March 17, 2026, Item #4
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
March 17, 2026
Honorable Mayor and Members of the City Cou~f j
Eric Heidemann, Director of Public Works 4'tl\
CITY COUNCIL
Stephen Jackson, Assistant Director of Public Works for Maintenance Operations _..,~i (858) 668-4705 or [email protected] Vif
Award of Agreement to Weatherproofing Technologies, Inc. for Public Facilities Renovation Fire Station 2 Roofing Replacement and Appropriation of Funds An informal request for quotes for Public Facilities Renovation Fire Station 2 Roofing Replacement was requested on September 5, 2025, by the City of Poway (City). The City participates in California Uniform Public Construction Cost Accounting Act (CUPCCAA) which allows informal bidding procedures for public works projects under $220,000. City staff (staff) contacted CUPCCAA registered companies to provide quotes for the Fire Station 2 Roofing Replacement. Three (3) quotes were received and reviewed by staff. Staff determined Weatherproofing Technologies, Inc. to be qualified to provide these services at the best value to the City.
Recommended Action:
It is recommended the City Council:
1) Award the Agreement for Public Facilities Renovation Fire Station 2 Roofing Replacement to Weatherproofing Technologies, Inc. in the amount of $121,621.51; 2) Authorize an appropriation of $7,879.63 from the Capital Replacement-Building Fund 6170; and 3) Authorize the City Manager to execute the necessary documents.
Discussion:
As part of the annual budget process, funds are allocated for capital projects through the Capital Improvement Program (CIP) for investment in City infrastructure. During the Fiscal Year (FY) 2025-26 budget process, funds were allocated to Public Facilities Renovation General Maintenance (MN081 ). It was determined a portion of the funds would be utilized for the Fire Station 2 Roofing Replacement project. MN081 provides partial funding for this project, and the remaining cost will be covered through the requested appropriation of funds.
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March 17, 2026, Item #4
The roof at Fire Station 2 has reached the end of its useful life and is showing significant wear.
Replacement of the roof is necessary to maintain full operational readiness, protect critical infrastructure, and minimize the risk of emergency repairs that could disrupt essential fire services.
Installing a new roof will also improve energy efficiency and extend the overall lifespan of the facility.
Three (3) quotes were received and reviewed by staff. Staff determined Weatherproofing Technologies, Inc. to be qualified to provide these services and presented the best overall value to the City. A summary of the quotes received is listed in table 1 below:
Table 1:
Vendor Quote
Weatherproofing Technologies, Inc. $121,621.51
Paramount Waterproofing & Restoration $128,850
Fordyce Construction $129,250
Copies of all quotes are on file with the Public Works Department.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
The Public Facilities Renovation Project MN081 includes $121,621.51 for Fire Station 2 Roofing .
Replacement. There is a funding shortfall of $7,879.63 in MN081 to award this Agreement at the recommended amount; therefore, an appropriation of a like amount is being recommended from the Capital Replacement -Building Fund 6170. The City proactively plans for facility repair and replacement services as part of the budget development process.
Public Notification:
None.
Attachments:
A. Standard Agreement
Reviewed/ Approved By:
Assistant City Manager
2 of25
Reviewed By:
Alan Fenstermacher
City Attorney
Chris Hazeltine
City Manager
March 17, 2026, Item #4
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 18th day of March, 2026, by and between the CITY OF POWAY (hereinafter referred to as "City") and Weatherproofing Technologies, Inc. ("the Contractor").
RECITALS
WHEREAS, City desires to obtain the services for providing Public Facilities Renovation Fire Station 2 Roofing Replacement;
WHEREAS, Contractor has represented that Contractor possesses the necessary qualifications to provide such services; and
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 failure to perform services as directed by City. Termination for cause shall be effected by 3 of25 ATTATCHMENT A
March 17, 2026, Item #4
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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March 17, 2026, Item #4
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, pursuant to 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; and
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.
March 17, 2026, Item #4
DISCLOSURE DETERMINATION:
[gl 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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March 17, 2026, Item #4
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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March 17, 2026, Item #4
(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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March 17, 2026, Item #4
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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March 17, 2026, Item #4
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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25 March 17, 2026, Item #4
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
ATTEST: Carrie
Gallagher,
City
Clerk
APPROVED
AS
TO
FORM:
By:-----------
Alan
Fenstermacher,
City
Attorney
11 of
25 WEATHERPROOFING
TECHNOLOGIES,
INC.
By:------------
Aaron
Nestor,
Construction
Manager
March 17, 2026, Item #4
"SPECIAL
PROVISIONS"
EXHIBIT
"A"
A.
Scope
of
Services.
Contractor
agrees
to
perform
Fire
Station
2 Roofing
Replacement
as
required
by
City,
further
described
in
the
Agreement,
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.
The
City
reserves
the
right
to
modify
the
location
and
tasks
as
deemed
necessary
to
accommodate
the
evolving
needs
of
the
city
parks.
B.
Compensation
and
Reimbursement.
City
shall
pay
Contractor
a
fee
in
accordance
with
the
Fee
Proposals
submitted
in
writing
on
September
11,
2025,
which
is
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
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
March
18,
2026,
and
ending
March
17,
2027,
unless
sooner
terminated
by
City
as
provided
in
the
section
of
this
Agreement
entitled
"Termination."
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
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March 17, 2026, Item #4
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.) "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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March 17, 2026, Item #4
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To City:
To Contractor:
City of Poway
P.O. Box 789
Poway, CA 92074
Weatherproofing Technologies, Inc.
30590 Alicante Dr.
Homeland CA, 92548
(Remainder of page intentionally left blank)
March 17, 2026, Item #4
A TT AC HM ENT 1
i h Perfor 1 nc Roofing, Building Envelopes an nstruction erv1ee - Roofing Cost Estimate
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OMNIA
P A R T N E R S
Project: #5069871 CITY OF POWAY
3735 GREEN ROAD~CHWOOD, OHIO 44122 I 888.657. 7752 I TR.Efl/lCOROOFING.CCM I Vim 1S AN Affil.IATEOFTREfl/lCO CPG INCORPORATED March 17, 2026, Item #4
Date: 9/11/2025
CITY OF POWAY-FIRE DEPT-FIRE STATION 2 ROOF REPLACEMENT Dear Lucinda Hoe,
The following is our cost estimate for the roofing services at 16912 Westling Court, Poway CA, 92064.
PROPOSED SCOPE OF WORK
• Safety set up and mobilize.
• Existing roof removal to deck.
• Install new Tremco SA underlayment.
• Install new Land Pro Solaris MD Resawn Shake Shingles. • Remove all job-related debris from site.
CLAIRIFCATIONS
• This project is based on prevailing wage rates.
• This project is based on straight time, Monday-Friday. • Wood repairs will be verified in the field for customer approval and will be charged on a time & material basis.
2 16 of 25
March 17, 2026, Item #4
PROPOSED FEES:
Total Project Cost: ..................................................................... $121,621.51 Sincerely,
Aaron Nestor
Construction Manager -Asset Management
Weatherproofing Technologies, Inc.
Part of Tremco Construction Products Group
M. 440.213.2356
[email protected]
3735 Green Road, Beachwood, OH 44122
www.tremcoroofing.com
cc: Curtis Bell -Tremco
Dave Groshans -WTI
COST ESTIMATE AGREEMENT
This cost estimate is an offer by WTI to provide the Scope of Work set forth above to the Customer on the terms and conditions set forth herein and in WTl's standard terms and conditions (a copy of which may be obtained at http://www.tremcoroofing.com/fileshare/terms/TandCWTI.pdf), which are hereby incorporated by reference (together, the "Terms and Conditions"). The Terms and Conditions will govern the Work to the exclusion of any other or different terms, including in any customer purchase order, unless otherwise expressly agreed in writing pursuant to a Master Agreement or similar contract with Customer signed by an authorized representative of WTI.
Any Performance and Payment Bonds issued for associated repair work are limited to the performance of the repairs and one year warranty on such repairs. Bonds, if issued, do not apply to the TremCare extended service agreement.
Please confirm your acceptance by return e-mail to the representative identified below. Upon receipt of acceptance, WTI will process your order and promptly begin the Scope of Work. 3 17 of25
March 17, 2026, Item #4
I I
OMNIA TREmco
ROOFING & BUILDING MAINTENANCE p A R T N E R s
WEATHERPROOFING TECHNOLOGIES, INC.
~wti
CPN CONTRACT# R230404-CA-321415
Effective Date: 11/01/2023
CONFIDENTIAL
Name CITY OF POWAY
Description FIRE DEPT-FIRE STATION 2 ROOF REPL
Quote# 5069871
Date 9/2/2025
This price is valid for 60 days. After that time, project conditions are subject to reassessment.
Line Item# Description Unit of Measure Unit Price Quantitv Proiect Amount 56 Labor Rate for Roofer (Mobilization & Demobilization) Hour $ 173.26 20 $ 3,465.20 8 Self-adhering ice and water shield membrane for shingles, tiles, metal SF $ 2.55 6,109 $ 15,577.95 waterways, penetrations, valleys, ridges, edges, etc. 6 Shingles, fiberglass, Class A, 30-year, premium laminated multilayered SF $ 2.44 6,109 $ 14,905.96 1 Remove composition shingles and felts to decking SF $ 1.16 6,109 $ 7,086.44 VA77 Sweep loose aggregate, debris from Substrate SF $ 0.49 6,109 $ 2,993.41 VA211 Installer (Flashing) Hour $ 187.11 10 $ 1,871.10
VA211 Installer (Install new custom made cap metal) Hour $ 187.11 30 $ 5,613.30 SUBTOTAL $ 51,513.36
VA117 Multiplier -roof size is greater than 3K SF; but less than 7K SF Multiplier 1.73 $ 51,513.36 $ 89,118.11 47g Difficult access or fall restriction; surcharge % 15% $ 51,513.36 $ 7,727.00 Custom Sheet Metal $ 400.00
VA123 Multiplier -Construction Distributor Material for Repair Work Multiplier 1.15 $ 400.00 $ 460.00 48d Multiplier/factor to be applied to the RS. Means costs. % 93% $ 19,745.00 $ 18,362.85 VA208 Building/Construction Manager Hour $ 218.76 25 $ 5,469.00 FREIGHT PREPAID & ADD: NIA
SUBTOTAL$ 121,136.97
57b Performance and payment bond -bonding rate (percent of project) % 0.4% $ 484.55 TOTAL PROJECT COST $ 121,621.51
'The prtcing contained in this proposal is based in part on site-specific conditions and unique circumstances presented on each individual project as per Contract #R230404.
18 of 25
March 17, 2026, Item #4
...
ID
0 ...
N u,
Cost Estimate Report
5069871-CITY OF POWAY-FIRE DEPT-FIR
Year 2025 Quarter 3
Unit Detail Report
Prepared By: Anna Wang
LineNumber
Division 01 General Requirements
015416500100
WTI
Description
Forklift crew, all-terrain forklift, 45' lift, 35' reach, 9000 lb. capacity, weekly use
Division 01 General Requirements Subtotal
Division 02
024119190840
Existing Conditions
Selective demolition, rubbish handling, dumpster, 40 C.Y., 10 ton capacity, weekly rental, indudes one dump per week, cost to be added to demolition cost
Division 02 Existing Conditions Subtotal
RS Means data
from Ga}ACIAN "
Quantity
2.00 2.00
Date: 09/09/2025
Unit Total Incl. O&P Ext. Total Incl. O&P
Week $9,022.50 $18,045.00
$18,045.00
Week $850.00 $1,700.00
$1,700.00
March 17, 2026, Item #4
LineNumber Description Quantity Unit Total Incl, O&P Ext. Total Incl, O&P Subtotal $19,74S,00
General Contractor's Markup on Subs 0,00% $0,00
N---------------------------------------------------------------------- - 0 O Subtotal
.... Cl General Conditions
Subtotal
General Contractor's Overhead and Profit
Grand Total
RS Means data
frcm G~ ADIAN '
0.00%
0,00%
$19,74S,00
$0,00
--
$19,745.00
$0,00
$19,745.00
2 March 17, 2026, Item #4
EXHIBIT
"8"
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
I 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)
21 of25
(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
March 17, 2026, Item #4
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
receIvmg
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:
22 of25
(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.
March 17, 2026, Item #4
(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 ofthe 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).
23 of25
March 17, 2026, Item #4
GUARANTY
To
the
City
of
Poway,
City
Council,
for:
PUBLIC
FACILITIES
RENOVATION
FIRE
STATION
2 ROOFING
REPLACEMENT
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
24 of25
March 17, 2026, Item #4
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."
25 of25