HomeMy WebLinkAboutReso 82-25 Approving the Contractor Services Agreement with East Bay Pool Service, Inc forReso. No. 82-25, Item 8.2, Adopted 09/16/2025 Page 1 of 1
RESOLUTION NO. 82 – 25
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE CONTRACTOR SERVICES AGREEMENT WITH EAST BAY POOL SERVICE, INC.
FOR AQUATIC FACILITIES MAINTENANCE
WHEREAS, on November 18, 2024, Staff issued a Request for Proposal (RFP) for Aquatic
Facilities Maintenance at The Wave; and
WHEREAS, the City received three responses to the RFP; and
WHEREAS, Staff reviewed and evaluated the statements of qualifications in accordance with
the RFP rating criteria; and
WHEREAS, the City desires to enter into an agreement with East Bay Pool Service, Inc. for a
not-to-exceed amount of $3,271,000 over a term through June 2031.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby
approve the Agreement with East Bay Pool Service, Inc. attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute the
Agreement, attached hereto as Exhibit A, and make any necessary, non-substantive changes to carry
out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 16th day of September, 2025, by the following vote:
AYES: Councilmembers Josey, McCorriston, Morada, Qaadri
NOES:
ABSENT: Mayor Hu
ABSTAIN:
______________________________
Vice Mayor
ATTEST:
_________________________________
City Clerk
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Services Agreement between October 1, 2025
City of Dublin and East Bay Pool Service Inc.
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CONTRACTOR SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
EAST BAY POOL SERVICE INC.
FOR
AQUATIC FACILITIES MAINTENANCE
THIS AGREEMENT for aquatic facilities maintenance services is made by and between
the City of Dublin (“City”) and East Bay Pool Service Inc. (“Contractor”) (together sometimes
referred to as the “Parties”) as of October 1, 2025 (the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement,
Contractor shall provide to City the services described in the Scope of Work attached as Exhibit
A at the time and place and in the manner specified therein. In the event of a conflict in or
inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date
and shall end on June 30, 2031, unless the term of the Agreement is otherwise
terminated or extended, as provided for in Section 8. The time provided to
Contractor to complete the services required by this Agreement shall not affect
the City’s right to terminate the Agreement, as referenced in Section 8.
Notwithstanding the foregoing, this Agreement may be extended for up to 12
months upon the written consent of the Contractor and the City Manager,
provided that: a) sufficient funds have been appropriated for such purchase, b)
the price charged by the Contractor for the provision of the serves described in
Exhibit A does not increase. None of the foregoing shall affect the City’s right to
terminate the Agreement as provided for in Section 8.
1.2 Standard of Performance. Contractor shall perform all services required
pursuant to this Agreement in the manner and according to the standards
observed by a competent practitioner of the profession in which Contractor is
engaged.
1.3 Assignment of Personnel. Contractor shall assign only competent personnel to
perform services pursuant to this Agreement. In the event that City, in its sole
discretion, at any time during the term of this Agreement, desires the removal of
any such persons, Contractor shall, immediately upon receiving notice from City
of such desire of City, remove such person or persons from all work on this
contract.
1.4 Time. Contractor shall devote such time to the performance of services pursuant
to this Agreement as may be reasonably necessary to meet the standard of
performance provided in Subsection 1.2 above and to satisfy Contractor’s
obligations hereunder.
1.5 Public Works Contractor Registration. Because the services described in
Exhibit A include “work performed during the design and preconstruction phases
of construction including, but not limited to, inspection and land surveying work,”
the services constitute a public works within the definition of Section 1720(a)(1)
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Exhibit A to the Resolution
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Services Agreement between October 1, 2025
City of Dublin and East Bay Pool Service Inc.
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of the California Labor Code. As a result, Consultant is required to comply with
the provisions of the California Labor Code applicable to public works.
1.6 Public Works Contractor Registration. Contractor agrees, in accordance with
Section 1771.1 of the California Labor Code, that Contractor or any
subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject
to the requirements of Section 4104 of the Public Contract Code, or engage in
the performance of any contract for public work, as defined in Chapter 1 of Part 7
of Division 2 of the California Labor Code, unless currently registered and
qualified to perform public work pursuant to California Labor Code section
1725.5. It is not a violation of this section for an unregistered contractor to submit
a bid that is authorized by Section 7029.1 of the Business and Professions Code
or by Section 10164 or 20103.5 of the Public Contract Code, provided the
contractor is registered to perform public work pursuant to Section 1725.5 at the
time the contract is awarded. No contractor or subcontractor may be awarded a
contract for public work on a public works project unless registered with the
Department of Industrial Relations pursuant to California Labor Code section
1725.5. Contractor agrees, in accordance with Section 1771.4 of the California
Labor Code, that if the work under this Agreement qualifies as public work, it is
subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed
$3,271,000, notwithstanding any contrary indications that may be contained in Contractor’s
proposal, for services to be performed and reimbursable costs incurred under this Agreement.
In the event of a conflict regarding the amount of compensation between this Agreement and
Consultant’s proposal, the Agreement shall prevail. City shall pay Contractor for services
rendered pursuant to this Agreement at the time and in the manner set forth herein. The
payments specified below shall be the only payments from City to Contractor for services
rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner
specified herein. Except as specifically authorized by City in writing, Contractor shall not bill
City for duplicate services performed by more than one person.
Contractor and City acknowledge and agree that compensation paid by City to Contractor under
this Agreement is based upon Contractor’s estimated costs of providing the services required
hereunder, including salaries and benefits of employees and subcontractors of Contractor.
Consequently, the Parties further agree that compensation hereunder is intended to include the
costs of contributions to any pensions and/or annuities to which Contractor and its employees,
agents, and subcontractors may be eligible. City therefore has no responsibility for such
contributions beyond compensation required under this Agreement.
2.1 Invoices. Contractor shall submit invoices, not more often than once a month
during the term of this Agreement, based on the cost for services performed and
reimbursable costs incurred prior to the invoice date. No individual performing
work under this Agreement shall bill more than 2,000 hours in a fiscal year unless
approved, in writing, by the City Manager or his/her designee. Invoices shall
contain the following information:
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Services Agreement between October 1, 2025
City of Dublin and East Bay Pool Service Inc.
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▪Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first
invoice, etc.;
▪The beginning and ending dates of the billing period;
▪A Task Summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement,
and the percentage of completion;
▪A copy of the applicable time entries or time sheets shall be submitted
showing the following:
o Daily logs of total hours worked by each individual performing
work under this Agreement
o Hours must be logged in increments of tenths of an hour or
quarter hour
o If this Agreement covers multiple projects, all hours must also be
logged by project assignment
o A brief description of the work, and each reimbursable expense
▪The total number of hours of work performed under the Agreement by
Contractor and each employee, agent, and subcontractor of Contractor
performing services hereunder;
▪The Contractor’s signature;
▪Contractor shall give separate notice to the City when the total number of
hours worked by Contractor and any individual employee, agent, or
subcontractor of Contractor reaches or exceeds 800 hours within a 12-month
period under this Agreement and any other agreement between Contractor
and City. Such notice shall include an estimate of the time necessary to
complete work described in Exhibit A and the estimate of time necessary to
complete work under any other agreement between Contractor and City, if
applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices
received, for services satisfactorily performed, and for authorized reimbursable
costs incurred. City shall have 30 days from the receipt of an invoice that
complies with all of the requirements above to pay Contractor.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within 60 days after completion of the services and submittal to City
of a final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Contractor
pursuant to this Agreement. City shall not pay any additional sum for any
expense or cost whatsoever incurred by Contractor in rendering services
pursuant to this Agreement. City shall make no payment for any extra, further, or
additional service pursuant to this Agreement.
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Services Agreement between October 1, 2025
City of Dublin and East Bay Pool Service Inc.
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In no event shall Contractor submit any invoice for an amount in excess of the
maximum amount of compensation provided above either for a task or for the
entire Agreement, unless the Agreement is modified prior to the submission of
such an invoice by a properly executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall
not exceed the amounts shown on the compensation schedule attached hereto
as Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit A.
Expenses not listed in Exhibit A are not chargeable to City. Reimbursable
expenses are included in the total amount of compensation provided under this
Agreement that shall not be exceeded.
2.7 Payment of Taxes. Contractor is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state
taxes.
2.8 Payment upon Termination. In the event that the City or Contractor terminates
this Agreement pursuant to Section 8, the City shall compensate the Contractor
for all outstanding costs and reimbursable expenses incurred for work
satisfactorily completed as of the date of written notice of termination. Contractor
shall maintain adequate logs and timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Contractor is not authorized to
perform any services or incur any costs whatsoever under the terms of this
Agreement until receipt of authorization from the Contract Administrator.
2.10 Liquidated Damages. Failure of Contractor to respond to problems referred to it
by City within the time limits established in Subsection 1.2 of this Agreement
shall result in liquidated damages as set forth in Exhibit A.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at
its sole cost and expense, provide all facilities and equipment that may be necessary to perform
the services required by this Agreement. City shall make available to Contractor only the
facilities and equipment listed in this section, and only under the terms and conditions set forth
herein. Contractor shall make a written request to City to use facilities or equipment not
otherwise listed herein.
3.1 Safety Requirements. In accordance with generally accepted construction
practices and state law, Contractor shall be solely and completely responsible for
conditions on the jobsite, including safety of all persons and property during
performance of the work. This requirement shall apply continuously and not be
limited to normal working hours.
Contractor shall take all necessary precautions and provide all necessary
safeguards to prevent personal injury and property damage. Contractor shall
provide protection for all persons including, but not limited to, its employees and
employees of its subcontractors; members of the public; and employees, agents,
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Services Agreement between October 1, 2025
City of Dublin and East Bay Pool Service Inc.
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and representatives of the City and regulatory agencies that may be on or about
the work.
The services of the City in conducting review and inspection of Contractor's
performance is not intended to include review of the adequacy of Contractor's
work methods, equipment, bracing or scaffolding, or safety measures, in, on, or
near any Contractor jobsite.
All work and materials shall be in strict accordance with all applicable state, city,
county, and federal rules, regulations and codes, with specific attention to the
United States Department of Labor Occupational Health and Safety
Administration (OSHA) requirements. Contractor shall be solely responsible for
compliance with all city, county, and state explosive transport, storage, and
blasting requirements and for any damages caused by such operations.
Contractor is hereby informed that work on City property could be hazardous.
Contractor shall carefully instruct all personnel working on City property that all
conditions of the property are potentially hazardous work areas as to potential
dangers and shall provide such necessary safety equipment and instructions as
are necessary to prevent injury to personnel and damage to property. Special
care shall be exercised relative to work underground.
In addition to complying with all other safety regulations, Contractor shall abide
by any and all other City requirements contained in any specifications, special
conditions or manuals, which shall be made available by City upon request.
Contractor shall provide and maintain all necessary safety equipment such as
fences, barriers, signs, lights, walkways, guards, and fire prevention and fire-
fighting equipment and shall take such other action as is required to fulfill its
obligations under this section. It is the intent of the City to provide a safe working
environment under normal conditions. CONTRACTOR IS ADVISED THAT
CITY’S OPERATIONS AND PROPERTY ARE INHERENTLY HAZARDOUS
BECAUSE OF CONDITIONS SUCH AS CONFINED SPACES, POTENTIALLY
EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE TO PATHOGENS.
Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary
condition at all times. If required by the City, toilets shall be furnished by
Contractor where needed for use of its employees and their use shall be strictly
enforced. Contractor shall not use the City's existing sanitary facilities, unless
previously authorized by the City.
Contractor shall keep adequate first aid facilities and supplies available and
instruction in first aid for its employees shall be given.
City reserves the right to require that Contractor bring onto the project or engage
the services of a licensed safety engineer at any time during the term of this
Agreement. If Contractor does not have a licensed safety engineer on staff, then
City may require that Contractor engage a subcontractor or subconsultant as the
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Services Agreement between October 1, 2025
City of Dublin and East Bay Pool Service Inc.
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project’s safety engineer. Contractor shall bear all costs in connection with
meeting the requirements of this section.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement,
Contractor, at its own cost and expense, unless otherwise specified below, shall procure the
types and amounts of insurance listed below against claims for injuries to persons or damages
to property that may arise from or in connection with the performance of the work hereunder by
the Contractor and its agents, representatives, employees, and subcontractors. Consistent with
the following provisions, Contractor shall provide proof satisfactory to City of such insurance that
meets the requirements of this section and under forms of insurance satisfactory in all respects,
and that such insurance is in effect prior to beginning work. Contractor shall maintain the
insurance policies required by this section throughout the term of this Agreement. The cost of
such insurance shall be included in the Contractor's bid. Contractor shall not allow any
subcontractor to commence work on any subcontract until Contractor has obtained all insurance
required herein for the subcontractor(s) and provided evidence to City that such insurance is in
effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND
MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all
required insurance listed herein for the duration of this Agreement.
4.1 Workers’ Compensation.
4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain
Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance
for any and all persons employed directly or indirectly by Contractor. The
Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance
shall be provided with limits of not less than $1,000,000 per accident. In the
alternative, Contractor may rely on a self-insurance program to meet these
requirements, but only if the program of self-insurance complies fully with the
provisions of the California Labor Code. Determination of whether a self-
insurance program meets the standards of the California Labor Code shall be
solely in the discretion of the Contract Administrator.
The Workers’ Compensation policy shall be endorsed with a waiver of
subrogation in favor of the City for all work performed by the Contractor, its
employees, agents, and subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor
shall submit the following:
a. Certificate of Workers’ Compensation Insurance in the amounts
specified in the section; and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Contractor, at its own cost and expense, shall
maintain commercial general liability insurance for the term of this
Agreement in an amount not less than $2,000,000 and automobile liability
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Services Agreement between October 1, 2025
City of Dublin and East Bay Pool Service Inc.
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insurance for the term of this Agreement in an amount not less than
$2,000,000 per occurrence, combined single limit coverage for risks
associated with the work contemplated by this Agreement. If a
Commercial General Liability Insurance or an Automobile Liability form or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under
this Agreement or the general aggregate limit shall be at least twice the
required occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and personal
injury, including death resulting therefrom, and damage to property
resulting from activities contemplated under this Agreement, including
without limitation, blanket contractual liability and the use of owned and
non-owned automobiles.
4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be
at least as broad as Insurance Services Office Commercial General
Liability occurrence form CG 0001 (most recent edition) covering
comprehensive General Liability on an “occurrence” basis. Automobile
coverage shall be at least as broad as Insurance Services Office
Automobile Liability form CA 0001, Code 1 (any auto). No endorsement
shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis,
and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be
covered as additional insureds as respects: liability arising out of
work or operations performed by or on behalf of the Contractor; or
automobiles owned, leased, hired, or borrowed by the Contractor.
c. Contractor hereby agrees to waive subrogation which any insurer
or contractor may require from vendor by virtue of the payment of
any loss. Contractor agrees to obtain any endorsements that may
be necessary to affect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder,
the Contractor’s insurance coverage shall be primary insurance as
respects the City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by the City, its
officers, officials, employees, or volunteers shall be excess of the
Contractor’s insurance and shall not contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor
shall submit the following:
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Services Agreement between October 1, 2025
City of Dublin and East Bay Pool Service Inc.
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a. Certificate of Liability Insurance in the amounts specified in the
section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section;
and
d. Primary Insurance Endorsement as required by the section.
4.2.5 Other Insurance Requirements.
4.3.1 General Aggregate Insurance. Contractor, at its own cost and
expense, shall maintain general aggregate insurance for the term
of this Agreement in an amount not less than $4,000,000.
4.3.2 Professional Liability Insurance. Contractor, at its own cost and
expense, shall maintain professional liability insurance for the term
of this Agreement in an amount not less than $1,000,000.
4.3.3 Products and Completed Operations. Contractor, at its own cost
and expense, shall maintain products and completed operations
insurance for the term of this Agreement in an amount not less
than $2,000,000.
4.3 All Policies Requirements.
4.3.1 Acceptability of Insurers. All insurance required by this section is to be
placed with insurers with a Bests' rating of no less than A:VII.
4.3.2 Verification of Coverage. Prior to beginning any work under this
Agreement, Contractor shall furnish City with complete copies of all
Certificates of Liability Insurance delivered to Contractor by the insurer,
including complete copies of all endorsements attached to the policies.
All copies of Certificates of Liability Insurance and certified endorsements
shall show the signature of a person authorized by that insurer to bind
coverage on its behalf. If the City does not receive the required insurance
documents prior to the Contractor beginning work, it shall not waive the
Contractor’s obligation to provide them. The City reserves the right to
require complete copies of all required insurance policies at any time.
4.3.3 Deductibles and Self-Insured Retentions. Contractor shall disclose to
and obtain the written approval of City for the self-insured retentions and
deductibles before beginning any of the services or work called for by any
term of this Agreement. At the option of the City, either: the insurer shall
reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, employees, and volunteers; or the
Contractor shall provide a financial guarantee satisfactory to the City
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City of Dublin and East Bay Pool Service Inc.
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guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
4.3.4 Wasting Policies. No policy required by this Section 4 shall include a
“wasting” policy limit (i.e. limit that is eroded by the cost of defense).
4.3.5 Endorsement Requirements. Each insurance policy required by
Section 4 shall be endorsed to state that coverage shall not be canceled
by either party, except after 30 days’ prior written notice has been
provided to the City.
4.3.6 Subcontractors. Contractor shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified
endorsements for each subcontractor. All coverages for subcontractors
shall be subject to all of the requirements stated herein.
4.4 Remedies. In addition to any other remedies City may have if Contractor fails to
provide or maintain any insurance policies or policy endorsements to the extent
and within the time herein required, City may, at its sole option exercise any of
the following remedies, which are alternatives to other remedies City may have
and are not the exclusive remedy for Contractor’s breach:
▪Obtain such insurance and deduct and retain the amount of the premiums for
such insurance from any sums due under the Agreement;
▪Order Contractor to stop work under this Agreement or withhold any payment
that becomes due to Contractor hereunder, or both stop work and withhold
any payment, until Contractor demonstrates compliance with the
requirements hereof; and/or
▪Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES. Contractor
shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers,
officials, employees, agents and volunteers from and against any and all liability, loss, damage,
claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of
litigation) (collectively, “Liability”) of every nature arising out of or in connection with Contractor’s
performance of the Services or its failure to comply with any of its obligations contained in this
Agreement, except such Liability caused by the sole negligence or willful misconduct of City.
The Contractor’s obligation to defend and indemnify shall not be excused because of the
Contractor’s inability to evaluate Liability or because the Contractor evaluates Liability and
determines that the Contractor is not liable to the claimant. The Contractor must respond within
30 days, to the tender of any claim for defense and indemnity by the City, unless this time has
been extended by the City. If the Contractor fails to accept or reject a tender of defense and
indemnity within 30 days, in addition to any other remedy authorized by law, so much of the
money due the Contractor under and by virtue of this Agreement as shall reasonably be
considered necessary by the City, may be retained by the City until disposition has been made
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City of Dublin and East Bay Pool Service Inc.
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of the claim or suit for damages, or until the Contractor accepts or rejects the tender of defense,
whichever occurs first.
Section 6. STATUS OF CONTRACTOR.
6.1 Independent Contractor. At all times during the term of this Agreement,
Contractor shall be an independent contractor and shall not be an employee of
City. This Agreement shall not be construed as an agreement for employment.
City shall have the right to control Contractor only insofar as the results of
Contractor's services rendered pursuant to this Agreement and assignment of
personnel pursuant to Subsection 1.3; however, otherwise City shall not have the
right to control the means by which Contractor accomplishes services rendered
pursuant to this Agreement. Contractor further acknowledges that Contractor
performs Services outside the usual course of the City’s business; and is
customarily engaged in an independently established trade, occupation, or
business of the same nature as the Contractor performs for the City, and has the
option to perform such work for other entities. Notwithstanding any other City,
state, or federal policy, rule, regulation, law, or ordinance to the contrary,
Contractor and any of its employees, agents, and subcontractors providing
services under this Agreement shall not qualify for or become entitled to, and
hereby agree to waive any and all claims to, any compensation, benefit, or any
incident of employment by City, including but not limited to eligibility to enroll in
the California Public Employees Retirement System (PERS) as an employee of
City and entitlement to any contribution to be paid by City for employer
contributions and/or employee contributions for PERS benefits.
6.2 Contractor Not an Agent. Except as City may specify in writing, Contractor
shall have no authority, express or implied, to act on behalf of City in any
capacity whatsoever as an agent. Contractor shall have no authority, express or
implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this
Agreement.
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7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall
comply with all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be
funded by fiscal assistance from another governmental entity, Contractor and any
subcontractors shall comply with all applicable rules and regulations to which City
is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Contractor represents and warrants to City that
Contractor and its employees, agents, and any subcontractors have all licenses,
permits, qualifications, and approvals of whatsoever nature that are legally
required to practice their respective professions. Contractor represents and
warrants to City that Contractor and its employees, agents, any subcontractors
shall, at their sole cost and expense, keep in effect at all times during the term of
this Agreement any licenses, permits, and approvals that are legally required to
practice their respective professions. In addition to the foregoing, Contractor and
any subcontractors shall obtain and maintain during the term of this Agreement
valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate,
on the basis of a person’s race, sex, gender, religion (including religious dress
and grooming practices), national origin, ancestry, physical or mental disability,
medical condition (including cancer and genetic characteristics), marital status,
age, sexual orientation, color, creed, pregnancy, genetic information, gender
identity or expression, political affiliation or belief, military/veteran status, or any
other classification protected by applicable local, state, or federal laws (each a
“Protected Characteristic”), against any employee, applicant for employment,
subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant
for any services or programs provided by Contractor under this Agreement.
Contractor shall include the provisions of this Subsection in any subcontract
approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause
upon written notification to Contractor.
Contractor may cancel this Agreement upon 30 days’ written notice to City and
shall include in such notice the reasons for cancellation.
In the event of termination, Contractor shall be entitled to compensation for
services performed to the effective date of termination; City, however, may
condition payment of such compensation upon Contractor delivering to City any
or all documents, photographs, computer software, video and audio tapes, and
other materials provided to Contractor or prepared by or for Contractor or the City
in connection with this Agreement.
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8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of
this Agreement beyond that provided for in Subsection 1.1. Any such extension
shall require a written amendment to this Agreement, as provided for herein.
Contractor understands and agrees that, if City grants such an extension, City
shall have no obligation to provide Contractor with compensation beyond the
maximum amount provided for in this Agreement. Similarly, unless authorized by
the Contract Administrator, City shall have no obligation to reimburse Contractor
for any otherwise reimbursable expenses incurred during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed
by all the Parties.
8.4 Assignment and Subcontracting. City and Contractor recognize and agree
that this Agreement contemplates personal performance by Contractor and is
based upon a determination of Contractor’s unique personal competence,
experience, and specialized personal knowledge. Moreover, a substantial
inducement to City for entering into this Agreement was and is the professional
reputation and competence of Contractor. Contractor may not assign this
Agreement or any interest therein without the prior written approval of the
Contract Administrator. Contractor shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the
subcontractors noted in the proposal, without prior written approval of the
Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Contractor shall
survive the termination of this Agreement.
8.6 Options upon Breach by Contractor. If Contractor materially breaches any of
the terms of this Agreement, City’s remedies shall include, but not be limited to,
the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents,
and any other work product prepared by Contractor pursuant to this
Agreement;
8.6.3 Retain a different contractor to complete the work described in Exhibit A
not finished by Contractor; or
8.6.4 Charge Contractor the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the
amount that City would have paid Contractor pursuant to Section 2 if
Contractor had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
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9.1 Records Created as Part of Contractor’s Performance. All reports, data,
maps, models, charts, studies, surveys, photographs, memoranda, plans,
studies, specifications, records, files, or any other documents or materials, in
electronic or any other form, that Contractor prepares or obtains pursuant to this
Agreement and that relate to the matters covered hereunder shall be the property
of the City. Contractor hereby agrees to deliver those documents to the City
upon termination of the Agreement. It is understood and agreed that the
documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City
and are not necessarily suitable for any future or other use. City and Contractor
agree that, until final approval by City, all data, plans, specifications, reports and
other documents are confidential and will not be released to third parties without
prior written consent of both Parties.
9.2 Contractor’s Books and Records. Contractor shall maintain any and all
ledgers, books of account, invoices, vouchers, canceled checks, and other
records or documents evidencing or relating to charges for services or
expenditures and disbursements charged to the City under this Agreement for a
minimum of 3 years, or for any longer period required by law, from the date of
final payment to the Contractor to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Subsection
9.2 of this Agreement requires Contractor to maintain shall be made available for
inspection, audit, and/or copying at any time during regular business hours, upon
oral or written request of the City. Under California Government Code Section
8546.7, if the amount of public funds expended under this Agreement exceeds
$10,000.00, the Agreement shall be subject to the examination and audit of the
State Auditor, at the request of City or as part of any audit of the City, for a period
of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an
action for declaratory relief, to enforce or interpret the provision of this
Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in
addition to any other relief to which that party may be entitled. The court may set
such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under
this Agreement, the Parties agree that trial of such action shall be vested
exclusively in the state courts of California in the County of Alameda or in the
United States District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision
of this Agreement is invalid, void, or unenforceable, the provisions of this
Agreement not so adjudged shall remain in full force and effect. The invalidity in
whole or in part of any provision of this Agreement shall not void or affect the
validity of any other provision of this Agreement.
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10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision
of this Agreement does not constitute a waiver of any other breach of that term or
any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the
benefit of and shall apply to and bind the successors and assigns of the Parties.
10.6 Conflict of Interest. Contractor may serve other clients, but none whose
activities within the corporate limits of City or whose business, regardless of
location, would place Contractor in a “conflict of interest,” as that term is defined
in the Political Reform Act, codified at California Government Code Section
81000 et seq.
Contractor shall not employ any City official in the work performed pursuant to
this Agreement. No officer or employee of City shall have any financial interest in
this Agreement that would violate California Government Code Section 1090 et
seq.
Contractor hereby warrants that it is not now, nor has it been in the previous 12
months, an employee, agent, appointee, or official of the City. If Contractor was
an employee, agent, appointee, or official of the City in the previous 12 months,
Contractor warrants that it did not participate in any manner in the forming of this
Agreement. Contractor understands that, if this Agreement is made in violation
of California Government Code Section 1090 et seq., the entire Agreement is
void and Contractor will not be entitled to any compensation for services
performed pursuant to this Agreement, including reimbursement of expenses,
and Contractor will be required to reimburse the City for any sums paid to the
Contractor. Contractor understands that, in addition to the foregoing, it may be
subject to criminal prosecution for a violation of California Government Code
Section 1090 et seq., and, if applicable, will be disqualified from holding public
office in the State of California.
10.7 Solicitation. Contractor agrees not to solicit business at any meeting, focus
group, or interview related to this Agreement, either orally or through any written
materials.
10.8 Contract Administration. This Agreement shall be administered by the City
Manager ("Contract Administrator"). All correspondence shall be directed to or
through the Contract Administrator or his or her designee.
10.9 Notices. Any written notice to Contractor shall be sent to:
East Bay Pool Service Inc.
1547 Palos Verdes Mall #240
Walnut Creek, CA. 94597
Any written notice to City shall be sent to:
City of Dublin
Attn: Aquatic Maintenance Contract Manager
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100 Civic Plaza
Dublin, CA 94568
10.10 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement
between City and Contractor and supersedes all prior negotiations,
representations, or agreements, either written or oral.
Exhibit A Scope of Services, Scheduled Work, and Compensation Schedule
10.11 Counterparts and Electronic Signatures. This Agreement may be executed in
multiple counterparts, each of which shall be an original and all of which together
shall constitute one agreement. Counterparts delivered and/or signatures
executed by City-approved electronic or digital means shall have the same force
and effect as the use of a manual signature. Both Parties desire this Agreement
to be electronically signed in accordance with applicable federal and California
law. Either Party may revoke its agreement to use electronic signatures at any
time by giving notice to the other Party.
10.12 Certification per Iran Contracting Act of 2010. In the event that this contract is
for
one million dollars ($1,000,000.00) or more, by Contractor’s signature below
Contractor certifies that Contractor, and any parent entities, subsidiaries,
successors or subunits of Contractor are not identified on a list created pursuant
to subdivision (b) of Section 2203 of the California Public Contract Code as a
person engaging in investment activities in Iran as described in subdivision (a) of
Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of
the California Public Contract Code, as applicable.
10.13 Provisions Required For Public Works Contracts Pursuant To California
Labor Code Section 1720 Et Seq.
A. HOURS OF WORK:
i. In accordance with California Labor Code Section 1810, 8 hours of labor
in performance of the services described in Exhibit A shall constitute a
legal day’s work under this contract.
ii. In accordance with California Labor Code Section 1811, the time of
service of any worker employed in performance of the services described
in Exhibit A is limited to 8 hours during any one calendar day, and 40
hours during any one calendar week, except in accordance with California
Labor Code Section 1815, which provides that work in excess of 8 hours
during any one calendar day and 40 hours during any one calendar week
is permitted upon compensation for all hours worked in excess of 8 hours
during any one calendar day and 40 hours during any one calendar week
at not less than one-and-one-half times the basic rate of pay.
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iii. The Consultant and its subcontractors shall forfeit as a penalty to the City
$25 for each worker employed in the performance of the services
described in Exhibit A for each calendar day during which the worker is
required or permitted to work more than 8 hours in any one calendar day,
or more than 40 hours in any one calendar week, in violation of the
provisions of California Labor Code Section 1810 and following.
B. WAGES:
i. In accordance with California Labor Code Section 1773.2, the City has
determined the general prevailing wages in the locality in which the
services described in Exhibit A are to be performed for each craft or type
of work needed to be as published by the State of California Department
of Industrial Relations, Division of Labor Statistics and Research, a copy
of which is on file in the City Public Works Office and shall be made
available on request. The Consultant and subcontractors engaged in the
performance of the services described in Exhibit A shall pay no less than
these rates to all persons engaged in performance of the services
described in Exhibit A.
ii. In accordance with California Labor Code Section 1775, the Consultant
and any subcontractors engaged in performance of the services
described in Exhibit A shall comply with California Labor Code Section
1775, which establishes a penalty for each worker engaged in the
performance of the services described in Exhibit A that the Consultant or
any subcontractor pays less than the specified prevailing wage. The
amount of such penalty shall be determined by the Labor Commissioner
and shall be based on consideration of the mistake, inadvertence, or
neglect of the Consultant or subcontractor in failing to pay the correct rate
of prevailing wages, or the previous record of the Consultant or
subcontractor in meeting applicable prevailing wage obligations, or the
willful failure by the Consultant or subcontractor to pay the correct rates of
prevailing wages. A mistake, inadvertence, or neglect in failing to pay the
correct rate of prevailing wages is not excusable if the Consultant or
subcontractor had knowledge of their obligations under the California
Labor Code. The Consultant or subcontractor shall pay the difference
between the prevailing wage rates and the amount paid to each worker
for each calendar day or portion thereof for which each worker was paid
less than the prevailing wage rate. If a subcontractor worker engaged in
performance of the services described in Exhibit A is not paid the general
prevailing per diem wages by the subcontractor, the Consultant is not
liable for any penalties therefore unless the Consultant had knowledge of
that failure or unless the Consultant fails to comply with all of the following
requirements:
a. The contract executed between the Consultant and the
subcontractor for the performance of part of the services
described in Exhibit A shall include a copy of the provisions of
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California Labor Code Sections 1771, 1775, 1776, 1777.5,
1813, and 1815.
b. The Consultant shall monitor payment of the specified general
prevailing rate of per diem wages by the subcontractor by
periodic review of the subcontractor’s certified payroll records.
c. Upon becoming aware of a subcontractor’s failure to pay the
specified prevailing rate of wages, the Consultant shall
diligently take corrective action to halt or rectify the failure,
including, but not limited to, retaining sufficient funds due the
subcontractor for performance of the services described in
Exhibit A.
d. Prior to making final payment to the subcontractor, the
Consultant shall obtain an affidavit signed under penalty of
perjury from the subcontractor that the subcontractor has paid
the specified general prevailing rate of per diem wages for
employees engaged in the performance of the services
described in Exhibit A and any amounts due pursuant to
California Labor Code Section 1813.
iii. In accordance with California Labor Code Section 1776, the Consultant
and each subcontractor engaged in performance of the services
described in Exhibit A shall keep accurate payroll records showing the
name, address, social security number, work, straight time and overtime
hours worked each day and week, and the actual per diem wages paid to
each journeyman, apprentice, worker, or other employee employed in
performance of the services described in Exhibit A. Each payroll record
shall contain or be verified by a written declaration that it is made under
penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and
correct.
b. The employer has complied with the requirements of California
Labor Code Sections 1771, 1811, and 1815 for any work
performed by the employer’s employees on the public works
project.
The payroll records required pursuant to California Labor Code Section
1776 shall be certified and shall be submitted directly to the Labor
Commission, and available for inspection by the Owner and its authorized
representatives, the Division of Labor Standards Enforcement, the
Division of Apprenticeship Standards of the Department of Industrial
Relations and shall otherwise be available for inspection in accordance
with California Labor Code Section 1776.
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iv. In accordance with California Labor Code Section 1777.5, the Consultant,
on behalf of the Consultant and any subcontractors engaged in
performance of the services described in Exhibit A, shall be responsible
for ensuring compliance with California Labor Code Section 1777.5
governing employment and payment of apprentices on public works
contracts.
v. In case it becomes necessary for the Consultant or any subcontractor
engaged in performance of the services described in Exhibit A to employ
for the services described in Exhibit A any person in a trade or occupation
(except executive, supervisory, administrative, clerical, or other non-
manual workers as such) for which no minimum wage rate has been
determined by the Director of the Department of Industrial Relations, the
Consultant or subcontractor shall pay the minimum rate of wages
specified therein for the classification which most nearly corresponds to
services described in Exhibit A to be performed by that person. The
minimum rate thus furnished shall be applicable as a minimum for such
trade or occupation from the time of the initial employment of the person
affected and during the continuance of such employment.
SIGNATURES ON FOLLOWING PAGE
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The Parties have executed this Agreement as of the Effective Date. The persons whose
signatures appear below certify that they are authorized to sign on behalf of the respective
Party.
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City of Dublin and East Bay Pool Service Inc.
Exhibit A – Page 1 of 17
EXHIBIT A
1. WORK: Contractor shall provide all necessary labor, tools, equipment, and materials (unless
otherwise noted) for the provision of regular ongoing aquatic facilities maintenance and
oversight of aquatic facilities at the Wave. Maintenance services include daily oversight of
maintenance operations, routine and preventative maintenance, pool cleaning, water
chemistry monitoring and adjustments, equipment monitoring, and other scheduled
maintenance services. Duties include but are not limited to: lane lines, flag, tile, grout,
handrails, lift chair/wheelchair, power washing, removing scale, equipment reel
maintenance, dive blocks, water polo goals, underwater lights, deck grates, umbrellas,
seating, and other duties as assigned.
Contractor shall provide onsite maintenance personnel four hours per day, on days and
times determined by time of year (See Service Frequency). Issues that occur during
operational hours and impact the use of a pool or attraction shall be addressed within 30
minutes of occurrence. Maintenance issues that do not impact the use of a pool or attraction
shall be addressed within 24 hours. Activities must be documented and submitted within five
calendar days of completion. Documentation should include the name and job title of the
individual performing the work, the date of service, and a detailed description of the work
performed. Contractor shall provide continued input on a long-term preventative
maintenance plan and equipment assessment (including equipment lifespan). Plans shall be
produced 6 months after work has begun, and updates required thereafter.
2. OVERSIGHT: Contract Administrator shall designate a Contract Manager to oversee this
contract. Contract Manager may assign oversight duties to a designee.
3. SERVICE FREQUENCY: 4 Hours per Day, 7 Days per week
A. Summer-Season (May 1 through September 30)*:
i. Saturday-Thursday: 9am – 1pm
ii. Friday 5am – 9am
B. Off-Season (October 1 through April 30)*:
i. Daily: 6am - 10am
*Service frequency schedule subject to change upon approval
4. AMENITIES:
The Wave includes the following amenities:
A. The Natatorium houses a 160,000-gallon, 6,900 square foot, 6-lane, 25-yard, heated
indoor pool with three shallow-water teaching bays. The Natatorium is used for year-
round swim school, lap swimming, and water exercise programs.
Operations Schedule:
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City of Dublin and East Bay Pool Service Inc.
Exhibit A – Page 2 of 17
Year round, 7 days per week
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City of Dublin and East Bay Pool Service Inc.
Exhibit A – Page 3 of 17
standard of performance set forth in Section 1.2 of the Agreement; and (f) perform all
activities necessary and incidental to the orderly performance of the work.
7. MAINTENANCE SUPERVISION: The Contractor shall assume full responsibility for day-to-
day maintenance operations, ensuring that resources required to successfully complete
projects and tasks are applied in a timely manner. The Contractor is responsible for: (a)
making recommendations to the Contract Manager or designee of work that should be
performed but which is not set forth in the Schedule of Work; (b) identifying work programs;
(c) scheduling; (d) assisting and supervising work crews; (e) maintaining activity reports.
8. WORK SCHEDULING PROCEDURES: To the extent possible, it is the intent of this
Agreement that the work be performed on a scheduled, orderly basis. Prior to
commencement of work, Contractor shall prepare a schedule for the Contract Manager or
designee to review showing projected work to be performed throughout the fiscal year and
review them with the Contract Manager or designee. These schedules will represent specific
work needs identified as the result of the Contractor's recommendations and requests from
the Contract Manager or designee. Emphasis will be placed on identifying needs to ensure
proper timing of work. Contractor will use a computerized maintenance management system
(CMMS) to provide real-time visibility into maintenance activities, ensure accurate tracking of
work and personnel, and support effective asset management. Contractor shall provide
Contract Manager or designee continuous access to the CMMS.
9. CONTRACTOR PERSONNEL REQUIREMENTS
A. Contractor shall assign a sufficient number of trained and experienced employees to
perform the required service. Contractor shall designate one (1) employee as principal
with full responsibility for directing the entire crew. The principal shall be authorized to
act for the Contractor in every detail.
B. Contractor shall furnish and require every on-duty employee to wear a company shirt or
a visible photo identification badge identifying employee by name.
C. All assigned personnel are subject to a criminal history records check performed using
Live Scan. Government fees are required for the State (DOJ) and Federal (FBI) level
criminal history record checks (if applicable). Contractor is responsible for the fee to
perform such records search. An application fee per personnel is required to perform a
formal criminal history records check. Should an employee not pass the criminal history
records check, a refund will not be provided.
D. All assigned personnel must have all the proper safety training, and equipment operator
certificates to meet the minimum requirements of Cal OSHA.
10. CHEMICAL USE AND DISPOSAL
A. Contractor shall maintain Safety Data Sheets (SDS) for all chemicals used at all times
and shall provide them to the City upon request.
B. Contractor shall furnish all labor, materials, equipment, and supplies necessary to
perform the services described, at their own expense, including any items not explicitly
listed but required for full and proper execution of the work.
C. The Contractor shall ensure that all wastewater generated, handled, or disposed of
under this Agreement complies with all applicable federal, state, and local laws,
regulations, and environmental standards. The Contractor shall obtain all necessary
permits and approvals and implement appropriate disposal methods to prevent pollution,
contamination, or environmental harm.
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City of Dublin and East Bay Pool Service Inc.
Exhibit A – Page 4 of 17
D. Contractor shall be responsible for all damage which occurs to City property while
performing services, regardless of whether the damage is to an item(s) being serviced or
to other item(s) in and around the area where services are being performed.
11. CALIFORNIA AIR RESOURCES BOARD ADVANCED CLEAN FLEET REGULATIONS
A. Vehicles with a gross vehicle weight rating (GVWR) greater than 8,500 pounds and light-
duty package delivery vehicles operated in California may be subject to the California Air
Resources Board (CARB) Advanced Clean Fleets (ACF) Regulations. Such vehicles
may therefore be subject to requirements to reduce emissions of air pollutants. For more
information, please visit the CARB Advanced Clean Fleets webpage at
https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets.
B. For each calendar year, CONTRACTOR shall provide to the CITY a certificate of
compliance with the CARB ACF rules as defined in the California Code of Regulations
(CCR), or a signed statement stating their fleet is not subject to the High Priority and
Federal Fleets Requirements (Title 13, CCR, Sections 2015 through 2015.6) and the
State and Local Government Fleets Requirements (Title 13, CCR, Sections 2013
through 2013.4).
12. WORK REPORTING PROCEDURES: Contractor shall submit a Summary Report to the
Contract Manager or designee on or before the 15th day of the month summarizing work
completed in the previous month and following the invoicing procedures detailed in section
2.1 of the Agreement. These reports shall include a listing of work activities and work units
completed, including any Additional Work or Emergency Work performed; status of current
and completed service requests; and comparisons of annual work quantities and
expenditures planned versus actual.
13. ADDITIONAL CONTRACTOR RESPONSIBILITIES: Contractor's employees will be alert for
observable maintenance deficiencies at The Wave during their maintenance activities
performing Scheduled Work, Additional Work, and Emergency Work. They will resolve
observed maintenance deficiencies or report to the Contract Manager or designee.
14. PROTECTION OF WORK AND PUBLIC: The Contractor shall take all necessary measures
to ensure the safety of work sites and prevent accidents during all phases of work. At no
additional cost, the Contractor shall provide and maintain all required safety measures—
such as barriers, signage, and personnel protective equipment —to protect the public within
the work area while maintenance activities are in progress.
15. MATERIALS: Contractor will endeavor to secure materials from the lowest cost source
reasonably available. City may require Contractor to acquire three bids for materials as
determined by the Contract Manager or designee.
SCHEDULED WORK
The tables below summarize recurring and preventative maintenance tasks by area of The
Wave. Each table includes the frequency each task is to be completed. The following frequency
definitions apply:
•Daily: Every day of the year
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City of Dublin and East Bay Pool Service Inc.
Exhibit A – Page 5 of 17
•Weekly: Once a week, every week of the year
•2x/Week: Twice a week, every week of the year
•Monthly: Once a month, every month of the year
•Annually: Once a year. Schedule for these items should be set between facility manager
and contractor as it will typically require pool closures.
•Off-Season: October 1st through April 30th
•Pre-Operation: Two to three weeks before May 1st
•End of Season: October 1st through October 31st
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Exhibit A – Page 6 of 17
Operations and Maintenance (O&M):
PAUL MCCREARY OUTDOOR POOL (COMPETITIVE SPORTS POOL)
#Frequency Description
1 Daily Provide chemical testing kits and test water chemistry at the pool edge
(ORP, SP, pH, GPM, PSI, Temp, INT)
2 Daily Test water chemistry at chemical controllers and calibrate units as
needed, document all results and adjustments
3 Daily Add and/or adjust chemicals as needed (Contractor shall order
chemicals and invoices shall be paid by City)
NATATORIUM (INDOOR POOL)
#Frequency Description
1 Daily Provide chemical testing kits and test water chemistry at the pool edge
(ORP, SP, pH, GPM, PSI, Temp, INT)
2 Daily Test water chemistry at the chemical controller and calibrate units as
needed, document all results and adjustments
3 Daily Add and/or adjust chemicals as needed (Contractor shall order
chemicals and invoices shall be paid by City)
4 Daily Check and adjust pool temperature to maintain an optimal temperature
of 82 to 84 degrees
5 Daily Empty/clean all skimmer baskets, vacuum pump strainers, and flow
indicator filters
6 Daily Skim pool and clean gutters
7 Daily Maintain pumps, filters, and chemical balance year-round
8 Daily Check for algae and take the necessary steps to remedy
9 Weekly Fully vacuum entire pool
10 Weekly Record UV light filter usage (Replace UV bulbs if necessary)
11 Weekly Record heater usage (ensure it’s working properly and adjust
temperature depending on weather)
12 Weekly Test pool alkalinity and calcium hardness
13 Weekly Clean strainer baskets for all pumps
14 2x/Week Inspect and maintain handrails, gutters, and tiles surrounding the pool
15 2x/Week
Backwash filters (2x/Week or more often as needed). Contractor shall
replace media, back wash valves, plumbing, booster pumps, and timing
mechanism
16 Annually
Inspect solar, paint, and galvanizing; submit a report with cost estimates
for any maintenance work identified during the inspection. Upon
approval by the Contract Manager or designee, Contractor shall
complete the maintenance work. Documentation for completed work
must be submitted within five days and include who completed the work,
the dates, and scope of the work.
17 Annually Solar leak test
18 End of
Season
Winterization (Setup, tear down, proper storage of equipment including
pool furniture, and other duties as assigned). Cutting and cleaning of
deck drains to ensure there is no standing water.
Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678Docusign Envelope ID: B6EF6CF8-8ACE-4720-A672-50F0BFB76E07
Services Agreement between October 1, 2025
City of Dublin and East Bay Pool Service Inc.
Exhibit A – Page 7 of 17
4 Daily Check and adjust pool temperature to maintain an optimal temperature
of 82 to 84 degrees
5 Daily Empty/clean all skimmer baskets, vacuum pump strainers, and flow
indicator filters
6 Daily Skim the pool and clean the gutters
7 Daily Maintain pumps, filters, and chemical balance year-round
8 Daily Check for algae and take the necessary steps to remedy
9 Weekly Fully vacuum entire pool
10 Weekly Record UV light filter usage (Replace UV bulbs if necessary)
11 Weekly Record heater usage (ensure it’s working properly and adjust
temperature depending on weather)
12 Weekly Test pool alkalinity and calcium hardness
13 Weekly Clean strainer baskets for all pumps
14 2x/Week Inspect and maintain handrails, gutters, and tiles surrounding the pool
15 2x/Week Test the ADA chair lift
16 2x/Week Backwash filters (or more often as needed)
17 Annually
Inspect paint and galvanizing; submit a report with cost estimates for
any maintenance work identified during the inspection. Upon approval
by the Contract Manager or designee, Contractor shall complete the
maintenance work. Documentation for completed work must be
submitted within five days and include who completed the work, the
dates, and scope of the work.
18 End of
Season
Winterization (Setup, tear down, and properly store equipment. Cutting
and cleaning of deck drains to ensure there is no standing water)
WATERSLIDE MAINTENANCE
#Frequency Description
1 Daily Provide chemical testing kits and test water chemistry at the slide edge
(ORP, SP, pH, GPM, PSI, Temp, INT)
2 Daily Test water chemistry at chemical controllers and calibrate units as
needed, document all results and adjustments
3 Daily Add and/or adjust chemicals as needed (Contractor shall order
chemicals and invoices shall be paid by the City)
4 Daily Check and adjust pool temperature to maintain an optimal temperature
of 78 to 80 degrees
5 Daily Empty/clean all skimmer baskets, vacuum pump strainers, and flow
indicator filters
6 Daily Skim all runout lanes
7 Daily Check all runout lanes for algae and take necessary steps to remedy
8 Daily Address minor slide issues such as caulking, chips, cracks, and leaks
9 Daily Inspect and conduct as-needed maintenance on Emergency Stop (e-
stop) buttons, steps into slides, pneumatics, plumbing, and flow meters
10 Daily
General non-structural slide tower maintenance (e.g., pressure washing,
non-slip tape, minor chip/crack patching, joint caulking, flow meters and
sensors, emergency stop buttons, capsule slide electronics/pneumatics,
signage securement, replacing or tightening bolts and screws, replacing
Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678Docusign Envelope ID: B6EF6CF8-8ACE-4720-A672-50F0BFB76E07
Services Agreement between October 1, 2025
City of Dublin and East Bay Pool Service Inc.
Exhibit A – Page 8 of 17
damaged or missing deck planks, sealing or patching non-load-bearing
surfaces, repainting or touch-up of surface coatings, and other general
upkeep that does not require structural analysis, etc.)
11 Daily Maintain pumps, filters, and chemical balance year-round
12 Daily Check for algae and take the necessary steps to remedy
13 Weekly Test pool alkalinity and calcium hardness
14 Weekly Mechanical inspection per manufacturer recommendation of the capsule
slide
15 Annual
Conduct annual preventative maintenance on the drop slide air
compressor (including oil and air filter change) for drop slide prior to the
annual inspection
16 2x/Week Backwash filters (or more often as needed)
17 Annually
Inspect solar, paint, and galvanizing; submit a report with cost estimates
for any maintenance work identified during the inspection. Upon
approval by the Contract Manager or designee, Contractor shall
complete the maintenance work. Documentation for completed work
must be submitted within five days and include who completed the work,
the dates, and scope of the work.
18 Annually
Attend OSHA inspection and complete identified work (City slide
contractor also attends the OSHA inspection and will complete
maintenance work to slides per OSHA’s recommendations)
19 End of
Season Winterization (Turn off heater and other duties as assigned)
20 Off Season Turn on slide and run outs once a month. (7 months)
CHILDREN’S PLAY POOL (SPLASH ZONE)
#Frequency Description
1 Pre-
Operation Inspect and maintain water spray features*
2 Pre-
Operation
Inspect and maintain non-water features: netting, paint, palm trees,
railings, etc.*
3 Pre-
Operation Inspect the large tipping bucket assembly*
4 Pre-
Operation
Replace any small parts (including but not limited to bearings, anchors,
clasps, gaskets, feature and structure hardware) removed at end of
season
4 Daily Provide chemical testing kits and test water chemistry at the pool edge
(ORP, SP, pH, GPM, PSI, Temp, INT)
5 Daily Test water chemistry at chemical controllers and calibrate units as
needed, document all results and adjustments
6 Daily Add and/or adjust chemicals as needed (Contractor shall order
chemicals and invoices shall be paid by City)
7 Daily Check pool temperature and adjust to maintain an optimal temperature
of 78 to 80 degrees*
8 Daily Empty/clean all skimmer baskets, vacuum pump strainers, and flow
indicator filters
Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678Docusign Envelope ID: B6EF6CF8-8ACE-4720-A672-50F0BFB76E07
Services Agreement between October 1, 2025
City of Dublin and East Bay Pool Service Inc.
Exhibit A – Page 9 of 17
9 Daily Skim the pool and clean the gutters
10 Daily Check and adjust if needed operating pressure and flow to all effects*
11 Daily Visually inspect and maintain climbing and safety nets
12 Daily Maintain pumps, filters, and chemical balance year-round
13 Daily Check for algae and take the necessary steps to remedy
14 Varies Fully vacuum entire pool 2x/Week from April through October and
weekly from November through March
15 Weekly Test pool alkalinity and calcium hardness
16 Weekly Inspect and maintain Aqua Play: one single and two tandem
waterslides*
17 Weekly Check the operation of jets and nozzles; clean and grease as required*
18 Weekly Record heater usage (ensure it’s working properly and adjust
temperature depending on weather)*
19 Weekly Check valve operating assemblies*
20 2x/Week Backwash filters (or more often as needed)
21 2x/Week Inspect and maintain the tile and gutters surrounding the pool
22 2x/Week Check operation of nozzles*
23 End of
Season Drain the play structure for maintenance if required
24 End of
Season
Inspect the entire structure and submit a report with cost estimates for
any needed maintenance
25 End of
Season
Clean components (Including but not limited to Pin Wheel, Tipping
Buckets, Spray Guns, Water Troughs, Shower Nozzles, and other
various structure features)
26 End of
Season
Inspect solar, paint, and galvanizing; submit a report with cost estimates
for any maintenance work identified during the inspection. Upon
approval by the Contract Manager or designee, Contractor shall
complete the maintenance work. Documentation for completed work
must be submitted within five days and include who completed the work,
the dates, and scope of the work.
27 End of
Season
Remove, label, and store small parts (including but not limited to
bearings, anchors, clasps, gaskets, feature and structure hardware)
28 End of
Season Inspect the large tipping bucket assembly
29 End of
Season Winterization (Cover fiberglass features, and other duties as assigned)
*Items that only require 4 months of service
MECHANICAL ROOM MAINTENANCE
#Frequency Description
1 Daily Inventory and order pool chemicals
2 Daily General upkeep of the high-rate sand filters for each circulation system
3 Daily Check flow meters and pressure gauges
4 Daily Complete and submit checklists and maintenance reports
5 Daily Inspect all chemical sheds for leaks
Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678Docusign Envelope ID: B6EF6CF8-8ACE-4720-A672-50F0BFB76E07
Services Agreement between October 1, 2025
City of Dublin and East Bay Pool Service Inc.
Exhibit A – Page 10 of 17
6 Annually Sink pit cleaning and vacuuming for all pools
7 Annually Replace rubber tubing for peristaltic pumps
8
Pre-
Operation
and End of
Season
Backwash pool systems and replace backwash valves
9 As Needed Other preventative measures as determined necessary (Contractor to
provide list of items and bid amounts if applicable)
10 As Needed Tile and grout maintenance
11 As Needed Inspect and maintain underwater lights
Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678Docusign Envelope ID: B6EF6CF8-8ACE-4720-A672-50F0BFB76E07
Services Agreement between October 1, 2025
City of Dublin and East Bay Pool Service Inc.
Exhibit A – Page 11 of 17
OPERATIONS AND MAINTENANCE TOTALS*
Natatoriu
m
Paul
McCreary
Outdoor
Pool
Waterslide Splash
Zone
Mechanica
l Room
Maintenan
ce
Annual
Total
Year 0
(Prorate
d)
(FY25/26
)
$48,000 $51,000 $49,000 $41,000 $3,000 $192,000
Year 1
(FY26/27
)
$59,000 $63,000 $61,000 $51,000 $4,000 $238,000
Year 2
(FY27/28
)
$61,000 $65,000 $63,000 $53,000 $4,000 $246,000
Year 3
(FY28/29
)
$63,000 $67,000 $65,000 $55,000 $5,000 $255,000
Year 4
(FY29/30
)
$65,000 $70,000 $67,000 $57,000 $5,000 $264,000
Year 5
(FY30/31
)
$67.000 $72,000 $69,000 $59,000 $5,000 $272,000
Total $363,000 $388,000 $374,000 $316,000 $26,000 $1,467,000
*Rounded up to the nearest $1,000
Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678Docusign Envelope ID: B6EF6CF8-8ACE-4720-A672-50F0BFB76E07
Services Agreement between October 1, 2025
City of Dublin and East Bay Pool Service Inc.
Exhibit A – Page 12 of 17
Preventative Maintenance:
MECHANICAL ROOM
Item Lifespan Year Needed
Controller Flow Meter 2 2026-27, 2028-29, 2030-
31
1000 Gallon Chlorine Tanks 10-12 2026-27
250 Gallon Acid Tank 10 2026-27
Air Compressor 10 2026-27
Chlorine Peristaltic Pump 2-4 2026-27, 2029-30
CO2 Injector Pumps 10 2026-27
CO2 Tanks 10-12 2026-27
Controller Chlorine Probes 2 2026-27, 2028-29, 2030-
31
Controller Flow Sensor 10 2026-27
Controller pH Digital 20 2034-35
Controller pH Probes 2 2026-27, 2028-29, 2030-
31
Filter Sand / Media 15-20 2032-33
Muriatic Acid Peristaltic Pump 2-4 2026-27, 2029-30
Natatorium Circulation Motor & Pump 10 2026-27
Natatorium Controller 15-20 2029-30
Natatorium Heater 10 2026-27
Natatorium Solar Pump 6-8 2026-27
Natatorium Variable Frequency Drive (VFD)10-20 2030-31
Pit Fill Valves 5-10 2026-27
Priority Valves 6-8 2025-26
Slide Controller 15-20 2030-31
Slide Tower Booster Motor & Pump 1 10 2026-27
Slide Tower Booster Motor & Pump 2 10 2026-27
Slide Tower Booster Motor & Pump 3 10 2026-27
Slide Tower Circ Motor & Pump 10 2030-31
Slide Tower Heater 10 2026-27
Slide Tower VFD 10-20 2030-31
Splash Zone Booster Motor & Pump 1 10 2026-27
Splash Zone Booster Motor & Pump 2 10 2026-27
Splash Zone Circ Motor & Pump 10 2026-27
Splash Zone Controller 15-20 2026-27
Splash Zone Heater 10 2026-27
Splash Zone VFD 10-20 2029-30
Sport Heater 10 2026-27
Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678Docusign Envelope ID: B6EF6CF8-8ACE-4720-A672-50F0BFB76E07
Services Agreement between October 1, 2025
City of Dublin and East Bay Pool Service Inc.
Exhibit A – Page 13 of 17
Sport Pool Circ Pump Motor & Pump 10 2026-27
Sport Pool Controller 15-20 2029-30
Sport Pool VFD 10-20 2029-30
UV Quartz 2-3 2027-28,2029-30, 2031-32
UV Wiper 2 2027-28,2029-30, 2031-32
AMENITIES
Item Lifespan Year Needed
Back Boards 2-3
2026-27,
2028-29,
2030-31
Grates 10 2034-35
Guard Chairs 10 - 15 2026-27
Guard Tubes 2-3
2026-27,
2028-29,
2030-31
Ladder Railings 10 - 15 2026-27
Lane Line Reels 15-20 2028-29
Main Drain Cover 10 2026-27
Natatorium Flags 15-20 2026-27
Natatorium Lane Lines 10 2026-27
Natatorium Under Water Lights 6 2029-30
Natatorium Wheelchair 3-4 2026-27
Ring Buoy 2-3
2026-27, 2028-2029, 2030-
2031
Safety Signage 10 - 15 2026-27
Shepards Crooks 2-3
2026-27,
2028-29,
2030-31
Sport Lane Lines 10 2026-27
Sport Pool ADA Lift 10 2030-31
Sport Pool Dive Blocks 15-20 2034-35
Sport Pool Flags 2-4
2025-26,
2028-29,
2031-32
Sport Pool Polo Goals 15-20 2026-27
Sport Pool Tarps 10 2026-27
Sport Pool Under Water Lights 6 2029-30
SLIDE TOWER
Item Lifespan Year Needed
Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678Docusign Envelope ID: B6EF6CF8-8ACE-4720-A672-50F0BFB76E07
Services Agreement between October 1, 2025
City of Dublin and East Bay Pool Service Inc.
Exhibit A – Page 14 of 17
Capsule Slide Electronics 10 - 15 2026-27
Capsule Slide Pneumatics 10 - 15 2026-27
E-stop Buttons 8 - 10 2026-27
Electrical / Pneumatic Mount and Conduit 10 2033-34
First Deck Run Out Netting 2 - 3
2025-26,
2027-28,
2029-30,
2031-32
Flow Meter and Gauges 8 - 10 2026-27
Foundation Inspection 10 2026-27
Lighting 15-20 2031-32
Non-Destructive Testing 10 2026-27
Platform Decking & Coping (Fiberboard)10 - 15 2026-27
Run Out Fencing 20 2034-35
Scaffolding 5 2026-27,
2031-32
Signage 2 - 3
2025-26,
2027-28,
2029-30,
2031-32
Slide Exterior Paint 10 2026-27
Sprayer Nozzle and Tubing for Bowl Slide 6 2029-30
Stair Platforms (Fiberboard)10 - 15 2026-27
SPLASH ZONE
Item Lifespan Year Needed
Anodes 2
2025-26, 2027-28,
2029-30,
2031-32
Base Plates 6-8 2026-27
Feature Bearings 10 2026-27
Gaskets 2-4 2026-27
Hose Jets 2
2025-26,
2027-28,
2029-30,
2031-32
Large Tipping Bucket 20 2034-35
Palm Tree Branches 2
2025-26,
2027-28,
2029-30,
2031-32
Signage 6-8 2026-27
Structure Pannels 6-8 2026-27
Surf Boards 6-8 2026-27
Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678Docusign Envelope ID: B6EF6CF8-8ACE-4720-A672-50F0BFB76E07
Services Agreement between October 1, 2025
City of Dublin and East Bay Pool Service Inc.
Exhibit A – Page 15 of 17
Tipping Buckets 20 2034-35
Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678Docusign Envelope ID: B6EF6CF8-8ACE-4720-A672-50F0BFB76E07
Services Agreement between October 1, 2025
City of Dublin and East Bay Pool Service Inc.
Exhibit A – Page 16 of 17
PREVENTATIVE MAINTENANCE TOTALS*
Year Mechanical
Room Amenities Slide Tower Splash Zone Annual Total
0**
(FY25/26)$15,000 $8,000 $4,000 $5,000 $32,000
1
(FY26/27)$506,000 $107,000 $21,000 $22,000 $656,000
2
(FY27/28)$3,000 $2,000 $4,000 $5,000 $14,000
3
(FY28/29)$9,000 $47,000 $0 $6,000 $62,000
4
(FY29/30)$156,000 $38,000 $11,000 $5,000 $210,000
5
(FY30/31)$9.000 $19,000 $0 $6,000 $34,000
Total $698,000 $221,000 $40,000 $49,000 $1,008,000
*Rounded up to the nearest $1,000
**Year 0 (FY25/26) prorated to align contract with fiscal year cycle
COMPENSATION SCHEDULE:
TOTAL COMPENSATION BY TYPE AND BY YEAR
Category Year 0 Year 1 Year 2 Year 3 Year 4 Year 5 Subtotal
O&M*$192,00
0
$238,00
0
$246,00
0
$255,00
0
$264,00
0
$272,00
0 $1,467,000
O&M
Contingency
**
$39,000 $48,000 $50,000 $51,000 $53,000 $55,000 $296,000
Preventative
Maintenance $32,000 $656,00
0 $14,000 $62,000 $210,00
0 $34,000 $1,008,000
Preventative
Maintenance
Contingency
***
$500,000 $500,000
Total $263,00
0
$942,00
0
$310,00
0
$368,00
0
$527,00
0
$361,00
0 $3,271,000
*O&M costs include a 3% increase each year to account for inflation. Contractor shall notify City
no later than 60 days prior to a new Fiscal Year (July 1 – June 30) if this 3% increase is
required.
**O&M Contingency of up to 20% of the annual O&M allotment is allocated in each year of the
contract to cover unexpected operation and maintenance costs. Funds do not carryover and
can only be spent with approval from the Contract Manager or designee.
***Preventative Maintenance Contingency of $500,000 is allocated to cover unexpected
equipment maintenance activities in the 5-year contact term. Funds can only be spent with
approval from the Contract Manager or designee.
Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678Docusign Envelope ID: B6EF6CF8-8ACE-4720-A672-50F0BFB76E07
Services Agreement between October 1, 2025
City of Dublin and East Bay Pool Service Inc.
Exhibit A – Page 17 of 17
All materials/supplies required to perform these services shall be provided by the Contractor. If
utilizing a Subcontractor, Contractor may charge an administrative fee not to exceed 10% of
subcontractor costs.
Invoices shall be submitted electronically to: pwinvoices@dublin.ca.gov. Invoices shall be
submitted as work is completed, and not more often than once a month, per the Agreement.
Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678Docusign Envelope ID: B6EF6CF8-8ACE-4720-A672-50F0BFB76E07