February 7, 2023, Item #5
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
CITY COUNCIL
February 7, 2023
Honorable Mayor and Members of the City Co
1 ~ncil
Eric Heidemann, Director of Public Works 4~ 3/
Will Wiley, Assistant Director of Public Works for Maintenance Operation (858) 668-4705 or [email protected] .
Award of Agreement to Weatherproofing Technologies, Inc. for the Roof Maintenance Program and As-Needed Repairs; RFP No. 23-007 A request for proposals (RFP) for the Roof Maintenance Program and As-Needed Repairs, RFP No. 23- 007, was duly advertised on November 3 and November 10, 2022. Two (2) responsive proposals were received and opened on November 22, 2022. Staff reviewed the proposals submitted and selected Weatherproofing Technologies, Inc. (WTI) as the company providing the best value for roof maintenance program services and as-needed roof repair services to the City of Poway (City). Staff determined WTI to be responsive and qualified to provide these services. The term of the agreement is two (2) years beginning February 8, 2023, through February 7, 2025, with three (3) one-year extensions.
Recommended Action:
It is recommended the City Council:
(1) Authorize an appropriation totaling $83,473 from the General Fund Unassigned Fund Balance (Fund 1000);
(2) Award the agreement for roof maintenance program and as-needed repair services to Weatherproofing Technologies, Inc.; and
(3) Authorize the City Manager to execute any necessary documents.
Discussion:
The City has a continuing need for as-needed roofing services for various repairs and maintenance at facilities throughout the City. Maintaining the roof structures of City facilities requires the assistance and expertise of specially trained and qualified roofing experts. Historically, the City has entered into agreements for as-needed roof repairs and emergency leak response services, but the City has not had a formal roof maintenance program. The roof maintenance program is intended to reduce the number of emergency repairs and leak responses by providing preventative maintenance and housekeeping services for each facility roof two (2) times per year. 1 of 23
February 7, 2023, Item #5
On
November
3 and
November
10,
2022,
staff
duly
advertised
an
RFP
for
the
roof
maintenance
program
and
as-needed
repair
services
.
The
RFP
was
advertised
on
the
City's
website, online
bid
portal,
and
in
the
local
newspaper.
In
addition,
staff
contacted
five
(5)
contractors
to
notify
them
of
the
RFP.
On
November
22,
2022,
the
City
received
two
(2)
proposals.
A
third
proposal
was
received
on
November
23 , 2022,
and
deemed
non-responsive
as
it
was
not
received
by
the
RFP
deadline
.
A
cost
summary
of
the
proposals
received
is
provided
in
Table
1 below.
Table
1:
Roof
Maintenance
Program
and
As-Needed
Repair
Services
Proposals
Summary
Roof
Maintenance
Hourly
Rates
for
Repairs/Emergency
Company
Program
Annual
Fee
Leak
Response
(Two
Employee
Crew
with
Vehicle)
Good-Men
Roofing
&
$268,511.00
Regular
Business
Hours
$374.50
Construction,
Inc.
After
Hours/Weekends
$407
.12
Regan
Roofing,
Inc.*
$1,528
,000.00
Regular
Business
Hours
$1,280
.00
After
Hours/Weekends
$1,770
.00
Weatherproofing
$193,472.20
Regular
Business
Hours
$206.00
Technologies,
Inc.
After
Hours/Weekends
$258.00
*Non-responsive
proposal
The
costs
included
in
the
"Roof
Maintenance
Program
Annual
Fee"
are
the
proposers'
submitted
annual
lump
sum
costs
to
provide
bi-annual
preventative
maintenance
and
housekeeping
services
for
City
facilities,
which
includes
67 roofs.
The
proposals
were
independently
reviewed
and
scored
by
a
review
panel
consisting
of
three
(3)
City
staff
members
.
Both
contractors
were
then
invited
for
interviews
as
part
of
the
selection
process
.
The
interviews
were
held
on
December
13,
2022.
Each
interview
was
scheduled
for
60 minutes
and
consisted
of
a
question-and
-answer
discussion
with
14 questions
prepared
by
the
review
panel.
The
interview
included
a
demonstration
of
the
on
line
reporting
database.
The
questions
provided
each
contractor
the
opportunity
to
provide
additional
details
on
their
company
covering
the
topics
of
technical
expertise,
employee
training
and
staffing,
and
quality
control
measures.
Following
the
selection
interviews,
the
review
panel
determined
WTI
offered
the
best
overall
value
to
provide
the
comprehensive
roofing
services
the
City
is
seeking.
The
City
requested
a
best-and-final
offer,
and
in
working
with
their
corporate
offices,
WTI
was
able
to
reduce
their
initial
proposal
by
$129,989
without
compromising
the
level
of
service.
Under
the
agreement
, WTI
will
be
prov
iding
bi
annual
inspections
for
all
City
facility
roofs
and
as-needed
roof
repairs
, including
emergency
leak
response.
WTI
has
over
60 years
of
experience
providing
similar
services
to
hundreds
of
municipalities
throughout
the
United
States,
including
experience
with
municipalities
in
Southern
California.
WTI
will
assign
a
dedicated
project
team
to
provide
these
services
to
the
City.
Staff
was
impressed
with
WTl
's
knowledge
and
experience,
employee
training
program,
and
the
online
reporting
database.
The
roof
maintenance
program
database
will
include
roof
inventory,
provide
a
roof
condition
assessment
for
each
facility,
establish
a
replacement
schedule,
and
estimate
roof
replacement
costs
for
each
facility
. This
will
assist
staff
in
budgeting
for
future
Capital
Improvement
Projects
(CIPs)
. The
goal
of
the
roof
maintenance
program
is
to
reduce
the
need
for
emergency
roof
leak
responses
and
unscheduled
roof
repairs,
which
will
reduce
overall
repair
costs.
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February 7, 2023, Item #5
The
Facilities
Division
Fiscal
Year
2022-23
Operating
Budget
includes
$110,000
for
the
roof
maintenance
program.
Due
to
increased
materials
and
labor
costs,
the
proposal
exceeds
the
amount
budgeted.
Staff
is
requesting
an
appropriation
in
the
amount
of
$83,473
to
cover
the
annual
roof
maintenance
program
for
the
initial
year
of
the
contract.
Funds
for
subsequent
fiscal
years
will
be
included
in
the
annual
budget
process
for
Council
consideration.
Environmental
Review:
This
action
is
not
subject
to
review
under
the
California
Environmental
Quality
Act
(CEQA).
Fiscal
Impact:
The
Fiscal
Year
2022
-23
Facilities
Maintenance
Division
budget
(415010-43040)
includes
$110,000
for
the
roof
maintenance
program.
An
appropriation
is
being
requested
from
the
General
Fund
Unassigned
Fund
Balance
(Fund
1000)
to
cover
the
remaining
amount
of
$83,473
to
fund
this
program
for
the
initial
year
of
the
agreement.
Amounts
for
subsequent
fiscal
years
will
be
included
in
the
annual
budget
process
for
Council's
consideration
.
Public
Notification:
None. Attachments: A.
Standard
Agreement
Reviewed/Approved
By
:
Assistant
City
Manager
3 of23
Reviewed
By
:
Alan
Fenstermacher
City
Attorney
City
Manager
February 7, 2023, Item #5
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 8th day of February, 2023, by and between the CITY OF POWAY (hereinafter referred to as "City") and WEATHERPROOFING TECHNOLOGIES, INC., an Ohio corporation, (hereinafter referred to as "Contractor").
RECITALS
WHEREAS, City desires to obtain the services of a private Contractor to perform roof maintenance program services and as-needed roofing services for various City facilities (Project);
WHEREAS, Contractor has represented that Contractor possesses the necessary qualifications to provide such services;
WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS:
1. Scope of Services.
Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
2. Compensation and Reimbursement.
City shall compensate and reimburse Contractor as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
3. Term of Agreement.
The term of this Agreement shall be as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
4. Termination.
This Agreement may be terminated with or without cause by City.
Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in 4 of23 ATTACHMENT A
February 7, 2023, Item #5
connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice.
5. Confidential Relationship.
City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.
Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this agreement without the prior written consent of the City. In its performance hereunder, Contractor shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.
6. Office Space and Clerical Support.
Contractor shall provide its own office space and clerical support at its sole cost and expense.
7. Covenant Against Contingent Fees.
Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement.
For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand.
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February 7, 2023, Item #5
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City.
"Contractor" means an individual who, pursuant to a contract with a state or local agency:
6 of 23
(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar
authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract.
6. Grant City approval to a plan, design, report, study, or similar item;
7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.
February 7, 2023, Item #5
DISCLOSURE DETERMINATION:
[8J 1. Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.
No disclosure required.
D 2. Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.
Department Director
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.
11. Maintenance of Records.
Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the agreement period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services.
13. Licenses, Permits, Etc.
Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession.
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February 7, 2023, Item #5
14. Contractor's Insurance.
Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees.
(b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence.
(c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts.
(e) Contractor shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies 8 of23
February 7, 2023, Item #5
Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required pursuant to this Agreement.
(f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section
15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor's obligations under this Agreement, including but not limited to Contractor's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor's performance its obligations under this Agreement, including but not limited to Contractor's Scope of Services.
17. Contractor Not an Agent.
Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.
Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
18. Personnel.
Contractor shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects.
City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect.
Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect.
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February 7, 2023, Item #5
19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
20. Governing Law, Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Contractor hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.
21. Gender.
Whether referred to in the masculine, feminine, or as "it," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor providing services hereunder.
22. Counterparts.
This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding.
23. Entire Agreement.
This Agreement shall constitute the entire understanding between Contractor and City relating to the terms and conditions of the services to be performed by Contractor. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.
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February 7, 2023, Item #5
24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.
Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City.
Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.
25. Severability.
If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank)
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February 7, 2023, Item #5
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.
CITY OF POWAY
By: _________ _
Chris Hazeltine, City Manager
Date: -----------
ATTEST:
Carrie Gallagher, City Clerk
APPROVED AS TO FORM:
WEATHERPROOFING TECHNOLOGIES,
INC.
By:------------
Jaime Brink, VP-CFO & Treasurer
Date: ------------
By:-------------
Alan Fenstermacher, City Attorney
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February 7, 2023, Item #5
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.
Contractor agrees to provide roof maintenance program services and as needed roofing services as required by City, further described in the Scope of Services which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Contractor shall provide the necessary qualified personnel to perform the services.
B. Compensation and Reimbursement.
City shall pay Contractor a fee in accordance with the Fee Proposals submitted in writing on January 3, 2023, which is included in this document as Attachment
2. Total fee is not to exceed $193,472.20 per year plus amounts designated for as needed services not to exceed the City's adopted fiscal year operating budget for as needed roof repair services. Contractor's fee shall include, and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.
In addition to said consulting fee, Contractor shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Contractor shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Contractor shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.
C. Term of Agreement.
This Agreement shall be effective from the period commencing February 8, 2023, and ending February 7, 2025, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three (3) additional one-year periods upon approval in writing of the City Manager and Contractor. Award of the Agreement and any Agreement extensions are subject to City Council appropriation of funds. Each renewal period (fiscal) after the first year of the agreement, the Contractor's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less. The first adjustment would occur no earlier than February 8, 2025. Upon expiration or termination of this Agreement, Contractor shall return to City any and all equipment, documents or materials and all copies made thereof which Contractor received from City or produced for City for the purposes of this Agreement.
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February 7, 2023, Item #5
D. Contractor's Insurance.
1. Coverages:
Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability. including premises- operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $2,000,000 Bodily Injury and Property Damage combined each occurrence and $4,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.
2. Endorsements:
Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City."
(b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."
3. Insurance Certificates:
Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.
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February 7, 2023, Item #5
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
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To City:
To Contractor:
City of Poway
P.O. Box 789
Poway, CA 92074
Weatherproofing Technologies, Inc.
4901 Morena Blvd., Suite 323
San Diego, CA 92117
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February 7, 2023, Item #5
ATTACHMENT 1
SCOPE OF SERVICES
1. Purpose/General Requirements: The purpose of this RFP is to obtain proposals for roofing services for City facilities including: biannual roof inspections (two (2) inspections per year), preventative maintenance, general housekeeping, and emergency roof repairs/leak response.
The City wishes to enter into an agreement with a company that is proactive in their work standards and can meet or exceed the qualifications set forth in this proposal package. The successful company shall be familiar with and have the ability to provide maintenance and repair work on the roofs per the technical specifications below. It is required that the contractor provide an online reporting portal/database and provide access to City staff to access drawings, reports forecasts, invoices, service requests, etc.
Repair and maintenance of roof systems at City facilities may include but is not limited to:
• Built-up
• Tile
• Shingles
• Single-ply
• Metal
• Flashings
• Gutters
• Drains
• Curbs
• Coping
• Details
Appropriate fall protection shall be used at all times when completing inspections, roof maintenance and repair work. Contractor shall submit fall protection plan for review and approval by City.
2. Scope of Work: The Contractor is to perform biannual (two (2) times per year) roof inspections, preventative maintenance, and all repairs to roofing structures and/or parts of roofing structures such as but not limited to gutters, parapet walls, downspouts, vents, drains, utility openings, hatches, flashings, copings, or underlayment. All Work shall be performed to the highest standards of the industry, skill, workmanship, applicable trade best practices, meet warranties and in conformance to all applicable laws, codes and regulations. All ladders/hoists to access building roofs are the responsibility of the Contractor.
A. Roof Inspections: Biannual (two (2) times per year) roof inspection services include the following:
i. Visual inspection of the roof membrane and roof surface conditions. ii. Inspection of the flashing systems including, but not limited to, the metal edge system, base flashings on equipment and adjoining walls, counterflashing and termination details, soil stacks and vents, and inspection of roofing details for rooftop projections and equipment such as pitch pans, HVAC equipment, skylights and access hatches.
B. Roof Inspection Reports: The Contractor will provide City with reports from all roof inspections performed under this Agreement. The reports will be provided through an 16 of 23
February 7, 2023, Item #5
online reporting portal/database, which the City and its authorized representatives can access. Reports shall include:
i. CAD roof drawings of each building;
ii. Roof core data including roof membrane type;
iii. Insulation type, if present, and roof deck type;
iv. Photos of conditions observed, and maintenance work completed for each roof level; v. Roof condition assessments for each roof level including any short-term recommendations (with costs) for additional repairs and long-term recommendations for complete restoration or replacement (with costs);
vi. Life expectancy per roof level with current restoration and replacement costs; and vii. A 1-10 year roof restoration and replacement plan.
C. Preventative Maintenance Services: Preventative maintenance will occur in conjunction with the roof inspections (biannually) and consists of the following repairs and maintenance:
i. Flashing components and details: Patch minor flashing defects and kick holes, reinforce open flashing laps, seal open metal edge laps and open flanges within reason, seal open coping joints, seal expansion joint laps, re-secure and/or seal intermittent fasteners that have backed out, refill pitch pans, caulk storm collars and reseal intermittent voids in termination bar and counterflashing. ii. Roof membrane: Repair intermittent splits, tears, open laps and breaks in the membrane. Patch any fractured blisters or those in danger of fracture due to traffic. iii. Drains, Gutters and Scuppers: Tighten drain bolts and clamping rings (if possible).
Owner will be advised of missing drain strainers. Repair strip-in around drains and scuppers, re-secure gutters, and seal open gutter joints.
All repair materials shall be reviewed and approved by the City. Materials must be VOC compliant and compatible with each specific roof system type, and when applicable.
Contractor must maintain any existing long-term roof system manufacturer warranties and comply with roof manufacturer requirements for maintenance and repairs.
D. General Rooftop Housekeeping Services: General rooftop housekeeping services will occur in conjunction with the roof inspections (biannually) and include:
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i. Removal of debris (i.e., leaves, branches, paper, bottles, balls, and similar items) from the roof membrane and drainage areas including all gutters. ii. Disposal of debris will be at the Owner's approved on-site location or location within the City limits.
iii. Water test all roof drains. Immediately notify City of any blocked or slow roof drains that require attention.
February 7, 2023, Item #5
E. Emergency Roof Repairs/Leak Response: Contractor shall provide 24 hour, 7 days per week leak response. City staff shall be able to make emergency requests/service request via the online reporting system/database. Below are required response times:
i. Routine leak response time -24 hours
ii. Urgent leak response time -Same day, within 4 hours iii. Provide follow-up notice of completed repairs to appropriate City Personnel within 24 hours of completion of the repair/work.
iv. Leak calls will be billed on a time and material basis based on contractor unit bid pricing.
F. Quarterly Meetings: Contractor will meet quarterly with City staff (virtual or in-person) to provide an update on the roof maintenance program and discuss upcoming schedule.
3. Method of Performing Work:
A. Methods of Operation: The Contractor shall be responsible for the safety, adequacy, and efficiency of the Contractor's personnel, equipment and methods. The approval of the City of any plan or method of work proposed by Contractor shall not relieve the Contractor of any responsibility thereof, and such approval shall not be considered an assumption by the City of any kind of liability, and the Contractor shall have no claim under this contract on account of failure or inefficiency of any plan or method so approved. Such approval shall be considered and shall mean the City has no objection to the Contractor's use or adoption at the Contractor's own risk and responsibility, of the plan or method so proposed by the Contractor.
B. Scheduling of Operations: Contractor shall perform this work at such time as to minimize disturbance or interference to residents, and pedestrian or vehicle circulation.
Working hours shall be 7 a.m. to 4 p.m., Monday through Thursday, and 7 a.m. to 3:30 p.m. on alternating Fridays, excluding holidays. Deviation from these hours will not be permitted without the prior consent of the Director of Public Works, or their designee.
C. Holiday Operations: There shall be no work on weekends or holidays on which City Hall is closed. Deviation from these hours will not be permitted without the prior consent of the Director, except for emergencies involving immediate hazard to persons or property.
D. Safety: All work performed under this Agreement shall be performed in such manner as to provide maximum safety to the public and comply with all safety standards required by Cal-OSHA. The City reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement.
E. Warranty: All work performed under this contract will carry a minimum 30-day warranty on labor and the manufacturer's warranty on materials.
F. Roofs with Current Warrantees: Roofs that currently have a manufacturer's warranty cannot be worked on unless authorized by the manufacturer. This will determined by City staff.
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February 7, 2023, Item #5
4. City of Poway Facilities List: Table 1 below and on the following page provides a list of the facilities that will be covered by the Agreement. Facilities may be added or deleted during the course of the Agreement.
TABLE 1: CITY OF POWAY FACILITIES LIST*
*Roof Square Footage to be verified by proposing Contractor ---~ ,r,,,, ..... ~,-... !./!.J
1 City Hall 13325 Civic Center Dr. 50,400
2 Council Chambers 13325 Civic Center Dr. 5,900
3 Public Works Administration Building 14467 Lake Poway Rd. 5,700 4 Crew Lounge/ Warehouse 14445 Lake Poway Rd. 7,467
5 Vehicle Maintenance 14415 Lake Poway Rd. 5,628
6 Vehicle Storage 14445 Lake Poway Rd. 5,200
7 Lake Poway Administration Building 14644 Lake Poway Rd. 1,100 8 Lake Poway -Concession Stand 14644 Lake Poway Rd. 1,850 9 Lake Poway -FFA Buildings 14644 Lake Poway Rd. 3,600
10 Lake Poway -Boat Dock 14644 Lake Poway Rd. 3,700
11 Lake Poway -Pavilion 14644 Lake Poway Rd. 1,510
12 Lake Poway -Entrance Booth 14644 Lake Poway Rd. 100
13 Lake Poway -Crew Facility 14644 Lake Poway Rd. 600
14 Lake Poway -Lower Ball Field Restrooms 14644 Lake Poway Rd. 1,056 15 Lake Poway-Middle Restrooms 14644 Lake Poway Rd. 560 16 Lake Poway -Upper Restrooms 14644 Lake Poway Rd. 560 17 Mickey Cafagna Community Center 13094 Civic Center Dr. 25,265 18 Community Park -Pool Locker/Restroom
Building 13094 Civic Center Dr. 3,593
19 Community Park -Pool Filter Housing 13094 Civic Center Dr. 1,847 20 Community Park Pool Splash Pad Building 13094 Civic Center Dr. 400 21 Community Park Ball Field Restrooms 13094 Civic Center Dr. 501 22 Community Park -Crew Shed 13094 Civic Center Dr. 400 23 Skate Park Restroom 13094 Civic Center Dr. 500
24 Old Poway Park Museum 14134 Midland Rd. 2,135
25 Train Barn 14134 Midland Rd. 2,695
26 Templars Hall 14134 Midland Rd. 1,620
27 Porter House (historic) 14134 Midland Rd. 2,180
28 Nelson House (historic) 14134 Midland Rd. 1,300
29 Hamburger Factory 14134 Midland Rd. 3,420
30 Old Poway Park Museum Restrooms 14134 Midland Rd. 200 31 Train Depot 14134 Midland Rd. 3,000
32 Girls Softball League Concession/Restroom 13544 Aubrey St. 700 33 Material Handling Yard, Hazardous Waste 12325 Crosthwaite Cr. 932 34 Records/Lounge Trailer 12325 Crosthwaite Cr. 500
35 Arbolitos Sports Park Restrooms 14501 Arbolitos Dr. 800 19 of23
February 7, 2023, Item #5
No. Facility (Continued) Address Sq. Feet*
36 Garden Road Park Restrooms 14901 Garden Rd. 840
37 Hilleary Park Restrooms 13500 Community Rd. 840
38 Silverset Park Restrooms 14 795 Silverset St. 840
39 Starridqe Park Restrooms 13745 Carriaqe Rd. 840
40 Valle Verde Park Restrooms 16899 St. Andrews Dr. 840 41 Fire Station No. 1 13050 Community Rd. 18,198
42 Fire Station No. 2 16914 Westling Ct. 4,863
43 Fire Station No. 3 14322 Pomerado Rd. 14,056
44 City of Poway Library 13137 Poway Rd. 24,400
45 Iron Mtn. Restroom 15498 Espola Rd. 200
46 Performing Arts Center 15498 Espola Rd. 57,040
47 Sheriffs' Station 13100 Bowron Rd. 15,000
48 Kumeyaay-lpai Interpretive Center 13104 lpai Waa ukTI. 1,400 --''''"----., .. ,,,~ "·''' '~
,_-(:.I
49 Aerator at Lake Poway Lake Poway West Side/ 49
Poway Lake/West Side D
50 Camelback Pump Station 14445 Lake Poway Rd. 630
51 Camino Del Valle Sewaqe Lift Station 12908Camino Del Valle 232 52 Cloudcroft Pump Station II 17087 1 /2 Cloudcroft Dr. 1,296 53 Community Road Pump Station 12520 1/2 Community Rd. 1,196 54 Gregg Street Recycled Pump Station 13375Gregg St. 1,490 55 Heritaqe Lift Station 18775 1/2 Heritaqe Dr. 102
56 High Valley Pump Station 14218 1/2 High Valley 1,450 Rd./Hiqh Valley Rd. SE D
57 Northcrest Pump Station 14090 Northcrest Ln./ 880
Northcrest Ln. W/O D
58 Old Coach Sewaqe Lift Station 17710 1/2 Old Coach Rd. 167 59 Old Coach Way Pump Station Bldq. 18535 Old Coach Dr. 918 60 Pump Station 1 Bldg. A and B 14445 Lake Poway Rd. (A) 240 (B) 522
61 South Chlorinator Building Sycamore Canyon W/O D 500 62 Welton Pump Station 12701 Welton Ln. 970
63 Woodcliff Pump Station 14163 1/2 Donart Dr./ 644
14162 1/2 Donart Dr.
64 Water Treatment Plant/Operations/Office 14521 Lake Poway Rd .. 3,400 65 Chlorine/Chemical Feed 14521 Lake Poway Rd. 5,000
66 Filter Control Building 14521 Lake Poway Rd. 500
67 Treatment/Ammonia Building 14521 Lake Poway Rd. 1,500 20 of 23
February 7, 2023, Item #5
Breakout List of City Buildings
Roof Square Footage: 307,962 -----'---------------------Number of Buildings: 68 Number of Roofs: 68
Roof Type: Multiple
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February 7, 2023, Item #5
ATTACHMENT 2
FEE PROPOSALS
BID ITEM A: ROOF MAINTENANCE PROGRAM
This proposal price is for the entire work required for providing all labor, equipment, tools, materials and incidentals affiliated with the Roof Maintenance Program including biannual (two (2) times per year) inspections, preventative maintenance, and general housekeeping tasks outlined in the Scope of Work/Technical Specifications. Provide the annual amounts as requested below, and a total lump sum proposal including all City facilities.
Item 1: $178,169.77
Annual Total for (Facilities are not priced to be purchased separately) City Facilities
(Lump Sum)
Total (In Words): (Facilities #1-48 on Table 1,
pages 21-22) One hundred seventy-eight thousand, one hundred and sixty- nine dollars and seventy-seven cents
Item 2: $ 15 302.43
(Facilities are not priced to be purchased separately)
Annual Total
Water Utilities Facilities
(Lump Sum)
Total (In Words): (Facilities #49-67 in Table 1,
page 22) Fifteen thousand, three hundred and two dollars and forty- three cents
TOTAL LUMP SUM
Item 3: $ 193472.20
Roof Maintenance Program (Facilities are not priced to be purchased separately) Annual Total for All
Facilities
Total (In Words):
(Item 1 + Item 2 = Item 3) One hundred and ninety-three thousand, four hundred and seventy-two dollars and twenty cents
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February 7, 2023, Item #5
FEE PROPOSALS
BID ITEM B: HOURLY RATES FOR REPAIRS/EMERGENCY LEAK RESPONSE The prices set forth below include all work required to provide all labor, equipment, tools, materials and incidentals affiliated with as-needed roof repairs and emergency leak response work requirements specified in this RFP.
Service Type: One Employee Crew, Including Vehicle
Total $ 103.00 per hour (portal to portal, min. 2 hours) Mon-Fri
7:00 a.m. -4:00 p.m. Total (In Words):
One hundred and three dollars per hour
Total$ 129.00 per hour (portal to portal, min. 2 hours, 4-24 hour After Hours & emergency will be billed at this rate)
Weekends Total (In Words):
One hundred and twenty-nine dollars per hour
Service Type: Two Employee Crew, Including Vehicle
Total$ 103.00 per hour per tech (portal to portal, min. 2 hours) Mon-Fri
7:00 a.m. -4:00 p.m. Total (In Words):
One hundred and three dollars per hour per tech
Total$ 129.00 per hour per tech (portal to portal, min. 2 hours, After Hours & 4-24 hour emergency will be billed at this rate) Weekends Total (In Words):
One hundred and twenty-nine dollars per hour per tech
Can your company respond to scheduled service calls in 24 hours? Yes X No __ _ Can your company respond to emergency service calls in 4 hours? Yes X No __ _ 23 of 23