Item 3 - Award of Agreement to Advanced Electrical Innovations for As-Needed Electrician Svc. RFP 23-015are not limited to, such services as:
a. Install, maintain, and repair emergency generators, automatic transfer switch gear
and associated work.
b. Repair damaged facilities and equipment due to flood and/or fire.
c. Install motor control center components while equipment remains in operation.
d. High voltage and splicing, commissioning, and testing.
e. Installing and certifying voice/data systems.
f. Perform monthly lighting services including bucket trucks and cranes to repair or
replace lamps, ballasts, photoelectric controls, and light poles.
g. Work on water and wastewater systems including VFD repair, replacement, and
programming.
h. Fabricate UL approved control panels and assist with design build projects.
i. Perform thermographic imaging, ultrasonic testing, power quality analysis and power
trending.
Evaluation criteria for the proposals included overall experience and duration of experience, technical
expertise, work force coverage capacity, references, and cost of service. Also considered within these
criteria were Cal/OSHA safety program compliance and technical training programs. Based on their
experience and staffing, the City has confidence in this company responding quickly to all electrician
service needs.
Proposal results are as follows:
Mon-Fri After Hours &
Description of Services 7 a.m. to 4 p.m. Weekends Holidays
(Regular Work Hours) (Overtime Hours)
One Electrician, One Vehicle
$98.76 $125 .12 $151.49
Two Electricians, One Vehicle
$160.79 $204.05 $247.47
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
The proposed Fiscal Year 2023-24 Facilities Maintenance Division budget (415010-41200) includes
$30,000 for As-Needed Electrician Services.
Public Notification:
None.
2 of 21 June 6, 2023, Item #3
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 of 21 2 June 6, 2023, Item #3
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Contractor shall not act as Contractor or
perform services of any kind for any person or entity whose interest's conflict in any way
with 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 of21
(A) Makes a governmental decision whether to:
(B)
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
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.
3 June 6, 2023, Item #3
DISCLOSURE DETERMINATION:
~ 1. Contractor will not be "making a government decision" or "serving in
a staff capacity" as defined in Sections A and B above.
No disclosure required.
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 of 21 4 June 6, 2023, Item #3
14. Contractor's Insurance.
Contractor shall provide insurance as set forth in Exhibit "A" entitled
"Special Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from
Contractor's negligent performance of professional services, City and its respective
elected and appointed boards, officials, officers, agents, employees and volunteers
(individually and collectively, "lndemnitees") shall have no liability to Contractor or any
other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees
from and against, any and all liabilities, claims, actions, causes of action, proceedings,
suits, damages, judgments, liens, levies, costs and expenses, including reasonable
attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer
or incur or to which lndemnitees may become subject by reason of or arising out of any
injury to or death of any person(s), damage to property, loss of use of property, economic
loss or otherwise occurring as a result of Contractor's negligent performance under this
Agreement, or by the negligent or willful acts or omissions of Contractor, its agents,
officers, directors, sub-Contractors or employees.
(b) For Claims alleged to arise from Contractor's negligent performance of
professional services, lndemnitees shall have no liability to Contractor or any other person
for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any
and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become
subject by reason of or arising out of any injury to or death of any person(s), damage to
property, loss of use of property, economic loss or otherwise to the extent occurring as a
result of Contractor's negligent performance of any professional services under this
Agreement, or by the negligent or willful acts or omissions of Contractor, its agents,
officers, directors, sub-Contractors or employees, committed in performing any of
professional services under this Agreement. For Claims alleged to arise from
Contractor's professional services, Contractor's defense obligation to 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.
8 of21 5 June 6, 2023, Item #3
(e) Contractor shall, upon receipt of written notice of any Claim, promptly take
all action necessary to make a claim under any applicable insurance policy or policies
Contractor is carrying and maintaining; however, if Contractor fails to take such action as
is necessary to make a claim under any such insurance policy, Contractor shall reimburse
City for any and all costs, charges, expenses, damages and liabilities incurred by City in
making any claim on behalf of Contractor under any insurance policy or policies required
pursuant to this Agreement.
(f) The obligations described in Section 15(a) through (e) above shall not be
construed to negate, abridge or otherwise reduce any other right or obligation of indemnity
which would otherwise exist as to any party or person indemnified pursuant to this Section
15.
(g) The rights and obligations of the parties described in this Section 15 shall
survive the termination of this Agreement.
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any
lndemnitee and not covered by insurance maintained, or required by this Agreement to
be maintained, by Contractor: (a) Contractor hereby assumes the risk of any and all injury
and damage to the personnel (including death) and property of Contractor that occurs in
the course of, or in connection with, the performance of Contractor's obligations under
this Agreement, including but not limited to Contractor's Scope of Services; and (b) it is
hereby agreed that the lndemnitees are not to be liable for injury or damage which may
be sustained by the person, goods or property of Contractor or its employees in
connection with Contractor's performance its obligations under this Agreement, including
but not limited to Contractor's Scope of Services.
17. Contractor Not an Agent.
Except as City may specify in writing, Contractor shall have no authority,
expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.
Contractor shall have no authority, expressed or implied, pursuant to this Agreement to
bind City to any obligation whatsoever.
18. Personnel.
Contractor shall assign qualified and certified personnel to perform
requested services. The City shall have the right to review and disapprove personnel for
assignment to Poway projects.
City shall have the unrestricted right to order the removal of any person(s)
assigned by Contractor by giving oral or written notice to Contractor to such effect.
Contractor's personnel shall at all times comply with City's drug and alcohol
policies then in effect.
9 of 21 6 June 6, 2023, Item #3
19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special
Provisions" attached hereto and made a part hereof.
20. Governing Law, Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with,
the laws of the State of California. Each party to this Agreement consents to personal
jurisdiction in San Diego County, California, and hereby authorizes and accepts service
of process sufficient for personal jurisdiction by first class mail, registered or certified,
postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any
action to enforce or interpret the terms or conditions of this Agreement shall be brought
in the Superior Court in San Diego County, Central Division, unless the parties mutually
agree to submit their dispute to arbitration. Contractor hereby waives any right to remove
any such action from San Diego County as is otherwise permitted by California Code of
Civil Procedure section 394. The prevailing party in any such action or proceeding shall
be entitled to recover all of its reasonable litigation expenses, including its expert fees,
attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the
foregoing, in the event that the subject of such an action is compensation claimed by
Contractor in the event of termination, Contractor's damages shall be limited to
compensation for the 60-day period for which Contractor would have been entitled to
receive compensation if terminated without cause, and neither party shall be entitled to
recover their litigation expenses.
21. Gender.
Whether referred to in the masculine, feminine, or as "it," "Contractor" shall
mean the individual or corporate Contractor and any and all employees of Contractor
providing services hereunder.
22. Counterparts.
This Agreement (and any amendments) may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which, together, shall
constitute one and the same instrument. Documents delivered by telephonic facsimile
transmission shall be valid and binding.
23. Entire Agreement.
This Agreement shall constitute the entire understanding between
Contractor and City relating to the terms and conditions of the services to be performed
by Contractor. No agreements, representations or promises made by either party,
whether oral or in writing, shall be of any force or effect unless it is in writing and executed
by the party to be bound thereby.
10 of 21 7 June 6, 2023, Item #3
24. Certification and Indemnification Regarding Public Employees'
Retirement Law/Pension Reform Act of 2013.
Contractor hereby certifies that all persons providing services to City by
Contractor are not current members of the California Public Employees' Retirement
System (CalPERS) and shall not become members of CalPERS while providing services
to City.
Contractor further provides that in the event Contractor assigns a retired
annuitant receiving a pension benefit from CalPERS to perform services for City, the
retired annuitant is in full compliance with Government Code section 7522.56. A copy of
Government Code section 7522.56 is attached hereto as Exhibit "B."
Further, Contractor hereby fully and unconditionally indemnifies City from
all penalties, fees, employer and employee contributions, or any other assessments
imposed by CalPERS in the event CalPERS determines the person assigned by
Contractor to provide services to City has been misclassified.
25. Severability.
If any provision of this Agreement is determined by any court of competent
jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision
shall, if possible, be construed as though more narrowly drawn, if a narrower construction
would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such
provision shall, 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 21 8 June 6, 2023, Item #3
"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.
1. Contractor shall only perform such work under assignment from the City from time-
to-time, each assignment being a distinct and separate project. The Scope of Work
is intended to cover as-needed electrician services for all projects assigned to the
Contractor. As-needed electrician services for city facilities will include (but are not
limited to) such services as:
a. Design, install, maintain, and repair emergency generators, automatic
transfer switch gear and associated work.
b. Repair damaged facilities and equipment due to flood and/or fire.
c. Install motor control center components while equipment remains in
operation.
d. High voltage and splicing, commissioning, and testing.
e. Installing and certifying voice/data systems.
f. The ability to perform monthly lighting services including bucket trucks and
cranes to repair or replace lamps, ballasts, photoelectric controls, and light
poles.
g. Qualified technicians to work on water and wastewater systems including
VFD repair, replacement, and programming.
h. The ability to fabricate UL approved control panels ad assist with design
build projects.
i. The ability to perform thermographic imaging, ultrasonic testing, power
quality analysis and power trending.
B. Compensation and Reimbursement.
City shall pay Contractor a fee in accordance with the Fee Proposals
submitted with the proposals dated April 13, 2023, which are included in this document
as Attachment 1. The total fee is not to exceed $30,000 per year for as needed services
not to exceed the City's adopted fiscal year operating budget for as-needed electrician
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
13 of 21 June 6, 2023, Item #3
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 July 1, 2023,
and ending June 30, 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 July 1, 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.
D. 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.)
14 of 21 11 June 6, 2023, Item #3
"City of Poway and its elected and appointed boards, officers,
agents, and employees are additional insureds with respect to this subject project and
contract with City."
(b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty
(30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and
appointed boards, officers, agents, and employees. It is not secondary or in any way
subordinate to any other insurance or coverage maintained by City."
3. Insurance Certificates:
Contractor shall provide City certificates of insurance showing the
insurance coverages described in the paragraphs above, in a form and content approved
by City, prior to beginning work under this Agreement.
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following
addresses:
15 of 21
To City:
To Contractor:
City of Poway
P.O. Box 789
Poway, CA 9207 4
Advanced Electrical Innovations
4892 Japatul Spur
Alpine, CA 91901
(Remainder of page intentionally left blank)
12 June 6, 2023, Item #3
Description of Service
One Electrician, One Vehicle
Two Electricians, One Vehicle
16 of 21
ATTACHMENT 1
FEE SCHEDULE
Labor Rates
Mon-Fri
7 a.m. to 4 p.m.
(Regular Work Hours)
$98.76
$160.79
13
After Hours &
Weekends Holidays
(Overtime Hours)
$125.12 $151.49
$204.05 $247.47
June 6, 2023, Item #3
EXHIBIT "8"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018
Regular Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7
Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public
Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person receiving pension benefit from
public retirement system; Section supersedes conflicting provisions
(a)This section shall apply to any person who is receiving a pension benefit from a
public retirement system and shall supersede any other provision in conflict with
this section.
(b) A retired person shall not serve, be employed by, or be employed through a
contract directly by, a public employer in the same public retirement system from
which the retiree receives the benefit without reinstatement from retirement, except
as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement
from retirement or loss or interruption of benefits provided by the retirement system
upon appointment by the appointing power of a public employer either during an
emergency to prevent stoppage of public business or because the retired person
has skills needed to perform work of limited duration.
(d ) Appointments of the person authorized under this section shall not exceed a
total for all employers in that public retirement system of 960 hours or other
equivalent limit, in a calendar or fiscal year, depending on the administrator of the
system. The rate of pay for the employment shall not be less than the minimum, nor
exceed the maximum, paid by the employer to other employees performing
comparable duties, divided by 173.333 to equal an hourly rate. A retired person
whose employment without reinstatement is authorized by this section shall acquire
no service credit or retirement rights under this section with respect to the
employment unless he or she reinstates from retirement.
(e)
17 of 21
(1 )Notwithstanding subdivision (c), any retired person shall not be eligible to
serve or be employed by a public employer if, during the 12-month period
prior to an appointment described in this section, the retired person received
14 June 6, 2023, Item #3
any unemployment insurance compensation arising out of prior employment
subject to this section with
a public employer. A retiree shall certify in writing to the employer upon
accepting an offer of employment that he or she is in compliance with this
requirement.
(2)A retired person who accepts an appointment after receiving
unemployment insurance compensation as described in this subdivision shall
terminate that employment on the last day of the current pay period and shall
not be eligible for reappointment subject to this section for a period of 12
months following the last day of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for
a period of 180 days following the date of retirement unless he or she meets one
of the following conditions:
18 of 21
(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.
15 June 6, 2023, Item #3
(3)The retiree is eligible to participate in the Faculty Early Retirement Program
pursuant to a collective bargaining agreement with the California State
University that existed prior to January 1, 2013, or has been included in
subsequent agreements.
(4)The retiree is a public safety officer or firefighter hired to perform a function
or functions regularly performed by a public safety officer or firefighter.
(g)A retired person who accepted a retirement incentive upon retirement shall not
be eligible to be employed pursuant to this section for a period of 180 days following
the date of retirement and subdivision (f) shall not apply.
(h)This section shall not apply to a person who is retired from the State
Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or
26812 of 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 I, 2013. Amended Stats 2013 .ch 528
§ 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January
1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015.
Annotations
Notes
Amendments:
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).
19 of 21 16 June 6, 2023, Item #3
GUARANTY
To the City of Poway, City Council, for:
AS-NEEDED ELECTRICAN SERVICES
The undersigned guarantees the work included in this project(s).
Should any of the materials or equipment prove defective or should the work as a whole
prove defective, due to faulty workmanship, material furnished or methods of installation,
or should the work or any part thereof fail to operate properly as originally intended and
in accordance with the Plans and Specifications, due to any of the above causes, all within
the number of months the site is to be maintained after date on which this Contract is
accepted by the City, or the date of recordation of Notice of Completion, whichever is the
later, the undersigned agrees to reimburse the City upon demand, for its expenses
incurred 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
Date
20 of21 17 June 6, 2023, Item #3
WORKERS' COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public
works Contract has been awarded shall sign the following certificate and shall submit
same to the City of Poway prior to performing any work on the Contract:
"I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for Workers' Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such
provisions before commencing the performance of the work of this Contract."
Contractor
By:
Title
Date
Section 3700 of the State Labor Code reads in part as follows :
"Every employer except the State shall secure the payment of compensation in one or
more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly
authorized to write compensation insurance in this state.
(b) By securing from the Director of Industrial Relations a certificate of consent to self-
insure, either as an individual employer, or as one employer in a group of
employers, which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self-insure and to pay any compensation that
may become due to his employees."
21 of21 18 June 6, 2023, Item #3