September 15, 2026, Item #3
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PO RT City of Poway
September 15, 2026
Honorable Mayor and Members of the City 5-~\ncil
Eric Heidemann, Director of Public Works ~
CITY COUNCIL
Stephen Jackson, Assistant Director of Pub~:f rks for Maintenance Operations (858) 668-4705 or [email protected] CJ'B;
Award of Agreement to ACCO Engineered Systems, Inc. for HVAC Maintenance and Filter Replacement Services; RFP No. 27-002
A Request for Proposals (RFP) for HVAC Maintenance, System Cleaning, and Filter Replacement Services was duly advertised on June 11 and June 18, 2026. Although the RFP was originally issued to include HVAC system cleaning, the City determined these services would not be included in the agreement. As a result, the recommended Agreement is limited to HVAC maintenance and filter replacement services. Four (4) proposals were received and opened on July 16, 2026. Staff reviewed the proposals submitted and determined ACCO Engineered Systems, Inc. (ACCO) to be responsive and qualified to provide these services. The length of this Agreement shall be two (2) years beginning on September 16, 2026, through June 30, 2028. The Agreement may be extended through a total of three (3) separate one-year terms.
Recommended Action:
It is recommended the City Council award the Agreement for HVAC Maintenance and ·Filter Replacement Services, RFP No. 27-002 to ACCO Engineered Systems, Inc. and authorize the City Manager to execute the necessary documents.
Discussion:
The City of Poway (City) contracts for HVAC maintenance for 38 City-owned facilities. These services include preventive maintenance of HVAC systems and associated equipment, including controllers, chillers, pumps, boilers, and air handling units. Routine preventive maintenance is essential to ensure the reliable operation of HVAC systems, extend equipment service life, and protect the City's investment in its facilities. Regular maintenance also maximizes energy efficiency, maintains occupant comfort, reduces the likelihood of unexpected equipment failures, and minimizes long-term operating and repair costs.
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September 15, 2026, Item #3
An RFP for HVAC Maintenance, System Cleaning, and Filter Replacement Services was duly advertised on June 11 and June 18, 2026. The original proposal included HVAC system cleaning, inspections, and hygienic condition testing. However, after further evaluation, the City decided not to include these services in the agreement, and HVAC cleaning will not be included as part of this agreement. Because the City performs these services on an as-needed basis, with individual facilities typically receiving service approximately once every three years, the City determined it is more cost-effective and operationally appropriate to procure HVAC cleaning services separately on an as-needed basis rather than include them in a long-term maintenance agreement.
Four (4) proposals were received and opened on July 16, 2026. Evaluation criteria included the proposer's understanding of the required services, qualifications and experience, references, contractor history, and cost. Following evaluation of the proposals, City staff determined that ACCO is the most qualified to provide HVAC maintenance services to the City. A breakdown of the costs are summarized in Table 1 below.
Table 1:
Contractor Division I Division II
Annual Cost Hourly Rates
Titan Group $163,346 $280-$500
Corporation
ACCO Engineered $205,827 $170-$340
Systems, Inc.
A.O. Reed & Co. $253,881 $294-$463
Siemens Industry Inc. $498,927 $236-$472
Division I includes all costs associated with performing routine preventive maintenance of HVAC and packaged unit systems at City facilities. Repairs beyond the scope of the preventive maintenance services included in Division I are performed on an as-needed basis and billed in accordance with the hourly rates identified in Division II.
The initial Agreement term shall be for two (2) years, beginning September 16, 2026, through June 30, 2028. The Agreement may be extended, subject to City Council appropriation of funds, for up to three (3) additional one-year terms. The maximum length of the Agreement would be up to five (5) years.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
Sufficient funds are available in the Fiscal Year 2026-27 budget in the Facility Maintenance account (415010-43020). Amounts for subsequent fiscal years will be included in the annual budget process for Council's consideration.
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September 15, 2026, Item #3
Public Notification:
None.
Attachments:
A. Standard Agreement
Tracy Stevens
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
September 15, 2026, Item #3
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 16th day of September, 2026, by and between the CITY OF POWAY (hereinafter referred to as "City") and ACCO Engineered Systems, Inc. ("the Contractor").
RECITALS
WHEREAS, City desires to obtain the services for providing HVAC Maintenance and Filter Replacement Services;
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. 4 of 36 ATTACHMENT A
September 15, 2026, Item #3
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.
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 5 of36
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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:
(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.
DISCLOSURE DETERMINATION:
~ 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.
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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.
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 7 of36
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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 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.
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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.
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 9 of36
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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.
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, 10 of36
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to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect.
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September 15, 2026, Item #3
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
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ACCO Engineered Systems, Inc.
By: ___________ _
Nicholas Williams, Sales Manager
September 15, 2026, Item #3
A. Scope of Services.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Contractor agrees to provide HVAC maintenance and filter replacement services 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.
B. Compensation and Reimbursement.
City shall pay Contractor a fee in accordance with the Fee Proposals submitted in writing on July 16, 2026, which is included in this document as Attachment 2. 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 September 16, 2026, and ending June 30, 2028, 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 period upon approval in writing of the City Manager and Contractor. Award of the Contract and any Contract extensions are subject to City Council appropriation of funds. • Each renewal period (fiscal) after the first two years 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, 2028. 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:
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(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.) "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
ACCO Engineered Systems, Inc.
5950 Nancy Ridge Dr.
San Diego, CA 92121
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September 15, 2026, Item #3
ATTACHMENT 1
TECHNICAL SPECIFICATIONS
1. Purpose: The purpose of this contract is to provide comprehensive HVAC maintenance services for the City of Poway.
Division I -Specifications for Full Coverage HVAC Maintenance Includes all costs to maintain and repair HVAC or mechanical systems. The coverage includes the task list and any other task list deemed necessary by the City or the Contractor for the proper maintenance of the system. The coverage does not include repairs made due to acts of God, cleaning of the system, or repairs over $200 made to the ducting system or non mechanical stationary equipment supports.
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a. Repairs made during normal working hours are included at no additional cost. b. Repairs made outside normal working hours are included at no additional cost. c. Any additional costs to perform work or repairs by other companies are included. d. All repair parts, including all damper actuator motors and valves, are included at no additional cost. All fittings shall be greased.
e. One inspection bi-monthly of each roof top, split system or package unit, air handler and chiller listed. Contractor to follow scope of service detailed in subsequent sections.
f. All units listed with this service plan will have service within one hour of trouble call and repaired with a four-hour minimum. Service provider to stock adequate parts to ensure seamless operation.
g. All fan and drive belts listed on equipment will be replaced at a minimum of once per year.
h. Change and date air filters bi-monthly. The City requires 30-35% Efficient Pleated filters to be used in all HVAC systems. HEPA box filters are required at the Library.
i. Perform bi-annual cleaning in spring and fall of all air-cooled condensers to improve system efficiency.
j. Clean all evaporator coils to improve system efficiency. Annual steam cleaning. k. All compressors that require replacement or rebuilding are included at no additional cost, including refrigeration re~charging. • I. Provide an electronic detailed copy of service and/or repair performed on each unit after service and/or repair is performed. Include facility name, address, model and serial number of equipment and work performed, including monthly, quarterly, bi-annual and annual maintenance tasks.
m. Provide an updated list of City inventory as changes occur. n. It is the sole responsibility of the service provider to maintain the units at their highest efficiency at all times.
o. A phone number must be provided for 24/7 service and the same technician is preferred on all service repair calls, both regular and emergency service. p. The Contractor is responsible to clean and keep neat all of the City's mechanical rooms. No storage permitted. All used filters and boxes must be removed. q. If a device or component of an HVAC system fails under normal operating conditions, the Contractor shall provide all required parts and labor at no additional cost to the City. The Contractor may charge for parts and labor only when the failure is determined to have been caused by misuse, vandalism, September 15, 2026, Item #3
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negligence, or damage caused by the City or other third parties r. All extra work will be quoted and agreed upon by the City Representative using the contracted labor rates.
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September 15, 2026, Item #3
PRE-PACKAGED HVAC UNITS, WINDOW UNITS, HEAT PUMPS, AND SPLIT SYSTEM
HVAC UNITS AIR-COOLED CONDENSERS MASTER TASK LIST
Quarterly Inspections:
1 . Check coils
2. Check for unusual noises and or vibrations
3. Check condition of belts and pulleys (if applicable)
4. Inspect bearings
5. Check oil level
6. Check and test all operating and safety controls and unit operation
7. Check auxiliary equipment operation
8. Check refrigerant and oil levels, fill/recharge as needed
9. Log all operating conditions after unit stabilizes.
Annual Inspections:
1. Clean coils
2. Replace belts and pulley.
3. Check and record head pressure
4. Check and record suction pressure
5. Check and record compressor starting amp draw
6. Check and record compressor running amp draw
7. Run oil analysis
8. Grease and lube bearings
9. Clean exhaust fans
10. Check quick disconnect, fuses, blades, connections and wiring conditions. Repair and/or replace as needed
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September 15, 2026, Item #3
Quarterly Inspections:
1. Inspect for leaks
AIR COOLED CONDENSERS
MASTER TASK LIST
2. Lubricate fan bearings per manufacturer's recommendation
3. Straighten fins (as required)
4. Check crankcase heater
5. Inspect and repair electrical connections, contactors, relays and controls
6. Check motor operating conditions
7. Check fan blades
8. Check vibration eliminators
9. Check oil and refrigerant filter drier (as required)
10. Check operation of thermostatic valve and adjusUreplace as required
11. Inspect and repair ductwork as needed
12. Inspect and repair condensate pan and drains
13. Maintain condensate pans in a sanitary condition
14. Inspect unit sheet metal and ma_intain in a weathertight condition
15. Check operation of thermostat and replace as needed
16. Check operation of economizer if equipped and adjust as necessary [Remainder of Page Left Blank Intentionally]
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Bi-monthly Inspections:
AIR HANDLERS
MASTER TASK LIST
1. Check and clean fan assembly
2. Lubricate fan bearings per manufacturer's recommendation
3. Lubricate motor bearings per manufacturer's recommendation
4. Check belts and sheaves (adjust as required)
5. Tighten all nuts and bolts
6. Check motor mounts and vibration pads
7. Inspect electrical connections and contractors
8. Lubricate and adjust associated dampers and linkage
9. Check fan operation
10. Clean outside air intake (as required)
11. Check and clean drains and drain pans (as required). Maintain in sanitary condition
12. Check and clean strainers, steam traps, isolation valves and hand valves (as required)
13. Check heating and cooling coils (clean as required)
14. Check operation of chilled water valve(s) (if applicable). Repair and replace as needed
15. Check operation of hot water valve(s) (if applicable). Repair and replace as needed
16. Check operation of economizer, repair as required
17. Check operation of variable frequency drives and repair/replace as needed.
18. Check and seal duct work as required
19. Inspect unit sheet metal and maintain in a weather-tight condition.
Annual Inspections:
1. On hot water/chilled water systems flush out debris and clean screens
2. Record amp draw on motor
3. Check and calibrate sensor
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September 15, 2026, Item #3
Bi-Monthly Inspection:
BOILER
MASTER TASK LIST
1. Inspect fireside of boiler and record condition
2. Visually inspect boiler pressure vessel for leaks and record
3. Inspect safety devices
4. Check and exercise hand and relief valves and feed equipment
5. Inspect and clean the burner and combustion equipment
6. Check burner sequence of operation and combustion equipment
7. Check fuel piping for leaks and proper support
8. Inspect electrical connections, clean and tighten as required
9. Clean boiler area
10. Inspect controls and control sequence, calibrate and adjust as required
11. Inspect auxiliary control such as flow sensors and temperature sensors
12. Replace water filters and date as required
Annual Inspection:
1. Perform all quarterly tasks listed above
2. Brush and vacuum soot/dirt from flues and combustion chamber
3. Check fuel supply
4. Check auxiliary equipment operation
5. Test and inspect burner, boiler and controls for proper operation
6. Perform combustion tests and adjust burner for maximum efficiency
7. Log all operating conditions
8. Verify G.P.M. flow through boiler, adjust manual and electronic controls as required to maintain minimum flow
9. Clean all dirty screens
10. Clean all coils of containments
[Remainder of Page Left Blank Intentionally]
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September 15, 2026, Item #3
Monthly Inspection:
CENTRIFUGAL CHILLER
MASTER TASKLIST
1. Check main starter and control panel, repair as required
2. Visually and electronically inspect for leaks, repair as required
3. Test oil annually, provide results to City
4. Lubricate inlet vane linkage
5. Check oil sump heater operation
6. Check pressure relief valve and expansion tank
7. Clean condenser tubes and coils (annually).
8. Inspect bearings
9. Log operating conditions on factory form bi-monthly (see sample form), with Factory Trained Technician logging operating conditions on the alternating month
10. Factory Trained Technician: Log operating conditions on factory from annually (see sample form).
11. Check auxiliary equipment operation
12. Check refrigerant and oil levels, fill/recharge as needed
13. Check and test all operating and safety controls
14. Check purge unit operation
15. Log all operating conditions
16. Check for vibrations per manufacturer's recommendations
17. Inspect and maintain computer control system
Monthly Preventive Maintenance:
1. Review owner's log. Log all operating conditions
2. Inspect chiller and adjust (as required)
3. Review chiller operation
4. Maintain all valves, pumps and motors including controls [Remainder of Page Left Blank Intentionally]
22 of 36
September 15, 2026, Item #3
Water Treatment
Master Task List
Monthly Inspection-Cooling Towers/Closed System/Boilers
1. Inspect all chemical feed, bleed, and treatment equipment for proper operation.
2. Test system water and verify proper bleed rates and chemical treatment levels.
3. Adjust chemical treatment levels as necessary to maintain proper system operation and water quality.
4. Add water treatment chemicals as required under the contract.
5. Inspect accessible portions of the systems for signs of corrosion, scale, leaks, slime, algae, or other abnormal conditions.
6. Alternate biocide and anti-foam treatments as necessary to control biological growth and foaming.
7. Clean and adjust treatment controls to maintain proper operation.
8. Verify adequate chemical inventory and replenish or reorder chemicals as necessary.
9. Provide written reports documenting inspection findings, water test results, chemical treatment levels, corrective actions taken, and recommendations.
10. Provide annual service for all water-cooled condensing towers in accordance with manufacturer recommendations.
[Remainder of Page Left Blank Intentionally]
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September 15, 2026, Item #3
Quarterly Inspections:
1. Check fan assembly
SUPPLY AND EXHAUST FANS
MASTER TASK LIST
2. Clean fan assembly as required
3. Lubricate motor bearings per manufacturer's recommendation
4. Check belts and sheaves (replace and adjust as required)
5. Tighten all nuts and bolts
6. Check motor mounts and vibration pads
7. Check motor operating condition
8. Inspect electrical connections and tighten as necessary
9. Lubricate and adjust associated dampers and linkage
10. Check fan operation
11. Record fan amp draw
[Remainder of Page Left Blank Intentionally]
24 of 36
September 15, 2026, Item #3
APPENDIX A
CAL OSHA has issued rulings regarding annual inspections of HVAC systems. The following is an excerpt from California Code of Regulations, Labor Code, Title 8, paragraph 5142:
TITLE 8 GENERAL INDUSTRY SAFETY ORDERS §5142
5142. Mechanically Driven Heating, Ventilating and Air Conditioning (HVAC) Systems to Provide Minimum Building Ventilation.
(a) Operation:
(1) The HVAC system shall be maintained and operated to provide at least the quantity of outdoor air required by the State Building Standards Code, Title 24, Part 2, California Administrative Code, in effect at the time the building permit was issued. (2) The HVAC system shall be operated continuously during working hours except:
(A) during scheduled maintenance and emergency repairs; (B) during periods not exceeding a total of 90 hours per calendar year when a servicing electric utility by contractual arrangement requests its customers to decrease electrical power demand, or;
(C ) during periods for which the employer can demonstrate that the quantity of outdoor air supplied by nonmechanical means meets the outdoor air supply required by (a) (1) of this section.
The employer must have available a record of calculations and/or measurements substantiating that the required outdoor air supply rate is satisfied by infiltration and/or by a nonmechanical driven outdoor air supply system.
(b) Inspection and Maintenance:
(1) The HVAC system shall be inspected at least annually, and problems found during these inspections shall be corrected within a reasonable time. (2) Inspections and maintenance of the HVAC system shall be documented in writing. The employer shall record the name of the individual(s) inspecting and/or maintaining the system, the date of the inspection and/or maintenance, and the specific findings, and the specific and actions taken.
The employer shall ensure that such records are retained for at least five years. (3) The employer shall make all records required by this section available for examination and copying, within 48 hours of a request, to any authorized representative of CAL OSHA (as defined in Section 3207), to any employee of any employer affected by this section, and to any designated representative of said employee of the employer affected by this section. [Remainder of Page Left Blank Intentionally]
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September 15, 2026, Item #3
HVAC Inventory
As a part of the bid specifications, equipment inventory of the facilities to be maintained under this contract are included as a part of this Section. The building inventory and associated equipment shall be used for the bidding of the contract as specified for each facility.
Facilities:
1. City Hall and Council Chambers
2. Fire Station I
3. Fire Station II
4. Fire Station Ill
5. Community Park Pool
6. Community Park Pool 1st Aid Building
7. Community Park Mickey Cafagna Center
8. Performing Arts Center
9. Poway Public Library
10. Kumeyaay-lpai Interpretative Center
11. Old Poway Park Hamburger Factory and Museum
12. Old Poway Park Train Depot
13. Old Poway Park Train Barn
14. Old Poway Park Nelson House
15. Old Poway Park Porter House
16. Old Poway Park Templar's Hall
17. Aubrey Park Concessions/Girls Softball trailer
18. Public Works Fleet Maintenance
19. Public Works Operations Center
20. Public Works Facility
21. Public Works Pump House
22. Public Works Administration
23. Water Treatment Administration
24. Water Treatment Filter Control
25. Water Treatment Chlorine/Chemical Feed
26. Lake Poway Entry Station
27. Lake Poway Community Services Administration
28. Lake Poway Parks and Landscape Shop
29. Lake Poway Pavilion
30. Lake Poway Concession
31. Material Handling Yard Offices and Storage
26 of 36
September 15, 2026, Item #3
BID
ITEM:
FILTER
REPLACEMENT
SERVICES
Filter
Specifications:
Contractor
shall
be
responsible
for
the
replacement
of
filters
at
City
facilities
. The
filters
should
be
TRI-DEK
XL
4-Ply
with
antimicrobial
treatment
(see
Appendix
B:
Filter
Specifications)
.
Bi-annual
Inspection
Tasks
:
1. Replace
all
filters
City
wide
every
six
(6)
months
per
the
manufacture
's
recommendations,
all
labor
and
material
shall
be
included
in
this
bid
related
to
filters.
2. Legally
dispose
of
old
filter
and
any
related
packaging
of
the
new
filters
3. Ensure
all
fasteners
are
in
place
for
access
panels
or covers
for
the
filters
4. Report
any
HVAC
concerns
to
the
City
accompanied
with
pictures
and
explanation
5. Schedule
during
normal
business
hours
of
7am
to
3:30pm
Monday
through
Friday,
City
is
closed
every
other
Friday
and
some
holidays
6. Contractor
to
field
verify
size
and
quantity
of
filters
needed
for
each
facility
. Refer
to
page
32 for
a
list
of
facilities
.
[Remainder
of
Page
Left
Blank
Intentionally]
27 of
36 September 15, 2026, Item #3
2. Licenses:
Contractor
to
submit
documentation
demonstrating
it's
obtained
the
proper
approval/permits
to
dispose
of
water,
refuse
and
debris
at
an
approved
disposal
site.
Provide
a copy
of
authorization
by
the
Director
of
Health
Services
of
the
County
of
San
Diego
to
service
portable
toilets
and
holding
tanks.
Have
current
registration
with
the
Department
of
Industrial
Relations
(DIR)
per
Prevailing
Wage
requirements.
3. Invoices:
On
or
before
the
first
day
of
each
calendar
month,
Contractor
shall
submit
a
detailed
invoice
to
the
City
Staff
requesting
payment
for
services
rendered
in
the
preceding
month
. Each
invoice
must
include
purchase
order
number,
date
of
invoice,
costs
for
each
unit
for
rental
and
service
visit,
hours
expended,
materials,
additional
supplies,
etc.
Upon
receipt
of
an
invoice,
each
invoice
shall
be
reviewed
by
the
City
Staff
for
the
purpose
of
determining
whether
the
payment
request
is
undisputed
and
proper
for
payment.
A
payment
request
shall
be
considered
properly
executed
if
funds
are
available
for
payment
of
the
payment
request,
and
payment
is
not
delayed
due
to
an
audit
inquiry
by
the
financial
officer
of
the
City
. If
it
is
determined
not
to
be
a
request
suitable
for
payment,
it
shall
be
returned
to
Contractor
as
soon
as
practicable,
but
not
later
than
seven
(7)
working
days
after
receipt,
accompanied
by
a document
setting
forth
in
writing
the
reasons
why
the
invoice
is
not
proper.
City
shall
make
the
payment
within
thirty
(30)
days
after
receipt
of
an
undisputed
and
properly
submitted
payment
request
from
Contractor.
4. Assignment
and
Subcontracting:
The
Contractor
may
not
subcontract,
transfer,
or
assign
any
portion
of
the
contract.
5. Unfavorable
Maintenance
Conditions:
During
inclement
weather
,
or
other
unsuitable
maintenance
conditions,
the
Contractor
shall
confine
operations
to
work
that
will
not
be
adversely
affected
. No
portion
of
the
work
shall
be
done
under
conditions
that
would
adversely
affect
the
quality
or
the
efficiency
of
the
work,
unless
by
special
means
or
precaution
approved
by
the
City,
allowing
the
Contractor
the
ability
to
perform
the
work
in
a
proper
and
satisfactory
manner
.
6. Warranty:
All
work
performed
under
this
contract
will
carry
a
minimum
thirty-day
warranty
on
labor
and
the
manufacturer's
warranty
on
material.
[Remainder
of
Page
Left
Blank
Intentionally]
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September 15, 2026, Item #3
ATTACHMENT 2
FEE PROPOSAL
Note: Total proposal prices include service costs for entire fiscal year.
PROPOSAL TABLE -DIVISION I
HVAC EQUIPMENT REPAIR AND MAINTENANCE PROGRAM
Facility LOCATION SECTION A
Full Coverage Costs ($)
Includes all costs parts and labor
for maintenance and repairs
City Hall Facility 13325 Civic Center Drive $47,610
Council Chambers 13325 Civic Center Drive $4,650
Fire Station 1 13050 Community Road $7,100
Fire Station 2 16912 Westling Court $2,540
Fire Station 3 14322 Pomerado Road $11,805
Community Park 13094 Civic Center Drive $4,090
Auditorium
Community Park Pool 13094 Civic Center Drive $2,790
Main Building
Community Park Pool 13094 Civic Center Drive $1,860
Boiler
Community Park 1st Aid 13094 Civic Center Drive $675
Buildinq 1st Aid Buildinq
Community Park 13094 Civic Center Drive $675
Recreation Office
Community Park Crew 13094 Civic Center Drive $675
Buildinq
Community Park Mickey 13094 Civic Center Drive $21,175
CafanQa Community Center
Performing Arts Center 15498 Espola Road $57,500
Poway Public Library 13137 Poway Road $6,425
Kumeyaay Interpretative 13104 lpai Waaypuk Trail $1,300 Center
Old Poway Hamburger 141314 Midland Road $5,160
Factory and Museum
Old Poway Park Train 141314 Midland Road $870
Depot
Old Poway Park Train Barn 141314 Midland Road $870
Old Poway Park Nelson 141314 Midland Road $870
House
Old Poway Park Porter 141314 Midland Road $750
House
Old Poway Park Templars 141314 Midland Road $1,550
Hall
Aubrey Park Girls' Softball 13540 Aubrey Street $565
Concessions, Restroom
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September 15, 2026, Item #3
Public
Works
Flee
t
14415
Lake
Poway
Road
$995
Maintenance
Public
Works
Operations
14445
Lake
Poway
$2,575
Center
Public
Works
Facility
14445
Lake
Poway
Road
$725
Maintenance
Shop
Public
Works
Pump
House
14445
Lake
Poway
Road
$775
Public
Works
Ammon
ia
14445
Lake
Poway
Road
$775
Building
Public
Works
Camelback
14445
Lake
Poway
Road
$775
Pump
Station
Public
Works
14467
Lake
Poway
Road
$4
,200
Administration Treatment
Plant
14521
Lake
Poway
Road
$2,730
Administration
Bldg
.
Treatment
Plant
Filter
14521
Lake
Poway
Road
$1
,130
Control
Bldg
.
Treatment
Plant
14521
Lake
Poway
Road
$1,310
Chlorine/Chemical
Feed
Bldg
.
Lake
Poway
Entry
Station
14644
Lake
Poway
Road
$995
Lake
Poway
Community
14644
Lake
Poway
Road
$2
,340
Services
Administration
Lake
Poway
Parks
&
14644
Lake
Poway
Road
$1
,550
Landscape
Shop
Lake
Poway
Pavil
ion
14644
Lake
Poway
Road
$750
Lake
Poway
Concess
ion
14644
Lake
Poway
Road
$1,705
Crosthwaite
Material
12325
Crosthwaite
Circle
$992
Handling
Yard
Record
Storage/Lounge
30 of
36 September 15, 2026, Item #3
Hourly Repair Rates
One Journeyman HVAC Techs,
One Vehicle
Two Journeyman HVAC Techs,
One Vehicle
City Hall
PCPA
Division II -Hourly Rates
Includes Overhead
Monday-Friday (7am-6pm) After Hours (6pm to 7am) Weekends and Holidays
$170 $340
$340 $780
$170 Not Applicable
$170 Not Applicable
[Remainder of Page Left Blank Intentionally]
31 of 36
September 15, 2026, Item #3
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 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)
32 of36
(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 September 15, 2026, Item #3
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:
33 of 36
(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.
September 15, 2026, Item #3
(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
th
e 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
24 76),
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)
.
34 of
36 September 15, 2026, Item #3
GUARANTY
To the City of Poway, City Council, for:
HVAC MAINTENANCE AND FILTER REPLACEMENT 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 i.n 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
35 of 36
September 15, 2026, Item #3
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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