Pool Management Services Request for Proposals

10/25/2018

Request for Proposals
Pool Management Services
Lake of the Woods Outdoor Pools – Summers of 2019, 2020, and 2021
 
RFP Issue Date: October 24, 2018
 
Proposal Due Date: December 14, 2018
 
Lake of the Woods Association, Inc., a large scale community association of 4,257 private home lots and over 8,000 residents in Locust Grove, Virginia, seeks the services of a qualified pool management services company with knowledge, skills and at least five years of experience in operating and managing outdoor pools for community associations during the Summers of 2019, 2020 and 2021 with possible one year renewals for 2022 and 2023.  Prospective firms must submit their proposals no later than 2 p.m. local time on December 14, 2018, to the General Manager’s Office, 102 Lakeview Parkway, Locust Grove, Virginia 22508.
 
Requirements
 
The successful firm will present a proposal that is responsive to the Statement of Work (SOW) attached to this RFP.  Selection will be based on “best value” for the LOWA residents.  (See Attachment #1: Contract Statement of Work). 
 
LOWA members and guests must follow LOWA Regulation XII, Use of the Swimming Pools.  The successful firm must ensure its employees are familiar with these rules. (See Attachment #2)
Successful firm must indicate willingness to sign the LOWA Contract Addendum (See Attachment #3: Contract Addendum) and to provide Certificate of Insurance with LOWA shown as additional insured.
 
By submitting its proposal, the successful firm acknowledges that this RFP and its proposal may become part of any contract entered into between LOWA and the firm.
 
Other Resources
  1. LOWA General Information: See www.LOWA.org (particularly “Swimming Pools” under the “Amenities” tab.)

 
RFP Point of Contact
Respondents are to address all questions to:
Chester Guzek, LOWA Assistant General Manager
cguzek@LOWA.org
540-972-2214
Interested firms are encouraged to submit a proposal to LOWA AGM Chester Guzek by email by 2 p.m. on Friday, December 14, 2018.  (Note requirement for on-site tour.)
Proposal Content
The proposal is to include:
  1. Letter of interest signed by a firm principal
  2. Overview and experience of firm (must have at least five years of experience)
  3. Service team resumes with name of point of contact with address, email and phone information
  4. Service approach to operations and maintenance
  5. Client references with point of contact information from three recent, similarly-sized operations, preferably community associations.  Include description of service provided.
  6. Willingness to sign the LOWA Contract Addendum and provide Certificate of Insurance with LOWA shown as additional insured
  7. Non-binding cost estimate for services broken down by categories for Summers of 2019, 2020 and 2021
Decision Factors
  1. Knowledge of the field
  2. Experience with similar contracts
  3. Understanding of the contract statement of work
  4. Service Approach
  5. Ability to work with Management and Pools Committee
  6. Affordability of cost of services
 

 
 
RFP Schedule
RFP Issue Date:                                                October 22, 2018
REQUIRED On-Site Tours (By Appointment)     November 5-16, 2018
Due Date for Submitting Questions                    November 30, 2018
Emailing Responses to Questions                       December 7, 2018
Due Date of Proposals                                       December 14, 2018 at 2 p.m.
Interviews                                                         January 7-11, 2019
Award and Notice to Proceed                             February 2, 2019
Kickoff Meeting/Walk Through                         April 2019
Pools Committee Introductory Meeting              April/May 2019
First Day of 2019 Season                                   Saturday, May 25, 2019*
First Day of 2020 Season                                   Saturday, May 26, 2019
First Day of 2021 Season                                   Saturday, May 29, 2019
*Construction Schedule Dependent*
 
 
 

 
Attachment #1
 
LAKE OF THE WOODS ASSOCIATION, INC.
CONTRACT STATEMENT OF WORK
(SOW)
1.0       INTRODUCTION
This Statement of Work (SOW) is part of the competitive procurement process to select a pool management company.  Selection will be based on “best value” for the LOWA residents.  The SOW provides clarity into the services that are to be provided to the Lake of the Woods Association, hereinafter called "LOWA", by a pool management company hereinafter called "Contractor".  The Lake of the Woods Association is in Locust Grove, Virginia.  LOWA owns and operates two pools:
  • Clubhouse Pool located at 201 Lake of the Woods Parkway, Locust Grove, VA 22508,
  • Sweetbriar Pool located at 101 Sweetbriar Park Road, Locust Grove VA. 22508.
 
LOWA is managed by our General Manager Phillip L. Rodenberg, also referred to in this SOW as the “GM”.
The Contractor shall, based on established industry standards, execute its obligations in a professional manner and deliver performance of the highest quality standards available, within the established schedule and cost.  The LOWA Community Operations Manager hereafter called “Agent” will supervise in consultation with the Assistant General Manager, Chester Guzek and the Community Operations Manager, Tracie Hayes and the GM.
2.0       BACKGROUND
LOWA is a large homeowners association with over 3,800 private homes located in Orange, Virginia.  The two pool facilities consist of one swimming pool, one wading pool and two bathhouses and all associated facilities and equipment including lane lines, pool furniture, etc.  The Clubhouse Pool operates seven days per week from the Saturday proceeding Memorial Day through Labor Day.  Clubhouse Pool facility in addition to regular open swim, also support a large active water fitness program. The Clubhouse Pool may have a delayed opening due to possible delays in construction.  The planned opening will be May 25, 2019 or a later date to be determined according to the Clubhouse Pool construction schedule.  The awarded contract will have a final opening date 30 days prior to May 25, 2019. The Sweetbriar Pool operates from the Saturday proceeding Memorial Day through Labor Day. The Sweetbriar Pool facility, in addition to regular open swim, also supports a large active swim team.  The Summer of 2020 and 2021 schedule is similar to 2019.
 
3.0       SERVICES/SUPPLIES TO BE PROVIDED BY LOWA
LOWA shall provide the following for contractor use in performance of all duties as described herein:
3.1       Utilities:  Functioning telephones, fresh water and electrical lines as required.
3.2       Pool cleaning/ vacuum equipment:  Pool cleaning equipment including vacuum hoses, vacuum brushes, skimmers and skimmer baskets.
3.3       Desk and Locker Space:  Desk and locker space to be used by Contractor employees in the performance of their assigned duties.
3.4       Garbage Receptacles:  Trash cans and trash can receptacles for use by pool patrons to dispose of garbage and recyclables.  The LOWA shall provide a commercial dumpster at the pool facilities and shall provide for weekly disposal service.
3.5       Keys: A sufficient number of sets of keys, as mutually agreed with the contractor, to allow contractor personnel access to the facilities.
3.6       Pool Rules:  A copy (Attachment #2) of the LOWA Board-approved pool regulations.
3.7       Contact List: A contact list for Agent employees to be contacted by the LOWA representatives as needed.
3.8       Reimbursement: Reimbursement to the Contractor for all pre-authorized services and supplies not funded as part of this contract, including pool chemicals not classified as disinfectants or PH balancers; maintenance and repair work as approved by the GM; additional operating hours for special events as approved by the GM; other services or supplies approved by the GM and provided outside of the scope of this contract. The Contractor shall invoice LOWA for such services and supplies in accordance with section 8.0 of this Statement of Work.
3.9       Janitorial/Other Supplies/ Equipment: LOWA shall provide all janitorial supplies, and other administrative or facility support equipment & supplies as requested by the Contractor and approved by the GM. The Agent shall make a final determination regarding the necessity of the requested equipment/supplies.
4.0       SERVICES /SUPPLIES TO BE PROVIDED BY CONTRACTOR
4.1 CONTRACTOR PERSONNEL
The Contractor shall provide and maintain a staff of qualified lifeguards and pool operators who are fluent in the English language and certified and licensed as required by law, to perform all of the duties described within this statement of work.  All lifeguards and pool operators employed by the Contractor shall have their original document of certification and valid photo identification at the pool facility during operation of the pool facility.  Additionally, all Contractor employees shall be familiar with and shall enforce the LOWA Pool Regulation XII Use of the Swimming Pools. The Contractor staff shall participate in LOW Fire and Rescue Company drills scheduled by LOWA.  The Contractor shall be wholly responsible for all pay and compensation as required by law for all staff members employed to support this contract.  The Contractor should give preference to hiring qualified LOWA residents when filling all staff positions. Contractor employees shall meet all legal requirements for employment in Orange County, Virginia.
4.1.1    Pool Management Coordinator: The Contractor shall have on staff one designated full time Pool Management Coordinator with responsibility for overall day to day management of this contract and all of its provisions.  The Pool Coordinator will be the primary point of contact for the Agent and shall be 21 years of age or older.  The Pool Management Coordinator (or another Contractor Representative) shall conduct weekly meetings with the Agent during the months of March through September or as requested by the GM.  The Pool Management Coordinator (or rep) shall provide monthly updates on pool operations, including daily bather load data, pool parties, facility status, and discuss any issues that may require Agent intervention and guidance. 
4.1.2    Pool Managers: Contractor shall have on staff one designated full time Pool Manager for each pool for the duration of the operating season.  Pool Manager shall be responsible for the day to day management and oversight of pool operations. Pool Managers shall be the primary point of contact for patrons of the pool and shall be 19 years of age or older, unless otherwise approved by the Agent.
4.1.3 Lifeguards: All lifeguards will hold a valid and current Red Cross Lifeguard Training Certificate, which includes certification in first aid, as well as a Professional Rescuer Certificate (CPR/AED).  In addition to the full time Pool Management Coordinator and full time Pool Managers described above, the Contractor shall provide a qualified staff of lifeguards to meet the requirements of this contract.  Contractor staffing levels (including Pool Management Coordinator and Pool Managers) shall support an average of 4 guards on duty at the pool during all normal operating hours.  A minimum of 2 staff members will be physically present any time the pool property is occupied (for example, when cleaning the pools prior to pool opening).  The Contractor shall have the flexibility to adjust daily staffing levels based upon actual or anticipated bather loads, inclement weather or temporary closures as deemed appropriate by Contractor.  The staffing levels described herein are based upon normal anticipated bather loads during peak periods and are based upon historical data.  If the Contractor or the GM determines that these staffing levels are inadequate, then both parties agree to resolve the inadequate staffing levels by: (a) increasing required staffing levels as required for a specified period of time; or (b) reducing the pool operating hours defined herein to ensure adequate staff coverage is provided.
4.1.4   Pool Operators: The Contractor shall provide Pool Operators that are certified and licensed in accordance with all laws and regulations applicable to pool operations within Orange County, Virginia.  The Contractor shall be responsible for ensuring that a licensed Pool Operator is on duty at the pool during all hours of operation, including special events as defined in section 4.4.3 of this statement of work.  Pool Operators may be Pool Managers or Senior / Head Lifeguards.
4.2 ANNUAL SERVICES/ SUPPLIES
The Contractor shall provide the following services and supplies throughout the year, as required, to ensure safe and effective maintenance and operations of the LOWA pools and wading pools, four bathhouses, and all associated facilities and equipment.
4.2.1   Operating License / Permits: Contractor shall obtain and maintain all operating licenses / permits and Orange County inspections as required by law.  All required permits shall be obtained prior to pool opening and remain current throughout the operational season. The Contractor shall be responsible for the costs for all licenses, permits and inspections in accordance with section 8.0 of this statement of work.
4.2.2    Preventative Maintenance & Repairs: Preventative maintenance and repairs not explicitly required by this contract will be coordinated and negotiated between the Agent and the Contractor on an as needed basis.  The Contractor shall promptly notify the Agent upon discovering issues requiring resolution and provide the Agent with a cost estimate for any recommended or requested maintenance and repair work and shall receive authorization from the Agent prior to completing any such maintenance and repair work.  Once work is complete, all work shall be invoiced in accordance with section 8.0 of this statement of work as soon as possible.
4.2.3    Pool Chemical Supply Management: The Contractor shall order, accept receipt, properly store (at pool facilities) and utilize chemicals required for purifying, balancing and treating the pool water.  The Contractor shall be responsible for all costs associated with disinfectant and PH balancing chemicals needed to maintain the pool water to Health Department standards and codes.  The Contractor shall maintain a record and provide the Agent a report/summary of chemical usage rates when requested.
4.2.4    Contractor's Rules / Procedures:  The Contractor shall provide the Agent a copy of the current guard and manager instructions/procedures.
4.2.5    First Aid Equipment / Supplies: The Contractor shall provide and maintain an adequate supply of first aid equipment and supplies at both pools at the Contractor's cost.  Maintenance and required inspection of First Aid Equipment shall be the Contractor’s responsibility.
4.2.6    Janitorial Supplies: The Contractor shall request janitorial supplies as needed and maintain a reasonable inventory by communicating timely with Agent to ensure supplies are always available.
4.2.7    Garbage Disposal and Recycling: The Contractor shall load all trash into containers and dumpsters located at the pool facilities supplied and serviced by the LOWA. 
4.3 PRE-SEASON SERVICES
The Contractor shall provide the following services prior to the pools opening for use on Memorial Day Weekend to ensure that the two pools and two wading pools and four bathhouses are ready for the summer season.  The Contractor will provide an April-May estimated timeline to the GM by no later than March 1, 2019, March 1, 2020 as well as March 1, 2021 with highlighting tasks required to ensure the pool facilities are fully operational one week prior to the Memorial Day Weekend opening. The task list should include all activities from the removal of pool covers, servicing of pumps, filters etc. to the provisioning of toiletries to ensure operations will commence on schedule. There will be a final pre-opening walk through inspection by the GM/Agent two weeks prior to opening day. 
4.3.1 Spring Pool /Facility Inspection: The Contractor shall conduct a thorough inspection of all the pools, and bathhouses, including pool plumbing fixtures, chemical management systems, underwater lights, bathhouse plumbing and facilities, pool white­ coating, pool furniture and equipment including diving boards, ladders, guard chairs, and patron tables, chairs and umbrellas.  The Contractor shall coordinate an inspection with the Agent.  Upon completion of the inspection, the Contractor shall prepare a comprehensive written report on the condition of the physical plant and recommended repairs necessary to ensure the pool facilities are ready for opening.  The inspection shall be completed at least 3 weeks prior to the pool’s scheduled opening to provide adequate time to complete any anticipated repair work prior to the actual opening.
4.3.2    Pool Draining / Acid Wash / Refill: At Sweetbriar Pool only for the 2019 season, the Contractor shall remove covers, drain all pools prior to opening, perform acid washing to remove stains as required, and then refill the pools upon completion of the acid wash.  Contractor must notify AGM or Agent 24 hours prior to pool refill to perform a hydrant flush by our water supplier (RSA).  Contractor must complete water meter readings before and after pool refill requirements and submit to AGM or Agent within 24 hours of task completion. The Contractor shall neutralize the acid prior to discharge.  Furthermore, the Contractor shall propose this work with a cost to the LOWA and receive approval prior to conducting such work. For the 2020, and 2021 season, if condition of the pool’s white coating found during spring inspection described in Section 4.3.1 warrant and LOWA agrees, the contractor shall drain and clean as described above.
4.3.3    Pool and Facility Reassembly & Preparation:  Prior opening the pools, the Contractor shall: reassemble all plumbing fixtures and accessories; reassemble and ensure all diving boards comply with Orange County and Virginia Swim League requirements and the diving board at Sweetbriar Pool will need to be removed at least three times for swim meets; install ladders, guard chairs and other like equipment; reassemble, backwash and start all filtration equipment; examine and install all skimmers, skimmer baskets and cover plates; start recirculation, filtration and chlorination systems and ensure water is clear and tested to be within proper chemical balance in accordance with County Health Department standards; clean and setup all pool furniture; and provide general custodial  services to the bath houses.
4.4       IN-SEASON SERVICES
The Contractor shall provide the following services on a daily basis or as necessary to support continuous pool operations throughout the summer season.  The priority shall, at all times, be the health and safety of pool patrons.  The contractor shall be responsible for performing all duties in accordance with all applicable laws and regulations and shall be wholly responsible for all pool operations during normal operating hours and during GM approved special events.
4.4.1    NORMAL OPERATING HOURS
The Contractor shall provide the following daily services throughout the season during normal operating hours.
4.4.1.1 Pool and Pool Water: Contractor shall maintain pool water at the standard reading for chlorine residual, total alkalinity, calcium hardness and turbidity in accordance with Health Department standards.  The Contractor shall conduct a daily test of both pools and wading pools to ensure the systems are functioning properly and to ensure compliance with establish safety standards as required by law. The Contractor shall vacuum and brush the floors and sidewalls of the pools each morning prior to opening.  The Contractor shall clean waterline tiles and hair lint strainers daily as needed, and shall check flow-meters, pressure gauges, underwater lights and chemical feeders daily as needed.  Contractor must notify AGM or Agent 24 hours prior to pool refill to perform a hydrant flush by our water supplier (RSA).  Contractor must complete water meter readings before and after pool refill requirements and submit to AGM or Agent within 24 hours of task completion.
4.4.1.2 Backwash Filters: The Contractor shall backwash filters at intervals required by county regulations or as required for proper operation.
4.4.1.3 Pool Furniture: The Contractor shall clean all furniture and ensure the furniture is neat and organized on the pool decks when not in use by patrons.
4.4.1.4 Pool Deck and Bathhouses: The Contractor shall ensure the cleanliness of the pool decks and bathhouses throughout the season to include cleaning and restocking as necessary on an hourly basis.  The garbage cans shall be checked and emptied into the dumpster as necessary.  The Contractor shall clean entry ways and viewable areas in and around the pools prior to opening each day. The Contractor shall maintain pool and deck cleanliness throughout the entire swim season.
4.4.1.5 Lifeguards: The Contractor shall provide an adequate number of certified lifeguards stationed at lifeguard stands located around the pool to properly maintain a watch on all patrons in the pool.  Lifeguards, to include substitute guards, shall wear uniforms whenever on duty, to allow for quick identification.  Lifeguards shall be responsible for the safety of the patrons in the pool and on the pool deck, as well as for enforcing Pool Rules as approved by the Board. 
4.4.1.6 Administrative Support:  The Contractor shall have an employee assigned to the front desk at the pool at all times to check member ID cards, collect guest fees, answer patron questions, answer the phone, and perform other administrative tasks as necessary.
4.4.1.7 Concessions:  The Contractor shall have an employee assigned during lap swim to the concession facility at the pool to sell refreshments, retail soft goods, collect monies and perform administrative tasks at the end of each day. Each night the contractor shall stock refrigerator for the next day.
4.4.1.8 Closing: Each night in preparation for closing the pool, the Contractor shall clean and stock the bathhouses and pool decks, organize all pool deck furniture, ensure water filtration and chemical systems are functioning properly for the night, conduct a thorough walk-through of the entire facility, turn off the lights and lock up the facilities.
4.4.2 WATER FITNESS
The Lake of the Woods Water Fitness group will use the Clubhouse pool facilities in 2019 from June 17 through August 30 on Monday, Wednesday and Friday two hours before pool opening, with a similar schedule in 2020 and 2021.  The Contractor shall provide one (1) lifeguard. Lifeguards who are on watch (assigned to watching the pool) shall not perform other duties, such as cleaning, maintenance activities, answering phone calls, etc. as their primary duty should be to guard the patrons in the water.
4.4.3    SWIM TEAM EVENTS
The Lake of the Woods Swim Team utilizes the Sweetbriar Pool facilities throughout the season from Memorial Day weekend through early August during hours approved by the GM.  The Swim Team maintains a coaching staff with personnel that are certified as lifeguards when practices and meets are held during non-operational hours.  Regular patrons will normally not be permitted to utilize the pool facilities during approved swim team events including practices and meets.  The Swim Team will ensure that all pool equipment and pool deck furniture is returned to its original position following all practices and meets.  Conduct a thorough walk-through of the entire facility, turn off the lights and lock up the facilities
4.4.4    SPECIAL EVENTS
Periodically throughout the season, the GM may approve special events (private parties, swim team banquet, family nights, adult only parties) to take place at the pools during operational and non-operational hours.  The Contractor shall provide pool operator and lifeguard service during such events at the request of the Board and in accordance with the terms of the contract. If such special events require service outside of normal operating hours, the GM will make requests for such special events at least 2 weeks prior to the event.  These services will be provided beyond the scope of the contract and will be billed separately in accordance with section 8.0 of this statement of work.
4.4.5    SWIM LESSONS
The Contractor shall provide certified swim instructors to provide both group and private swim lessons to patrons seeking such service.  Payment for swim lessons will come directly from patrons requesting such services and will not be the responsibility of LOWA.  The Contractor shall conduct and supervise all swim lesson activities and be designated as the sole provider for swim lesson services at the LOWA facilities. The Contractor personnel may not provide swim lessons while on duty in a lifeguard or manager capacity. The Contractor personnel providing swim lessons must be off guard or manager duty. The Contractor shall provide the GM with the cost for group and private swim lessons prior to the start of each season and will be permitted to advertise services to patrons utilizing newsletters and bulletin boards and at each pool facilities.  Costs shall be at the prevailing rates for swim lessons in the state of Virginia.
4.5 POST SEASON SERVICES
The Contractor shall provide the following services following the closing of the pools for the season to ensure that the pool facilities are winterized and ready for the winter months.  Winterization activities shall be completed by October 15 of the current contract year.  The Contractor shall coordinate and conduct a final walk through inspection of all facilities with the Agent once winterization is complete.
4.5.1    Pool and Facility Disassembly: The Contractor shall: adjust the water level in the pool for winterization and install covers; backwash and drain the water from the pool filters; flush, inspect and store chemical feeders; drain potable water lines; remove drain plugs from filters and lubricate; store and inventory all non-stationary equipment; install winterizing algaecide; disassemble and store all ladders, guard chairs and other like equipment; clean and store pool furniture upon winterization, separating those in need of repair.  For 2019 only, the Clubhouse Pool will be winterized by Olympia Swimming Pool Company Inc.
4.5.2  Fall / Post Season Facility / Pool Inspection:  The Contractor shall conduct a thorough post-season inspection of the  pool and bathhouses, including pool plumbing fixtures, chemical management systems, underwater lights, bathhouse plumbing and facilities, pool coating system, pool furniture and equipment including ladders, guard chairs, and patron tables, chairs and umbrellas. 
The Contractor shall coordinate inspection with the GM/AGM and Agent.  Upon completion of the inspection, the Contractor shall prepare a comprehensive written report on the condition of the physical plant and recommended repairs necessary for the next season.
5.0       INSURANCE/LIABILITY
5.1 INSURANCE COVERAGE:  The Contractor shall maintain a current insurance policy, with the Lake of the Woods Association named as an additional insured, with coverage amounts as required by law or for the following amounts, whichever is greater:
5.1.1    Liability:  Contractor shall maintain a public liability insurance policy to cover accidents to members and guests within the pool that was caused by the negligence or fault of the Contractor in the amount of $5,000,000.00 or amount required by law, whichever is greater.
5.1.2    Property Damage: The Contractor shall maintain property damage insurance to cover any damage to the equipment or property caused by the negligence of the Contractor in the amount of $1,000,000.00 or amount required by law, whichever is greater
5.1.3    Employee Insurance: The Contractor shall maintain all appropriate employee and workman's compensation insurance as required by law.
5.2 LIABILITY
The Contractor shall be wholly and completely liable for all pool operations, and any personal injury or facility damage that results from the negligence of the Contractor or its employees.  The Contractor will be exempt from liability due to mechanical failure of equipment, damage to the pool facilities due to faulty construction, defective workmanship other than that performed by the Contractor, hydrostatic displacement or damage, acts of God, or inferior chemicals.  The Contractor will not be liable or responsible for any use of the pool that is not covered by the hours of this contract, nor will the Contractor or its employees be held liable for personal effects of pool patrons or guests.
6.0       PERIOD OF PERFORMANCE
The period of performance for this contract shall be three years.  The period of performance for the base contract shall be March 1, 2019 through December 31, 2021.
7.0       HOURS OF OPERATION
7.1 MAINTENANCE HOURS:  The Contractor staff will arrive one half hour before a scheduled opening day to conduct pool and bathhouse cleaning, restocking, and general servicing.  The Contractor staff will work one half hour after the pool closes to ensure that all areas are picked up and free of debris, the bathhouses are cleaned, all toilets and urinals are serviced and cleaned, the floors are mopped, and the bathhouses are cleaned and free of biohazardous waste of all forms.
7.2 NORMAL OPERATING HOURS: The swimming season shall include the period from the Saturday prior to Memorial Day through Labor Day, both dates inclusive.  The pool will be open for normal pool operations during the hours of operation as provided in the chart below:
Clubhouse 2019 Pool Schedule
11-7pm 7 Days/Week
Clubhouse Water Fitness Hours:
Monday –Wednesday – Friday
June 13 – Aug 26
9am – 11am
 
 
Sweetbriar 2019 Pool Schedule
1-8pm 6 Days/Week
Closed on Wednesdays
School hours starting August 14, 2019
1-8pm Weekends only
2020 and 2021 pool schedules will be similar to 2019 and coordinated with the Orange County Public School schedule
7.3 AFTER SEASON EVENT HOURS
The Contractor shall extend the Sweetbriar Pool facility operating season for one (1) Saturday following Labor Day for a K9 day that will be conducted for two hours at a time to be determined.  Contractor shall maintain pool water at the K9 standard reading for chlorine residual, total alkalinity, calcium hardness and turbidity in accordance with Health Department.  Contractor shall provide one (1) lifeguard for the operation of this event to ensure safety.  The Contractor shall include pricing for such extension in initial proposal and if exercised shall invoice the LOWA as per section 8.0 of this statement of work. 
7.4 POOL CLOSURES
7.4.1    Temporary Closures due to Weather I Emergency Conditions:  The Contractor may close the swimming pools due to inclement weather and/or emergency conditions as appropriate and/or required by law.  The Contractor shall notify the Agent as soon as possible in all such occurrences.
7.4.2    Extended Closures: In the event the pool is closed for a period of seven (7) days or more because of equipment failure, or the necessity of extensive repairs, or by the order of the County Health Department or other public authority and:
7.4.2.1 The Contractor is deemed not liable for such closure; LOWA will pay the Contractor fifty percent (50%) of the daily contract fee, on a pro-rated schedule for the duration of time the pool is closed.  Normal payments shall resume when pool is returned to normal operation.
7.4.2.2   If the Contractor is deemed liable by negligence or fault on the part of the Contractor or its employees, the LOWA is not obligated to pay any portion of the daily contract fee for the duration of time the pool is closed until such time as the pool is returned to normal operation.  In the event the pool is closed for any period of time not covered in this section, or due to any negligence of the Contractor, then this Contract shall remain in full force and effect.
 
 
8.0       BILLING / INVOICING
8.1       NORMAL CONTRACT PAYMENTS:
The LOWA will make progressive payments to the Contractor according to the following payment schedule for each contract year:
10% payment                          April 1
20% payment                          May 1
20% payment                          June 1
20% payment                          July 1
20% payment                          August 1         
10% or balance payment in September
The Contractor shall invoice the LOWA for above payments at least 21 days prior to above payment dates.  The final invoice shall be submitted after the completion of all winterization requirements and the final Fall Physical Plant inspection report.
8.2       INVOICING FOR MAINTENANCE/ REPAIR
The Contractor shall invoice the LOWA for all approved maintenance and repair work immediately following the completion of the work, but no later than 15 days following the completion of work.  The invoice shall clearly describe the work performed including the date the work was performed, materials provided and the labor hours expended along with the amount due.
8.3       INVOICING FOR CHARGES INCURRED ON LOWA'S BEHALF
The Contractor shall invoice the LOWA for all approved charges incurred by the Contractor for any charges that are not listed as included in this agreement or were pre-approved by this contract or in writing by the GM.  All charges shall be pre-approved by the GM or its Agent prior to any purchases being made.  Invoices shall be provided to LOWA immediately following the Contractor’s receipt of charges, but no later than 15 days following the Contractor's receipt of charges.  The Invoice shall clearly describe charges incurred including the date the service was performed, the materials received and/or the labor hours expended along with the amount due.
8.4       INVOICING FOR BEFORE/AFTER HOUR SPECIAL EVENTS
The Contractor shall invoice the LOWA for all approved special events requiring services outside of the normal operating hours defined by this statement of work including post-season extended hours as described in section 7.2 if elected by the Board.  The invoices shall be provided to the LOWA immediately following the approved special event, but no later than 15 days following the special event and shall clearly describe the labor hours expended along with the amount due.
9.0       DELIVERABLES
9.1       The Contractor shall maintain a record of the type and amount of chemicals added to each of the pools and the results of all water tests completed at each pool. The Contractor shall provide the GM a report/summary of chemical usage rates as requested.
9.2    The Contractor shall prepare and provide GM a copy of the inventory of equipment and supplies upon opening the pools.
9.3    The Contractor shall maintain a record of bather usage at each of the pool facilities on a daily basis.  The usage load data shall be recorded daily on the hour and include the number of patrons within the pool facility (in pools, on pool deck).  The Contractor shall enter data for each pool into Microsoft Excel spreadsheet and provide electronically to the Agent at the monthly report.
9.4    The Contractor shall provide a copy of all Orange County Health Inspections, permits, and all employee lifeguard / operator certifications prior to opening for the season or within 5 days of hiring new employees.
9.5   The Contractor shall provide the GM comprehensive written reports on the condition of the physical plant and recommended repairs necessary following the monthly and annual spring and fall inspections as required in sections 4.2.4, 4.3.1 and 4.5.2 respectively.  The spring report shall be submitted to the Board at least 21 days prior to pool opening and the fall report submitted within 15 days of completing the inspection.
10.0 APPLICABLE RULES, LAWS & REGULATIONS
The CONTRACTOR shall:
a. Adhere to all applicable local, county, state, and federal rules, laws and regulations in the performance of all duties.
b. Ensure that the LOWA's facilities are managed, operated and maintained in accordance with all laws and regulations applicable to pool operations within Orange County, Virginia. 
c. Notify the Agent if any pool operation or component of the physical facility no longer meets such requirements due to facility system failure or changes in applicable code and shall propose corrective actions necessary to obtain compliance.
 d. Enforce all Pool Rules as requested by the GM and shall notify the GM of any major violations of such rules by any patrons.
 
 
11.0 BREACH OF CONTRACT / EQUITABLE ADJUSTMENTS
The GM and the Contractor pledge to settle all disputes between themselves.  In the event there is a breach of any of the terms or provisions of this contract, by either party, then the defaulting party agrees to pay all court and attorney's fees, as well as any damages awarded to the other party.  In the event that factors outside of the control of either party result in an increased and undue burden of the Contractor, such as changes in Federal minimum wage or local pool operation or employment laws, then both parties agree to re-negotiate pricing and other applicable terms and conditions of this contract to provide fair and equitable adjustments.  If both parties cannot agree on equitable adjustments and revised contract terms, then either party may terminate this contract in accordance with section 12.0 of this contract
12.0 TERMINATION CLAUSE
This agreement may be terminated prior to the end of the term as set forth herein without cause and without liability by either party upon thirty (30) days written notice to the other party.  The Contractor shall be compensated for any work that it has performed through the date of contract termination.  With cause, this Agreement may be cancelled by the Contractor or the GM upon fourteen (14) days written notice and the affordance of a seven (7) day opportunity to cure the default. Either party will have the right to terminate this agreement if, after the seven day period, the default has not been corrected.  This termination will be by written notice.  Upon termination, the Contractor shall forthwith remove any Contractor-owned equipment and supplies from the property and shall thereafter have no further right to enter upon the property without the permission of the GM.
13.0 STATEMENT OF WORK MODIFICATIONS AND ADDENDUMS
This section shall be reserved for any future modifications, addendums, or clarification of this statement of work.  All modifications to this statement of work will be documented within this section when agreed upon by both the Contractor and the Board.  Each modification shall be signed and dated by both the Contractor and the GM to indicate mutual agreement to the modification and to officially incorporate such modification into the Contract.
14.0 CONTRACT PRICING, AUTHORITY AND EXECUTION AGREEMENT
14.1 The Contractor and the GM agree to the pricing for the year 2019, 2020 and 2021 season periods of performance as described in section 6.0. 
14.2   The persons executing this Agreement on behalf of the LOWA and the CONTRACTOR hereby covenant and warrant that they are duly authorized to do so.
14.3 The undersigned hereby accept the terms and conditions of this Agreement and, upon execution, render it, Sections 1 through 13 inclusive, effective for the period indicated below.
Contractor Signature__________________________________Date___________________________