AMENDMENT NUMBER ONE (1)
TO CONTRACT MA# 106-498168
BETWEEN
CITY OF ANAHEIM
AND
HASA, INC. dba COMMERCIAL AQUATIC SERVICES
FOR
CHEMICALS AND MAINTENANCE SERVICES FOR THE PEARSON PARK POOL AND
WATER FEATURE
This Amendment Number One (1) (hereinafter referred to as “Amendment”) to Contract MA# 106- 498168 for Chemicals and Maintenance Services for the Pearson Park Pool and Water Features (Attachment A) is made and entered into between the City of Anaheim a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter City of Anaheim (hereinafter referred to as “City”) with a place of business at 200 S. Anaheim Blvd, Suite 620, Anaheim, CA 92805 (hereinafter referred to as “City”) and HASA, INC. dba COMMERCIAL AQUATIC SERVICES., with a place of business at 25152 Springfield Crt. Suite 300 Valencia, CA 91350 (hereinafter referred to as “Contractor”), with City and Contractor sometimes referred to individually as “Party” or collectively as “Parties”.
ATTACHMENTS
This Contract is comprised of this document and the following Attachments, which are attached hereto and incorporated by reference into this Contract:
Attachment A – Scope of Work and Specifications
Attachment B – Pricing, Payment and Compensation
Attachment C- Original Master Agreement
RECITALS
WHEREAS, the City of Anaheim, through its Central Purchasing Office on behalf of the Community Services Department’s Parks Division, issued a competitive solicitation, Bid #9812, for Chemicals and Maintenance Services for the Pearson Park Pool and Water Feature; and WHEREAS, City Council approved the issuance of a Contract Master Agreement on September 24, 2024, with a term effective October 1, 2024, through September 30, 2025, and four (4) optional one - year renewal periods; and
WHEREAS, the City entered Contract Master Agreement # 106- 498168 with the Contractor for the Chemicals and Maintenance Services at Pearson Park Pool and Water Feature, as further described in the Scope of Work attached hereto as Attachment A, with performance continuing through completion of all services, including applicable warranties and final acceptance by the City; and
WHEREAS, the Parties now desire to enter into Contract Amendment Number One (1) to increase the annual not -to-exceed amount from $98,591.00 to a revised annual not -to-exceed amount of $150,000.00, resulting in a total cumulative not-to-exceed amount of $750,000.00 over the full term of the Contract, including the base year and all optional renewal periods, if exercised by the City.
NOW, THEREFORE, the Parties mutually agree as follows:
.
ARTICLES
I. General Terms and Conditions:
A. Governing Law and Venue: This Contract has been negotiated and executed in the state of California and shall be governed by and construed under the laws of the state of California. In the event of any legal action to enforce or interpret this Contract, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties specifically agree to waive any and all rights to request that an action be transferred for adjudication to another County.
B. Entire Contract: This Contract contains the entire Contract between the Parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in writing. Electronic acceptance of any additional terms, conditions or supplemental Contracts by any City employee or agent, including but not limited to installers of software, shall not be valid or binding on City unless accepted in writing by City’s Purchasing Agent or designee.
C. Amendments: No alteration or variation of the terms of this Contract shall be valid unless made in writing and signed by the Parties; no oral understanding or agreement not incorporated herein shall be binding on either of the Parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in writing.
D. Taxes: Unless otherwise provided herein or by law, price quoted includes California state sales or use tax. Out-of-state Contractors shall indicate California Board of Equalization permit number and sales permit number on invoices, if California sales tax is added and collectable. If no permit numbers are shown, sales tax will be deducted from payment.
E. Delivery: Timely delivery and completion of the Chemicals and Maintenance Services for the Pearson Park Pool and Water Feature is of the essence in this Contract. City reserves the right to refuse any commodities and services and to cancel all or any part of the commodities not conforming to applicable specifications, drawings, samples or descriptions or services that do not conform to the prescribed scope of work. Acceptance of any part of the order for commodities shall not bind City to accept future shipments nor deprive it of the right to return commodities already accepted at Contractor’s expense.
Over shipments and under shipments of commodities shall be only as agreed to in writing by City. Delivery shall not be deemed to be complete until all commodities or services have been received and accepted in writing by City.
F. Acceptance Payment: Unless otherwise agreed to in writing by City, 1) acceptance shall not be deemed complete unless in writing and until all the commodities/services have actually been received, inspected, and tested to the satisfaction of City, and 2) payment shall be made in arrears after satisfactory acceptance.
G. Warranty: Contractor expressly warrants that the goods covered by this Contract are 1) free of liens or encumbrances, 2) merchantable and good for the ordinary purposes for which they are used, and 3) fit for the particular purpose for which they are intended.
Acceptance of this order shall constitute an agreement upon Contractor’s part to indemnify, defend and hold City and its indemnities as identified in Article “Z” harmless from liability, loss, damage and expense, including reasonable counsel fees, incurred or sustained by City by reason of the failure of the goods/services to conform to such warranties, faulty work performance, negligent or unlawful acts, and non-compliance with any applicable state or federal codes, ordinances, orders, or statutes, including the Occupational Safety and Health Act (OSHA) and the California Industrial Safety Act. Such remedies shall be in addition to any other remedies provided by law.
H. Patent/Copyright Materials/Proprietary Infringement: Unless otherwise expressly provided in this Contract, Contractor shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of this Contract. Contractor warrants that any software as modified through services provided hereunder will not infringe upon or violate any patent, proprietary right, or trade secret right of any third party.
Contractor agrees that, in accordance with the more specific requirement contained in paragraph “Z” below, it shall indemnify, defend and hold City and City Indemnitees harmless from any and all such claims and be responsible for payment of all costs, damages, penalties and expenses related to or arising from such claim(s), including, costs and expenses but not including attorney’s fees.
I. Assignment: The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the Parties.
Furthermore, neither the performance of this Contract nor any portion thereof may be assigned by Contractor without the express written consent of City. Any attempt by Contractor to assign the performance or any portion thereof of this Contract without the express written consent of City shall be invalid and shall constitute a breach of this Contract.
J. Non-Discrimination: In the performance of this Contract, Contractor agrees that it will comply with the requirements of Section 1735 of the California Labor Code and not engage nor permit any subcontractors to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons. Contractor acknowledges that a violation of this provision shall subject Contractor to penalties pursuant to Section 1741 of the California Labor Code.
K. Termination: In addition to any other remedies or rights it may have by law, City has the right to immediately terminate this Contract without penalty for cause or after 30 days’ written notice without cause, unless otherwise specified. Cause shall be defined as any material breach of contract, any misrepresentation or fraud on the part of Contractor.
Exercise by City of its right to terminate Contract shall relieve City of all further obligation.
L. Consent to Breach Not Waiver: No term or provision of this Contract shall be deemed waived, and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
M. Independent Contractor: Contractor shall be considered an independent contractor and neither Contractor, its employees, nor anyone working under Contractor shall be considered an agent or an employee of City. Neither Contractor, its employees nor anyone working under Contractor shall qualify for workers’ compensation or other fringe benefits of any kind through City.
N. Performance Warranty: Contractor shall warrant all work under this Contract, taking necessary steps and precautions to perform the work to City’s satisfaction . Contractor shall be responsible for the professional quality, technical assurance, timely completion, and coordination of all documentation and other commodities/services furnished by Contractor under this Contract. Contractor shall perform all work dilige ntly, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of City required in its governmental capacity, in connection with performance of the work. If permitted to subcontract, Contractor shall be fully responsible for all work performed by subcontractors.
O. Bonding and Insurance Requirements: Some procurements may require bonding and/or insurance. Specific requirements will be stated in the applicable bid documents.
In the event bonding is required, bonds shall be submitted in a form acceptable to City (samples will be included in the documents). Checks or letters of credit will not be accepted in lieu of bonding. When work will be performed on City property, City’s standard insurance requirements (shown below) will apply, unless otherwise indicated in the bid specifications.
Coverage Minimum Limits
Commercial General Liability $2,000,000 occurrence
$4,000,000 aggregate
Automobile Liability including coverage for owned,
non-owned and hired vehicles $2,0000,000 combine single limit per occurrence
Workers’ Compensation Statutory
Employers’ Liability Insurance $1,000,000 per occurrence
Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, and Independent Contractor’s Liability, in an amount not less than $2,000,000 per occurrence/$4,000,000 aggregate. Such insurance shall be written on a primary basis and may include a deductible or self-insurance retention of not more than $10,000 per occurrence or claim, provided that such deductible or SIR is disclosed to City, in writing, at the inception of this Contract and approved by the Risk Manager for City.
Commercial Automobile Liability Coverage, as required by California law, including—as applicable—owned, non-owned, and hired autos, in an amount not less than $2,000,000 per occurrence, combined single limit. Such insurance shall be written on a primary basis and may include a deductible or self-insurance retention of not more than $10,000 per occurrence or claim, provided that such deductible or SIR is disclosed to City, in writing, at the inception of this Contract and approved by the Risk Manager for City.
The Contractor is responsible for satisfaction/payment of all deductibles and Self-Insured Retentions (SIR).
Workers’ Compensation Insurance as required by California law and Employers Liability Insurance in an amount not less than $1,000,000. This requirement may be satisfied by execution
of a waiver confirming exemption from the California workers compensation statutory requirements if there are no statutory employees.
Contractor may satisfy these requirements with primary and excess/umbrella coverage subject to review and acceptance by the Risk Manager for the City.
The City’s Risk Manager is authorized to amend the requirements or approve exceptions to the above requirements as set forth herein in the event such reductions or Contractor generated exception requests or amendments as to form is/are in the City’s best interest.
Each insurance policy or certificate of insurance required by this Contract shall contain the following clauses:
“In the event of any payment under this policy, we waive our right of recovery against City of Anaheim and their respective officers, officials, and employees.”
Each insurance policy or certificate of insurance required by this Contact, excepting policies for workers’ compensation, shall contain the following clauses or endorsements:
"It is agreed that any insurance maintained by City of Anaheim shall apply in excess of, and not contribute with coverage provided by this policy."
"City of Anaheim, their officers, officials, and employees are added as additional insureds per the Insurance Services Office Inc. form endorsement known as CG 20 11 01 96 ADDITIONAL INSURED – MANAGERS OR LESSORS OF PREMISES, or, as an alternative, either an endorsement or insurance policy language which provides coverage, terms, and conditions to said additional insureds which are equal to or better than the coverage, terms, and conditions provided by the CG 20 11 01 96 endorsement.”
Any insurance required under this Contract must be written by an insurance company admitted to do business in California.
The City of Anaheim is to be named as Additional Insured. All policies shall provide for a minimum of 30 days’ written notice of any change or cancellation. Insurance policies to be in form and written through companies acceptable to City.
Insurance certificates
should state:
City of Anaheim
Attn: Central Purchasing
Office 200 S. Anaheim
Blvd Ste. 620
Anaheim, CA 92805
Email: [email protected]
P. Changes: Contractor shall make no changes in the work or perform any additional work without City’s specific written approval.
Q. Change of Ownership/Name, Litigation Status, Conflicts with City Interests:
Contractor agrees that if there is a change or transfer in ownership of Contractor’s business prior to completion of this Contract, and City agrees to an assignment of Contract, the new owners shall be required under the terms of sale or other instruments of transfer to assume Contractor’s duties and
obligations contained in this Contract and complete them to the satisfaction of City.
City reserves the right to immediately terminate Contract in the event City determines that the assignee is not qualified or is otherwise unacceptable to City for the provision of services under Contract.
In addition, Contractor has the duty to notify City in writing of any change in Contractor’s status with respect to name changes that do not require an assignment of Contract.
Contractor is also obligated to notify City in writing if Contractor becomes a party to any litigation against City, or a party to litigation that may reasonably affect Contractor’s performance under Contract, as well as any potential conflicts of interest between Contractor and City that may arise prior to or during the period of Contract performance.
While Contractor will be required to provide this information without prompting from City any time there is a change in Contractor’s name, conflict of interest or litigation status, Contractor must also provide an update to City of its status in these areas whenever requested by City.
Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with City interests. In addition to Contractor, this obligation shall apply to Contractor’s employees, agents, and subcontractors associated with the provision of goods and services provided under this Contract. Contractor’s efforts shall include, but not be limited to establishing rules and procedures preventing its employees, agents, and subcontractors from providing or offering gif ts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers in the performance of their duties.
R. Force Majeure: Contractor shall not be assessed with liquidated damages or unsatisfactory performance penalties during any delay beyond the time named for the performance of this Contract caused by any act of God, war, civil disorder, employment strike or other cause beyond its reasonable control, provided Contractor gives written notice of the cause of the delay to City within 36 hours of the start of the delay and Contractor avails himself of any available remedies.
S. Confidentiality: Contractor agrees to maintain the confidentiality of all City and City - related records and information pursuant to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term of this Contract.
All such records and information shall be considered confidential and kept confidential by Contractor and Contractor’s staff, agents and employees.
T. Compliance with Laws: Contractor represents and warrants that services to be provided under this Contract shall fully comply, at Contractor’s expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and regulations (collectively “laws”), including, but not limited to those issued by City in its governmental capacity and all other laws applicable to the services at the time services are provided to and accepted by City.
Contractor acknowledges that City is relying on Contractor to ensure such compliance, and pursuant to the requirements of paragraph “Z” below, Contractor agrees that it shall defend, indemnify and hold City and City Indemnitees harmless from all liability, damages, costs and expenses arising from or related to a violation of such laws.
U. Freight: Prior to City’s express acceptance of delivery of products. Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under Contract.
V. Severability: If any term, covenant, condition or provision of this Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.
W. Attorney Fees: In any action or proceeding to enforce or interpret any provision of this Contract, each Party shall bear their own attorney’s fees, costs and expenses.
X. Interpretation: This Contract has been negotiated at arm’s length and between persons sophisticated and knowledgeable in the matters dealt with in this Contract. In addition, each Party had been represented by experienced and knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel despite being encouraged and given the opportunity to do so. Each Party further acknowledges that they have not been influenced to any extent whatsoever in executing this Contract by any other party hereto or by any person representing them, or both. Accordingly, any rule or law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Contract against the Party that has drafted it is not applicable and is waived. The provisions of this Contract shall be interpreted in a reasonable manner to affect the purpose of the Parties and this Contract.
Y. Employee Eligibility Verification: Contractor warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Contract meet the citizenship or alien status requirement set forth in Federal statutes and regulations. Contractor shall obtain from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by Federal or State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter amended. Contractor shall retain all such documentation for all covered employees for the period prescribed by the law. Contractor shall indemnify, defend with counsel approved in writing by City, and hold harmless, City, its agents, officers, and employees from employer sanctions and any other liability which may be assessed against Contractor or City or both in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this Contract.
Z. Hold Harmless and Indemnification: Contractor agrees to indemnify, defend and hold harmless the City (including its officers and employees) from and against any and all claims of any kind or nature presented against the City arising out of Contractor’s (including Contractor’s employees, representatives, products, and subcontractors) performance under any purchase order or agreement, excepting only such claims, costs, or liability arising out of the sole negligence of the City.
The obligations set forth in this indemnification provision (i) shall be in effect without regard to whether the City, Contractor, or any other person or entity maintains or fails to maintain insurance coverage or a self-insurance program, for any such Claim(s); and (ii) shall survive the termination of this Contract.
AA. Audits/Inspections: Contractor agrees to permit the City’s authorized representative (including auditors from a private auditing firm hired by City) access during normal working hours to all books, accounts, records, reports, files, financial records, supporting documentation, including payroll and accounts payable/receivable records, and other papers or property of Contractor for the purpose of auditing or inspecting any aspect of performance under this Contract. The inspection and/or audit will be confine d to those matters connected with the performance of Contract including, but not limited to, the costs of administering Contract. City will provide reasonable notice of such an audit or inspection. City reserves the right to audit and verify Contractor’s records before final payment is made.
Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated under this Contract or by
law. Contractor agrees to allow interviews of any employees or others who might reasonably have information related to such records. Further, Contractor agrees to include a similar right to City to audit records and interview staff of any subcontractor related to performance of this Contract.
Should Contractor cease to exist as a legal entity, Contractor’s records pertaining to this Contract shall be forwarded to City’s project manager.
BB. Contingency of Funds: Contractor acknowledges that funding or portions of funding for this Contract may be contingent upon budget approval for each fiscal year covered by this Contract. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate or modify this Contract without penalty.
CC. California Public Records Act : Contractor and City agree and acknowledge that all information and documents related to the award and performance of this Contract may be subject to disclosure pursuant to the California Public Records Act, California Government Code Section 7920.000 et seq. Contractor shall not respond to any California Public Records Act request directed at City; all responses shall be handled by City.
Additional Terms and Conditions:
1. Scope of Contract: This Contract specifies contractual terms and conditions by which City will procure Chemicals and Maintenance Services from the Contractor as further detailed in the Scope of Work, identified and incorporated herein by this reference as “Attachment A”.
2. Term of Contract: This Contract shall remain in effect for a one (1) year period, unless otherwise terminated by the City. The term may be extended if renewal periods are exercised by the City. Services shall continue in accordance with the Scope of Work, including any applicable warranty obligations, for the duration of the Contract term.
3. Adjustments – Scope of Work: No adjustments made to the Scope of Work will be authorized without prior written approval of the Purchasing Agent or designee.
4. Bills and Liens: Contractor shall pay promptly all indebtedness for labor, materials and equipment used in performance of the work. Contractor shall not permit any lien or charge to attach to the work or the premises, but if any does so attach, Contractor shall promptly procure its release and, in accordance with the requirements of paragraph “Z” above, indemnify, defend, and hold City harmless and be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related thereto.
5. Changes in Specifications: No changes shall be made in the specifications unless authorized by the City. The City shall have the right to make reasonable changes at any time, if not cost is associated with those changes, including drawings that are a part thereof or made a part thereof by reason of the changes.
6. Civil Rights: Contractor attests that services provided shall be in accordance with the provisions of Title VI and Title VII of the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975 as amended; Title II of the Americans with Disabilities Act of 1990, and other applicable State and federal laws and regulations prohibiting discrimination on the basis of race, color, national origin, ethnic group identification, age, religion, marital status, sex or disability.
7. Americans with Disabilities Act (ADA): Section 504 of the Rehabilitation Act of 1973 as amended; Title VI and VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act, 42 USC 12101; California Code of Regulations, Title 2, Title 22:
California Government Code, Sections 11135, et seq; and other federal and state laws and executive orders prohibit discrimination. All programs, activities, employment opportunities, and services must be made available to all persons, including persons with disabilities.
8. Authorization Warranty: The Contractor represents and warrants that the person executing this Contract on behalf of and for the Contractor is an authorized agent who has actual authority to bind the Contractor to each and every term, condition and obligation of this Contract and that all requirements of the Contractor have been fulfilled to provide such actual authority.
9. Breach of Contract: The failure of Contractor to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event City may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:
a. Terminate Contract immediately, pursuant to Article K herein; and
b. Afford Contractor written notice of the breach and ten (10) calendar days or such shorter time that may be specified in this Contract within which to cure the breach; and
c. Discontinue payment to the Contactor for and during the period in which Contractor is in breach; and
d. Offset against any monies billed by Contractor but unpaid by City those monies disallowed pursuant to the above.
10. Conflict of Interest – Contractor’s Personnel: Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of City. This obligation shall apply to Contractor; Contractor’s employees, agents, and subcontractors associated with accomplishing work and services hereunder.
Contractor’s efforts shall include, but not be limited to establishing precautions to prevent its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of City.
11. Conflict of Interest – City Personnel: City Council policy prohibits its employees from engaging in activities involving a conflict of interest. Contractor shall not, during the period of this Contract, employ any City employee for any purpose.
12. Contractor’s Project Manager and Key Personnel: Contractor shall appoint a Project Manager to direct Contractor’s efforts in fulfilling Contractor’s obligations under this Contract. This Project Manager shall be subject to approval by City and shall not be changed without the written consent of City’s Project Manager, which consent shall not be unreasonably withheld.
Contractor’s Project Manager shall be assigned to this project for the duration of Contract and shall diligently pursue all work and services to meet the project timelines. City’s Project Manager shall have the right to require the removal and replacement of Contractor’s Project Manager from providing services to City under this Contract. City’s Project Manager shall notify Contractor in writing of such action. Contractor shall accomplish the removal within five (5) business days after written notice by City’s Project Manager. City’s Project Manager shall review and approve the appointment of the replacement for Contractor’s Project Manager. City is not required to provide any additional information, reason or rationale in the event it requires the removal of Contractor’s Project Manager from providing further services under Contract.
13. Contractor’s Records: Contractor shall keep true and accurate accounts, records, books and data which shall correctly reflect the business transacted by Contractor in accordance with generally accepted accounting principles. These records shall be stored for a period of three (3) years after final payment is received from City.
14. Contractor Work Hours and Safety Standards: The Contractor shall ensure compliance with all safety and hourly requirements for employees in accordance with federal, state, and City’s safety regulations and laws.
15. Conditions Affecting Work: Contractor shall be responsible for taking all steps reasonably necessary to ascertain the nature and location of the work to be performed under this Contract and to know the general conditions which can affect the work or the cost thereof. Any failure by Contractor to do so will not relieve Contractor from responsibility for successfully performing the work without additional cost to City. City assumes no responsibility for any understanding or representations concerning the nature, location(s) or general conditions made by any of its officers or agents prior to the execution of this Contract, unless such understanding or representations by City are expressly stated in Contract.
16. Data – Title To: All materials, documents, data or information obtained from City data files or any City medium furnished to Contractor in the performance of this Contract will at all times remain the property of City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Contract without the express written consent of City. All materials, documents, data or information, including copies, must be returned to City at the end of this Contract.
17. Default – Re-Procurement Costs: In case of Contract breach by Contractor, resulting in termination by City, City may procure the commodities and services from other sources. If the cost for those commodities and services is higher than under the terms of the existing Contract, Contractor will be responsible for paying City the difference between Contract cost and the price paid, and City may deduct this cost from any unpaid balance due Contractor. The price paid by City shall be the prevailing market price at the time such purchase is made. This is in addition to any other remedies available under this Contract and under law.
18. Defective Materials: Any materials not conforming to the requirements of the Specifications in Attachment A – Scope of Work and Specifications shall be considered defective. All such materials, whether in place or not, shall be immediately removed from the site of the work. Any defective materials delivered or installed shall be removed by the City and all costs of removal and replacement shall be deducted from any amounts due or to become due do the Contractor. No rejected materials, the defects of which have been subsequently corrected, shall be used.
19. Disputes – Contract: The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Project Manager and the City‘s Project Manager, as specified in Article 25 “Notices”, such matter shall be brought to the attention of the City Purchasing Agent by way of the following process:
a. The Contractor shall submit to the Purchasing Agent a written demand for a final
decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless City, on its own initiative, has already rendered such a final decision.
b. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to Contract, Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects Contract adjustment for which Contractor believes City is liable.
Pending the final resolution of any dispute arising under, related to, or involving this Contract, Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of commodities and/or provision of services.
Contractor’s failure to diligently proceed shall be considered a material breach of this Contract.
Any final decision of City shall be expressly identified as such, shall be in writing, and shall be signed by City Purchasing Agent or his designee. If City fails to render a decision within 90 days after receipt of Contractor’s demand, it shall be deemed a final decision adverse to Contractor’s contentions. Nothing in this section shall be construed as affecting City’s right to terminate Contract for cause or termination for convenience as stated in Article K herein.
20. Drug-Free Workplace: Contractor hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. Contractor will:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a)(1).
b. Establish a drug-free awareness program as required by Government Code Section 8355(a)(2) to inform employees about all of the following:
i. The dangers of drug abuse in the workplace; and
ii. The organization’s policy of maintaining a drug-free workplace; and iii. Any available counseling, rehabilitation and employee assistance programs; and iv. Penalties that may be imposed upon employees for drug abuse violations. c. Provide as required by Government Code Section 8355(a)(3) that every employee who works under this Contract:
i. Will receive a copy of the company’s drug-free policy statement; and ii. Will agree to abide by the terms of the company’s statement as a condition of employment under this Contract.
d. Failure to comply with these requirements may result in suspension of payments under Contract or termination of Contract or both, and Contractor may be ineligible for award of any future City contracts if City determines that any of the following has occurred:
i. Contractor has made false certification, or
ii. Contractor violates the certification by failing to carry out the requirements as noted above.
21. Emergency/Declared Disaster Requirements: In the event of an emergency or if the City of Anaheim is declared a disaster area by city, county, state or federal government, Contract may be subjected to unusual usage. Contractor shall service City during such an emergency or declared disaster under the same terms and conditions that apply during non- emergency/disaster conditions. The pricing quoted by Contractor shall apply to serving City’s needs regardless of the circumstances. If Contractor is unable to supply the goods/services under the terms of Contract, then Contractor shall provide proof of such disruption and a copy of the invoice for the goods/services from Contractor’s supplier(s).
Additional profit margin as a result of supplying goods/services during an emergency or a declared disaster shall not be permitted. In the event of an emergency or declared disaster, emergency purchase order numbers will be assigned. All applicable invoices from Contractor shall show both the emergency purchase order number and Contract number.
22. Errors and Omissions: All reports, files and other documents prepared and submitted by Contractor shall be complete and shall be carefully checked by the professional(s) identified by Contractor as Project Manager and key personnel attached hereto, prior to submission to the City. Contractor agrees that City review is discretionary, and Contractor shall not assume that the City will discover errors and/or omissions. If the City discovers any errors or omissions prior to approving Contractor’s reports, files and other written documents, the reports, files or documents will be returned to Contractor for correction.
Should the City or others discover errors or omissions in the reports, files or other written documents submitted by the Contractor after City approval thereof, City approval of Contractor’s reports, files or documents shall not be used as a defense by Contractor in any action between the City and Contractor, and the reports, files or documents will be returned to Contractor for correction.
23. Equal Employment Opportunity: Contractor shall comply with U.S. Executive Order 11246 entitled, “Equal Employment Opportunity” as amended by Executive Order 11375 and as supplemented in Department of Labor regulations (41 CFR, Part 60) and applicable state of California regulations as may now exist or be amended in the future. Contractor shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, ancestry, religion, sex, marital status, political affiliation or physical or mental condition.
Regarding handicapped persons, Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. Contractor agrees to provide equal opportunity to handicapped persons in employment or in advancement in employment or otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicaps in all employment practices such as the following: employment, upgrading, promotions, transfers, recruitments, advertising, layoffs, terminations, rate of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor agrees to comply with the provisions of Sections 503 and 504 of the Rehabilitation Act of 1973, as amended, pertaining to prohibition of discrimination against qua lified handicapped persons in all programs and/or activities as detailed in regulations signed by the Secretary of the Department of Health and
Human Services effective June 3, 1977, and found in the Federal Register, Volume 42, No. 68 dated May 4, 1977, as may now exist or be amended in the future.
Regarding Americans with disabilities, Contractor agrees to comply with applicable provisions of Title 1 of the Americans with Disabilities Act enacted in 1990 as may now exist or be amended in the future.
24. Headings: The various headings and numbers herein, the grouping of provisions of this Contract into separate clauses and paragraphs, and the organization hereof are for the purpose of convenience only and shall not limit or otherwise affect the meaning hereof.
25. Liquidated Damages : In the event the Contractor fails to provide Chemicals and Maintenance Services for the Pearson Park Pool and Water Feature or any portion thereof by the delivery dates as specified in the Contract or any agreed -upon amendment, the Contractor shall be liable for liquidated damages as outlined in Attachment A , Table:
Liquidated Damages.
26. News/Information Release: Contractor agrees that it will not issue any news releases in connection with either the award of this Contract or any subsequent amendment of or effort under this Contract without first obtaining review and written approval of said news releases from City through City’s Project Manager.
27. Notices: Any and all notices, requests, demands, and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing with a copy provided to the Assigned Buyer, except through the course of the Parties’ Project Managers’ routine exchange of information and cooperation during the terms of the work and services. Any written communications shall be deemed to have been duly given upon actual in-person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four (4) calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate Party at the address stated herein or such other address as the Parties hereto may designate by written notice from time to time in the manner aforesaid.
Contractor: Hasa, Inc. dba Commercial Aquatic Services
Attn: Phil Flores
25132 Springfield Crt. Suite 300
Valencia, CA 91355
Telephone: (661)749-3698
Email: [email protected]
Contractor: Community Services/Parks Division
Attn: Steve Ballard
200 S Anaheim Blvd. 4th Floor
Anaheim, CA 92805
Assigned Buyer: City of Anaheim/ Central Purchasing Office Attn: Ariana Hernandez,
Buyer II 200 S. Anaheim
Blvd. Suite 620
Anaheim, CA 92805
Telephone: (714) 765-4543
Email: [email protected]
With a Copy To: City Clerk
City of Anaheim
200 S. Anaheim Blvd, 2nd
Floor Anaheim, CA 92805
28. Order Dates: Orders may be placed during the term of the Contract even if delivery may not be made until after the term of the Contract. The Contractor must clearly identify the order date on all invoices to City and the order date must precede the expiration date of the Contract.
29. Ownership of Documents: City has permanent ownership of all directly connected and derivative materials produced under this Contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remain the sole property of the City and may be used by the City as it may require without additional cost to the City. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City.
30. Permits and Licenses: Contractor shall be required to obtain any and all approvals, permits and/or licenses which may be required in connection with the permitted operation as set out herein. No permit approval or consent given hereunder by City in its governmental capacity shall affect or limit Contractor’s obligations hereunder, nor shall any approvals or consents given by City as a party to this Contract, be deemed approval as to compliance or conformance with applicable governmental codes, laws, ordinances, rules, or regulations.
31. Precedence: Contract documents consist of this Contract and its exhibits and attachments.
In the event of a conflict between or among Contract documents, the order of precedence shall be the provisions of the main body of this Contract, i.e., those provisions set forth in the recitals and articles of this Contract, and then the exhibits and attachments.
32. Prevailing Wage (as applicable):
a. Prevailing Wage (Labor Code §1773): Pursuant to the provisions of Section 1773 et seq. of the California Labor Code, Contractor shall comply with the general prevailing rates of per diem wages and the general prevailing rates for holiday and overtime wages in this locality for each craft, classification, or type of worker needed to execute Contract. The rates are available from the Director of the Department of Industrial Relations at the following website:
http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm.
Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates. Contractor shall comply with the provisions of Sections 1775 and 1813 of the Labor Code.
b. Labor Code Requirements: Contractor and all Subcontractors shall comply with all applicable requirements of the Labor Code throughout the performance of Contract, including but not limited to the following:
c. Labor Code Notice: Contractor and all Subcontractors must comply with the requirements of Labor Code Section 1771.1(a), pertaining to registration of contractors pursuant to Section 1725.5. Bids cannot be accepted from unregistered contractors except as provided
in Section 1771.1. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. After award of the Contract, Contractor and each Subcontractor shall furnish electronic payroll records directly to the Labor Commissioner in the manner specified in Labor Code Section 1771.4.
d. Threshold Requirements for Prevailing Wages: Except for public works projects of one thousand dollars ($1,000) or less, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in this chapter, shall be paid to all workers employed on public works.
e. Wage Rates: Contractor shall post a copy of the wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the Board of Supervisors has obtained the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. These rates are on file with the Clerk of the Board of Supervisors. Copies may be obtained at cost at the office of OC Community Resources/ OC Parks or visit the website of the Department of Industrial Relations, Prevailing Wage Unit at www.dir.ca.gov/DLSR/PWD. The Contractor shall comply with the provisions of Sections 1774, 1775, 1776 and 1813 of the Labor Code.
f. Apprenticeship Requirements: The Contractor shall comply with Section 230.1(A), California Code of Regulations as required by the Department of Industrial Relations, Division of Apprenticeship Standards by submitting DAS Form to the Joint Apprenticeship Committee of the craft or trade in the area of the site.
g. Registration of Contractor: All contractors and subcontractors must comply with the requirements of Labor Code Section 1771.1(a), pertaining to registration of contractors pursuant to Section 1725.5. Bids cannot be accepted from unregistered contractors except as provided in Section 1771.1. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. After award of the contract, Contractor and each Subcontractor shall furnish electronic payroll records direct ly to the Labor Commissioner in the manner specified in Labor Code Section 1771.4.
Prevailing Wage and DIR Requirement: Awarding agencies are not required to submit the notice of contract award through DIR’s PWC -100 system on projects that fall within the small project exemption. The small project exemption applies for all public works projects that do not exceed:
• $25,000 for new construction, alteration, installation, demolition or repair • $15,000 for maintenance
If the project meets or exceeds these amounts, the City and the Contractor are required to register the project with the California Department of Industrial Relations.
h. Payroll Records: Contractor and any Subcontractor(s) shall comply with the requirements of Labor Code Section 1776. Such compliance includes the obligation to furnish the records specified in Section 1776 directly to the Labor Commissioner in an electronic
format, or other format as specified by the Commissioner, in the manner provided by Labor Code Section 1771.4.
The requirements of Labor Code Section 1776 provide, in summary:
i. Contractor and any Subcontractor(s) performing any portion of the work under this Contract shall keep an accurate record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor or any Subcontractor(s) in connection with the work.
ii. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
1. The information contained in the payroll record is true and correct.
2. The employer has complied with the requirements of Labor Code Sections 1771, 1811, and 1815 for any work performed by his or her employees in connection with the Contract.
iii. The payroll records shall be certified and shall be available for inspection at the principal office of Contractor on the basis set forth in Labor Code Section 1776.
iv. Contractor shall inform City of the location of the payroll records, including the street address, city and county, and shall, within five (5) working days, provide a notice of any change of location and address of the records.
v. Pursuant to Labor Code Section 1776, Contractor and any Subcontractor(s) shall have ten (10) days in which to provide a certified copy of the payroll records subsequent to receipt of a written notice requesting the records described herein. In the event that Contractor or any Subcontractor fails to comply within the ten
(10) day period, he or she shall, as a penalty to City, forfeit one hundred dollars ($100), or a higher amount as provided by Section 1776, for each calendar day, or portion thereof, for each worker to whom the noncompliance pertains, until strict compliance is effectuated. Contractor acknowledges that, without limitation as to other remedies of enforcement available to City, upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement of the California Department of Industrial Relations, such penalties shall be withheld from progress payments then due Contractor.
Contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section. vi. Contractor and any Subcontractor(s) shall comply with the provisions of Labor Code Sections 1771 et seq., and shall pay workers employed on the Contract not less than the general prevailing rates of per diem wages and holiday and overtime wages as determined by the Director of Industrial Relations. Contractor shall post a copy of these wage rates at the job site for each craft, classification, or type of worker needed in the performance of this Contract, as well as any additional job site notices required by Labor Code Section 1771.4(b). Copies of these rates are on file at the principal office of City’s representative, or may be obtained from the State Office, Department of Industrial Relations (“DIR”) or from the DIR’s website at www.dir.ca.gov. If the Contract is federally funded, Contractor and any
Subcontractor(s) shall not pay less than the higher of these rates or the rates determined by the United States Department of Labor.
Work Hour Penalty: Eight (8) hours of labor constitute a legal day's work, and forty hours constitute a legal week's work. Pursuant to Section 1813 of the Labor Code of the State of California, the Contractor shall forfeit to the City Twenty Five Dollars ($25) for each worker employed in the execution of this Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than the legal day's or week's work, except that work performed by employees of said Contractor and subcontractors in excess of the legal limit shall be permitted without the foregoing penalty upon the payment of compensation to the workers for all hours worked in excess of eight (8) hours per day of not less than 1- 1/2 times the basic rate of pay.
Wage Rate Penalty: Contractor and any Subcontractor(s) shall comply with the provisions of Labor Code Section 1775. Contractor and any Subcontractor(s) shall be subject to a penalty in an amount up to $200, or a higher amount as provided by Section 1775, for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates for any work done by Contractor or Subcontractor(s) under Contract.
Apprentices: The Contractor acknowledges and agrees that, if this Contract involves a dollar amount greater than or a number of working days greater than that specified in Labor Code Section 1777.5, this Contract is governed by the provisions of Labor Code Section 1777.5. It shall be the responsibility of the Contractor to ensure compliance with this Article and with Labor Code Section 1777.5 for all apprenticeable occupations.
Pursuant to Labor Code Section 1777.5 if that Section applies to this Contract as indicated above, the Contractor and any subcontractors under him employing workers in any apprenticeable craft or trade in performing any work under this Contract shall apply to the applicable joint apprenticeship committee for a certificate approving the Contractor or subcontractor under the applicable apprenticeship standards and fixing the ratio of apprentices to journeymen employed in performing the work.
Pursuant to Labor Code Section 1777.5 if that Section applies to this Contract as indicated above, the Contractor and any subcontractor under him may be required to make contributions to the apprenticeship program.
The Contractor and all subcontractors under him shall comply with Labor Code Section 1777.6 which Section forbids certain discriminatory practices in the employment of apprentices.
33. Service Review and Acceptance: Deficient services will be rejected, and the Contractor will be required to make the necessary service corrections to the City’s satisfaction. It shall be the Contractor’s responsibility to address any deficiencies, implement required corrections, and deliver services at no additional cost to the City.
34. Safety Data Sheets (SDS): The Contractor is required to provide a completed Safety Data Sheet (SDS) for each hazardous substance provided to the City under this Contract. This includes hazardous substances that are not directly included in the Contract but are included in the services provided by the Contractor to the City. The provision of the SDSs must be in accordance with the requirements of California Labor Code Sections 6380 through 6399, General Industry Safety Order Section 5194, and Title 8, California Code of Regulations. The SDSs for each substance must be sent to the place of shipment or provision of service.
35. Substitutions: The Contractor is required to meet all specifications and requirements contained herein. No substitutions will be accepted without prior City written approval.
36. Usage: No guarantee is given by City to Contractor regarding usage of this Contract. Usage figures, if provided, are approximations. Contractor agrees to supply services and/or commodities requested, as needed by City of Anaheim, at rates/prices listed in Contract, regardless of quantity requested.
Signature Page Follows
CONTRACT SIGNATURE PAGE
IN WITNESS WHEREOF, the Parties hereto have executed this Contract on the date following their respective signatures.
DATE OF EXECUTION:
________________________
CITY OF ANAHEIM
a municipal corporation
By: _________________________________
DEBBIE A. MORENO
FINANCE DIRECTOR/ CITY TREASURER
DATE OF EXECUTION:
_________________________
HASA, INC. DBA COMMERCIAL AQUATIC
SERVICES*
By: _________________________________
Title: ________________________________
Printed Name: _________________________
DATE OF EXECUTION:
_________________________
HASA, INC. DBA COMMERCIAL AQUATIC
SERVICES*
By: _________________________________
Title: ________________________________
Printed Name: _________________________
ATTEST:
By: _________________________
THERESA BASS, CITY CLERK
APPROVED AS TO FORM:
ROBERT FABELA, CITY ATTORNEY
By: _________________________________
Title: ________________________________
Printed Name: _________________________
Date: ________________________________
*If the contracting party is a corporation, (2) two signatures are required: one (1) signature by the Chairman of the Board, the President or any Vice President; and one (1) signature by the Secretary, any Assistant Secretary, the Chief Financial Officer or any Assistant Treasurer. The signature of one person alone is sufficient to bind a corporation, as long as he or she holds corporate offices in each of the two categories described above. For City purposes, proof of such dual office holding will be satisfied by having the individual sign the instrument twice, each time indicating his or her office that qualifies under the above -described provision. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution demonstrating the legal authority of the signee to bind the corporation.
ATTACHMENT A
SCOPE OF WORK AND SPECIFICATIONS
I. GENERAL INFORMATION
The City of Anaheim is comprised of 13 departments and over 3,200 employees throughout the City.
The City’s core businesses are public safety, public utilities, public works, housing and community development, community services, and economic development.
The Contractor shall provide chemicals and maintenance services for the Pearson Park Pool and Water Feature in accordance with the specifications attached hereto. All labor, preparation, materials, supplies, parts, tools, equipment, and any other resources necessary to perform and complete the required work shall be furnished at the Contractor’s sole expense.
The City shall have the right to make reasonable changes at any time, if not cost is associated with those changes, to the aforesaid specifications including drawings that are a part thereof or made a part thereof by reason of the changes. No changes shall be made to the specifications unless authorized by the City in writing.
II. CONTRACTOR REQUIREMENTS
This project involves the provision of Chemicals and Maintenance Services for the Pearson Park Pool and Water Feature. Services include the delivery and application of pool treatment chemicals, regular maintenance and servicing of filtration and circulation systems, and monitoring water quality to ensure compliance with health and safety standards. The C ontractor will be responsible for maintaining operational readiness of the pool and water feature throughout the service term.
A. Licensing and Certification Requirements:
1. Contractor is required to maintain a C-53 Swimming Pool or C-61 & D-35 Pool and Spa Maintenance. A sub-contractor may be utilized upon written approval of the Purchasing Agent.
2. A Certified Pool Operator (CPO) certificate issued by the National Swimming Pool Foundation (NSPF) is required and must be maintained for the duration of the contract.
III. G
ENERAL REQUIREMENTS
A. Legal and Best Practice Requirements
1. Be self-informed, abide by, and comply with all, current and applicable, local, county, state, federal or other legal requirements and best practices at all times.
2. Do not cause, allow to be caused, or permit the continuance of any violation of any legal requirements or best management practices.
3. Be responsible and bear all associated costs should any work be performed in contrary to any laws, ordinances, codes, rules, or regulations.
B. Environmental Requirements
1. Be Comply with all applicable local, state, federal regulations and requirements.
2. Transport, store, apply, and dispose of all hazardous materials as required by law.
3. Supply, if necessary, a trash container, for non-hazardous materials only.
4. Remove from the work site and properly dispose of all spent materials, hazardous materials, debris, and the like on a daily basis. Do NOT accumulate waste materials unless City Project Manager (CPM) otherwise allows.
5. Do not reuse any removed materials unless CPM so authorizes.
6. Abide by and comply with all local sound control and noise level rule, regulations, and ordinances.
7. Be especially sensitive when conducting any operations or work prior to 7:00 am or after 10:00 pm.
8. Provide dust control measures when dust is expected to be generated.
9. Coordinate with CPM regarding special consideration as permits may be required.
10. Contain, containerize where applicable and minimize or eliminate waste, spills, residues, hazardous materials and fumes at the jobsite; minimize or eliminate the migration of same from the job site to street, drainage facilities or adjoining property by wind or runoff.
11. Perform all applicable requirements of the work in conformance with all applicable Clean Water Act related requirements (commonly known as NPDES regulations). These requirements include but are not limited to adherence to the following:
a) California Storm Water Quality Association’s Storm Water Best Management Practice Handbook (Construction and Municipal). Particular attention shall be paid to those BMP’s which address activities that will be performed under this contract, which include but are not limited to the following: NS-1, NS-2, NS-7 and SC-11, SC-30, SC- 41, SC -43, SC -70, SC -71, SC -73, SC -74, SC -75. (Contact http:www.cabmphandbooks.com for documents)
b) Anaheim Municipal Code Section 10.09 (in particular, no polluted discharge shall be allowed to reach or shall be washed to the street or storm drains system including the following: sidewalk or street wash -water, landscape materials or related debris, trash or litter, street sweeping debris or water).
c) Other applicable State and Federal Water Quality Regulations.
C. Damages
1. Protect materials, products, and facilities against damage at all times during work performance.
2. Make repairs, at Contractor’s sole expense, for Contractor-attributed damages within 24 hours of the damage occurrence; contractor’s failure to make repairs with time allowance, may cause City to affect repairs and charge back. Contractor or deduct from invoices due, the repair costs, plus an administrative charge not to exceed 15%.
D. Safety and Protection
1. Provide all MSDS/SDS for all hazardous materials used in conjunction with this project.
Ensure all safety equipment and materials are station nearby to handle hazardous spills, human exposure, etc.
2. Ensure that all employees and all equipment are always operating in the safest possible ways including but not limited to personal protective equipment.
3. Immediately report any and all safety concerns, incidents or accidents to CPM.
4. Ensure that there are an adequate number of personnel to coordinate all safety concerns.
5. Exercise all necessary and reasonable precautions regarding safety of persons and property in performance of the contract requirements and while on site.
6. Note that it is the contractor’s responsibility to be fully self-informed regarding all legal and industry standard requirements regarding all applicable safety requirements as promulgated.
7. Ensure that all appropriate measures are taken to fully protect all persons, life, property, the environment, and adjacent areas before, during and after work including that are in, near, or within possible sphere that could be affected by work.
E. Special Safety Requirements- General
1. Contractor is informed pursuant to and must comply with the City of Anaheim’s Confined Space Program and Cal/OSHA Title 8, Section 5157 requirements.
2. Provide a copy of the Contractor’s Confined Space Entry Program that meets or betters the requirement of Cal/OSHA. Each sump is a Permit-Required Confined Space.
3. Inform the CPM, immediately, of any present or potentially hazardous conditions that are observed at the work site, especially regarding the vaults/sumps.
4. A permit -required confined space is one that has one or more of the following characteristics:
a) Contains or has the potential to contain a hazardous atmosphere; b) Contains a material that has the potential for engulfing an entrant; c) Has an internal configuration such that an entrant could be trapped or asphyxiated by inwardly converging walls or by a floor which slopes downward and tapers to a smaller cross-sections;
d) Contains any other recognized serious safety or health hazard. e) Both vaults require a two men crew and a Confine Space Permit
5. Confined Space:
a) The three sumps located in the chemical/pump room are Permit Required Confined Spaces areas which have a restricted means of access through a fixed ladder, it also has the potential to become an engulfment hazard should it begin filling with water.
b) Permit Required Confined Space entry procedures must be followed when entering these spaces.
6. Sump Information
a) Sump 1: (see exhibit #1)
b) This sump contains a pump basket that is the responsibility of the Contractor to routinely empty as needed on a minimum weekly basis.
c) Sump 2: (see exhibit #2)
d) Entry into this sump is not part of the Contractor’s routine duties. Duties concerning this sump is normally the duty of the City Public Works -Facility Maintenance staff.
e) Sump 3: (see exhibit #3)
f) Entry into this sump is not part of the Contractor’s routine duties. Duties concerning this sump is normally the duty of the City Public Works -Facility Maintenance staff.
F. Security
1. Provide temporary security measures for the work site, to secure all equipment and materials and discourage theft, vandalism, and unauthorized entry by public.
2. Do not admit anyone into the designated work areas who are not an employee of City, Contractor, or subcontractor.
3. Turn off all inside lights, if working inside, except emergency lights, at the end of the working day.
4. Wear identification at all times, which shall be furnished by Contractor.
G. Subcontractors
1. Be solely responsible for any and all actions performed by Contractor and subcontractor workers.
2. Do not subcontract any work not listed in the Subcontractors List (attached) unless Purchasing Agent authorizes otherwise. All subcontracting must be done according to the laws of the State of California.
H. Orders, Delivering, Staging, Removing of Materials and Equipment
1. Store only the materials and equipment on-site that CPM has authorized.
2. Remove, from City facilities, all materials, tools, and equipment immediately after completion of work unless CPM has authorized otherwise.
3. No minimum order quantities.
4. Do not backorder unless authorized by CPM.
5. Orders must ship FOB destination
I. Reports and Notifications
1. Provide monthly reports detailing the condition of the pool, water feature, and all related equipment.
2. Contractor must Report any system failures immediately upon discovery.
J. Liquidated Damages
1. Liquidated damages may be in addition to other assessments stated elsewhere in the bid documentation.
2. Failure to respond in the required Response Times or the occurrence of a violation will result in liquidated damages as follows:
Table: Liquidated Damages
LN VIOLATION Amount
1 Emergency response $250.00 per occurrence
2 Urgent or Rush response $150.00 per occurrence
3 Required Work: missed or late
(other than above)
$100.00 per occurrence
4 Safety violation $500.00 per occurrence
5 Damage violation $500.00 per occurrence
6 Confined Space violation $1000.00 per occurrence
K. Holidays
1. Work that falls during holidays must still be performed by Contractor and is not subject to any premium (overtime, etc.) rates.
Table: Holidays
LN DATE EVENT
1 January 1 New Year’s Day
2 Third Monday in January Martin Luther King’s Birthday 3 Third Monday in February President’s Day
4 Last Monday in May Memorial Day
5 July 4 Independence Day
6 First Monday in September Labor Day
7 November 11 Veteran’s Day
8 Fourth Thursday in November Thanksgiving Day
9 Friday after Thanksgiving
10 December 25 Christmas Day
L. Labor Rate, Days, and Hours
1. Rates apply per the day and hours below regardless of Contractor’s normal hours of operation (only for City-required extra work beyond original SOW).
Table: Labor Rate, Days, and Hours
LN DESCRIPTION DAYS HOURS
1 LABOR: REGULAR TIME M, T, W, Th, F 6:00 AM TO 3:00 PM 2 LABOR: OVERTIME M, T, W, Th, F 3:00 AM TO 6:00 AM
M, T, W, Th, F 3:00 PM TO 7:00 PM
Sa 6:00 AM TO 3:00 PM
3 LABOR: DOUBLE-TIME M, T, W, Th, F 7:00 PM TO 3:00 AM
Sa 3:00 PM TO 6:00 AM
Su, holidays ALL DAY
IV. SCOPE OF WORK
A. Overview
1. Use only new OEM or parts that meet or better OEM specifications for the work.
2. All items must meet or better all applicable Federal, State, and local requirements.
3. Warrant all materials for at least one year from date of acceptance.
4. Perform all work according to all applicable industry-standards and to the highest quality commensurate with the required work.
5. Provide everything necessary to perform work as specified herein and required to ensure full functionality according to OEM requirements.
6. Safeguard area for conditions inhibiting work progress or presenting danger.
7. Provide all necessary barricades, warning tape, and signage as required to protect walking and vehicular traffic from work area and work area equipment.
8. Ensure that all environmental conditions are appropriate for work.
9. Ensure that all work is done only by experienced and professional personnel trained and experienced in the operation of this equipment who have completed applicable training in compliance with OSHA Regulations.
10. Follow all manufacturers’ specifications and applicable federal, state, and local codes and regulations.
11. Include minor items, which are obliviously and reasonably necessary to complete repair / maintenance work, and usually included in similar work even though not specifically mentioned in these specifications.
12. Note that no additional compensation will be allowed due to misunderstanding as to the amount of work involved or lack of knowledge of any existing conditions that could have been discovered or reasonably anticipated prior to bid submittal.
B. Water Feature and Pool Components and Overview
1. The water feature includes a fountain, stream, water runnels, a water-sheeting feature on concrete, several filters, pumps and two underground service vaults.
2. The pool is about 105’x 65’, holds about 246,562 gallons of water, and is operated with Lochinvar Swimming Pool Heater (AQUAS XPN1502), EPD High Rate Sand Filtration System, two (2) Concept Plus pumps and a BECS Chemical Control system (BECCSys7).
C. Scope of Work- General
1. The Contractor shall provide regular maintenance services for the swimming pool, pool heater, water features, and related equipment. Services will ensure proper chemical balance, safe and continuous operation, and consistent temperature control, all performed under the supervision of a qualified contractor.
2. Maintain a 24-hour emergency service.
3. Coordinate with City Project Manager (CPM) regularly to ensure that maintenance requirements are kept.
4. Provide verbal and written reports to ensure (CPM) is kept fully apprised of maintenance operations.
5. Response Times:
a) Emergency: 2-hour response for anything that presents an immediate threat to life or property.
b) Urgency: 4-hour response for anything that presents potential threat to life or property, which left unattended, could escalate to an emergency.
6. Chemical Room
a) Acid room houses muriatic acid drums and their delivery mechanisms. b) The Chlorine/pump room contains three permits, which requires confined space entry.
7. Site Cleanliness
a) Maintain the site in a clean and orderly condition at all times. All trash and debris shall be promptly removed, and floors shall be kept clean throughout the duration of the work.
D. Scope of Work- Specific
1. Pool Maintenance Services: Routine: (Monday/Wednesday/Friday) a) Perform all of the services in this section each day service is required. b) Weekly pool cleaning.
c) Be on time; perform work at the scheduled time. Note that failure to be on time or missed work may result in liquidated damages (see table on page 12). d) Test and record water chemistry. The CPM will instruct the Contractor how the recorded data will be stored and reported.
e) Maintain all chemical levels and follow the associated record keeping compliant regulations along with legal requirements including without limitation: Federal, State of California, Orange County Health Department and City of Anaheim requirements.
f) When required, provide and change-out chlorine, muriatic acid 55-gallon drums (approximately 530 lbs. each) and other chemicals as needed to maintain the pool and water in optimal conditions. It is the contractor’s responsibility to ensure that adequate levels of chemicals are being kept.
g) Clean skimmer and pump baskets.
h) Backwash filters as needed.
i) Check drain covers and clean as needed.
j) Check all gauges and flow meters and adjust as needed. k) Check water temperature and adjust heater as needed. l) Maintain all equipment at the optimal operating parameters: pumps, filters, chlorinators, time clocks, etc. Notify CPM of equipment failures or required maintenance.
m) Maintain accurate service logs.
2. Cleaning Service: WEEKLY
a) Remove debris from pool surface, gutters, floor, walls, steps, lights, skimmers, drains, filters etc.
3. Specific & Water Feature Service (WEEKLY)
a) Provide chlorine and acid required to maintain as needed. (Under normal conditions, chlorine and acid are included.)
b) Maintain all equipment at the optimal parameters: pumps, filters, chlorinators, ball float, time clocks, and lights.
c) Treat water to maintain free of algae & all foreign matter d) Skim and brush fountain as needed.
e) Maintain pump room charts.
f) Keep all water feature components free from calcium build up, any growth like algae, insects, etc.
g) Remove all obstructions and debris from all clogged plumbing fixtures, pipes, runnels etc.
h) Confirm proper operation of water feature, check for leaks in plumbing and structural systems.
i) Immediately inform CPM of any condition discovered during routine maintenance that may affect the water feature’s optimal operability. j) Drain, clean, refill fountain shell, and reset fountain system as needed or every four months.
4. On-Site Training & Familiarization
a) Contractor shall help familiarize the CPM with pool equipment operation of the chemical feed systems, backwash & Filtration systems, control panels, programming information, and pump system operations plus associated equipment.
5. Additional Work Outside of Original SOW
a) Diagnose and recommend an appropriate solution to affect repairs according to all applicable manufacturers’ specifications and industry standard practices. b) Provide, to the CPM , an estimate of the repair costs at the hourly rates and materials plus markup percentage amounts as set forth in this Contract. c) Make approved repairs as soon as possible, but only after CPM so authorizes. d) Verify repair has been completed properly and adjacent work is not affected
6. Chlorine Specifications
a) Chlorine shall be: Liquid chlorine (sodium hypochlorite) containing 12-16% available chlorine. (By contrast, household bleach generally contains about 5% available chlorine.)
7. Pool Chemicals
a) Sodium Hypochlorite: 12.5%, Per Gallon
b) Muriatic Acid: 31.43% (53-gallon drums). Only two (2) drums can be stored in the acid room.
c) Muriatic Acid: 31.43%, Per Gallon.
d) Sodium Bicarbonate: 50-lb. Container.
e) Powder Conditioner
8. Quantities
a) The City does not guarantee any minimum or maximum usage of services or quantities of materials.
b) The City reserves the right to add, modify, or remove items and/or services at its sole discretion.
EXHIBITS
SUMP INFORMATION
Exhibit 1: SUMP 1
Exhibit 2: SUMP 2
Exhibit 3: SUMP 3
ATTACHMENT B
PRICING, PAYMENT AND
COMPENSATION
1. Compensation: This is a fixed fee Contract between City and Contractor for Chemicals and Maintenance Services for the Pearson Park Pool and Water Feature as set forth in Attachment A, “Scope of Work”.
Contractor agrees to accept the specified compensation as set forth in this Contract as full payment for performing all services and furnishing all staffing and materials required, for any reasonably unforeseen difficulties which may arise or be encountered in the execution of the services until acceptance, for risks connected with the services, and for performance by Contractor of all its duties and obligations hereunder. Contractor shall only be compensated as set forth herein for equipment, supplies, and accessories provided in accordance with the Scope of Work. City shall have no obligation to pay any sum in excess of the fixed rates specified herein unless authorized by amendment in accordance with Articles “C” Amendment and “P” Changes, of the City’s Contract Terms and Conditions.
2. Pricing List: Fees quoted below shall be all inclusive of all labor, services, skills, supervision, delivery, mileage, fuel surcharge, travel time, materials, necessary tools, routine equipment and for any unreasonably unforeseen difficulties which may arise or be encountered in the execution of the services until acceptance, for risks connected with the services, and for performance by the Contractor of all its duties and obligations hereunder.
a. Unit pricing is fixed for the initial base period, price changes after the base period shall be negotiated each renewal period but shall not exceed the most recent available month for the Los Angeles-Long Beach-Anaheim, CA Consumer Price Index (CPI) for All Urban Consumers for non-labor, and Urban Wage earners and Clerical Workers for labor.
b. During renewal periods, in response to significant market condition changes, the City will consider a one-time chemical price change (per renewal period). The Contractor must provide verifiable documentation including but not limited to dated notifications of price changes from the chemical manufacturer, copy of their recent chemical invoice, copy of chemical invoice from the beginning of contract, and relevant Producer Price Index data. The City retains the right to accept or reject the proposed prices change, and its decision is final. The City will accept price decreases without verifiable documentation.
PRICE LIST U/M UNIT PRICE
1 Maintenance Services: Weekly Cost: for three-weekly
services. Includes labor and materials , trip charges, etc.
Chemicals are additional. (per IFB requirements)
Week $ 750.00
2 Cleaning Services: for one-weekly services. Includes labor and materials, trip charges, etc. Chemicals are additional. (per IFB requirements)
Week $ 400.00
3 Maintenance Services: for one-weekly services. Includes labor and materials, trip charges, etc. Chemicals are
additional. (per IFB requirements)
Week $ 750.00
4 Chemical, SODIUM HYPOCHLORITE: 12.5%, Gallon Gallon $ 2.76 5 Chemical, MURIATIC ACID: 31.43% (53-gallon drums). Drum $ 168.25 6 Chemical, MURIATIC ACID: 31.43%, Gallon Gallon $ 4.82 7 Chemical, SODIUM BICARBONATE: 50 Pound
Containers Container $ 36.00
8 Chemical, 100LB Powder Conditioner Container $ 415.00 9 Material Discount: The City shall receive a 30% discount off the Manufacturer’s Suggested Retail Price (MSRP) for miscellaneous pool chemicals and other materials not
included in this Scope of Work.
Lot 30% Discount
10 Labor: Regular Time: repairs and maintenance authorized by CPM. Rates must be fully loaded including labor, tools, and equipment according to City operational hours.
Hour $ 235.00
11 Labor: Overtime: repairs and maintenance authorized by CPM. Rates must be fully loaded including labor, tools, and equipment according to City operational hours.
Hour $ 352.00
12 Labor: Double Time: repairs and maintenance authorized by CPM. Rates must be fully loaded including labor, tools, and equipment according to City operational hours.
Hour $ 470.00
13 On-site Training & Familiarization Hour $ 235.00
3. Contract shall not exceed $150,000 annually, with a cumulative not -to-exceed amount of $750,000 over the full term of the Contract, including all renewal periods.
4. Firm Discount and Pricing Structure: Contractor guarantees that prices quoted are equal to or less than prices quoted to any other local, State or Federal government entity for services of equal or lesser scope. Contractor agrees that no price increases shall be passed along to City during the term of this Contract not otherwise specified and provided for within this Contract.
5. Payment Terms – Payment in Arrears: Invoices are to be submitted in arrears to the user agency/department to the ship-to address, unless otherwise directed in this Contract.
Contractor shall reference Contract number on invoice. Payment will be net 30 days after receipt of an invoice in a format acceptable to City of Anaheim and verified and approved by the agency/department and subject to routine processing requirements. The responsibility for providing an acceptable invoice rests with Contractor.
Billing shall cover services and/or goods not previously invoiced. Contractor shall reimburse City of Anaheim for any monies paid to Contractor for goods or services not provided or when goods or services do not meet Contract requirements.
Payments made by City shall not preclude the right of City from thereafter disputing any items or services involved or billed under this Contract and shall not be construed as acceptance of any part of the goods or services.
6. Taxpayer ID Number: Contractor shall include its taxpayer ID number on all invoices submitted to City for payment to ensure compliance with IRS requirements and to expedite payment processing.
7. Payment – Invoicing Instructions: Contractor will provide an invoice on Contractor’s letterhead for goods delivered and/or services rendered. In the case of goods, Contractor will leave an invoice with each delivery. Each invoice will have a number and will include the following information:
a. Contractor’s name and address
b. Contractor’s remittance address, if different from 1 above c. Contractor’s Taxpayer ID Number
d. Name of City Agency/Department
e. Delivery/service address
f. Contract # MA 106- 498168
g. Agency/Department’s Account Number
h. Date of order
i. Product/service description, quantity, and prices
j. Sales tax, if applicable
k. Freight/delivery charges, if applicable
l. Total
ATTACHMENT C
ORIGINAL MASTER AGREEMENT