Item 5 - Award of Agreement to Fire Service Corp. for Fire Suppression Equipment Services, RFP No. 22-004October 5, 2021 Item # 5DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PQ RT City of Poway October 5, 2021 Honorable Mayor and Members of the City Co*cil Eric Heidemann, Director of Public Works 1 CITY COUNCIL Will Wiley, Assistant Director of Public Works for Maintenance Operations£,. (858) 668-4705 or wwiley@poway.org ·7 Award of Agreement to Fire Service Corp. for Fire Suppression Equipment Services, RFP No. 22-004 A Request for Proposals (RFP) for Fire Suppression Equipment Services was duly advertised on August 12, 2021, and August 19, 2021. One proposal was received and opened on August 25, 2021. Fire Service Corp. was found to be responsive to the criteria in the proposal. The first term of the agreement is two (2) years beginning retroactively to October 1, 2021, through September 30, 2023 and may be extended for up to three (3) one-year terms. Recommended Action: It is recommended that the City Council award the Agreement for Fire Suppression Equipment Services, RFP No. 22-004, to Fire Service Corp., and authorize the City Manager to execute the necessary documents. Discussion: The City of Poway (City) sought proposals for fire extinguisher and fire sprinkler system inspection, maintenance and repairs, which also includes the annual inspection of fire extinguishers, and the certification of the system annually and every five years. Other examples of proposal items include as-needed dry chemical testing, dry chemical replacement, and kitchen hood testing and inspection. On July 1, 2021 and July 8, 2021, the City advertised an RFP for fire suppression equipment services in support of the Public Works Department. The RFP was advertised on the City's website, in the local newspaper and posted to eBidboard (the City's eProcurement system). Due to the limited response to the advertisements, an RFP was advertised again on August 12, 2021 and August 19, 2021. In addition, staff contacted four contractors regarding the bid opportunity. On August 25, 2021, the City received one proposal from Fire Service Corp. 1 of 30
October 5, 2021 Item # 5Staff reviewed the proposal from Fire Service Corp. and determined that they met the evaluation criteria for the proposals including qualifications and experience of assigned staff, references and pricing. Further, Fire Service Corp. has a history of providing reliable service to the City. The agreement's total not to exceed amount will be $105,000. The term of the agreement will retroactively be from October 1, 2021, through September 30, 2023, and may be extended for up to three (3) one-year terms. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: Sufficient funds are available in the: Facilities Maintenance (415010-41200); Library (206020-43040); and Performing Arts Center (204020-43040) Fiscal Year 2021-22 budgets for Fire Suppression Equipment Services. Public Notification: None. Attachments: A. Agreement with Fire Service Corp. Reviewed/ Approved By: Assistant City Manager 2 of30 Reviewed By: Alan Fenstermacher City Attorney App roved By: Ch~ City Manager
October 5, 2021 Item # 5City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 1st day of October, 2021, by and between the CITY OF POWAY (hereinafter referred to as "City") and Fire Service Corp. (hereinafter referred to as "Contractor"). RECITALS WHEREAS, City desires to obtain the services of a private Contractor to perform fire suppression equipment inspection, maintenance, and repair services in support of the Public Works Department; WHEREAS, Contractor has represented that Contractor possesses the necessary qualifications to provide such services; WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Contractor as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in 3 of30 ATTACHMENT A
October 5, 2021 Item # 5connection 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. 5. Confidential Relationship. City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this 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. 4of 30 2
October 5, 2021 Item # 59. 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. "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; 5. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. 5 of 30 3
October 5, 2021 Item # 5DISCLOSURE DETERMINATION: [8] 1. Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Department Director 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services. 13. Licenses, Permits, Etc. Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession. 6 of30 4
October 5, 2021 Item # 514. Contractor's Insurance. Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees. (b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence. (c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts. 7 of30 5
October 5, 2021 Item # 5(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 indemnitee 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 indemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor's performance its obligations under this Agreement, including but not limited to Contractor's Scope of Services. 17. Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Contractor shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect. Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect. 8 of30 6
October 5, 2021 Item # 519. 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. 9 of30 7
October 5, 2021 Item # 524. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City. Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank) 10 of 30 8
October 5, 2021 Item # 5IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By: _________ _ Chris Hazeltine, City Manager Date: -----------ATTEST: Carrie Gallagher, City Clerk APPROVED AS TO FORM: Fire Service Corp. By:------------Mark Costantino, General Manager Date: ------------By:-------------Alan Fenstermacher, City Attorney 11 of 30 9
October 5, 2021 Item # 5"SPECIAL PRO VISIONS" EXHIBIT "A" A. Scope of Services. Contractor agrees to perform fire suppression equipment inspection, maintenance, and repair services as required by City, further described in the Agreement which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Contractor shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Contractor a fee in accordance with the Fee Proposals submitted in writing on August 25, 2021, which is included in this document as Attachment 2. Contractor's fee shall include, and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee, Contractor shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Contractor shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Contractor shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall be effective from the period commencing October 1, 2021 and ending September 30, 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 October 1, 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. 12 of 30 10
October 5, 2021 Item # 5D. Contractor's Insurance. 1. Coverages: Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. (c) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "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. 13 of 30 11
October 5, 2021 Item # 5E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: 14 of 30 To City: To Contractor: City of Poway P.O. Box 789 Poway, CA 92074 Fire Service Corp. P.O. Box 25671 Laguna Niguel, CA 92653 (Remainder of page intentionally left blank) 12
October 5, 2021 Item # 5ATTACHMENT 1 TECHNICAL SPECIFICATIONS 1. Purpose: The purpose of this Agreement is to provide comprehensive fire suppression equipment services for the City of Poway's facilities, vehicles, and equipment. All applicable specifications herein must meet Poway Municipal Code 15.24 Fire Code at all times. 2. Technical Specifications: a. Vehicle and equipment extinguishers serviced shall be identified on fieldwork order by vehicle or equipment number. Facility service work orders shall be separated and identified by facility names listed in fieldwork orders and shall be turned into the Project Manager prior to payment. b. Contractor shall provide all labor, materials, tools, transportation, equipment, and supervision necessary to test, service, and maintain in operable condition all City-owned portable fire extinguishers and/or kitchen fire suppressions systems as required by California law. Contractor shall have in-house or available capabilities for licensed ICC Hydrostatic Test Facilities, CO2 charging, dry chemical servicing, and hose re-coupling. Services shall include, but not be limited to: weighing and refilling all CO2 extinguishers, servicing all dry chemical units (including leak test following recharge), conducting hydrostatic testing, servicing and recharging halon fire extinguishers, hydrostatically testing all extinguishers due for service/testing within the contract period, and/or inspection and certification of fire suppression kitchen systems and automatic fire sprinkler systems. c. Fire extinguishers covered in the Agreement are located in various buildings throughout the City. Facility fire extinguisher service includes gathering, servicing, and the return of all extinguishers to their original locations. City staff will gather vehicle and equipment extinguishers to one or several locations for service. d. Fire extinguishers removed from its City site for servicing shall be temporarily replaced with a comparable loaner fire extinguisher. A loaner report shall be prepared by the Contractor and submitted to the City's Project Manager. e. All parts used in the repair of extinguishers shall be those manufactured by the companies producing said extinguisher or equivalent, (Title 19, California Code of Regulations). All replaced, damaged or irreparable parts shall remain City's property and shall be returned to the Project Manager. The use of disposable or non-rechargeable extinguishers will not be allowed. f. The Contractor shall charge a flat, per unit annual fee for servicing all extinguishers, including halon and CO2. The flat fee per extinguisher is to include all costs, including all labor and material costs. Example of services to be included in this fee includes repair, related labor for annual inspection, 15 of 30 13
October 5, 2021 Item # 5(including but not limited to, O-rings, valve stems and chemicals) recharging, and other maintenance service. g. After testing, affix to the extinguisher a non-ferrous seal approved by the State Fire Marshal, which can be broken by a normal applied force of fifteen (15) pounds or less. The seal shall retain the locking pin in a locked position. h. Attach to each portable fire extinguisher a service tag in such a position as to be conveniently inspected. The service tag may be attached to the extinguisher by means of wire, string, plastic ties or self-adhesive, and shall bear information as per Title 19, California Code of Regulations. i. The Contractor shall service extinguisher discharges within 48 hours of verbal notification by the City's representative. Kitchen hood systems shall be serviced within twelve (12) hours of verbal notification. j. Establish and maintain a permanent record of the extinguisher inventory and update the data after each inspection. Submit monthly a report listing to the Project Manager those extinguishers inspected in the past month and forecast those due for inspection within the coming month. The information reported shall include: inspection date, the name of the inspector, extinguisher size, type, manufacturer, location, and the date of last recharge or hydrostatic test. Note in detail on the report any extinguisher defects not covered by the contract. Provide drawings showing the locations of all extinguishers and related information. As the service in each building is complete, submit to the Project Manager a written statement to that effect and the date of completion. k. It shall be the Contractor's responsibility to ensure that all extinguisher service and/or repairs are free from defects in materials and workmanship. The re-service of defective extinguishers shall be at no additional charge. I. Contractor shall carry out the work in such a manner that there is no interruption to or interference with the proper execution of City business. To facilitate the operations, concentrate extinguisher inspections during periods of diminished activity. Submit for the Project Manager's approval a proposed work schedule and a list of staff members assigned to this contract. After the schedule has been approved, the Project Manager must authorize any changes. It is anticipated that some modification to the current monthly inspection may be employed. Work shall be performed in the proper order to allow sufficient time to service each unit within one year of its previous inspection. m. Fire Extinguisher Inspection and Certification: Contractor shall provide 16 of 30 inspection, service and maintenance to all City facility, vehicle, and equipment fire extinguishers. All work to be done in accordance with California State Fire Marshal, Title 19, and the National Fire Protection Association (NFPA) regulations. Fire extinguisher tags shall be marked with date of inspection. 14
October 5, 2021 Item # 5n. Automatic Fire Sprinkler System Inspection and Certification: Contractor shall perform automatic fire sprinkler system inspections and certifications for quarterly, yearly, and five-year (5) certification to comply with State of California, Title 19, Public Safety Code. The contractor will also be responsible to clean/remove dust from dusty heads at no extra charge. Quarterly, yearly, and five-year (5) inspection reports will be mailed or emailed to the Project Manager within two (2) weeks of inspection date. o. Fire Suppression Hood Inspection and Certification: Contractor shall provide inspection, service and maintenance to the City's facility fire suppression hoods. All work to be done in accordance with the National Fire Protection Association (NFPA) regulations. 3. 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 a.m. to 3:30 p.m., Monday through Thursday, and 7 a.m. to 3:30 p.m. alternating Fridays, excluding holidays. There shall be no work on the alternating Friday on which City offices are closed. Deviation from these hours will not be permitted without the prior consent of the Director of Public Works, or their 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. Safety: All work performed under this Agreement 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 agreement. 4. 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 17 of 30 15
October 5, 2021 Item # 5to be done under this Agreement. 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. If 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. 5. 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, e.g. running any type of power equipment, would not be allowed before 8 a.m. so as not to disturb the residents of the area. 6. Hazardous Conditions: Contractor shall maintain all work sites free of hazards to persons and/or property resulting from their operation. Any hazardous conditions noted by the Contractor that is or is not a result of their operation shall immediately be reported to the City of Poway Public Works Department at (858) 668-4 700 or the Water Treatment Plant at (858) 668-4751. 7. 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. 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. 8. 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 of Public Works shall be deducted from the contract payment to cover costs. 9. 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 18 of 30 16
October 5, 2021 Item # 5services. The Contractor shall not enter into a contract with any hauler other than the City's franchise hauler. Hazardous 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. 10. Proiect Inspections: The City will periodically inspect each project location for compliance with these specifications. 11.Service Locations: The following tables identify the City facilities where both fire extinguishers and fire systems are located. Besides the two tables, the City has approximately 250 fire extinguishers in vehicles and other equipment that will also be a part of the Agreement. These extinguishers are brought to a central location for servicing. No trip charges, fuel surcharges, or mileage will be allowed. All prices are to be F.O.B. jobsite. All attached table unit amounts are approximate. 19 of 30 17
October 5, 2021 Item # 5CITY OF POWAY FACILITIES FIRE EXTINGUISHER AND FIRE SYSTEM LOCATIONS Table 1 -Fire Extinguisher Serv_ice Facility Name Address Type Units No of Community Park -Mickey 13094 Civic Center Dr. Public Facility 15 Cafagna Community Center Community Park -Crew 13094 Civic Center Dr. Crew Office/ 2 Shed Equip Storage Community Pool -13094 Civic Center Dr. Public Facility 1 Concession Community Park -Pool 13094 Civic Center Dr. Filter Housing 2 Filter Housing Community Park -Pool 13094 Civic Center Dr. Main Entrance 1 Main Entrance Community Park-Bocce 13094 Civic Center Dr. Public Facility 1 Community Park -Skate 13094 Civic Center Dr. Public Facility 1 Park City Hall -Main Facility 13325 Civic Center Dr. Office Complex 16 Council Chambers 13325 Civic Center Dr. Office Complex 2 City of Poway Library 13137 Poway Rd. Public Facility 8 Records/Lounge Trailer 12325 Crosthwaite Cir. Records/Lounge 3 Trailer Household Hazardous 12325 Crosthwaite Cir. Privately Run Office 3 Waste Facility and Hazardous Waste Storage Kumeyaay Site 13104 lpaiWaypuuk Volunteer Facility 2 Performing Arts Center 15498 Espola Rd. Special Event 22 Facility Fire Station No. 1 13050 Community Rd. Station Services 5 Fire Station No. 2 16914 Westling Ct. Station Services 8 Fire Station No. 3 14322 Pomerado Rd. Station Services 10 Public Works Admin Bldg 14467 Lake Poway Rd. Office Complex 3 Crew Lounge / Warehouse 14445 Lake Poway Rd. Crew 8 Lounge/Warehouse Vehicle Maintenance 14415 Lake Poway Rd. Auto Shop/Office 120 + Vehicle Storage 14445 Lake Poway Rd. Vehicle/Equip 5 Storage Camelback Pump Station 14445 Lake Poway Rd. Pump House 1 Treatment/ Ammonia 14445 Lake Poway Rd. Water Treatment 2 Building Pump Stations/Reservoirs Various 21 Treatment 14521 Lake Poway Rd. IWater Treatment 4 20 of 30 18
October 5, 2021 Item # 5Facility Name Table 1 -Fire Extinguisher_ S~rvice Address Type Operations/Offices Chlorine/Chemical Feed 14521 Lake Poway Rd. Water Treatment Filter Control Building 14521 Lake Poway Rd. Water Treatment Lake Poway Admin Bldg 14644 Lake Poway Rd. Community Services Lake Poway -Concession 14644 Lake Poway Rd. Public Facility Stand Lake Poway-FFA 14644 Lake Poway Rd. FFA Buildings Lake Poway -Boat Dock 14644 Lake Poway Rd. Public Facility Lake Poway -Entrance 14644 Lake Poway Rd. Entrance Booth Booth Lake Poway -Pavilion 14644 Lake Poway Rd Public/Rental Facility Lake Poway -Crew Facility 14644 Lake Poway Rd. Parks & Landscape Shop Lake Poway Parks Yard 14644 Lake Poway Rd Parks Yard Train Barn 14134 Midland Rd. Volunteer Facility Train Depot 14134 Midland Rd. iVolunteer Facility Templars Hall 14134 Midland Rd. Rental Facility Porter House 14134 Midland Rd. Office/Meeting Rooms, Ticket Booth Nelson House 14134 Midland Rd. Public Facility Old Poway Park Museum 14134 Midland Rd. Public Facility Ice House 14134 Midland Rd Public Facility Blacksmith Shop 14134 Midland Rd Public Facility 21 of 30 19 No. of Units 6 2 2 4 2 3 1 2 3 7 20 1 1 3 3 2 1 1
October 5, 2021 Item # 5Table 2 -Sprinkler System Inspections Facility Name Address Type City Hall 13325 Civic Center Office Complex Dr. Council Chambers 13325 Civic Center Office Complex Dr. Operations Center Vehicle 14445 Lake Poway Vehicle/Equipment Storage .§!QraQe Rd. Community Park -Mickey 13094 Civic Center Public facility Cafagna Community Center Dr. Train Barn 14134 Midland Rd. Volunteer facility Templars Hall 14134 Midland Rd. Special Event/ Rental facility Porter House 14134 Midland Rd. Office/Meeting Rooms, Ticket Booth Nelson House 14134 Midland Rd. Public facility Hamburger Factory/ Museum 14134 Midland Rd. Small Business Treatment Plant -14521 Lake Poway Water Treatment Operations/Office Rd. Chlorine/Chemical Feed 14521 Lake Poway Water Treatment Rd. City of Poway Library 13137 Poway Rd. Public facility Sports Park 12349 Mclvers Court Public facility Snack Bar/Restaurant Performing Arts Center 15498 Es po la Rd. Special Event facility Sheriffs Station 13100 Bowron Rd. Safety Services Meadowbrook Gymnasium 12320 Meadowbrook Public facility Ln. Fire Station 3 14322 Pomerado Rd. Public facility 22 of 30 20
October 5, 2021 Item # 5ATTACHMENT 2 FEE SCHEDULE FIRE SUPPRESSION EQUIPMENT SERVICE BID SCHEDULE Service TestinQ Service CharQe 12-Year Low Pressure Hydrostatic Test Per Unit $ 17. 51 n/a 6-Year Tear Down Maintenance Per Unit $ 10.41 n/a S-Year Tear Down Hydrostatic for Vehicles per unit $ 17.41 n/a Annual Inspection Only Per Unit $ 10.41 n/a Halon -6-Year Inspection/Maintenance $ 27.91 n/a Replacement Drv Chemical Service CharQe Unit 2.Slb $ 10.41 $ 40.88 Sib $ 10.41 $ 50.93 10Ib $ 10.41 $ 71. 71 20Ib $ 10.41 $ 118.20 Halon $ 10 41 $ 219.69 Replacement Carbon Dioxide Service Charge Unit Sib $ 10.41 $ 138.10 10Ib $ 10.41 $ 156.29 1Slb $ 10.41 $ 190.29 Replacement Type K Extinguisher Service Charge Unit Inspection Per Unit $ 10.41 $ 195.68 RecharQe $ 60.18 $ 112.62 Additional Services Service Charge Dry Chemical Hydro Testing (12-year) Per Unit $ 17.81 n/a Halon Hydro Testinq (6-year) Per Unit $ 38.49 n/a Kitchen Hood Test and Inspection $ 155.37 n/a All Fire Extinguishers are to be of commercial grade and must comply with Title 19 of the State Fire Marshal Regulations and Local Fire Department Regulation requirements. 23 of 30 26 21
October 5, 2021 Item # 5FIRE SPRINKLER SYSTEM SERVICE AND CERTIFICATION Fire Sprinkler System and Quarterly 1 Year 5 Year Certification Certification Certification Testing Cost Cost Cost *City Hall l RISER-$206.26 $ 216.55 $ 242.70 $ 2 RISERS-$237.99 Council Chambers l RISER-$206.26 $ 110.49 $ 135.42 $ 2 RISERS-$237. 99 Operations Center Vehicle 206.26 StoraQe $ 105.49 $ 131.64 $ Community Park-Mickey Cafagna Center $ 184.82 $ 210.97 $ 206.26 Train Barn $ 105.49 $ 127.30 $ 206.26 Templars Hall $ 105.49 $ 131.64 $ 206.26 Porter House $ 105.49 $ 131.64 $ 206.26 Nelson House $ 105.49 $ 131.64 $ 206.26 Hamburger Factory I Museum $ 137.22 $ 163.37 $ 206.26 Treatment Plant -Operations/Office $ 105.49 $ 131. 64 $ 206.26 Treatment Plant -Chlorine/Chemical Feed $ 105.49 $ 131.64 $ 206.26 City of Poway Library $ 168.95 $ 195.10 $ 206.26 Sports Park -Ball Fields, 190.10 Snack Bar/Restaurant $ $ 216.26 $ 206.26 Performing Arts Center $ 190.10 $ 216.26 $ 206.26 Sheriffs Station $ 190.10 $ 216.26 $ 206.26 Meadowbrook Gymnasium $ 100.49 $ 131.64 $ 206.26 Fire Station 3 $ 190.10 $ $ 206.26 216.26 *All testing and certification in which alarms will be sounded at City Hall and the City Council Chambers must be conducted after 6:00 p.m. Fire Sprinkler Quarterly Inspections and Certifications must follow all NFPA 25 guidelines. 24 of 30 22
October 5, 2021 Item # 5HOURLY FIRE SUPPRESSION EQUIPMENT RATES NOTE: INCLUDE OVERHEAD One Service Technician and One Vehicle: MONDAY-FRIDAY (7:00 a.m. -4:00 p.m.) $ 89. 31 AFTER HOURS (4:00 p.m. -7:00 a.m.) HOLIDAYS AND WEEKENDS $ 109.75 HOURLY FIRE SPRINKLER REPAIR RATES NOTE: INCLUDE OVERHEAD One Service Technician and One Vehicle: MONDAY-FRIDAY (7:00 a.m. -4:00 p.m.) $ 94. 22 25 of 30 23 AFTER HOURS (4:00 p.m. -7:00 a.m.) HOLIDAYS AND WEEKENDS $ 122.31
October 5, 2021 Item # 5EXHIBIT "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) 26 of 30 (1) Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior 24
October 5, 2021 Item # 5to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2) A retired person who accepts an appointment after receIvmg unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f) A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: 27 of 30 (1) The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2) (A) Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B) For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C) For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. 25
October 5, 2021 Item # 5(3) The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. (4) The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g) A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h) This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 of the Education Code. (i) This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to serve in a court pursuant to Section 68543. 5. History Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476). effective January 1, 2015. Annotations Notes 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(I) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 28 of 30 26
October 5, 2021 Item # 5GUARANTY To the City of Poway, City Council, for: FIRE SUPPRESSION EQUIPMENT SERVICES The undersigned guarantees the work included in this project(s). Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the Plans and Specifications, due to any of the above causes, all within the number of months the site is to be maintained after date on which this Agreement is accepted by the City, or the date of recordation of Notice of Completion, whichever is the later, the undersigned agrees to reimburse the City upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or upon demand by the City, to replace any such material and to repair said work completely without cost to the City so that said work will function successfully as originally contemplated. The City shall have the unqualified option to make any needed replacements or repairs itself or to have such replacements or repairs done by the undersigned. In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the City shall be entitled to all cost and expenses, including attorney's fees, reasonably incurred by reason of the said failure or refusal. Contractor Signature Date **TO BE SUBMITTED WITH EXECUTED AGREEMENT** 29 of 30 27
October 5, 2021 Item # 5WORKERS' COM PENSA T/ON INSURANCE CERT/FICA TE Pursuant to Section 1861 of the State Labor Code, each Consultant to whom a public works Contract has been awarded shall sign the following certificate and shall submit same to the City of Poway prior to performing any work on the Agreement: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Agreement." Consultant By: Title Date Section 3700 of the State Labor Code reads in part as follows: "Every employer except the State shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees." **TO BE SUBMITTED WITH EXECUTED AGREEMENT** 30 of 30 28