As-Needed HVAC Maintenance_ System Cleaning and Filter Replacement Services.pdf

REQUEST FOR PROPOSALS

AS-NEEDED HVAC MAINTENANCE, SYSTEM CLEANING

AND FILTER REPLACEMENT SERVICES

RFP No. 27-002

Proposal Release Date June 11, 2026

Proposal Submittal Due Date Thursday, July 2, 2026, 2:00 p.m.

City of Poway – Attn: Public Works Department 14467 Lake Poway Road, Poway, CA 92064 (FedEx, UPS, Hand-delivery)

PO Box 789, Poway, CA 92074 (USPS Mailing Address)

TABLE OF CONTENTS

SECTION I

REQUEST FOR PROPOSAL

SECTION II

GENERAL TERMS AND CONDITIONS

SECTION III

CONTRACTOR RESPONSIBILITIES

SECTION IV

TECHNICAL SPECIFICATIONS

SECTION V

PROPOSAL SUBMISSION REQUIREMENTS

SECTION VI

FIRM SELECTION

SECTION VII

DOCUMENTS TO BE SUBMITTED BY THE PROPOSER

PROPOSAL FORMS

FEE PROPOSAL

PROPOSAL TABLE - DIVISION I

PROPOSAL TABLE - DIVISION II

PROPOSAL TABLE - DIVISION III

QUALIFICATIONS

PROJECT/SERVICE EXPERIENCE

STATEMENT OF FINANCIAL RESPONSIBILITY, TECHNICAL ABILITY AND EXPERIENCE

SIGNATURE SHEET

REFERENCES

SUBCONTRACTORS

NON-COLLUSION AFFIDAVIT

APPENDIX A

EXHIBIT “A”

EXHIBIT “B”

GUARANTY

WORKERS’ COMPENSATION INSURANCE CERTIFICATE

APPENDIX B

FILTER SPECIFICATIONS………………………………………………………………...............................………90

SECTION II

GENERAL TERMS AND CONDITIONS

1. Request for Proposal (RFP) Document Wording: Notwithstanding the wording of this RFP, the words “bid” and “bidder” shall mean the same as “proposal” and “proposing contractor,” respectively.

2. Deadlines: Submittal packets in response to this RFP must be received by the Public Works Department by July 2, 2026, at 2:00 p.m. Responses received after this date will not be considered. Postmarked date will not constitute timely delivery. Contractors are solely responsible for ensuring timely receipt of their responses.

Event Date Time

Deadline for Written Inquiries 6/23/2026 5:00 p.m.

Final Inquiry Responses Released 6/25/2026

Proposals Due 7/2/2026 2:00 p.m.

Anticipated Award Date 8/4/2026

3. Delivery of Proposals: Four (4) printed proposals shall be enclosed in a sealed plain envelope and the package must be marked with the project title:

AS-NEEDED HVAC MAINTENANCE, SYSTEM CLEANING AND FILTER REPLACEMENT

SERVICES

RFP NO. 27-002

All proposals must be received by the City of Poway’s Public Works Department by the deadline stated above. Responses received after this date/time will not be considered. Postmarked date will not constitute timely delivery. Proposers are solely responsible for ensuring timely receipt of their responses.

Mail Delivery Hand Delivery Public Works Department Public Works Department City of Poway Administrative Building P.O. Box 789 Poway, CA 92074

14467 Lake Poway Road Poway, CA 92064

Late Submissions: A proposal received at the place designated above after the exact time specified for receipt will not be considered unless it is the only proposal received or it is received before award is made and was sent by registered or certified mail not later than the fifth calendar day before the date specified for receipt of proposals. The City of Poway must determine that the late receipt was due solely to mishandling by the City of Poway after receipt at the specified address.

The only acceptable evidence to establish the date of mailing of a late proposal is the US Postal Service postmark on the wrapper or on the original receipt from the US Postal Service. If the postmark does not show a legible date, the contents of the envelope or package shall be processed as if mailed late. Proposers should request postal clerks to place a hand cancellation postmark on both the receipt and the envelope or wrapper.

The only acceptable evidence to establish the time of receipt at the office identified for proposal opening is the time and date stamp of that office on the proposal wrapper or other documentary evidence of receipt used by that office. The proposal packet must contain all the required forms included in this Request for Proposal (RFP) packet. For a listing of the required forms, please see Section II, Item 13.

4. Correspondence and Additional Information: All questions about the Agreement and technical portions of the RFP, must be submitted in writing by June 23, 2026, at 5:00 p.m. to the City representative as follows:

City of Poway - Public Works Department Jennafer Steffen, Senior Management Analyst

AS-NEEDED HVAC MAINTENANCE, SYSTEM CLEANING AND FILTER

REPLACEMENT SERVICES

RFP NO. 27-002

14467 Lake Poway Road Poway, CA 92064 Email: jsteffen@poway.org

Proposing contractors are cautioned that any statements made by City staff that materially changes any portion of the RFP shall not be relied upon unless subsequently ratified by a formal written addendum to the RFP document.

5. Addenda: If any person contemplating submitting a proposal for the Agreement is in doubt as to the true meaning of any part of the specifications, or other Agreement documents, or finds discrepancies in or omissions from the specifications, they may submit to the City a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery.

Any interpretation or correction of the Agreement documents will be made by addendum duly issued by the Director of Public Works, or their designee. A copy of such addendum will be mailed or delivered to each person receiving a set of the Agreement documents. No oral interpretation of any provision in the Agreement documents will be made to any proposing contractor. In the event of a conflict between drawings and specifications, the specifications shall control.

Receipt of any addendum to the proposal shall be acknowledged by signing and returning the addendum with the proposal. The acknowledgment must be received by the City by the time and at the place specified for receipt of proposals.

6. Acceptance or Rejection of Proposals: The City reserves the right to reject any and all proposals submitted and/or request additional information for clarification. This RFP does not commit the City to award an agreement or pay any costs associated with the preparation of a proposal.

7. Selection of Contractor and Award of Agreement: The Agreement, if awarded, will be awarded to the proposing contractor who, in the sole discretion of the City, is determined to be best able to perform the Agreement in a manner most beneficial to the City. The selection shall be made based on demonstrated competence, professional qualifications and a fee schedule that is deemed by the City to be most advantageous.

8. Execution of Agreement: The successful proposer will be required to enter into a Service Agreement, see Appendix A. Please review this agreement document carefully and note in your proposal any exceptions or alterations to the agreement that you are requesting. Alterations or changes to the agreement that were not included in the proposal will not be considered after the selection of the Contractor. This also includes alterations, exceptions, or changes to the insurance and indemnity provisions referenced within the proposal. By requiring these requests to be made up front, the City can compare all respondents on an equal basis and take agreement exceptions into consideration in the selection process.

The Agreement shall be signed by the selected Contractor and returned, together with insurance policies and certificates of insurance, within ten (10) days, excluding Sundays and legal holidays, mailto:jsteffen@poway.org after the Notice of Award has been provided. Failure to execute the agreement, supply certificates of insurance, and copies of license forms as required within ten (10) calendar days after the Notice of Award has been transmitted, shall be just cause for annulment of the award. The award, if made, will be made within forty-five (45) calendar days after the proposal opening.

9. Proposing Contractors: Proposing Contractors shall consist of those persons or firms meeting the necessary qualifications to perform the services as specified.

10. Proposing Contractor Certification: The proposing Contractor agrees that submission of a signed proposal form is certification the proposing Contractor will accept an award made to it as a result of the submission.

11. Proposal Guarantees: Proposer agrees that his or her proposal shall remain open and not be withdrawn for a period of ninety (90) days from the deadline submittal.

12. Proposal Documents: Proposal documents may be obtained at the City of Poway Public Works

Department located at 14467 Lake Poway Road, Poway, California. The documents as listed below are intended to be complementary so that any and all work called for in one and not mentioned in another shall be executed as if mentioned in all documents. All proposing Contractors shall be responsible for familiarizing themselves with the conditions and requirements of the proposal prior to submitting one including any and all appendices.

13. Forms: No proposals will be considered unless submitted on the original forms provided by the City.

Proposals must be prepared in ink or typewritten and signed by the proposing contractor. All proposing contractors shall be responsible for familiarizing themselves with the conditions and requirements of the proposals prior to its submittal. Do not leave any lines on the proposal forms blank. Insert "No" or "N/A" [Not Applicable] on those lines where the proposing contractor is not considering. All proposal amounts shall be represented in written words and in figures.

Should there be a conflict between the written words and the figures, the written words shall prevail. Prior to proposal opening, corrections may be inserted; however, changes must be initialed in ink by the person signing the original proposal or by his authorized representative. In cases where the total proposal amount does not equal the unit prices multiplied by the quantities indicated, the unit prices shall govern.

Proposals shall specify the name or legal entity of the company and/or fictitious name under which business is conducted. Proposals must be submitted under the correct name of the company and signed by an authorized representative of the firm.

Required Proposal Forms (See Section VII – Documents to be Submitted by the Proposer):

1) Proposal Form

2) Fee Proposal

3) Qualifications

4) Project Experience

5) Statement of Financial Responsibility and Technical Ability and Experience

6) Signature Sheet

7) References

8) Subcontractor/Supplier List

9) Non-Collusion Affidavit

14. Proposal Withdrawal: A proposing contractor may withdraw a proposal prior to the time set for the opening of proposals by simply making a request in writing to the City; no explanation is required.

15. Collusion Among Proposing Contractors: Each proposing contractor, by submitting a proposal, certifies that she or he is not a party to any collusive action, fraud or any action that may be in violation of the Sherman Antitrust Act. The proposing contractor certifies that she or he has not offered or received any kickbacks or inducements from any other proposing contractor, supplier, manufacturer, or subcontractor in connection with the proposal and that she or he has not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value.

Any or all proposals shall be rejected if there is any reason for believing the collusion exists among the proposing contractors. The City may or may not, at its discretion, accept future proposals for the same work from participants in such collusion.

More than one proposal from an individual, firm, partnership, corporation, or association under the same or different names may be rejected. Reasonable grounds for believing that a proposing contractor has interest in more than one proposal for the work being proposed may result in rejection of all proposals in which the proposing contractor is believed to have interest.

Certification of Independent Price Determination: The proposing contractor certifies that the prices submitted in response to the solicitation have been arrived at independently and without any consultation, communication, or agreement with any other proposing contractor or competitor relating to those prices, the intention to submit a proposal, or the methods or factors used to calculate the prices proposal.

16. Debarment: By submitting a proposal, the proposing contractor certifies, under penalty of perjury, that neither it, nor any person associated with it in the capacity of owner, partner, director, officer, or manager (1) are currently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from submitting proposals for contracts issued by any city or political subdivision or agency of the State of California or the Federal Government; (2) have (within the three (3) year period preceding the submission of the proposal) been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction, violation of federal or state antitrust statutes, or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) are presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with the commission of any of the offenses described in clause (2), above; and (4) have (within the three (3) year period preceding the submission of the proposal) had one or more public transaction (federal, state or local) terminated for cause or default.

17. Errors in Extension: If the unit price and the extension price are at variance, the unit price shall prevail.

18. Evidence of Responsibility: Upon request of the City, a proposing contractor whose proposal is under consideration for the award of the Agreement shall submit promptly to the City satisfactory evidence showing the proposing contractor's financial resources, experience in similar type work and organizational resources available for performance of the Agreement.

19. Examination of Agreement Documents: Proposing contractors shall thoroughly examine, be familiar with the specifications, and verify any representations made by the City upon which the proposer will rely. The failure or omission of any proposer to examine any Agreement document, form, instrument, addendum, or other document, or to acquaint themselves with conditions therein existing, shall in no way relieve any proposer from obligations with respect to their proposal or to the Agreement. The submission of a proposal shall be taken as prima facie evidence of compliance with this section.

20. Exceptions: Proposing contractors taking exception to any part or section of the solicitation shall indicate such exceptions on the proposal form. Failure to indicate any exception will be interpreted as the proposing contractor’s intent to comply fully with the requirements as written. Conditional or qualified proposals, unless specifically allowed, shall be subject to rejection in whole or in part.

21. Expenses Incurred in Preparing Proposals: City accepts no responsibility for any expense incurred by the proposing contractor in the preparation and presentation of a proposal. Such expenses shall be borne exclusively by the proposing contractor.

22. Insurance: The selected contractor must furnish the City with proof of insurance. Notice of insurance cancellation shall be made to the City Clerk, in writing, 30 days prior to cancellation or material changes in insurance coverage.

Coverage: Contractor shall obtain and maintain during the life of the Agreement all of the following insurance coverage:

a. Comprehensive General Liability, including premises-operations, products/ completed, broad form property damage, and blanket Contractual liability with the following coverages:

i. $1,000,000 per person/per occurrence

ii. $2,000,000 aggregate per occurrence

iii. $500,000 property damage per occurrence

b. Automobile Liability, including owned, hired, and non-owned vehicles with the following insurance coverages:

i. $1,000,000 combined single limit

c. Workers’ Compensation, in statutory amount. All of the endorsements that are required above shall be obtained for the policy of Workers’ Compensation insurance.

Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions:

a. Additional Insured. (Not required for Professional and Omissions Liability Insurance or Workers’ Compensation.)

The City must be named as an “Additional Insured” on the policy. The Additional Insured Endorsement is generally a separate endorsement form and rarely is it acceptable to name the City as “Additional Insured” only on the face of the Insurance Certificate. A Blanket Endorsement authorized by the Insurance Carrier is acceptable, but we still need the form on file. The preferred language for the Endorsement form is: “City of Poway and its elected and appointed boards, officers, agents, and employees are additional insured’s with respect to this subject property 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.”

Insurance Certificates: Contractor shall provide the 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 the Agreement (refer to the Insurance Code of the State of California).

The issuing company:

a. Shall be an "admitted surety" or an insurance company listed by the State Insurance

Commissioner; and

b. Shall have a rating in the latest Best's Rating Guide of "A-" or better and Class VI or better; or be "treasury listed" for the size of risk to be undertaken.

In the event that the company does not satisfy subsection (b) above, the City Attorney or City Manager may only approve such company if the small size of the insurance or surety obligation or other risk factor justify approval, and satisfactory evidence is produced by the company that its financial responsibility and performance capability are sufficient to insure or secure adequately the risk obligation (see City Council Resolution 90-082).

23. Length of Agreement: The length of this Agreement shall be for two (2) years beginning July 22, 2026, through June 30, 2028. The Agreement may be extended for up to three (3) additional one-year terms for a maximum agreement length of up to five (5) years. The option to renew may be by mutual agreement between the City and the selected Contractor. Award of the Agreement and any agreement extensions are subject to City Council appropriation of funds. Each renewal period (fiscal year), 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, 2028. (The length of the Agreement may vary depending upon the award of Agreement and the availability of Contractor to provide all necessary insurance and documentation to start work). The start date may vary depending upon the date of the City Council’s acceptance of the new Agreement.

24. Qualifications of Proposing Contractors: The proposing contractor may be required, before the award of Agreement, to show to the complete satisfaction of the Director of Public Works that it has the necessary qualifications, and ability to provide the service(s) specified therein in a satisfactory manner. City may make reasonable investigations deemed necessary and proper to determine the ability of the proposing contractor to perform the work, and the proposing contractor shall furnish to the City all information for this purpose. Evaluation of the proposing contractor’s qualifications shall include, but not be limited to:

a. The ability, capacity, skill, and financial resources to perform the work or provide the service required.

b. The ability of the proposing contractor to perform the work or provide the service promptly or within the time specified, without delay or interference.

c. The character, integrity, reputation, judgment, experience, and efficiency of the proposing contactor.

d. The quality of performance of previous contracts or services.

25. Antitrust: By entering into the Agreement, the selected contractor conveys, sells, assigns, and transfers to the City all rights, titles, and interest it may now have or hereafter acquire under the antitrust laws of the United States and the State of California that relate to the particular goods or services purchased or acquired by the City under said Agreement.

26. Applicable Law: The Agreement shall be governed in all respects by the laws of the State of

California, and any litigation with respect thereto shall be brought in the courts of the State of California. The Contractor shall comply with applicable federal, state, and local laws and regulations.

27. Assignment: The selected contractor shall not assign, transfer, convey, sublet, or otherwise dispose of any award or any or all of its rights, title, or interest therein, without the prior written consent of the Director of Public Works, or their designee.

28. Certificates and Licenses: The selected contractor, without additional cost to the City, shall have valid licenses and certificates required for performance of the work. Copies shall be delivered to the City no later than ten (10) days, excluding Sundays and legal holidays, after the Contractor receives the notice of award from the City. Current copies of licenses and certificates shall be provided to the City within twenty-four (24) hours of demand at any time during the Agreement term. Contractor shall obtain and maintain all required permits, licenses, registrations, certifications, and insurance required by federal, state and local agencies.

a. A business license or certificate valid in the City of Poway;

b. C-20 Contractors License; and

c. Other permits or licenses to complete the work (e.g., San Diego County Department of Environmental Health permit)

California Air Resource Board Requirement – The Contractor shall submit copies of the valid Certificates of Reported Compliance, including from the listed subcontractors when the work involves the operation of self-propelled off-road diesel vehicles 25 horsepower or greater and most two-engine vehicles, including vehicles that are rented or leased. Failure to provide the Certificates of Compliance may render a bid non-responsive. A Contractor claiming an exemption to this requirement shall provide an explanation with detailed reasoning signed by the Contractor and will be reviewed for compliance by the City.

29. Change in the Scope of Work: The City may order changes in the work consisting of additions, deletions or other revisions within the general scope of the Agreement. No claims may be made by the selected contractor that the scope of the project or of the Contractor’s services has been changed, requiring changes to the amount of compensation to the Contractor or other adjustments to the Agreement, unless such changes or adjustments have been made by written agreement to the Agreement signed by the Director of Public Works, or their designee, and the selected contractor.

If the selected contractor believes that any particular work is not within the scope of the project, is a material change, or will otherwise require more compensation to the Contractor, the selected contractor must immediately notify the Director of Public Works in writing of this belief. If the Director of Public Works believes that the particular work is within the scope of the Agreement as written, the selected contractor will be ordered to and shall continue with the work as changed and at the cost stated for the work within the scope.

30. Agreement Documents: The specifications [general and technical], the selected proposal, supporting data and addenda shall become a part of the executed Agreement. The City has no obligation to accept any omissions or exceptions. In the event of a conflict between documents, the following order of precedence shall apply:

a. City of Poway Agreement

b. City of Poway Request for Proposal

c. Proposer's Response

All proposing contractors shall be responsible for familiarizing themselves with the conditions and requirements of the proposal prior to submittal, including any and all appendices.

31. Extra Work: All extra work is to be approved in writing by the Director of Public Works, or their designee, before the work is performed. In no event will extra work be paid for without proper authorization. Work not identified in the Agreement will be billed on a time and materials basis using the same standard hourly rate (which shall include labor, vehicle use, tools, and equipment, overhead and profit). For the purpose of proposal evaluation, proposing contractors shall enter on the Fee Schedule the rates for the requested categories.

32. Failure to Deliver: In the event of failure of the selected contractor to deliver services in accordance with the Agreement terms and conditions, the City, after due oral or written notice, may procure the services from other sources and hold the Contractor responsible for any resulting additional purchase and administrative costs. This remedy may be in addition to any other remedies that the City may have.

33. Failure to Enforce: Failure by the City at any time to enforce the provisions of the Agreement shall not be construed as a waiver of any such provision. Such failure to enforce shall not affect the validity of the Agreement or any part thereof or the right of the City to enforce any provision at any time in accordance with its terms.

34. Force Majeure Clause: The parties to the Agreement shall be excused from performance during the time and to the extent that they are prevented from obtaining, delivering, or performing by act of God, fire, strike, loss, shortage of public transportation facilities, walkout or commandeering of materials, products, or facilities by the government provided that the nonperformance is not due to the fault of neglect of the Contractor/supplier. In such cases, however, satisfactory evidence thereof must be presented.

35. Indemnification: The selected contractor shall act as an independent contractor and will not be an agent or employee of the City. Contractor shall not represent or otherwise hold out itself or any of its subcontractors, sub-subcontractors, directors, officers, partners, employees, or agents to be an agent or employee of the City.

City and its elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "Indemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, defend, protect and hold harmless Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims"), which Indemnitees may suffer or incur or to which Indemnitees 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 or allegedly caused by Contractor's use of the City’s property or Contractor’s performance under this Agreement.

If any action or proceeding is brought against Indemnitees by reason of any of the matters against which Contractor has agreed to indemnify Indemnitees as provided above, Contractor, upon notice from City, shall defend Indemnitees at Contractor’s expense by counsel acceptable to City, such acceptance not to be unreasonably withheld. Indemnitees need not have first paid for any of the matters to which Indemnitees are entitled to indemnification in order to be so indemnified. The insurance required to be maintained by Contractor under Section II, Item 22, shall ensure Contractor’s obligations under this section, but the limits of such insurance shall not limit the liability of Contractor hereunder. 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 under Section II, Item 22. The provisions of this section shall survive the expiration or earlier termination of this Agreement. The provisions of this section do not apply to claims occurring as a result of this City's sole negligence or willful acts or omissions. The parties agree to cooperate fully in the resolution of any claims for such liability, loss, or damage.

36. 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 shall assume 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; and (b) Contractor agrees 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.

37. Liquidated Damages: Work Not Performed or Work Performed in an Unsatisfactory Manner -

In the event the selected contractor is prevented from completing the work as scheduled because of reasons other than emergency circumstances (which will be reviewed by the Director of Public Works to determine validity), the selected contractor, in addition to not being paid for the unperformed work, will be assessed damages in the amount of 100% of the value of the work not performed, according to the schedule of prices agreed upon.

38. Oral Statements: No oral statement of any person shall modify or otherwise affect the terms, conditions, or specifications stated in this Agreement. All modifications to the Agreement must be made in writing by the City.

39. Payment Terms: Unless otherwise indicated in the proposal form, payment terms will be net thirty

(30) days. The City of Poway will pay the Contractor within thirty (30) days after the receipt of a correct invoice for reasonable work allocable to the Contractor or after the date of acceptance of work that meets Agreement requirements, whichever event occurs later.

Payment, however, may be delayed due to unsupported billings other than monthly services, or for monthly services should work be found unsatisfactory having incurred payment penalties as described in Sections II, item 32, Failure to Deliver, and/or Section II, item 37, Liquidated Damages, or from cost recovery due to misuse of City facilities (e.g., telephone) by Contractor’s staff.

40. Right of Setoff: Whenever, under the Agreement, any sum of money shall be recoverable from or payable by the selected contractor to the City, the same amount may be deducted from any sum due to the Contractor under the Agreement or under any other agreement between the Contractor and the City. The rights of the City are in addition and without prejudice to any other right the City may have to claim the amount of any loss or damage suffered by the City on account of acts or omissions of the Contractor.

41. Suspension or Termination Without Cause: The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the selected contractor at least ten (10) working days prior written notice with cause or sixty (60) days without cause. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement.

In the event this Agreement is terminated pursuant to this section, the City shall pay the Contractor for services rendered up to the time of termination. Upon termination of the Agreement pursuant to this section, the Contractor shall submit the final invoice to the City within ten (10) working days of the last date of work performed.

42. Wage Rate: Pursuant to the Labor Code of the State of California, or local laws applicable thereto, the City has ascertained that the Contractor shall be responsible for paying at least minimum wage as established by the State of California, Department of Industrial Relations (Labor Code section 1770). The selected contractor and all subcontractors are required to keep accurate payroll records.

This section specifies the content thereof, inspection and duplication procedures, and certain notices required of the Contractor pertaining to their location.

[Remainder of Page Left Blank Intentionally]

SECTION III

CONTRACTOR RESPONSIBILITIES

1. Duties of Contractor: During the term of this Agreement, the selected Contractor shall perform all work as described in Section IV, Technical Specifications, and the following:

a. Ensure that all Contractor employees are properly trained prior to start of Contract and each year thereafter, at such time as new hazards are introduced on the job, or when new employees are added to the roster.

b. Provide uniforms including brightly colored traffic vests or reflectors to personnel when interacting with vehicular traffic and the washing (and decontamination as necessary) of uniforms.

c. Develop personnel policies.

d. Provide inspection procedures and periodic inspection of facilities.

e. Maintain Material Safety Data Sheets (SDS) at facilities for Contractor and City employee reference.

f. Maintain a chemical inventory list

g. Conform to all applicable Cal-OSHA, DOT, California Air Resource Board, and EPA regulations, including Cal-OSHA’s Hazard Communications Standard.

h. Conform to all other applicable Federal, State, and Local regulations.

Contractor shall be properly equipped with all machinery, equipment, tools and supplies necessary to complete the work. Equipment shall be mobile and consistent with the current standards in the industry, clean, modern, and maintained in good mechanical, proper working condition at all times.

Contractor shall, at all times, arrive on the job site fully equipped to perform the work unless there are extenuating circumstances and there is a need for specialized machinery, equipment, tools and/or supplies.

2. Contractor Personnel: The City shall, throughout the life of the Agreement, have the right of reasonable rejection and approval of staff or subcontractors assigned to the work by the selected contractor. If the City reasonably rejects staff or subcontractors, the selected contractor must provide replacement staff or subcontractors satisfactory to the City. The day-to-day supervision and control of the selected contractor’s employees and subcontractors is the sole responsibility of the selected contractor. Contractor will perform all work in a timely and workmanlike manner, using only qualified technicians with a minimum of five (5) years of experience with equipment in the contract, and will adhere to all code standards of the City of Poway, EPA and any other state and federal requirements.

3. Unauthorized Personnel: Employees of the Contractor shall not be assisted nor accompanied by an individual that is not an employee of the Contractor, while performing duties related to the Agreement. This includes friends, children and/or relatives.

4. Independent Contractor: The selected Contractor shall act as an independent Contractor and will not be an agent or employee of the City. Contractor shall not represent or otherwise hold out itself or any of its Subcontractors, sub-Subcontractors, directors, officers, partners, employees, or agents to be an agent or employee of the City. Contractor shall indemnify and otherwise hold harmless the City, and its officials, officers, directors, employees, agents, other representatives, from all liability, loss, or damage (including reasonable attorney's fees or other costs of defense) resulting from damage or injury to persons or property caused, or claimed to have been caused, by acts or omissions of the Contractor or any of its Subcontractors, Sub-subcontractors, directors, officers, partners, employees, or agents in the course of or in connection with the Contractor's performance under the Agreement. The parties agree to cooperate fully in the resolution of any claims for such liability, loss or damage.

5. Security and Safety: All employees of the Contractor shall be screened using previous work records for ability, reliability, and eligibility. Complete employee records are to be maintained by the Contractor on each individual employed by the Contractor. Only regularly assigned employees or crews shall perform work on City premises during authorized hours.

6. Equal Employment Opportunity: The selected contractor shall not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. Contractor shall take affirmative action to ensure that all employees and applicants for employment shall be treated with equality in all aspects of employment processes including, but not limited to: hiring, transfer, promotion, training, compensation, and termination; regardless of their race, creed, color, sex, national origin, age, or physical handicap.

7. Quality Control: The selected contractor shall institute and maintain throughout the Agreement period a properly documented quality control program designed to ensure that the services are provided at all times and in all respects in accordance with the Agreement. The program shall include providing daily supervision and conducting frequent inspections of the Contractor’s staff and ensuring that accurate records are maintained describing the disposition of all complaints. The records so created shall be open to inspection by the City and made available upon request.

8. Quantity and Quality of Materials or Services: All goods or services furnished must meet the specifications prescribed by the City. Materials shall be delivered on site in original unopened containers. Materials are subject to inspection. Materials, which do not meet specifications or equal the quality of the sample provided when applicable, shall be rejected.

9. Local Office: It is preferred the selected contractor maintain a local office within the County of San

Diego within a 50-mile radius of the City of Poway limits and shall have a competent representative available during working hours to discuss matters pertaining to the contract and who can make authoritative decisions.

At all times during the term of this contract, the selected contractor shall provide the City with a twenty-four (24) hours per day, seven (7) days per week emergency phone number. An answering service is not acceptable, except when forwarding oral complaints (which shall be followed by written notice). Within four (4) hours after an emergency call is made requesting the contractor to perform emergency services, the contractor shall be on site to commence the required service. Failure to respond in such time shall result in a $200.00 penalty for each occurrence.

A valid/active e-mail address that is monitored twenty-four (24) hours per day, seven (7) days per week shall be required to receive written notices and authorizations for emergency services.

Changes shall be provided to the City in writing within twelve (12) hours of any such change. Failure to maintain this information in a current state may result in $200 penalties for each occurrence.

10. Productive Man-hours: The determination of the total daily productive man-hour requirements for the performance of all services herein is the sole responsibility of the Contractor. It is of the utmost importance that the Contractor utilizes skilled and productive manpower in order to satisfactorily furnish the required level of service specified in this solicitation. Failure on the part of the Contractor to utilize skilled and productive manpower may produce unsatisfactory results, which may cause the Director of Public Works to make adjustments to the Contractor's invoice(s) for unsatisfactory or omitted work.

11. Cooperation and Coordination with other Contractors: The Contractor shall cooperate with all other contractors who may be performing work on behalf of the City and workers who may be employed by the City on any work in the vicinity of the work to be done under this 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.

12. 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.

13. Invoices: The selected Contractor shall maintain written records of personnel and their work assignments. These shall include hours worked (time in/time out), facility assignment(s), and any work-related accidents, etc. Where the Contractor is required to pay prevailing wages, certified payrolls for each employee shall be maintained by the Contractor as required by Labor Code section 1776. These records shall be made available to the City upon request and must be maintained for not less than ten (10) years. Each assignment will be invoiced separately. Payment may be withheld until all adequate documentation is provided.

Separate invoices shall be submitted for each of the following:

Library Performing Arts Center All other City buildings

All incidental costs, including allowances for profit, tools of the trade, and chemicals used must be included in the contract rates.

14. 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) 668-4700 or the designated Contract Specialist.

15. 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.

16. 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.

17. Litter Control: All debris generated by Contractor in the performance of work required in these specifications shall be removed from the site and properly disposed of by Contractor. Should Contractor not be able to self-haul, Contractor must contact the City's exclusive franchise hauler (presently EDCO Waste and Recycling Services) for services. The Contractor shall not enter into a contract with any hauler other than the City's franchise hauler.

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.

18. Project Inspections: The City will periodically inspect each project location for compliance with these specifications.

SECTION IV

TECHNICAL SPECIFICATIONS

Purpose/General Requirements: The purpose of this contract is to provide comprehensive HVAC Maintenance and control services for various City of Poway facilities. The City proposes to contract with a contractor that is proactive in their work standards and can meet the qualifications set forth in this proposal package. The successful company shall be familiar with and have the ability to provide routine maintenance of the City’s HVAC control system.

Division I - Specifications for Full Coverage HVAC Maintenance

Includes all costs to maintain and repair HVAC or mechanical systems. The coverage includes the task list and any other task list deemed necessary by the City or the Contractor for the proper maintenance of the system. The coverage does not include repairs made due to acts of God, cleaning of the system, or repairs over $200 made to the ducting system or non-mechanical stationary equipment supports.

a. Repairs made during normal working hours are included at no additional cost.

b. Repairs made outside normal working hours are included at no additional cost.

c. Any additional costs to perform work or repairs by other companies are included.

d. All repair parts, including all damper actuator motors and valves, are included at no additional cost. All fittings shall be greased.

e. One inspection bi-monthly of each roof top, split system or package unit, air handler and chiller listed. Contractor to follow scope of service detailed in subsequent sections.

f. All units listed with this service plan will have service within one hour of trouble call and repaired with a four-hour minimum. Service provider to stock adequate parts to ensure seamless operation.

g. All fan and drive belts listed on equipment will be replaced at a minimum of once per year.

h. Change and date air filters bi-monthly. The City requires 30-35% Efficient Pleated filters to be used in all HVAC systems. HEPA box filters are required at the Library.

i. Perform bi-annual cleaning in spring and fall of all air-cooled condensers to improve system efficiency.

j. Clean all evaporator coils to improve system efficiency. Annual steam cleaning.

k. All compressors that require replacement or rebuilding are included at no additional cost, including refrigeration re-charging.

l. Provide an electronic detailed copy of service and/or repair performed on each unit after service and/or repair is performed. Include facility name, address, model and serial number of equipment and work performed, including monthly, quarterly, bi-annual and annual maintenance tasks.

m. Provide an updated list of City inventory as changes occur.

n. It is the sole responsibility of the service provider to maintain the units at their highest efficiency at all times.

o. A phone number must be provided for 24/7 service and the same technician is preferred on all service repair calls, both regular and emergency service.

p. The Contractor is responsible to clean and keep neat all of the City’s mechanical rooms.

No storage permitted. All used filters and boxes must be removed.

q. If a device or component of an HVAC system fails under normal operating conditions, the Contractor shall provide all required parts and labor at no additional cost to the City.

The Contractor may charge for parts and labor only when the failure is determined to have been caused by misuse, vandalism, negligence, or damage caused by the City or other third parties

r. All extra work will be quoted and agreed upon by the City Representative using the contracted labor rates.

PRE-PACKAGED HVAC UNITS, WINDOW UNITS, HEAT PUMPS, AND SPLIT SYSTEM HVAC

UNITS AIR-COOLED CONDENSERS MASTER TASK LIST

Quarterly Inspections:

1. Check coils

2. Check for unusual noises and or vibrations

3. Check condition of belts and pulleys (if applicable)

4. Inspect bearings

5. Check oil level

6. Check and test all operating and safety controls and unit operation

7. Check auxiliary equipment operation

8. Check refrigerant and oil levels, fill/recharge as needed

9. Log all operating conditions after unit stabilizes.

Annual Inspections:

1. Clean coils

2. Replace belts and pulley.

3. Check and record head pressure

4. Check and record suction pressure

5. Check and record compressor starting amp draw

6. Check and record compressor running amp draw

7. Run oil analysis

8. Grease and lube bearings

9. Clean exhaust fans

10. Check quick…