2014-045 PURCHASE APPROVAL FORM
TO: DARREN GRAY, CITY MANAGER
THRU: DAVE TESKE, PARKS AND RECREATION DIRECTOR
FROM: FREDDY SUAREZ, PURCHASING MANAGER
SUBJECT: SWIMMING POOL MAINTENANCE AND REPAIR SERVICES AGREEMENT
DATE: JUNE 3, 2014
THE PURCHASING MANAGER RECOMMENDS THE FOLLOWING
1. APPROVE: Agreement between the City of Clermont and Clawges Industries, Inc. d/b/a
1 Stop Pool Pros to provide swimming pool maintenance and repair services in the
estimated annual amount of $10,200.84 The contract period begins the date of
execution by both parties and shall end three (3) years thereafter. The City reserves the
right to renew the contract for three (3)additional one (1) year term.
2. Why is this action necessary: In accordance with the City of Clermont Purchasing
Policy, the City Manager is authorized to approve purchases under $50,000 that do not
require a budget amendment.
3. ADDITIONAL INFORMATION: The Purchasing Manager issued a Request for Bid
(RFB) number 14-024 to acquire the services of a company to furnish all labor,
materials, chemical and tools necessary to provide the pool maintenance and repair
services at the Arts & Recreation Center. There was only one (1) responses to the RFB
from Clawges Industries, Inc. d/b/a 1 Stop Pool Pros. This is a first time term contract
for pool maintenance and repair services and there is no previous history for
comparison. Based on open market comparison, the price is considered fair and
reasonable The RFB was fully competed, advertised, and complies with the City of
Clermont Purchasing Policy.
4 EXHIBITS: Response Tabulation
Swimming Pool Maintenance and Repair Services Agreement
APPROV L AUTHORITY
Approved Disapproved ❑
Reason/Suggestion (If disapproved)
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/
Title Date
° J
SWIMMING POOL MAINTENANCE AND REPAIR SERVICES AGREEMENT
THIS AGREEMENT,made and entered into this 4'day of Soh e 2014,
A.D., by and between the City of Clermont, 685 West Montrose Street, Clermont, Florida
(hereinafter referred to as "OWNER"), and CLAWGES INDUSTRIES, INC., d/b/a 1
STOP POOL PROS, 404 East Division St., Clermont, FL 34711 (hereinafter referred to
as "COMPANY").
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
ARTICLE I - SCOPE OF WORK
The COMPANY shall furnish all labor, materials, chemical, equipment, machinery, tools,
and transportation required to perform all of the work described in the bid documents and
specifications entitled:
RFB No. 14-024—Swimming Pool Maintenance and Repair Services
as prepared by Owner and its agents shall do everything required by this Contract and the
other Contract Documents contained in the specifications, which are a part of these
Documents.
ARTICLE II - THE CONTRACT SUM
The CITY shall pay to the COMPANY for the faithful, accurate and complete
performance of the services contemplated herein and based on authorized and approved
request for services as described in the Contract Documents, an amount as set forth in the
COMPANY'S Price Schedule included and made a part of COMPANY'S response to
RFB No. 14-024 and as set forth in Exhibit"A"attached hereto and incorporated herein.
ARTICLE III—PROVISION OF SERVICES AND COMPLETION OF WORK
1. The COMPANY shall provide to CITY swimming pool maintenance and repair
services upon receipt of an authorized work order from CITY and shall provide
the services in the manner and timeframe and as set forth in RFB No. 14-024 and
Exhibit`B"attached hereto and incorporated herein.
2. COMPANY, upon receipt of a request for service hereunder shall immediately
notify CITY if it has an issue or question related to the fulfillment of the order or
whether there will be any delay in providing the services requested.
3. It is expressly understood and agreed that the passing, approval and/or acceptance
of any repair services contemplated herein by CITY or by any agent or
representative as in compliance with the terms of this Contract shall not,operate as
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a waiver by the CITY of strict compliance with the terms of this Contract and the
CITY.
4. COMPANY specifically acknowledges that this Contract does not bind or
obligate CITY to purchase any minimum quantity of services at anytime dunng
the term hereof.
ARTICLE IV - PAYMENTS
In accordance with the provisions fully set forth in the Contract Documents as provided,
the OWNER shall pay the COMPANY within thirty (30) days of the receipt of a valid
and accurate invoice for services provided during the prior month. The invoice shall not
become due and payable until approved by OWNER. COMPANY shall not bill OWNER
more frequently then one time per month.
ARTICLE V—TERM AND TERMINATION
1. This Contract shall take effect upon the date that it is last executed by the parties
as set forth below and, unless terminated as provided below, will continue in
effect for three (3) years thereafter, whereupon it shall automatically expire,
unless renewed by CITY as provided herein. CITY at its sole option shall, upon
written notice to COMPANY, have the right to renew this contract for three (3)
additional one (1) year terms at the same pricing and under the same payment
terms as set forth in Exhibit"A".
2. This Contract may be terminated by either party at any time for cause. CITY may
terminate this Contract without cause and for any reason upon thirty (30) days
written notice to COMPANY. In the event of termination for without cause,
CITY shall pay COMPANY in accordance herewith for all services provided and
accepted by CITY prior to the effective date of said termination.
ARTICLE VI— DISPUTE RESOLUTION - MEDIATION
1. Any claim, dispute or other matter in question arising out of or related to this
Agreement shall be subject to mediation as a condition precedent to voluntary
arbitration or the institution of legal or equitable proceedings by either party.
2. The Owner and COMPANY shall endeavor to resolve claims, disputes and other
matters in question between them by mediation.
3. The parties shall share the mediator's fee and any filing fees equally. The
mediation shall be held in the place where the Project is located, unless another
location is mutually agreed upon. Agreements reached in mediation shall be
enforceable as settlement agreements in any court having jurisdiction thereof.
2
ARTICLE VII—INSURANCE, INDEMNIFICATION RIDER AND SAFETY
1. Worker's Compensation Insurance - The COMPANY shall take out and
maintain during the life of this Agreement Worker's Compensation Insurance for all his
employees connected with the work of this Project and, in case any work is sublet, the
COMPANY shall require the subCOMPANY similarly to provide Worker's
Compensation Insurance for all of the latter's employees unless such employees are
covered by the protection afforded by the COMPANY. Such insurance shall comply
with the Florida Worker's Compensation Law. In case any class of employees engaged in
hazardous work under this contract at the site of the Project is not protected under the
Worker's Compensation statute, the COMPANY shall provide adequate insurance,
satisfactory to the Owner, for the protection of employees not otherwise protected.
2. COMPANY's Public Liability and Property Damage Insurance - The
Contactor shall take out and maintain during the life of this Agreement Comprehensive
General Liability and Comprehensive Automobile Liability Insurance as shall protect it
from claims for damage for personal injury, including accidental death, as well as claims
for property damages which may anse from operating under this Agreement whether
such operations are by itself or by anyone directly or indirectly employed by it, and the
amount of such insurance shall be minimum limits as follows:
(a) COMPANY's Comprehensive General, $1,000,000 Each
($2,000,000 aggregate)
Liability Coverages, Bodily Injury Occurrence, & Property Damage
Combined Single Limit
(b) Automobile Liability Coverages, $1,000,000 Each
Bodily Injury& Property Damage Occurrence,
Combined Single Limit
(c) Excess Liability, Umbrella Form $2,000,000
Each Occurrence, Combined Single Limit
Insurance clause for both BODILY INJURY AND PROPERTY
DAMAGE shall be amended to provide coverage on an occurrence basis.
3. SubCOMPANY's Public Liability and Property Damage Insurance - The
COMPANY shall require each of his subCOMPANYs to procure and maintain during the
life of this subcontract, insurance of the type specified above or insure the activities of his
subCOMPANYs in his policy, as specified above.
4. Owner's and COMPANY's Protective Liability Insurance - The Owner
shall procure and furnish an Owner's and COMPANY's Protective Liability Insurance
Policy with the following minimum limits:
(a) Bodily Injury Liability& $1,000,000 each ($2,000,000 aggregate)
Property Damage Liability Occurrence
Combined Single Limit
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5. Indemnification Rider
(a) To cover to the fullest extent permitted by law, the COMPANY shall
indemnify and hold harmless the Owner and its agents and employees
from and against all claims, damages, losses and expenses, including
but not limited to attorney's fees, arising out of or resulting from the
performance of the Work, provided that any such claim, damage, loss
or expense (1) is attributable to bodily injury, sickness, disease or
death, or to injury to or destruction of tangible property (other than the
Work itself) , and (2) is caused in whole or in part by any negligent act
or omission of the COMPANY, any subCOMPANY, anyone directly
or indirectly employed by any of them or anyone for whose acts any of
them may be liable, regardless of whether or not it is caused in part by
a party indemnified hereunder. Such obligation shall not be construed
to negate, abridge, or otherwise reduce any other nght to obligation of
indemnity which would otherwise exist as to any party or person
described in this Article.
(b) In any and all claims against the Owner or any of its agents or
employees by any employee of the COMPANY, any subCOMPANY,
anyone directly or indirectly employed by any of them or anyone for
whose acts any of them may be liable, the indemnification obligations
under this Paragraph shall not be limited in any way by any limitation
on the amount or type of damages, compensation or benefits payable
by or for the COMPANY or any subCOMPANY under workers' or
workmen's compensation acts, disability benefit acts or other
employee benefit acts.
(c) The COMPANY hereby acknowledges receipt of ten dollars and other
good and valuable consideration from the Owner for the
indemnification provided herein.
6. Safety — At all times while performing the services contemplated herein
COMPANY agrees to comply with OWNER'S published safety standards. A copy of
these standards is attached hereto and incorporated herein as Exhibit `B".
CONSULTANT shall have full responsibility and assume all liability for the safety and
supervision of its employees while performing services provided hereunder.
ARTICLE VIII -NOTICES
All notices shall be in wnting and sent by United States mail, certified or registered, with
return receipt requested and postage prepaid, or by nationally recognized overnight
courier service to the address of the party set forth below. Any such notice shall be
deemed given when received by the party to whom it is intended.
COMPANY: Clawges Industries, Inc. d/b/a 1 Stop
4
Clawges Industries, Inc. d/b/a 1 Stop
Pool Pros
404 East Division St.
Clermont, FL 34711
Attn.: Enc Clawges, President
OWNER: City of Clermont
Attn: Darren Gray, City Manager
685 W. Montrose Street
Clermont, FL 34711
ARTICLE IX—MISCELLANEOUS
1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret
any provision of this agreement, the prevailing party shall be entitled to recover
such sum as the Court may adjudge reasonable as attorneys' fees at tnal or on any
appeal, in addition to all other sums provided by law.
2. Waiver. The waiver by city of breach of any provision of this agreement shall not
be construed or operate as a waiver of any subsequent breach of such provision or
of such provision itself and shall in no way affect the enforcement of any other
provisions of this agreement.
3. Severability. If any provision of this agreement or the application thereof to any
person or circumstance is to any extent invalid or unenforceable, such provision,
or part thereof, shall be deleted or modified in such a manner as to make the
agreement valid and enforceable under applicable law, the remainder of this
agreement and the application of such a provision to other persons or
circumstances shall be unaffected, and this agreement shall be valid and
enforceable to the fullest extent permitted by applicable law.
4. Amendment. Except for as otherwise provided herein, this agreement may not be
modified or amended except by an agreement in writing signed by both parties.
5. Entire Agreement. This agreement including the documents incorporated by
reference contains the entire understanding of the parties hereto and supersedes all
prior and contemporaneous agreements between the parties with respect to the
performance of services by COMPANY.
6. Assignment. This agreement is personal to the parties hereto and may not be
assigned by COMPANY, in whole or in part, without the prior written consent of
city.
7. Venue. The parties agree that the sole and exclusive venue for any cause of
action ansing out of this agreement shall be Lake County, Florida.
5
8. Applicable Law. This agreement and any amendments hereto are executed and
delivered in the State of Florida and shall be governed, interpreted, construed and
enforced in accordance with the laws of the State of Florida.
9. Public Records. COMPANY expressly understands records associated with this
project are public records and agrees to comply with Florida's Public Records
law, to include, to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the OWNER in order to perform the services contemplated herein.
(b) Provide the public with access to public records on the same terms and
conditions that the OWNER would provide the records and at a cost that does not
exceed the cost provided in this Florida's Public Records law or as otherwise
provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by
law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to
the OWNER all public records in possession of the COMPANY upon termination
of the contract and destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. All records
stored electronically must be provided to the OWNER in a format that is
compatible with the information technology systems of the OWNER.
ARTICLE X - CONTRACT DOCUMENTS
The Contract Documents, as listed below are herein made fully a part of this Contract as
if herein repeated.
Document Precedence:
1. Contract Agreement
3. All documents contained in RFB 14-024 Swimming Pool Maintenance and Repair
Services, including any and all addenda and amendment thereto, and
COMPANY's May 15, 2014 response thereto.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this -7rday of n—Lc. h . z 2014.
City of C ermont
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Clawges Industnes, Inc. d/b/a 1 Stop Pool Pros
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Attest:
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(Name Printed or Typed)
7
EXHIBIT A
SECTION — C
PRICE SCHEDULE
NOTE: The quantities shown in the Price Schedule are estimates only They may vary significantly from
the actual quantities ordered by the City Payment shall be for the units ordered, placed, and accepted by
the City By signing this form, the respondent fully acknowledges that there will be no additional
compensation (no overhead, no anticipated profits, etc.) other than the unit price of the items times the
number of items authorized, ordered, placed, and accepted by the City
,-- Description Qty/Unit Unit Price " Total
Pool Maintenance(Includes three full service � -3 Wee/Tt y
1 3/Days per week) s 9e r /7
As Needed Maintenance (extra cost per day 1 / Day AS Me e '
maintenance) 4r ' ,)
‘s; a
Grand Total
At 3 days per we elf .Ser vie,e q71 6S; 3 y per d
Uh j f r ric -e = 7( / / 6 , / 7rer week
t ' A .S n e e ole d a d eb, //o i.,, ,,,i ro Afar e k^ 4 li c e
/-S 45 f/ere 1 a /- 'CS-/° er del
By signing below, the respondent agrees to all terms, conditions, and sp'ecifications as stated in this
solicitation, and is acting in an authorized capacity to execute this response The respondent also
certifies that it can and will provide and make available, at a minimum, the items set forth in this
solicitation. ,
•
Respondent Information and Signature/� t �.Company Name(pnnt).0/€ier• t,1�5,%/e�S , c• JI ,i' to / ',//Q.s-
Street Address- 17461/ ER 7 Diy4r/r e ol Nit j t/e r,An a /'L S et-]//
Marling Address Of different)
Telephone ?SZ 2'71.3— 74 44— Fax 3 S2- 2.92 - Z g Z 7
Email G G/4 wq e-3 V - p/ea/4 as'.Lo1�n Payment Terms % days,net3 6
FEIN S`9 - 3S-g 6 2.1742_, Professional. License No C/36 as-7 3 O I
Signature Date 1/4..c f f // t
Print Name G/r�`C Gnu w,yes Title fr-e s/` e en /-H
Does the respondent accept payment using the City's MASTERCARD? Yes ❑ No 1
END OF SECTION —C
RFB No 14-024
Page 12 of 28
EXHIBIT B
SECTION — B
STATEMENT OF WORK
The work to be performed consists of providing maintenance, cleaning, repair services
including labor and all chemicals required to maintain two (2) swimming pools and one
(1) spa located at the Celebration Center, 3700 S. Hwy 27, Clermont All work shall be
coordinated with the Facility Manager, Suzanne O'Shea. The three pools consists of
the following
1 Main Pool — 80,784 gallons
2 Kiddie Pool — 2,525 gallons
3 Spa — 3,950 gallons
1 — MAINTENANCE
Pool maintenance shall consist of the following
• Clean all skimmer and pump baskets associated with the pool and spa;
• Water chemistry analysis; based on the Langelier Saturation Index & also NSPS
guidelines;
• Checking chemical balance and adding chemicals as required to meet the health
department, the National Swimming Pool Foundation (NSPS) standards,
• All chemicals needed to treat the pool/spa water under normal conditions are
provided with the service,
• Check ISO acid and total alkalinity once per month and adjust accordingly,
• Skim water surface to remove floating matter,
• Brush pool/spa walls, and water line tile;
• Vacuuming bottom of pool and spa;
• Backwashing/Cleaning of DE filters depending on pool;
• Inspect pool equipment areas and related equipment;
• Fill out log books during each visit that will stay at pool site.
2 — FILTER CLEANING
All sand and/or DE and/or cartridge filters related to the pool, spa, and kiddie pool must
be cleaned at a minimum of once a week or as needed as decrease in gallons per
minute exceeds tern percent (10%) from the regular flow per minute. The City will
provide gallon per minute information for each pool It is critical for the filter to run in
order to maintain clean water, replacement parts for the filters (elements, manifolds, and
0-rings) may be replaced without prior approval as long as they are under $15 There
RFB No 14-024
Page 9 of 28
SECTION — B
STATEMENT OF WORK
may be more frequent filter cleanings due to bather load, amount of debris, or other
conditions beyond owner control.
3 — REPAIRS / INSTALLATION
Parts such as baskets, life rings, and other equipment required by the health
department will be replaced as needed by the City. Any repairs should be agreed upon
by owner prior to any work being done by the City of Clermont.
4— CLEANING TIMES AND REQUIREMENTS
Maintenance cleaning and services should be performed between the hours of 8.00
A.M and 1000 A M. at a frequency of no less than three times per week. Adjustments
as to times of day may be made with the consent of the Facility Manager or designee
5—APPURTENANCES
Successful respondent will be responsible for all adjustments, above ground leaks,
piping and equipment, repairs and/or replacements of all appurtenances to the pools
Such work may be required on either maintenance or an emergency basis according to
the needs of the City
6 —TROUBLE SHOOTING
Successful respondent may be contacted to advise the Facility Manager or designee of
any problems, potential leaks, potential motor breakdown, etc. It is the successful
respondent responsibility to report any malfunction of equipment or potential problems
immediately to the Facility Manager or designee All repairs must be authorized by the
Facility Manager.
7 — MSDS
Successful respondent shall provide copies of the Material Safety Data Sheets (MSDS)
for all chemicals supplied MSDS shall include information on all ingredients contained
in each chemical as well as all poison information including all recommended
procedures for antidote in case of accidental ingestion.
8 — RESPONSE TIME
A qualified pool technician shall respond within thirty (30) minutes by telephone to
emergency calls (seven days per week) and will be expected to be on site within two (2)
hours after initial response. If it is not possible to be on site within the time frame
RFB No 14-024
Page 10 of 28
SECTION — B
STATEMENT OF WORK
specified, the successful respondent will contact the Facility Manager or designee within
that time and a mutual agreement will be made
9 — KEYS AND LOCKS
Successful respondent will be issued a set of pool keys during each visit A $10 00 fee
will be charged for each key that is lost. Successful respondent shall be responsible to
see that all doors, locks and accesses used to enter the pool are kept secure and
locked after completing the services
10 — EXPERIENCE
Successful respondent shall have no less than five (5) years experience in working with
commercial swimming pool maintenance and repair Respondents shall provide
evidence of experience with their response, including but not limited to, maintenance of
all records meeting DOH / NSPS requirements and standards Failure to provide such
experience will result in respondent's bid being non-responsive
END OF SECTION — B
RFB No 14-024
Page 11 of 28