August 6, 2024, Item #5
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
CITY COUNCIL
August 6, 2024
Honorable Mayor and Members of the City Co)rcil
Eric Heidemann, Director of Public Works {l ~
Will Wiley, Assistant Director of Public Works for Maintenance Operation . (858) 668-4705 or [email protected]
Award of Agreement to Superior Gate Services for Automatic Gate Inspection, Maintenance and Repair Services; RFP No. 24-028
A request for proposal (RFP) for Automatic Gate Inspection, Maintenance and Repair Services, RFP No. 24-028, was duly advertised on June 13 and June 20, 2024. One (1) proposal was received and opened on June 27, 2024. Staff reviewed the proposal submitted by Superior Gate Services (Superior Gate) and determined Superior Gate to be responsive and qualified to provide these services. The length of this Agreement shall be for two (2) years beginning on August 7, 2024, through June 30, 2026. The Agreement can be extended by a maximum of three (3) one-year terms.
Recommended Action:
It is recommended City Council award the Agreement for Automatic Gate Inspection, Maintenance and Repair Services, RFP No. 24-028, to Superior Gate Services and authorize the City Manager to execute the necessary documents.
Discussion:
There are 16 automatic gates at various facilities throughout the city that require inspections, preventive maintenance and as-needed repairs. The City issued a notice inviting proposals for automatic gate inspection, maintenance and repair services on June 13 and June 20, 2024, and proactively contacted companies to encourage submissions. One (1) proposal was received and opened on June 27, 2024. After reviewing the proposal, City staff selected Superior Gate as the contractor to provide automatic gate inspection, maintenance and as-needed repair services to the City. Superior Gate is the current provider of these services to the City and has met or exceeded all performance expectations. The following tables include the proposed fee schedule of the 16 automatic gates. The proposed agreement is 11 percent higher than the last approved agreement. 1 of 23
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Table 1: Biannual Inspection and Preventive Maintenance Biannual Inspection and Preventive Maintenance Rates
Item Facility Quantity Approximate Biannual
No. Size Inspection/Maintenance
1 City Hall 1 21' X 7' $125
Public Works
2 Administration 1 23' X 6' 8" $125
Building
3 Public Works 1 29' 6" X 6' 6" $125 Operations Center
4 Public Works Vehicle 2 19' X 6' 6" $125 x 2 gates = $250 Maintenance 5 Lake Poway Road 2 18' 6" X 6' 6" $125 x 2 gates= $250 Entrance/Exit 6 Public Works Material 1 25' X 7' 8" $125 Handling Yard 7 Fire Training Tower 1 24' 3" X 7' 8" $125
8 Fire Training Tower 1 7' 4" X 7' 4" $125
9 Poway Sheriff 1 33' 6" X 6' 6" $125 Substation
10 Poway Sheriff 2 21' 6" X 7' 3" $125 x 2 gates= $250 Substation 11 Fire Station 3 2 29' X 6' $125 x 2 gates= $250
12 Lester J. Berglund 1 17' 3" X 6' 8" $125 Water Treatment Plant TOTAL COST ALL SITES $2,000
Table 2: Hourly Rates
Hourly Rates
Mon-Fri After Hours & Item Service Type 7:00 a.m.-Saturday Sunday & Holidays No. 3:30 p.m. 13 1 technician, 1 vehicle $125 $175 $250
14 2 technician, 1 vehicle $200 $350 $150
The length of the proposed Agreement is two (2) years beginning August 7, 2024, through June 30, 2026. The Agreement may be extended subject to City Council appropriation of funds through a total of three (3) separate one-year terms. The maximum length of the Agreement would be up to five (5) years.
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Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
Sufficient funds are budgeted in Fiscal Year 2024-25 Facilities Maintenance Division budget (415010- 43040) which includes $30,000 for Automatic Gate Inspection, Maintenance and Repair Services.
Public Notification:
None.
Attachments:
A. Standard Agreement
Reviewed/Approved By:
Wendy ,,a, erman
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney City Manager
August 6, 2024, Item #5
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 7th day of August 2024, by and between the CITY OF POWAY (hereinafter referred to as "City") and SUPERIOR GATE SERVICES (hereinafter referred to as "Contractor").
RECITALS
WHEREAS, City desires to obtain the services of Automatic Gate Inspection, Maintenance, and Repair Services for various City facilities which includes twice yearly inspections and preventive maintenance as well as as-needed repairs for the City's automatic gates;
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 connection with the formation of this Agreement or the performance of services, or the 4of 23 ATTACHMENT A
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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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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 interest's 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, pursuantto a contract with a state or local agency:
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(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.
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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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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.
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(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 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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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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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 (Cal PERS) 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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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:
SUPERIOR GATE SERVICES
By: ____________ _
Scott Osborne, Owner
Date: ------------
By: _____________ _
Alan Fenstermacher, City Attorney
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"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.
The Scope of Services is intended to cover twice yearly (bi-annual) inspection and preventive maintenance for automatic vehicular gates. Automatic gate inspection, maintenance and repair services will include (but are not limited to) such services as:
General Requirements.
Work described as being performed daily shall be performed Monday through Thursday between the hours of 7:00 a.m. to 3:30 p.m., and 7:00 a.m. to 3:30 p.m. on alternating Fridays, excluding holidays. There shall be no work on the alternating Friday in which City Hall is closed. Deviation from these hours will not be permitted without the prior consent of the Director or designee.
The determination of the total daily productive man-hour requirements for the performance of all services herein is the sole responsibility of the successful Contractor. It is of the utmost importance that the Contractor utilizes skilled and productive manpower in order to satisfactorily furnish the required level of service specified in this solicitation. Failure on the part of the Contractor to utilize skilled and productive manpower may produce unsatisfactory results, which may cause the Director of Public Works to make adjustments to the Contractor's invoice(s) for unsatisfactory or omitted work.
The Contractor shall comply with applicable OSHA and Federal regulations under CFR 29; Section 1910.12 for proper training and by providing Material Safety Data Sheets proposed for use within ten (10) days of award of contract.
Testing and Maintenance.
Per the attached table, Contractor shall perform the following inspections, and maintenance to automatic vehicular gates. Results of each gate's inspection shall be recorded on the contractor's form. The contractor shall prepare a cost estimate based on the inspection. The Contractor shall report findings to repair, replace, align, and/or anything that pertains to the gates to bring them back into safe serviceable conditions within 24-hours. When a gate is found in an unsafe condition, Contractor shall notify the City immediately. Gates shall be in safe, serviceable condition when completed. The Contractor shall ensure gates remain open when operated by loops, and ensure open time is long enough to get large vehicles in and out of all facilities even if they are no longer on loop. Any single project that is estimated to exceed $5,000.00, the City reserves the right to place out for bid or solicit quotes from other vendors. Finally, all written reports shall contain data of original inspection/findings on each gate and actions taken to correct all deficiencies.
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Biannual Testing and Preventive Maintenance
Item Description
Visually inspect the rollers, fasteners, brackets and other gate hardware for proper alignment, proper tightness, and signs of damage, breakage, looseness, rust or Visual wear. Moving parts should be lubricated and should not be squeaking. Visually Inspection Gate inspect wiring for fraying or exposure. Verify that the system has in place two means System of entrapment protection: a primary and a secondary means, independent from the primary. Typical means are inherent entrapment (force limiting), edge sensors, or photoelectric eyes. Other means are possible.
Operator Confirm listing label indicating conformance to UL 325 safety standard is in place. Listing Label Controls Check if placement of user operation controls is six or more feet from the gate. Placement Manufacturing Gate operators manufactured before March 2000, may not have adequate safety Date of Operator provisions.
Gate Fall-over Check if there is a means to prevent the gate from falling over in the event of the and Roller failure of the gate rollers or hinge. Ensure all rollers are guarded to eliminate Guarding possibility of a finger being inserted between roller and gate.
Electric Begin with gate fully closed. Cause the gate to fully open and fully close. Watch and Operation listen for any irregularities in operation, e.g. uneven speed, excessive sway, unusual stopping, etc.
When a gate has an edge sensor, inspect sensor and wiring for cracks, breaks, Edge Sensor holes, crimps or other physical damage. Check mounting locations(s) with respect to reducing the risk of entrapment protection in both directions of gate travel. Check edge sensors for proper operation.
When a gate has photoelectric eyes, inspect wiring and reflectors for signs of Photoelectric cracking, breakage, looseness or wear. Check mounting locations(s) with respect to Eyes reducing the risk of entrapment protection in both directions of gate travel. Check for proper operation.
Perform the following test (2) vertical frame member(s) and (2) each vertical edge sensor provided (if any): Begin with the gate in the fully open position. Standing just Contact outside the path of the gate at a location where entrapment is likely to occur, cause Reverse Test the gate to close. As the gate is closing, firmly press a solid object against a gate frame member (or edge sensor) in the direction opposing the travel of the gate. The gate should stop within 2 seconds and then reverse at least 2 inches. Repeat this test, while opening the gate, starting from the fully closed position.
Item Description
If the gate has a non-contact sensing device protecting the path of a closing gate, perform the following test: Begin with the gate fully open. Standing just outside the Non-Contact path of the gate, cause the gate to close. Pass an object across the path of the Reverse Test sensing beam as the gate is closing. The gate must stop within 2 seconds and may reverse if so designed. If an anon-contact sensor protects the path of an opening gate, repeat starting with the gate in the fully closed position.
Safety/Warning Safety/warning signs must be installed on each side of the gate in highly visible Signs locations.
Openings in
gate and fence Measure the maximum size opening in the gate and that portion of a fence the gate (horizontal slide covers when fully open. Openings must be 2-1/4" or less within 72" of the ground. gate)
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Manual Ensure the gate operator has a method to allow the gate to be manually operated. Release Begin with the gate fully closed. Actuate the manual release for the operator per the Manual manufacturer's written instructions. Carefully open and close the gate for one full Operation cycle. The gate should operate smoothly. Reconnect the operator and note any problems encountered in that process.
Verify that the required pedestrian gate is functional, is located nearby, and does not Pedestrian cause additional hazards. The pedestrian gate must be a separate gate, must not be Gate located within the vehicular gate, and must be located such that a pedestrian cannot come in contact with a movinci vehicular access ciate.
Keypad and Test keypad buttons to ensure buttons are not sticking and are making good contact Intercom with transmitter panel. Confirm all digits, printing, etc. are legible on keypad. Ensure Operation LEDs are operating, if present. Test intercom (if present) to ensure clear audio to/from homebase unit.
Transmitter Verify transmitter operates at manufacture specified distance. Verify antenna is Operation secured, operational and adjust as needed.
The following items should be performed at no extra cost to the City:
•
•
•
•
•
•
•
•
•
•
•
•
•
B.
Clean area to insure proper operation
Inspect hinges to ensure they are working smoothly and lubricated properly Properly grease gate arm
Clean cover
Check belts for cracking, looseness or wear
Check gate reversing sensor
Check for proper clutch adjustment
Check for proper oil level in the upper gear box
Perform minor adjustments as needed
Lubricate all points of friction
Test all equipment functions
Provide a detailed written report of inspections
Provide same day service for emergency repairs within 2 hours Compensation and Reimbursement.
City shall pay Contractor a fee in accordance with the Fee Proposals submitted with the proposals dated June 27, 2024, which are included in this document as Attachment 1. 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 15 of 23
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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 August 7, 2024, and ending June 30, 2026, 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 term 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 July 1, 2026. 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.
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 $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 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.) 16 of 23
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"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.
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
Superior Gate Services
30590 Alicante Dr,
Homeland, CA 92548
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ATTACHMENT 1
FEE SCHEDULE
Bi-Annual Inspection and Preventive Maintenance Rates
Facility Quantity Approximate Size Biannual
lnspectionlMaintenance
City Hall 1 21'x7' $125
Public Works 1 23' X 6'-8" $125 Administration Building Public Works 1 29' -6" X 6' -6" $125 Operations Center
Public Works Vehicle 2 19' X 6'-6" $125 x 2 gates= $250 Maintenance Lake Poway Road 2 18'-6" X 6'-6" $125 x 2 gates = $250 Entrance/Exit Public Works Material 1 25' X 7'-8" $125 Handling Yard
Fire Training Tower 1 24' -3" X 7'-8" $125
Fire Training Tower 1 7'-4" X 7' -4" $125
Poway Sheriff 1 33' -6" X 6' -6" $125 Substation
Poway Sheriff 2 21'-6" X 7'-3" $125 x 2 gates= $250 Substation Fire Station 3 2 29' x6' $125 x 2 gates= $250
Lester J. Berglund 1 17'-3" X 6'-8" $125 Water Treatment Plant TOT AL COST ALL SITES $2,000
Hourly Rates
Item Mon-Fri After Hours &
No. Service Type 7:00 a.m.-3:30 Saturday Sunday & Holidays p.m.
13 1 technician, 1 vehicle $125 $175 $250
14 2 technician, 1 vehicle $150 $200 $350
(Remainder of page intentionally left blank)
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August 6, 2024, Item #5
EXHIBIT "B"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section.
(b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
(d) Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e)
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(1)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received August 6, 2024, Item #5
any
unemployment
insurance
compensation
arising
out
of
prior
employment
subject
to
this
section
with
a
public
employer. A
retiree
shall
certify
in
writing
to
the
employer
upon
accepting
an
offer
of
employment
that
he
or
she
is
in
compliance
with
this
requirement. (2)A
retired
person
who
accepts
an
appointment
after
receiving
unemployment
insurance
compensation
as
described
in
this
subdivision
shall
terminate
that
employment
on
the
last
day
of
the
current
pay
period
and
shall
not
be
eligible
for
reappointment
subject
to
this
section
for
a
period
of
12 months
following
the
last
day
of
employment.
(f)A
retired
person
shall
not
be
eligible
to
be
employed
pursuant
to
this
section
for
a
period
of
180
days
following
the
date
of
retirement
unless
he
or
she
meets
one
of
the
following
conditions:
20 of23
(1)The
employer
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a
critically
needed
position
before
180
days
have
passed
and
the
appointment
has
been
approved
by
the
governing
body
of
the
employer
in
a
public
meeting.
The
appointment
may
not
be
placed
on
a
consent
calendar.
(2)
(A)Except
as
otherwise
provided
in
this
paragraph,
for
state
employees,
the
state
employer
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a
critically
needed
state
employment
position
before
180
days
have
passed
and
the
appointment
has
been
approved
by
the
Department
of
Human
Resources.
The
department
may
establish
a
process
to
delegate
appointing
authority
to
individual
state
agencies,
but
shall
audit
the
process
to
determine
if abuses
of
the
system
occur.
If
necessary,
the
department
may
assume
an
agency's
appointing
authority
for
retired
workers
and
may
charge
the
department
an
appropriate amount
for
administering
that
authority
.
(B)For
legislative
employees,
the
Senate
Committee
on
Rules
or
the
Assembly
Rules
Committee
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a
critically
needed
position
before
180
days
have
passed
and
approves
the
appointment
in
a
public
meeting.
The
appointment
may
not
be
placed
on
a
consent
calendar.
(C)For
employees
of
the
California
State
University,
the
Trustees
of
the
.
California
State
University
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a
critically
needed position
before
180
days
have
passed
and
approves
the
appointment
in
a
public
meeting.
The
appointment
may
not
be
placed
on
a
consent
calendar.
August 6, 2024, Item #5
(3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements.
(4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214, 24214.5 or 26812 of the Education Code.
(i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to .serve in a court pursuant to Section 68543.5.
History
Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015.
Annotations
Notes
Amendments:
2013 Amendment:
Substituted (1) "have passed" for "has passed" in the first sentence of subds (f){I) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter'' for "of firefighter'' in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i).
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August 6, 2024, Item #5
GUARANTY
To the City of Poway, City Council, for:
AUTOMATIC GATE INSPECTION, MAINTENANCE AND REPAIR SERVICES The undersigned guarantees the work included in this project(s).
Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the Plans and Specifications, due to any of the above causes, all within the number of months the site is to be maintained after date on which this Contract is accepted by the City, or the date of recordation of Notice of Completion, whichever is the later, the undersigned agrees to reimburse the City upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or upon demand by the City, to replace any such material and to repair said work completely without cost to the City so that said work will function successfully as originally contemplated.
The City shall have the unqualified option to make any needed replacements or repairs itself or to have such replacements or repairs done by the undersigned. In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the City shall be entitled to all cost and expenses, including attorney's fees, reasonably incurred by reason of the said failure or refusal.
Contractor
Date
22 of 23
August 6, 2024, Item #5
WORKERS'
COMPENSATION
INSURANCE
CERTIFICATE
Pursuant
to
Section
1861
of
the
State Labor
Code,
each
Contractor
to
whom
a
public
works
Contract
has
been
awarded
shall
sign
the
following
certificate
and
shall
submit
same
to
the
City
of
Poway
prior
to
performing
any
work
on
the
Contract:
"I
am
aware
of
the
provisions
of
Section
3700
of
the
Labor
Code
which
require
every
employer
to
be
insured
against
liability
for
Workers'
Compensation
or
to
undertake
self
insurance
in
accordance
with
the
provisions
of
that
Code,
and
I will
comply
with
such
provisions
before
commencing
the
performance
of
the
work
of
this
Contract."
Contractor
By:
________________
_
Title Date
Section
3700
of
the
State Labor
Code
reads
in
part
as
follows:
"Every
employer
except
the
State
shall
secure
the
payment
of
compensation
in
one
or
more
of
the
following
ways:
(a)
By
being
insured
against
liability
to
pay
compensation
by
one
or
more
insurers
duly
authorized
to
write
compensation
insurance
in
this
state.
(b)
By
securing
from
the
Director
of
Industrial
Relations
a
certificate
of
consent
to
self
insure,
either
as
an
individual
employer,
or
as
one
employer
in
a
group
of
employers,
which
may
be
given
upon
furnishing
proof
satisfactory
to
the
Director
of
Industrial
Relations
of
ability
to
self-insure
and
to
pay
any
compensation
that
may
become
due to
his
employees."
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