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HomeMy WebLinkAboutE-10 Staff Report - Slauson Pool Maintenance RFP AwardCONSENT ITEM E-10 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: MIKI CARPENTER, COMMUNITY RESOURCES DIRECTOR DATE: AUGUST 17, 2020 SUBJECT: AWARD OF CONTRACT FOR SLAUSON POOL MAINTENANCE AND REPAIR BACKGROUND: The James Slauson Park and Azusa Aquatics Center, located at 501 E. 5th Street, was re-constructed in 1994. Ongoing maintenance and repair costs have consistently fallen beneath the formal bidding requirements. In an effort to streamline processes and better manage costs, an informal bid was conducted for swimming pool maintenance and repair. Bids were received and evaluated based on several different criteria. This action awards a Maintenance Services Agreement to Commercial Aquatic Services as well as establishes a blanket purchase order for repairs. RECOMMENDATION: Staff recommends the City Council take the following actions: 1) Award a three-year contract, with two potential one-year extensions, to Commercial Aquatic Services for Slauson Pool maintenance; and 2)Authorize the City Manager to execute the Maintenance Services Agreement, in a form acceptable to the City Attorney, on behalf of the City; and 3) Authorize a blanket purchase order for repairs. ANALYSIS: Azusa Aquatics Center has been in existence since 1994. Over the years, the maintenance and most of the repairs have fallen under the formal bidding threshold. While this is still the case, Staff wanted to streamline processes and better manage costs and therefore recently spent some time modifying and structuring the maintenance requirements. Once that was completed, Staff sent the requirements out through an informal bid process. APPROVED CITY COUNCIL 8/17/2020 Slauson Pool Maintenance & Repair Award August 17, 2020 Page 2 A mandatory job walk was held on July 14th and six different pool maintenance companies attended. Of those six, five submitted bids before the bid deadline of July 23, 2020. Bids were evaluated based on the following criteria: cost, capacity to do the work, familiarity with work, and qualifications/certifications. Based on that criteria, the results were as follows: Commercial Aquatic Services 95 Waterline Technologies 93 Sea Clear Pools, Inc. 90 Caliber Commercial Pool Service 85 Knorr Systems, Inc. 81 Staff is recommending awarding the contract to Commercial Aquatic Services. Commercial Aquatics has been providing quality maintenance and repair service to the City of Azusa for a number of years. Their service technicians who perform maintenance on the Aquatics facilities have current Los Angeles County Health Department Swimming Pool Service Technician and Certified Pool Operator certifications, and the company is a licensed C53 contractor for major repairs. FISCAL IMPACT: The cost of routine pool maintenance for the Azusa Aquatics Center is $16,348 annually. The stated amount is included in the FY 2020-21 approved Aquatics budget under account (10-25-410-100-6493). Additionally, a blanket purchase order in the amount of $20,000 will be established for miscellaneous repairs. The $20,000 is also included in the FY 2020-21 approved Aquatics budget under account (10- 25-410-100-6493). Prepared by: Reviewed and Approved: Nikki Rosales Miki Carpenter Senior Management Analyst Director of Community Resources Fiscal Impact Review: Reviewed and Approved: Talika M. Johnson Sergio Gonzalez Director of Administrative Services City Manager Attachment: 1) Maintenance Services Agreement 45635.01000\8520199.1 CITY OF AZUSA AGREEMENT FOR MAINTENANCE SERVICES 1.PARTIES AND DATE. This Agreement is made and entered into this 1st day of October, 2020 by and between the City of Azusa, a municipal corporation of the State of California, located at 213 East Foothill Boulevard, Azusa, California 91702, (“City”) and The Illini Companies, Inc. DBA Commercial Aquatic Services, a corporationwith its principal place of business at 1121 Hawk Circle, Anaheim, CA 92807 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. 2.RECITALS. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing swimming pool maintenance and repairservices to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 2.2 Project. City desires to engage Contractor to render such services for the Slauson Pool Maintenance and Repair project (“Project”) as set forth in this Agreement. 3.TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional swimming pool maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from October 1, 2020 to September 30, 2023, with two (2) additional one (1) year terms available with City Council approval unless earlier terminated as provided herein. Contractor shall complete the Services Attachment 1 The Illini Companies, Inc. DBA Commercial Aquatic Services Page 2 of 16 45635.01000\8520199.1 within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance. 3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City’s Representative. The City hereby designates Roy Chavez, Parks Superintendent, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee. 3.2.5 Contractor’s Representative. Contractor hereby designates Chase Rodriquez, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and The Illini Companies, Inc. DBA Commercial Aquatic Services Page 3 of 16 45635.01000\8520199.1 procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. 3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law. 3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all The Illini Companies, Inc. DBA Commercial Aquatic Services Page 4 of 16 45635.01000\8520199.1 Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours' labor shall constitute a legal day's work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its sub-sections. 3.2.10.2 Employment Eligibility; Subcontractors, Sub- subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1. 3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub- The Illini Companies, Inc. DBA Commercial Aquatic Services Page 5 of 16 45635.01000\8520199.1 subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements. 3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel- powered engine. Contractor shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.7 Water Quality. (A) Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. The Illini Companies, Inc. DBA Commercial Aquatic Services Page 6 of 16 45635.01000\8520199.1 (B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph. 3.2.11 Insurance. 3.2.11.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. 3.2.11.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 The Illini Companies, Inc. DBA Commercial Aquatic Services Page 7 of 16 45635.01000\8520199.1 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits. (C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. 3.2.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Azusa, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Services or ongoing and completed operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified The Illini Companies, Inc. DBA Commercial Aquatic Services Page 8 of 16 45635.01000\8520199.1 minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A). (B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City of Azusa, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self- insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). (C) Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds. 3.2.11.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subconsultants. The Illini Companies, Inc. DBA Commercial Aquatic Services Page 9 of 16 45635.01000\8520199.1 3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad. 3.2.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 3.2.11.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.11.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement. 3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. The Illini Companies, Inc. DBA Commercial Aquatic Services Page 10 of 16 45635.01000\8520199.1 3.2.13 Bonds. 3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause. 3.2.13.4 Surety Qu alifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, The Illini Companies, Inc. DBA Commercial Aquatic Services Page 11 of 16 45635.01000\8520199.1 data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Sixteen Thousan Three Hundred Forty Eight Dollars ($16,348) without written approval of the City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative. 3.3.5 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Termination of Agreement. The Illini Companies, Inc. DBA Commercial Aquatic Services Page 12 of 16 45635.01000\8520199.1 3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5 General Provisions 3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONTRACTOR: The Illini Companies, Inc. DBA Commercial Aquatic Services 1121 Hawk Circle Anaheim, CA 92807 Attn: Chase Rodriguez CITY: City of Azusa 213 E. Foothill Blvd. Azusa, CA 91702 Attn: Roy Chavez, Public Works Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.2 Indemnification 3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, The Illini Companies, Inc. DBA Commercial Aquatic Services Page 13 of 16 45635.01000\8520199.1 Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Contractor'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 Contractor. 3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with legal counsel chosen by the City and at Contractor’s own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.5.2.1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers or agents. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers. 3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. 3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. The Illini Companies, Inc. DBA Commercial Aquatic Services Page 14 of 16 45635.01000\8520199.1 3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.9 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further The Illini Companies, Inc. DBA Commercial Aquatic Services Page 15 of 16 45635.01000\8520199.1 agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.15 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action. 3.5.16 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.17 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.5.18 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. [SIGNATURES ON NEXT PAGE] The Illini Companies, Inc. DBA Commercial Aquatic Services Page 16 of 16 45635.01000\8520199.1 CITY OF AZUSA The Illini Companies, Inc. DBA Commercial Aquatic Services By: By: Sergio Gonzalez City Manager Name: Attest: Title: City Clerk [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Approved as to Form: Best Best & Krieger LLP By: Name: City Attorney Title: 45635.01000\8520199.1 A-1 EXHIBIT “A” SCOPE OF MAINTENANCE SERVICES The James Slauson Community Pool Aquatics Facilities are comprised of three separate pools: Lap Pool, Slide Pool and Children’s Pool. The proposal will include twelve (12) monthly scheduled visits in which contractor will perform complete water testing to provide water parameters and advise chemical dosage in order maintain proper Saturation and Ryznar Indexes. Contractor will also provide monthly equipment room audits, provide monthly lubrication to all pump motors, provide monthly maintenance and cleaning of all chlorine and acid injectors and advise of any mechanical deficiencies witnessed and propose appropriate corrections. Contractor must schedule and perform corrective actions with as little or no disruption to aquatics programming. All scheduled corrective actions must be cleared through the Aquatics Manager and/or the Recreation Superintendent – Parks Division or designee. Contractor will also provide annual maintenance of items listed below. Proposal will include, travel, labor and normal parts necessary to perform this work. Contractor will also be required to perform additional quarterly services, as well as pre-season services to be completed annually. Water chemistry shall be maintained to provide effective sanitation and good water clarity using chemicals efficiently, and maximize the service life of mechanical equipment, the pool structures, and fitting. An accurate service log book shall be maintained with maintenance records on-site. These records shall remain the property of the City of Azusa. Contractor shall monitor the pools and related equipment and report any hazards or problems to the Parks Division – Parks Superintendent (or designated contact) immediately upon discovery. Contractor shall advise the City of Azusa on preventive maintenance needs of the pools and equipment, recommend equipment replacement when necessary and advise the maintenance staff on required/needed purchases related to pool equipment. During the term, or extended term, of the contract, the selected provider will be responsible for performing the following general services: Monthly Services: • Perform water test with digital water test kit (Palintest) for accurate readings checking pH, free chlorine and total chlorine, total alkalinity, calcium hardness, conditioner, total dissolved solids and temperature. Advise City staff on water parameters and on chemical dosage in order to maintain proper Saturation and Ryznar indexes. • Calibrate chemical controllers to match water test readings, confirm proper set points, and adjust alarm values as needed. 45635.01000\8520199.1 A-2 • Log water test readings and daily operation report for staff and health department review. Send all reports electronically to the Parks Superintendent, Parks Supervisor and Pool Manager. • Manually clean sensors/probes per manufacturer’s specifications. • Manually clean injectors per manufacturer’s specifications, or more frequently if necessary. • Lubricate all circulation pump motors. • Check all chemical pumps to ensure all are properly working and adjust as needed. • Check all chemical poly lines, hard lines and ball valves for any leaks. Clean and repair as needed. • Manually backwash main pool, children’s and slid pool and check that all are working properly per manufacturer’s specifications. • Perform equipment room audits and advise of any mechanical deficiencies witnessed and propose appropriate corrections. Quarterly Services: • Chemical Pumps  Replacement of chlorine pump peristaltic feed tube assemblies. (Children’s Pool & Slide Pool)  Replacement of acid pump peristaltic feed tube assemblies. (Swimming Pool, Children’s Pool & Slide Pool) Annual Pre-Season Maintenance (this must be scheduled a minimum of two months prior to aquatics facilities opening date with opening date to be provided by City of Azusa staff). Please see equipment list (Exhibit A) for detailed service requirements: • Filtration  Pre-season backwash valve preventive maintenance  Pre-season media inspection  Pre-season overhauling of all backwash valves • Pool Heaters  Heater disassembly to facilitate inspection and cleaning of burner tray and gas manifolds.  Clean burner trays and gas orifices.  Test and set gas manifold pressure.  Inspect rear header finned tube ends for proper water flow. (Lap pool)  Confirm proper vent draft.  Replace pilot assemblies.  Test safety circuit and pressure relief valves.  Lubricate booster pump bearing assembly. (Lap Pool) • Chemical Pumps  Replacement of discharge tubing.  Wet-end rebuild utilizing Repair Parts Maintenance Kits (Swimming Pool) 45635.01000\8520199.1 A-3  Rebuild of CO2 solenoid valves within CO2-9 (all pools) • Chemical Controllers  Cleaning of the pH and ORP sensors on all three chemical controllers.  Perform 2 point calibrations of the pH and ORP sensors on all three chemical controllers.  Perform full spectrum water analysis on all three bodies of water. On Call Emergency Repairs: • Contractor will be on call for emergency call outs and must respond within two (2) hours of such call. Hours for emergency repair rate are 5 p.m. to 7 a.m., Monday through Friday. Contractor must provide a twelve (12) month schedule for all maintenance visits and must provide notice to the Parks Division – Park Superintendent or Parks Supervisor a minimum of one week’s notice regarding any changes to the 12 Month Service Calendar. The above list is not exhaustive, but is intended to give the proposer a general sense of the anticipated services to be provided during the term, or extended term of the contract. CONTRACT TERMS AND CONDITIONS Contractor must provide all necessary equipment, tools, labor and material to complete requested services. It is the responsibility of the Contractor to verify all listed equipment to be serviced. This Maintenance Services Agreement does NOT include chemicals. The provision of chemicals may or may not be from a different company and will be invoiced under a different purchase order. Any and all repairs must be approved by City representative and completed at time of maintenance if at all possible. Phone contact with City representative with proposed repair required. 45635.01000\8520199.1 B-1 EXHIBIT “B” SCHEDULE OF MAINTENANCE SERVICES EQUIPMENT INVENTORY AND REQUIREMENTS 1 - RAYPAK, MVB-H7-2004 1 - RAYPAK, MVB-P754A 1 - RAYPAK, 407 AL 1 - EPD501 5-Tank Filtration System (Main Pool) 2 - EPD501 1-Tank Filtration Systems (Children’s Pool, Slide Pool) 8 - EPD Backwash Valves 1 - LMI M131-11S Chlorine Metering Pump 2 - Stenner 45M5 Chemical Metering Pump for chlorine delivery 3 – Concept Acid Feed Pumps 3 CO2 Solenoid Valve Rebuild RAYPAK MVB-H7-2004 (MAIN POOL) ANNUAL PRE-SEASON PM SERVICE -Disassemble heater to inspect and clean upper cabinet and fan assemblies. -De-soot and/or clean heat exchanger and inspect for any irregularities. -Test flame failure detection system and pilot turndown. -Test high limit and operating temperature. -Replace flame sensor. -Replace LWCO board. -Conduct a combustion test at full fire. -Check valve coil for 60 cycle hum and check for leaks at all valve fittings. -Perform leakage test on gas valves. -Inspect and clean burner. -Check sediment trap and gas strainers. -Check flame failure detection system. -Replace igniter. -Check flame signal strength, firing rate control and manifold. -Pressure Test safety/safety relief valves. -Replace filters. -Test and set inlet water temperature and delta temperature. -Restore heater to normal operations. RAYPAK MVB P754A (CHILDREN’S POOL) ANNUAL PRE-SEASON PM SERVICE -Disassemble heater to inspect and clean upper cabinet and fan assemblies. -De-soot and/or clean heat exchanger and inspect for any irregularities. 45635.01000\8520199.1 B-2 -Test flame failure detection system and pilot turndown. -Test high limit and operating temperature. -Replace flame sensor. -Replace LWCO board. -Conduct a combustion test at full fire. -Check valve coil for 60 cycle hum and check for leaks at all valve fittings. -Perform leakage test on gas valves. -Inspect and clean burner. -Check sediment trap and gas strainers. -Check flame failure detection system. -Replace igniter. -Check flame signal strength, firing rate control and manifold. -Pressure Test safety/safety relief valves. -Replace filters. -Test and set inlet water temperature and delta temperature. -Restore heater to normal operations. RAYPAK 407AL (SLIDE POOL) ANNUAL PRE-SEASON PM SERVICE -Isolate electrical, water and gas flow to heater. -Remove front door of heater. -Remove burner tray. -Remove burners, wire brush, remove soot, power air dry. -Brush heat exchanger, power vacuum fins clean. -Remove and replace pilot assembly. -Test and adjust gas valves. -Clean, test and adjust blowers. -Wipe down heater shell to remove surface dust. -Restore normal operations and verify safe and efficient operations. EPD 5 Tank Filtration System (MAIN POOL) ANNUAL PRE-SEASON PM SERVICE -Shut off circulation and isolate power from main breaker panel. -Drain water from filter tanks to remove manway covers and inspect filter bodies. -Perform media inspection and confirm no channeling or voids within media bed. -Supply new manway gasket and install cleaned manway cover. -Restore power to restart circulation and perform filter backwash. -Inspect backwash valves to ensure there are no cracks or leaks. -Confirm flow rate satisfies health department requirements for proper turnover. EPD 1 TANK FILTRATION SYSTEM (CHILD’S POOL) ANNUAL PRE-SEASON PM SERVICE -Shut off circulation and isolate power from main breaker panel. -Drain water from filter tanks to remove manway covers and inspect filter bodies. -Perform media inspection and confirm no channeling or voids within media bed. -Supply new manway gasket and install cleaned manway cover. -Restore power to restart circulation and perform filter backwash. -Inspect backwash valves to ensure there are no cracks or leaks. 45635.01000\8520199.1 B-3 -Confirm flow rate satisfies health department requirements for proper turnover. EPD 1 TANK FILTRATION SYSTEM (SLIDE POOL) ANNUAL PRE-SEASON PM SERVICE -Shut off circulation and isolate power from main breaker panel. -Drain water from filter tanks to remove manway covers and inspect filter bodies. -Perform media inspection and confirm no channeling or voids within media bed. -Supply new manway gasket and install cleaned manway cover. -Restore power to restart circulation and perform filter backwash. -Inspect backwash valves to ensure there are no cracks or leaks. -Confirm flow rate satisfies health department requirements for proper turnover. EPD BACKWASH VALVE SERVICE (5 VALVES MAIN POOL) ANNUAL PRE-SEASON PM SERVICE -Shut off circulation and isolate power from main breaker panel. -Remove Victaulic clamps and slide Victaulic gaskets off sealing point. -Remove backwash valve from circulation and disassemble. -Inspect and rebuild valve with new diaphragms, seals, and o-rings. -Install three (3) new grooved pipe seals onto each backwash valve. -Place valve back onto filter and connect to circulation. -Seat new grooved pipe seals and secure Victaulic clamps joining plumbing and valve. -Restore power to restart circulation and confirm leak free operation. -Perform backwash to verify cleaning of the filters and a differential pressure drop. EPD BACKWASH VALVE SERVICE (1 VALVE CHILD’S POOL) ANNUAL PRE-SEASON PM SERVICE -Shut off circulation and isolate power from main breaker panel. -Remove Victaulic clamps and slide Victaulic gaskets off sealing point. -Remove backwash valve from circulation and disassemble. -Inspect and rebuild valve with new diaphragms, seals, and o-rings. -Install three (3) new grooved pipe seals onto each backwash valve. -Place valve back onto filter and connect to circulation. -Seat new grooved pipe seals and secure Victaulic clamps joining plumbing and valve. -Restore power to restart circulation and confirm leak free operation. -Perform backwash to verify cleaning of the filters and a differential pressure drop. EPD BACKWASH VALVE SERVICE (1 VALVE SLIDE POOL) ANNUAL PRE-SEASON PM SERVICE -Shut off circulation and isolate power from main breaker panel. -Remove Victaulic clamps and slide Victaulic gaskets off sealing point. -Remove backwash valve from circulation and disassemble. -Inspect and rebuild valve with new diaphragms, seals, and o-rings. -Install three (3) new grooved pipe seals onto each backwash valve. -Place valve back onto filter and connect to circulation. -Seat new grooved pipe seals and secure Victaulic clamps joining plumbing and valve. -Restore power to restart circulation and confirm leak free operation. 45635.01000\8520199.1 B-4 -Perform backwash to verify cleaning of the filters and a differential pressure drop. CHLORINE CHEMICAL METERING PUMPS & STRANTROL CO2 SOLENOID VALVE: ANNUAL REBUILD AND REPLACEMENT (METERING PUMP FOR CHLORINE DELIVERY IN MAIN POOL) LMI M131-11S METERING PUMP ANNUAL PRE-SEASON PM SERVICE -Shut off chemical metering pumps and remove from supply. -Disassemble pump wet ends to rebuild with EMEC rebuild kit. -Replace diaphragm, o-rings, seals and check valves to reassemble pump head. -Remove chemical suction and discharge tubing. -Clean injector and connect to new tubing with new fittings. -Restore power to restart pumps and confirm pump priming and proper operation. STENNER 45M5 CHLORINE FEED PUMP ANNUAL PRE-SEASON PM SERVICE (CHILDREN’S AND SLIDE POOL – 2 PUMPS TOTAL) -Shut off chemical metering pumps and remove from supply. -Disassemble pump wet ends to rebuild with EMEC rebuild kit. -Replace diaphragm, o-rings, seals and check valves to reassemble pump head. -Remove chemical suction and discharge tubing. -Clean injector and connect to new tubing with new fittings. -Restore power to restart pumps and confirm pump priming and proper operation. CONCEPT ACID FEED PUMPS ANNUAL PRE-SEASON PM SERVICE (ALL POOLS – 3 PUMPS TOTAL) -Shut off chemical metering pumps and remove from supply. -Disassemble pump wet ends to rebuild with EMEC rebuild kit. -Replace diaphragm, o-rings, seals and check valves to reassemble pump head. -Remove chemical suction and discharge tubing. -Clean injector and connect to new tubing with new fittings. -Restore power to restart pumps and confirm pump priming and proper operation. STRANTROL CO2 SOLENOID VALVE REBUILD/REPLACEMENT WK-113-00001 MINI SOLENOID VALVE REBUILD, PHMTS Equipment Description Main Swimming Pool Equipment: • EPD501 automatic filtration system with microprocessor and pressure amplification system • Strantrol 3i chemical controller • LMI M131-11S chlorine metering pump + Prominet Concept Plus Acid Pump • Strantrol CO2-9 CO2 feed system • Raypak MVB—H7-2004 Children’s Pool Equipment: 45635.01000\8520199.1 B-5 • EPD501 automatic filtration system with microprocessor and pressure amplification system • Strantrol Setpoint chemical controller • Stenner 45M5 chlorine metering pump + Prominet Concept Plus Acid Pump • Strantrol CO2-9 CO2 feed system • Raypak MVB –P-754A Slide Pool Equipment: • EPD501 automatic filtration system with microprocessor and pressure amplification system • Strantrol Setpoint nx Chemical Controller • Stenner 45M5 chlorine metering pump + Prominet Concept Plus Acid Pump • Strantrol CO2-9 CO2 feed system • Raypak 407 AL 45635.01000\8520199.1 C-1 EXHIBIT “C” COMPENSATION Monthly Service Rate: $360 x 12 = $4,320 Quarterly Service Rate: $120 x 4 = $480 Pre-Season Annual Service Rate: = $11,548 Total Annual Service = $16,348 Per hour rate for repair work: = $175 Per hour rate for repair work (emergency): = $225