GENERAL PROVISIONS This Agreement is made and entered into, by and between the Houston-Galveston Area Council hereinafter referred to as H-GAC having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027 and TYMCO, Inc., hereinafter referred to as the Contractor, having its principal place of business at 225 East Industrial Boulevard, Waco, TX 76705. WITNESSETH: WHEREAS, H-GAC hereby engages the Contractor to perform certain services in accordance with the specifications of the Agreement; and WHEREAS, the Contractor has agreed to perform such services in accordance with the specifications of the Agreement; NOW, THEREFORE, H-GAC and the Contractor do hereby agree as follows: ARTICLE 1: LEGAL AUTHORITY The Contractor warrants and assures H-GAC that it possesses adequate legal authority to enter into this Agreement. The Contractor's governing body, where applicable, has authorized the signatory official(s) to enter into this Agreement and bind the Contractor to the terms of this Agreement and any subsequent amendments hereto. ARTICLE 2: APPLICABLE LAWS The Contractor agrees to conduct all activities under this Agreement in accordance with all applicable rules, regulations, directives, standards, ordinances, and laws, in effect or promulgated during the term of this Agreement, including without limitation, workers compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish H-GAC with satisfactory proof of its compliance therewith. ARTICLE 3: INDEPENDENT CONTRACTOR The execution of this Agreement and the rendering of services prescribed by this Agreement do not change the independent status of H-GAC or the Contractor. No provision of this Agreement or act of H-GAC in performance of the Agreement shall be construed as making the Contractor the agent, servant or employee of H-GAC, the State of Texas or the United States Government. Employees of the Contractor are subject to the exclusive control and supervision of the Contractor. The Contractor is solely responsible for employee related disputes and discrepancies, including employee payrolls and any claims arising therefrom. ARTICLE 4: WHOLE AGREEMENT The General Provisions, Special Provisions, and Attachments, as provided herein, constitute the complete Agreement (Agreement) between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. Except as otherwise provided herein, this Agreement cannot be modified without written consent of the parties. ARTICLE 5: SCOPE OF SERVICES
The services to be performed by the Contractor are outlined in an Attachment to this Agreement. ARTICLE 6: PERFORMANCE PERIOD This Agreement shall be performed during the period which begins Apr 01 2020 and ends Mar 31 2022. All services under this Agreement must be rendered within this performance period, unless directly specified under a written change or extension provisioned under Article 14, which shall be fully executed by both parties to this Agreement. ARTICLE 7: PAYMENT OR FUNDING Payment provisions under this Agreement are outlined in the Special Provisions. ARTICLE 8: REPORTING REQUIREMENTS If the Contractor fails to submit to H-GAC in a timely and satisfactory manner any report required by this Agreement, or otherwise fails to satisfactorily render performances hereunder, H-GAC may terminate this agreement with notice as identified in Article 15 of these General Provisions. H-GAC has final determination of the adequacy of performance and reporting by Contractor. Termination of this agreement for failure to perform may affect Contractors ability to participate in future opportunities with H-GAC. The Contractor's failure to timely submit any report may also be considered cause for termination of this Agreement. Any additional reporting requirements shall be set forth in the Special Provisions of this Agreement. ARTICLE 9: INSURANCE Contractor shall maintain insurance coverage for work performed or services rendered under this Agreement as outlined and defined in the attached Special Provisions. ARTICLE 10: SUBCONTRACTS and ASSIGNMENTS Except as may be set forth in the Special Provisions, the Contractor agrees not to subcontract, assign, transfer, convey, sublet or otherwise dispose of this Agreement or any right, title, obligation or interest it may have therein to any third party without prior written approval of H-GAC. The Contractor acknowledges that H-GAC is not liable to any subcontractor or assignee of the Contractor. The Contractor shall ensure that the performance rendered under all subcontracts shall result in compliance with all the terms and provisions of this Agreement as if the performance rendered was rendered by the Contractor. Contractor shall give all required notices, and comply with all laws and regulations applicable to furnishing and performance of the work. Except where otherwise expressly required by applicable law or regulation, H-GAC shall not be responsible for monitoring Contractor's compliance, or that of Contractors subcontractors, with any laws or regulations. ARTICLE 11: AUDIT Notwithstanding any other audit requirement, H-GAC reserves the right to conduct or cause to be conducted an independent audit of any transaction under this Agreement, such audit may be performed by the H-GAC local government audit staff, a certified public accountant firm, or other auditors designated by H-GAC and will be conducted in accordance with applicable professional standards and practices. The Contractor understands and agrees that the Contractor shall be liable to the H-GAC for any findings that result in monetary obligations to H-GAC. ARTICLE 12: EXAMINATION OF RECORDS The Contractor shall maintain during the course of the work complete and accurate records of all of the Contractor's costs and documentation of items which are chargeable to H-GAC under this Agreement. H-GAC, through its staff or designated public accounting firm, the State of Texas, and United States Government, shall have the right at any reasonable time to inspect, copy and audit those records on or
off the premises by authorized representatives of its own or any public accounting firm selected by H-GAC. The right of access to records is not limited to the required retention period, but shall last as long as the records are retained. Failure to provide access to records may be cause for termination of the Agreement. The records to be thus maintained and retained by the Contractor shall include (without limitation): (1) personnel and payroll records, including social security numbers and labor classifications, accounting for total time distribution of the Contractor's employees working full or part time on the work, as well as cancelled payroll checks, signed receipts for payroll payments in cash, or other evidence of disbursement of payroll payments; (2) invoices for purchases, receiving and issuing documents, and all other unit inventory records for the Contractor's stocks or capital items; and (3) paid invoices and cancelled checks for materials purchased and for subcontractors' and any other third parties' charges. The Contractor further agrees that the examination of records outlined in this article shall be included in all subcontractor or third-party agreements. ARTICLE 13: RETENTION OF RECORDS The Contractor and its subcontractors shall maintain all records pertinent to this Agreement, and all other financial, statistical, property, participant records, and supporting documentation for a period of no less than seven (7) years from the later of the date of acceptance of the final payment or until all audit findings have been resolved. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the retention period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the seven (7) years, whichever is later, and until any outstanding litigation, audit, or claim has been fully resolved. ARTICLE 14: CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Agreement, which are required by changes in federal or state law or by regulations, are automatically incorporated without written amendment hereto, and shall become effective on the date designated by such law or by regulation. B. To ensure the legal and effective performance of this Agreement, both parties agree that any amendment that affects the performance under this Agreement must be mutually agreed upon and that all such amendments must be in writing. After a period of no less than 30 days subsequent to written notice, unless sooner implementation is required by law, such amendments shall have the effect of qualifying the terms of this Agreement and shall be binding upon the parties as if written herein. ARTICLE 15: TERMINATION PROCEDURES The Contractor acknowledges that this Agreement may be terminated for Convenience or Default. A. Convenience H-GAC may terminate this Agreement at any time, in whole or in part, with or without cause, whenever H-GAC determines that for any reason such termination is in the best interest of H-GAC, by providing written notice by certified mail to the Contractor. Upon receipt of notice of termination, all services hereunder of the Contractor and its employees and subcontractors shall cease to the extent specified in the notice of termination. The Contractor may cancel or terminate this Agreement upon submission of thirty (30) days written notice, presented to H-GAC via certified mail. The Contractor may not give notice of cancellation after it has received notice of default from H-GAC. B. Default
H-GAC may, by written notice of default to the Contractor, terminate the whole or any part of the Agreement, in any one of the following circumstances: (1) lf the Contractor fails to perform the services herein specified within the time specified herein or any extension thereof; or (2) If the Contractor fails to perform any of the other provisions of this Agreement for any reason whatsoever, or so fails to make progress or otherwise violates the Agreements that completion of services herein specified within the Agreement term is significantly endangered, and in either of these two instances does not cure such failure within a period often (10) days (or such longer period of time as may be authorized by H-GAC in writing) after receiving written notice by certified mail of default from H-GAC. ARTICLE 16: SEVERABILITY H-GAC and Contractor agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. ARTICLE 17: FORCE MAJEURE To the extent that either party to this Agreement shall be wholly or partially prevented from the performance of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Determination of force majeure shall rest solely with H-GAC. ARTICLE 18: CONFLICT OF INTEREST No officer, member or employee of the Contractor or subcontractor, no member of the governing body of the Contractor, and no other public officials of the Contractor who exercise any functions or responsibilities in the review or Contractor approval of this Agreement, shall participate in any decision relating to this Agreement which affects his or her personal interest, or shall have any personal or pecuniary interest, direct or indirect, in this Agreement. ARTICLE 19: FEDERAL COMPLIANCE Contractor agrees to comply with all federal statutes relating to nondiscrimination, labor standards, and environmental compliance. Additionally, for work to be performed under the Agreement or subcontract thereof, including procurement of materials or leases of equipment, Contractor shall notify each potential subcontractor or supplier of the Contractor's federal compliance obligations. These may include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in Employment Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (h) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (j) any other nondiscrimination provisions in any specific statute(s)
applicable to any Federal funding for this Agreement; (k) the requirements of any other nondiscrimination statute(s) which may apply to this Agreement; (l) applicable provisions of the Clean Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. §1251 et seq.), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations at 40 CPR Part 15; (m) applicable provisions of the Davis- Bacon Act (40 U.S.C. 276a - 276a-7), the Copeland Act (40 U.S.C. 276c), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-332), as set forth in Department of Labor Regulations at 20 CPR 5.5a; (n) the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163). ARTICLE 20: CRIMINAL PROVISIONS AND SANCTIONS The Contractor agrees to perform the Agreement in conformance with safeguards against fraud and abuse as set forth by the H-GAC, the State of Texas, and the acts and regulations of any related state or federal agency. The Contractor agrees to promptly notify H-GAC of any actual or suspected fraud, abuse, or other criminal activity through the filing of a written report within twenty-four (24) hours of knowledge thereof. Contractor shall notify H-GAC of any accident or incident requiring medical attention arising from its activities under this Agreement within twenty-four (24) hours of such occurrence. Theft or willful damage to property on loan to the Contractor from H-GAC, if any, shall be reported to local law enforcement agencies and H-GAC within two (2) hours of discovery of any such act. The Contractor further agrees to cooperate fully with H-GAC, local law enforcement agencies, the State of Texas, the Federal Bureau of Investigation and any other duly authorized investigative unit, in carrying out a full investigation of all such incidents. The Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against the Contractor pertaining to this Agreement or which would adversely affect the Contractors ability to perform services under this Agreement. ARTICLE 21: INDEMNIFICATION AND RECOVERY H-GACs liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to its order processing charge. In no event will H-GAC be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor agrees, to the extent permitted by law, to defend and hold harmless H-GAC, its board members, officers, agents, officials, employees and indemnities from any and all claims, costs, expenses (including reasonable attorney fees), actions, causes of action, judgements, and liens arising as a result of Contractors negligent act or omission under this Agreement. Contractor shall notifiy H-GAC of the threat of lawsuit or of any actual suit filed against Contractor relating to this Agreement. ARTICLE 22: LIMITATION OF CONTRACTORS LIABILITY Except as specified in any separate writing between the Contractor and an END USER, Contractors total liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is limited to the price of the particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to
END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Agreement. ARTICLE 23: TITLES NOT RESTRICTIVE The titles assigned to the various Articles of this Agreement are for convenience only. Titles shall not be considered restrictive of the subject matter of any Article, or part of this Agreement. ARTICLE 24: JOINT WORK PRODUCT This Agreement is the joint work product of H-GAC and the Contractor. This Agreement has been negotiated by H-GAC and the Contractor and their respective counsel and shall be fairly interpreted in accordance with its terms and, in the event of any ambiguities, no inferences shall be drawn against any party. ARTICLE 25: DISPUTES All disputes concerning questions of fact or of law arising under this Agreement, which are not addressed within the Whole Agreement as defined pursuant to Article 4 hereof, shall be decided by the Executive Director of H-GAC or his designee, who shall reduce his decision to writing and provide notice thereof to the Contractor. The decision of the Executive Director or his designee shall be final and conclusive unless, within thirty (30) days from the date of receipt of such notice, the Contractor requests a rehearing from the Executive Director of H-GAC. In connection with any rehearing under this Article, the Contractor shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive. The Contractor may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Agreement and in accordance with H- GAC's final decision. ARTICLE 26: CHOICE OF LAW: VENUE This Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with the Agreement shall lie exclusively in Harris County, Texas. Disputes between END USER and Contractor are to be resolved in accordance with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes. ARTICLE 27: ORDER OF PRIORITY In the case of any conflict between or within this Agreement, the following order of priority shall be utilized: 1) General Provisions, 2) Special Provisions, 3) Scope of Work, and, 4) Other Attachments.
SIGNATURES: H-GAC and the Contractor have read, agreed, and executed the whole Agreement as of the date first written above, as accepted by: TYMCO, Inc.
H-GAC Houston-Galveston Area CouncilP.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777Cooperative Agreement - TYMCO, Inc. - Public Services -
SPECIAL PROVISIONS Incorporated by attachment, as part of the whole agreement, H-GAC and the Contractor do, hereby agree to the Special Provisions as follows: ARTICLE 1: BIDS/PROPOSALS INCORPORATED In addition to the whole Agreement, the following documents listed in order of priority are incorporated into the Agreement by reference: Bid/Proposal Specifications and Response to the Bid/Proposal. H-GAC acknowledges that the END USER Contractor through this Agreement, and that the term of the EUA may exceed the term of the current H-GAC Agreement. H- terms and conditions. Contractor agrees not to offer, agree to or accept from the END USER, any terms or conditions that conflict with those in Agreement with H-GAC. Contractor affirms that termination of its Agreement with H-GAC for any reason shall not result in the termination of any underlying terms of this Agreement, termination of this Agreement will disallow the Contractor from entering into any new EUA with END USERS. Applicable H-GAC order processing charges will be due and payable to H-GAC on any EUAs, surviving termination of this Agreement between H-GAC and Contractor. ARTICLE 3: MOST FAVORED CUSTOMER CLAUSE Contractor shall provide its most favorable pricing and terms to H-GAC. If at any time during this Agreement, Contractor develops a regularly followed standard procedure of entering into agreements with other governmental customers within the State of Texas, and offers the same or substantially the same products/services offered to H-GAC on a basis that provides prices, warranties, benefits, and or terms more favorable than those provided to H-GAC, Contractor shall notify H-GAC within ten (10) business days thereafter, and this Agreement shall be deemed to be automatically retroactively amended, to the effective date Contractor shall provide the same prices, warranties, benefits, or terms to H-GAC and its END USER as provided in its most favorable past agreement. H-GAC shall have the right and option at any time to decline to accept any such change, in which case the amendment shall be deemed null and void. If Contractor claims that a more favorable price, warranty, benefit, or term that was charged or offered to another entity during the term of this Agreement, does not constitute more favorable treatment, than Contractor shall, within ten (10) business days, notify H-GAC in writing, setting forth the detailed reasons Contractor believes the aforesaid offer is not in fact most favored treatment. H-GACand thereupon this Agreement between H-GAC and Contractor shall be automatically amended, effective retroactively, to the effective date of the most favored agreement, to provide the same prices, warranties,
benefits, or terms to H-GAC and the END USER. EXCEPTION: This clause shall not be applicable to prices and price adjustments offered by a bidder, concession], or to any prices offered to the Federal Government and its agencies. ARTICLE 4: PARTY LIABILITY liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder. Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. Contractor accepts liability to repay, and shall repay upon demand to END USER, any amounts determined by H-GAC, its independent auditors, or any state or federal agency, to have been paid in violation of the terms of this Agreement. ARTICLE 5: GOVERNING LAW & VENUE Contractor and H-GAC agree that Contractor will make every reasonable effort to resolve disputes with the END USER in accord with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GACof such disputes. ARTICLE 6: SALES AND ORDER PROCESSING CHARGE Contractor shall sell its products to END USERS based on the pricing and terms of this Agreement. H-GAC will invoice Contractor for the applicable order processing charge when H-GAC receives notification of an END USER order. Contractor shall remit to H-GAC the full amount of the applicable order processing charge, after delivery of any product or service and subsequent END USER acceptance. Payment of the Order Processing Charge shall be remitted from Contractor to H-GAC, within thirty (30) calendar days or ten (10) receipt of invoice. For sales made by Contractor based on this Agreement, including sales to entities without Interlocal Agreements, Contractor shall pay the applicable order processing charges to H-GAC. Further, Contractor agrees to encourage entities who are not members of H-GAC Cooperative Purchasing Program to execute an H-GAC Interlocal Agreement. H-GAC reserves the right to take appropriate actions including, but not limited to, Agreement termination if Contractor fails to promptly remit the appropriate order processing charge to H-GAC. In no event shall H-GAC have any liability to Contractor for any goods or services an END USER procures from Contractor. At all times, Contractor shall remain liable to pay to H-GAC any order processing charges on any portion of the Agreement actually performed, and for which compensation was received by Contractor. ARTICLE 7: LIQUIDATED DAMAGES Contractor and H-GAC agree that Contractor shall cooperate with the END USER at the time an END USER purchase order is placed, to determine terms for any liquidated damages. ARTICLE 8: INSURANCE Unless otherwise stipulated in Section B of the Bid/Proposal Specifications, Contractor must have the following insurance and coverage minimums: a. General liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General
Aggregate limit of at least two times the Single Occurrence limit. Product liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit for all Products except Automotive Fire Apparatus. For Automotive Fire Apparatus, see Section B of the Bid/Proposal Specifications. Property Damage or Destruction insurance is required for coverage of End User owned equipment while in Contractor's possession, custody or control. The minimum Single Occurrence limit is $500,000.00 and the General Aggregate limit must be at least two times the Single Occurrence limit. This insurance may be carried in several ways, e.g. under an Inland Marine policy, as art of Automobile coverage, or under a Garage Keepers policy. In any event, this coverage must be specifically and clearly listed on insurance certificate(s) submitted to H-GAC. b. Insurance coverage shall be in effect for the length of any contract made pursuant to the Bid/Proposal, and for any extensions thereof, plus the number of days/months required to deliver any outstanding order after the close of the contract period. c. Original Insurance Certificates must be furnished to H-GAC on request, showing Contractor as the insured and showing coverage and limits for the insurances listed above. d. If any Product(s) or Service(s) will be provided by parties other than Contractor, all such parties are required to carry the minimum insurance coverages specified herein, and if requested by H-GAC, a separate insurance certificate must be submitted for each such party. e. H-GAC reserves the right to contact insurance underwriters to confirm policy and certificate issuance and document accuracy. ARTICLE 9: PERFORMANCE AND PAYMENT BONDS FOR INDIVIDUAL ORDERS H-contractual requirements DO NOT include a Performance & Payment Bond (PPB); therefore, Contractor shall offer pricing that reflects this cost savings. Contractor shall remain prepared to offer a PPB to cover any order if so requested by the END USER. Contractor shall quote a price to END USER for provision of any requested PPB, and agrees to furnish the PPB within ten business (10) days of receipt of END USER's purchase order. ARTICLE 10: CHANGE OF STATUS Contractor shall immediately notify H-GAC, in writing, of ANY change in ownership, control, dealership/franchisee status, Motor Vehicle license status, or name. Contractor shall offer written guidance to advise H-GAC if this Agreement shall be affected in any way by such change. H-GAC shall have the right to determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and including cancellation of Agreement. ARTICLE 11: TEXAS MOTOR VEHICLE BOARD LICENSING All that deal in motor vehicles shall maintain current licenses that are required by the Texas Motor Vehicle Commission Code. If at any time during this Agreement term, any required Contractor license is denied, revoked, or not renewed, Contractor shall be in default of this Agreement, unless the Texas Motor Vehicle
Board issues a stay or waiver. Contractor shall promptly provide copies of all current applicable Texas Motor Vehicle Board documentation to H-GAC upon request.
Revised 6.1.18
AMENDMENT No. 3 to CONTRACT No. SW04-20 For Sweeping Equipment Between HOUSTON-GALVESTON AREA COUNCIL And TYMCO, Inc. THIS AMENDMENT modifies the above referenced Contract as follows: This contract is extended through March 31, 2025 Midnight CT. Unless otherwise noted, this amendment goes into effect on the date signed by H-GAC. All other terms and conditions of this Contract shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective duly authorized representatives. Signed for Houston-Galveston Area Council, ____________________________________ Houston, Texas Chuck Wemple, Executive Director Date:_______________________________ Signed for: TYMCO, Inc. ____________________________________ Printed Name & Title: ____________________________________ Date:_______________________________
ATTACHMENT C
Municipal Code 2.28.120
Item Number: 14
City Council / Board of Directors
Written Communications
Meeting of: October 15, 2024
Submitted By:
Doug Mathews, Director of Public Works and Water
Subject:
Roof Restoration Contract Award for Water Department Facilities Recommendation:
That the Honorable Board of Directors award a contract to Riteway Roofing in the amount of $469,000 for the Roof Replacement for Various Projects, Project No. CC25-014.
Fiscal Impact:
This project was appropriated in the Fiscal Year 24/25 annual budget under the Water Fund (Fund 410) from the following account codes:
Taking action in accordance with the staff recommendation will result in a fiscal impact of $469,000. Contingencies for potential change orders have been incorporated into the overall budget to account for any unforeseen conditions that may arise once work begins.
Since the full extent of the roof's condition may only become evident during the project, this allowance ensures that any additional costs are covered without impacting the project's progress.
Strategic Plan Goal:
This project aligns with Strategic Goal E. Invest in Infrastructure. This roof restoration project will provide a long-term roofing solution to existing infrastructure ensuring staff safety and asset protection.
Account Description Account Code Budgeted Amount
Avenal Roof Replacement 4100500-55080-74503 $170,000
Balsam Roof Replacement 4100500-55080-74504 $140,000
El Evado Roof Replacement 4100500-55080-74511 $150,000
Well 203 Roof Replacement 4100500-55080-74545 $15,000
D1 Roof Replacement 4100541-55060-74529 $297,000
Total $772,000
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Background:
In late 2018, the City conducted a Request for Information (RFI) to assist staff in determining the best product for roof restoration projects of this type. At that time, roofing material specifications submitted by contractors/manufacturers were reviewed by a selection committee consisting of staff from Community Services, Development, Engineering, Finance/Purchasing and Airport Operations. The selection committee determined that WeatherWeld’s seamless roofing system with a fiberglass-reinforced membrane best fit the City’s needs. Although other seamless systems were also considered, WeatherWeld offered the longest warranty period, consisting of a 40-year manufacturer’s warranty on the roofing membrane and base flashings, a 12-year manufacturer’s warranty on the coating, and a two-year project warranty on product installation. The product specifications have been included in Attachment A.
Discussion:
The Water Department surveyed District facilities and found numerous roofs in need of repair. The aging roofs at five key sites are in need of replacement to prevent further deterioration and mitigate potential damage to infrastructure. The roofs at the El Evado Treatment Plant (15 years old), Avenal Treatment Plant (12 years old), Balsam Treatment Plant (17 years old), Well Site 203 (10 years old), and District 1 Warehouse (20 years old) have reached or exceeded their expected lifespans. Several of these roofs are already experiencing wear, including leaks and water infiltration, which could damage equipment and pose health and safety risks due to mold and structural issues.
In February of this year, a comprehensive assessment of the roofs was conducted by the Facilities Division of the Community Services Department, concluding that each roof was approaching the end of its service life and would soon require replacement due to their deteriorating condition. Replacing these roofs now will prevent escalating maintenance costs, reduce energy inefficiencies, and safeguard the District’s operational capabilities.
If left unaddressed, roof failures could lead to more costly repairs, operational disruptions, and safety hazards for personnel and contractors. This project is crucial to maintaining the integrity of the District’s facilities and ensuring consistent service delivery.
Staff proposed several Capital Improvement Projects (CIP) for FY 24/25 to ensure the Department’s assets were protected and staff safety issues were mitigated. As part of the annual budget process, Council agreed with the need and approved the roof repairs for FY 24/25.
Due to the severity of the necessary roof repairs and the need to repair prior to the next rainy season, the Facilities Division and Purchasing Division handled the procurement process for this project pursuant to VMC 2.28.200 – Public works contracts with an estimated cost in excess of sixty thousand dollars but no more than five hundred thousand dollars, informal bid process.
On July 30, 2024, a Notice Inviting Bids on a WeatherWeld roofing system or equivalent for the Roof Replacement for Various Projects, Project No. CC25-014, was sent to 30 3 8
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contractors, posted on Ebidboard.com and on the City’s website. A mandatory pre-bid meeting and job walk was held on August 20, 2024, and bids were due by September 5, 2024, at 2:30 p.m. The following seven (7) informal bids were received:
All seven (7) contractors are listed as certified installers for the WeatherWeld system (Attachment B). After review and tabulation of the bid proposals, it was determined that Riteway Roofing is the lowest responsive and responsible bidder based on the base bid for this project. Change orders are anticipated, and a budget contingency of 20% has been set aside to cover these expenses.
Staff recommends that the Board award a contract to Riteway Roofing for Roof Replacement for Various Projects, Project No. CC25-014, in the amount of $469,000.
Staff is available for questions.
Attachments: A. Product Specifications
B. Certified Installer List
C. Construction Agreement
D. Roof Management Reports
Contractor Location Bid Amount
Riteway Roofing Fontana, CA $469,000
FC & Sons Roofing, Inc. Bell Garden, CA $489,066
Bell Roof Co. Colton, CA $522,540
Southland Roofing, Inc. Los Angeles, CA $559,500
Best Contracting Gardena, CA $652,700
4 Seasons Roofing Montebello, CA $676,200
State Roofing San Leandro, CA $737,499
Attachment A
Product Specifications
Attachment B
Certified Installer List
9757 7th Street Suite 803, Rancho Cucamonga, CA 91730 (888) 440-3224 ~ [email protected] August 28, 2024 To Whom It May Concern: Below is a list of the current Certified WeatherWeld Contractors that are approved to install WeatherWeld Roofing Systems for the 2024 calendar year. 4 Seasons Roofing Inc 1300 W Colegrove Ave., Montebello CA 90640 Anibal Cabral (562) 755-2121 [email protected] State Roofing Systems, Inc. 2910 Rubidoux Blvd., Jurupa Valley CA 92509 Chuck Uptergrove (951) 315-4760 [email protected] Bell Roof Company Inc 636 S I St., San Bernardino CA 92410 Scott Lyon (909) 772-8422 [email protected] Southland Roofing Inc 9127 S Western Ave., Los Angeles CA 90047 Pier Prenga (818) 667-7768 [email protected] Best Contracting Services 19027 Hamilton Ave., Gardena CA 90248 Matt Adab (310) 505-5841 [email protected] Pedro Correa (310) 678-1976 [email protected] Superior Roofing Systems 1101 E Gene Autry Way, Anaheim, CA 92805 Jeff Moreno (949) 943-4218 [email protected] Chapman Coast Roofing Co 2030 E Walnut, Fullerton CA 92831 Brandon Rodgers (714) 293-3285 [email protected] Commercial Roof Solutions Inc 607 Mission Ave., Oceanside CA 92054 Miles Cunningham (760) 636-9373 [email protected] CIS Roofing 23052 Alicia Pkwy #H374, Mission Viejo CA 92692 Art Jones (714) 867-9178 [email protected] GreenCal Construction 9065 Rosecrans Ave., Bellflower CA 90706 Hazel Serrano (714) 790-1750 [email protected] Rite-Way Roofing 15425 Arrow Rte., Fontana CA 92335 Bill LaMontagne (951) 675-9344 [email protected] Jeff Hughes (909) 350-8490 [email protected] KNK Construction Corp 16612 Gazeley St., Canyon Country CA 91351 Dean Matthews (661) 755-0028 [email protected] McDonnnell Roofing 1215 Columbia Ave. C-1, Riverside CA 92507 Gene McDonnell (714) 240-7476 [email protected] Johnny Garcia (714) 335-8841 [email protected] RK Roofing & Construction Inc 249 Estudillo Ave., San Leandro CA 94577 Kenneth Nwokedi (510) 385-9518 [email protected] FC & Sons Roofing Inc 6508 Clara St., Bell Gardens CA 90201 Fernando Cabral Jr (562) 927-2310 [email protected] Ranger Roofing & Solar 5238 Sierra Vista Ave., Riverside CA 92505 Chad Kozak (619) 748-9663 [email protected]
Attachment C
Construction Agreement
1 Construction Agreement/Roof Replacement for Various Locations/Project CC25-014
CONSTRUCTION AGREEMENT
BY AND BETWEEN
VICTORVILLE WATER DISTRICT
AND
RITE-WAY ROOF CORPORATION
FOR
ROOF REPLACEMENT FOR VARIOUS LOCATIONS,
PROJECT CC25-014
THIS CONSTRUCTION AGREEMENT (the “Agreement ”) dated this __________________ day of ______________, 2024, for reference purpose only , is made and entered into by and between the VICTORVILLE WATER DISTRICT, a County water district and subsidiary district of the City of Victorville, organized and existing in the County of San Bernardino under and by virtue of the laws of the State of California hereinafter referred to as the “District”, and Rite-Way Roof Corporation, a California corporation, hereinafter referred to as the “Contractor”. The District and the Contractor are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.”
RECITALS:
WHEREAS the District requires Roof Replacement for Various Locations, Project CC25- 014, (the “Project”); and
WHEREAS, in light of the facts set forth above, the District desires to retain Contractor in connection with Roof Replacement for Various Locations; and
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby inco rporated into this Agreement by this reference, as though set forth herein.
Section 2. TERM OF AGREEMENT
This Agreement shall commence upon the date of issuance of the Notice to Proceed (the “Commencement Date”) and shall terminate upon completion of the Project Twelve (12) Months after Commencement Date (the “ Termination Date”), unless sooner terminated in accordance with the provisions of this Agreement (the “Term”). From and after the Termination Date, and upon subsequent agreement by the Parties, this Agreement may continue on a month- to-month basis until terminated pursuant to Section 3 below.
Section 3. TERMINATION OR SUSPENSION
a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of s uch termination or suspension. In the event of such 2 Construction Agreement/Roof Replacement for Various Locations/Project CC25-014
termination, the District shall only be liable for payment under the payment provisions of this Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination.
b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the District shall only be liable for payment under the payment provisions of this Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination.
Section 4. CONTRACT DOCUMENTS; PRIORITY
a. Contract Documents. The Contract Documents consist of the following documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference .
Said Contact Documents are intended to be correlative and constitute Contractor’s performance obligations:
1. This Agreement.
2. Exhibits A & B.
3. Notice Inviting Bids for the Project.
4. Specifications for the Project.
5. Special Provisions.
6. List of Subcontractors.
7. 100% Faithful Performance & Payment Bonds.
8. Non-Collusion Declaration.
9. Guaranty.
b. Interpretation. In the event of any conflict between any of the Contract Documents, the document highest in the order of precedence (from highest to lowest), as set forth in Subsection 4.a above shall control.
Section 5. CONTRACTOR’S OBLIGATIONS
Contractor shall complete the Project as specifically set forth in the Contract Documents.
Contractor shall furnish, at its own cost and expense, all labor, services, material, tools, equipment, supplies, transportation, and any other items and facilities necessary therefore, as provided in the Contract Documents.
Section 6. COMPENSATION
The Contractor agrees to receiv e and accept the following amount, not to exceed Four Hundred Sixty-nine and 00/100 Dollars ($469,000.00), as full compensation for furnishing; all materials, doing all the work contemplated and embraced in this contract, all loss or damage arising out of the nature of the work aforesaid, the action of the elements, any unforeseen difficulties or obstructions which may arise or be encountered in the execution of the work until its acceptance by the District, and for all risks of every description connected with the work, all expenses incurred by or in consequence of the suspension or discontinuance of work well and faithfully completing the whole work, thereof, according to the requirements of the Contract Documents and to the satisfaction of Doug Mathews, Director of Public Works and Water, or his designee, to wit: See Exhibit “A”, Scope of Work.
3 Construction Agreement/Roof Replacement for Various Locations/Project CC25-014
Section 7. BID PROPOSAL FORMS
The District shall pay Contractor as provided in the Bid Proposal Forms, attached hereto as Exhibit “B”, and incorporated her ein by this reference as though set forth in full, subject to approval of the District, when applicable.
Section 8. PREVAILING WAGES
a. Compliance with State Prevailing Wage Law. Pursuant to California Labor Code Section 1773, the DISTRICT has obtained from the Director of the Department of Industrial Relations (“DIR”) the general prevailing rate of per diem wages and the general prevailing wage rate for holiday and overtime work applicable for each craft, classification, or type of worker in San Bernardino County, California, w here the Project is to be performed. C opies of these prevailing rate of per diem wages are on file at the City of Victorville Finance Department/Purchasing Division and shall be made available for review to any interested party on request. Copies of these prevailing rate of per diem wages are also available from the State of California via the internet at
http://www.dir.ca.gov/DLSR/PWD. Contractor and its subcontractors shall pay not less than said specified prevailing rate of per diem wages to all workers employed by them in the performance of any work under this Agreement which constitutes “public works” or “public work”, including without limitation, Roof Replacement for Various Locations, and any other work or services described in or encompassed by California Labor Code (“Labor Code”) Sections 1720 through 1720.9, 1771, and 1772. Contractor shall be solely responsible for using the correct and current prevailing wage rates and performing accordingly. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct prevailing wage, or compliance with the maintenance and inspection of payroll records , posting of prevailing wage rates at the work/job site, employment of apprentices, and other requirements of Labor Code Section 1720 et seq.; Labor Code Section 1810 et seq .; California Code of Regulations, Title 8, Section 16000 et seq.; and all other applicable State labor laws.
b. Designation as Contractor Not Determinative. For purposes of this Agreement, Contractor and its subcontractors shall be subject to and shall comply with all provisions of the Labor Code applicable to contractors and subcontractors when they are engaged in the performance of any work under this Agreement which constitutes “public works” or “public work” as defined in subsection a above, despite being designated as a Contractor.
c. Conflict. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the provisions of this Section and the terms of Exhibit “A” or Exhibit “B” of this Agreement, the provisions of this Section shall control and nothing herein shall be considered as an acceptance of the terms of Contractor’s Scope of Services, scope of work, bid proposal, cost proposal, and/or fee schedule which conflict with the provisions of this Section.
d. Payroll Records . Contractor and its subcontractors must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, including without limitation, those set forth in Title 8 of the California Code of Regulations, Section 16000 et seq. (hereinafter the “ Regulations”), which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR.
(1) Contractor and Subcontractor Obligations. Contractor and each subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the 4 Construction Agreement/Roof Replacement for Various Locations/Project CC25-014
actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(a) The information contained in the payroll record is true and correct; and
(b) Contractor or subcontractor has complied with the requirements of Labor Code Sections 1771, 1811, and 1815 for any covered work performed by its employees on the Project.
(2) Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to the DISTRICT, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code.
(3) Enforcement. Upon notice of noncompliance with Labor Code Section 1776, Contractor or subcontractor has ten days in which to comply with the requirements of this section. If Contractor or subcontractor fails to do so within the ten- day period, Contractor or subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Contractor.
(4) Payment of Invoices . Copies of the certified payrolls, proof of payroll submissions, and appropriate lien releases are required with each invoice to the DISTRICT. Payment of the invoice may be delayed when payroll -related documents and/or lien releases are not included with the invoice.
e. Apprentices. Contractor is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, which is fully incorporated by reference.
f. Notices. Pursuant to Labor Code section 1771.4, Contractor is required to post all Job Site notices, including prevailing wage rates and other notices, as required by regulation.
g. Other Labor Requirements . Contractor has the responsibility for and shall comply with all other applicable requirements of Labor Code Section 1720 et seq., Labor Code Section 1810 et seq., the Regulations, and all other applicable State labor laws. Contractor further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor shall require the same of all its subcontractors.
h. Statutory Penalties. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hours laws will be enforced as follows:
(1) Pursuant to Labor Code section 1775, the Contractor and any subcontractor under it shall forfeit as a penalty to the DISTRICT not more than Two Hundred Dollars ($200.00), for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in 5 Construction Agreement/Roof Replacement for Various Locations/Project CC25-014
which such worker is employed for any public work done under this Agreement by it or by any subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.
(2) Pursuant to Labor Code Section 1813, Contractor or subcontractor shall, as a penalty to the DISTRICT , forfeit twenty -five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week, except as specified in Labor Code Section 1815. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day.
i. DIR Monitoring. Pursuant to Labor Code Section 1771.4, the Agreement for this Project is subject to compliance monitoring and enforcement by the DIR.
j. DIR Registration . Pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and its subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Agreement, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code Sections 1725.5 and 1771.1 in any subcontract and ensure that all subcontractors are registered at the time this Agreement is entered into and maintain registration for the duration of the Project.
Section 9. W ORKERS’ COMPENSATION INSURANCE
Contractor shall procure and maintain, at its own expense, during the Term of this Agreement, workers’ compensation insurance, providing coverage as required by the California State Workers’ Compensation Law. If any class of employees employed by Contract or is not protected by the California State Workers’ Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the District.
In conformance with current statutory requirements of Section 1860 et seq., of the Labor Code of the State of California, the undersigned confirms the following as their certification:
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the work of this contract.
Section 10. NOTICE TO PROCEED
No work, service, material, or equipment shall be performed or furnished under this Contract unless and until a Notice to Proceed has been given to the Contractor by the District .
Contractor shall commence work pursuant to the Contract Documents as directed by the District in the Notice to Proceed, and to diligently execute the same to completion within the time limits set forth in the Contract Documents.
6 Construction Agreement/Roof Replacement for Various Locations/Project CC25-014
Section 11. COMPLIANCE WITH LAWS
Contractor shall comply with all local, state, and federal laws and regulations applicable to the performance of the work required by the Contract Documents, including any rule, regulation, or bylaw governing the conduct or performance of Contractor , its e mployees, officers, board members, agents, independent contractors, and subcontractors. Unless otherwise specified in the Contract Documents, all required permits and licenses shall be held or obtained by the Contractor at its sole expense.
Section 12. COMMERCIAL GENERAL, AUTOMOBILE AND POLLUTION
LIABILITY INSURANCE
Contractor shall procure and maintain at its own expense, during the term of this Agreement, com mercial general liability insurance, of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers, and agents and independent contractors.
Contractor shall further procure and maintain, at its own expense, during the Term of this Agreement, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) Combined Single Limit, covering any vehicle(s) utilized by Contractor or its officers, employees, servants, volunteers, or agents and independent contractors in performing the services required by this Agreement.
If the project entails the handing or use of hazardous material, Contractor shall further procure and maintain, at its own expense, during the Term of this Agreement, pollution liability insurance of not less than One Million Dollars ($1,000,000).
Section 13. POLLUTION LIABILITY
Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $1,000,000 aggregate per policy period of one year.
Section 14. INSTALLATION FLOATER
Contractor, and or any of its subcontractors, suppliers, vendors, employees, or person whom it performing any work under this agreement shall purchase, and maintain insurance to the full contract and insurable value thereof commonly referred to as an Installation Floater policy that offers “Installation” coverage for all materials, supplies, equipment, and property obtained by, or for Contractor, which is to become part of the work while such equipment and property is stored at the jobsite, at temporary locations, or while in transit to the project from such temporary locations. Contractor, and or any of its subcontractors, suppliers, vendors, employees, or person whom is performing any work under this agreement shall also be responsible for insuring their owned, leased/rented or borrowed equipment. Insurance shall name the District and the City as a Loss Payee as their interest may appear and include a Waiver of Subrogation Endorsement(s) in favor of the District and the City of Victorville.
7 Construction Agreement/Roof Replacement for Various Locations/Project CC25-014
Section 15. ADDITIONAL INSURED
Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation coverage, shall bear an endorsement whereby it is provided that, the District, the City of Victorville and their officers, employees, servants, volunteers, and agents and independent contractors, including, without limitation, the District’s Attorney, are named as Additional Insureds.
Section 16. WAIVER OF SUBROGATION RIGHTS
Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the District, the City of Victorville and their officers, volunteers, employees, contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
Section 17. PROOF OF INSURANCE COVERAGE; REQUIRED PRIOR TO
COMMENCEMENT OF SERVICES
a. Contractor shall secure from a good and responsible company or companies authorized to do insurance business in the State of California the policies of insurance required by this Agreement and furnish to the District Secretary certificates of said insurance at least one (1) day prior to the commencement of any services to be performed under this Agreement.
b. The certificates of insurance shall bear an endorsement whereby it is provided that, in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the District shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of non -payment, ten (10) days’ advance written notice shall be given.
c. The certificates of insurance shall bear an endorsement whereby it is provided that the respective insurance policy shall not be terminated or expire without first providing thirty (30) days written notice to the District of such termination or expiration.
d. The certificates of insurance shall indicate that the respective insurance policy will be maintained throughout the Term of this Agreement.
e. The commercial general liability and vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the District, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the District, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.”
Section 18. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.
8 Construction Agreement/Roof Replacement for Various Locations/Project CC25-014
Section 19. INDEMNIFICATION
Notwithstanding the limits of any insurance, Contractor shall indemnify the District , its officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities or portion of such claims or liabilities arising or alleged to arise from the negligence or willful misconduct of the District its officials, officers, agents, volunteers or employees, and in connection therewith:
a. Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
b. Contractor will promptly pay any judgment rendered against the District , its officials, officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', subcontractors' or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the District , its officials, volunteers, officers, agents, and employees harmless there from;
c. In the event the District , its officials, officers, agents, volunteers or employees is made a Party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the District , its officials, volunteers officers, agents or employees, any and all costs and expenses incurred by the District , its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to District;
d. Contractor's duty to defend and indemnify as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter -Cologne Water Quality Control Act, as any of those statutes may be amended from time to time;
The Contractor's indemnification obligations pursuant to this Section shall survive the termination of this Agreement. Contractor shall require the same indemnification from all subcontractors.
9 Construction Agreement/Roof Replacement for Various Locations/Project CC25-014
Section 20. REPORTS
Upon request by Doug Mathews, Director of Public Works and Water, or his designee, Contractor shall prepare and submit reports concerning Contractor's performance of the work required by this Agreement.
Section 21. RECORDS
a. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Doug Mathews, Director of Public Works and Water, or his designee, to evaluate the cost and the performance of such services.
b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.
c. Doug Mathews, Director of Public Works and Water, or his d esignee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
d. Records and supporting documents pertaining to the use of funds paid to Contractor hereunder shall be retained by Contractor and made available to Doug Mathews, Director of Public Works and Water, or his designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.
Section 22. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both Parties.
Section 23. ENTIRE AGREEMENT
a. This Agreement supersedes any and all prior or contemporaneous agreements, either oral or written, between the District and Contractor with respect to the subject matter of this Agreement.
b. The Contract Documents contain all of the covenants and agreements between the Parties with respect to the subject matter herein, and each Party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Agreement and the Contract Documents.
c. No agreement, statement, or promise with respect to the subject matter of the Contract Documents, which is not contained in the Contract Documents, or in a valid modification or amendment to the Contract Documents, shall be valid or binding on either Party.
Section 24. AMBIGUITIES
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against eit her of them.
Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement. 10 Construction Agreement/Roof Replacement for Various Locations/Project CC25-014
Notwithstanding the foregoing, the Parties agree that Exhibit “B” is attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this Construction Agreement and Exhibit “ B”, the terms of this Construction Agreement shall control and nothing set forth in Exhibit “B” shall be deemed to supersede any of the provisions of this Construction Agreement.
Section 25. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:
To the District: Doug Mathews, Director of Public Works and Water Water Department
14343 Civic Drive
Victorville, CA 92392
To Contractor: Jeff Hughes, President
Rite-Way Roof Corporation
15425 Arrow Route
Fontana, CA 92335
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
Section 26. NON-LIABILITY OF DISTRICT OFFICERS AND EMPLOYEES
No officer or employee of the District shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by the District or for any amount, which may become due to Contractor or to its successor(s), or for any breach of any obligation of the terms of this Agreement.
Section 27. REVIEW BY ATTORNEYS
Each Party hereto has had its attorneys review this Agreement and all related documents. Each Party hereto has consulted with its attorneys and has negotiated the terms of this Agreement based on such consultation.
Section 28. CARE OF WORK
C ontractor must adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the work by the District, except those losses or damages as may be caused by the District’s own negligence. The performance of the work by Contractor or the payment of money by the District shall not relieve Contractor from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the District, when such inaccuracies are due to the negligence of Contractor.
11 Construction Agreement/Roof Replacement for Various Locations/Project CC25-014
Section 29. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Section 30. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties . This Contract may not be assigned or transferred by Contractor without the concurrence of the surety and express written consent of the District, which may be withheld in the District ’s sole discretion since the experience and qualifications of Contractor were material considerations for this Contract.
Section 31. GENDER; PLURAL
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
Section 32. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
Section 33. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.
Section 34. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
Section 35. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.
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Section 36. ATTORNEY'S FEES
Should any litigation, specifically including but not limited to, arbitration and other non- judicial resolution of disputes be commenced between the Parties to this agreement concerning this agreement or the rights and duties of either i n relation thereto, the Parties prevailing in such litigation or other proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for attorney fees in such litigation where the proceeding which, if not agreed upon by the Parties, shall be determined by the court or other entity in which such litigation or other proceeding is brought.
Section 37. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the District, until signed by the authorized representative(s) of Consultant, approved by the District ’s Risk Manager, and executed by the authorized District personnel or Mayor.
Section 38. REPRESENTATIONS OF PARTIES AND PERSONS
EXECUTING AGREEMENT
a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.
Section 39. COUNTERPARTS
This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement.
Section 40. CARB COMPLIANCE OBLIGATIONS
a. CARB Regulations. Contractor is aware of the California Air Resources Board (“CARB” ) regulations mandating various emission reduction requirements. Contractor agrees to comply with all applicable CARB regulations (Title 13, Division 3 of the California Code of Regulations (“CCR”)) prior to commencing any work hereunder and maintain compliance throughout the duration of this Contract.
(1) Vehicles with a Gross Vehicle Weight Rating (GVWR) greater than 8,500 lbs. and light - duty package delivery vehicles operated in California may be subject to CARB’s Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets (ACF) webpage at https://ww2.arb.ca.gov/ourwork/programs/advanced-clean-fleets .
(2) Effective January 1, 2024, CARB implemented amendments to the In -Use Off- Road Diesel-Fueled Fleets Regulation (13 CCR Section 2449 et seq., the “Off- Road Regulation”) which apply broadly to all self -propelled off-road diesel vehicles 25 horsepower or greater and other forms of equipment used in California (including any vehicles or equipment that is rented or leased). The Off -Road Regulation is available at:
https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf. 13 Construction Agreement/Roof Replacement for Various Locations/Project CC25-014
b. Contractor must comply with all CARB regulations and requirements, including without limitation, all applicable sections of the Off -Road Regulation (as codified in 13 CCR Section 2449 et seq.) throughout the term of the Project and this Contract. Contractor shall be solely liable for all costs associated with complying with the regulations, as well as for any and all penalties, fines, damages, or costs associated with violations or failures to comply with the regulations. Contractor shall defend, indemnify, and hold harmless the City of Victorville, its elected and appointed officials, officers, agents, and employees from and against any and all claims, liabilities, costs, penalties, interest or other damages arising out of Contractor’s failure or alleged failure to comply with CARB regulations.
(END OF THIS PAGE)
14 Construction Agreement/Roof Replacement for Various Locations/Project CC25-014
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.
VICTORVILLE WATER DISTRICT RITE-WAY ROOF CORPORATION
By: By: __________________________________ Elizabeth Becerra, Jeff Hughes,
District Chairman President
Dated: Dated:
ATTEST
By:
Jennifer Thompson,
District Secretary
Dated:
APPROVED AS TO STANDARD FORM
By:
Sandra Bostick,
District Risk Manager
Dated:
By:
Andre de Bortnowsky,
District Legal Counsel
Dated:
15 Construction Agreement/Roof Replacement for Various Locations/Project CC25-014
EXHIBIT A
SCOPE OF WORK
The District agrees to engage Contractor and Contractor agrees to furnish all necessary labor, tools, materials, and equipment for and do the Work for the Project. The Work shall be performed; (i) as generally described in the Request for Bid, Project Number CC25 -014, and applicable Addenda, for the Project, the entirety of which is currently on file in office of the District Secretary); and (ii) the prices set forth in Contractor’s Bid Proposal (attached as Exhibit "B”).
16 Construction Agreement/Roof Replacement for Various Locations/Project CC25-014
EXHIBIT B
BID PROPOSAL FORMS
See Attachment
EXHIBIT B, BID PROPOSAL FORM, PROJECT CC25-014
17/Construction Agreement/Roof Replacement for Various Locations/Project CC25-014 EXHIBIT B, BID PROPOSAL FORM, PROJECT CC25-014
18/Construction Agreement/Roof Replacement for Various Locations/Project CC25-014 Attachment D
Roof Management Reports
WBATHBRWBLD-
MADE SIMl?LE
CITY OF VICTORVILLE
AVENAL TREATMENTPLANT
Prepared for:
Eddie Gleason
City of Victorville
[email protected]
(760) 955-5256
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Prepared by:
Kody Berry
Technical Manager
[email protected]
(909) 477-1842
Video/ More Information I Next Steps
Kody Berry
WEATHERWELD
2/19/2024 J 10 Photos
City of Victorville - Avenal Treatment Plant
Cover Page 1 / 6City of Victorville. Avenal Treatment Plant -City of Victorville -Avenal Treatment Plant 3 City of Victorville-Avenal Treatment Plant
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This aerial photo shows all sections of the building. The aerial map includes GPS dimensions of the buildings that are included in this report. The areas are outlined in red boxes. These dimensions are the area and size basis of
this report.
Measurements are from aerial survey and do not include
roof slope. This image is for internal use and not to be used for bidding purposes.
Project: City of Victorville, Avenal Treatment Plant
Date· 2/19/2024, 7:54am
Creator: Kody Berry
The roof was core tested to determine the components of the roofing system from the deck up.
The roof assembly for this building consists of a:
• Metal Deck
• ISO Insulation
• Built Up Roof
This core test hole was patched and is 100% watertight.
The core sample was retained for our internal testing.
Project. City of Victorville, Avenal Treatment Plant
Date: 2/12/2024, 1:05pm
Create,: Kody Berry
This type of roof consist of multiple layers of rolls that are made of waterproof with asphalt. Because this type
of roof relies on adhesive or asphalt waterproofing in be tween seams, it is difficult to keep this type of roof water tight as the roof system ages. On the roof of this type with the amount of penetrations, and considering the age of
the roof, a permanent solution is required in order to keep this building watertight in the long term.
Project· City of Victorville. Avenal Treatment Plant
Date: 2/12/2024, 1:01pm
Creator: Kody Berry
3/6
5 City of Victor ville, Avenal Treatment Plant
City o1 Victorville• Avenal T reatmcnt Plant
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There are several areas on this roof that have delamina tion of roofing material that have caused openings, allow ing water to enter the building. This is typically caused by building movement, expansion or contraction in the roof system, lack of attachment between roof system com
ponents, or material incompatibility. This can also occur in high wind areas if the roof material was incorrectly attached or adhered.
Project: City of Victorville. Avenal Treatment Plant
Dale: 2/12/2024, 1:02pm
Creator, Kody Berry
Covers, pans, or missing components from rooftop equip ment could be allowing water to enter the building. It is recommended to ensure all rooftop equipment is func
tioning properly, and all covers are sealed and water
proofed during regular maintenance.
If replacement is required, it is recommended that rooftop accessory or equipment installation is coordinated with the roofing contractor to be performed in sequence with roof system installation.
Project: City of Victorville, Avenal Treatment Plant
Date: 2/12/2024, 1:02pm
CreDtor: Kody Berry
Based on visual observation, it appears the skylights are deteriorating and could be contributing to water leaks
into the building. It is recommended to remove existing skylights and install new curb mounted skylights that are safety rated. These can be specified with the roofing pro ject, and the skylights will be the last item to install after the roof system is completed.
Project: City of Victorville. Avenal Treatment Plant
Dale: 2/12/2024, 1:13pm
C1 ca tor: Kody Berry
5/6
7 City of Victorville. Avenal Treatment Plant
CITY OF VICTORVILLE
EL EVADO TREATMENT PLANT
Prepared for:
Eddie Gleason
City of Victorville
[email protected]
(760) 955-5256
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Prepared by:
Kody Berry
Technical Manager
[email protected]
(909) 477-1842
Video/ More Information/ Next Steps
City o1 V1�torv11\e- El Evade> Tremrnent Plant
City of Victorville - El Evado Treatment
Plant
2/19/2024
City o1 Victorvil!e-EI rvndo lreatment Plant 2/6 City of V1ctorvill�. Balsam Treatment Plant City of Victorville-El Evado Treatment Plant
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This aerial photo shows all sections of the building. The aerial map includes GPS dimensions of the buildings that I
are included in this report. The areas are outlined in red boxes. These dimensions are the area and size basis of
this report.
Measurements are from aerial survey and do not include
roof slope. This image is for internal use and not to be used for bidding purposes.
Project: City of Victorville, El Evado Treatment Plant
Date: 2/19/2024. 8:28am
Creator: Kody Berry
The roof was core tested to determine the components of the roofing system from the deck up.
The roof assembly for this building consists of a:
• Metal Roof Deck
• ISO Insulation
• Single Ply Membrane
This core test hole was patched and is 100% watertight.
The core sample was retained for our internal testing.
Project: City of Victorville. Balsam Treatment Plant
Date: 2/12/2024, 1:44pm
Creator: Kody Berry
The omission or lack of a substrate board installed be tween the insulation and the single ply membrane is a
cause for concern.
Insulation boards are not designed to withstand traffic_ This puts unnecessary stress on roof membranes, such as a single ply. Most industry standards require a substrate board between insulation and single ply membranes.
This is a cause of premature failure of single ply mem branes.
Project: City of Victorville, Balsam Treatment Plant
Date: 2/12/2024, 1:44pm
Creator: Kody Berry
3/6 City of Victorville, Balsam Treatment Plant
City of Victorville-El Ev ado Treatment Plant
4 5
6 City of Victorville-El Evado l reatment Plant
2/19/2024
Single ply membranes installed on roofs consist of thin synthetic membranes that are typically between 30 and
80 mils thick.
For reference, these materials range in thickness be
tween a dime and a nickel.
Thin wide sheets of plastic material are fastened or ad hered to the roof deck at edges of the sheets then welded at the edges with a 500
°
hot air welder.
Typical problems with thin plastic synthetic membranes
consist of the following
• Uv deterioration of plastic membrane
Project: City of Victorville, El Evado Treatment Plant
Date· 2/12/2024, 2:08pm
Crestor: Kody Berry
Water drains from this roof through flush mount drains, which can often lead to leaks. These leaks happen be
cause the attachment of the roofing material solely de pends on the tightness of the drains compression ring and bolts. Over time, changes in temperature can cause the
roof material to separate from the drain, resulting in leaks.
WeatherWeld is designed to prevent these leaks by seal ing directly to the sides of the drain bowl, creating triple redundancy. Missing drain screens need replacement.
Project. City of Victorville, El Evado Treatment Plant
Date: 2/12/2024, 2:07pm
Creator: Kody Berry
Synthetic membranes often prematurely fail due to UV
exposure.
Typically, synthetic membranes require protection in the form of paint, or some type of coating in order to remain UV stable.
In the case of single ply membranes, deterioration of the field membrane due to UV exposure is one of the leading causes of premature failures of this type of membranes.
As the roof membrane reaches the end of their useful
life, deterioration of the synthetic membranes becomes
visible.
Project: City of Victorville. El Evado Treatment Plant
Date: 2/12/2024. 2:08pm
Creator: Kody Berry
4/6 City of Victurville, Balsam Treatment Plant
City of Victorville- El Evado Treatment Plant
7 8
9 City of Victorville-El Evado Treatment Plant
2/19/2024
Rooftop accessories for equipment that is directly placed on the roof membrane can cause premature failure. Sharp edges or concentrated loads can cause damage to the
roof membrane. It is recommended to install approved
rooftop supports with proper flashings or roof protection pads to protect the roof membrane from rooftop acces
sory damage.
Project: City of Victorville, El Evado Treatment Plant
Date: 2/12/2024, 2:07pm
Creator: Kody Berry
Equipment and pipes that are bolted to parapet walls are a potential source of roof leaks into the building. When- - ever possible, it is recommended to relocate wall-mount ed equipment onto the roof, using approved equipment
mounts. Where not possible, existing conduit and pipes
will be removed from the parapet wall during roof work, and re-mounted. Anytime equipment penetrates through
the roof membrane either on a wall or the field of the roof, this becomes an area that will require constant mainte nance. The goal is to minimize roof maintenance by in
stalling equipment on approved swpports.
Project: City of Victorville. El Evado Treatment Plant
Date: 2/12/2024, 2:07pm
Creator: Kody Berry
Perimeter flashings show signs of separation or delami nation at sheet metal joints. This could be caused by im proper fastening, flashing deterioration, wind, or adhe sive failures. This condition is a direct funnel of water into the building.
It is recommended that existing sheetmetal coping be re moved and replaced with new flashing during roof work.
Project: City of Victorville, El Evado Treatment Plant
Dale: 2/12/2024. 2:08pm
Creator: Kody Berry
5/6 City of Victorville, Balsam Treatment Plant
City of Victorville El Evndo Treatment Plant
10 11
J
City of VIctorville Fl Evado Treatment Plant
2/19/2024
Based on visual observation, it appears the skylights are deteriorating and could be contributing to water leaks
into the building. It is recommended to remove existing skylights, and install new curb mounted skylights that
are safety rated. These can be specified with the roofing project, and the skylights will be the last item to install after the roof system is completed.
Project: City of Victorville. El Evado Treatment Plant
Date· 2/12/2024, 2:08pm
Creator: Kody Berry
Rooftop penetrations such as pipes and vent/exhaust
fans are installed in the field of the roof. These types of penetrations are difficult to keep water-tight and require consistent use of repair materials as seen in this pho- to. Existing roof penetrations will be encapsulated with WeatherWeld during roof work, making a seamless tran
sition between the penetration and the field the roof. All rooftop penetrations will have sheet metal storm collars installed above flashings where applicable.
Project: City of Victorville. El Evado Treatment Plant
Dnte: 2/12/2024, 2:10pm
Crentoi: Kody Berry
6/6 City of Victorville. Bals8m Treatment Plant
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BALSAM TREATMENT PLANT
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Measurements are from aerial survey and do not include roof slope or parapet walls This image is for internal use and not to be used for bidding.
Prepared for:
Eddie Gleason
City of Victorville
[email protected]
(760) 955-5256
Scan QR Code
Prepared by:
Kody Berry
Technical Manager
[email protected]
(909) 4 77-1842
Video/ More Information / Next Steps
CITY OF VICTORVILLE
WATER DISTRICT
MODULAR A OFFICE & WAREHOUSE
Prepared For:
Eddie Gleason
[email protected]
Prepared By:
Michael Jones
Roof Management Report
CITY OF VICTORVILLE: WATER DISTRICT - MODULAR A OFFICE & WAREHOUSE
REPORT SUMMARY
TOTAL ESTIMATED BUDGET FOR PROJECT (+/- 15%)
$125,339.00
OWNER: City of Victorville
ADDRESS:
14343 Civic Drive
Victorville, CA 92392
CONTACT: Cornell Williams
PHONE: 951-492-8766
PROJECT: City of Victorville Water District
ADDRESS:
13575 Hesperia Road
Victorville, CA
BUILDING: Modular A Office
SQ. FT.: 3,002 Square Feet
ROOF TYPE: Standing Seam Roof
WW SPEC: NCN-1B-16-30-A
BUDGET (+/- 15%): $60,040.00
DOES THIS ROOF NEED
TO BE REPLACED?
Yes
BUILDING: Warehouse Building
SQ. FT.: 5,023 Square Feet
ROOF TYPE: Corrugated Metal Roof
WW SPEC: R-16-30-M-A
BUDGET (+/- 15%): $65,299.00
DOES THIS ROOF NEED
TO BE REPLACED?
No
3 CITY OF VICTORVILLE: WATER DISTRICT - MODULAR A OFFICE & WAREHOUSE
BUILDING SUMMARY
BUILDING INFOMATION
BUDGET/SCOPE OF WORK
OWNER: City of Victorville
ADDRESS: 14343 Civic Center Drive, Victorville CA
CONTACT: Eddie Gleason
PHONE: (760) 955-5256
ROOFTOP INSPECTION
INSPECTION DATE: 02/17/2022 CORE SAMPLE: No
INSPECTION TYPE: Visual DECK CONDITION: Fair
ROOF LEAK DATA: Yes SOURCE: Owner
PROJECT: Water District
BUILDING: Modular A Office
ADDRESS:
13575 Hesperia Road
Victorville, CA
AGE SQ. FT. ACCESS SLOPE HEIGHT
15+ 3,002 Ladder ¼”-12” 13
ROOF SYSTEM TYPE LAYERS ATTACHMENT THICKNESS
DECK: Plywood 1 Mechanical ¼”
INSULATION: N/A - - -
EXISTING:
Standing
Seam
Mechanical -
EXISTING ROOF TYPE / RATING
DECK: Fair
FIELD – EXISTING ROOF: Poor
FIELD SEAMS – EXISTING ROOF: Poor
PERIMETER – EXISTING ROOF: Fair
PENETRATIONS – EXISTING
ROOF:
Poor
WALLS – EXISTING: N/A
GUTTERS: N/A
SKYLIGHTS: N/A
COUNTER FLASHINGS: N/A
DEBRIS ON ROOF: No
PONDING WATER: No
OTHER N/A
DETAILS
PERIMETER: Edge Metal
FLASHING: N/A
DRAINAGE: Edge
ROOFTOP EQUIPMENT/ACCESSORIES
TYPE QTY.
MECHANICAL EQUIPMENT: N/A -
PENETRATIONS: Pipe and Vent Few
PERIMETER GUTTER: N/A -
APPROXIMATE TOTAL(+/-15%) WEATHERWELD ROOF SYSTEM WARRANTY LENGTH $60,040.00 NCN-1B-16-30-A 40 Years
4 CITY OF VICTORVILLE: WATER DISTRICT - MODULAR A OFFICE & WAREHOUSE
INSPECTION PHOTOS
Modular A at the Water District for City of Victorville consists of portable buildings that have been joined together under one roof.
The building has a plywood roof deck and a standing seam metal roof and is about 3,000 square feet.
5 CITY OF VICTORVILLE: WATER DISTRICT - MODULAR A OFFICE & WAREHOUSE
INSPECTION PHOTOS
Standing seam metal consists of sheet metal panels with seams that are crimped and sealed every 12- 15 inches. Sheet metal panels are attached to the substrate using sheet metal screws with rubber washers. The panels on this building are thin gauge sheet metal and should be removed down to the plywood deck in order to start over with this roof and install a strong seamless roof
There is a cap on the joint where the buildings are joined which is a source of leaks. The picture above shows repairs made with temporary mastic, which is not solving the problem.
6 CITY OF VICTORVILLE: WATER DISTRICT - MODULAR A OFFICE & WAREHOUSE
INSPECTION PHOTOS
The building drains to the edge and has a few vent penetrations which also have been repaired with temporary mastic. Penetration flashing will be encapsulated during roof work.
7 CITY OF VICTORVILLE: WATER DISTRICT - MODULAR A OFFICE & WAREHOUSE
BUILDING SUMMARY
BUILDING INFOMATION
OWNER: City of Victorville
ADDRESS: 14343 Civic Center Drive, Victorville CA
CONTACT: Eddie Gleason
PHONE: (760) 955-5256
ROOFTOP INSPECTION
INSPECTION DATE: 02/17/2022 CORE SAMPLE: No
INSPECTION TYPE: Visual DECK CONDITION: Fair
ROOF LEAK DATA: Yes SOURCE: Owner
PROJECT: Water District
BUILDING: Warehouse
ADDRESS:
13575 Hesperia Road
Victorville, CA
EXISTING ROOF TYPE / RATING
DECK: Fair
FIELD – EXISTING ROOF: Poor
FIELD SEAMS – EXISTING ROOF: Poor
PERIMETER – EXISTING ROOF: Fair
PENETRATIONS – EXISTING
ROOF:
Poor
WALLS – EXISTING: N/A
GUTTERS: Fair
SKYLIGHTS: N/A
COUNTER FLASHINGS: N/A
DEBRIS ON ROOF: No
PONDING WATER: No
OTHER N/A
AGE SQ. FT. ACCESS SLOPE HEIGHT
15+ 5,023 Ladder ¼”-12” 13
ROOF SYSTEM TYPE LAYERS ATTACHMENT THICKNESS
DECK: Metal 1 Mechanical ¼”
INSULATION: N/A - - -
EXISTING:
Corrugated
Metal
Mechanical -
DETAILS
PERIMETER: Edge Metal
FLASHING: N/A
DRAINAGE: Edge
ROOFTOP EQUIPMENT/ACCESSORIES
TYPE QTY.
MECHANICAL EQUIPMENT: HVAC 1
PENETRATIONS: Pipe and Vent Few
PERIMETER GUTTER: N/A -
APPROXIMATE TOTAL (+/-15%) WEATHERWELD ROOF SYSTEM WARRANTY LENGTH $65,299.00 R-16-30-M-A 40 Years
8 CITY OF VICTORVILLE: WATER DISTRICT - MODULAR A OFFICE & WAREHOUSE
INSPECTION PHOTOS
The warehouse building at the Water District for City of Victorville is a corrugated metal building with a corrugated metal roof.
The building is about 5,000 square feet.
9 CITY OF VICTORVILLE: WATER DISTRICT - MODULAR A OFFICE & WAREHOUSE
INSPECTION PHOTOS
Metal panels are attached to the substrate using sheet metal screws with rubber washers. There are 3 places where metal leaks: fasteners, seams, and terminations.
The rubber seals on fasteners wear out quickly due to expansion and contraction and panel movement.
10 CITY OF VICTORVILLE: WATER DISTRICT - MODULAR A OFFICE & WAREHOUSE
INSPECTION PHOTOS
The building has a few vent penetrations which have been repaired with temporary mastic. Encapsulating these penetration flashings will create a roof that is one seamless piece and prevent leaks.
The HVAC unit is sleeper mounted and external ducts that lead into the building. This unit is going to be removed during roof work.
11 CITY OF VICTORVILLE: WATER DISTRICT - MODULAR A OFFICE & WAREHOUSE
INSPECTION PHOTOS
The building drains to gutters that appear to be in fair condition.
12