HomeMy WebLinkAboutC40620 On-call Plumbing Svcs for Park-Landscape FacilitiesContract No. C40620
STAFF REPORT
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
MEETING DATE: October 15, 2020
PREPARED BY: Randy Chavez, Landscape Supervisor
REQUEST:. Award Contract No. C40620 for On -Call Plumbing Services for Park
and Landscape Facilities to Pro -Craft Construction, Inc. of Redlands,
California, in an amount not to exceed $40,000.00 annually for a
period of thirty months (30).
Recommendation
By Minute Motion:
1. Award Contract No. C40620 for On -Call Plumbing Services for Park and
Landscape Facilities to Pro -Craft Construction, Inc. of Redlands, California in
an annual amount not to exceed $40,000.00 annually for a period of thirty
months (30); and
2. Authorize the City Manager to execute the agreement and up to three (3) one-
year contract extensions.
Funds are available in Account Nos. 1104610-4331000, R/M Buildings - Civic Center
Park; 1104610-4337100, Tri-Cities Sports Fields; 1104611-4331000, R/M Buildings —
Parks; 1104614-4337001, Medians; 4414195-4332000 Desert Willow; and the various
assessment district accounts.
Strateaic Plan
Although, on -call plumbing services do not contribute to the objective of the Strategic
Plan, it will allow staff to maintain park and landscape facilities in a first-class condition.
Background Analvsis
The City experiences a variety of plumbing issues over the course of the year which
necessitates the need for on -call plumbing services. These services include, but are not
limited to repairs and/or replacement of bathroom sinks and toilets; repairs due to
vandalism; unclogging of drains; replacement of drinking fountains, outdoor showers and
components; repairs to mister system; and troubleshooting other plumbing problems.
Plumbing problems are typically not anticipated and when they do occur, usually demand
an urgent repair. For these reasons, City staff advertised a Request for Proposal (RFP)
for the aforementioned services on PlanetBids, and on September 22, 2020, the City
October 15, 2020 - Staff Report
Award Contract for On -Call Plumbing Services
Page 2 of 2
received two proposals. A review committee consisting of staff from several divisions in
Public Works reviewed the proposals according to the following criteria:
• Clarity and Conformance of the proposal
• Firm Staffing and Key Personnel
• Experience and Technical Competence
• References.
• Fee Proposal
ContractorA4 Locationtle a # ; Ranking_
Pro -Craft Construction Inc. Redlands, CA 1
Hammer Plumbing & Pumping Inc. Cathedral City, CA 2
Pro -Craft Construction, Inc. exceled on Firm Staffing and Key Personnel, References,
and with their Fee Proposal. They demonstrated to have the variety of equipment and
staff that is needed to respond to emergencies within 24-hours as it is stipulated in the
specifications. Based on this review, staff recommends awarding to Pro -Craft
Construction, Inc., for a period of thirty months commencing January 1, 2021, with an
option of three, one-year extensions
Fiscal Analvsis
The Public Works annual operating budget includes funds for Plumbing Services in
various accounts; therefore, there is no fiscal impact beyond the contract amount. Funds
will only be expended to the extent necessary for the call -out work performed during the
contract period.
LEGAL REVIEW
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DEPT. REVIEW
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FINANCIAL
REVIEW
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Robert W. Hargreaves Tom Garcia, P.E.
City Attorney Janet M. Moore
Director of Public Works Director of Finance
Interim City Manager, ,' ka4 Syadm
APPLICANT: Pro -Craft Construction, Inc.
500 Iowa Street
Redlands, California 92373
ATTACHMENTS: Agreement
Contractor's Proposal
ASSISTANT
CITY MANAGER
Azzdy Ahl wo -u10
Andy Firestine
Assistant City Manager
Contract No. C40620
ATTACHMENT "B"
CITY OF PALM DESERT
MAINTENANCE SERVICE AGREEMENT
CONTRACT NO. C40620
1. PARTIES AND DATE.
This Agreement is made and entered into this 15th day of October. 2020 by and between
the City of Palm Desert, a municipal corporation organized under the laws of the State of California
with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-
2578, County of Riverside, State of California ("City") and Pro -Craft Construction, Inc., a
Corporation with its principal place of business at 500 Iowa Street Redlands, California
92373 ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and
collectively as "Parties" in this Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain
maintenance services required by the City on the terms and conditions set forth in this Agreement.
Contractor represents that it is experienced in providing maintenance services to public clients,
that it and its subcontractors have all necessary licenses and permits to perform the services in
the State of California, and that is familiar with the plans of City. Contractor shall not subcontract
any portion of the work required by this Agreement, except as expressly stated herein, without
prior written approval of City. Subcontracts, if any, shall contain a provision making them subject
to all provisions stipulated in this Agreement.
2.2 Project.
City desires to engage Contractor to render such services for the On -Call Plumbinq
Services for Park and Landscape Facilities project ("Project") as set forth in this Agreement.
TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the maintenance services necessary for the Project
("Services"). The Services are more particularly described in Exhibit "A" attached hereto and
incorporated herein by reference. All Services shall be subject to, and performed in accordance
with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all
applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from January 1. 2021. to June
30. 2023, unless earlier terminated as provided herein. The City shall have the unilateral option,
at its sole discretion, to renew this Agreement automatically for no more than three (3) additional
one-year terms. Contractor shall complete the Services within the term of this Agreement, and
shall meet any other established schedules and deadlines. The Parties may, by mutual, written
consent, extend the term of this Agreement if necessary to complete the Services.
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3.2 Responsibilities of Contractor.
3.2.1 Control and Pavment of Subordinates; Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will determine the
means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Any personnel performing the Services under this Agreement on behalf of Contractor shall not be
employees of City and shall at all times be under Contractor's exclusive direction and control.
Contractor shall pay all wages, salaries, and other amounts due such personnel in connection
with their performance of Services under this Agreement and as required by law. Contractor shall
be responsible for all reports and obligations respecting such additional personnel, including, but
not limited to: social security taxes, income tax withholding, unemployment insurance, disability
insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services in a prompt
and timely manner in accordance with the Schedule of Services set forth in Exhibit "B" attached
hereto and incorporated herein by reference. Contractor represents that it has the professional
and technical personnel required to perform the Services in conformance with such conditions.
Upon request of City, Contractor shall provide a more detailed schedule of anticipated
performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Contractor shall be subject to the approval of City.
3.2.4 Citv's Representative. The City hereby designates Randy Chavez,
Landscape Supervisor, or his or her designee, to act as its representative for the. performance
of this Agreement ("City's Representative"). City's Representative shall have the power to act on
behalf of the City for all purposes under this Agreement except for increasing compensation.
Contractor shall not accept direction or orders from any person other than the City's
Representative or his or her designee.
3.2.5 Contractor's Representative. Contractor hereby designates Mitchell
Shawver, or his or her designee, to act as its representative for the performance of this
Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority
to represent and act on behalf of the Contractor for all purposes under this Agreement. The
Contractor's Representative shall supervise and direct the Services, using his best skill and
attention, and shall be responsible for all means, methods, techniques, sequences and
procedures and for the satisfactory coordination of all portions of the Services under this
Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff
in the performance of Services and shall be available to City's staff, consultants and other staff at
all reasonable times.
3.2.7 Standard of Care; Performance of Emplovees. Contractor shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Contractor represents and maintains that it is skilled in the professional calling
necessary to perform the Services. Contractor warrants that all employees and subcontractors
shall have sufficient skill and experience to perform the Services assigned to them. Finally,
Contractor represents that it, its employees and subcontractors have all licenses, permits,
qualifications and approvals of whatever nature that are legally required to perform the Services,
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including a City Business License, and that such licenses and approvals shall be maintained
throughout the term of this Agreement. Contractor shall perform, at its own cost and expense
and without reimbursement from the City, any services necessary to correct errors or omissions
which are caused by the Contractor's failure to comply with the standard of care provided for
herein. Any employee of the Contractor or its sub -contractors who is determined by the City to
be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a
threat to the safety of persons or property, or any employee who fails or refuses to perform the
Services in a manner acceptable to the City, shall be promptly removed from the Project by the
Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Period of Performance. Contractor shall perform and complete all Services
under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time").
Contractor shall perform the Services in strict accordance with any completion schedule or Project
milestones described in Exhibits "A" or "B" attached hereto, or which may be provided separately
in writing to the Contractor. Contractor agrees that if the Services are not completed within the
aforementioned Performance Time and/or pursuant to any such completion schedule or Project
milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged
and agreed that the City will suffer damage.
3.2.9 Disputes. Should any dispute arise respecting the true value of any work
done, of any work omitted, or of any extra work which Contractor may be required to do, or
respecting the size of any payment to Contractor during the performance of this Contract,
Contractor shall continue to perform the Work while said dispute is decided by the City. If
Contractor disputes the City's decision, Contractor shall have such remedies as may be provided
by law.
3.2.10 Laws and Regulations: Emplovee/Labor Certifications. Contractor shall
keep itself fully informed of and in compliance with all local, state and federal laws, rules and
regulations in any manner affecting the performance of the Project or the Services, including all
Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for
all violations of such laws and regulations in connection with the Services and this Agreement.
All violations of such laws and regulations shall be grounds for the City to terminate the Agreement
for cause. City is a public entity of the State of California subject to certain provisions of the Health
& Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is
stipulated and agreed that all provisions of the law applicable to the public contracts of a
municipality are a part of this Agreement to the same extent as though set forth herein and will be
complied with.
3.2.10.1 Emplovment Eligibility: Contractor. Contractor certifies that it fully
complies with all requirements and restrictions of state and federal law respecting the employment
of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of
1986, as may be amended from time to time and shall require all subconsultants and sub-
subconsultants to comply with the same. Contractor certifies that it has not committed a violation
of any such law within the five (5) years immediately preceding the date of execution of this
Agreement, and shall not violate any such law at any time during the term of the Agreement.
3.2.10.2 Labor Certification. By its signature hereunder, Contractor
certifies that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Workers' Compensation or to undertake
self-insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
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3.2.10.3 Eaual Opportunity Emplovment. Contractor represents that
it is an equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities
related to initial employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination. Contractor shall comply with all relevant provisions of City's
Minority Business Enterprise program, Affirmative Action Plan or other related programs or
guidelines currently in effect or hereinafter enacted.
3.2.10.4 Air Qualitv. Contractor must fully comply with all applicable
laws, rules and regulations in furnishing or using equipment and/or providing services, including,
but not limited to, emissions limits and permitting requirements imposed by the California Air
Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and
requirements' application to "portable equipment", which definition is considered by CARB to
include any item of equipment with a fuel -powered engine. Contractor shall indemnify City against
any fines or penalties imposed by CARB or any other governmental or regulatory agency for
violations of,applicable laws, rules and/or regulations by Contractor, its subcontractors, or others
for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.5 Water Quality Manaaement and Compliance. To the extent
applicable, Contractor's Services must account for, and fully comply with, all local, state and
federal laws, rules and regulations that may impact water quality compliance, including, without
limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300);
the California Porter -Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws,
rules and regulations of the Environmental Protection Agency and the State Water Resources
Control Board; the City's ordinances regulating discharges. of storm water; and any and all
regulations, policies, or permits issued pursuant to any such authority regulating the discharge of
pollutants, as that term is used in the Porter -Cologne Water Quality Control Act, to any ground or
surface water in the State. Failure to comply with the laws, regulations and policies described in
this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional
regulatory requirements.
3.2.11 Insurance.
3.2.11.1 Minimum Reauirements. Without limiting Contractor's
indemnification of City, and prior to commencement of the Services, Contractor shall obtain,
provide and maintain at its own expense during the term of this Agreement, policies of insurance
of the type and amounts described below and in a form that is satisfactory to City.
(A) General Liabilitv Insurance. Contractor shall maintain
commercial general liability insurance with coverage at least as broad as Insurance Services
Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general
aggregate, for bodily injury, personal injury, and property damage. The policy must include
contractual liability that has not been amended. Any endorsement restricting standard ISO
"insured contract" language will not be accepted.
(B) Automobile Liabilitv Insurance. Contractor shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering
bodily injury and property damage for all activities of the Contractor arising out of or in connection
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with Work to be performed under this Agreement, including coverage for any owned, hired, non -
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
accident. The City's Risk Manager may modify this requirement if it is determined that Consultant
will not be utilizing a vehicle in the performance of hi's/her duties under this Agreement.
(C) Umbrella or Excess Liabilitv Insurance. Contractor may opt
to utilize umbrella or excess liability insurance in meeting insurance requirements. In such
circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance
policy with limits that will provide bodily injury, personal injury and property damage liability
coverage at least as broad as the primary coverages set forth above, including commercial
general liability and employer's liability. Such policy or policies shall include the following terms
and conditions:
(a) A drop down feature requiring the policy to
respond if any primary insurance that would otherwise have applied proves to be uncollectible in
whole or in part for any reason;
(b)
reimbursement;
(c)
primary policies; and
(d)
underlying primary policies.
(e)
be insureds under the umbrella or excess policies.
Pay on behalf of wording as opposed to
Concurrency of effective dates with
Policies shall "follow form" to the
Insureds under primary policies shall also
(D) Workers' Compensation Insurance. Contractor shall
maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance
(with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents,
employees and volunteers.
3.2.11.2 Other Provisions and Requirements.
(A) Proof of Insurance. Contractor shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers' compensation. Insurance certificates and endorsements
must be approved by City's Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required insurance policies, at
any time.
(B) Duration of Coveraae. Contractor shall procure and
maintain for the duration of the contract insurance against claims for injuries to persons or
damages to property, which may arise from or in connection with the performance of the work
hereunder by Contractor, his/her agents, representatives, employees or subconsultants.
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Contract No. C40620
(C) Primarv/Non-Contributina. Coverage provided by
Contractor shall be primary and any insurance or self-insurance procured or maintained by City
shall not be required to contribute with it. The limits of insurance required herein may be satisfied
by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance
shall contain or be endorsed to contain a provision that such coverage shall also apply on a
primary and non-contributory basis for the benefit of City before the City's own insurance or self-
insurance shall be called upon to protect it as a named insured.
(D) Citv's Riahts of Enforcement. In the event any policy of
insurance required under this Agreement does not comply with these specifications, or is
canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Contractor, or City will
withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City
may cancel this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued
by an insurance company currently authorized by the Insurance Commissioner to transact
business of insurance or is on the List of Approved Surplus Line Insurers in the State of California,
with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or
larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
(F) Waiver of Subroaation. All insurance coverage maintained
or procured pursuant to this agreement shall be endorsed to waive subrogation against the City,
its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically
allow Contractor or others providing insurance evidence in compliance with these specifications
to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery
against the City, its elected or appointed officers, agents, officials, employees and volunteers and
shall require similar written express waivers and insurance clauses from each of its
subcontractors.
(G) Enforcement of Contract Provisions (non estoppel).
Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to
inform Contractor of non-compliance with any requirement imposes no additional obligations on
the City nor does it waive any rights hereunder.
(H) Requirements Not Limitina., Requirements of specific
coverage features or limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature is for purposes of clarification only as it pertains to
a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher limits than the
minimums shown above, the City requires and shall be entitled to coverage for the higher limits
maintained by the Contractor. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
(1) Notice of Cancellation. Contractor agrees to oblige its
insurance agent or broker and insurers to provide to City with a thirty (30) day notice of
cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of
coverage for each required coverage.
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Contract No. C40620
(J) Additional Insured Status. General liability, automobile
liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed
to provide that the City and its officers, officials, employees, agents, and volunteers shall be
additional insureds under such policies. This provision shall also apply to any excess/umbrella
liability policies.
(K) Prohibition of Undisclosed Coveraae Limitations. None of
the coverages required herein will be in compliance with these requirements if they include any
limiting endorsement of any kind that has not been first submitted to City and approved of in
writing.
(L) Separation of Insureds. A severability of interests provision
must apply for all additional insureds ensuring that Contractor's insurance shall apply separately
to each insured against whom claim is made or suit is brought, except with respect to the insurer's
limits of liability. The policy(ies) shall not contain any cross -liability exclusions.
(M) Pass Throuah Clause. Contractor agrees to ensure that its
sub -consultants, sub -contractors, and any other party involved with the Project who is brought
onto or involved in the project by Contractor, provide the same minimum insurance coverage and
endorsements required of Contractor. Contractor agrees to monitor and review all such coverage
and assumes all responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Contractor agrees that upon request, all agreements with
consultants, subcontractors, and others engaged in the Project will be submitted to City for review.
(N) Citv's Riaht to Revise Specifications. The City or its Risk
Manager reserves the right at any time during the term of the contract to change the amounts and
types of insurance required by giving the Contractor ninety (90) days advance written notice of
such change. If such change results in cost to the Contractor, the City and Contractor may
renegotiate Contractor's compensation. If the City reduces the insurance requirements, the
change shall go into effect immediately and require no advanced written notice.
(0) Self -Insured Retentions. Any self -insured retentions must
be declared to and approved by City. City reserves the right to require that self -insured retentions
be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to
comply with these specifications unless approved by City. .
(P) Timely Notice of Claims. Contractor shall give City prompt
and timely notice of claims made or suits instituted that arise out of or result from Contractor's
performance under this Agreement, and that involve or may involve coverage under any of the
required liability policies.
(Q) Additional Insurance. Contractor shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the work.
3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury
or damage to any person or property. In carrying out its Services, the Contractor shall at all times
be in compliance with all applicable local, state and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to the nature of the
work and the conditions under which the work is to be performed. Safety precautions, where
applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving
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equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space procedures, trenching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.2.13 Bonds.
3.2.13.1 Performance Bond. If required by law or otherwise specifically
requested by City in Exhibit "C" attached hereto and incorporated herein by reference, Contractor
shall execute and provide to City concurrently with this Agreement a Performance Bond in the
amount of the total, not -to -exceed compensation indicated in this Agreement, and in a form
provided or approved by the City. If such bond is required, no payment will be made to Contractor
until it has been received and approved by the City.
3.2.13.2 Pavment Bond. If required by law or otherwise specifically
requested by City in Exhibit "C" attached hereto and incorporated herein by reference, Contractor
shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount
of the total, not -to -exceed compensation indicated in this Agreement, and in a form provided or
approved by the City. If such bond is required, no payment will be made to Contractor until it has
been received and approved by the City.
3.2.13.3 Bond Provisions. Should, in City's sole opinion, any bond
become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace
the affected bond within 10 days of receiving notice from City. In the event the surety or
Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written
notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least
ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due
or will be made under this Agreement until any replacement bonds required by this Section are
accepted by the City. To the extent, if any, that the total compensation is increased in accordance
with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds
to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to
the City. To the extent available, the bonds shall further provide that no change or alteration of
the Agreement (including, without limitation, an increase in the total compensation, as referred to
above), extensions of time, or modifications of the time, terms, or conditions of payment to the
Contractor, will release. the surety. If the Contractor fails to furnish any required bond, the City
may terminate this Agreement for cause.
3.2.13.4 Surety Qualifications. Only bonds executed by an admitted
surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The
surety must be a California -admitted surety with a current A.M. Best's rating no less than A:Vlll
and satisfactory to'the City. If a California -admitted surety insurer issuing bonds does not meet
these requirements, the insurer will be considered qualified if it is in conformance with
Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the
City.
3.2.14 Accountina Records. Contractor shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records
shall be clearly identifiable. Contractor shall allow a representative of City during normal business
hours to examine, audit, and make transcripts or copies of such records and any other documents
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created pursuant to this Agreement. Contractor shall 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.
3.2.15 Work Sites.
3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services
are to be performed and shall become acquainted with all conditions affecting the Services prior
to commencing the Services. Contractor shall make such examinations as it deems necessary to
determine the condition of the work sites, its accessibility to materials, workmen and equipment,
and to determine Contractor's ability to protect existing surface and subsurface
improvements. No claim for allowances —time or money —will be allowed as to such matters after
commencement of the Services.
3.2.15.2 Field Measurements. Contractor shall make field
measurements, verify field conditions and shall carefully compare such field measurements and
conditions and other information known to Contractor with the Contract, including any plans,
specifications, or scope of work before commencing Services:_ Errors, inconsistencies or
omissions discovered shall be reported to the City immediately and prior to performing any
Services or altering the condition.
3.2.15.3 Hazardous Materials and Differina Conditions. Should
Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other
toxic wastes, hazardous substance and hazardous materials as defined in California state or
federal law at the site which have not been rendered harmless, the Contractor shall immediately
stop work at the affected area and shall report the condition to the City in writing. The City shall
contract for any services required to directly remove and/or abate PCBs, hazardous substances,
other toxic wastes and hazardous materials, and shall not require the Contractor to subcontract
for such services. The Services in the affected area shall not thereafter be resumed except by
written agreement of the City and Contractor.
3.2.16 Loss and Damaae. Contractor shall be responsible for all loss and damage
which may arise out of the nature of the Services agreed to herein, or from the action of the
elements, or from any unforeseen difficulties which may arise or be encountered in the
prosecution of the Services until the same is fully completed and accepted by City.
3.2.17 Warrantv. Contractor warrants all Services under the Agreement (which
for purposes of this Section shall be deemed to include unauthorized work which has not been
removed and any non -conforming materials incorporated into the work) to be of good quality and
free from any defective or faulty material and workmanship. Contractor agrees that for a period
of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or
warranty provided by any manufacturer or supplier of equipment or materials incorporated into
the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10)
days after being notified in writing by the City of any defect in the Services or non-conformance
of the Services to the Agreement, commence and prosecute with due diligence all Services
necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act
sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its
sole cost and expense, repair and replace any portions of the work (or work of other contractors)
damaged by its defective Services or which becomes damaged in the course of repairing or
replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct
defective work shall be reinstated for an additional one (1) year period, commencing with the date
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Contract No. C40620
of acceptance of such corrected work. Contractor shall perform such tests as the City may require
to verify that any corrective actions, including, without limitation, redesign, repairs, and
replacements comply with the requirements of the Agreement. All costs associated with such
corrective actions and testing, including the removal, replacement, and reinstitution of equipment
and materials necessary to gain access, shall be the sole responsibility of the Contractor. All
warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any
portion of the work, whether express or implied, are deemed to be obtained by Contractor for the
benefit of the City, regardless of whether or not such warranties and guarantees have been
transferred or assigned to the City by separate agreement and Contractor agrees to enforce such
warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails
to perform its obligations under this Section, or under any other warranty or guaranty under this
Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and
replace any defective or non -conforming work and any work damaged by such work or the
replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to
fully reimburse the City for any expenses incurred hereunder upon demand.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall
not exceed FORTY THOUSAND DOLLARS AND 00/100 ($40.000.00) annually without written
approval of the City Council or City Manager, as applicable.
3.3.2 Payment of Compensation. Contractor shall submit to City monthly
invoices which provides a detailed description of the Services and hours rendered by Contractor.
City shall, within thirty (30) days of receiving such statement, review the statement and pay all
non -disputed and approved charges. Contractor shall submit its final invoice to City within thirty
(30) days from the last date of provided Services or termination of this Agreement and failure by
the Contractor to submit a timely invoice shall constitute a waiver of its right to final payment.
Payment shall not constitute acceptance of any Services completed by Contractor. The making
of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which
is determined by City to be necessary for the proper completion of the Project, but which the
parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization
from City's Representative.
3.3.5 Prevailing Wages. Contractor is aware of the requirements of California
Labor Code Section 1720, et seg., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing
wage rates and the performance of other requirements on "public works" and "maintenance"
projects. If the Services are being performed as part of an applicable "public works" or
"maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is
$15,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall
provide Contractor with a copy of the prevailing rates of per diem wages in effect at the
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Contract No. C40620
commencement of this Agreement. Contractor shall make copies of the prevailing rates of per
diem wages for each craft, classification or type of worker needed to execute the Services
available to interested parties upon request, and shall post copies at the Contractor's principal
place of business and at the Project site. Contractor shall defend, indemnify and hold the City,
its elected officials, officers, employees and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be
mandatory upon the Contractor and all subcontractors to comply with all California Labor Code
provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774
and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records
(Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815)
and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement
to submit certified payroll records directly to the Labor Commissioner under Labor Code section
1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the
small project exemption specified in Labor Code Section 1771.4.
3.3.6 Reaistration/DIR Compliance. If the Services are being performed as part
of an applicable "public works" or "maintenance" project, and if the total compensation is $15,000
or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all
subcontractors performing such Services must be registered with the Department of Industrial
Relations. Contractor shall maintain registration for the duration of the Project and require the
same of any subcontractors, as applicable. This Project may also be subject to compliance
monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor's
sole responsibility to comply with all applicable registration and labor compliance, requirements.
Any stop orders issued by the Department of Industrial Relations against Contractor or any
subcontractor that affect Contractor's performance of Services, including any delay, shall be
Contractor's sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Contractor caused delay and shall not be compensable by the City. Contractor
shall defend, indemnify and hold the City, its officials, officers, employees and agents free and
harmless from any claim or liability arising out of stop orders issued by the Department of
Industrial Relations against Contractor or any subcontractor.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Contractor,
terminate the whole or any part of this Agreement at any time and without cause by giving written
notice to Contractor of such termination, and specifying the effective date thereof, at least seven
(7) days before the effective date of such termination. Upon termination, Contractor shall be
compensated only for those Services which have been adequately rendered to City, and
Contractor shall be entitled to no further compensation. Contractor may not terminate this
Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein,
City may require Contractor to provide all finished or unfinished information of any kind prepared
by Contractor in connection with the performance of Services under this Agreement. Contractor
shall be required to provide such document and other information within fifteen (15) days of the
request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole or
in part as provided herein, City may procure, upon such terms and in such manner as it may
determine appropriate, services similar to those terminated.
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Contract No. C40620
3.5 General Provisions.
3.5.1 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
Contractor:
City:
Pro -Craft Construction
500 Iowa Street
Redlands, CA 92373
Attn: Mitchell Shawver, Service Manager
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
Attn: Randy Chavez, Landscape Supervisor
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the date
actual notice occurred, regardless of the method of service.
3.5.2 Indemnification.
3.5.2.1 Scope of Indemnitv. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold the City, its officials, employees, agents and
authorized volunteers free and harmless from any and all claims, demands, causes of action,
suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements,
loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false,
fraudulent, or groundless, to property or persons, including wrongful death, (collectively, "Claims")
in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful
misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents
in connection with the performance of the Services, the Project or this Agreement, including
without limitation the payment of all expert witness fees, attorneys' fees and other related costs
and expenses except such Claims caused by the sole or active negligence or willful misconduct
of the City.
3.5.2.2 Additional Indemnitv Obliaations. Contractor shall defend, with
counsel of City's choosing and at Contractor's own cost, expense and risk, any and all Claims
covered by this section that may be brought or instituted against City or its officials, employees,
agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment,
award or decree that may be rendered against City or its officials, employees, agents and
authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall
also reimburse City for the cost of any settlement paid by City or its officials, employees, agents
and authorized volunteers as part of any such claim, suit, action or other proceeding. Such
reimbursement shall include payment for City's attorney's fees and costs, including expert witness
fees. Contractor shall reimburse City and its officials, employees, agents and authorized
volunteers, for any and all legal expenses and costs incurred by each of them in connection
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Contract No. C40620
therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall
survive expiration or termination of this Agreement, and shall not be restricted to insurance
proceeds, if any, received by the Contractor, City, its officials, employees, agents and authorized
volunteers.
3.5.3 Governina Law. Government Code Claim Compliance. This Agreement
shall be governed by the laws of the State of California. Venue shall be in Riverside County. In
addition to any and all Agreement requirements pertaining to notices of and requests for
compensation or payment for extra work, disputed work, claims and/or changed conditions,
Contractor must comply with the claim procedures set forth in Government Code sections 900 et
seq. prior to filing any lawsuit against the City. Such Government Code claims and any
subsequent lawsuit based upon the Government Code claims shall be limited to those matters
that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or
changed conditions have been followed by Contractor. If no such Government Code claim is
submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified
herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
3.5.4 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.5 Citv's Riaht to Emr)lov Other Contractors. City reserves right to employ
other contractors in connection with this Project.
3.5.6 Successors and Assians. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.7 Assianment or Transfer. Contractor shall not assign, hypothecate or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,
hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer.
3.5.8 Construction; References; Captions. Since the Parties or their agents
have participated fully in the preparation of this Agreement, the language of this Agreement shall
be construed simply, according to its fair meaning, and not strictly for or against any Party. Any
term referencing time, days or period for performance shall be deemed calendar days and not
work days. All references to Contractor include all personnel, employees, agents, and
subcontractors of Contractor, except as otherwise specified in this Agreement. All references to
City include its elected officials, officers, employees, agents, and volunteers except as otherwise
specified, in this Agreement. The captions of the various articles and paragraphs are for
convenience and ease of reference only, and do not define, limit, augment, or describe the scope,
content or intent of this Agreement.
3.5.9 Amendment; Modification. No supplement, modification or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel or otherwise.
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Contract No. C40620
3.5.11 No Third Partv Beneficiaries. Except to the extent expressly provided for
in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed
by the Parties.
3.5.12 Invaliditv: Severabilitv. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
3.5.14 Cooperation: Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.5.15 Authoritv to. Enter Aareement. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.16 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.5.17 Entire Aareement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by both
parties.
[SIGNATURES ON NEXT PAGE]
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l:onirac[ No. l:4UbZU
SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY OF PALM DESERT
AND PRO -CRAFT CONSTRUCTION INC.
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed
on the day and year first above written.
CITY OF PALM DESERT PRO -CRAFT CONSTRUCTION, INC.
Timothy McFayden, CEO/SEC
[If Corporation, TWO SIGNATURES,
By: President OR Vice President AND Secretary
Randy Bynder OR Treasurer REQUIRED]
Interim City Manager
M
ATTEST: Its:
By: Printed
Grace L. Rocha Name:
Acting City Clerk
By:
APPROVED AS TO FORM: Its:
Printed
By: Best Best & Krieger LLP Name:
City Attorney
Contractor's License Number and
Classification
DIR Registration Number (if applicable)
(BB&K2019) Exhibit B - 15
72500.00001 \32374943.1
l:ontraci No. l:4ut)zu
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On , 20, before me, . Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
❑ Individual
❑ Corporate Officer
Title(s)
❑ Partner(s) ❑ Limited
❑ General
❑ Attorney -In -Fact
❑ Trustee(s)
❑ Guardian/Conservator
❑ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
(BB&K 2019) - 1 6 -
72500.00001 \32374943.1
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
contract ivo. t;4ubzu
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy,
or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On . 20_, before me, , Notary Public,
personally appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
❑ Individual
❑ Corporate Officer
❑ Partner(s)
Title(s)
❑ Limited
❑ General
❑ Attorney -In -Fact
❑ Trustee(s)
❑ Guardian/Conservator
❑ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
(BB&K 2019)
72500.00001 \32374943.1
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
Contract No.
EXHIBIT "A"
SCOPE OF SERVICES
ON -CALL PLUMBING SERVICES FOR PARK AND LANDSCAPE FACILITIES PROJECT
(ee&K2019) Exhibit A - 1
72500.00001 \32374943.1
Contract No.
EXHIBIT "B"
SCHEDULE OF SERVICES
The term of this Agreement shall be from January 1, 2021, to June 30. 2023, unless earlier
terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to
renew this Agreement automatically for no more than three (3) additional one-year terms.
Contractor shall complete the Services within the term of this Agreement, and shall meet any
other established schedules and deadlines. The Parties may, by mutual, written consent,
extend the term of this Agreement if necessary to complete the Services.
(BB&K2019) Exhibit B - 1
725 00.00001 \32374943.1
Contract No.
EXHIBIT "C"
COMPENSATION
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above
may be increased or reduced each year at the time of renewal, but any increase shall not exceed
the Consumer Price Index, All Urban Consumers, Los Angeles -Riverside -Orange Counties.
The total compensation shall not exceed Forty Thousand Dollars and 00/100 Dollars
($40,000.00) annually without written approval of the City Council or City Manager, as applicable.
Hourly labor rate is $122.00, all inclusive.
Overtime Hourly labor rate is $154.00, all inclusive.
Parts to be billed at cost noted on submitted receipt(s) plus an allowable mark-up of 15%.
(BB&K2019) Exhibit C - 1
72500.00001 \32374943.1
Contract No.
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (hereinafter referred to as "City") has awarded
to PRO -CRAFT CONTRUCTION, INC., (hereinafter referred to as the "Contractor") an agreement
for ON -CALL PLUMBING SERVICES FOR PARK AND LANDSCAPE FACILITIES (hereinafter
referred to as the "Project").
WHEREAS, the work to be performed by the Contractor is more particularly set forth in
the Contract Documents for the Project dated October 15. 2020, (hereinafter referred to as
"Contract Documents"), the terms and conditions of which are expressly incorporated herein by
reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms
thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, the undersigned Contractor and
as Surety, a corporation organized and
duly authorized to transact business under the laws of the State of California, are held and firmly
bound unto the City in the sum of FORTY THOUSAND DOLLARS, ($40,000.00) ANNUALLY,
said sum being not less than one hundred percent (100%) of the total amount of the Contract, for
which amount well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and agreements in the Contract
Documents and any alteration thereof made as therein provided, on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their
intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all
materials and workmanship; and shall indemnify and save harmless the City, its officers and
agents, as stipulated in said Contract Documents, then this obligation shall become null and void;
otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for a
period of one (1) year after the acceptance of the work by City, during which time if Contractor
shall fail to make full, complete, and satisfactory repair and replacements and totally protect the
City from loss or damage resulting from or caused by defective materials or faulty workmanship,
Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety
hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall
limit the City's rights or the Contractor or. Surety's obligations under the Contract, law or equity,
including, but not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the
Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or
shall promptly, at the City's option:
(1) Take over and complete the Project in accordance with all terms and conditions in
the Contract Documents; or
(BB&K2019) Exhibit C - 2
72500.00001 \32374943.1
Contract No.
(2) Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the
lowest responsive and responsible bidder, arrange for a Contract between such
bidder, the Surety and the City, and make available as work progresses sufficient
funds to pay the cost of completion of the Project, less the balance of the contract
price, including other costs and damages for which Surety may be liable. The term
"balance of the contract price" as used in this paragraph shall mean the total
amount payable to Contractor by the City under the Contract and any modification
thereto, less any amount previously paid by the City to the Contractor and any
other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local,
California and federal law and make available as work progresses sufficient funds
to pay the cost of completion of the Project, less the balance of the contract price,
including other costs and damages for which Surety may be liable. The term
"balance of the contract price" as used in this paragraph shall mean the total
amount payable to Contractor by the; City under the Contract and any modification
thereto, less any amount previously paid by the City to the Contractor and any
other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which
may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid
from Contractor for completion of the Project if the City, when declaring the Contractor in default,
notifies Surety of the City's objection to Contractor's further participation in the completion of the
Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Contract Documents or to the Project to be
performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the terms of the Contract
Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845
of the California Civil Code.
(BB&K2019) Exhibit C - 3
72500.00001 \32374943.1
Contract No.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of
20_..
(Corporate Seal)
Contractor/ Principal
0
Title
(Corporate Seal)
Surety
By
Attorney -in -Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached.
(Attach Attorney -in -Fact Certificate) Title
The rate of premium on this bond is per thousand. The total amount of premium
charges, $
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety to do so
must be attached hereto.
(B6&K2019) Exhibit C - 4
72500.00001 \32374943.1
Contract No.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
STATE OF CALIFORNIA
COUNTY OF
On . 20_, before me, , Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
❑ Individual
❑ Corporate Officer
Title(s)
❑ Partner(s) ❑ Limited
❑ General
❑ Attorney -In -Fact
❑ Trustee(s)
❑ Guardian/Conservator
❑ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
(6e&K2019) Exhibit C - 5
72500.00001 \32374943.1
Contract No.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On . 20, before me, , Notary Public,
personally appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
❑ Individual
❑ Corporate Officer
Title(s)
❑ Partner(s) ❑ Limited
n General
❑ Attorney -In -Fact
❑ Trustee(s)
❑ Guardian/Conservator
❑ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney -in -Fact. The Power -of -
Attorney to local representatives of the bonding company must also be attached.
(BB&K2019) Exhibit C - 6
72500.00001 \32374943.1
Contract No.
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Palm Desert (hereinafter designated as the "City"), by action taken
or a resolution passed October 15, 2020 has awarded to PRO -CRAFT CONSTRUCTION, INC.,
hereinafter designated as the "Principal," a contract for the work described as follows:
ON -CALL PLUMBING SERVICES FOR PARK AND LANDSCAPE FACILITIES (the
"Project"); and
WHEREAS, the work to be performed by the Principal is more particularly set forth in the
Contract Documents for the Project dated October 15, 2020 ("Contract Documents"), the terms
and conditions of which are expressly incorporated by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract;
providing that if said Principal or any of its Subcontractors shall fail to pay for any materials,
provisions, provender, equipment, or other supplies used in, upon, for or about the performance
of the work contracted to be done, or for any work or labor done thereon of any kind, or for
amounts due under the Unemployment Insurance Code or for any amounts required to be
deducted, withheld, and paid over to the Employment Development Department from the wages
of employees of said Principal and its Subcontractors with, respect to such work or labor the Surety
on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and as Surety,
are held and firmly bound unto the City in the penal sum of FORTY THOUSAND DOLLARS
($40,000.00) ANNUALLY lawful money of the United States of America, for the payment of which
sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of
the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or
other supplies, used in, upon, for or about the performance of the work contracted to be done, or
for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance
Code with respect to work or labor performed under the contract, or for any amounts required to
be deducted, withheld, and paid over to the Employment Development Department or Franchise
Tax Board from the wages of employees of the contractor and his subcontractors pursuant to
Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety
or Sureties will pay for the same, in an amount not exceeding the sum herein above specified,
and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such
suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation
expenses.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the
Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon
this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or
released from the obligation of this bond by any change, extension° of time for performance,
addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement
(BB&K2019) Exhibit C - 7
72500.00001 \32374943.1
Contract No.
pertaining or relating to any scheme or work of improvement herein above described, or pertaining
or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or
modification of any terms of payment or extension of the time for any payment pertaining or
relating to any scheme or work of improvement herein above described, nor by any rescission or
attempted rescission of the contract, agreement or bond, nor by any conditions precedent or
subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to
recover under any such contract or agreement or under the bond, nor by any fraud practiced by
any person other than the claimant seeking to recover on the bond and that this bond be construed
most strongly against the Surety and in favor of all persons for whose benefit such bond is given,
and under no circumstances shall Surety be released from liability to those for whose benefit such
bond has been given, by reason of any breach of contract between the owner or City and original
contractor or on the part of any obligee named in such bond, but the sole conditions of recovery
shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been
paid the full amount of his claim and that Surety does hereby waive notice of any such change,
extension of time, addition, alteration or modification herein mentioned and the provisions of
sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of
, 20_•
(Corporate Seal)
Contractor/ Principal
(Corporate Seal)
By
Title
Surety
By
Attorney -in -Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached. A Power -of -Attorney authorizing the person signing on behalf of the
Surety to do so much be attached hereto.
NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety to
do so must be attached hereto.
(es&K2019) Exhibit C - 8
72500.00001 \32374943.1
Contract No.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On . 20, before me, , Notary Public,
personally appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
❑ Individual
❑ Corporate Officer
Title(s)
❑ Partner(s) ❑ Limited
n General
❑ Attorney -In -Fact
❑ Trustee(s)
❑ Guardian/Conservator
❑ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
(BB&K2019) Exhibit C - 9
72500.00001 \32374943.1
Contract No.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
STATE OF CALIFORNIA
COUNTY OF
On . 20_, before me, . Notary Public,
personally appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
❑ Individual
❑ Corporate Officer
Title(s)
❑ Partner(s) ❑ Limited
❑ General
❑ Attorney -In -Fact
❑ Trustee(s)
❑ Guardian/Conservator
❑ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney -in -Fact. The Power -of -
Attorney to local representatives of the bonding company must also be attached.
(Be&K2019) Exhibit C - 10
72500.00001 \32374943.1
(Be&K2019) Exhibit C - 11
72500.00001 \32374943.1
385 North Arrowhead Avenue, Third Floor • San Bemardino, CA 92415-0184 1 Phone. 909.387.5000
SAN BERNARDIN❑
COUNTY
April 19, 2018
To whom it may concern:
Real Estate Services Department Terry W. Th Diectorr
Project Management Division
Darlynn Wissert
Deputy alreC[O-
I'm pleased to confirm that Pro -Craft construction, inc. of Redlands, CA has successfully
performed work of various size projects for the County of San Bernardino for 6 years.
Should you have any questions, please feel free to contact me.
Kind Regards,
J.T. Banks, Project Manager
Real Estate Services — Project Management Division
(909) 708-6693
FULLERTON JOINT UNION HIGH SCHOOL DISTRICT
1051 West Bastanchury Road (714) 870-2818
Fullerton CA 92833-2247 Facilities and Construction
April 23, 2019
To Whom it May Concern:
Re; Pro -Craft Construction, Inc.
This letter serves as evidence that Pro -Craft Construction, Inc. has been providing consistent
multi -faceted plumbing services for me at various school districts since 2003.
If you have any questions or concerns, please feel to contact me at 714.870.2818.
Sincerely,
Todd Butcher
Director, Facilities & Construction
Fullerton Joint Union High School District
Excellence in Education Since 1893
SERVING BUENA PARK, FULLERTON, LA HABRA, & LOWELL JOINT SCHOOL DISTRICTS
Board of Education Moreno Valley Unified School District
Sari e4nith. prvs fir
a S Jrsds AL Hnlg+id� . 14re t'resrdenr
C CtevetpndJr.�,.e . VIVA 25634 Alessandro Boulevard
x Garp E_ tlmgh, rid S. Moreno Talley, California 92553
951-571-7500
Superintendent of Schools vvvvw.mvusd. net
07ma ex Ked;rnra. Ed 17.
The mission of Morena Valle), Unified School District is to ensure all students graduate high school
prepared to successfully enter into higher education and/or pursue a viable career path.
To whom it may concern:
Pro -Craft Construction has worked with MVUSD maintenance &
Operations for the past eight years starting in 7/2008. They have
done varies projects ranging from minor service repairs to formal r
public bid work.
Mitch Shawver's understanding of the overall picture which
includes the importance of customer service, budget restraints,
code/safety requirements, and program needs has been essential
in Pro -Craft completing their jobs above my expectations.
Respectfully
Kenneth Paige
' M&O Supervisor III
M.V.U.S.D
PRI1
CONSTRICTION
September 22,2020
Cover Letter
Firm Experience/ Project Approach
To Whom it may Concern:
fk3C�ir_ 01i X•1L, T1iiA
Pro -Craft Construction Inc. (Pro -Craft) was founded in 2003 by Timothy and Susan McFayden.
The company started out doing small plumbing and site utility service projects for various
private and public owners. Over the years the company has grown strategically in the
construction and service industry for plumbing and site utilities. The company currently has a
staff of around 150 employees ranging from positions of Project Managers to brand new
apprentices.
Pro -Craft has 17+ years' experience successfully completing large public works construction
projects up to $18 million dollars and has proven we are still able to effectively service
numerous public clients, some since day one, with service needs. Pro -Craft prides itself on the
ability to communicate with a variety of project owners in a collaborative manner to provide the
best solution for the client and that is why we still work for some of the same clients as we did
day one. This is evidence that Pro -Crafts approach for managing and communicating has
proven successful.
We have a long history of successfully completing complex as well as simple public work
projects of all sizes. In order to complete a high volume of projects we have implemented a
companywide ERP system; this software links all aspects of our company. We are licensed in
many classifications all focused around being the premier plumbing and underground utility
contractor, while allowing our service department to efficiently complete a job from start to
finish under its own workforce. Our services range from building information modeling (BIM),
heavy equipment rental, general engineering, wet side mechanical, medical gas, process piping,
service and repair and underground utilities. All of these systems and needs can be required on
a single project. Our specialty is providing our clients with an end to end solution by eliminating
the need for multiple contracts, or multiple callouts for service. This is of significate value to our
clients, by reducing cost, increasing value and streamlining operations.
Although Tim and Susan are still very hands on with the day to day operations of Pro -Craft, we
have added Mitchell Shawver to the Team in 2017. Mitch has close to 35 years of industry
experience but shares the virtue of great customer service with Tim and is proud to be our
Service Manager. Travis Burton Sr. Estimator will be your point of contact for all precanstruction
communication, you may contact him at esdmatinoOanrocraftci.com. Please contact our plethora
of references for yourself and see the reputation Pro -Craft has in the industry.
Sincerely, e
% /J
Tim y McFay n, CED/SEC
Pr -Craft Construction, Inc.
PRO -CRAFT CONSTRUCTION INC.
500 Iowa 5[. Redfands, CA 92373
WWW.PROCRAFrCI.COM • O: (909) 790-5222 • F. (909) 797-2812
Umme k CA 457234
PRU-Ir AFT
ceNsrRe►srr UN
September 22,2020
Certification of Proposal
RE: Pro -Craft Construction Certification of Proposal
"SIGNATURE OF QUALITY"
"The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to
the City in accordance with the Request for proposal (RFP), and to be bound by the terms and
conditions of the RFP."
Timotb� McFayden, CEO/SEC
Pro -Craft Construction, Inc.
PRO -CRAFT CONSTRUCTION INC.
500 iowa 5t. Redlands, CA 92373
MVW.PRQCRAFTCI.CQM • a: (909) 790.5222 • F: (909) 797.2812
Lkcense 9 CA 467231
PIED--iC tuff
WIMM"I r �rrr.o
Experience and Technical Competence:
RE: Pro -Craft Construction Experience
a. Background:
Pro -Craft Construction, Inc. has 17+ years' experience with over $100 Million dollars of work
successfully completed in Southern California. Pro -Craft has completed 95 percent of this work
for Public Agencies. Pro -Craft was founded as a Plumbing Contractor and started with small
service projects for various local school districts and Cities. Since its inception Pro -Craft has
grown to an impressive size and added the Site Utilities trade to our resume, all while
maintaining the level of service that was expected of the small family business that started in
Tim's Garage.
Our extremely qualified team streamlines the award process to expedite the execution of public
projects, which ultimately reduces downtime. Our highly skilled and trained commercial service
technicians provide 24-hour emergency services quickly and safely without sacrificing on
quality. Pro -Craft has fully integrated its service department with Pro -Craft Construction,
affording the ability to expedite any mobilization or execution of repair to offer the customer the
highest quality of service in the industry.
b. References:
Orange County Sanitation District: Ed Taula, B.Cori Voss, Lawrence Johnson
Eti-714-861-2681, 714-962-2411, 714-593-7784
ETaulaCaocsd.com, Uohnson(aocsd.com, BVoss(alocsd.com
City of Redlands: Kathleen G€orgianni
909-798-7655 Ext.4146, kaioroinn1(&citvofredlands.ora
Inland Empire Utilities Agency: Dave Hein
909-993-1684, dhein(aieua.orq
Orange County Public Works: Carlos Corona, Dale Vermillion
714-667-4963, carlos.corona(&ocow.ocaov.com, dale.vertu€ll€on*ocgw.ocgov.com
PRO -CRAFT CONSTRUCTION INC.
500 Iowa SL Redlands, U 92373
WWW.PROCRAFTCI.COM - 0. (909) 790.5222 - F: (909) 797-2812
l nmw 0 rA 467234
PRLI-AFT
CONSTRUCTION
Firm Staffing and Key Personal:
RE: Pro -Craft Construction Staffing and Key Personal
a. Staffing:
'SIGNATURE of QUALITY"
Pro -Craft Construction has over 150 employees that are all at the services department's disposal
with more than 100 skilled and trained field personal experienced in plumbing and site utilities.
Pro -Craft has the capacity to quickly scale with additional personal to accommodate an
expedited project schedule. Mitchell Shawver is our Service Manager and he has over 30 years'
experience. Mitch takes a hands-on approach to running the department and he acts as the
estimator, project manager and superintendent for all service calls and special projects.
b. Subcontractors:
Pro -Craft proudly holds seven class' on our CSLB and the customer benefits by not having to
pay multiple subcontractors. Pro -Craft service department is able to offer a start to finish
solution for any emergency that our customers may have, and we do not expect to need any
subcontractors.
PRO -CRAFT CONSTRUCTION INC.
500 Iowa St. Redlands, CA 92373
WWW.PRC)CRAF rCI.COM "O: (909) 790-SZ22 • F: (909) 797.2812
Umnse 9 CA 467234
EDUCATION & CERTIFICATIONS
■ Accident Investigation
■ Aerial/Boom Lift
• Lead & Asbestos
■ CPR, 1st Aid, AED
• Confined Spaces
■ Eye Injuries
• Hearing and Fall Protection
■ Fire & Safety
■ Back, Ladder, Flagger Safety
• Fork Lift
Mitch brings an unmatched level of expertise to any project. He is dedicated,
solution -driven, and always delivers projects that are on -time and on -budget.
Mitch runs his own department and always goes above and beyond when it
comes to leading his team and providing solutions to his customers.
WORK EXPERIENCE
With over 33 years of hands-on experience as a plumber and service repair
professional. Mitch has worked on several projects that best demonstrate his
vast knowledge, including water main replacement, new underground sewer,
conversion of a boiler system to a tankless water system, and a 60-year-oid
school remodel.
SKILLS
■ HIPP & IIPP With his skills and knowledge in pipe location, camera work, and the use of
• Med Gas tracer wire and diagnostics, there isn't a problem that Mitch can't troubleshoot
■ OSHA 10 HR & OSHA 30 HR and solve. Ali of Mitch's projects are completed with the project budget and
• PEP Fusion schedule as the highest priority.
■ Scaffolding
• Scissor Lift PROJECTS & ACCOMPLISHMENTS
■ Sexual Harassment
■ Silica Dust Standards Site and Plumbing Projects
• Stake Reader • Rialto USD - As needed plumbing services on various sites
■ Comp Persons Trench & Excavation • Fullerton Joint Union High SD - As needed plumbing services on various sites
• City of Anaheim - As needed plumbing services on various sites
■ Yucaipa-Calimesa JUSD - As needed plumbing services on various sites
• IEHP - As needed plumbing contract
• Orange County Sanitation Department - As needed plumbing contract
"SIGNATURE OF QUALITY"
CONS TRUC TIRN
Line Item
I Rates
Monday through Friday
Standard Rate
$ 122.00
Monday through Friday
Overtime Rate
$ 154.00
All wage rates based Current
*Hourly Rate is the baseline for all labor. Tools
Prevailing wage Rates
and Equipment are in addition to the hourly rate.
Large Tools and Equipment
Daily Cost
1
AB- Arrow Board
S 97
2
AC 11 Alr Compressor, Tow Behind
$ 193
I 3
ATV-11 Kawasaki Mule
$ 179
4
BH- Backhoe
$373
5
BH- Breaker, Attachment
$ 552
6
CM-11 Cement Mixer
S 69
7
OR-11 Roller, ingersolirandDD24
$ 311
6
DT•I1 Dump Truck, Green
$ 552
9
DT-13 Dump Truck, Ford F650
$ 552
10
U-11 Excavator 5K210
S 759
11
EX-12 Excavator SK330
$ 1,139
12
EX-13 Excavator SK135
$ 552
13
EX-14 Excavator SK-35
$ 414
14
EX-15 Excavator SK-485
$ 1,S18
15
EX-16 Excavator SK-35
$ 414
16
Elf-17 Excavator SK230SR
$ 828
17
Ex-18 Excavator SK-35
$ 414
18
GC-11 Golf Cart
$ 83
19
OT-11, Office Trailer
$ 7
20
OT-12 Office Trader
$ 7
21
SK-II SkIp Loader, 210LE
$ 317
22
SL- Scissor Lift 19FT
f 200
23
SL- Scissor Lift 33FT
$ 345
24
SS- Asphalt Grinder, Attachment
$ 522
25
SS- Auger, Attachment
$ 173
26
SS- Backhoe, Attachment
$ 331
27
SS- Breaker, Attachment
$ 242
28
55- Skid Steer
$ 331
29
SS- Sweeper, Attachment
$ 173
30
SV- Storage Van 28FT
$ 7
31
SV- Storage Van 45FT
$ 7
32
SW -II Laymor Sweeper
$ 276
33
TL-17 Dump Trailer 7x14
$ 138
34
TL-31 Dump Trailer, Mirage
$ 138
35
TL-32 Water Tower, 10,000 Galion
$ 1,610
36
TW-11 Tack Wagon
S 345
37
WL-11 New Holland LW170, Loader
$ 718
38
WL-13 CAT 950H, Loader
S 759
39
WL•14 CAT 938K, Loader
$ 759
40
WL-15 CAT 938M, Loader
5759
41
WT-II Water Truck, 250OG
$ 656
42
WT-12 Water Truck, 250OG
5 556
{ 43
WT-13 Water Truck, 2000G
$ 393
44
WT-14 Water Truck, 4000G
$ 759
45
WT-15 Water Truck, 2So0G
$ 656
46
ZP-11 Asphalt Zipper, AZ 480
$ 2,600
47
Service Van
$ 240
{ 48
SupenntnedentTruck
$ 200
49
Foreman Truck
$ 200
1 50
Project Manager Car
S 120
2
3
4
6
5
7
8
9
IQ
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
Small Tools
oescriptlon
oally Rate
Alr Compressor Small
Concrete Saw Walk Behind
$ 138
Core Machine
$ 207
Dellneators
$ 4
Fusion Machine, Butt upw 4"
$ 242
Fusion Machlne, Socket upto 2"
$ 207
Gas Ax
$ 63
Generator Large
$ 138
Generator Small
$ 110
Grooving Machine
$ 276
Hand Dies
$ 55
Hydro Pump
$ 138
Jack Hammer 30 Lbs.
$ 104
lack Hammer 60 Lhs.
$ 138
Jack Hammer 90 lbs.
$ 173
Jack Hammer Electric
$ 138
letter Trailer
$ 325
Leak Locator
$ 207
Line Tracer
$ 138
Pipe Machlne 2"
$ 104
Pipe Machine 21/2"
$ 207
Presure Washer
$ 83
Roto Hammer 1"
$ 83
Row Hammer 1112,
$ 110
Row Hammer Demo
$ 138
See Snake /Camera
$ 311
Smoke Machlne
$ 124
Snake Main Line
$ 124
Snake Sink
$ 90
Snake Top
$ 48
Sump Pump 1 1/2"
$ 83
Sump Pump 2"
$ 110
Trash Pump
$ 138
Vltierwry Plate
$ 138
Wacker
$ 207
Water Wagon
$ 207
Weider ARCH
$ 207
Welder Op Trailer
$ 345
Welder Wire Feed
$ 138
PRO -CRAFT CONSTRUCTION INC.
500 Iowa 5t, Redlands, CA 92373
VVWW.PROCRAFfC1.COM & O: (909) 790-5222 • F: (909] 797-28.
2
License # CA 467234
� HAMMER()AAPLUMBING & PUMPIN
ry
HAMMER,.
PLUMBING & PI.J
Table of Contents
■ ABOUT HAMMER
• DESCRIPTION OF SERVICES
■ PRICING
• DIR
• CONTRACTORS LICENSE
HAMMER,.
PLUMBING & PUMPING
Hammer Plumbing and Pumping is a fully licensed and bonded contracting
company that serves the entire Coachella Valley (Cathedral City, Indio, La
Quinta, Palm Springs, Palm Desert, Rancho Mirage, Indian Wells, etc.).
We hold a C42 (sewer and septic) and C36 (all plumbing), and C61ID35 (Pool
repair and maintenance) state contractors license. Fully staffed with tons of
experience in all areas of plumbing, we can handle any problem large or small.
BRiEF HiSTORY
Hammer was founded by Doug Hammer in 1980. At the time, it was primarily a
sewer and septic construction company. Shortly after that the company added
pumping to its list of services. As the years went on, Hammer became only a
pumping company. Doug built the Hammer brand to be known for quality
affordable service and a hometown friendly honest company.
In 2005, Doug decided to retire. It was around that time that Doug met Don and
Steve Holmes. The three got along well and Doug decided that the Holmes
brothers would be a great team to take over the company. Since then, Hammer
has expanded its services to include all plumbing. We now do it all - pumping,
sewer and septic construction, and all plumbing services. We strive to keep and
build the Hammer brand into a company that the Coachella Valley can count on
for friendly, quality, affordable, and knowledgeable service. We plan, God willing,
to be around for long time and are continuously improving what we do and what
we stand for.
HAMMER.
PLUMBING & PUMPING
Genera! Plumbing
• Drain cleaning
• ❑rinking Fountain Repair and install
• Line Snaking
• Hydro Jetting Sewer and storm drains
• Sewer camera
• Leak Detection (water and gas)
• Sewer laterals
• Odor control
• Water piping
• Sewer piping
• Gas piping
• Toilets, showers, faucets
• Garbage disposals
• Fixture repair and install
• Water heaters, tankless, boilers etc.
• And More.....
Underground Construction
• Septic System Installation
• Drywall Installation
• Nuisance water drains
• Sewer Laterals
• Fire Hydrants
• And More....
Pumping Services
• Septic Pumping
• Grease Trap Pumping
• Storm drain, catch basin and drywell maintenance
• And More...
HAMMER)]
PLUMBING & PUMPING
Hammer Plumbing and Pumping, Inc
Contractors State Lic # C42 — C36 661018
Hourly Rate — — — — — — — — — — — — — — — — — $177 Per hour per tech
After Hours and Holidays------------------$205 per hour
Snake/Drain Cleaning----------------------$250 1st hour $197 per hour after 1st hour
Jetting/ Drain cleaning-------------------$350 1st hour $197 per hour after 1st hour
Storm Drain Jetting/Ultra Hydra Flusher ------
Sewer Camera -------------------
Parts will be charged at Cost plus 15% with proof of receipt.
We are available 24 hours a day 7 days a week.
We are currently employ 30 people.
We are able to handle any job big or small.
— $695 1st hour $197 per hour after 1st hour
---$325 1st hour $197 per hour after 1st hour
We have service vans, pump trucks, dump trucks, backhoes, and much more.
Hammer Plumbing and Pumping, Inc./ www.hammerplumbing.com / (760)321-7448
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STATE OF CALIFORNIA
APPLICATION FOR
PUBLIC WORDS CONTRACTOR REGISTRATION
Registration Information
Type: Renewal
Period: September 4, 2020 — June 30, 2022
Contractor Information
Contractor Name: HAMMER PLUMBING AND PUMPING, INC
Trade Name: HAMMER PLUMBING AND PUMPING, INC
License Type Numher: 1000064135
Contractor Physical Address
Physical Business Country: United States of America
Physical Business Address: 68337 KIELEY ROAD
Contractor Mailing Address
Mailing Business Country:
Mailing Business Address:
Contact Info
Physical Business City/ Province: CATHEDRAL CITY
Physical Business State: CA
Physical Business Postal Code: 92234
Mailing Business City/ Province:
Mailing Business State:
Mailing Business Postal Code:
Daytime Phone: Daytime Phone Ext.:
Mobile Phone: Business Email: steveh@hammerplumbing.com
Applicant's Email: info@hammerplumbing.com
Registration Services:: Page 1 of 2 9/4/2020 2:27:38 PM
Workers' Compensation
Professional Employer Organization (PEO)
Do you lease employees through Professional Employer Organization? Yes
Workers' Compensation Overview
Insured by carrier
PEO Name:
Street address:
City, State, Zip:
PEO Email Address:
PEO Phone Numbers:
Carrier: ACE AMERICAN INSURANCE
COMPANY
Policyholder Name: HAMMER PLUMBING AND
PUMPING, INC
Policy Number: C6S196839
Certification
SBSI
43576 WASHINGTON STREE
L4 QUINTA, CA 92253
(760) 851-0826
Inception Date: August 1, 2020
Expiration Date: August 1, 2021
Yes I Certify that I do not have any delinquent liability to an employee a the state for any assessment of back
wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination
by a court or any federal, state, or local administrative agency, including a confirmed arbitration award
Yes I certify that the contractor is not currently debarred under Section 1777.1 or under any other federal or state
law providing for the debarment of contractors from public works.
Yes I certify that one of the following is true: (1) 1 am licensed by the Contractors State License Board (CSLB) in
accordance with Chapter 9 (commencing with section 7000) of the Business and Professions Code; or (2) my
business or trade is not subject to licensing by the CStB.
I understand refunds are not authorized
I, Steve Lee Holmes, the undersigned, am, HAMMER PLUMBING AND PUMPING, INC with the authority to act for and on behalf of the
above named contractor. I certify under penalty of perjury that all of the above information provided is true and correct. I further
acknowledge that any untruthful information provided in this application could result in the certification being canceled.
I certify this on: 9/4/2020 2 25:08 PM
Legal Entity Information
Legal Entity Type: Corporation
Name: HAMMER PLUMBING AND PUMPING, INC
Registration Services:: Page 2 of 2