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HomeMy WebLinkAbout5.1046 Original Contract50'' Anniversary/ SHORE P al: Executive Director Steven D. Burke Board of Commissioners Pat Down ;e President Mike Chapman, VP Mike Doherty Brad Collins Gary Ho■mrymst J William Shore Memorial Pool District 2 -19 -12 Dan McKeen City Manager City of Port Angeles 321 East 5th StreetPort Angeles, WA 98362 Re: William Shore Memorial Pool District Maintenance Contract Dear Dan McKeen: The William Shore Memorial Pool District has been undergoing a major facility upgrade project which will be concluding in June this year. As a result the facility has been completely upgraded with new equipment and piping that has maintenance and service contracts attached. As new equipment has been installed, our current managers have also received training for the maintenance and operation of the new systems. The District is now in position to maintain the facility without the need of the maintenance contract which is in place with the City of Port Angeles. As required in the contract, we are giving a 90 day notice of terminating the contract as of June 1, 2013. I would like to take this opportunity to express the Board of Commissioners and my gratitude to Cory Delikat and Bob Petty for the outstanding work and cooperation we received during and after the transition of operating the William Shore Pool facility. Cory has been an excellent resource and was very accommodating to our changing needs and requirements. We have been extremely pleased with the level of professionalism and competence that Cory demonstrated on a daily basis. Bob Petty's ability and commitment to keep and maintain the facility in a constant reliable condition was instrumental in the successful transition and continued success of the pool. ft was a true testament to his commitment and professionalism that he was able to keep equipment and systems running which should have failed decades ago. I can say with great confidence that the commitment and dedication of Cory and Bob was a significant factor in the successful transition and continued operations of the facility without any major mechanical interruptions. Sincerely -/7\7".*: C) 1 1 "),A Steven D. Burke Executive Director William Shore Memorial Pool District cc: Tammy Sullenger, Board of Commissioners, Craig Miller, Advisory Committee 5.1046 225 E. 5th St., Port Angeles, WA 98362 (360) 417 -9767 w i l l i a m s h o r e p o o l. o r g This Amendment is made effective on the first day of January, 2012 by and between the City of Port Angeles, a Washington municipal corporation "City and the William Shore Memorial Pool District "WSMPD a Metropolitan Park District organized pursuant to Chapter 35.61 RCW, both located in Clallam County, Washington. Section 1. Prior Agreement. The Parties entered into an Agreement dated June 7, 2010 providing for pool maintenance. Except as provided in Section 2 below, the June 7, 2010 Agreement between the City and WSMPD is ratified and shall remain unchanged and in full effect. Section 2. The June 7, 2010 Agreement is hereby amended by adding to sub -part A of Section 1 of the Agreement a new paragraph, which shall read as follows: CITY OF PORT ANGELES B Kent e s Title: City ager Ap r red as to fo William E. Bloor, ity Attorney Attest: The Parties recite, covenant, and agree as follows: At the option of WSMPD, the hours allotted for fixed price work may be decreased to not less than 30 hours per month. To exercise this option, WSMPD must provide 60 days written notice to the City prior to the month the reduction of hours is to become effective. And, at the option of WSMPD, the hours allotted for fixed price work may be decreased to not less than 20 hours per month. To exercise this option, WSMPD must provide 90 days written notice to the City prior to the month the reduction of hours is to become effective. AMENDMENT TO AGREEMENT BETWEEN THE CITY OF PORT ANGELES AND WILLIAM SHORE MEMORIAL POOL DISTRICT a Hurd, City Clerk WILLIAM SHORE MEMORIAL POOL DISTRICT i� By: P IrY Title: EXE=C -0 l Tub '1 O Craig Approved Miller, Attorney` C \DOCUMENTS AND SETTINGS \TSULLENG \LOCAL SETTINGS \TEMPORARY INTERS ET FILES \CONTENT OUTLOOK\ 4HBQWKLO\AMMENDED INTERLOCAL AGREEMENT FOR MAINTENANCE BETWEEN THE CITY OF PORT ANGELES DOCX 1 Agreement Between the City of Port Angeles and the William Shore Memorial Pool District RECE, ED MAY 282010 9:1 CITY OF PORT ANGE'C' S BUILDING DIVISION This Agreement is made and entered between the City of Port Angeles "City a municipal corporation of the State of Washington and the William Shore Memorial Pool District "WSMPD a Metropolitan Park District organized pursuant to Chapter 35.61 RCW, both located in Clallam County.: Whereas the WSMPD is operated and maintained for the use and benefit of all residents within the WSMPD, Whereas the WSMPD is in need of maintenance services for its swimming Pool in order to be able to operate it in a safe and efficient manner, Whereas the City is uniquely capable of maintaining the Pool having done so since it was constructed in 1951; Whereas the parties desire to enter into an agreement relative to the maintenance of the Pool; NOW, THEREFORE, in consideration of promises and agreements contained herein, it is agreed as follows: 1. Provision of Pool Maintenance Services by the City. Commencing on June, 2010, and thereafter during the term of this Agreement, the City shall provide pool maintenance services for the WSMPD as described below. A. Fixed Price Work The City will perform up to 40 hours of services each calendar month This work will include the following services, to the extent they can be performed within the 40 hours allotted for this category of service. The work includes (1) provide a daily inspection for operability of the pool facility including the pool, sauna, diving board, pumps, air compressor, boiler, re- circulator pump for restroom, sump pump, HVAC system pump, chlorinator pump, chemical feed systems, main pump, leakage, water temperature, and pH. Make adjustments, calibrations, and minor repairs (not requiring additional procurement of replacement parts) to keep the equipment in good working order. (2) notify the Pool Manager of any condition discovered in the Pool that affects its safety or operability. (3) perform the following scheduled maintenance activities: (a) Exhaust Fans to heat pump inspect Annually indoor blower unit (b) In -line mounted centrifugal pump Quarterly cleaning (c) Main pool circulating pump clean fan Quarterly unit (a) Clean, acid wash, and dry pool. (b) Scrap loose paint and patch large chipped areas. (d) Main pool circulating pump grease Annually lubrication (e) Shower water circulating pumps Quarterly clean and lubricate (f) Pneumatic control system refrigerated Quarterly air dryer clean grill system and interior of air dryer; check air filter cartridge for replacement (g) Temperature controls air compressor Quarterly inspect belt, check oil level, and drain compressor (h) Temperature controls air compressor Annually change oil and outdoor inlet air filter (i) Boiler to HVAC system Quarterly clear /clean /test pop off valve (j) Boiler to HVAC system replace Annually during burned out elements, breakers, and shutdown contactors as needed (k) Air handlers to HVAC system Annually inspect belts and replace as needed; grease blower bearings (I) Filters to HVAC system replace filter Quarterly and clean inlet screen (m) Circulation pump to HVAC system Quarterly clean fan end; check plastic oil cup and fill as needed with lubricant (n) Hot water tank to showers flush Quarterly drain valve; clean and test pop off valve (o) Hot water tank to showers test Annually elements and check contactors and fuses, replacing as necessary (p) Diving stand oil hinges, grease Monthly fulcrum, and clean board (q) Chlorinator system clean interior and Bi- monthly remove build -up (r) Acid Pump replace rubber tube Annually assembly (s) DE feeder (Harborlite) grease drive Annually gears and chains; blow -out drive motor (t) Pool vacuum cleaner clean cartage Quarterly filters and disinfect (u) Emergency light test Quarterly (4) by April first of each calendar year, provide a list of recommended repair actions and estimated cost for the annual pool maintenance shutdown to WSMPD, which typically includes the following standard items: (c) Grout the trough and tile around the entire pool and locker rooms. (d) Remove or replace selected piping to pool inlets with PVC pipe. (e) Paint Pool. (f) Overhaul dive stand. (g) Check sauna benches, heaters, and other maintenance issues (h) Clean Surge Tank. (i) Remove or replace pool filters. (j) Flush hot water tank and check boiler elements. (k) Clean pool filters. (I) Clean and snake all of the pool drains (m) Put in new lane hooks (n) Pressure wash and repaint interior walls. (5) provide other minor repair services requested by the Pool Manager within the remainder of the 40 hours allocated in the fixed monthly labor for the agreement. As consideration for the 40 hours of services to be provided according to this Part A, Fixed Price Work, the District shall pay to the City a lump sum amount of $2400.00 per month during 2010 For worked performed in 2010, the hourly amount is the fixed price of $60.00 per hour. In future calendar years, the hourly amount shall be adjusted in accordance with Section 3, Price Adjustment, below. B. Reimbursable Work. The following items are typical of work that must be specifically authorized by WSMPD prior to commencement of the activity and shall be itemized on a monthly invoice as reimbursable work. For work performed in 2010, the inhouse City direct labor will be charged at the hourly labor rate stated in paragraph 1.A above. An estimate of the cost for each service will be provided upon request All reimbursable work must be approved in writing prior to commencement, with the exception of emergency work which may be authorized verbally, followed by a written authorization as soon as practical thereafter Reimbursable work includes: (1) Repair Services. As authorized by WSMPD and subject to agreement by the City, the City shall provide reimbursable services beyond the 40 hours provided in Part A Fixed Price Work, above. These activities may include major repair, troubleshooting and correcting equipment failure, alterations of the facility, work contained in the annual shutdown, and labor beyond the 40 hours in the fixed price portion of this agreement. Reimbursable repair work shall be charged at the established rate in paragraph 1.A. Overtime rates will apply for work outside regular working hours. Work may also includes any contracted repair work done by the City on behalf of WSMPD. Contracted work will be charged the total cost of the contract plus a 15% general overhead and administration costs (G &A) markup Additionally, any quality control labor from City staff for monitoring contractors will be charged as the direct hourly wage including overtime plus benefits plus a 30% G &A markup. (2) Engineering Services. Provide reimbursable engineering, design, or studies services. This work also includes any contracted consultant work done by the City on behalf of WSMPD. Reimbursable engineering work shall be charged as the direct hourly wage including overtime plus benefits plus a 30% G &A markup. Work may also includes any contracted consultant services done by the City on behalf of WSMPD. Contracted consultant work will be charged the total cost of the contract plus a 15% G &A markup Additionally, any quality control labor from City staff for monitoring contractors will be charged as the direct hourly wage including overtime plus benefits plus a 30% G &A markup. (3) Material Procurement. The cost of any materials, equipment, or supplies procured by the City on behalf of WSMPD will be charged at the direct cost of the item plus any applicable freight and taxes, and 15% markup for handling and administrative cost. In addition, WSMPD may directly procure materials for pool maintenance work and provide them to the City maintenance worker for installation. (4) Emergency After Hours Response. Provide reimbursable emergency after hours response to secure and contain emergency situations, and to remedy the problems An emergency number (s) will be provided to the Pool Manager. Standard overtime rates in effect at the City will be used, including benefits and 30% G &A markup. 2. Payment for Services by WSMPD. The WSMPD agrees to and promises to pay the City for the aforementioned services set forth in section 1 of this agreement. Payment will be made within thirty days of a properly submitted invoice. The City shall provide a monthly invoice for both the Fixed Price and the Reimbursable Work to the WSMPD no later than the fifth working day following the completion of a month. 3. Price Adiustment. The chargeable labor rates for 2010 are prescribed in the paragraphs above. In 2011 and thereafter, the chargeable labor rates will be adjusted annually based on the new direct labor rates and benefits in effect in the City, plus 30% G &A markup. Notice of the increase in rates shall be given to the WSMPD not less than one hundred and twenty (120) days prior to January 1 of the next succeeding calendar year. 4 Termination This agreement shall continue in force until terminated by either of the parties in accordance with this paragraph. This Agreement may be terminated, without cause and for convenience, by either party by serving written notice of termination upon the other party hereto ninety (90) days prior to the anticipated date of termination. 5. Dispute Resolution. If a dispute arises from or relates to this Agreement or the breach thereof and if the dispute cannot be resolved through direct discussions, the parties agree to endeavor first to settle the dispute in an amicable manner by mediation before resorting to arbitration. The mediator or arbitrator shall be an attorney practicing law in Clallam County, and may be selected by agreement of the parties or by appointment by the presiding judge of Clallam county Superior Court. Following mediation, any unresolved controversy or claim arising from or relating to this Agreement or breach thereof shall be settled through arbitration which shall be conducted under Superior Court MAR procedures. All fees and expenses for mediation or arbitration shall be borne by the parties equally. However, each party shall bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence. 6. Compliance. Failure to comply with any of the provisions stated herein, after receipt of a thirty day notice to cure, and the failure to so cure within that period shall constitute a material breach of this Agreement and cause for termination. Forgiveness of nonperformance of any provision of this Agreement does not constitute a waiver of the relevant provision nor of any other provision of this Agreement. 7. Modification No change, alteration, modification or addition to this Agreement will be effective unless it is in writing and properly signed by the parties hereto. 8. Insurance Requirements. For the duration of this Agreement, each party shall maintain liability insurance coverage through membership in the Washington Cities Insurance Authority or equivalent source. 9. Joint Indemnification and Hold Harmless Each party to this Agreement shall defend, indemnify and hold the other party, its appointed or elected officials, employees, officers, agents, assigns, volunteers or representatives, harmless from claims, actions, injuries, damages, losses or suits including attorney fees, arising or alleged to have arisen directly or indirectly out of or in consequence of the performance of this Agreement to the extent caused by the fault or negligence of the indemnitor, its appointed or elected officials, employees, officers, agents, assigns, volunteers or representatives. 10 Notices Any notices or other contacts required under the terms of this Agreement must be directed to the following, or to such other address or person as directed by any party by notice to the other. To the City of Port Angeles: Director of Public Works and Utilities 321 East Fifth St, P 0 Box 1150 City of Port Angeles, WA 98362 -0217 To the WSMPD. Chairman WSMPD board 223 East Fourth Street Port Angeles, WA 98362 -0217 11. Filing.. This Agreement shall be filed with the City Clerk of the City of Port Angeles.. 12. Governing Law. The existence, validity, construction, and enforcement of this Agreement shall be governed in all respects by the laws of the State of Washington. 13. Severabilitv If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated as a result of such decision. 14 Entire Aareement. No other understanding, oral or written, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. City of Port Angeles William Shore Memorial Pool District By di) Attest By: (name), M. or Approved as to form By nessa Hurd, City Clerk, MMC (name), (position) William E. Bloor, C`itttorney By. (name), (position) A.t i chtz4 C e p nia-v), CL►a U}t%(cl frtffnana,Q &v( Dt51);<cf Approved as to form: Dated this day of c 2010. i1 position)