Loading...
Item 5 - Agreement with Weatherproofing Technologies Inc. for Roof Maintenance Program and RepairsFebruary 7, 2023, Item #5DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway CITY COUNCIL February 7, 2023 Honorable Mayor and Members of the City Co1~ncil Eric Heidemann, Director of Public Works 4~ 3/ Will Wiley, Assistant Director of Public Works for Maintenance Operation (858) 668-4705 or wwiley@poway.org . Award of Agreement to Weatherproofing Technologies, Inc. for the Roof Maintenance Program and As-Needed Repairs; RFP No. 23-007 A request for proposals (RFP) for the Roof Maintenance Program and As-Needed Repairs, RFP No. 23-007, was duly advertised on November 3 and November 10, 2022. Two (2) responsive proposals were received and opened on November 22, 2022. Staff reviewed the proposals submitted and selected Weatherproofing Technologies, Inc. (WTI) as the company providing the best value for roof maintenance program services and as-needed roof repair services to the City of Poway (City). Staff determined WTI to be responsive and qualified to provide these services. The term of the agreement is two (2) years beginning February 8, 2023, through February 7, 2025, with three (3) one-year extensions. Recommended Action: It is recommended the City Council: (1) Authorize an appropriation totaling $83,473 from the General Fund Unassigned Fund Balance (Fund 1000); (2) Award the agreement for roof maintenance program and as-needed repair services to Weatherproofing Technologies, Inc.; and (3) Authorize the City Manager to execute any necessary documents. Discussion: The City has a continuing need for as-needed roofing services for various repairs and maintenance at facilities throughout the City. Maintaining the roof structures of City facilities requires the assistance and expertise of specially trained and qualified roofing experts. Historically, the City has entered into agreements for as-needed roof repairs and emergency leak response services, but the City has not had a formal roof maintenance program. The roof maintenance program is intended to reduce the number of emergency repairs and leak responses by providing preventative maintenance and housekeeping services for each facility roof two (2) times per year. 1 of 23 February 7, 2023, Item #5On November 3 and November 10, 2022, staff duly advertised an RFP for the roof maintenance program and as-needed repair services. The RFP was advertised on the City's website, online bid portal, and in the local newspaper. In addition, staff contacted five (5) contractors to notify them of the RFP. On November 22, 2022, the City received two (2) proposals. A third proposal was received on November 23, 2022, and deemed non-responsive as it was not received by the RFP deadline. A cost summary of the proposals received is provided in Table 1 below. Table 1: Roof Maintenance Program and As-Needed Repair Services Proposals Summary Roof Maintenance Hourly Rates for Repairs/Emergency Company Program Annual Fee Leak Response (Two Employee Crew with Vehicle) Good-Men Roofing & $268,511.00 Regular Business Hours $374.50 Construction, Inc. After Hours/Weekends $407.12 Regan Roofing, Inc.* $1,528,000.00 Regular Business Hours $1,280.00 After Hours/Weekends $1,770.00 Weatherproofing $193,472.20 Regular Business Hours $206.00 Technologies, Inc. After Hours/Weekends $258.00 *Non-responsive proposal The costs included in the "Roof Maintenance Program Annual Fee" are the proposers' submitted annual lump sum costs to provide bi-annual preventative maintenance and housekeeping services for City facilities, which includes 67 roofs. The proposals were independently reviewed and scored by a review panel consisting of three (3) City staff members. Both contractors were then invited for interviews as part of the selection process. The interviews were held on December 13, 2022. Each interview was scheduled for 60 minutes and consisted of a question-and-answer discussion with 14 questions prepared by the review panel. The interview included a demonstration of the on line reporting database. The questions provided each contractor the opportunity to provide additional details on their company covering the topics of technical expertise, employee training and staffing, and quality control measures. Following the selection interviews, the review panel determined WTI offered the best overall value to provide the comprehensive roofing services the City is seeking. The City requested a best-and-final offer, and in working with their corporate offices, WTI was able to reduce their initial proposal by $129,989 without compromising the level of service. Under the agreement, WTI will be providing bi-annual inspections for all City facility roofs and as-needed roof repairs, including emergency leak response. WTI has over 60 years of experience providing similar services to hundreds of municipalities throughout the United States, including experience with municipalities in Southern California. WTI will assign a dedicated project team to provide these services to the City. Staff was impressed with WTl's knowledge and experience, employee training program, and the online reporting database. The roof maintenance program database will include roof inventory, provide a roof condition assessment for each facility, establish a replacement schedule, and estimate roof replacement costs for each facility. This will assist staff in budgeting for future Capital Improvement Projects (CIPs). The goal of the roof maintenance program is to reduce the need for emergency roof leak responses and unscheduled roof repairs, which will reduce overall repair costs. 2 of23 February 7, 2023, Item #5The Facilities Division Fiscal Year 2022-23 Operating Budget includes $110,000 for the roof maintenance program. Due to increased materials and labor costs, the proposal exceeds the amount budgeted. Staff is requesting an appropriation in the amount of $83,473 to cover the annual roof maintenance program for the initial year of the contract. Funds for subsequent fiscal years will be included in the annual budget process for Council consideration. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: The Fiscal Year 2022-23 Facilities Maintenance Division budget (415010-43040) includes $110,000 for the roof maintenance program. An appropriation is being requested from the General Fund Unassigned Fund Balance (Fund 1000) to cover the remaining amount of $83,473 to fund this program for the initial year of the agreement. Amounts for subsequent fiscal years will be included in the annual budget process for Council's consideration. Public Notification: None. Attachments: A. Standard Agreement Reviewed/Approved By: Assistant City Manager 3 of23 Reviewed By: Alan Fenstermacher City Attorney City Manager February 7, 2023, Item #5City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 8th day of February, 2023, by and between the CITY OF POWAY (hereinafter referred to as "City") and WEATHERPROOFING TECHNOLOGIES, INC., an Ohio corporation, (hereinafter referred to as "Contractor"). RECITALS WHEREAS, City desires to obtain the services of a private Contractor to perform roof maintenance program services and as-needed roofing services for various City facilities (Project); 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 4 of23 ATTACHMENT A February 7, 2023, 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 agreement without the prior written consent of the City. In its performance hereunder, Contractor shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Contractor shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand. 5 of23 February 7, 2023, 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: 6 of 23 (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 (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. February 7, 2023, Item #5DISCLOSURE DETERMINATION: [8J 1. Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Department Director 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the agreement period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services. 13. Licenses, Permits, Etc. Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession. 7 of23 February 7, 2023, 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. (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 8 of23 February 7, 2023, Item #5Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor's obligations under this Agreement, including but not limited to Contractor's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor's performance its obligations under this Agreement, including but not limited to Contractor's Scope of Services. 17. Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Contractor shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect. Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect. 9 of23 February 7, 2023, 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. 10 of 23 February 7, 2023, 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) 11 of 23 February 7, 2023, 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: WEATHERPROOFING TECHNOLOGIES, INC. By:-------------Jaime Brink, VP-CFO & Treasurer Date: ------------By:--------------Alan Fenstermacher, City Attorney 12 of 23 February 7, 2023, Item #5A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Contractor agrees to provide roof maintenance program services and as-needed roofing services as required by City, further described in the Scope of Services 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 January 3, 2023, which is included in this document as Attachment 2. Total fee is not to exceed $193,472.20 per year plus amounts designated for as-needed services not to exceed the City's adopted fiscal year operating budget for as-needed roof repair services. 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 8, 2023, and ending February 7, 2025, 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 Agreement and any Agreement extensions are subject to City Council appropriation of funds. Each renewal period (fiscal) after the first year of the agreement, the Contractor's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less. The first adjustment would occur no earlier than February 8, 2025. 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. 13 of 23 February 7, 2023, 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 $2,000,000 Bodily Injury and Property Damage combined each occurrence and $4,000,000 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. 14 of 23 February 7, 2023, Item #5E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: 15 of23 To City: To Contractor: City of Poway P.O. Box 789 Poway, CA 92074 Weatherproofing Technologies, Inc. 4901 Morena Blvd., Suite 323 San Diego, CA 92117 (Remainder of page intentionally left blank) February 7, 2023, Item #5ATTACHMENT 1 SCOPE OF SERVICES 1. Purpose/General Requirements: The purpose of this RFP is to obtain proposals for roofing services for City facilities including: biannual roof inspections (two (2) inspections per year), preventative maintenance, general housekeeping, and emergency roof repairs/leak response. The City wishes to enter into an agreement with a company that is proactive in their work standards and can meet or exceed the qualifications set forth in this proposal package. The successful company shall be familiar with and have the ability to provide maintenance and repair work on the roofs per the technical specifications below. It is required that the contractor provide an online reporting portal/database and provide access to City staff to access drawings, reports forecasts, invoices, service requests, etc. Repair and maintenance of roof systems at City facilities may include but is not limited to: • Built-up • Tile • Shingles • Single-ply • Metal • Flashings • Gutters • Drains • Curbs • Coping • Details Appropriate fall protection shall be used at all times when completing inspections, roof maintenance and repair work. Contractor shall submit fall protection plan for review and approval by City. 2. Scope of Work: The Contractor is to perform biannual (two (2) times per year) roof inspections, preventative maintenance, and all repairs to roofing structures and/or parts of roofing structures such as but not limited to gutters, parapet walls, downspouts, vents, drains, utility openings, hatches, flashings, copings, or underlayment. All Work shall be performed to the highest standards of the industry, skill, workmanship, applicable trade best practices, meet warranties and in conformance to all applicable laws, codes and regulations. All ladders/hoists to access building roofs are the responsibility of the Contractor. A. Roof Inspections: Biannual (two (2) times per year) roof inspection services include the following: i. Visual inspection of the roof membrane and roof surface conditions. ii. Inspection of the flashing systems including, but not limited to, the metal edge system, base flashings on equipment and adjoining walls, counterflashing and termination details, soil stacks and vents, and inspection of roofing details for rooftop projections and equipment such as pitch pans, HVAC equipment, skylights and access hatches. B. Roof Inspection Reports: The Contractor will provide City with reports from all roof inspections performed under this Agreement. The reports will be provided through an 16 of 23 February 7, 2023, Item #5online reporting portal/database, which the City and its authorized representatives can access. Reports shall include: i. CAD roof drawings of each building; ii. Roof core data including roof membrane type; iii. Insulation type, if present, and roof deck type; iv. Photos of conditions observed, and maintenance work completed for each roof level; v. Roof condition assessments for each roof level including any short-term recommendations (with costs) for additional repairs and long-term recommendations for complete restoration or replacement (with costs); vi. Life expectancy per roof level with current restoration and replacement costs; and vii. A 1-10 year roof restoration and replacement plan. C. Preventative Maintenance Services: Preventative maintenance will occur in conjunction with the roof inspections (biannually) and consists of the following repairs and maintenance: i. Flashing components and details: Patch minor flashing defects and kick holes, reinforce open flashing laps, seal open metal edge laps and open flanges within reason, seal open coping joints, seal expansion joint laps, re-secure and/or seal intermittent fasteners that have backed out, refill pitch pans, caulk storm collars and reseal intermittent voids in termination bar and counterflashing. ii. Roof membrane: Repair intermittent splits, tears, open laps and breaks in the membrane. Patch any fractured blisters or those in danger of fracture due to traffic. iii. Drains, Gutters and Scuppers: Tighten drain bolts and clamping rings (if possible). Owner will be advised of missing drain strainers. Repair strip-in around drains and scuppers, re-secure gutters, and seal open gutter joints. All repair materials shall be reviewed and approved by the City. Materials must be VOC compliant and compatible with each specific roof system type, and when applicable. Contractor must maintain any existing long-term roof system manufacturer warranties and comply with roof manufacturer requirements for maintenance and repairs. D. General Rooftop Housekeeping Services: General rooftop housekeeping services will occur in conjunction with the roof inspections (biannually) and include: 17 of 23 i. Removal of debris (i.e., leaves, branches, paper, bottles, balls, and similar items) from the roof membrane and drainage areas including all gutters. ii. Disposal of debris will be at the Owner's approved on-site location or location within the City limits. iii. Water test all roof drains. Immediately notify City of any blocked or slow roof drains that require attention. February 7, 2023, Item #5E. Emergency Roof Repairs/Leak Response: Contractor shall provide 24 hour, 7 days per week leak response. City staff shall be able to make emergency requests/service request via the online reporting system/database. Below are required response times: i. Routine leak response time -24 hours ii. Urgent leak response time -Same day, within 4 hours iii. Provide follow-up notice of completed repairs to appropriate City Personnel within 24 hours of completion of the repair/work. iv. Leak calls will be billed on a time and material basis based on contractor unit bid pricing. F. Quarterly Meetings: Contractor will meet quarterly with City staff (virtual or in-person) to provide an update on the roof maintenance program and discuss upcoming schedule. 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 4 p.m., Monday through Thursday, and 7 a.m. to 3:30 p.m. on alternating Fridays, excluding holidays. 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. E. Warranty: All work performed under this contract will carry a minimum 30-day warranty on labor and the manufacturer's warranty on materials. F. Roofs with Current Warrantees: Roofs that currently have a manufacturer's warranty cannot be worked on unless authorized by the manufacturer. This will determined by City staff. 18 of23 February 7, 2023, Item #54. City of Poway Facilities List: Table 1 below and on the following page provides a list of the facilities that will be covered by the Agreement. Facilities may be added or deleted during the course of the Agreement. TABLE 1: CITY OF POWAY FACILITIES LIST* *Roof Square Footage to be verified by proposing Contractor ---~ ,r,,,, ..... ~,-... !./!.J 1 City Hall 13325 Civic Center Dr. 50,400 2 Council Chambers 13325 Civic Center Dr. 5,900 3 Public Works Administration Building 14467 Lake Poway Rd. 5,700 4 Crew Lounge/ Warehouse 14445 Lake Poway Rd. 7,467 5 Vehicle Maintenance 14415 Lake Poway Rd. 5,628 6 Vehicle Storage 14445 Lake Poway Rd. 5,200 7 Lake Poway Administration Building 14644 Lake Poway Rd. 1,100 8 Lake Poway -Concession Stand 14644 Lake Poway Rd. 1,850 9 Lake Poway -FFA Buildings 14644 Lake Poway Rd. 3,600 10 Lake Poway -Boat Dock 14644 Lake Poway Rd. 3,700 11 Lake Poway -Pavilion 14644 Lake Poway Rd. 1,510 12 Lake Poway -Entrance Booth 14644 Lake Poway Rd. 100 13 Lake Poway -Crew Facility 14644 Lake Poway Rd. 600 14 Lake Poway -Lower Ball Field Restrooms 14644 Lake Poway Rd. 1,056 15 Lake Poway-Middle Restrooms 14644 Lake Poway Rd. 560 16 Lake Poway -Upper Restrooms 14644 Lake Poway Rd. 560 17 Mickey Cafagna Community Center 13094 Civic Center Dr. 25,265 18 Community Park -Pool Locker/Restroom Building 13094 Civic Center Dr. 3,593 19 Community Park -Pool Filter Housing 13094 Civic Center Dr. 1,847 20 Community Park Pool Splash Pad Building 13094 Civic Center Dr. 400 21 Community Park Ball Field Restrooms 13094 Civic Center Dr. 501 22 Community Park -Crew Shed 13094 Civic Center Dr. 400 23 Skate Park Restroom 13094 Civic Center Dr. 500 24 Old Poway Park Museum 14134 Midland Rd. 2,135 25 Train Barn 14134 Midland Rd. 2,695 26 Templars Hall 14134 Midland Rd. 1,620 27 Porter House (historic) 14134 Midland Rd. 2,180 28 Nelson House (historic) 14134 Midland Rd. 1,300 29 Hamburger Factory 14134 Midland Rd. 3,420 30 Old Poway Park Museum Restrooms 14134 Midland Rd. 200 31 Train Depot 14134 Midland Rd. 3,000 32 Girls Softball League Concession/Restroom 13544 Aubrey St. 700 33 Material Handling Yard, Hazardous Waste 12325 Crosthwaite Cr. 932 34 Records/Lounge Trailer 12325 Crosthwaite Cr. 500 35 Arbolitos Sports Park Restrooms 14501 Arbolitos Dr. 800 19 of23 February 7, 2023, Item #5No. Facility (Continued) Address Sq. Feet* 36 Garden Road Park Restrooms 14901 Garden Rd. 840 37 Hilleary Park Restrooms 13500 Community Rd. 840 38 Silverset Park Restrooms 14 795 Silverset St. 840 39 Starridqe Park Restrooms 13745 Carriaqe Rd. 840 40 Valle Verde Park Restrooms 16899 St. Andrews Dr. 840 41 Fire Station No. 1 13050 Community Rd. 18,198 42 Fire Station No. 2 16914 Westling Ct. 4,863 43 Fire Station No. 3 14322 Pomerado Rd. 14,056 44 City of Poway Library 13137 Poway Rd. 24,400 45 Iron Mtn. Restroom 15498 Espola Rd. 200 46 Performing Arts Center 15498 Espola Rd. 57,040 47 Sheriffs' Station 13100 Bowron Rd. 15,000 48 Kumeyaay-lpai Interpretive Center 13104 lpai Waa ukTI. 1,400 --''''"----., .. ,,,~ "·''' '~ ,_-(:.I 49 Aerator at Lake Poway Lake Poway West Side/ 49 Poway Lake/West Side D 50 Camelback Pump Station 14445 Lake Poway Rd. 630 51 Camino Del Valle Sewaqe Lift Station 12908Camino Del Valle 232 52 Cloudcroft Pump Station II 17087 1 /2 Cloudcroft Dr. 1,296 53 Community Road Pump Station 12520 1/2 Community Rd. 1,196 54 Gregg Street Recycled Pump Station 13375Gregg St. 1,490 55 Heritaqe Lift Station 18775 1/2 Heritaqe Dr. 102 56 High Valley Pump Station 14218 1/2 High Valley 1,450 Rd./Hiqh Valley Rd. SE D 57 Northcrest Pump Station 14090 Northcrest Ln./ 880 Northcrest Ln. W/O D 58 Old Coach Sewaqe Lift Station 17710 1/2 Old Coach Rd. 167 59 Old Coach Way Pump Station Bldq. 18535 Old Coach Dr. 918 60 Pump Station 1 Bldg. A and B 14445 Lake Poway Rd. (A) 240 (B) 522 61 South Chlorinator Building Sycamore Canyon W/O D 500 62 Welton Pump Station 12701 Welton Ln. 970 63 Woodcliff Pump Station 14163 1/2 Donart Dr./ 644 14162 1/2 Donart Dr. 64 Water Treatment Plant/Operations/Office 14521 Lake Poway Rd .. 3,400 65 Chlorine/Chemical Feed 14521 Lake Poway Rd. 5,000 66 Filter Control Building 14521 Lake Poway Rd. 500 67 Treatment/Ammonia Building 14521 Lake Poway Rd. 1,500 20 of 23 February 7, 2023, Item #5Breakout List of City Buildings Roof Square Footage: 307,962 -----'---------------------Number of Buildings: 68 Number of Roofs: 68 Roof Type: Multiple [Remainder of Page Left Blank Intentionally] 21 of23 February 7, 2023, Item #5ATTACHMENT 2 FEE PROPOSALS BID ITEM A: ROOF MAINTENANCE PROGRAM This proposal price is for the entire work required for providing all labor, equipment, tools, materials and incidentals affiliated with the Roof Maintenance Program including biannual (two (2) times per year) inspections, preventative maintenance, and general housekeeping tasks outlined in the Scope of Work/Technical Specifications. Provide the annual amounts as requested below, and a total lump sum proposal including all City facilities. Item 1: $178,169.77 Annual Total for (Facilities are not priced to be purchased separately) City Facilities (Lump Sum) Total (In Words): (Facilities #1-48 on Table 1, pages 21-22) One hundred seventy-eight thousand, one hundred and sixty-nine dollars and seventy-seven cents Item 2: $ 15 302.43 (Facilities are not priced to be purchased separately) Annual Total Water Utilities Facilities (Lump Sum) Total (In Words): (Facilities #49-67 in Table 1, page 22) Fifteen thousand, three hundred and two dollars and forty-three cents TOTAL LUMP SUM Item 3: $ 193472.20 Roof Maintenance Program (Facilities are not priced to be purchased separately) Annual Total for All Facilities Total (In Words): (Item 1 + Item 2 = Item 3) One hundred and ninety-three thousand, four hundred and seventy-two dollars and twenty cents 22 of 23 February 7, 2023, Item #5FEE PROPOSALS BID ITEM B: HOURLY RATES FOR REPAIRS/EMERGENCY LEAK RESPONSE The prices set forth below include all work required to provide all labor, equipment, tools, materials and incidentals affiliated with as-needed roof repairs and emergency leak response work requirements specified in this RFP. Service Type: One Employee Crew, Including Vehicle Total $ 103.00 per hour (portal to portal, min. 2 hours) Mon-Fri 7:00 a.m. -4:00 p.m. Total (In Words): One hundred and three dollars per hour Total$ 129.00 per hour (portal to portal, min. 2 hours, 4-24 hour After Hours & emergency will be billed at this rate) Weekends Total (In Words): One hundred and twenty-nine dollars per hour Service Type: Two Employee Crew, Including Vehicle Total$ 103.00 per hour per tech (portal to portal, min. 2 hours) Mon-Fri 7:00 a.m. -4:00 p.m. Total (In Words): One hundred and three dollars per hour per tech Total$ 129.00 per hour per tech (portal to portal, min. 2 hours, After Hours & 4-24 hour emergency will be billed at this rate) Weekends Total (In Words): One hundred and twenty-nine dollars per hour per tech Can your company respond to scheduled service calls in 24 hours? Yes X No __ _ Can your company respond to emergency service calls in 4 hours? Yes X No __ _ 23 of 23