Item 4 - Award of Agmt. with Urban Corps of San Diego for As-Needed General Maint. Services, RFP 21-016January 19, 2021, Item #4DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway CITY COUNCIL January 19, 2021 Honorable Mayor and Members of the City Council Eric Heidemann, Director of Public Works ti,~ Will Wiley, Assistant Director of Public Works for Maintenance Operation.A/ (858) 668-4705 or wwiley@poway.org ']Jr Award of Agreement with Urban Corps of San Diego County for As-Needed General Maintenance Services, RFP No. 21-016 A notice inviting Request for Proposals (RFP) for As-Needed General Maintenance Services was duly advertised on November 12 and November 20, 2020. One proposal was received and opened on December 8, 2020. Urban Corps of San Diego County (Urban Corps) was found to be responsive to the criteria of the proposal. The term of the agreement is two (2) years beginning on February 1, 2021, through January 31, 2023, and may be extended for up to three (3) separate one-year term extensions. Recommended Action: It is recommended that the City Council award the Agreement for As-Needed General Maintenance Services, RFP No. 21-016, to the Urban Corps of San Diego County, and authorize the City Manager to execute the necessary documents. Discussion: The Public Works Facilities Maintenance Division services 25 various facilities, park restrooms and over 15 types of ancillary buildings totaling approximately 300,000 square feet citywide. Over 700 facility maintenance service requests are processed annually by City of Poway (City) facility maintenance staff. On occasion, service requests require additional support or technical expertise that staff does not have. The Public Works Department is seeking to fill this void with an agreement to provide as-needed general maintenance services. On November 12, the City advertised an RFP for general maintenance services in support of the Facilities Maintenance Division. The services authorized in the RFP include electrical, painting, dry wall repair, carpentry, masonry and general building maintenance services. The RFP was advertised on the City's website, online bid portal and in the local newspaper. In addition, staff contacted several general contractors regarding the bid opportunity. On December 8, 2020, the City received one proposal from Urban Corps. The indeterminate nature of the RFP's scope of work and the resulting 1 of 25
January 19, 2021, Item #4agreement's low dollar amount may be factors in why additional contractors did not submit proposals. Staff reviewed the proposal from Urban Corps and determined they met the qualifications to perform the work based on responsiveness to the RFP instructions and documents, qualifications, experience, and competitive pricing. Urban Corps is a B licensed General Building Contractor whose services cover a wide variety of trades. Urban Corps previously completed two maintenance projects for the City in Fiscal Years 2017-18 and 2018-2019. Additionally, Urban Corps has a long, successful history of working with city and state agencies on various projects, such as the cities of Chula Vista, Coronado, Escondido and San Diego. Additionally, Urban Corps is exempt from state prevailing wage and is Department of Industrial Relations exempt, which allows Urban Corps to provide competitive pricing and relieves staff of tracking payroll reports and filings. The agreement for As-Needed General Maintenance is essential to continue to provide the level of services anticipated by City staff, residents and customers that utilize City facilities. The services authorized by the agreement are for emergency repairs, call-outs, and services on an as-needed basis only to supplement the efforts of City staff and will allow the City to address outstanding requests, as well as prepares the City should COVID-19 impact the staffing levels in the future. The agreement's total not to exceed amount will be $75,000 for As-needed General Maintenance Services. The length of the Agreement is for two years beginning February 1, 2021, through January 31, 2023, with an option to extend the agreement for three (3) separate one-year terms. Extensions are subject to City Council appropriation of funds and mutual agreement by both parties. The maximum length of the agreement would be up to five (5) years. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: Funds are available in the Facilities Maintenance Division's Fiscal Year 2020-21 budget (415010-41200 and 415010-43040) for As-Needed General Maintenance Repair Services. Public Notification: None. Attachments: A. Agreement with Urban Corps of San Diego County Reviewed/ Approved By: Wendy Kaserman Assistant City Manager 2 of25 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager
January 19, 2021, Item #4City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 1st day of February, 2021, by and between the CITY OF POWAY (hereinafter referred to as "City") and Urban Corps of San Diego County (hereinafter referred to as "Contractor"). RECITALS WHEREAS, City desires to obtain the services of a private Contractor to perform as-needed general maintenance services in support of the Public Works Department; WHEREAS, Contractor is qualified to complete various projects and tasks as may arise through the issuance of task or work order and has represented that Contractor possesses the necessary qualifications to provide such services; WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Contractor as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice. 3 of 25 ATTACHMENT A
January 19, 2021, Item #45. Confidential Relationship. City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Contractor shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Contractor shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand. 9. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 4 of25 2
January 19, 2021, Item #4"Contractor" means an individual who, pursuant to a contract with a state or local agency: (A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (8) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. DISCLOSURE DETERMINATION: [8] 1. Contractor/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Contractor/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Department Director 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) 5 of 25 3
January 19, 2021, Item #4years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services. 13. Licenses, Permits, Etc. Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession. 14. Contractor's Insurance. Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees. (b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to I ndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence. 6 of 25 4
January 19, 2021, Item #4( c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Contractor shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor's obligations under this Agreement, including but not limited to Contractor's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor's performance its obligations under this Agreement, including but not limited to Contractor's Scope of Services. 17. Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Contractor shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect. 7 of25 5
January 19, 2021, Item #4Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Governing Law. Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Contractor hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Contractor and City relating to the terms and conditions of the services to be performed by Contractor. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (Cal PERS) and shall not become members of CalPERS while providing services to City. 8 of25 6
January 19, 2021, Item #4Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank) 9 of25 7
January 19, 2021, Item #4IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By:-----------Chris Hazeltine, City Manager Date: __________ _ ATTEST: Vaida Pavolas, CMC, City Clerk APPROVED AS TO FORM: Alan Fenstermacher, City Attorney 10 of 25 Urban Corps of San Diego County 8 By:------------Kyle Kennedy, CEO Date: ___________ _
January 19, 2021, Item #4A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Contractor agrees to perform general maintenance services as required by City, further described in the Scope of Services submitted with the proposals dated September 8, 2020, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Contractor shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Contractor a fee in accordance with the Fee Proposals submitted with the proposals dated December 8, 2020, which are included in this document as Attachment 2. Total fee is not to exceed $75,000. Contractor's fee shall include, and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee, Contractor shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Contractor shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Contractor shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall be effective from the period commencing February 1, 2021 and ending January 31, 2023, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three (3) additional one-year periods upon approval in writing of the City Manager and Contractor. Award of the Contract and any Contract extensions are subject to City Council appropriation of funds. Each renewal period (fiscal), the Contractor's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less. The first adjustment would occur no earlier than January 31, 2023. Upon expiration or termination of this Agreement, Contractor shall return to City any and all equipment, documents or materials and all copies made thereof which Contractor received from City or produced for City for the purposes of this Agreement. D. Contractor's Insurance. 1. Coverages: Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages: 11 of 25 9
January 19, 2021, Item #4(a) Comprehensive General Liability. including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. (c) Contractor shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: 12 of 25 10 City of Poway P.O. Box 789 Poway, CA 92074
January 19, 2021, Item #413 of 25 To Contractor: Urban Corps of San Diego County P.O. Box 80156 San Diego, CA 92138 (Remainder of page intentionally left blank) 11
January 19, 2021, Item #4Attachment 1 Scope of Services CONTRACTOR RESPONSIBILITIES Contractor agrees to perform general maintenance as required by City. Contractor shall provide the necessary qualified personnel to perform the services described below. 1. Duties of Contractor: During the term of this Agreement, the selected Contractor shall perform all work as described in the technical specifications and the following: a. Ensure that all Contractor employees are properly trained prior to start of Contract and each year thereafter, at such time as new hazards are introduced on the job, or when new employees are added to the roster. b. Conform to all applicable Cal-OSHA, DOT, and EPA regulations, including Cal-OSHA's Hazard Communications Standard. c. Conform to all other applicable Federal, State, and Local regulations. 2. Contractor Personnel: The Contractor's staff, including sub-contractors, shall wear professional attire that clearly identifies the company they work for. Clothing and other accessories (hat, mask, etc) shall be work-place appropriate. The City of Poway shall, throughout the life of the Contract, have the right of reasonable rejection and approval of staff or subcontractors assigned to the work by the selected Contractor. If the City of Poway reasonably rejects staff or subcontractors, the selected Contractor must provide replacement staff or subcontractors satisfactory to the City of Poway. The day-to-day supervision and control of the selected Contractor's employees and subcontractors is the sole responsibility of the selected Contractor. Further, the Contractor shall be responsible for running background checks of their employees through the DOJ at their own costs and maintaining their staff's list of who has received a background check. 3. Company Representative I Local Office: The selected Contractor shall maintain a local office within the County of San Diego. The selected Contractor shall have a competent representative available during working hours that can make authoritative decisions and to discuss matters pertaining to the Contract. At all times during the term of this Contract, the Contractor shall provide the City with a twenty-four (24) hour/day, seven (7) days/week emergency phone number. An answering service is not acceptable, except when forwarding oral complaints (which shall be followed by written notice). Within two (2) hours after an emergency call is made requesting the Contractor to perform emergency services, the Contractor shall have a competent representative on site to commence the required service. A valid/active e-mail address that is monitored twenty-four (24) hours per day, seven (7) days per week shall be required to receive written notices and authorizations for emergency services. 14 of 25 12
January 19, 2021, Item #44. Invoices: The selected Contractor shall maintain written records of personnel and their work assignments. These shall include hours worked (time in/time out), facility assignment(s), and any work-related accidents, etc. Where the Contractor is required to pay prevailing wages, certified payrolls for each employee shall be maintained by the Contractor as required by Labor Code section 1776. These records shall be made available to the City upon request and must be maintained for not less than ten (1 O} years. Each assignment will be invoiced separately. Payment may be withheld until all adequate documentation is provided. 5. Productive Man-hours: The determination of the total daily productive man-hour requirements for the performance of all services herein is the sole responsibility of the Contractor. It is of the utmost importance that the Contractor utilizes skilled and productive manpower in order to satisfactorily furnish the required level of service specified in this solicitation. Failure on the part of the Contractor to utilize skilled and productive manpower may produce unsatisfactory results, which may cause the Director of Public Works to make adjustments to the Contractor's monthly invoice(s) for unsatisfactory or omitted work. 6. Quality Control: The selected Contractor shall institute and maintain throughout the Contract period a properly documented quality control program designed to ensure that the services are provided at all times and in all respects in accordance with the Contract. The program shall include providing daily supervision and conducting frequent inspections of the Contractor's staff and ensuring that accurate records are maintained describing the disposition of all complaints. The records so created shall be open to inspection by the City of Poway and made available upon request. 7. Quantity and Quality of Materials or Services: All goods or services furnished must meet the specifications prescribed by the City. Materials shall be delivered on site in original unopened containers. Materials are subject to inspection. Materials, which do not meet specifications or equal the quality of the sample provided when applicable, shall be rejected. [Remainder of Page Left Blank Intentionally] 15 of 25 13
January 19, 2021, Item #4TECHNICAL SPECIFICATIONS 1. Technical Specifications: a. Work described shall be performed Monday through Thursday between the hours of 7:00 a.m. to 3:30 p.m., and 7:00 a.m. to 3:30 p.m. on alternating Fridays, excluding holidays. There shall be no work on the alternating Friday on which City Hall is closed. Deviation from these hours will not be permitted without the prior consent of the Director or designee. b. The determination of the total daily productive man-hour requirements for the performance of all services herein is the sole responsibility of the successful Contractor. It is of the utmost importance that the Contractor utilizes skilled and productive manpower in order to satisfactorily furnish the required level of service specified in this solicitation. Failure on the part of the Contractor to utilize skilled and productive manpower may produce unsatisfactory results, which may result in the Director of Public Works to make adjustments to the Contractor's invoice(s) for unsatisfactory or omitted work, or to request that the work be re-done to industry standards at the Contractor's expense. c. The Contractor shall comply with applicable OSHA and Federal regulations under CFR 29; Section 1910.12 for proper training and by providing Material Safety Data Sheets proposed for use within ten (10) days of award of contract. 2. Personnel: Contractor will perform all work in a timely and workmanlike manner, using only qualified technicians with a minimum of 5 years of experience with equipment in the contract, and will adhere to all code standards of the City of Poway, EPA and any other state and federal requirements. 3. Scope of Work Details: The table on the following pages provides a list of the facilities that will be covered by the agreement. As an "as-needed" contract, the Contractor shall only perform such work under assignment from the City from time-to-time, each assignment being a distinct and separate project. Facilities may be added or deleted during the course of the contract. As-needed maintenance services for these facilities will include (but are not limited to) such services as: a. Electrical and Lighting: low voltage repairs and services b. Painting and patching repairs, vandalism, graffiti, etc. c. Installation, disassembly or assembly of furniture and related components d. General clean-up, maintenance and preventative maintenance of common areas as needed. e. Rough Carpentry, Finish Carpentry f. Dry Wall g. Roofing: Shingle, Built up (hot and cold), single ply (TPO, PVC, TPA) h. Glazing: wood, metal, vinyl, and store front framing i. Pressure washing and degreasing j. Lock and Security Equipment 16 of 25 14
January 19, 2021, Item #4k. Masonry I. Signage: street information signage, building signage m. Welding n. Specialty equipment and fixtures o. Insulation and acoustical City of Poway Facilities List Facility Address City Hall 13325 Civic Center Drive Council Chambers 13325 Civic Center Drive Public Services Administration 14467 Lake Poway Road Building Crew Lounge / Warehouse 14445 Lake Poway Road Vehicle Maintenance 14415 Lake Poway Road Vehicle StoraQe 14445 Lake Poway Road Camelback Pump Station 14445 Lake Poway Road TreatmenUAmmonia Building 14521 Lake Poway Road Lake Poway Administration Building 14644 Lake Poway Road Lake Poway -Concession Stand 14644 Lake Poway Road Lake Poway -FFA Buildings 14644 Lake Poway Road Lake Poway -Boat Dock 14644 Lake Poway Road Lake Poway -Pavilion 14644 Lake Poway Road Lake Poway -Entrance Booth 14644 Lake Poway Road Lake Poway -Crew Facility 14644 Lake Poway Road Lake Poway -Lower Ball Field Restrooms 14644 Lake Poway Road Lake Poway -Middle Restrooms 14644 Lake Poway Road Lake Poway -Upper Restrooms 14644 Lake Poway Road Community Park -Pool Entrance 13094 Civic Center Drive Building Community Park -Pool Filter Housing 13094 Civic Center Drive Community Park -Concession Stand 13094 Civic Center Drive Community Park -Auditorium 13094 Civic Center Drive Community Park -Recreation Office 13094 Civic Center Drive Community Park -Senior Center 13094 Civic Center Drive Community Park Ball Field Restrooms 13094 Civic Center Drive Community Park -Crew Shed 13094 Civic Center Drive 17 of 25 15 Sq. Feet 50400 5900 5700 7467 5628 5200 500 1500 1100 1850 3700 1510 100 600 1056 560 560 3249 1847 400 6000 550 15,013 501 400
January 19, 2021, Item #4Old Poway Park Museum 14134 Midland Road 2135 Train Barn 14134 Midland Road 2695 Templars Hall 14134 Midland Road 1620 Porter House 14134 Midland Road 2180 Nelson House 14134 Midland Road 1300 Hamburger Factory 14134 Midland Road 3420 Old Poway Park Museum 200 Restrooms 14134 Midland Road Train Depot 14134 Midland Road 3000 Treatment Plant -3400 Operations/Office 14521 Lake Poway Road Chlorine/Chemical Feed 14521 Lake Poway Road 5000 Filter Control Building 14521 Lake Poway Road 500 Material Handling Yard, 12325 Crosthwaite Circle 932 Hazardous Waste Records/Lounge Trailer 12325 Crosthwaite Circle 500 Meadowbrook Gymnasium 12320 Meadowbrook Lane 12400 Twin Peaks Gymnasium 14640 Tierra Bonita Road 11151 Arbolitos Sports Park Restrooms 14501 Arbolitos Drive 800 Garden Road Park Restrooms 14901 Garden Road 840 Hilleary Park Restrooms 13500 Community Road 840 Silverset Park Restrooms 14 795 Silverset Street 840 Starridge Park Restrooms 137 45 Carriage Road 840 Valle Verde Park Restrooms 16899 St. Andrews Drive 840 Sports Park -Ball Fields, Snack 12349 Mclvers Court 2450 Bar/Restaurant Sports Park -Equipment/Storage 12349 Mclvers Court 1400 Fire Station No. 1 13050 Community Road 18,198 Fire Station No. 2 16914 Westling Court 4863 Fire Station 3 14322 Pomerado Road 14056 City of Poway Library 13137 Poway Road 24,400 Performing Arts Center 15498 Espola Road 57,040 Sheriff's Station 13100 Bowron Road 15000 Kumeyaay-lpai Interpretive 1400 Center 13104 Silver Lake Drive Aubrey Park Concession 13544 Aubrey Street 700 18 of 25 16
January 19, 2021, Item #4I iron Mountain Restroom 1200 4. Materials Mark-up: Contractor may charge a mark-up of 10% for materials purchased in completion of approved work, however an invoice showing the amount charged to the Contractor must accompany all invoices submitted by Contractor to City for remittance. 5. Method of Performing Work: a. Methods of Operation: The Contractor shall be responsible for the safety, adequacy, and efficiency of the Contractor's personnel, equipment and methods. The approval of the City of any plan or method of work proposed by Contractor shall not relieve the Contractor of any responsibility thereof, and such approval shall not be considered an assumption by the City of any kind of liability, and the Contractor shall have no claim under this contract on account of failure or inefficiency of any plan or method so approved. Such approval shall be considered and shall mean the City has no objection to the Contractor's use or adoption at the Contractor's own risk and responsibility, of the plan or method so proposed by the Contractor. b. Scheduling of Operations: Contractor shall perform this work at such time as to minimize disturbance or interference to residents, and pedestrian or vehicle circulation. Working hours shall be 7:00 a.m. to 3:30 p.m., Monday through Thursday, and 7:00 a.m. to 3:30 p.m. on alternating Fridays, excluding holidays. There shall be no work on the alternating Friday on which City Hall is closed. Deviation from these hours will not be permitted without the prior consent of the Director or designee. c. Holiday Operations: There shall be no work on weekends or holidays on which City Hall is closed. Deviation from these hours will not be permitted without the prior consent of the Director, except for emergencies involving immediate hazard to persons or property. d. Reports and Schedules: Contractor may be requested by the City to submit reports and schedules as necessary. Reports shall be submitted electronically within 24 hours of work performed. Such reports may include, but not be limited to, the following: 1) Schedule of identified and prioritized recommended repairs, with estimated labor hours and material costs. 2) Invoices for materials and parts purchased. e. Safety: All work performed under this Contract shall be performed in such manner as to provide maximum safety to the public and comply with all safety standards required by Cal-OSHA. The City reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract. 6. Cooperation and Coordination with other Contractors: The Contractor shall cooperate with all other contractors who may be performing work on behalf of the City and workers who may be employed by the City on any work in the vicinity of the work to be done under this contract. The Contractor's operation shall interfere to the least possible extent with the work of such contractors or workers. Any difference or conflict that may arise between the Contactor and other contractors, or between the Contractor and City workers, with respect to execution of their work, shall be adjusted and determined by the City. 19 of 25 17
January 19, 2021, Item #4If the work of the Contractor is delayed because of any acts or omissions of any other contractor or contractors, the Contractor shall have no claim against the City on that account other than for an extension of time. 7. Hazardous Conditions: Contractor shall maintain all work sites free of hazards to persons and/or property resulting from his/her operation. Any hazardous conditions noted by the Contractor that is or is not a result of his/her operation shall immediately be reported to the City of Poway Public Works Department at (858) 668-4700 and Will Wiley, Public Works Assistant Director at (858) 668-4705. 8. Sound Control: Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to this contract. Operations that generate excess noise, i.e., running any type of power equipment, would not be allowed before 8:00 a.m. so as not to disturb the residents of the area. Any internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a type of muffler recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler and spark arrestor. 9. Unfavorable Maintenance Conditions: During inclement weather, or other unsuitable maintenance conditions, the Contractor shall confine operations to work that will not be adversely affected. No portion of the work shall be done under conditions that would adversely affect the quality or the efficiency of the work, unless by special means or precaution approved by the City, allowing the Contractor the ability to perform the work in a proper and satisfactory manner. 10. Protection of Existing Facilities and Structures: Contractor shall exercise due care in protecting from damage all existing facilities, structures and utilities both above surface and underground on the City's property. Any damage to City or private property deemed to be caused by the Contractor's neglect, shall be corrected or paid for by the Contractor at no cost to the City. This will include loss of plant material. If the City requests or directs the Contractor to perform work in a given area it will be the Contractor's responsibility to contact the various utility companies to verify and locate any underground systems or utility lines. Contractor shall take responsibility for exercising caution when working in these areas. If the Contractor damages utilities, he will be responsible for making the necessary repairs at his own expense. Contractor will notify the City within two (2) hours of any damage that occurs. The City contact is Will Wiley, Public Works Assistant Director at (858) 668-4 705. 11. Repairs: All damages or alterations to City property resulting from the performance of work under these specifications during the term of contract shall be repaired or replaced immediately and in kind, to the satisfaction of the Director of Public Works and at no cost to the City. Repairs or replacements not completed to the satisfaction of the Director shall be deducted from the contract payment to cover costs 12. Litter Control: All debris generated by Contractor in the performance of work required in these specifications shall be removed from the site and properly disposed of by Contractor. Should Contractor not be able to self-haul, Contractor must contact the City's exclusive franchise hauler (presently EDCO Waste and Recycling Services) for services. The Contractor shall not enter into a contract with any hauler other than the City's franchise hauler. 20 of 25 18
January 19, 2021, Item #4Hazardous materials (e.g., chemicals, oils, other fuels,) used in the performance of work required in these specifications shall not be placed in any gutter or storm drain system, but must be collected and disposed of according to Federal or State laws, and/or County or City of Poway ordinances. 13. Proiect Inspections: The City will periodically inspect each project location for compliance with these specifications. 14. Warranty: All work performed under this contract will carry a minimum thirty-day warranty on labor and the manufacturer's warranty on material. [Remainder of Page Left Blank Intentionally] 21 of 25 19
January 19, 2021, Item #4Attachment 2 FEE PROPOSAL TABLE Labor Type Rate per Hour Equipment Fee (if any) Electrical and Lighting: low $42.00 NIA voltage repairs and services Forty-two. Painting and Patching Repairs, $42.00 N/A Drywall, vandalism, graffiti Forty-two. Installation, disassembly or $42.00 N/A assembly of furniture and related Forty-two. components General clean-up, maintenance $35.00 NIA and preventative maintenance of Thirty-five. common areas as needed. $42.00 NIA Rough carpentry Forty-two. $42.00 N/A Finish Carpentry Forty-two. Roofing repairs: Shingle, Built up $42.00 NIA (hot and cold), single ply (TPO, PVC, TPA) Forty-two. Glazing: wood, metal, vinyl, and $42.00 NIA store front framing Forty-two. Pressure washing and $42.00 N/A degreasing Forty-two. Lock and Security Equipment $42.00 NIA Forty-two. Masonry $42.00 NIA Forty-two. Signage: street information $42.00 $400.00 signage, building signage Forty-two. Four hundred. Welding $42.00 NIA Forty-two. $42.00 NIA Specialty equipment and fixtures Forty-two. $42.00 NIA Insulation and acoustical Forty-two. 22 of 25 20
January 19, 2021, Item #4EXHIBIT "B" Cal Gov Code§ 7522.56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section. (c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration. ( d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e) 23 of 25 (!)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with 21
January 19, 2021, Item #4Cal Gov Code § 7522.56 a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: 24 of 25 (l)The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2) (A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the Cali~ornia State University that existed prior to January 1, 2013, or has been included in subsequent agreements. ( 4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. 22
January 19, 2021, Item #4Cal Gov Code § 7522.56 (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 of the Education Code. (i)This section shall not apply to ( 1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to serve in a court pursuant to Section 68543.5. History Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13). effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476). effective January 1, 2015. Annotations Notes Amendments: Not~ Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)( 4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 25 of 25 23