification
patches or badges which are to be furnished by the contractor.
13. Contractor will be responsible for maintaining any building or
gate keys issued to Contractor or its employees. If keys are lost,
Contractor will be responsible for all costs associated with re-keying
the facility.
PERSONNEL
14. Contractor shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its
sole discretion, at any time during the term of this Agreement,
desires the removal of any such persons, Contractor shall, upon
receiving notice from city of such desire of City, cause the removal
of such person or persons. The time periOd for removal of the
affected employee shall be at city's discretion.
15. Contractor shall provide and keep current an organizational chart
and list of all employees performing work under this Agreement.
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SUBCONTRACTORS OR ASSIGNEES
16. No performance of this Agreement, or any portion thereof, may be
assigned or subcontracted by the Contractor without the express
written consent of the Director. Any attempt by the Contractor to
assign or subcontract any part of the performance of this Agreement
without the express written consent of the Director shall be invalid
and shall constitute a breach of this Agreement. Whenever the
Contractor is authorized to subcontract or assign the terms thereof
shall incorporate by reference this Agreement and shall not conflict
with this Agreement. The city assumes no responsibility toward any
subcontractors the contractor employs in the performance of this
Agreement.
CHANGE IN OWNERSHIP
17. Contractor agrees that if there is a change in ownership prior to
completion of this Agreement, the new owners will be required under
terms of sale to assume this Agreement and complete it to the
satisfaction of the City.
INSURANCE
18. The Contractor shall furnish, prior to beginning work,
satisfactory certificates of insurance issued by the carrier. The
certificates must indicate that the following coverage will be in
effect and must be maintained throughout the duration of the contract:
a. Workers' Compensation Insurance in accordance with the
provisions of the Labor Code of the state of California.
b. Public Liability and Property Damage in not less than a
combined single limit of $1,000,000 for one or more persons
injured and property damaged in one accident. Property
Damage Insurance shall include specific protection from any
possible damage to buildings on adjoining property which may
result from the execution of this Agreement.
c. Contractual Liability: The Public Liability and Property
Damage Insurance shall also name as an additional insured
the City of Dublin and shall assume the defense of the city,
its officers, employees, and agents from all suits, actions,
sUbjected or put by reason of, or resulting from, the
Contractor's operations in the performance of this
Agreement.
The Certificates of Insurance shall note that cancellation or
reduction in coverage of the specified insurance cannot occur until
ten (10 ) days after receipt by the City of notification of such
cancellation or reduction by registered mail. If cancellation or
reduction of insurance should occur, the City may obtain like
insurance and deduct the premiums from the amounts due the Contractor
under this Agreement or may terminate the Agreement.
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LICENSES, PERMITS, ETC.
19. Contractor represents and warrants to city that he has all
licenses, permits, qualifications, and approvals of whatsoever nature
which are legally required for contractor to perform the work required
hereunder. Contractor represents and warrants to city that Contractor
shall, at his sole cost and expense, keep in effect at all times
during the term of this Agreement any licenses, permits, and approvals
which are legally required for Contractor to perform such work.
20. Contractor shall obtain and keep current a City of Dublin
Business License.
TELEPHONE CONTACT
21. If an answering machine is used by Contractor for routine contact
on working days, the Contractor shall respond to messages on the same
day that the message was left, except that messages left after 4:00
p.m. will require a response no later than 9:00 a.m. on the day
following the date the message was left.
22. For emergency purposes, the Contractor shall provide at his sole
expense a home telephone number, answering service number, telephone
beeper, or other method of receiving calls by the Supervisor on a 24-
hour, 7-day-per-week basis. This contact arranqement shall be used to
promptly address emergency situations. -
WORKING HOURS
23. Parameters for workinq hours will be determined by the city and
are subject to change. The general hours that the facility is
available to be cleaned are listed in Exhibit A. The Contractor shall
not begin work in the facility if it is occupied by members of the
public without specific permission of the Director.
24. The city observes the followinq holidays: New Year's Day, Martin
Luther King, Jr.'s Birthday, Presidents Day, Memorial Day,
Independence Day, Labor Day, Veterans' Day, Thanksgiving Day and the
following Friday, Christmas Eve and Christmas Day, and New Year's Eve.
Contractor will not provide service to on observed city holidays
except when special events are held at the facility.
SCHEDULES
25. The Contractor shall provide the city monthly with a written
maintenance schedule which includes proposed working hours. This
schedule and any adjustments must be approved in writing by the city.
REPORT OF DAMAGE
26. The Contractor shall report broken equipment, plumbing leaks, and
other facility repair needs to the Director. The Contractor shall
immediately notify Dublin Police services when vandalism or other
destruction of city property is observed inside and outside the
facility.
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USE OF CITY PROPERTY
27. Employees of the Contractor shall not use or tamper with personal
or city property. The telephones shall not be used for personal calls
or for business calls not specifically related to this contract.
FURNISHING OF SUPPLIES AND EQUIPMENT
28. The Contractor shall furnish, at the Contractor's expense, all
supplies and equipment necessary to properly perform work. These
supplies and equipment include, but are not limited to gas chlorine,
soda ash, sodium bicarb and pool test kit.
29. All supplies and materials furnished by Contractor shall be kept
in sealed, leak free, and clearly labeled containers. Labeling shall
be of a permanent type that will not wash or fade away. A set of
Material Safety Data Sheets (MSDS) for all applicable products used
shall be provided. A binder containing MSDS sheets is to be
maintained on-site. city will review MSDS sheets and products used
and reserves the right to reject specific products. city shall be
advised of any new products proposed to be used before contractor
begins using the product.
30. The city shall not be responsible for damage to or loss of
Contractor's equipment, supplies, or property left on the premises.
STANDARD OF PERFORMANCE
31. Contractor shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a
competent practitioner of the profession in which Contractor is
engaged in the geographical area in which Contractor practices his
profession. All instruments of service of whatsoever nature which
contractor delivers to City, pursuant to this Agreement, shall be
prepared in a substantial, first class, and workmanlike manner and
conform to the standards of quality normally observed by a person
practicing in contractor's profession.
INSPECTION OF WORK/FAILURE TO PERFORM
32. The Director and the Contractor shall inspect the work on a
periodic basis during the city's normal business hours at a time to be
mutually agreed upon by City and contractor. The Director shall judge
the performance of the Contractor pursuant to this Agreement. If, or
when, the work is incomplete or unsatisfactory to the City, the city
shall notify the Contractor to ensure compliance. If the work has not
been secured within one working day following notification for daily
items or five working days following notification for items performed
weekly or monthly, penalties may be assessed as noted in section 33
below.
33. When the Contractor does not provide the services specified in
Exhibit A, it is agreed that, in the event of such failure, the city
may choose one of the following options:
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a. To secure another contractor to perform the necessary
service, and to deduct the cost of this service (including labor,
materials, and city's overhead) from contractor's compensation for
regular service.
b. To secure an estimate from another contractor to perform the
necessary service and to deduct the estimated cost of this service
(including labor, materials, and city's overhead) from contractor's
compensation for regular service.
c. To estimate the cost of the necessary service based on
Contractor's quoted hourly rate for extra work and to deduct the
estimated cost of this service (including labor, materials, and city's
overhead) from Contractor's compensation for regular services.
RESOLUTION OF DISPUTES
34. Except as otherwise provided in this Agreement, any dispute
concerning a question arising under this contract which is not
disposed of by verbal agreement shall be decided by the City, which
shall reduce the decision to writing and mail or otherwise furnish a
copy to the contractor. The decision of the City shall be final and
conclusive unless, within ten (10) days from the date of receipt of
such copy, the contractor mails or furnishes to the city a written
appeal. Resolution of the appeal shall be final and binding
arbitration conducted according to the rules of the American
Arbitration Association. Each party in such arbitration shall bear
its own costs and attorney's fees and shall jointly pay the cost of
the arbitrator and court reporter. The arbitrator shall be selected
jointly by city and Contractor. The decision of the arbitrator shall
be final. pendin~ final disposition of a dispute, the contractor
shall proceed dil1gently with the performance of the contract as
written.
EXCUSED NON-PERFORMANCE
35. Contractor shall be excused from performance during the time and
to the extent that he is prevented from obtaining, delivering, or
performing in the customar~ manner by act of God; fire; strike;
partial or total interrupt10n of, or loss or shortage of
transportation facilities; lockout; commandeering of raw materials or
products, plants, or facilities by the government. Satisfactory
evidence shall be presented to the city and it shall be established
that the non-performance is not due to the fault or negligence of the
Contractor.
HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTOR
36. Contractor shall take all responsibility for the work, shall bear
all losses and damages directly or indirectly resulting to him, to any
subcontractor, to the city, to City officers and employees, or to
parties designated by the city, on account of the performance or
character of the work, unforeseen difficulties, accidents,
occurrences, or other causes predicated on active or passive
negligence of the Contractor of any subcontractor.
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Contractor shall indemnify, defend, and hold harmless the city, its
officers, officials, directors, employees, and agents from and against
any or all loss, liability, expense, claim, costs (including costs of
defense), suits, and damages of every kind, nature, and description
directly or indirectly arising from the performance of the work. This
paragraph shall not be construed to exempt the city, its employees and
officers from its own fraud, willful injury, or violation of law,
whether willful or negligent. For purposes of section 2782 of the
Civil Code, the parties hereto recognize and agree that this Agreement
is not a construction contract. By execution of this agreement,
Contractor acknowledges that he has read and understands the
provisions hereof and that this paragraph is a material element of
consideration.
Approval of the insurance contracts does not relieve the Contractor or
subcontractors from liability under this paragraph.
IN WITNESS WHEREOF the parties thereto have caused this Agreement to
be hereby executed.
CITY OF DUBLIN:
CONTRACTOR:
Mayor Pro Tempore
ATTEST:
Deputy City Clerk
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EXHIBIT A
FACILITY SPECIFICATIONS
Dublin Swim Center
8157 Village Parkway, Dublin
(adjacent to Dublin High School)
Freeform Pool Consisting of:
Diving Area (11 foot depth)
25 foot Lap Area (3 1/2 to 5 foot depth)
Kidney Shaped Shallow Area (1 1/2 to 3 1/2 foot depth)
Circular Baby Pool (1 foot depth)
Pool Square Footage: 9,263 (approximate)
Typical Hours of Operation:
Memorial Day to Labor Day:
Monday through Friday; 7:30 a.m. to 9:30 p.m.
Saturday and Sunday; 1:00 p.m. to 5:00 p.m.
Labor Day to September 30:
Saturday and Sunday; 1:00 p.m. to 5:00 p.m.
October 1 to January 30:
Closed
February 1 to Spring Break (approximately mid-April):
Monday through Friday; 2:30 p.m. to 5:30 p.m.
spring Break to Memorial Day:
Monday through Friday: 9:00 a.m. to 5:00 p.m.
(Spring Break Only)
Monday through Friday: 2:30 p.m. to 5:30 p.m.
Saturday and Sunday; 1:00 p.m. to 5:00 p.m.
POOL MAINTENANCE SPECIFICATIONS
Service Required:
Daily
Twice Weekly:
Weekly
Test Water for Chlorine and pH
Check Pool Clarity
Add/Adjust Chemicals as Needed
Check Pool Temperature
Check Pressure Gauges on Filters
Empty and Clean Skimmer Baskets
Record All Required Data in Pool Log
Notify Director of Any Problems
Vacuum/Brush (June, July and August)
Vacuum/Brush (September through May)
Backflush Filter (June, July and August)
Backflush Filter (September through May)
Monthly
Frequency:
Memorial Day to Labor Day:
Seven (7) Days Per Week
Labor Day to September 30:
Five (5) Days Per Week
October 1 to January 30:
Three (3) Days Per Week
February 1 to Memorial Day:
Five (5) Days Per Week
Hours Available for Maintenance service:
Prior to Opening Each Day