CONTRACT 5735 On Call Agreement CLOSEDAgreement No. 5735
ON-CALL SERVICES AGREEMENT
, BETWEEN
THE CITY OF EL SEGUNDO AND
SEA CLEAR POOLS, INC.
THIS MAINTENANCE, REPAIR AND SERVICES AGREEMENT ("Agreement") is
made and entered into this 2nd day of July, 2019, by and between the CITY OF EL SEGUNDO,
a general law city and municipal corporation ("CITY") and SEA CLEAR POOLS, INC., a
California corporation ("CONTRACTOR"). The Parties agree as follows:
1. CONSIDERATION.
A. As partial consideration, CONTRACTOR agrees to perform the work listed in the
SCOPE OF SERVICES, "exhibit A" attached;
B. As additional consideration, CONTRACTOR and CITY agree to abide by the
terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONTRACTOR for
CONTRACTOR's services an amount not to exceed a total of $35,880 (THIRTY
FIVE THOUSAND EIGHT HUNDRED EIGHTY) for the term of the agreement.
CITY will pay for work on the basis of the rates as specified in the attached
Exhibit "A", which is incorporated by reference.
2. TERM. The term of this Agreement will be retroactively effective from July I, 2019 to June
30, 2020.
3. SCOPE OF SERVICES.
A. CONTRACTOR will perform services listed in the attached Exhibit A.
B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor,
technical, administrative, professional and other personnel, all supplies and
materials, equipment, printing, vehicles, transportation, office space and facilities,
and all tests, testing and analyses, calculation, and all other means whatsoever,
except as herein otherwise expressly specified to be furnished by CITY, necessary
or proper to perform and complete the work and provide the professional services
required of CONTRACTOR by this Agreement.
4. PREVAILING WAGES.
A. Pursuant to Labor Code § 1720, and as specified in 8 California Code of
Regulations § 16000, CONTRACTOR must pay its workers prevailing wages. It
is CONTRACTOR's responsibility to interpret and implement any prevailing
wage requirements and CONTRACTOR agrees to pay any penalty or civil
damages resulting from a violation of the prevailing wage laws.
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Agreement No. 5735
B. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem
wages are available upon request from CITY's Engineering Division or the
website for State of California Prevailing wage determination at
l tt1)://%%'%%N,�,.dir.ca.Lov'/DLSI�/IIWD. CONTRACTOR must post a copy of the
prevailing rate of per diem wages at the job site.
C. CITY directs CONTRACTOR's attention to Labor Code §§ 1777.5, 1777.6 and
3098 concerning the employment of apprentices by CONTRACTOR or any
subcontractor.
D. Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing
tradesmen in any apprenticeship occupation to apply to the joint apprenticeship
committee nearest the site of the public works project and which administers the
apprenticeship program in that trade for a certificate of approval. The certificate
must also fix the ratio of apprentices to journeymen that will be used in the
performance of the contract. The ratio of apprentices to journeymen in such cases
will not be less than one to five except:
i. When employment in the area of coverage by the joint apprenticeship
committee has exceeded an average of 15 percent in the 90 days before the
request for certificate, or
ii. When the number of apprentices in training in the area exceeds a ratio of
one to five, or
iiia When the trade can show that it is replacing at least 1/30 of its
membership through apprenticeship training on an annual basis state-wide
or locally, or
iv. When CONTRACTOR provides evidence that CONTRACTOR employs
registered apprentices on all of his contracts on an annual average of not
less than one apprentice to eight journeymen.
V. CONTRACTOR is required to make contributions to funds established for
the administration of apprenticeship programs if CONTRACTOR employs
registered apprentices or journeymen in any apprenticeable trade on such
contracts and if other contractors on the public works site are making such
contributions.
vi. CONTRACTOR and any subcontractor must comply with Labor Code §§
1777.5 and 1777.6 in the employment of apprentices.
vii. Information relative to apprenticeship standards, wage schedules and other
requirements may be obtained from the Director of Industrial Relations,
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Agreement No. 5735
ex -officio the Administrator of Apprenticeship, San Francisco, California,
or from the Division of Apprenticeship Standards and its branch offices.
E. CONTRACTOR and its subcontractors must keep an accurate certified payroll
records showing the name, occupation, and the actual per diem wages paid to each
worker employed in connection with this Agreement. The record will be kept
open at all reasonable hours to the inspection of the body awarding the contract
and to the Division of Labor Law Enforcement. If requested by CITY,
CONTRACTOR must provide copies of the records at its cost.
5. PAYMENTS.
A. For CITY to pay CONTRACTOR as specified by this Agreement,
CONTRACTOR must submit a detailed invoice to CITY.
B. In the event the total amount paid to CONTRACTOR pursuant to this Agreement
exceeds $35.880 any further amendment must be approved by the City Manager.
6. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR
has
Thoroughly investigated and considered the scope of services to be
performed;
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B. If services involve work upon any site, CONTRACTOR warrants that
CONTRACTOR has or will investigate the site and is or will be fully acquainted
with the conditions there existing, before commencing the services hereunder.
Should CONTRACTOR discover any latent or unknown conditions that may
materially affect the performance of the services, CONTRACTOR will
immediately inform CITY of such fact and will not proceed except at
CONTRACTOR's own risk until written instructions are received from CITY.
7. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this
Agreement is effective, CONTRACTOR will procure and maintain the following
types of insurance with coverage limits complying, at a minimum, with the limits
set forth below:
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Tvee of Insurance
Commercial general liability:
Business automobile liability
Workers compensation
Agreement No. 5735
Limits (combined sinele),
$2,000,000
$1,000,000
Statutory requirement.
B. Commercial general liability insurance will meet or exceed the requirements of
ISO -CGL Form No. CG 00 01 11 85 or 88, or equivalent. The amount of
insurance set forth above will be a combined single limit per occurrence for bodily
injury, personal injury, and property damage for the policy coverage. Liability
policies will be endorsed to name City, its officials, and employees as "additional
insureds" under said insurance coverage and to state that such insurance will be
deemed "primary" such that any other insurance that may be carried by City will
be excess thereto. Such insurance will be on an "occurrence," not a "claims
made," basis and will not be cancelable or subject to reduction except upon thirty
(30) days prior written notice to City.
C. Automobile coverage will be written on ISO Business Auto Coverage Form CA
00 01 06 92, including symbol 1 (Any Auto).
D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement,
endorsements as required herein, and such other evidence of insurance or copies
of policies as may be reasonably required by City from time to time. Insurance
must be placed with insurers with a current A.M. Best Company Rating
equivalent to at least a Rating of "A:Vil" Certificate(s) must reflect that the
insurer will provide thirty (30) day notice of any cancellation of coverage.
CONTRACTOR will require its insurer to modify such certificates to delete any
exculpatory wording stating that failure of the insurer to mail written notice of
cancellation imposes no obligation, and to delete the word "endeavor" with regard
to any notice provisions.
E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance
required by this Agreement, City may obtain such coverage at CONTRACTOR's
expense and deduct the cost of such insurance from payments due to
CONTRACTOR under this Agreement or terminate.
8. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this
Agreement until:
A. CONTRACTOR furnishes proof of insurance as required under Section 7 of this
Agreement; and
B. CITY gives CONTRACTOR a written Notice to Proceed.
C. Should CONTRACTOR begin work in advance of receiving written authorization
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Agreement No. 5735
to proceed, any such professional services are at CONTRACTOR's own risk.
9. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time
with or without cause. Notice of termination will be in writing.
B. CONTRACTOR may terminate this Agreement upon providing written notice to
CITY at least thirty (30) days before the effective termination date.
C. Should the Agreement be terminated pursuant to this Section, CITY may procure
on its own terms services similar to those terminated.
D. By executing this document, CONTRACTOR waives any and all claims for
damages that might otherwise arise from CITY's termination under this Section.
10. INDEMNIFICATION.
A. CONTRACTOR indemnifies and holds CITY harmless from and against any
claim, action, damages, costs (including, without limitation, reasonable
attorney's fees and penalties), injuries, or liability, arising out of this
Agreement, or its performance. Should CITY be named in any suit, or
should any claim be brought against it by suit or otherwise, whether the same
be groundless or not, arising out of this Agreement, or its performance,
CONTRACTOR will defend CITY (at CITY's request and with counsel
satisfactory to CITY) and will indemnify CITY for any judgment rendered
against it or any sums paid out in settlement or otherwise.
B. For purposes of this section "CITY" includes CITY's officers, officials,
employees, agents, representatives, and volunteers.
C. CONTRACTOR expressly agrees that this release, waiver, and indemnity
agreement is intended to be as broad and inclusive as is permitted by the law of
the State of California and that if any portion is held invalid, it is agreed that the
balance will, notwithstanding, continue in full legal force and effect.
D. It is expressly understood and agreed that the foregoing provisions will survive
termination of this Agreement.
E. The requirements as to the types and limits of insurance coverage to be
maintained by CONTRACTOR as required by this Agreement, and any approval
of said insurance by CITY, are not intended to and will not in any manner limit or
qualify the liabilities and obligations otherwise assumed by CONTRACTOR
pursuant to this Agreement, including, without limitation, to the provisions
concerning indemnification.
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Agreement No. 5735
11. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that
CONTRACTOR will act as an independent contractor and will have control of all work and the
manner in which it is performed. CONTRACTOR will be free to contract for similar service to
be performed for other employers while under contract with CITY. CONTRACTOR is not an
agent or employee of CITY and is not entitled to participate in any pension plan, insurance,
bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that
may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work
or to exercise a measure of control over the work means that CONTRACTOR will follow the
direction of the CITY as to end results of the work only.
12. NOTICES.
A. All notices given or required to be given pursuant to this Agreement will be in
writing and may be given by personal delivery or by mail. Notice sent by mail
will be addressed as follows:
To CITY: Ken Berkman
City of El Segundo
350 Main Street
El Segundo, CA 90245
To CONTRACTOR: Bill Szieff
Sea Clear Pools, Inc.
23316 So. Normandie Ave.
Torrance, CA 90504
310-891-3073/310-505-4343
bszieff@seaclearpools.com
B. When addressed in accordance with this paragraph, notices will be deemed given
upon deposit in the United States mail, postage prepaid. In all other instances,
notices will be deemed given at the time of actual delivery.
C. Changes may be made in the names or addresses of persons to whom notices are
to be given by giving notice in the manner prescribed in this paragraph.
13. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a
Taxpayer Identification Number.
14. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained
in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained in this Agreement, whether of the same or different
character.
15. CONSTRUCTION. The language of each part of this Agreement will be construed simply
and according to its fair meaning, and this Agreement will never be construed either for or
against either party.
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Agreement No. 5735
16. SEVERABLE. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the
extent necessary in the opinion of the court to render such portion enforceable and, as so
modified, such portion and the balance of this Agreement will continue in full force and effect.
17. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
18. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a
waiver of any other provision, nor will such waiver constitute a continuing waiver.
19. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance
with the laws of the State of California, and exclusive venue for any action involving this
agreement will be in Los Angeles County.
20. AUTHORITY/MODIFICATION. This Agreement is not binding upon CITY until
executed by the City Manager. The Parties represent and warrant that all necessary action has been
taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the
actions described herein. This Agreement may be modified by written agreement. Any amendment
that causes the total amount of this Agreement to exceed $35,880 must be approved by the City
Council in accordance with ESMC § 1-7C-4.
21. ACCEPTANCE OF ELECTRONIC SIGNATURES. The Parties agree that this
Agreement, agreements ancillary to this Agreement, and related documents to be entered into in
connection with this Agreement will be considered signed when the signature of a party is
delivered by electronic (.pdf) or facsimile transmission. Such electronic or facsimile signature
will be treated in all respects as having the same effect as an original signature.
22. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between
any provision of this Agreement, its exhibits, the purchase order, or notice to proceed, the
provisions of this Agreement will govern and control.
23. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
24. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood,
explosion, war, terrorist act, embargo, government action, civil or military authority, the natural
elements, or other similar causes beyond the Parties' control, then the Agreement will
immediately terminate without obligation of either party to the other.
25. ENTIRE AGREEMENT. This Agreement and its exhibit(s) constitutes the sole agreement
between CONTRACTOR and CITY respecting the services described in scope of work. To the
extent that there are additional terms and conditions contained in Exhibit "A" that are not in
conflict with this Agreement, those terms are incorporated as if fully set forth above. There are
no other understandings, terms or other agreements expressed or implied, oral or written.
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Agreement No. 5735
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and
year first hereinabove written.
CITY OF EL SEGUNDO
general aw city.
City Manager
ATTEST:
Tracy Weaver,
City Clerk
am
APPROVED AS TO FORM:
Mark . Hensle-qy,
City Attorney
Insurance Reviewed b°� i'�/ , 1`
y:
SEA CLEAR POOLS, INC.
By: -rf 2019
Its: 'S e c,
Name: W"am—
Title: V;Lo-
Taxpayer ID No. q � --1-,6 10 8 9 0
................. –.11.1 ....... . . . ..... I'll,
Contractor State License No. 6 3 -7 -7
Contractor City Business
License No. 3 0063
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Agreement No. 5735
Sea Clear Pools,,,,,,Inc.
23316 So. Normandie Ave. Torrance CA
T-(310) 891-3073 F- (310) 891-3079
June 27, 2019
Mr. Carlos J. Aguilar
Public Works Department
City of EI Segundo, CA
RE: Revised Pool Service quote:
Mr. Agular:
Please find below the revised costing to provide the service the pools at your
existing "Plunge" pool (Urho Saari Swim Stadium). We now have a full year of
data so are able to reduce the overall costs to help the City save some money.
Please let me know if there is additional information that could help you with.
The service we will provide:
Per service visit:
Provide and maintain accurate on -sight hard copy log book and an electronic
version accessible on line. Hard copies to be stored on site (as required by the
LACDEH), of all readings and adjustments made as well as any repairs or
equipment maintenance performed.
Take manual pool water chemical readings with a LACDEH certified test kit and
record results in both logs.
o Manual and chemical controller reading of: Free, combined, and total
chlorine readings, pH readings. Manual reading only for Total Alkalinity.
o Overall circulation system flow rate before and after filter backwashing.
o Filter inlet and outlet pressures before and after filter backwashing
o Pool water temperature
o Manual pool filling operation
o Pump strainer cleaning
o Chemical system controller review
o Test chemical system rotary safety flow switch
o Chemical injection system review for leaks and potential problems
o Logging all information
o Filter backwashing as pressures and flow dictates.
o Notify City personnel at any time any discrepancies in normal readings
which cannot be recited or are not under your control.
01 Check chemical hopper and acid drum levels:
51 Check chemical injection boost pumps and injection pump.
o Verify settings visually.
Agreement No. 5735
o Visually inspect the pumps and their operation.
o Adjust as needed to maintain pool water balance and clarity.
■ Check chemical injection lines for leaks.
o Visually inspect the tubing and its operation.
• Check water level.
o Check the pool levels and add water manually as needed up to 30
minutes total.
■ Clean the hair and lint strainer.
o Clean out debris.
• Check filter pressure readings.
o Backwash as pressures and flow requires to maintain water clarity.
■ Check manual valve operation when backwashing.
• Check and record flow readings.
r Check recirculation piping and valves for leaks.
• Check heater temperatures and advise if adjustments are needed to ensure
heater life and efficiency.
• Maintain the cleanliness of the pool equipment room for the area we are
responsible for— see monthly section below
10 Check in with front desk / lifeguard staff at each visit (during pool use hours).
Monthlv:
Clean automatic controller sensing probes (as needed).
o Scrub with a mild detergent, rinse with water, shake down like a
thermometer, re -install.
o Wait until sensors have stabilized and standardize controller.
Clean chlorine hopper.
o Remove injector fitting from pipe and remove scale.
o Reapply Teflon tape to fitting and reinstall in pipe.
Take Total Alkalinity, Calcium Hardness, and TDS reading.
o Record in both logs.
Clean the equipment area and chemical storage rooms under our review.
At all times,
One manual log book and an electronic service sheet reporting system will be
used with current pool readings and information available on site and to the
district at all times.
• ALL of Sea Clear Pools employees that will provide any services have the
required LACDEH certification as well as CPO certifications.
it All employees have been both life -scanned and TB tested.
Operational and programing knowledge of the equipment systems in use at the
City of EI Segundo Aquatic facility.
0 Emergency Response 24/7 available:
Agreement No. 5735
+ Company licensing and certification(s):
o Sea Clear Pools holds both the C-53 and D-35 swimming pool building
and service licenses respectively. We are registered with the California
Department of Industrial Relations and are able to comply with the
Prevailing wage / certified payroll requirements.
o Sea Clear Pools does not use any sub -contractors for any part of normal
pool service or maintenance.
o All technicians are full time employees of Sea Clear Pools and drive
Company owned, insured, and maintained vehicles.
Pricing for the above services:
* 2 times per week:
• 3 times per week:
• 5 times per week:
$ 1,390.00 per month.
$ 1,990.00 per month.
$ 2,990.00 per month
Please note that we are registered with the California DIR to pay the proper
Prevailing wage / certified payroll.
References: 50 meter pools: contact information available upon request.
City of Torrance Benstead Plunge pool: 19 years continuous service.
Golden West College: 2 pools (1) 50 meter and one 25 yard. 12 years
continuous service:
Oxnard USD: 4 pools. (1) 50 meter pool, (3) 40 yard by 25 yard pools. 4 years
continuous service:
Local pools:
Cal St Long Beach: (1) lap pool and one large spa. 10 years continuous service.
Jack Kramer Club: 25 meter by 25 yard pool. 19 years of continuous service:
Chadwick School: 25 yard by 15 yard pool. 17 years continuous service: Miguel
Torrance YMCA: (3) pools and (1) spa. 17 years continuous service: Harry
Van:
Additional references available upon request.
Agreement No. 5735
Certifications and license info
California State Contractors Licenses: C-53 and D-35: 637724
Los Angeles County Department of Environmental Health licenses listed below
(these are to a person, not a company, and every technician we employee has
one as required by County law/legislation).
PRO 176768 — Juan Lopez
PRO158458 - William Kent Szieff
PRO158797- William Rasche
PRO160294 - Rafael Ramirez Jr.
PRO159712 - Francisco Rivera
Insurances: Our current insurance certificate(s) are available and we will furnish
them and can add any needed language you desire.
Please call me with any questions or comments. As always, thank you!
Sea Clear Pools, Inc. is a licensed contractor, and is expert in the correct
servicing of all portions of the pool and its equipment.
Sincerely,
Bill Szieff
Sea Clear Pools, Inc.
310-891-3073 Office
310-505-4343 Cell
310-891-3079 Fax
bszief 4seaclearnools.com