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HomeMy WebLinkAbout2014-120 I RESOLUTION NO. 2014-120 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A VENDOR 3 SERVICES AGREEMENT AND THE DIRECTOR OF ADMINISTRATIVE SERVICES 4 TO ISSUE A PURCHASE ORDER IN THE AMOUNT OF $29,884 TO COMMERCIAL AQUATICS SERVICES FOR THE REPLACEMENT OF A TWO-TANK 5 COMMERCIAL POOL FILTRATION SYSTEM AT THE DELMANN HEIGHTS POOL. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 7 SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. The City Manager is hereby authorized and directed to execute a Vendor 9 Service Agreement between the City of San Bernardino and Commercial Aquatic Services, Inc. 10 attached hereto as Exhibit "A" and incorporated herein by this reference. 11 SECTION 2. The Director of Administrative Services is hereby authorized and 12 directed to issue a purchase order in the amount of$29,884 to Commercial Aquatic Services, 13 Inc. for the replacement of a two-tank pool filtration system at the Delmann Heights Pool 14 location. 15 SECTION 3. The authorization to execute the above referenced Agreement is 16 17 rescinded if the Agreement is not signed within sixty(60) days of the passage of this resolution. 18 19 20 21 22 /// 23 24 HI 25 2014-120 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A VENDOR 2 SERVICES AGREEMENT AND THE DIRECTOR OF ADMINISTRATIVE SERVICES TO ISSUE A PURCHASE ORDER IN THE AMOUNT OF $29,884 TO COMMERCIAL 3 AQUATICS SERVICES FOR THE REPLACEMENT OF A TWO-TANK 4 COMMERCIAL POOL FILTRATION SYSTEM AT THE DELMANN HEIGHTS POOL. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 joint regplar Common Council of the City of San Bernardino at a meeting thereof, held on the 5 th 7 day of May , 2014, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 10 MARQUEZ x 11 BARRIOS x 12 VALDIVIA x 13 SHORETT x 14 NICKEL x 15 JOHNSON x 16 MULVIHILL x 17 18 l' - 19 Georgeann Hanna, City Clerk 20 The foregoing resolution is hereby approved this da May , 2014. 21 /P 22 R. CAREY AVIS, Mayor 23 City of San Bernardino Approved as to form: 24 GARY D. SAENZ, City Attorney 25 By: --� 201 +-120 y VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COMMERCIAL AQUATIC SERVICES FOR THE REPLACEMENT OF A POOL FILTRATION SYSTEM This Vendor Service Agreement is entered into this_JtJAay ofd_,2014 by and between Commercial Aquatic Services ("VENDOR")and the City of San Bernardino(`°CITY" or"San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the CITY to contract for the replacement of a commercial pool filtration system Delmann Heights Pool in the interest of perpetuating public pool use service delivery;and WHEREAS, the City of San Bernardino did solicit and accept quotes from available vendors for professional commercial pool equipment replacement services and Commercial Aquatic Services was the most responsible and responsive bidder. NOW,THEREFORE,the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages the services of VENDOR to provide those products and services as set forth on Exhibit"A,"attached hereto and incorporated herein. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to the amount of $ 29,884.00 for the replacement of a two-tank pool filtration systems at the Delmann Heights Pool facility. b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM;TERMINATION. All work shall be fully completed within 60 days from"Notice To Proceed",but no later than June 30, 2014. The commercial pool filtration systems shall be fully operational at that time: . This Agreement may be terminated at any time by thirty (30) days' written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. The duration of this Agreement may be extended with the written consent of both parties. 4. INDEMNITY. Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or 1 2014-120 asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its own expense, including attorney's fees, the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. Vendor hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the Vendor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of$1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. 6. NON-DISCRIMINATION. , In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law, except as permitted pursuant to Section 12940 of the California Government Code. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for VENDOR and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. 2 2014-120 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: TO THE VENDOR: Director of Parks,Recreation& Commercial Aquatics Services Community Services 1332 Bell Avenue 201 North"E" Street, Suite 301 Tustin, CA 92780 San Bernardino, CA 92401 (714)788-9386 Telephone: (909) 384-5233 10. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement,the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 11. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assign; transfer, sublet or encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs,representatives, successors,and assigns. 3 2014-120 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. SEVERASILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. REMEDIES; WAIVER All remedies available to either party for one or more breaches by the other party are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless such waiver shall be in writing and signed by the party against whom enforcement is sought. 18. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supercedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. 4 2014-120 VENDOR SERVICES AGREEMENTBETWEEN THE CITY OF SAN BERNARDINO AND COMMERCIAL AQUATIC SERVICES FOR REPLACEMENT OF A POOL FILTRATION SYSTEM IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: ,2014 VENDOR: Commercial Aquatic Services By: Its: Dated ,2014 CITY OF SAN BERNARDINO By: City Manager or designee Approved as to Form: Gary D. Saenz, City Attorney 5 2014-120 EXHIBIT A SCOPE OF SERVICES CITY OF SAN BERNARDINO DELMANN HEIGHTS POOL—FILTRATION SYSTEM The intent of this filter system specification is to establish material and performance criteria that will benefit the owners and operators of said filter system. Certificated proof of materials and design, plus proof of performance and localized service, shall be a requirement of this specification. The filter system, specified herein, shall be the standard cataloged product of a company regularly engaged in the manufacture of industrial and commercial grade frilly automatic horizontal configuration pressure type Hi-Rate Permanent Media filtration equipment. The system shall consist of filter tanks, face piping with controlling valves, automated filter control device (manual), gauges, hardware, air relief system, pressure amplification system, setting templates, printed installation/operation and service manuals, filter media and printed manufacturer's warranties. NOTE: The Power Amplification System at the Delmann Heights Pool shall be salvaged and used in the replacement system. 1)FILTER PERFORMANCE CRITERIA The filter system shall be of the pressure type,horizontal in its configuration, suitable for a single grade of filter media, and shall bear the listing mark of the National Sanitation Foundation(NSF Standard 50 for a maximum flow of 20 gallons per minute per square foot of filter area with a maximum pressure loss across any filter tank,when clean,of 6.1 psi. The filter system shall consist of two (2) filter tank(s). Each tank with a total effective filter area of 13.5 square feet. The system will therefore have a total effective filter area of 27 square feet. When operating at between 15 and 20 gallons per minute per square foot, the filter system will have a capacity of filtering between 180,000 and 237,600 gallons in six (6) hours. Each filter tank in the system shall be backwashed individually,using clean filtered water from the adjacent tank(s). Reverse flow backwash of the filter system with raw unfiltered source water will not be acceptable: To minimize waste line sizes and reduce impact on wastewater disposal systems, the maximum allowable backwash flow rate of the entire filter system shall not exceed 248 gallons per minute. 2)FILTER TANK(S) a)Tank(s) The filter vessel(s) shall be 36 inches in diameter with a side shell length of 48 inches, allowing for ease of installation, specified flow and backwash rates as well as ease of service. Dished and flanged heads shall be butt welded to each end of the side shell. The side shell and heads shall be carbon steel, 3/16 inch thick and suitable for a working pressure of 50 psi with a safety factor of 4 to 1 and a vacuum of 25 inches of mercury. Tanks fabricated of filament wound fiberglass and/or reinforced plastic will not be acceptable methods and/or materials of 6 2014-120 construction. Tanks fabricated of stainless steel will not be allowed unless they meet all provisions of this specification; i.e. material thickness,welds,coatings,etc. All welds shall be continuous, uniform and performed on the inside and outside of all joints with in the tank(s). Jig locator and hold down fixtures shall be utilized to assure continuity of tanks and their fitting locations. An 11 inch x 15 inch access manway with yoke, cover and gasket shall be fitted at the front end of the tank, providing ease of access for media loading and service. Side and top located manways shall not be allowed as they limit tank interior access. The filter vessel shall be fitted with two (2) 4-inch bottomed flanges located in the top side shell to serve as influent and effluent plumbing connections. A 2.5-inch bottomed flanged port shall be located in the lower portion of the tank to serve as winterizing and/or media dump port connection. Another 2.5-inch port shall be located in the upper most portion of the side shell to serve as a manual air relief valve/port connection. All four Duplex Bottomed Flanges shall contain threaded bottomed fastener ports to allow connection of companion flanges to the outside of the vessel without allowing fastening bolts to penetrate to the inside of the vessel. The filter vessel shall be supported by four(4) gusseted strap type legs which shall accommodate seismic zone 4 installation. All necessary mounting hardware shall be provided along with an anchor bolt setting template for ease and accuracy of filter vessel installation. b)Protective Coatings All interior and exterior surfaces of the filter tank and its penetrations shall be grit blasted to white metal. All interior and outer flanged surfaces shall be bound with a seamless coating of "Envirobond"TM LLD Polyethylene NSF Standard 61 listed material. There will be no separation between the lining and the tank allowed. The material must maintain a minimum of .20 inch thickness inside the vessel and flow smoothly out through the flange openings and onto the flange faces. All wetted surfaces will be inspected for proper mil thickness and holidays. The tank exterior surface shall be coated with 3 to 5 mils of an industrial grade polyurethane high gloss B finish coat. c)Internal Distribution and Collection System The internal components shall be hydraulically balanced to prevent migration of the filter media during the filtration cycles and must uniformly fluidize the media in the backwash cycle without channeling or breakthrough at any one location. The influent distribution system shall consist of no less than then (10) hydraulic distribution lenses, which shall be fabricated of ABS plastic and PVC pipe and fittings. Distribution systems consisting of slotted pipes, or splash plates, will not be acceptable. The collection system shall consist of a one piece, molded collection header, schedule 80 piping and molded ABS "V" slotted 12"long threaded laterals. The laterals shall be capable of retaining a#30 grade filter media with minimum head loss. Laterals, which are made from plastic pipe with saw, cut slots or covered pipes will not be allowed. A minimum of twenty (20) molded laterals shall be utilized in each filter tank, assuring an even and complete fluidization of filter media during the backwashing cycle. The combined open area of the laterals shall not exceed a velocity of 6-feet per second at the designed filter flow rate. All internal components, including main headers, must be removable for repair and/or replacement should damage occur. d)Air Relief System 7 2014-120 An internal automatic air bleed system shall be provided in the tank. An anti-plug protective shield screen shall be installed on each assembly. A manually operated external air relief valve shall be provided on the tank. e)Winterizing/Drain and Media Dump Port In the front of each vessel shall be located a'/4-inch drain fitting which shall allow the evacuation of all water from the tank for the purpose of winterizing or service. A 3/4-inch o-ring seal plug adapter shall be provided for ease of removal and replacement. No media shall be allowed to leave the tank during the draining process. The media dump ort shall allow for the removal of all filter media from the vessel within 30 minutes. This dump port shall be a minimum of 2-inches in diameter and shall be installed in the front of each filter vessel, allowing for easy access. 3) BACKWASH VALVING AND PIPING a)Backwash Valve One (1) two-way, three port 4-inch backwash valve shall be supplied on each filter tank. The valve body shall be machined from heavy cast bronze. Plastic valve bodies will not be considered for this industrial/commercial use. Victaulic type couplers shall be provided at each port of the valve for connection to the filter tank and manifold piping. Each valve shall be fitted with a nominal 6-inch diameter piston operated hydraulic cylinder to actuate the valve. Electrically or diaphragm actuated valves will not be allowed. External valve linkage will not be allowed for safety and potential maladjustment reasons. The internal piston shaft shall be type 302 stainless steel and shall be supported above and below the piston with Delrin guide bushings. A silicone impregnated felt wiper shall be provided for internal shaft quad ring lubrication. All exterior coating of the valve shall be in accordance with the exterior coating specification of the filter tank. All stainless steel components used in this assembly shall be passivated and rinsed after forming and machining. The backwash valve shall be designed to allow for continuous circulation pump operation during the cycling between filter and backwash of the filter system. This requirement is for the prevention of potential loss of circulation pump prime and/or damage to boiler, chemical feed systems and piping. b)Priority Valve-Provided on all multiple tank filter systems. A hydraulically operated 6-inch or 8-inch IPS piston type, tamper proof, valve shall be supplied for use on the effluent manifold. The priority valve shall be made of PVC. A 10-inch electrical actuated valve shall be used with 10-inch manifolds. The priority valve shall be field adjustable, assuring the proper system flow rate and shall close upon command to restrict the effluent flow, allowing for the designed backwash flow rate. The priority valve shall operate automatically in concert with the system's backwash valves. External operating linkage or diaphragm actuated valves will not be allowed. c)Piping The influent, effluent and waste manifolds shall be constructed of PVC Schedule 80 pipe and fittings. The influent and effluent manifolds shall be 6" inch IPS. The manifolds shall be attached with victaulic type couplers fabricated of glass filled noryl to provide alignment, flexibility and absorption of seismic stress as well as noise and vibration attenuation. The waste line shall be a 4-inch IPS manifold and shall be fitted with a waste control valve and clear 4-inch diameter sight 8 2014-120 glass assembly. The valve shall be of the tamper proof design and require a tool for backwash flow rate change. To minimize floor space requirements and provide unhindered access to filter control PLC, media dump port and manhole, backwash valves and manifold piping shall be located on top of filter tanks. All piping shall be factory assembled and pressure tested. The assemblies shall then be coated with a material to prevent ultra violet ray degradation of the plastic and shall color match all other system components. 4)FILTER CONTROLLER-MODEL "M" The filter controller shall be a manual valve actuation to initiate the backwash cycle and shall be a single-knob control using a multi-port control valve to distribute water to hydraulically operated diaphragm valves. Multi-port control valve, influent, effluent and multi-port pressure gauges shall be mounted on a common panel. Console shall govern the operation of the filter system with logic provided by a programmable logic controller (PLC) with a touch screen operator interface. It shall provide direct constant readout for modes of operation, filter flow rate, water temperature and alarm status. It shall also control hydraulic activation of backwash for up to sixteen (16) filter vessels with an Electro-mechanical solenoid array. Printed circuit board based controllers with mechanical hydraulic multiport valves shall not be considered equal. 5)PRESSURE SUPPLY SYSTEM An in-line "Y" strainer, 2-1/2 inch 0-100 psi pressure gauge and pressure regulator shall be supplied as part of the filter system. The pressure supply system shall clean and govern the pressure of the water used to actuate the filter system's automatic valves. 6) PRESSURE AMPLIFICATION SYSTEM A Pressure Amplification System shall be provided and shall consist of a single suction centrifugal pump, hydro-pneumatic pressure sustaining tank, adjustable pressure switch, 50-feet of 3/8-inch Nylo Seal tubing and all necessary tubing connectors. This system shall use the filter system effluent water for actuation of backwash valves. a)Pump The housing and impeller shall be made of molded fiberglass reinforced thermoplastic. A mechanical seal shall be provided between the pump housing and the motor. The seal shall be a precision lapped, highly polished carbon-ceramic stainless steel shaft seal; assuring drip proof protection. The motor shall be a % HP, single phase, 60 cycle, 3450 RPM, suitable for service with a 115 volt PLC Filter Controller or a 3/A HP, single phase, 50 cycle, 2800 RPM, suitable for service through a relay with the 24 volt output of the PLC Filter Controller. The motor shall be a NEMA "C" face square flange mounting with a drip proof enclosure. The motor shall be equipped with sealed ball bearings to provide for smooth, quiet operation. The booster pump shall be performance rated at five(5) gallons per minute at 93-feet of head. b) Tank Pressurized water shall be contained in a hydro-pneumatic steel tank which shall be lined with an epoxy coating. The tank will employ a flexing diaphragm separating wet and dry chambers. The 9 2014-120 steel tank shall be designed for maximum working pressure of one hundred (100) psi. Tank connection shall be 3/4- inch NPTM. c)Pressure Switch A pressure switch shall be mounted directly to the pump motor and shall be rated for the operation of a 1-1/2 HP motor at 115 volt, single phase. The switch will allow for adjustment of cut-in and cut-out pressure. d)Check Valve A 1/2-inch spring loaded check valve shall be supplied as part of the assembly. The check valve shall be installed on the pump suction and shall be designed to retain water pressure accumulated within the amplification system. e)Tubing and Fittings Fifty-feet of 3/8-inch Nylo Seal tubing and all necessary tubing to pipe fittings shall be supplied for the connection of the Pressure Amplification System to the filter system and the PLC Filter Controller. f)Finish The entire system shall be coated with an industrial grade polyurethane high gloss protective finish, similar in color to that of the filter system. 7)CERTIFICATION Certified engineering drawings and calculations will be required for structural strength of filter tank(s) and seismic loads. Proof of National Sanitation Foundation (NSF) and Underwriters Laboratories (UL) listing is also required. 8)GAUGE PANEL A molded gauge panel shall be mounted on the automatic filter control panel. It shall be fitted with two (2) 4-1/2 inch diameter 0-100 psi pressure gauges and a field adjustable differential pressure gauge/switch. 9)HARDWARE All fasteners (nuts, bolts and washers) employed in the system and components of the system shall be provided by the filter manufacturer, all of which shall be cadmium plated. 10)INSTRUCTIONS Printed and bound operating, installation and service manuals with exploded parts lists shall be supplied with the filter system. 11)START-UP The manufacturer of the filtration system shall provide his services or those of his locally appointed factory representative for one day at the time of start-up of the filter system. The start- up shall include adjustments to the filter system and all of its controlling components, calibration and set-up of the filter controller and instructions to the owner and operators of the filter system. The factory or its local service representative shall visit the filter system installation prior to the completion of one year of service. 10 2014-120 The factory/representative, with the owner and operator, will inspect all of the filter system components for signs of wear/malfunction at that time. Any and all worn or malfunctioning items shall be replaced at no expense to the owner. The representative will thoroughly instruct the owner/operator on annual service procedures for the filtration system, all at no expense to the owner. 12)FILTER MEDIA The filter media shall be of a single grade and shall consist of uniformly graded silica sand with rough irregular edges, not rounded, which shall be free of limestone or clay. Twenty-one (21) cubic feet of media per tank will be required, support media(gravel)will not be allowed. a)#20 Sand(recommended for general purpose use) Filter media shall be Grade 920, effective size .45 millimeter with a uniformity coefficient of 1.5 maximum. MEDIA ANALYSIS Sieve No. Percent Retained on (US Series)mm Opening Sieve(By Weight) 20 0.833 (0.333 in) 2 30 0.589 (0.023 in) 58 40 0.417 (0.016 in) 36 50 0.295 (0.012 in)4 13)PACKAGING To protect and safeguard all components of the filter system, they shall be supplied in wooden crates to facilitate shipment,handling and/or storage on job site. 14)WARRANTY A twenty (20) year limited warranty covering the composite filter tank, a ten (10) year limited warranty covering all non-electronic components, and a one (1) year full warranty covering electrical components, shall be provided for the filter system(s) specified herein. The first three (3) years of the warranty period shall be unconditional on all non-electrical components. The fourth (4th) year through the end of the warranty period may be limited and prorated. On-site warranty is provided for one full year. 11 2014-120 VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COMMERCIAL AQUATIC SERVICES FOR THE REPLACEMENT OF A POOL FILTRATION SYSTEM This Vendor Service Agreement is entered into thisatbday of May ,2014 by and between Commercial Aquatic Services("VENDOR")and the City of San Bernardino("CITY"or"San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the CITY to contract for the replacement of a commercial pool filtration system Delmann Heights Pool in the interest of perpetuating public pool use service delivery;and WHEREAS, the City of San Bernardino did solicit and accept quotes from available vendors for professional commercial pool equipment replacement services and Commercial Aquatic Services was the most responsible and responsive bidder. NOW,THEREFORE,the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages the services of VENDOR to provide those products and services as set forth on Exhibit"A,"attached hereto and incorporated herein. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to the amount of $ 29,884.00 for the replacement of a two-tank pool filtration systems at the Delmann Heights Pool facility. b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM;TERMINATION. All work shall be fully completed within 60 days from"Notice To Proceed",but no later than June 30, 2014. The commercial pool filtration systems shall be fully operational at that time. This Agreement may be terminated at any time by thirty (30) days' written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. The duration of this Agreement may be extended with the written consent of both parties. 4. INDEMNITY. Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or 1 2014-120 asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its own expense, including attorney's fees, the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. Vendor hereby waives any and all rights to any types of. express or implied indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the Vendor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of$1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law, except as permitted pursuant to Section 12940 of the California Government Code. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for VENDOR and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. • 2 2014-120 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service,postage prepaid and addressed as follows: TO THE CITY: TO THE VENDOR: Director of Parks,Recreation& Commercial Aquatics Services Community Services 1332 Bell Avenue 201 North"E" Street, Suite 301 Tustin, CA 92780 San Bernardino, CA 92401 (714)788-9386 Telephone: (909) 384-5233 10. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement,the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 11. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assign; transfer, sublet or encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs,representatives, successors,and assigns. 3 2014-120 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. REMEDIES; WAIVER All remedies available to either party for one or more breaches by the other party are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless such waiver shall be in writing and signed by the party against whom enforcement is sought. 18. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supercedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. /// /// /// /// /// /// /// /// /// /// /// /// /// /// • /// /// /// /// /// 4 2014-120 VENDOR SERVICES AGREEMENTBETWEEN THE CITY OF SAN BERNARDINO AND COMMERCIAL AQUATIC SERVICES FOR REPLACEMENT OF A POOL FILTRATION SYSTEM IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: C Zi ,2014 VENDOR: Commercial Aquatic Services By: NAth ?AiØAAJU its: \)f is e(/\,-r Dated ,5 � ,2014 CITY OF SAN BERNARDINO By: City Managengskeiree Approved as to Form: Gary D. Saenz, City Attorney By:■ • • CIA4‘(C1-5-� 5 2014-120 EXHIBIT A SCOPE OF SERVICES CITY OF SAN BERNARDINO DELMANN HEIGHTS POOL—FILTRATION SYSTEM The intent of this filter system specification is to establish material and performance criteria that will benefit the owners and operators of said filter system. Certificated proof of materials and design, plus proof of performance and localized service, shall be a requirement of this specification. The filter system, specified herein, shall be the standard cataloged product of a company regularly engaged in the manufacture of industrial and commercial grade fully automatic horizontal configuration pressure type Hi-Rate Permanent Media filtration equipment. The system shall consist of filter tanks, face piping with controlling valves, automated filter control device (manual), gauges, hardware, air relief system, pressure amplification system, setting templates, printed installation/operation and service manuals, filter media and printed manufacturer's warranties. NOTE: The Power Amplification System at the Delmann Heights Pool shall be salvaged and used in the replacement system. • 1)FILTER PERFORMANCE CRITERIA The filter system shall be of the pressure type,horizontal in its configuration, suitable for a single grade of filter media, and shall bear the listing mark of the National Sanitation Foundation(NSF Standard 50 for a maximum flow of 20 gallons per minute per square foot of filter area with a maximum pressure loss across any filter tank,when clean,of 6.1 psi. The filter system shall consist of two (2) filter tank(s). Each tank with a total effective filter area of 13.5 square feet. The system will therefore have a total effective filter area of 27 square feet. When operating at between 15 and 20 gallons per minute per square foot, the filter system will have a capacity of filtering between 180,000 and 237,600 gallons in six (6) hours. Each filter tank in the system shall be backwashed individually,using clean filtered water from the adjacent tank(s). Reverse flow backwash of the filter system with raw unfiltered source water will not be acceptable. To minimize waste line sizes and reduce impact on wastewater disposal systems, the maximum allowable backwash flow rate of the entire filter system shall not exceed 248 gallons per minute. 2)FILTER TANK(S) • a)Tank(s) The filter vessel(s) shall be 36 inches in diameter with a side shell length of 48 inches, allowing for ease of installation, specified flow and backwash rates as well as ease of service. Dished and flanged heads shall be butt welded to each end of the side shell. The side shell and heads shall be carbon steel, 3/16 inch thick and suitable for a working pressure of 50 psi with a safety factor of 4 to 1 and a vacuum of 25 inches of mercury. Tanks fabricated of filament wound fiberglass and/or reinforced plastic will not be acceptable methods and/or materials of 6 2014-120 construction. Tanks fabricated of stainless steel will not be allowed unless they meet all provisions of this specification; i.e. material thickness,welds,coatings,etc. All welds shall be continuous, uniform and performed on the inside and outside of all joints with in the tank(s). Jig locator and hold down fixtures shall be utilized to assure continuity of tanks and their fitting locations. An 11 inch x 15 inch access manway with yoke, cover and gasket shall be fitted at the front end of the tank, providing ease of access for media loading and service. Side and top located manways shall not be allowed as they limit tank interior access. The filter vessel shall be fitted with two (2)4-inch bottomed flanges located in the top side shell to serve as influent and effluent plumbing connections. A 2.5-inch bottomed flanged port shall be located in the lower portion of the tank to serve as winterizing and/or media dump port connection. Another 2.5-inch port shall be located in the upper most portion of the side shell to serve as a manual air relief valve/port connection. All four Duplex Bottomed Flanges shall contain threaded bottomed fastener ports to allow connection of companion flanges to the outside of the vessel without allowing fastening bolts to penetrate to the inside of the vessel. The filter vessel shall be supported by four(4) gusseted strap type legs which shall accommodate seismic zone 4 installation. All necessary mounting hardware shall be provided along with an anchor bolt setting template for ease and accuracy of filter vessel installation. b)Protective Coatings All interior and exterior surfaces of the filter tank and its penetrations shall be grit blasted to white metal. All interior and outer flanged surfaces shall be bound with a seamless coating of "Envirobond"TM LLD Polyethylene NSF Standard 61 listed material. There will be no separation between the lining and the tank allowed. The material must maintain a minimum of .20 inch thickness inside the vessel and flow smoothly out through the flange openings and onto the flange faces. All wetted surfaces will be inspected for proper mil thickness and holidays. The tank exterior surface shall be coated with 3 to 5 mils of an industrial grade polyurethane high gloss B finish coat. c)Internal Distribution and Collection System The internal components shall be hydraulically balanced to prevent migration of the filter media during the filtration cycles and must uniformly fluidize the media in the backwash cycle without channeling or breakthrough at any one location. The influent distribution system shall consist of no less than then (10) hydraulic distribution lenses, which shall be fabricated of ABS plastic and PVC pipe and fittings. Distribution systems consisting of slotted pipes, or splash plates, will not be acceptable. The collection system shall consist of a one piece, molded collection header, schedule 80 piping and molded ABS "V" slotted 12"long threaded laterals. The laterals shall be capable of retaining a#30 grade filter media with minimum head loss. Laterals, which are made from plastic pipe with saw, cut slots or covered pipes will not be allowed. A minimum of twenty (20) molded laterals shall be utilized in each filter tank, assuring an even and complete fluidization of filter media during the backwashing cycle. The combined open area of the laterals shall not exceed a velocity of 6-feet per second at the designed filter flow rate. All internal components, including main headers, must be removable for repair and/or replacement should damage occur. d)Air Relief System 7 2014-120 An internal automatic air bleed system shall be provided in the tank. An anti-plug protective shield screen shall be installed on each assembly. A manually operated external air relief valve shall be provided on the tank. e)Winterizing/Drain and Media Dump Port In the front of each vessel shall be located a'/a-inch drain fitting which shall allow the evacuation of all water from the tank for the purpose of winterizing or service. A 3/a-inch o-ring seal plug adapter shall be provided for ease of removal and replacement. No media shall be allowed to leave the tank during the draining process. The media dump ort shall allow for the removal of all filter media from the vessel within 30 minutes. This dump port shall be a minimum of 2-inches in diameter and shall be installed in the front of each filter vessel, allowing for easy access. 3)BACKWASH VALVING AND PIPING a)Backwash Valve One (1) two-way, three port 4-inch backwash valve shall be supplied on each filter tank. The valve body shall be machined from heavy cast bronze. Plastic valve bodies will not be considered for this industrial/commercial use. Victaulic type couplers shall be provided at each port of the valve for connection to the filter tank and manifold piping. Each valve shall be fitted with a nominal 6-inch diameter piston operated hydraulic cylinder to actuate the valve. Electrically or diaphragm actuated valves will not be allowed. External valve linkage will not be allowed for safety and potential maladjustment reasons. The internal piston shaft shall be type 302 stainless steel and shall be supported above and below the piston with Delrin guide bushings. A silicone impregnated felt wiper shall be provided for internal shaft quad ring lubrication. All exterior coating of the valve shall be in accordance with the exterior coating specification of the filter tank. All stainless steel components used in this assembly shall be passivated and rinsed after forming and machining. The backwash valve shall be designed to allow for continuous circulation pump operation during the cycling between filter and backwash of the filter system. This requirement is for the prevention of potential loss of circulation pump prime and/or damage to boiler, chemical feed systems and piping. b)Priority Valve-Provided on all multiple tank filter systems. A hydraulically operated 6-inch or 8-inch IPS piston type, tamper proof, valve shall be supplied for use on the effluent manifold. The priority valve shall be made of PVC. A 10-inch electrical actuated valve shall be used with 10-inch manifolds. The priority valve shall be field adjustable, assuring the proper system flow rate and shall close upon command to restrict the effluent flow, allowing for the designed backwash flow rate. The priority valve shall operate automatically in concert with the system's backwash valves. External operating linkage or diaphragm actuated valves will not be allowed. c)Piping The influent, effluent and waste manifolds shall be constructed of PVC Schedule 80 pipe and fittings. The influent and effluent manifolds shall be 6"inch IPS. The manifolds shall be attached with victaulic type couplers fabricated of glass filled noryl to provide alignment, flexibility and absorption of seismic stress as well as noise and vibration attenuation. The waste line shall be a 4-inch IPS manifold and shall be fitted with a waste control valve and clear 4-inch diameter sight 8 2014-120 glass assembly. The valve shall be of the tamper proof design and require a tool for backwash flow rate change. To minimize floor space requirements and provide unhindered access to filter control PLC, media dump port and manhole, backwash valves and manifold piping shall be located on top of filter tanks. All piping shall be factory assembled and pressure tested. The assemblies shall then be coated with a material to prevent ultra violet ray degradation of the plastic and shall color match all other system components. 4)FILTER CONTROLLER-MODEL "M" The filter controller shall be a manual valve actuation to initiate the backwash cycle and shall be a single-knob control using a multi-port control valve to distribute water to hydraulically operated diaphragm valves. Multi-port control valve, influent, effluent and multi-port pressure gauges shall be mounted on a common panel. Console shall govern the operation of the filter system with logic provided by a programmable logic controller (PLC) with a touch screen operator interface. It shall provide direct constant readout for modes of operation, filter flow rate, water temperature and alarm status. It shall also control hydraulic activation of backwash for up to sixteen (16) filter vessels with an Electro-mechanical solenoid array. Printed circuit board based controllers with mechanical hydraulic multiport valves shall not be considered equal. 5)PRESSURE SUPPLY SYSTEM An in-line "Y" strainer, 2-1/2 inch 0-100 psi pressure gauge and pressure regulator shall be supplied as part of the filter system. The pressure supply system shall clean and govern the pressure of the water used to actuate the filter system's automatic valves. 6)PRESSURE AMPLIFICATION SYSTEM A Pressure Amplification System shall be provided and shall consist of a single suction centrifugal pump, hydro-pneumatic pressure sustaining tank, adjustable pressure switch, 50-feet of 3/8-inch Nylo Seal tubing and all necessary tubing connectors. This system shall use the filter system effluent water for actuation of backwash valves. a)Pump The housing and impeller shall be made of molded fiberglass reinforced thermoplastic. A mechanical seal shall be provided between the pump housing and the motor. The seal shall be a precision lapped, highly polished carbon-ceramic stainless steel shaft seal; assuring drip proof protection. The motor shall be a 1/2 HP, single phase, 60 cycle, 3450 RPM, suitable for service with a 115 volt PLC Filter Controller or a 3/4 HP, single phase, 50 cycle, 2800 RPM, suitable for service through a relay with the 24 volt output of the PLC Filter Controller. The motor shall be a NEMA "C" face square flange mounting with a drip proof enclosure. The motor shall be equipped with sealed ball bearings to provide for smooth, quiet operation. The booster pump shall be performance rated at five(5) gallons per minute at 93-feet of head. b)Tank Pressurized water shall be contained in a hydro-pneumatic steel tank which shall be lined with an epoxy coating. The tank will employ a flexing diaphragm separating wet and dry chambers. The 9 2014-120 steel tank shall be designed for maximum working pressure of one hundred (100) psi. Tank connection shall be 3/4-inch NPTM. c)Pressure Switch A pressure switch shall be mounted directly to the pump motor and shall be rated for the operation of a 1-1/2 HP motor at 115 volt, single phase. The switch will allow for adjustment of cut-in and cut-out pressure. d)Check Valve A 1/2-inch spring loaded check valve shall be supplied as part of the assembly. The check valve shall be installed on the pump suction and shall be designed to retain water pressure accumulated within the amplification system. • e)Tubing and Fittings Fifty-feet of 3/8-inch Nylo Seal tubing and all necessary tubing to pipe fittings shall be supplied for the connection of the Pressure Amplification System to the filter system and the PLC Filter Controller. f)Finish The entire system shall be coated with an industrial grade polyurethane high gloss protective finish, similar in color to that of the filter system. 7)CERTIFICATION Certified engineering drawings and calculations will be required for structural strength of filter tank(s) and seismic loads. Proof of National Sanitation Foundation (NSF) and Underwriters Laboratories (UL)listing is also required. 8)GAUGE PANEL A molded gauge panel shall be mounted on the automatic filter control panel. It shall be fitted with two (2) 4-1/2 inch diameter 0-100 psi pressure gauges and a field adjustable differential pressure gauge/switch. 9)HARDWARE All fasteners (nuts, bolts and washers) employed in the system and components of the system shall be provided by the filter manufacturer, all of which shall be cadmium plated. 10)INSTRUCTIONS Printed and bound operating, installation and service manuals with exploded parts lists shall be supplied with the filter system. 11)START-UP • The manufacturer of the filtration system shall provide his services or those of his locally appointed factory representative for one day at the time of start-up of the filter system. The start- up shall include adjustments to the filter system and all of its controlling components, calibration and set-up of the filter controller and instructions to the owner and operators of the filter system. The factory or its local service representative shall visit the filter system installation prior to the completion of one year of service. 10 2014-120 • The factory/representative, with the owner and operator, will inspect all of the filter system components for signs of wear/malfunction at that time. Any and all worn or malfunctioning items shall be replaced at no expense to the owner. The representative will thoroughly instruct the owner/operator on annual service procedures for the filtration system, all at no expense to the owner. 12)FILTER MEDIA The filter media shall be of a single grade and shall consist of uniformly graded silica sand with rough irregular edges, not rounded, which shall be free of limestone or clay. Twenty-one (21) cubic feet of media per tank will be required, support media(gravel)will not be allowed. a)#20 Sand(recommended for general purpose use) Filter media shall be Grade#20, effective size .45 millimeter with a uniformity coefficient of 1.5 maximum. MEDIA ANALYSIS Sieve No. Percent Retained on (US Series)mm Opening Sieve(By Weight) 20 0.833 (0.333 in)2 30 0.589 (0.023 in) 58 40 0.417 (0.016 in) 36 50 0.295 (0.012 in)4 13)PACKAGING To protect and safeguard all components of the filter system, they shall be supplied in wooden crates to facilitate shipment,handling and/or storage on job site. 14)WARRANTY A twenty (20) year limited warranty covering the composite filter tank, a ten (10) year limited warranty covering all non-electronic components, and a one (1) year full warranty covering electrical components, shall be provided for the filter system(s) specified herein. The first three (3) years of the warranty period shall be unconditional on all non-electrical components. The fourth (4th) year through the end of the warranty period may be limited and prorated. On-site warranty is provided for one full year. • 11