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HomeMy WebLinkAboutWeatherproofing Technologies Inc; 2008-03-21; PEM987AMENDMENT N0.2 TO EXTEND AGREEMENT FOR ROOF INSPECTION AND MAINTENANCE SERVICES Weatherproofing Technologies, Inc PWGS360 This Amendment No. 2 is entered into and effective as of the /?% day of 'Ly , 20&, extending and amending the agreement dated March 21, 2008: (the "Agreement") by and between the City of Carlsbad, a municipal corporation. ("City"), and Weatherproofing Technologies, Inc, ("Contractor") (collectively, the "Parties") for roof inspection and maintenance services. RECITALS A. On November 21, 2008, the Patties executed amendment No. 1 to the Agreement to add additional inspection and maintenance locations and to increase the total compensation amount of the agreement to Fifty Thousand dollars ($50,000) per agreement year; and B. The Parties desire to extend and fund the Agreement for a period of two years, NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of two years ending on March 21, 2012 on an agreed price and on a time and materials basis not-to-exceed Fifty Thousand dollars ($50,000) per agreement year. 2. City will pay Contractor for all work associated with those services on a time and materials basis not-to-exceed Fifty Thousand dollars ($50,000) per agreement year. Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 4. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version #05.22.01 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California *BY (srgn here) V Deryl Kratrer Pr~zirlent (pr~nt namelt~tle) ATTEST dkrat7er@trpmcoinc.com (e-mail address) - (s gn here) dcdm TJA~~ .LC .fm~u.pa (print nameltitle) /Y/>fld**~ L JiZEum ~JC. cbw (e-mail address) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. **Group B. Chairman, Secretary, &resident, or Assistant Secretary, Vice-president JCFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By * eputy City Atto ney City Attorney Approved Version #05.22.01 2 License Number: Business Information: Entity: Issue Date: Reissue Date: Expire Date: License Status: 274072 Extract Date: 03/25/2010 WEATHERPROOFING TECHNOLOGIES INC 3735 GREEN ROAD BEACHWOOD, OH 44122 Busmess Phone Number (216) 292-5000 Corporation 02/08/1972 I010211 991 101311201 1 This license is current and active. All information below should be reviewed. Classifications: C39 ROOFING B GENERAL BUILDING CONTRACTOR Bonding: Workers' Compensation: Th~s license filed Contractor's Bond number 5444018 in the amount of $12,500 with the bonding company GREAT AMERICAN INSURANCE COMPANY. Effective Date: 01/01/2007 Contractor's Bondinq History 1. This license filed Bond of Qualifying Individual number 5444006 for STEVEN LEMOIN JONES in the amount of $12,500 with the bonding company GREAT AMERICAN INSURANCE COMPANY. Effective Date: 01/01/2007 BQl's Bondins History 2. This license filed Bond of Qualifying Individual number 7010758 for DOUGLAS ROBERT TIMMER in the amount of $12,500 with the bonding company GREAT AMERICAN INSURANCE COMPANY. Effective Date: 01/01/2007 BQl's Bondlnq H~storv This l~cense has workers compensation insurance with the AMERICAN ZURICH INSURANCE COMPANY Policy Number: WC925878802 Effective Date: 04/0112009 Expire Date: 04/01/2010 Workers' Corn~ensation History AMENDMENT NO.1 TO AMEND AGREEMENT FOR ROOF INSPECTION & MAINTENANCE SERVICES (Weatherproofing Technologies, Inc) PWGS360 This Amendment No. 1 is entered into and effective as of the o* day of , 2008, amending the agreement dated March 21,_ _ 2008, (the "Agreement ) by and between the City of Carlsbad, a municipal corporation, ("City"), and Weatherproofing Technologies, Inc, ("Contractor") (collectively, the "Parties") for Roof Inspection & Maintenance Services RECITALS A. The City has removed the temporary Fire Station 6 located at 3131 Levante Street (office trailer and garage) from the contract; and B. The Parties have negotiated and agreed upon a new Scope of Services and Fee for services at the Library Learning Center located at 3368 Eureka Place and the new Fire Station 6 located at 7201 Rancho Santa Fe Rd attached hereto as Exhibit "A"; and C. The Parties desire to increase the total agreement amount to an amount not to exceed Fifty Thousand dollars ($50,000) per Agreement year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". 2. City will pay Contractor for all work associated with the original Agreement dated March 21, 2008, and with those services described in Exhibit "A" on a time and materials basis not to exceed Fifty Thousand dollars ($50,000) per Agreement year. Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit "A" by March 21, 2009 and by March 21 in each subsequence Agreement year. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version #05.22.01 6. The individuals executing this Amendment and the instalments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR *By: (sign here) y .(print name/tltle) (e-mail address) (sign here) EJLi.ch.ae1 .il Daiam i Treas (print name/title) n]dri|mm@.trgpicQin.c..cQm. t.. (e-mail address) CITY OF C/yRU corporation By: If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. *Group B. Secretary, Assistant Secretary, or Assistant Treasurer *Group A. Chairman, "President, or Vice-President Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney City Attorney Approved Version #05.22.01 EXHIBIT "A" SCOPE OF SERVICES AND FEE ROOF INSPECTION & MAINTENANCE SERVICES PWGS 360 FACILITY NAME Library Learning Center Fire Station 6 TOTAL ESTIMATED ANNUAL SERVICE COSTS ADDRESS 3368 Eureka Place 7201 Rancho Santa Fe Road ANNUAL FEE $467.50 $680.00 $1,147.50 City Attorney Approved Version # 05.22.01 AGREEMENT NO. PWGS360 FOR ROOF INSPECTION & MAINTENANCE SERVICES Weatherproof ing Technologies, Inc. TMIS AGREEMENT is made and entered into as of the °^ day _, 2008, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Weatherproofing Technologies, Inc., a Corporation, ("Contractor"). RECITALS A. City requires the professional services of a contractor that is experienced in inspection, maintenance, and repair of Tremco roofs. B. Contractor has the necessary experience in providing professional services and advice related to inspection, maintenance, and repair of Tremco roofs. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two years from the date first above written. The City Manager may amend the Agreement to extend it for three additional three year periods or parts thereof in an amount not to exceed twenty eight thousand one hundred fifty dollars and zero cents ($28,150.00) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. City Attorney Approved Version #11.28.06 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be twenty eight thousand one hundred fifty dollars and zero cents ($28,150.00). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. City Attorney Approved Version #11.28.06 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liability Insurance. $1.000.000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. City Attorney Approved Version #11.28.06 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. City Attorney Approved Version #11.28.06 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: Greg Clavier PW Manager, General Services Public Works-General Services City of Carlsbad 405 Oak Av 760-434-2980 For Contractor: NAME pgryi Kratzer TITLE President ADDRESS ms R Boachwood OH—/I/I122 PHONE 216-766-5555 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. City Attorney Approved Version #1 1 .28.06 Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. City Attorney Approved Version #11.28.06 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor 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 this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.. the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor City Attorney Approved Version #11.28.06 acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY 0 corpora icipal rnia (sign here) Beryl Kratzer. President(print name/title) Hkrat.7prOt.rpmr.m'nr. r.nm ATTEST: (e-mail addres Bv: (sign here) (print name/title) ' ;<*. ••' , ' " '-. 8 City Attorney Approved Version #11.28.06 If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. *Group A. **0roup Pt Chairman, Ge.ere.tai'j1,*. President, or Ajaiatont Goorotary, Vice-President Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By:_ Deputy City Attorney City Attorney Approved Version #04.01.02 EXHIBIT "A" SCOPE OF SERVICES PWGS360 Roof Inspection & Maintenance Services 1. Contractor agrees to perform predicitive roof maintenance as outlined in the attached TREMCO TREMCARE Predictive Maintenance Program (attachment 1). 2. Contractor agrees to provide access to maintenance information via the On- line Information System as outlined in the attached documentation therefore (attachment 2). 3. The Contractor shall incorporate and comply with all applicable Best Management Practices (BMPs) during the completion of this agreement. All work must be in compliance with the most current San Diego Regional Water Quality Control Board (RWQCB) permit, Carlsbad Municipal code and the City of Carlsbad Jurisdictional Urban Runoff Management Plan (JURMP) incorporated herein by reference. The Contractor shall indicate in his proposal methods of compliance, equipment utilized to insure compliance, training of staff and experience in compliance with environmental regulations. If in the opinion of the project manager, the Contractor is not in compliance with this provision City reserves the right to implement BMPs to the maximum extent practical, and deduct payment due or back charge the Contractor for implementation with a 15% markup for administration and overhead. 10 Attachment 1 iiaSliiGS TREMCARE Predictive Maintenance Program "Providing Rooting Peace of Mind" Tremco is pleased to introduce to our customers the TremCare© Predictive Maintenance Program that is a state of the art solution mat is unlike any traditional roofing warranty or preventive maintenance program. The TremCare© Predictive Maintenance Program shifts the risk from the building owner or facility Management Company to Tremco. Tremco, the first roofing manufacturer to receive the ISO 9001 certification for both their manufacturing and their service division, understands that facility managers are interested in long-term performance for their roofs to maximize investment return by having the ability to fix operating costs. With that in mind, Tremco is providing facility mangers the ability to purchase peace of mind for their biggest asset — the roofs on their buildings. This peace of mind is embodied in a performance warranty that is a hybrid of a product and a service as well as an extended warranty. Currently WTI, Tremco's ISO 9001 service corporation, currently has over 170,000,000 square feet and 21,500 roofs under roof maintenance agreements throughout North America. Building owners' and facility managers' decision of maintenance services typically are influenced by the warranties provided. Such conventional warranties provided by roofing material manufacturers or building contractors are not intended to transfer any substantive risk from me building owners to the warranty providers. Most roof system warranties for an existing roofs or buildings are reactive rather than pro-active. In addition, the typical roofing warranties provide for only limited repairs once a problem is detected and only if the problem is included within the warranty's limited coverage. A traditional warranty falls short of meeting the need for roof system maintenance whereas the TremC*re© Predktive Maintenance Program will assume the risk of leak responsibility and roof maintenance from the building owner or the property manager by taking a pro-active approach. Periodic roof maintenance plays an important part in the life of your roof system. When a maintenance program is property executed, it will add years of service to the roof by detecting minor problems before they become major, as well as providing better protection tor your building. Although best initiated when a roof is designed and installed, a preventative maintenance program, in most cases, can be implemented at any time and extend the service life of your roof. At the core of the Tremco Performance Warranty is our comprehensive roof maintenance and management program designed to preserve your roofs integrity and prevent it from deteriorating prematurely. Customized to suit your building and budgetary needs, TremCare provides an extensive and pro-active approach to roof maintenance for both new and aging roofs. By being pro-active Tremco, under its TremCare© Predictive Maintenance Program, will assume the risk associated by: 1. Repairing the roof to reach the start-up standard if any of the existing conditions are below the predetermined start-up standard. This may include finding and fixing vulnerable areas, cleaning gutters and drains and keeping accurate detailed records. Note: Preventive maintenance involves work that is meant to keep the roof in its present condition. It does not include extensive repairs or restoration of a deteriorated roof intended to improve its condition to a maintainable roof. All requisite repairs are listed apart from the maintenance agreement for budgetary purposes. 2. Providing a warranty on the roof in conjunction with a purchase of an initial maintenance service, including transferring from owner to Tremco the risk of roof leak responsibility and for maintaining the roof during a specified time period. 3. Developing a maintenance schedule, maintaining the roof and documenting the maintenance work performed according to the maintenance schedule to fulfill the warranty. 4. Performing documented emergency service to the roof on an as needed basis. 5. The benefit of establishing on ongoing preventive-maintenance program, as contained in the TremCareC Predictive Maintenance Program, is that it allows for a planned, organized approach to management of capital expenditures, as well as transferring the risk of leaks and of maintaining the roof of the building from the building owner or facility manager to Tremco as provider of the service and performance-based warranty. This unique solution is expect to provide roofing peace of mind to building owners and manufactures across the Nation. 6. This program can be purchased on an annual basis, or for greater economy, can be procured in a 5-year package to realize a 9% overall savings. 11 Installation of Tremco's Predictive Maintenance and Online Roof Information Management Programs to include the following: I , Leak repairs and 24 - hour Leak Response Hotline 2. Inspections twice per year by Weatherproofing Technologies, Inc. personnel 3. Predictive Maintenance twice per year and after any major storms by WTJ personnel 4. Housekeeping Services twice per year and after any major storm by WT1 personnel 5. Storm Reports: Professional Inspections by WTl personnel after major storms to identity and repair damage and to provide insurance documentation 6. Quarterly and Annual Leak Reports: * Time and date of reported leak * Repair start and completion date * Cause of the roof leak * Additional work required with scope of work included &, Tr«f*K't> Online Roof Information !Vla.tiiigeoHsnt Pro|inmi * TEN YEAR BUDGET FORECAST TOOL. FOR EVERY ROOF LEVEL UNDER THE PM PROGRAM * Detailed analysis of each roof level construction and condition * Recommendations, budget estimates and timetables for each roof level * All warranty documents in viewable format * Digitized color photos of each roof level * Detailed CADD drawings for each roof level * Analysis of inflationary effects on your roofing assets Value: * Identify where timely repairs can eliminate the need for costly replacement * Manipulate financial data as your needs and budgets change * Schedule and coordinate work flow to your exact specification and time table * Create a variety of reports to illustrate asset management and preservation and to assist in budget acquisition * Pro-actively manage and preserve your roofing, waterproofing and HVAC assets before costly failures occur and forecast asset maintenance years in advance. '• CAN BF OFFERED AS AN HVAC: FACADE, WINDOW, DECKING & PARKING LOT MAINTENCE PROGRAM Gratefully, Matt Fugmann Senior Field Advisor Tremco, Inc. Roofing & Building Maintenance Division 760-754-5227 office 760-754-8357 fax 760-271-5622 mobile injfircmco@cox.nel 12 Weatherproofing Technologies, Inc. (WTI), the service division of Tremco Incorporated, offers a full range of sophisticated analytical, maintenance and i nformation-based services with one simple goal-to maximize the life of your roof and protect the value of your building. What condition is your roof? Leaks. Debris. Minor imperfections. All can start out as small problems, only to snowball into large and expensive issues down the road. Fortunately, you can eliminate such costly developments through a preventive maintenance program called TremCare*. With it, you can reduce your total rooting costs by significantly extending the service life of your roof. STAY ON TOP OF YOUB TremGare is a comprehensive roof management and care program that helps prevent premature deterioration and keep your roofing assets in top working order. Performing regularly scheduled inspections, housekeeping and maintenance assure that corrective action is taken when needed to prevent costly emergency repairs and their associated downtime. Available for new roofs or existing roofing systems, TremCare programs are carefully prepared and customized to suit your building and budgetary requirements. All the more reason to proactively maintain your roofing assets, starting today. For only pennies a square foot, TremCare could save you thousands throughout the life of your roof. a50 YEARLY ROOFMAINTENANCE BUDGET _j|^H^H Acceptable •B^^w^^BIidffrfoSipS?» Level jBBSSE^H 13 PROTECT YOUR ROOF. MAXIMIZE ROOF LIFE. DELAY REPLACEMENT. TremCare'ROOF MAINTENANCE PROGRAM PROTECTS TrernCare offers roofing maintenance and protection programs to suit your varied needs and budgets. Our proactive approach covers everything from annual inspections and preventive maintenance to emergency storm and leak services. At the outset of the program, WT1 will conduct and inventory ail roofs and their respective conditions to establish your immediate needs, and to outline any future actions and directions that may be required. Throughout the life of your program, we update your records as your situation changes. Periodic Inspection: Ar extensive evalu- ation that identifies and analyzes your system's construc- tion and condition, and makes 'ecommendations tor repairs or rein'orcements provides you with all the data for historical and insurance purposes. Scheduled Maintenance: It's important to look at two areas of maintenance - general rooftop housekeeping and maintenance. Both are equally important in maintaining your roof's integrity. General housekeeping is the removal of incidental debris, such as leaves, branches, and paper from the roof membrane, drains and gutters. Maintenance is the minor repair to the membrane and flashing systems. This maintenance goal is purely to maintain roofs in their present condition. It will not restore neglected roofs to new condition. Both areas o! maintenance are planned and prioritized by WTI experts to detect and repair problem areas early, saving money and lost time on the plant floor, 24-Hour Emergency Leak Response: Whether the leak is related to defective material, wear and tear, or storm-related damage, building owners can report leaks 24 hours a day, seven days a week thanks to our dedicat- ed, toll-free hotline that logs your call for priority treatment, assuring a fast, efficient response. 215 Wiosteed Avenue, Toronto. Canada M4H 1G7 •i.600.283.6046 * wwwtremcoroofing.corr WEATHERPROOF1NG TECHNOLOGIES, INC. 14 Attachment 2 Weatherproofing Technologies, Inc. (WTI), the service division of Tremco, Inc. specializes in investigative, management and information-based roofing and building envelope services. We have inspection, maintenance and project and asset management programs to fit your weatherproofing needs including the Patch & Repair program. OLI, the sophisticated web-based On-Line Information System from Tremco, allows you to track and manage all of your roofing assets. You can instantly obtain detailed roofing inspection and maintenance data, repair recommendations and information that will improve your budgeting for future roofing needs. OLI can include any combination of drawings, photos, service activity reports, maintenance reports, budgets, life span projections-you decide what you want and how you want it reported. OLI is based on Microsoft Corporation's .NET technology and consists of a web-based and a Windows application. The software is automatically updated at login so that you always have the most current version. Users with a PC, password and Internet connection can view your roofing data over the Web as data is delivered immediately upon entering the database. While most users have "read only" access, designated "Administrators" can input and modify data through the Windows application. This protects your roofing information while allowing necessary changes. When utilized in conjunction with the TremCare service programs, the OLI data for each building is updated at each of the biannual inspections to reflect the most current conditions and to preclude the need for any customer data input OLI is an integral part of every TremCare service program level. Each level builds on the preceding one with enhanced inspection, maintenance and housekeeping capabilities and services. Benefits of OLI: With its Internet accessibility and retention of all roofing and maintenance records within a single database, OLI represents a huge step forward over traditional roofing information record keeping systems. * Inspections and data gathering performed by experienced roofing technicians for the most accurate assessments * Budget assessments based on reported roof deficiencies done by the local Tremco Representative * Fast data assimilation turn-around by Tremco's corporate OLI Team for quick Internet access by the customer * Consistent information on roof assets for all database users * Retaining chronological inspections of roofs illustrates the roof performance over time 15 * Ability to generate a variety of reports for condition assessment and budgetary purposes * Authorized users can obtain immediate access to their data practically anywhere and anytime through the Internet * On-Line or classroom training available 16 IMTHMMIM I ' OLI : The On-Line Information System for management and iiil.li -nation Da set! loufing uno buildin f .1 ft' Ope serVH e*s> OLI, the sophistn\m->d, \\t-\j n<-!S< <{ On-Liiif [jiformaiion System trorn WTl, allows you to track and manage all of your roofing assets. You can instantly obtain detailed roofing inspection and maintenance data, repair recommendations, and information that will improve your budgeting for future roofing needs. OLI can include any combination of drawings, photos, service activity reports, maintenance reports, budgets, lifespan projections—you decide what you want and how you want, it reported. OLI is an Integra] part of every TremCare service program level; Silver, Gold and Platinum, Kach level builds on the preceding one w;th enhanced inspection, maintenance and housekeeping capabilities and services. GU is aiso available as stand-alone support for businesses thai do not want the advantages of a TremCare maintenance program. 17 OLI": The On-Line Information System for isi*- th <> i v,*'b based ap;*I e^'ma ,ir d a Wa'd'tus 'ijjpiic j'.un KrnpiO\e(;s v.iih a passwor j }'( M",.' an Infi'iiU't couiuvHoi. %'ir uru-your i of <f nt; <!< f ovei 'he vVt b ti«*r.j is dehy i<ii! r/.-nru^vh -n-or . ntcnncMu <i.it-ib<isr While *n jV ISM r , Ma» f- "i - aJ on),' at < < ss .td^Aii1 <-<i "(\ish»n.ei ^(i!iit:ii:,tr.'ii*«r*-' c^ri .:»| u! .ttid modify dat<j r(Luug!i 'Jit \\ i;*Uu\v,t uppjscatioti, T!n.> protects your roofing information wluh-; aJSowing necessary changes. OL! is based on .Microsoft, Corporation's .NET technology', facilitating computing over the Internet, The software underlying OLI is automatically updated, so you always have the most, recent version,. UV dtAV- f> f-f <i iH ^uh -i n.iM.in jr: I't'IitJi/ro 'II pr*« f - »r» V. H'd'i'v- ^ ^ci i f d J«thuon >! I i*< r J- MB k\M VS 'r {( r<1- \ r.\ fin f'f \ { r ian ' .' Cr !<l!c At 1. **• '">O MfMr<t h.i r- '• it With its Internet accessibility and retention of all roofing and maintenance records within a single database, Of/I represents a huge step forward over traditional roofing information roeordkeeping systems, Among its specific benefits are: it' Consistent information for everyone accessing the system due to the single database, n Any authorised user can input data, easing the load on any one individual, i# Retaining chronological inspections of a roof shows how the roof performs over time; users can access all historical data for all of the company's roofs. II You do not need to purchase special, proprietary software, II Authorised users can obtain data practically anywhere, anytime through the Internet; access to information is immediate; computerization eliminates the need to print and store large paper reports, W. All system application upgrades occur over the Internet, reducing the risk of data corruption; software is always current. On line training is available, To learn more about how the On Line Information system, TremCare maintenance programs. Trernco product's or WTI services can help you manage your roofing assets, call us at i.SOO.562,2728 or visit our websites www.tremcoroofing.com and www.wtiservices.com. WEATHERPHOOPIMOTECHNOI-OS16S, IMC 18