AGREEMENT FOR MAINTENANCE AND REPAIR SERVICES FOR POOLS,
FOUNTAINS, AND SPLASH PADS
THIS AGREEMENT is made and entered into on this 1st day of February, 2026 by and between 1st Choice Pool & Spa Solutions (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECI
TALS
A. Th
e City desires to retain a Consultant having special skill and knowledge in the field of:
services for fountains, pools, and splash pads. On October 3, 2025, City issued Request for Proposal (RFP) No. 25-120 seeking qualified consultants.
B. Cons
ultant submitted a responsive proposal to RFP 25-120 that was selected by the City.
C. In und
ertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.
NOW
THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCO
PE OF SERVICES
Cons
ultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference.
2. COM
PENSATION
a. Ci
ty agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $2,009,618. b. Pa
yment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant’s account(s) with financial institutions.
Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
EXHIBIT 1
3. TERM
This Agreement shall commence on February 1, 2026 for a term ending on January 31, 2027, with the option for the City to grant up to four (4) one-year extensions, exercisable by a writing by th e City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Cons
ultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes , unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. OW
NERSHIP OF MATERIALS
Th
is Agreement creates a non -exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents & Data the sub contractor prepares under this Agreement.
Consultant represents an d warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
6. INS
URANCE
In
surance requirements are attached hereto as Exhibit C.
7. INDE
MNIFICATION
Cons
ultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant , its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2)
f
rom any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a thi rd party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
8. I
NTELLECTUAL PROPERTY INDEMNIFICATION
C
onsultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.
9. RE
CORDS
C
onsultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.
10. CO
NFIDENTIALITY
If
Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
i
nformation that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.
11. CO
NFLICT OF INTEREST CLAUSE
a. C
onsultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
b. N
o immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City’s Municipal Code, whose position with the City shall award or influence the award of this Agreement , or any competing c ontract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c. T
he section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution
d. T
he Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement.
The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement.
e. C
onsultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above.
12. NO
N-DISCRIMINATION
C
onsultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
pr
omotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
13. E
XCLUSIVITY AND AMENDMENT
T
his Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant . The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
14. AS
SIGNMENT
In
asmuch as this Agreement is intended to secure the specialized services of Consultant , Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City.
15. T
ERMINATION
T
his Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
16. W
AIVER
N
o waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
r
emedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. J
URISDICTION - VENUE
T
his Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
18. P
ROFESSIONAL LICENSES
C
onsultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
19. NO
TICE
A
ny notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City:
Cit
y Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
W
ith courtesy copies to:
Executive Director
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-5635
To Consultant:
D
avid Castillo, Owner
1st Choice Pool & Spa Solutions
23895 Gowdy Ave
Lake Forest, CA, 92630
A
party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been g iven three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
20. MI
SCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
[sign
atures on following page]
I
N WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
A
TTEST: CITY OF SANTA ANA
Jennifer L. Hall Alvaro Nuñez
City Clerk City Manager
AP
PROVED AS TO FORM:
SONIA R. CARVALHO CONSULTANT:
City Attorney
B
y:
Kyle Nellesen
Assistant City Attorney
R
ECOMMENDED FOR APPROVAL:
Rodolfo Rosas, P.E.
Acting Executive Director
Public Works Agency
David Castillo
Owner
Rodolfo Rosas
Digitally signed by Rodolfo Rosas
DN: cn=Rodolfo Rosas, email=rrosas@santa-
ana.org, c=US
Date: 2026.01.09 14:05:00 -08'00'
EX
HIBIT A
S
COPE OF SERVICES
CITY OF SANTA ANA
T
he Contractor shall furnish all labor, vehicles, chemicals, tools, materials, equipment, transportation, and supervision, except as specified herein as City furnished, to manage and perform maintenance and minor repairs of the pools, fountains, and splash pads identified below:
G
ENERAL:
1. D
EFINITIONS
a) Clean. Free from dirt, dust, spots, streaks, stains, smudges, litter, debris, contamination, or residue or impurities, unsoiled, unstained, or recently washed.
b) D irector. The Director of Public Works or their designated representative with the authority to enter into, administer, or terminate contracts and to make findings and determinations on behalf of the City. This is the only individual authorized to change a contract or any of the requirements therein. c) Contractor. The individual, partnership, company, or corporation responsible for the duties and responsibilities under the Agreement. The term also covers requirements for any subcontractor. T he C
ontractor is ultimately responsible for ensuring that all subcontractors comply with the provision of t he A
greement.
d) Day. A normal weekday, unless otherwise specified. e) D eficiency. A shortcoming in the quality or state of service performed. f) Disinfect. Cleaning in order to destroy any harmful microorganisms by application of an approve d chemical agent.
g) Emergency Work. Any unforeseen circumstance or combination of circumstances that requires immediate action.
h) Environmental Pollution. The condition resulting from the presence of chemical, physical, radiological and/or biological forces that alter the life bio systems, structures, and equipment, recreational opportunity, aesthetics or natural beauty or the environment.
i) Hazardous Waste. Any waste materials that are toxic or poisonous, corrosive, irritating, desensi t izing, radioactive, biologically infectious, human feces, explosive, or flammable and t hat present a significant hazard to human health and the environment. Special handling procedures and disposal facilities ar e r
equired for their disposal.
j) Minor Repairs. Repairs that are necessary for maintenance of equipment, such as refacing valve seats, and replacing washers.
k) Preventive Maintenance. Work performed by the Contractor to inspect, repair, and keep in proper operating condition all City equipment the Contractor is responsible for maintaining. l) Recyclable Materials. Materials that normally have been or would be discarded and that may be reus ed after undergoing some type of physical or chemical processing. Recyclable materials do not includ e pr
ecious metal bearing scrap and those items that may be used again for their original purpose or function without any special processing.
m) Routine Services. Services which are required on a regular basis within each billing period. Thes e normally include services performed at a frequency or at least once per month, e.g., daily or weekly.
EXHIBIT I
SC
OPE OF SERVICES
City of Santa Ana
RFP 25-120
CITY OF SANTA ANA
2. The basic service obligations of the contractor shall include, but not be limited to, the following:
a) Vacuum pool
b) Clean pool tiles, pump strainers, and basket strainers c) Brush pool plaster
d) Clean back-wash filters
e) Test pool water chemistry (i.e. chlorine, pH, alkalinity, calcium hardness, etc.) f) Maintain water levels (i.e. fill and/or drain)
g) Pool start-up
h) Chemical treatment
i) Clea n pool deck and pump room
j) Pool equipment inspection
k) Testing/replacement of pool lamps
l) Hazardous Waste
R
esponsibilities included: Maintenance and repair service covered by this specification include the tasks below:
m) Maintain and replace pumps
n) Maintain and replace pump motors
o) Maintain and replace all plumbing i.e. piping, couplings, and fittings p) Maintain, replace, and utilize chlorine and metering/monitoring equipment q) Maintain and replace filters
r) Maintain and replace fountain nozzles free of debris. Replace when spray pattern deviates from intende d des
ign
s) Maintain and replace valves
t) Safety Data Sheets (SDS) must be kept at each pool site and be available for inspection at all times throughout the term of the contract. Personal Protection Equipment (PPE) shall be worn while handling c
hemicals pursuant to the manufacturer’s specifications. Cyanuric acid may be used at the pools; however, levels shall remain between 10 – 15 ppm.
u) The Contractor shall submit a list of all chemicals and quantities that will be stored at each pool site to th e P
arks Superintendent upon request. No more than a two (2) weeks supply of chemicals will be allowed at any pool site at any given time, unless otherwise authorized by the Parks Superintendent.
3. Wa ter Balance
a) Chemicals should be balanced through our BECSys5 water chemistry controller. Contractor shall be responsible for proper calibration of equipment in order to ensure proper water chemistry balance. Water chemistry shall be maintained within the following parameters:
i. pH level between 7.2 - 7.8;
ii. Alkalinity level between 80 - 120 ppm;
iii. Calcium hardness level between 200 – 400 ppm
iv. Chlorine level between 1.5 – 5.0 ppm; and
v. Total dissolved solids level between 300 – 2,300 ppm.
4. Trained Personal
a) Contractor shall provide personnel fully trained in all phases of swimming pool maintenance, includi ng w
ater chemical treatment, controller programming (BECSys5 water chemistry controller) and chemical pump calibration. All Supervisors shall be Certified Pool Operators and/or Aquatics Facilities Operators .
P
roof of certification shall be provided to City upon request.
5. Revised Schedule
a) After start of the Work, the Contractor shall submit revised pool maintenance schedules , no later than the 1s
t day of each month thereafter until completion of the Contract. The revised schedules should show any significant changes in activities since submission of the previous schedule with revised projections of progress and upcoming seasonal periodic work.
City of Santa Ana
RFP 25-120
CITY OF SANTA ANA
6. Contractor Staff/ Employees & Workers
a) The Contractor shall provide sufficient personnel to perform all Work in accordance with this RFP. At no t
ime, will the Contractor allow its crew to be diminished in size or labor hours so as to not effectively complete the assigned maintenance tasks.
b) A qualified supervisor in the employment of the Contractor shall supervise all of the Contractor’s maintenance personnel. At least one (1) member of each crew working at each site shall be able t o c
ommunicate both orally and in writing and a crew shall consist of no less than two (2) employees. c) Contractor shall require employees to wear a uniform identifying them as an employee of the Contractor while working in the City. This shall include proper work shoes and uniform clothing with a name badg e and
photo ID.
d) If any person employed by the Contractor or any subcontractor shall fail or refuse to carry out t he di
rections of the Public Works Director or designee, or is in the opinion of the Public Works Director or designee, intemperate, or disorderly; or uses threatening or abusive language to any person on the work site; or is otherwise unsatisfactory, he/she shall be discharged from the project immediately, and shall not again be employed on the work except with the written consent of the Public Works Director or designee. e) Employees shall be properly trained for the handling and use of chemicals and BECSys5 water chemistry controller.
7. Mater
ial
a) Facilities will be available for storage of equipment at each pool site for use in connection with the performance of the work. However, the City will not be responsible for any lost, stolen or dam aged
equ
ipment.
b) T
he Contractor shall be responsible for materials and facilities as hereinafter provided and in the event of its failure to carry out said responsibilities, the same may be carried out by the City at the expense of t he C
ontractor.
c) The Contractor shall be responsible for any materials, equipment and/or supplies so furnished and for the care of all work until its completion and final acceptance. Contractor shall at its own expense replac e
dam
aged or lost materials and repair damaged parts of the Work. d) The Contractor shall protect City facilities from damage resulting from its Work. City facilities damaged by, or as a result of, the Contractor's work under this Contract shall be repaired or replaced, as directed by the Public Works Executive Director or designee, at the Contractor's expense. e) The Contractor shall remove from the vicinity of the completed Work all rubbish, unused material, a nd
ot
her materials belonging or used under its direction during work. Contractor responsible to dispose of rubbish off-site at the Contractor’s expense.
f) All damages that, in the City's opinion, are due to the Contractor's operations shall be repaired at the Contractor's expense.
8. Vehicle Limitations
a) The Contractor shall at no time drive vehicles on turf for any reason without prior written authorizatio n f
rom the Public Works Executive Director or designee. Contractor shall be limited to pool access usi ng def
ined maintenance paths.
9. Traffic Control, Public Convenience and Safety
a) The Contractor shall conduct its operations so as to offer the least possible obstruction and i
nconvenience to the public, and shall have underway, no greater length or amount of work than can b e pr
osecuted properly with due regard to the rights of the public. Contractor shall also be required to provide signs for public information when applying chemicals.
10. S i gnage
a) Contractor shall display a sign indicating Contractor's name and license number on both sides of all City of Santa Ana
RFP 25-120
CITY OF SANTA ANA
maintenance vehicles. Said sign shall be approved by the City. b) Contractor shall not post advertising signs and banners within the Maintained Areas. All signs used by the Contractor shall be kept “Graffiti Free” at all times.
c) Contractor shall post signs at all locations as required by the Department of Environmental Healt h not
ifying the public of potential exposures. Signs shall be provided by the Contractor at the Contractor’ s co
st.
11. R eports
a) Daily and monthly reports shall be maintained at each pool site. The daily report shall include chemical analysis of the pool (controller and manual), filter readings, and flow readings. The monthly report shall include a complete chemical analysis of the pool (free chlorine, combined chlorine and total chlorine), pump room equipment inspection, pool deck equipment inspection, and a list of all minor maintenanc e
r
epairs. All reports shall be in a form acceptable to the Public Works Executive Director or designee.
12. Performance of Work
a) Contractor shall, at its own cost and expense, furnish all necessary materials, supplies, labor, chemicals, transportation, and equipment for doing and performing work required under this RFP. b) Contractor agrees that all services performed hereunder shall be provided in a manner commensurat e
w
ith the highest professional standards and shall be performed by qualified and experienced personnel; that any work performed by Contractor under the Contract will be performed in the best manner; that any material furnished shall be subject to the approval of the Parks Superintendent; and that both work and m
aterials will meet fully the requirements of this RFP.
13. Per mits & Licenses
a) Where requirements of the permits differ from those listed herein, the more stringent requirement shall apply. The Contractor shall obtain all permits required by other agencies of the State and County as well as the City of Santa Ana. All permits and licenses shall be obtained by and at the expense of the Contractor and/or subcontractors.
14. Em
ergency Work
a) In case of an emergency that threatens loss or injury of property, and/or safety of life, the Contractor shall act, without previous instructions from the City, as the situation may warrant. Contractor shall notify t he
C
ity of the emergency and the action taken immediately thereafter. Any compensation claimed by t he C
ontractor, together with substantiating documents in regard to expense, shall be submitted to the Public Works Executive Director, or designee, within 15 calendar days after the emergency. Compensation, if allowed, will be paid for as Extra Work.
b) If such emergency arises out of or is the result of operations by the Contractor, the cost of the corrective measures will be billed to the Contractor and deducted from Contractor’s payment as provided in th e
C
ontract Documents. The performance of emergency work by City forces will not relieve the Contractor of any of its responsibilities, obligations, or liabilities under the Contract.
15. Pr otection of Property
a) All public and private property or improvements shall be safely guarded from damage or loss i n c
onnection with this Contract by the Contractor at all times. Should any facility, structure, or property b e dam
aged during operations of the Contractor, it shall immediately notify the proper owners or authorities.
The Contractor shall pay all damages and losses incurred.
16. Law s and Regulations
a) The Contractor shall obey all laws, ordinances, and regulations affecting those engaged or employed on the work, or the materials used in the Work, or in any way affecting the performance of the Work, and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. If any discrepancy or inconsistency is discovered in the Contract Documents, or in this RFP, in relation to any such law, ordinance, regulation, order, or decree, Contractor shall immediately report the same in writi ng
t
o the Public Works Executive Director or designee.
City of Santa Ana
RFP 25-120
CITY OF SANTA ANA
b) Contractor shall, at all times, cause all its agents and employees to observe and comply with all such app
licable laws, ordinances, regulations, orders, and decrees in effect or which may become effectiv e bef
ore completion of the Contract.
c) Nothing in this RFP is to be construed to permit work not conforming with any current laws, ordinances, and/or regulations. If the Contractor ascertains at any time that any requirement of the Contract varies from such applicable law, ordinance and/or regulation, it shall promptly notify the Public Works Executiv e D
irector or designee.
d) No adjustments in the contract price shall be made due to changes in any law, ordinance and/or regulation occurring after submission of Proposals. Proposer shall incorporate said risk in its Proposal. e) The Contractor, at its own expense, shall pay all taxes properly assessed against its equipment, materials, or property used or required in connection with the Work. Contractor shall be required to comply with all “NPDES” rules, regulations and Best Management Practices related to the Work.
17. Commencement of Work/ Notice to Proceed
a) Unless otherwise specified, the Contract time shall commence upon the date of issuance of the City’s written Notice to Proceed. The Contractor shall commence work within 15 days thereafter or on the dat e
s
tipulated in the Notice to Proceed.
b) The Notice to Proceed will not be issued until the Contract is properly executed, and insuranc e c
ertificates have been submitted and approved.
18. Suspension of Work
Climatic Conditions:
a) The Public Works Executive Director or designee may suspend the Work whenever weather conditions or conditions resulting from inclement weather are unfavorable for the prosecution of the Work. The delay caused by such suspension may entitle the Contractor to an extension of time but not to any other compensation.
b) No extension of time will be granted for suspension of work unless the suspension affects the timely completion of all Work under the Contract or the timely completion of a portion of the Work for which a
t
ime of completion is specified. Determination that the suspension for inclement weather conditions or conditions resulting from inclement weather affects timely completion and entitles the Contractor to a n ex
tension of time shall be made and agreed to in writing by the Public Works Executive Director or designee and the Contractor on each day that work is suspended.
Safety Hazard
a) The Parks Superintendent may suspend operations if he/she determines that an imminent safety hazar d e
xists.
19. Changes Initiated by The City
a) In the event City desires to add additional sites, these additions shall be made at the rates listed i n C
ontractor’s Compensation Schedule.
20. Change Orders
a) Prior to issuing an approved Change Order, the Public Works Executive Director or designee may request that the Contractor submit a proposal covering the changes. The request shall include a description of the proposed changes. Within three (3) days after receiving the request, the Contractor shall submit its proposal to the Public Works Executive Director or designee, including any claim for extension of time, and any and all compensation that may be necessary as a result of performing t he
c
hanges. If the Parks Superintendent decides not to issue a Change Order after requesting a proposal from the Contractor, the Contractor shall be notified of such decision in writing.
21. City Inspection
a) The Public Works Executive Director or designee shall regularly inspect the pools and all other City City of Santa Ana
RFP 25-120
CITY OF SANTA ANA
property subject to this Agreement. If said inspection results in discovery of work that is not performed in the manner, and to the professional degree set forth in the Specifications, The Contractor agrees that the City shall:
i. Withhold from Contractor' s next monthly payment, the City' s actual or estimated cost of performing the work; or,
ii. Hire a contractor or City staff to perform the work not performed and then withhold from t he C
ontractor' s next monthly payment the City' s actual cost for performing the work to bring t he pr
operty into conformance with the specifications.
iii. Additionally, City shall impose liquidated damages of up to $ 300.00 per inspection, per park, per item specified herein not performed, per day not meeting the specifications during any suc h i
nspection.
b) Furthermore, it is not the Public Works Executive Director or designee responsibility to inform t he C
ontractor when work specified in the specifications was not performed or that deficiencies exist. It is t he P
arks Superintendent responsibility to inspect the properties to verify that work was performed to the specified level of quality and time frame followed by reporting that the work was performed satisfactorily or not. It is the Contractor' s responsibility to provide adequate supervision and staffing to visit each site daily and prepare schedules for the appropriate level of staff, equipment and materials to perform all aspects specified in this agreement. Should the Parks Superintendent create PowerPoint punch lists, essentially performing the Contractor' s Supervisor' s responsibilities/duties of determine what work needs to be performed in accordance with the agreement specifications, the City shall deduct $300 per Power Point punch list from the Contractor' s monthly invoice.
22. Cons
ervation of Utilities:
a) The Contractor shall familiarize himself and require his employees to become familiar and comply wit h s
tandard operating procedures that comply with conservation regulations. Compliance with Energy Conservation best practice includes:
i. Instructing personnel to conserve energy by turning off unneeded equipment and utilities (including electricity and water).
ii. Using lights only in areas where work is actually being performed. iii. Allowing adjustment of mechanical equipment controls for heating, ventilation, and air conditioning systems only by authorized workers.
iv. Turning off water faucets or valves after required usage has been accomplished. v. Complying with water bans imposed by local, state, or Federal agencies.
23. Sa
fety:
a) All work performed under this contract shall be performed in a manner as to provide maximum safety t o t
he public and where applicable, comply with all safety standards required by CAL- OSHA. The Public Works Executive Director or designee reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of t he
w
ork under this Agreement.
b) Safety Orientation for Contractor Personnel. The Contractor shall give each new employee perform ing under
this Agreement a safety orientation concerning the hazards and precautions of the job assigned upon starting work. The Contractor shall institute a continual training program to make employees awar e of
existing hazards and all new hazards relative to work performed under this Agreement. c) Creation of Safety or Health Hazard. If the Contractor performs work in a manner that creates a safety or health hazard to City or Contractor personnel or the general public, the Director may issue an order stopping all or part of the work until the Contractor has taken satisfactory corrective action. No part of t he
l
ost time due to such a stop in the work shall be the subject of a claim for extension or for excess costs or damages to the Contractor.
City of Santa Ana
RFP 25-120
CITY OF SANTA ANA
d) Protective Equipment. The Contractor shall provide its employees with protection against safety and health hazards by furnishing them with all the protective equipment needed. Such equipment shall b e appr
oved for the use intended by the National Institute for Occupational Safety and Health or th e A
merican National Standards Institute (ANSI). The Contractor shall post areas that require the wearing of protective clothing or where protective equipment is necessary. e) Material Safety Data Sheets. The Contractor shall submit to the Director or his designated representative Material Safety Data Sheets for all hazardous materials proposed for use in the performance of t he c
ontract at least one week prior to actual use. In addition, he shall maintain copies on-site and available f
or review by his employees and/or the City.
24. En vironmental Protection:
a) The Contractor shall comply with all federal, state, and local laws, regulations, and standards regardin g t
he Environmental Protection and Enhancement Program.
25. C ont ractor Furnished Property and Services:
a) General. Contractor furnished property and services shall be compatible with existing City systems and equ
ipment as necessary to perform the requirements of the Agreement. b) Security of Contractor Owned Property. The Contractor shall be responsible for the security of Contractor Owned Property.
c) Contractor Furnished Equipment. The Contractor shall provide all items necessary for the performance of the contract including the following:
i. Tools. The Contractor shall provide all tools and repair equipment necessary for maintenanc e
and r
epair as specified in the Agreement.
d) Contractor Furnished Supplies. The Contractor shall furnish all supplies required for his performanc e under
the Agreement, including the following.
i. Chemicals. The Contractor shall furnish all chemicals and supplies to maintain the water at t he pr
escribed standards of purity and clarity including, but not limited to chlorine (liquid, tablets, granular, or gaseous, depending on the type of dispensing system in use), soda ash, diatomaceous earth, etc.
ii. Test Kits. The Contractor shall furnish test kits for the purpose of monitoring and reporti ng
c
hemical levels and conditions including but not limited to chlorine levels, pH levels, and alkalinity of the water, etc.
iii. Preventive Maintenance (PM) and Minor Repair Items. The Contractor shall provide all PM an d m
inor repair items including, but not limited to, lubricants, minor parts, fittings, gaskets, bench s
tock, paint, degreasers, etc. for performance under the contract. iv. Cleaning Supplies. The Contractor shall furnish cleaning supplies required for performanc e under
the contract.
26. Fai lure to Perform Satisfactory:
a) City Inspection. The Director or his designated representative shall regularly inspect fountains all other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor’s next monthly payment, the City’s actual or estimated cost of performing the work to bring the property into conformance with the specifications. A dditionally, City sha ll
i
mpose liquidated damages of up to $300.00 per inspection, per fountain, per day not meeting th e s
pecifications during any such inspection.
b) Billing Adjustments. The Public Works Executive Director or designee may make a billing adjustment i n m
onthly payment for the cost to the City to remedy insufficiencies in service rendered by the Contractor.
Billing adjustments for this unsatisfactory service may be permanent retention of 100% of the estimat ed City of Santa Ana
RFP 25-120
CITY OF SANTA ANA
monthly cost for work that is incomplete or deficient as stated herein.
27. H a zards:
a) The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from his operations. Any hazardous condition noted by the Contractor, which is not a result of his operations, shall be immediately reasonably mitigated then reported to the Public Works Executive Director or designee.
28. Ac cess to Private Property
a) Prior to any work that will restrict access to private property, the Contractor shall notify each affect ed pr
operty owner or responsible person, informing him of the nature of and the approximate duration of t he r
estriction.
29. Em ergency Service:
a) Twenty -four hours per day, seven days per week, the Contractor shall be able to receive and respond t o t
he City’s call for emergency service. Response time shall be less than two hours to remove or eliminate a public safety hazard. Contractor shall provide the City with a local telephone number where Contractor can be contacted twenty-four hours per day, seven days per week.
30. Ve
hicle Passes:
a) The Contractor and Contractor personnel shall obtain vehicle passes from The County of Orange Parki ng A
dministrator, Public Facilities & Resources Department.
31. 24 -H our Contact Information:
a) The Contractor shall provide the Director with a telephone number at which a contact person for the C
ontractor may be reached 24 hours a day. The contact person shall be required to respond back to t he D
irector or his representative within 1 hour. The contact person shall have the appropriate knowled ge and/
or authority to take appropriate action in response to any emergency situation that may arise involving the contractor’s responsibilities hereunder.
32. D am ages:
a) Responsibility for Work. The Contractor shall be responsible for all damages to people and/or proper ty t
hat occur as a result of the fault or negligence of said Contractor or his employees in connection with t he per
formance of this work.
b) Property Damage. Any damage to City property that occurs shall be immediately reported to the Director.
The cost of repair, if required, will be at the Contractor’s expense. If damage occurs to any adjacent turf, groundcover, shrubs or trees as result of the Contractor’s negligence for the cost for necessary repair or replacements of the same shall be at the Contractor’s expense.
POOL MAINTENANCE:
1. Loc ation
PARK/POOL SITE ADDRESS SIZE (in gallons)
El Salvador Park
33. El Salvador Pool
1825 W. Civic Center Drive
Santa Ana, CA 92703
99,000
Jerome Park
34. Jerome Pool
726 S. Center Street
Santa Ana, CA 92704
248,907
Memorial Park
35. Memorial Pool*
2102 S. Flower Street
Santa Ana, CA 92707
500,000
Rosita Park
36. Salgado Pool
706 N. Newhope Street
Santa Ana, CA 92703
88,594
City of Santa Ana
RFP 25-120
CITY OF SANTA ANA
*
Currently out of service
2. Hours of Operation
a) The Contractor shall accomplish all maintenance required under this RFP before 3:00 p.m. During th e s
wim season (May 1 – September 15) maintenance shall be required five days a week (Monday throug h F
riday) for all pools. During the off season (September 16 – April 30) maintenance shall be required t
hree days a week (Monday, Wednesday and Friday) for all pools. On-call services during the weekend (
Saturday and Sunday) for bio-hazard incidents and other chemical issues will be provided throughout the entire calendar year (January – December) and if incidents were created due to error from the C
ontractor, then the services will be at the contractor’s expense.
3. Water Treatment Chemicals
a) Contractor will be responsible for supplying all chemicals needed to maintain proper water balance. T o t
he extent possible, chemicals shall be supplied in liquid bulk form and stored in the equipment tanks on s
ite.
b) The following chemicals shall be used:
i. Acid: 31.44% hydrochloric acid
ii. Chlorine: 12.5% sodium hypochlorite
iii. Calcium Chloride: powder form (optional)
iv. Sodium Hydroxide: caustic soda 50%
v. Sodium Bicarbonate
4. Work Schedule
a) Exceptions may be made to normal work hours where incidence of use may be too great during t he s
pecified hours to allow for proper maintenance. The City may grant, on an individ ual basis, permission t
o perform maintenance at other hours. No maintenance functions that generate excessive noise shall be commenced before 7:00 a.m.
b) The City shall have the authority to suspend the work, wholly or in part, for such a period as may be de
emed necessary due to renovation or construction, or to such other conditions as are considered unfavorable for the suitable prosecution of the Work.
c) Within 48 hours after the Notice to Proceed has been given, and prior to the start of any Work, t he C
ontractor shall submit to the Parks Superintendent for approval three (3) copies of its proposed monthly schedule with sub-schedules of periodic activities. If the Public Works Director or designee notifies the C
ontractor that the schedule is unacceptable, the Contractor shall submit a revised schedule within fiv e (
5) w
orking days thereafter.
d) The schedules shall be in a form acceptable to the Public Works Director or designee.
The schedule shall also contain a list of all applicable tasks including the time and location of the task, and the labor force used to complete the task.
Santa Anita Park
37. Santa Anita Pool*
300 S. Figueroa Street
Santa Ana, CA 92704
103,500
City of Santa Ana
RFP 25-120
CITY OF SANTA ANA
FOUNTAIN MAINTENANCE:
1. Loc ation
*Currently out of service
+Monday, Wednesday, Friday
S
PLASH PAD MAINTENANCE:
1. Loc ation
*Future Site
+Monday, Wednesday, Friday
2. Specific (required as needed):
a) S
ervice is required once a week generally Sunday through Saturday or as directed by the Public Works Executive Director or designee.
b) Provide chlorine and acid required to maintain as needed. (Under normal conditions, chlorine and acid ar
e included.)
c) Maintain all equipment at the optimal parameters: pumps, filters debris traps, time c locks, flow rates, GPM’s and vault lighting.
d) Maintain operation of touch pad sensors
e) Maintain service chart.
f) Keep pump enclosure areas clean of trash dirt and debris. g) Keep all splash pad component including the play surface free from calcium b uild up, any growth like al
gae, insects, etc.
Fountain Location Service Per Week+
Plaza of the Fountain #1* North of State Building 3 Times Plaza of the Fountain #2* East of Law Library 3 Times
Plaza of the Fountain #3* South of Law Library 3 Times
Plaza of the Sun Fountain Between City Hall and Main
Library
3 Times
Sasscer Park Fountain Corner of Santa Ana Blvd. and
Broadway
3 Times
2nd Street Mall Fountain Between Sycamore St. and
Broadway
3 Times
Santa Ana Regional
Transportation Center
(SARTC)
1000 E Santa Ana Blvd 3 Times
Splash Pad Location Service Per
Week+
Portola Park 1700 E Santa Clara Ave 3 Times
Thornton Park* 1801 W Segerstrom Ave 3 Times
City of Santa Ana
RFP 25-120
CITY OF SANTA ANA
h) Remove all obstructions & debris from all clogged plumbing fixtures, pipes, etc.
3. Required Work (W eekly):
a) C
lean pump(s), strainer basket (as necessary)
b) Clean debris trap (if applicable)
c) Check/log PH, chlorine, total alkalinity, calcium harness, CYA (recalibrate ph as necessary) d) Backwash sand filters (as necessary)
e) Report any deficiency same day as noticed to (Park Superintendent) f) Report any graffiti same day as noticed to Park Superintendent g) Clean any dirty nozzles both in ground and on elevated features.
City of Santa Ana
RFP 25-120
EX
HIBIT B
C
OMPENSATION
S
ANTA ANA CITY COUNCIL
Valerie Amezcua
Mayor
[email protected]
Benjamin Vazquez
Mayor Pro Tem, Ward 2
[email protected]
Thai Viet Phan
Ward 1
[email protected]
Jessie Lopez
Ward 3
[email protected]
Phil Bacerra
Ward 4
[email protected]
Johnathan Ryan Hernandez
Ward 5
[email protected]
David Penaloza
Ward 6
[email protected]
C
ertification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit I) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal.
P
ROPOSER’S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. __________________________________________________
__________________________
LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS
________________________________________________________ ____________________
BUSINESS ADDRESS
__________________________
__________________________________________________
PRINTED NAME OF AUTHORIZED AGENT TITLE
________________________________________________________ ____________________
SIGNATURE OF AUTHORIZED AGENT DATE E- MAIL ADDRESS
____________________________
________________________________________________
FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE)
____________________
________________________________________________________
CITY OF SANTA ANA BUSINESS LICENSE NUMBER
(PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.) T
he above-named Proposer having examined the proposed Contract Documents and having visited the sites and examined the conditions affecting the Work, hereby proposes and agrees to
BEST AND FINAL OFFER (BAFO)
PROPOSER’S CERTIFICATION, BAFO PROPOSAL PRICING
SANTA ANA CITY COUNCIL
Valerie Amezcua
Mayor
[email protected]
Benjamin Vazquez
Mayor Pro Tem, Ward 2
[email protected]
Thai Viet Phan
Ward 1
[email protected]
Jessie Lopez
Ward 3
[email protected]
Phil Bacerra
Ward 4
[email protected]
Johnathan Ryan Hernandez
Ward 5
[email protected]
David Penaloza
Ward 6
[email protected]
furnish all labor, materials, supplies and equipment, and to perform operations necessary to complete the Work as required by proposed Contract Documents. Pricing shall be inclusive of labor, material, travel time, sales tax, and all other expenses.
SWIMMING POOL
MAINTENANCE
SERVICES
SWIM SEASON
MONTHLY PRICE
(May 1 – September 15)
OFF SEASON
MONTHLY PRICE
(September 16- April 30)
ANNUAL
COST
El Salvador Pool $
Jerome Pool $
Memorial Pool $
Salgado Pool $
Santa Anita Pool $
Total
ADDITIONAL / SUBCONTRACTING
(HOURLY)
Certified Scuba Diver $
Emergency Services $
Additional Labor $
Additional Supervisor $
JEROME POOL
Acid Wash $
Plastering $
Water Heater Annual Service $
Re-cocking joints $
EL SALVADOR POOL
Acid Wash $
Plastering $
Water Heater Annual Service $
Re-cocking joints $
SANTA ANA CITY COUNCIL
Valerie Amezcua
Mayor
[email protected]
Benjamin Vazquez
Mayor Pro Tem, Ward 2
[email protected]
Thai Viet Phan
Ward 1
[email protected]
Jessie Lopez
Ward 3
[email protected]
Phil Bacerra
Ward 4
[email protected]
Johnathan Ryan Hernandez
Ward 5
[email protected]
David Penaloza
Ward 6
[email protected]
SALGADO POOL
Acid Wash $
Plastering $
Water Heater Annual Service $
Re-cocking joints $
SANTA ANITA POOL
Acid Wash $
Plastering $
Water Heater Annual Service $
Re-cocking joints $
ADDITIONAL COST ITEMS/
(INCLUDES LABOR & MATERIAL)
1. Replace Pentair 5G LED Stainless Steel Pool Underwater Light $
2. Steel Pool Underwater Light fixture $
3. SR Smith Replacement Battery for Lift Charger $
4. SR Smith Access Lift Charger $
5. Chemical Line, Jayco Fittings $
6. Stenner Chemical Pump Head Feed Tube $
7. 4” PVC Flowmeter $
8. LMI Injector 3/8’// OEM LMI $
9. RP ASME Temp/ Pressure Gauge/ OEM $
10. ASME RP HD Igniter $
11. Raypack HD Booster Motor with Bracket Kit $
12. Hydronic Boiler Pump Mechanical Seal & Bearing Kit $
13. Hypochlorite Solution (12.5% corrosive; 15 gallon) $
14. Stenner Chemical Pump head Feed Tube $
15. Stenner 45M5 Variable Drive 110vlt Chemical Metering Pump $
16. Taylor DPD Pool Testing Strips Bottle $
17. Paragon Commercial Eyebolt Insert $
SANTA ANA CITY COUNCIL
Valerie Amezcua
Mayor
[email protected]
Benjamin Vazquez
Mayor Pro Tem, Ward 2
[email protected]
Thai Viet Phan
Ward 1
[email protected]
Jessie Lopez
Ward 3
[email protected]
Phil Bacerra
Ward 4
[email protected]
Johnathan Ryan Hernandez
Ward 5
[email protected]
David Penaloza
Ward 6
[email protected]
18. EIM// Hi-D Low Water Cut Off $
19. OEM, Raypack Hi-D Flow switch $
20. Pentair Commercial-Series Pump Shaft Seal Kit AS $
21. 10HP Electric Commercial Series 208-220-440V 2 Phase (Jerome Pool)
$
22. 10HP Electric Commercial Series 208-220-440V 2 Phase (Salgado Pool)
$
23. 10HP Electric Commercial Series 208-220-440V 2 Phase (El Salvador Pool)
$
24. 10 HP model Pentair complete pump assembly $
FOUNTAIN
MAINTENANCE
SERVICES
Cost Per Service
Frequency Per
Week
ANNUAL
COST
(52 weeks)
Plaza of the Fountain #1* $ 3 Times $
Plaza of the Fountain #2* $ 3 Times $
Plaza of the Fountain #3* $ 3 Times $
Plaza of the Sun Fountain $ 3 Times $
Sasscer Park Fountain $ 3 Times $
2nd Street Mall Fountain $ 3 Times $
Santa Ana Regional
Transportation Center (SARTC)
$ 3 Times $
Total
PLAZA OF THE SUN FOUNTAIN
Acid Wash $
Plastering $
SASSCER PARK FOUNTAIN
Acid Wash $
Plastering $
SANTA ANA CITY COUNCIL
Valerie Amezcua
Mayor
[email protected]
Benjamin Vazquez
Mayor Pro Tem, Ward 2
[email protected]
Thai Viet Phan
Ward 1
[email protected]
Jessie Lopez
Ward 3
[email protected]
Phil Bacerra
Ward 4
[email protected]
Johnathan Ryan Hernandez
Ward 5
[email protected]
David Penaloza
Ward 6
[email protected]
2ND STREET MALL FOUNTAIN
Acid Wash $
Plastering $
SANTA ANA REGIONAL TRANSPORTATION CENTER
Acid Wash $
Plastering $
SPLASH PAD
MAINTENANCE
SERVICES
SWIM SEASON
MONTHLY PRICE
(3x per Week)
(May 1 – September 15)
OFF SEASON
MONTHLY PRICE
(1x per week)
(September 16- April 30)
ANNUAL
COST
Portola Park $ $ $
Thornton Park* $ $ $
Total $ $
*Future site
EXHIB
IT C
I
NSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the agreement, the following insurance coverages:
MINIMUM SCOPE AND LIMIT OF INSURANCE
Consultant shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate.
• Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance with existing limits, which can be lower than $1,000,000. • Workers’ Com pensation (WC): as required by the State of California, with statutory limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Consultant has no employees.
If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, equipment, and personnel furnished in connection with such work or operations.
2. CGL, AL, and WC policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant for City.
3. All required insurance policies: For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.
4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.
5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Erendida Reyes,220 S. Daisy Ave., Building A, M-92, Santa Ana, CA 92703. The name and location of the event should be included in the Description of Operations section of each certificate.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
Verification of Coverage
Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The retroactive date must be shown and must be before the date of the contract or the beginning of work.
2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Consultant must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work.
Subcontractors
Consultant shall require and verify that all sub- contractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from sub-contractors.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.