* Understanding electrical health and safety regulations. * Great communication skills.
* Work as a team with other technicians and engineers.
* The ability to read and interpret technical drawings and plans, and to explain them to other team members.
Competencies
* Supports engineers in research, design,development and repair of electronic products. * Skills to direct.
* Leadership skills.
* Ability to prioritize tasks.
* Capacity for teamwork.
* Organizational capabilities.
* Able to stay calm under pressure.
* Able to keep up with advances in engineering.
* Able to receive instructions.
* Able to take initiative.
* Able to work with maturities.
* Creative.
* Manage teams.
* Flexible approach.
* Flexible.
* Guarantees the safety and efficiency of the equipment. * Ability to motivate.
* Ability to react quickly and improvise if something doesn't go as planned. * Ability to solve problems.
* Communicative skills.
* Social skills.
* Install electrical industrial machinery, for example, heating, ventilation and lighting systems. * Carry out repairs on defective equipment.
* Maintains and repairs assembly lines.
* Participate in the development and maintenance of the equipment used to control / direct processes, systems and machinery.
* Participate in researching new products and improvements to existing ones. * Conduct research.
* Sensible.
* Work in team.
* Work closely with other professionals.
* Use fault diagnosis equipment.
PROFESIONAL EXPERIENCE
Badger Miller
Nogales mexico
1989-1994
* Tech in electromechanical
* Help design and produce equipment such as boards and electric motors. * They ensure that all equipment is safe and works efficiently. * Carry out the repair of any defective equipment, sometimes under the supervision of an electrical engineer.
Mundy Electric Inc.
385
Fullerton CA.
August 1998 - April 2006
* Electrical technician
* New construction electrical works
* Installation of recessed light and receptacles and new panels * New cable installation
* Read Blue Prints, design a house. Home wired from start to finish. * Installed outlets, switches, GFCIs, smoke detectors, exhaust fans, light fixtures, doorbells, ceiling fans, AC disconnect boxes, and circuit breakers.
* Duct bending.
* Panel installation, including all PVC service supplies. * Troubleshooting electrical wiring.
* Emergency light installation
Unified Contractor Inc.
Upland CA.
May 2006- December 2019
Master Electrician
* Resolving electricity problems at the residential level * Installation of luminaires and luminaires
* Panel upgrades, lighting installation including ballast replacement, transformer replacement and controller. * Diagnose electrical shorts in panels and home wiring using test kits to identify the cause of the fault, troubleshoot, and improve code if necessary.
* Diagnose failures in systems, pool equipment, such as motors, pool heaters, and garage door openers. * Work with living energy.
* Diagnosis of pool equipment and motor
* Multimeter and Ammeter
Embee power
Irvine CA
December 2019- today
* Journeyman Electrician install, repair, maintain and test commercial, industrial and residential electrical systems in full support of Embee power's safety, operations and productivity initiatives * hand and electric tools related to the electrical industry. * Measure, cut, bend, thread, etc. and installing electrical wire and cable systems, conduit systems, and other cable conduit systems.
* Feed, pull and terminate wires and cables within control centers, distribution boxes,transformers, 480 v, 3 phase transducers, switchgear, receptacles, switches, etc. * Connect and terminate the cables at the junction points. * Journeyman Electrician will troubleshoot equipment electrical systems and control circuits and build control panels from drawings.
* Prepare sketches and schematic diagrams showing the location of electrical and wiring systems. * Delegate tasks and help with the training of other employees. * Communicate effectively with foremen and crew members. * Maintain the workflow schedule to ensure all Embee power productivity goals are met. * Demonstrate the highest level of professionalism and courtesy * Installations of led fixtures, power paks, dimmer sw and program with wifi * Commercial EV Charger Installs
386
ABILITIES
• Learns fast
• Strong leadership skills
• Able to work under pressure
• Meet deadlines
• bilingual
• Good communication skills
• Customer service
• Team player
• Troubleshooting and diagnosis
• Read Blue Prints
• Electrical systems and controls
• Installation and repair
• Branch circuit wiring
• NEC codes and code book
• Efficient
• Subpanel installation
• Highly trained
• NFPA 70E®: Standard for Electrical Safety in the Workplace 387
388
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: September 11, 2025
PREPARED BY: Shawn Muir, Community Services Manager
SUBJECT: AWARD A MAINTENANCE SERVICES AGREEMENT TO URBAN WORX CONTRUCTION, INC., AND PRO-CRAFT CONSTRUCTION, INC., FOR ON-CALL PLUMBING SERVICES (PROJECT NO. MPK00010)
RECOMMENDATION:
1. Award a Maintenance Service Agreement to Urban Worx Construction, Inc. and Pro-Craft Construction, Inc., for on-call plumbing services in the amount of $150,000 each, for a total not to exceed $300,000 per fiscal year for a three-year term with the option of two one-year extensions.
2. Authorize the City Attorney to make necessary non-monetary changes to the agreement.
3. Authorize the City Manager to execute the agreement, two one-year extensions, change orders, and any other documents necessary to effectuate the actions taken herewith.
4. Authorize National Community Renaissance of California, to enter into on-call contracts with Urban Worx Construction, Inc. and Pro-Craft Construction, Inc., for on-call plumbing services, on behalf of the Palm Desert Housing Authority.
BACKGROUND/ANALYSIS:
The City of Palm Desert (City) maintains 15 parks and 13 city owned facilities. The Palm Desert Housing Authority maintains 15 affordable housing properties. Prompt attention to plumbing issues is crucial to mitigate risks, including structural deterioration, mold growth, and health hazards from contaminated water or sewage exposure. Delayed repairs can lead to increased costs, facility disruptions and higher water consumption and expenses. By securing prompt and reliable as-needed general plumbing services, the City can achieve effective, efficient and safe operations.
The City typically contracts with at least two highly skilled vendors that provide on-call plumbing services based on the level of need citywide and to have redundancy in case a vendor cannot respond to a work request to support the maintenance and operation of the various buildings and outdoor facilities. Typical services include troubleshooting and repairing leaks or blockages; replacing faucets, fixtures, and water heaters; installing or repairing water supply lines, drains, toilets, sinks, and garbage disposals; addressing water pressure and drainage issues; performing routine inspections; minor pipe rerouting; installing backflow prevention devices; maintaining irrigation connections; and responding to emergency plumbing failures. The scope of work covers the repair, replacement, and installation of plumbing components.
Staff issued Request for Proposal No. 2025-RFP-197 through the City’s electronic bidding platform, OpenGov, on July 8, 2025. The solicitation closed on August 11, 2025, with four proposals received. A selection committee (Committee) evaluated the proposals based on clarity and conformance of the proposal to RFP requirements; quality and completeness of the work 389
City of Palm Desert
Award Contracts for On-Call Plumbing Services
plan; experience and performance of proposed team members; comments provided by references; and fee proposals. The Committee ranked the proposals as follows:
Vendor Location Rank
Urban Worx Construction, Inc. Palm Desert, CA 1
Pro-Craft Construction, Inc. Redlands, CA 2
AMTEK Construction Orange, CA 3
Best Tec Palm Desert, CA 4
Based on the committee’s evaluation and the City’s past experience, staff recommends awarding the Maintenance Service Agreement to Urban Worx Construction, Inc., & Pro-Craft Construction, Inc., for an initial three-year term, with the option to extend for two additional oneyear periods, subject to satisfactory performance and available funding. The proposed agreement is for on-call services, which allows staff to request work quickly as part of the City’s day-to-day business. The City also holds task-order based contracts intended for larger construction/installation projects.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
Appointed Body Recommendation:
The Housing Commission will consider recommendation of this item at its regular meeting on September 10, 2025. Staff will be available to provide information regarding the Commission’s recommendation at the City Council and Housing Authority Board Meeting on September 11, 2025.
FINANCIAL IMPACT:
Funds have been included in the approved Fiscal Year 2025-26 Financial Plan under Public Works and Authority Operations in the amount of $305,000 under various accounts for On-Call Plumbing Services. Of this amount, allocations cover both City-owned facilities and Palm Desert Housing Authority properties.
For the Housing Authority, funding is included within its approved operating budget, and expenses related to Housing Authority properties will be charged to the appropriate Housing Authority accounts. Therefore, there is no further financial impact to the General Fund.
The table below lists the some but not all the various accounts and funds available:
Description Account No. Budget Contract
Civic Center Park 1104610-4332100 $25,000
Tri-Cities Sports 1104610-4337100 $7,500
Parks 1104611-4332501 $25,000
Medians 1104614-4332501 $10,000
Entrada Del Paseo 1104614-4392101 $10,000
Corporation Yard 1104330-4331000 $10,000
City Hall 1104340-4331000 $25,000
Portola Community Center 1104344-4331000 $5,000
390
City of Palm Desert
Award Contracts for On-Call Plumbing Services
Fire Stations 2304220-4331000 $25,000
Aquatic Center 2424549-4331101 $25,000
Desert Willow 4414195-4332000 $15,000
Government Bldgs 5104195-Multiple $47,500
Housing Authority 871xxxx-xxxx000 $75,000
**Urban Worx $150,000
**Pro-Craft $150,000
TOTAL $305,000 $300,000
**Current request
Although the amounts listed are intended to cover the costs, actual distribution will vary based on actual use.
Staff will continue to budget accordingly during the annual budget process to ensure adequate funding in future fiscal years.
ATTACHMENTS:
1. Urban Worx Construction Agreement
2. Pro-Craft Construction Agreement
3. Urban Worx Construction Payment and Performance Bonds
4. Pro-Craft Construction Payment and Performance Bonds
5. Urban Worx Construction Proposal
6. Pro-Craft Construction Proposal
391
392
Contract No. ___________
1 Revised 01-2024
BBK 72500.00001\32374943.1
CITY OF PALM DESERT AND PALM DESERT HOUSING AUTHORITY
MAINTENANCE SERVICES AGREEMENT
1. Parties and Date. This Agreement is made and entered into this 11th day of September, 2025, by and between the City of Palm Desert, a municipal corporation, or Palm Desert Housing Authority, a public body, 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, (“City”) and ProCraft Construction, Inc., an S Corporation, with its principal place of business at 500 Iowa Street, Redlands, CA 92373 ("Contractor"). The City and Contractor are sometimes individually referred to herein as "Party" and collectively as "Parties."
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 it 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.
The City is a public agency of the State of California and is in need of services for the following project:
On-Call Plumbing Services
Project No. MPK00010
(hereinafter referred to as “the Project”).
3. 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 July 1, 2025, to June 30, 2028, 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 2 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. 393
Contract No. ___________
2 Revised 01-2024
BBK 72500.00001\32374943.1
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment 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 City’s Representative. The City hereby designates Shawn Muir, Community Services Manager, 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 Christopher McFayden, President, 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 Employees. 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, including a City Business License, and that such licenses and approvals shall be maintained 394
Contract No. ___________
3 Revised 01-2024
BBK 72500.00001\32374943.1
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; Employee/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 Employment 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 subsubconsultants 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.
395
Contract No. ___________
4 Revised 01-2024
BBK 72500.00001\32374943.1
3.2.10.3 Equal Opportunity Employment. 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 Quality. 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 Management 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 to penalties, fines, or additional regulatory requirements.
3.2.11 Insurance.
3.2.11.1 Minimum Requirements. 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 Liability 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 $2,000,000 per occurrence, $4,000,000 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 Liability 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 with Work to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each 396
Contract No. ___________
5 Revised 01-2024
BBK 72500.00001\32374943.1
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 his/her duties under this Agreement. (C) Umbrella or Excess Liability 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) Pay on behalf of wording as opposed to
reimbursement;
(c) Concurrency of effective dates with primary
policies; and
(d) Policies shall “follow form” to the underlying
primary policies.
(e) Insureds under primary policies shall also be
insureds under the umbrella or excess policies.
(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 elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives. (E) Fidelity Coverage. Reserved.
(F) Cyber Liability Insurance. Reserved.
(G) Pollution Liability Insurance. Reserved.
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 Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to 397
Contract No. ___________
6 Revised 01-2024
BBK 72500.00001\32374943.1
property, which may arise from or in connection with the performance of the work hereunder by Contractor, his/her agents, representatives, employees, or subconsultants. (C) Primary/Non-Contributing. 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) City’s Rights 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 VII (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 Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, 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, and their respective agents, officials, employees, volunteers, and representatives, 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 Limiting. 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.
(I) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except 398
Contract No. ___________
7 Revised 01-2024
BBK 72500.00001\32374943.1
for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(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, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage 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 Through Clause. Contractor agrees to ensure that its subconsultants, 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) City’s Right 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. (O) 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 399
Contract No. ___________
8 Revised 01-2024
BBK 72500.00001\32374943.1
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 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, 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 Payment Bond. If required by law or otherwise specifically requested by City, 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 ten (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:VIII 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 Accounting 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 created pursuant to this Agreement. Contractor shall allow inspection of all work, data, 400
Contract No. ___________
9 Revised 01-2024
BBK 72500.00001\32374943.1
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 Differing Conditions. Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes, hazardous substances 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 Damage. 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 Warranty. 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 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 401
Contract No. ___________
10 Revised 01-2024
BBK 72500.00001\32374943.1
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 One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00) without written approval of the City Council, Housing Authority, City Manager, or Executive Director, 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 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.
3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.5 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.
402
Contract No. ___________
11 Revised 01-2024
BBK 72500.00001\32374943.1
3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., 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 $1,000 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 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 or appointed officers, and their respective agents, officials, employees, volunteers and representatives 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.
3.3.7 Registration/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 elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives 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.
403
Contract No. ___________
12 Revised 01-2024
BBK 72500.00001\32374943.1
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.
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: Pro-Craft Construction, Inc.
500 Iowa Street
Redlands, CA 92373
ATTN: Christopher McFayden, President
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: Public Works
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 Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives 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 Indemnity Obligations. 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 the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its elected or appointed officers, and their respective agents, officials, employees, 404
Contract No. ___________
13 Revised 01-2024
BBK 72500.00001\32374943.1
volunteers, and representatives as part of any such claim, suit, action, or other proceeding.
Contractor shall also reimburse City for the cost of any settlement paid by the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives 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 the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, for any and all legal expenses and costs incurred by each of them in connection 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, the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives.
3.5.3 Governing 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 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.7 Assignment 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 workdays. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to the City include its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives 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. 405
Contract No. ___________
14 Revised 01-2024
BBK 72500.00001\32374943.1
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.
3.5.11 No Third-Party 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 Invalidity; Severability. 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 Authority to Enter Agreement. 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 Agreement. 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]
406
Contract No. ___________
15 SIGNATURE PAGE TO MAINTENANCE SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT AND THE PALM DESERT HOUSING AUTHORITY 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
By:
Chris Escobedo
Interim City Manager/Interim
Executive Director
Attest:
By:
Anthony J. Mejia
City Clerk/Secretary
Approved as to form:
By:
Isra Shah
Best Best & Krieger LLP
City Attorney/General Counsel
PRO-CRAFT CONSTRUCTION, INC., AN S
CORPORATION
By:
Christopher McFayden
President
By:
Susan McFayden
Vice President
Contractor’s License Number and
Classification
DIR Registration Number (if applicable)
City Clerk QC: _____
Contracts QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
_____
Bonds
407
(BB&K 2019)
72500.00001\32374943.1
EXHIBIT “A”
SCOPE OF SERVICES
The scope of services includes repairs, replacements, and installation of plumbing components, including but not limited to, the following: troubleshooting leaks or blockages, replacing faucets and fixtures, repairing or installing water supply lines, clearing clogged drains, installing or replacing toilets, sinks, and garbage disposals, repairing or replacing water heaters, and addressing issues related to water pressure or drainage. The scope of services may also include, but is not limited to, the following: routine inspections, minor pipe rerouting, installation of backflow prevention devices, maintenance of irrigation system connections, and emergency response to plumbing failures.
The Contractor will be required to provide all necessary vehicles, tools, equipment, and materials to perform the Services.
The Contractor will be required to perform Services at a negotiated hourly rate based on established hourly rates for contractor equipment and personnel, plus established mark-up for furnished equipment and materials. Prevailing wage rates are required.
The Contractor shall provide personnel qualified to perform the Services outlined in this RFP and Agreement.
The Contractor shall provide:
• 24-hour emergency service
• Dispatch 24 hours per day
• Emergency Two (2)-hour call back response
• Standard, Non-Emergency work 48-hour call back response. 408
(BB&K 2019)
72500.00001\32374943.1
EXHIBIT “B”
SCHEDULE OF SERVICES
The term of this Agreement shall be from July 1, 2025, to June 30, 2028, 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 2 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.
409
Contract No. ___________
Revised 01-2024
BBK 72500.00001\32374915.1
EXHIBIT “C”
COMPENSATION
The total annual compensation shall not exceed $150,000.00 per fiscal year and may only be adjusted for Consumer Price Index for all Urban Consumers (CPI-U) for the Riverside-San Bernardino Ontario, CA Region rate for the 12-month period ending May, with written approval from the City Council or City Manager following FY 2025-26, as applicable. Payment and Performance Bonds apply and will follow after the compensation. *Parts to be paid at cost noted on submitted receipt(s) plus an allowable mark-up of 15% 410
Contract No. ___________
1 Revised 01-2024
BBK 72500.00001\32374943.1
CITY OF PALM DESERT AND PALM DESERT HOUSING AUTHORITY
MAINTENANCE SERVICES AGREEMENT
1. Parties and Date. This Agreement is made and entered into this 11th day of September, 2025, by and between the City of Palm Desert, a municipal corporation, or Palm Desert Housing Authority, a public body, 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, (“City”) and Urban Worx Construction, Inc, a Corporation, with its principal place of business at 39203 Leopard Street, Suite B, Palm Desert, CA 92211 ("Contractor"). The City and Contractor are sometimes individually referred to herein as "Party" and collectively as "Parties."
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 it 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.
The City is a public agency of the State of California and is in need of services for the following project:
On-Call Plumbing Services
Project No. MPK00010
(hereinafter referred to as “the Project”).
3. 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 July 1, 2025, to June 30, 2028, 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 2 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. 411
Contract No. ___________
2 Revised 01-2024
BBK 72500.00001\32374943.1
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment 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 City’s Representative. The City hereby designates Shawn Muir, Community Services Manager, 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 James Henderson, President, 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 Employees. 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, including a City Business License, and that such licenses and approvals shall be maintained 412
Contract No. ___________
3 Revised 01-2024
BBK 72500.00001\32374943.1
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; Employee/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 Employment 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 subsubconsultants 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.
413
Contract No. ___________
4 Revised 01-2024
BBK 72500.00001\32374943.1
3.2.10.3 Equal Opportunity Employment. 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 Quality. 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 Management 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 to penalties, fines, or additional regulatory requirements.
3.2.11 Insurance.
3.2.11.1 Minimum Requirements. 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 Liability 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 $2,000,000 per occurrence, $4,000,000 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 Liability 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 with Work to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each 414
Contract No. ___________
5 Revised 01-2024
BBK 72500.00001\32374943.1
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 his/her duties under this Agreement. (C) Umbrella or Excess Liability 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) Pay on behalf of wording as opposed to
reimbursement;
(c) Concurrency of effective dates with primary
policies; and
(d) Policies shall “follow form” to the underlying
primary policies.
(e) Insureds under primary policies shall also be
insureds under the umbrella or excess policies.
(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 elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives. (E) Fidelity Coverage. Reserved.
(F) Cyber Liability Insurance. Reserved.
(G) Pollution Liability Insurance. Reserved.
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 Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to 415
Contract No. ___________
6 Revised 01-2024
BBK 72500.00001\32374943.1
property, which may arise from or in connection with the performance of the work hereunder by Contractor, his/her agents, representatives, employees, or subconsultants. (C) Primary/Non-Contributing. 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) City’s Rights 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 VII (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 Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, 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, and their respective agents, officials, employees, volunteers, and representatives, 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 Limiting. 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.
(I) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except 416
Contract No. ___________
7 Revised 01-2024
BBK 72500.00001\32374943.1
for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(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, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage 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 Through Clause. Contractor agrees to ensure that its subconsultants, 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) City’s Right 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. (O) 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 417
Contract No. ___________
8 Revised 01-2024
BBK 72500.00001\32374943.1
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 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, 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 Payment Bond. If required by law or otherwise specifically requested by City, 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 ten (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:VIII 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 Accounting 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 created pursuant to this Agreement. Contractor shall allow inspection of all work, data, 418
Contract No. ___________
9 Revised 01-2024
BBK 72500.00001\32374943.1
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 Differing Conditions. Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes, hazardous substances 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 Damage. 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 Warranty. 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 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 419
Contract No. ___________
10 Revised 01-2024
BBK 72500.00001\32374943.1
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 One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00) without written approval of the City Council, Housing Authority, City Manager, or Executive Director, 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 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.
3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.5 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.
420
Contract No. ___________
11 Revised 01-2024
BBK 72500.00001\32374943.1
3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., 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 $1,000 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 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 or appointed officers, and their respective agents, officials, employees, volunteers and representatives 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.
3.3.7 Registration/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 elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives 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.
421
Contract No. ___________
12 Revised 01-2024
BBK 72500.00001\32374943.1
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.
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: Urban Worx Construction, Inc.
39203 Leopard Street Ste. B
Palm Desert, CA 92211
ATTN: James Henderson, President
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: Public Works
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 Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives 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 Indemnity Obligations. 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 the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its elected or appointed officers, and their respective agents, officials, employees, 422
Contract No. ___________
13 Revised 01-2024
BBK 72500.00001\32374943.1
volunteers, and representatives as part of any such claim, suit, action, or other proceeding.
Contractor shall also reimburse City for the cost of any settlement paid by the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives 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 the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, for any and all legal expenses and costs incurred by each of them in connection 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, the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives.
3.5.3 Governing 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 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.7 Assignment 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 workdays. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to the City include its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives 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. 423
Contract No. ___________
14 Revised 01-2024
BBK 72500.00001\32374943.1
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.
3.5.11 No Third-Party 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 Invalidity; Severability. 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 Authority to Enter Agreement. 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 Agreement. 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]
424
Contract No. ___________
15 SIGNATURE PAGE TO MAINTENANCE SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT AND THE PALM DESERT HOUSING AUTHORITY AND URBAN WORX 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
By:
Chris Escobedo
Interim City Manager/ Interim
Executive Director
Attest:
By:
Anthony J. Mejia
City Clerk/Secretary
Approved as to form:
By:
Isra Shah
Best Best & Krieger LLP
City Attorney/Special Counsel
URBAN WORX CONSTRUCTION, INC., A
CORPORATION
By:
James Henderson
President
By:
John Doyle
Vice President
Contractor’s License Number and
Classification
DIR Registration Number (if applicable)
City Clerk QC: _____
Contracts QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
_____
Bonds
425
(BB&K 2019)
72500.00001\32374943.1
EXHIBIT “A”
SCOPE OF SERVICES
The scope of services includes repairs, replacements, and installation of plumbing components, including but not limited to, the following: troubleshooting leaks or blockages, replacing faucets and fixtures, repairing or installing water supply lines, clearing clogged drains, installing or replacing toilets, sinks, and garbage disposals, repairing or replacing water heaters, and addressing issues related to water pressure or drainage. The scope of services may also include, but is not limited to, the following: routine inspections, minor pipe rerouting, installation of backflow prevention devices, maintenance of irrigation system connections, and emergency response to plumbing failures.
The Contractor will be required to provide all necessary vehicles, tools, equipment, and materials to perform the Services.
The Contractor will be required to perform Services at a negotiated hourly rate based on established hourly rates for contractor equipment and personnel, plus established mark-up for furnished equipment and materials. Prevailing wage rates are required.
The Contractor shall provide personnel qualified to perform the Services outlined in this RFP and Agreement.
The Contractor shall provide:
• 24-hour emergency service
• Dispatch 24 hours per day
• Emergency Two (2)-hour call back response
• Standard, Non-Emergency work 48-hour call back response. 426
(BB&K 2019)
72500.00001\32374943.1
EXHIBIT “B”
SCHEDULE OF SERVICES
The term of this Agreement shall be from July 1, 2025, to June 30, 2028, 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 2 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.
427
Contract No. ___________
Revised 01-2024
BBK 72500.00001\32374915.1
EXHIBIT “C”
COMPENSATION
The total annual compensation shall not exceed $150,000.00 per fiscal year and may only be adjusted for Consumer Price Index for all Urban Consumers (CPI-U) for the Riverside-San Bernardino Ontario, CA Region rate for the 12-month period ending May, with written approval from the City Council or City Manager following FY 2025-26, as applicable. Payment and Performance Bonds apply and will follow after the compensation. *Parts to be paid at cost noted on submitted receipt(s) plus an allowable mark-up of 15% 428
Contract No. ___________
Exhibit “C”
Revised 11-2-20
BBK 72500.00001\32374915.1
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 Construction, Inc., (hereinafter referred to as the “Contractor”) an agreement for OnCall Plumbing Services (Project No. MPK00010) (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 September 11, 2025, (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, Pro-Craft Construction, Inc., 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 One Hundred Fifty Thousand Dollars, ($150,000), 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 elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, 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
(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 429
Contract No. ___________
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.
[SIGNATURES ON NEXT PAGE]
430
Contract No. ___________
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20____.
(Corporate Seal)
Contractor/ Principal
By ____________________ ____
Printed name: _______________________
Title: ______________________________
(Corporate Seal) Surety
By: ________________________________
Printed Name: _______________________
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
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.
431
Contract No. ___________
NOTE: This acknowledgment is to be completed for Contractor/Principal.
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 DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
432
Contract No. ___________
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.
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 DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
433
Contract No. ___________
PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS That
WHEREAS, the City of Palm Desert (hereinafter designated as the “City”), by action taken or a resolution passed September 11, 2025, has awarded to Pro-Craft Construction, Inc., hereinafter designated as the “Principal,” a contract for the work described as follows:
On-Call Plumbing Services (Project No. MPK00010) (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 September 11, 2025, (“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 One Hundred Fifty Thousand Dollars, ($150,000) 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 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 434
Contract No. ___________
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.
[SIGNATURES ON NEXT PAGE]
435
Contract No. ___________
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By ____________________ ____
Printed name: _______________________
Title: ______________________________
(Corporate Seal) Surety
By: ________________________________
Printed Name: _______________________
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
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.
436
Contract No. ___________
NOTE: This acknowledgment is to be completed for Contractor/Principal.
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 DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
437
Contract No. ___________
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.
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 DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
438
Contract No. ___________
Exhibit “C”
Revised 11-2-20
BBK 72500.00001\32374915.1
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to Urban Worx Construction, Inc., (hereinafter referred to as the “Contractor”) an agreement for On-Call Plumbing Services (Project No. MPK00010) (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 September 11, 2025, (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, Urban Worx Construction, Inc., 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 One Hundred Fifty Thousand Dollars, ($150,000), 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 elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, 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
(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 439
Contract No. ___________
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.
[SIGNATURES ON NEXT PAGE]
440
Contract No. ___________
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20____.
(Corporate Seal)
Contractor/ Principal
By ____________________ ____
Printed name: _______________________
Title: ______________________________
(Corporate Seal) Surety
By: ________________________________
Printed Name: _______________________
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
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.
441
Contract No. ___________
NOTE: This acknowledgment is to be completed for Contractor/Principal.
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 DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
442
Contract No. ___________
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.
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 DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
443
Contract No. ___________
PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS That
WHEREAS, the City of Palm Desert (hereinafter designated as the “City”), by action taken or a resolution passed September 11, 2025, has awarded to Urban Worx Construction, Inc., hereinafter designated as the “Principal,” a contract for the work described as follows:
On-Call Plumbing Services (Project No. MPK00010) (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 September 11, 2025, (“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 One Hundred Fifty Thousand Dollars, ($150,000) 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 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 444
Contract No. ___________
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.
[SIGNATURES ON NEXT PAGE]
445
Contract No. ___________
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By ____________________ ____
Printed name: _______________________
Title: ______________________________
(Corporate Seal) Surety
By: ________________________________
Printed Name: _______________________
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
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.
446
Contract No. ___________
NOTE: This acknowledgment is to be completed for Contractor/Principal.
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 DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
447
Contract No. ___________
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.
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 DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
448
City of Palm Desert
PW - Operations & Maintenance
Randy Chavez, Director of Public Works
73-510 Fred Waring Drive, Palm Desert, CA 92260
[PRO-CRAFT CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT RFP No. 2025-RFP-197
On-Call Plumbing Services
RESPONSE DEADLINE: August 11, 2025 at 2:00 pm
Report Generated: Monday, August 18, 2025
Pro-Craft Construction, Inc. Response
CONTACT INFORMATION
Company:
Pro-Craft Construction, Inc.
Email:
[email protected]
Contact:
estimating Department
Address:
500 Iowa Street
Redlands, CA 92373
Phone:
(909) 790-5222 Ext: 112
Website:
www.procraftci.com
Submission Date:
Aug 11, 2025 12:32 PM (Pacific Time)
449
[PRO-CRAFT CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT RFP No. 2025-RFP-197
On-Call Plumbing Services
[PRO-CRAFT CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT Request For Proposal - On-Call Plumbing Services
ADDENDA CONFIRMATION
No addenda issued
QUESTIONNAIRE
1. Proposal (WITHOUT COST)*
Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall be organized and include page numbers for all pages in the proposal. The proposal shall be uploaded here, in the following order and shall include:
1. Cover Letter
A. This letter should briefly introduce the firm, summarize the firm’s general qualifications, include an executive summary of the specific approach which will be used to deliver the work scope; and identify the individual(s) name, address and phone number authorized to negotiate Agreement terms and compensation.
2. Experience and Technical Competence
A. Background: Provide history of the firm’s consulting experience which specifically addresses the individual or firm’s experience with similar Service as described in this RFP.
B. References: The proposal shall include a list of recently completed projects that are similar in scope and function to this RFP. Provide a description of the project, client name, and the name, title, and telephone number of the primary contact person.
3. Firm Staffing and Key Personnel
A. Staffing: Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as well as your firm’s capacity to provide additional personnel as needed.
B. Key Personnel: Identify key persons that will be principally responsible for working with the City. Indicate the role and responsibility of each individual.
450
[PRO-CRAFT CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT RFP No. 2025-RFP-197
On-Call Plumbing Services
[PRO-CRAFT CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT Request For Proposal - On-Call Plumbing Services
C. Team Organization: Describe proposed team organization, including identification and responsibilities of key personnel.
D. Subcontractors: The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor that is anticipated to perform each function.
4. Proposed Method to Accomplish the Work
A. Describe the technical and management approach to providing the Services to the City. Proposer should take into account the scope of the Services, and general functions required. Include a draft first year schedule of tasks, milestones, and deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described herein, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the discussion of its proposed method to accomplish the work.
Proposal.pdf
Service_T&M_Equip_Only_Expire_20260701.pdf
2. Non-Collusion Declaration*
The undersigned declares:
I am an authorized representative of my company, the party making the foregoing Bid, to certify the following.
The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. 451
[PRO-CRAFT CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT RFP No. 2025-RFP-197
On-Call Plumbing Services
[PRO-CRAFT CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT Request For Proposal - On-Call Plumbing Services
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Confirmed
3. Enter your valid CA Contractors State License Board (CSLB) number* Please enter your License Number here. This will be verified against the state database. 467234
Click to Verify Value will be copied to clipboard
4. Enter your California Department of Industrial Relations (DIR) Registration number* Please enter your Public Works Contractor DIR Number. This will be verified against the state database. 1000001106
Click to Verify Value will be copied to clipboard
5. Type of Business*
S Corporation (if corporation, two signatures are required)
6. Litigation*
Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5) years (or type "N/A").
Please see attached confidential document.
452
[PRO-CRAFT CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT RFP No. 2025-RFP-197
On-Call Plumbing Services
[PRO-CRAFT CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT Request For Proposal - On-Call Plumbing Services
453
[PRO-CRAFT CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT RFP No. 2025-RFP-197
On-Call Plumbing Services
[PRO-CRAFT CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT Request For Proposal - On-Call Plumbing Services
7. Changes to Agreement*
The City standard professional services agreement contract is included as an attachment herein. The Proposer shall identify any objections to and/or request changes to the standard contract language in this section of the proposal (or type "N/A"). If you are identifying changes here ALSO upload a copy of the redlined Language/Agreement with your Proposal. Changes requested may effect theCity's decision to enter into an Agreement.
N/A
8. No Deviations from the RFP*
In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, but not limited to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted here, and may be reason for rejection of the proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification provisions therein (or type "N/A").
Maximum response length: 5000 characters
N/A
9. Project Team Resumes*
Submit resumes of all key personnel/support staff that will produce work product for the Services. Describe their qualifications, education, and professional licensing.
Pro-Craft-Resumes-2021-Leslie_Kussman.pdf
Pro-Craft-Resumes-2023-04-Everett_Trinidad.pdf
Resumes-Garrett_Kelley.pdf
Resumes-Joseph_Ramirez.pdf
Resumes-Kyle_Chanthachak.pdf
Resumes-Matthew_Dalgity-02-22.pdf
Tyler_Leavitt_-_Resume.pdf
454
[PRO-CRAFT CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT RFP No. 2025-RFP-197
On-Call Plumbing Services
[PRO-CRAFT CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT Request For Proposal - On-Call Plumbing Services
10. List the Signatory(s) Authorized to Sign and Bind an Agreement.* (If two (2) signatures are required, include the following information for both signatories)
1. Full Name
2. Title
3. Physical Business Address
4. Email Address
5. Phone Number
Corporation (C-Corp, S,B, Stock etc.): Requires two signatures—both from authorized officers (e.g., President, Vice President, Secretary, or Treasurer). If signing authority is not held by a President, Vice President, Treasurer, or Secretary, a Corporate Resolution or Article of Authority is needed to verify the signer’s authorization.
LLC: Usually requires one signature from an authorized member or manager. For significant contracts (e.g., over $50,000 for construction or over $25,000 for service agreements), additional approvals or signatures may be required.
Sole Proprietorship, Non-Profit, Single LLC: Only the one signature is necessary.
A. Christopher McFayden
B. President/CEO
C. 500 Iowa Street, Redlands, CA 92373
D. [email protected]
E. 909-790-5222
A. Susan McFayden
B. CFO
C. 500 Iowa Street, Redlands, CA 92373
D. [email protected]
455
[PRO-CRAFT CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT RFP No. 2025-RFP-197
On-Call Plumbing Services
[PRO-CRAFT CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT Request For Proposal - On-Call Plumbing Services
E. 909-790-5222
11. Certification of Proposal: The undersigned hereby submits its proposal and, by doing so, agrees to furnish services in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.* Confirmed
PRICE TABLES
Line Item Description Unit of Measure Unit Cost
1 Supervisor/Foreman - Standard Rate Hour $238.87
2 Supervisor/Foreman - Emergency/After-Hours Rate Hour $300.06 3 Supervisor/Foreman - Weekend/Holiday Rate Hour $361.27 4 Journeyman - Standard Rate Hour $173.07
5 Journeyman - Emergency/After-Hours Rate Hour $219.12
6 Journeyman - Weekend/Holiday Rate Hour $271.87
7 Apprentice - Standard Rate Hour $136.55
8 Apprentice - Emergency/After-Hours Rate Hour $180.56
9 Apprentice - Weekend/Holiday Rate Hour $224.58
10 Laborer - Standard Rate Hour $150.06
11 Laborer - Emergency/After-Hours Rate Hour $193.34
456
[PRO-CRAFT CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT RFP No. 2025-RFP-197
On-Call Plumbing Services
[PRO-CRAFT CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT Request For Proposal - On-Call Plumbing Services
Line Item Description Unit of Measure Unit Cost
12 Laborer - Weekend/Holiday Rate Hour $236.60
457
1 On-Call Plumbing Services
PREPARED FOR PREPARED BY
Pro-Craft Construction, Inc.
Leslie Kussman
Service Manager
500 Iowa Street
Redlands, CA 92373
909-790-5222
[email protected] City of Palm Desert and Palm Desert Housing Authority City of Palm Desert and
Palm Desert Housing Authority
73-510 Fred Waring Drive
Palm Desert, CA 92260
1 458
500 Iowa Street, Redlands, CA 92373 | procraftci.com | 909.790.5222 | License # CA 467234 C-36, C-34, B, A, C-42, C-2, C-16 | DIR 1000001106 2 Pro-Craft Construction – Cover Letter
Founded in 2003 by Tim McFayden with one truck, a $350,000 bonding capacity, and a commitment to integrity, professionalism, and honesty, Pro-Craft Construction has grown into a leading contractor in Southern California. Today, with over 160 employees, 55,000 square feet of facilities, and a bonding capacity exceeding $120 million, we remain a family-founded, team-driven company that delivers highquality public works construction.
General Qualifications
Pro-Craft has a 20+ year track record of successfully delivering large-scale public works construction projects, some valued up to $18 million. Our partnerships with school districts, municipalities, and higher education institutions speak to our capability, reliability, and client-first approach. We are a trusted partner to numerous Southern California schools and community colleges, with experience managing the complex requirements of public education construction, including DSA coordination, community engagement, and multi-phased scheduling. Our projects consistently meet the highest standards for safety, quality, and performance.
As a licensed contractor with multiple classifications, Pro-Craft delivers turnkey, end-to-end solutions that streamline costs and improve project efficiency. Our in-house teams, supported by a powerful enterprise resource planning (ERP) system, self-perform the majority of our work across the following specialties:
• Plumbing and wet-side mechanical systems
• Underground utilities and fire protection
• Process Piping
• General engineering and heavy equipment rental
• Building Information Modeling (BIM)
• 24/7 Service and repair support
Approach to Delivering the Work Scope
Our “Pro-Active Approach” centers on early engagement, transparent communication, and integrated project delivery. By self-performing critical scopes, leveraging an advanced ERP system for real-time project tracking, and coordinating closely with stakeholders, we ensure efficient mobilization, minimal disruption, and on-time completion. We prioritize safety, collaboration, and adaptability to meet each client’s unique needs while delivering consistent, high-quality results.
Authorized Representative & Contact Information
Roxanne Greenwood, Contract Administrator, is authorized to negotiate agreement terms and compensation on behalf of Pro-Craft Construction.
Christopher McFayden, President & CEO, Timothy McFayden, SEC and Susan McFayden, CFO are all authorized to sign contracts on behalf of Pro-Craft Construction, Inc. 500 Iowa Street
Redlands, CA 92373
Phone: (909) 790-5222
Email: [email protected]
459
500 Iowa Street, Redlands, CA 92373 | procraftci.com | 909.790.5222 | License # CA 467234 C-36, C-34, B, A, C-42, C-2, C-16 | DIR 1000001106 3 Experience and Technical Competence
Background
Since 2003, Pro-Craft Construction has specialized in providing full-service plumbing solutions for public agencies, educational institutions, and municipalities throughout Southern California. Our experience extends far beyond installation and repair — we offer consultative expertise that helps clients identify, plan, and resolve plumbing challenges efficiently, safely, and with minimal disruption to operations.
For more than 20 years, we have served as a trusted on-call plumbing partner to school districts, cities, and higher education facilities. This role requires rapid mobilization, accurate problem assessment, and the ability to advise on both immediate and long-term solutions. Our consulting experience in this area includes:
• System Assessments & Diagnostics – Conducting on-site evaluations to identify root causes, system vulnerabilities, and compliance issues.
• Scope Development & Cost Analysis – Advising clients on the most cost-effective and sustainable repair or replacement options, including materials and methods suited to their facilities. • Regulatory Coordination – Ensuring compliance with local codes, health and safety regulations, and, where applicable, Division of the State Architect (DSA) requirements. • Phased Work Planning – Designing schedules that minimize operational impacts for occupied sites, including after-hours and emergency work strategies. • Preventive Maintenance Consulting – Recommending proactive maintenance plans to extend the life of plumbing systems and reduce future downtime.
Experience in Similar Services
• Multiple K–12 School Districts – Provided on-call plumbing consulting and repair services for campuses across Southern California, including underground utility repairs, restroom fixture replacements, backflow prevention, and domestic water system upgrades. • Municipal Facilities – Responded to emergency calls for city buildings, advising on and executing repairs for water main breaks, sewer line failures, and fire protection tie-ins. • Higher Education Campuses – Consulted on large plumbing retrofits and expansions, including temporary bypass systems and sequencing strategies to avoid class or lab disruptions.
Our Pro-Active Approach ensures that every service request begins with thorough communication and a clear understanding of the client’s priorities. Because we self-perform plumbing work with a team of highly trained, licensed professionals — supported by an in-house Service Department — our recommendations are grounded in practical expertise and proven performance. 460
OUR MISSION
Founded on strong working
relationships, our mission is to
continuously provide the
highest quality of services
while also supporting and
connecting with our local
community programs.
EMERGENCY SERVICES
Our highly trained commercial
service technicians provide
24-hour emergency services
quickly and safely without
sacrificing on quality.
REDUCE DOWNTIME
Our qualified team streamlines
the award process to expedite
the execution of public
projects, which ultimately
reduces downtime.
TESTIMONIALS
“I truly appreciate the outstanding work your team has provided. Your technicians consistently go above and beyond to solve “mystery” issues that have challenged the stations for years. They are always professional, and every issue has been resolved or repaired on the first trip—no exceptions.”
-Cora Gaugush - Project Technician - City of Palm Desert “I want to thank you and your team for all your help. Your crew did an excellent job, and I’m very impressed with how quickly and efficiently they completed the work.
Their professionalism and attention to detail were truly commendable.” -Art J. Baltierra - Supervisor, Support Services - Corona/Norco Unified School District 24-HOUR
EMERGENCY SERVICE
833-488-522
WWW.PROCRAFTCI.COM
SERVICES
Drain Service
Video Inspection
Leak Repair
Water Heaters
Booster Pumps
Hydro Jetting
Sewer Lining
Line Locating
Boilers
Acid Waste
Hydronic Systems
Medical Gas
Earthquake Valves
PIV & FDC
Detention Systems
Chilled Water
Compressed Air
Fire Hydrants
Backflows
Lift Stations
SPECIALTY SERVICES
Excavation
Demolition
Concrete Patch
Tile Patch
Saw Cutting
Asphalt Patch
Drywall Patch
Painting
DELIVERY OPTIONS
Direct Hire
Fixed Pricing
Time and Material
Service Contract
Unit Pricing
Forced Account
AREAS SERVED
Los Angeles
Ventura County
Imperial County
Kern County San Diego
San Bernadino
Riverside
Orange County
Camera, Video, Location, & Recording
Service Equipment – now capable of
capturing footage in pipes up to 24” in
diameter using our new Pipe Crawler.
Hydro Jetting for all drain and sewer lines
up to 4”.
Concrete Demolition Equipment.
Drain Machines able to clear up to 6” sewer
lines, now including descaling for pipes up
to 4” with our new High-Speed Chain Snake.
Fully Self Contained Power Source IE:
Gas Generator.
SERVICE VAN CAPABILITIES
OUR CAPABILITIES
Plumbing
Mechanical
Design Build
Process Piping
General Engineering
Underground Utilities
Fire Protection
Commercial Service
360 degrees of Exterior Lighting for Night
and Remote Work.
Pipe Threader, able to thread pipe up to 2”
onsite.
Utility Location Equipment, Able to locate
Gas, Electrical “Edison,” City Water and
Sewer Mains.
Trailer Jetting for Sewer Lines & Storm
Drain Lines – now servicing lines up to 24”
with our Mongoose 254-HD High-Pressure
Jetter.
4 461
500 Iowa Street, Redlands, CA 92373 | procraftci.com | 909.790.5222 | License # CA 467234 C-36, C-34, B, A, C-42, C-2, C-16 | DIR 1000001106 5 Experience and Technical Competence
Cont.
References
Description of the project: Perform maintenance, repairs and alterations for plumbing systems Client Name: Orange County Public Works
Contact Person: Gerald Walker, Plumbing and Metalsmith Superintendent, 714-667-4931 Description of the project: Perform maintenance, repairs and alterations for plumbing systems Client Name: John Wayne Airport
Contact Person: Tyler Polidori, Project Manager, 949-252-5095 Description of the project: On-Call, As Needed Plumbing Services Client Name: City of LA, General Services Division
Contact Person: Joe Arias, Building Maintenance Central District Plumbing Supervisor, 310-877- 3304
Description of the project: On-Call, As Needed Plumbing Services Client Name: City of Redlands
Contact Person: Kathleen Giorgianni, Senior Administrative Assistant, 909-557-5514 Description of the project: Plumbing maintenance and repair services Client Name: OC Fire Authority
Contact Person: Dr. Linda Owens Jackson, Chief Facilities Officer, 310-900-1600 ext. 2606 Please See Attached Expanded List of References
462
Entity Name
Name of Contact
Phone Number
Email Address
Total Cost Start Date End Date
Rialto Unified School District Doug Way, Maintenance & Operations Director
909-820-7863
Rialto USD Master Contract
FY 21-22
Field contract services Public Works project. Routine,
ongoing & recurring for plumbing
emergency repairs at various sites for the 2021-22 school year.
$ 4,403.08 7/1/2021 9/30/2022
Orange County Fire Authority David Nickols, Facilities Maintenance Manager
714-573-6475
Glenna Timourian, Business AnalystProperty Management
714-573-6470
Orange County Fire Authority
- Maintenance & Repair Svcs.
Plumbing Maintenance and Repair Services; one year
contract with the option of four (4) one-year renewal
terms.
$ 9/1/2021 9/30/2022 145,273.29
Fontana Unified School District Paul Byrne, Supervisor
909-322-7655
Luis Estrada, Maintenance & Operations
Authorized Purchaser
909-357-5000
Fontana USD Emergency
Plumbing Repair Districtwide
As Needed
Purchase order for emergency Plumbing Repairs
districtwide, on an as needed basis. NTE $85,000.00 Valid until June 30, 2022
$ 58,544.70 9/24/2021 9/30/2022
Fullerton Joint Union High School Dale McCurry, Maintenance & Operations Manager
714-680-5609
Fullerton Joint UHSD Master
FY 2021/2022
Plumbing Services 2021/2022 School Year. $ 40,193.97 7/1/2021 11/3/2022 Inland Empire Health Plan Teri Picarone, Purchasing Contract Specialist
909-890-2688
IEHP Plumbing Svcs FY 22-23 Commercial/Industrial Plumbing Services: February 28, 2022 through February 27, 2023
$ 34,705.84 2/28/2022 4/30/2023
Moreno Valley Unified School District Ryan Beckham, Supervisor III Maintenance & Operations
951-571-7500
David Chatterton, Maint. And Operations
Authorized User
951-571-7500
Nutrition Svcs Dept Open PO
Plumbing Svcs FY 22/23
Annual Open PO for the 2022/2023 School Year not to
exceed $10k - Plumbing Services for the Nutrition Services Dept.
$ 6,751.00 4/4/2023 6/23/2023
Fallbrook Union Elementary School
District
Bryson Bickler, Dir. Of Facilities,
Maintenance & Operations
760-731-5408
Fallbrook Union ESD On Call
As Needed FY 22/23
On Call As Needed Plumbing Services, Not to Exceed
$7,500.00 Fiscal Year 2022-2023.
$ 4,550.57 7/1/2022 6/30/2023
Inland Empire Utilities Agency Sean French, Facilities Specialist 909-993-1768
[email protected]
Frank Sotomayer, Facilities Program
Supervisor
[email protected]
IEUA As Needed Plumbing
Services
On Call As Needed Plumbing Services | NTE $300,000.00
2 Year Term with the agency's discretion to extend up to (3) one-year periods for a total aggregate
contract term of five (5) years.
$ 7/1/2022 6/30/2023 33,711.94
Yucaipa-Calimesa Joint Unified School
District
Dennis Klein, Director of Maintenance and
Operations
909-797-0174
Yucaipa-Calimesa JUSD PO
for Emergency T&M Repairs
FY 22/23
Open Purchase Order for Emergency Time & Material
Repairs Fiscal Year 22/23
$ 21,799.40 7/1/2022 6/30/2023
Orange County Sanitation District Lawrence Johnson, Lead Facilities Worker 714-593-7223
OCSD On-Call Plumbing
Repair Services Renewal #2
FY 22/23
On-Call Plumbing Repair Services - Renewal #2 FY 22/23 $ 73,375.99 7/1/2022 6/30/2023 City of Palm Desert Brad Chuck, City of Palm Desert
760-776-6482
City of Palm Desert On Call
Plumbing Svcs FY 22/23
On-Call Plumbing Services for Parks & Landscape Facilities FY 22/23
$ 165,505.09 7/1/2022 6/30/2023
Fullerton Joint Union High School Dale McCurry, Maintenance & Operations Manager
714-680-5609
FJUSD Open Order for
Plumbing Svcs & Repairs As
Needed DW
Open Order for Plumbing Svcs & Repairs As Needed
Districtwide. NTE $40,000.00
$ 9,561.89 7/1/2022 6/30/2023
Moreno Valley Unified School District Ryan Beckham, Supervisor III Maintenance & Operations
951-571-7500
David Chatterton, Maint. And Operations
Authorized User
951-571-7500
Moreno Valley USD Open PO
FY 2022-23
Project Description: Annual Open Purchase Order for the the 2022/2023 School Year not to Exceed $50k
Scope of Work: Routine Repairs / Service for the Plumbing Dept
$ 39,928.27 5/1/2023 6/30/2023
Purpose of Contract
1 6
463
Entity Name
Name of Contact
Phone Number
Email Address
Purpose of Contract Total Cost Start Date End Date
City of Los Angeles - DGS Joey Limbo, Op. Mgr., GSD Bldg Maint. 818-779-7408
Christopher Thornberry, Bldg. Maint. Dist.
Supervisor
213-276-5507
Curtis Morita, Plumbing Supervisor
818-779-7400
City of LA Plumbing Services
FY 21-22
Scope of Work includes: providing plumbing, natural gas, and sewer line services needed to address: plumbing,
natural gas, sewer line systems, domestic hot and cold
water systems and storm/overflow drainage system
failures. Must provide Service w/in 4 Hours.
$ 738,225.78 11/2/2021 7/31/2023
John Wayne Airport Jared Sharp, Contract Supervisor
714-478-0127
JWA Master On Call Service
Agreement FY 22-23
Master On Call Service Agreement FY 22/23. NTE
$200,000.00
$ 91,908.00 7/1/2022 7/31/2023
OC Public Works/Facility Operations Gerald Walker, Plumbing Supervisor OC Facilities Maint. & Eng.
714-667-4931
OC PW Maint., Repairs, & Alt.
for Plumbing Systems FY
22/23
Perform Maintenance, Repairs and Alterations for Plumbing Systems
Contract MA-080-20011275
NTE $400,000.00
$ 105,731.45 7/1/2022 7/31/2023
City of Redlands Kathleen Giorgianni, Senior Administrative Assistant
909-798-7655
City of Redlands On-Call As
Needed Plumbing Repairs FY
22-23
On Call as needed Plumbing Repairs for FY 22-23 $ 34,763.88 7/1/2022 8/31/2023 Fontana Unified School District Paul Byrne, Supervisor
909-322-7655
Luis Estrada, Maintenance & Operations
Authorized Purchaser
909-357-5000
Fontana USD Plumbing
Maintenance Repairs DW FY
22/23
Open PO Not to Exceed $50,000.00 including all fees, for plumbing maintenance repairs
districtwide, on an as needed basis.
$ 51,627.11 7/1/2022 8/31/2023
City of Redlands Kathleen Giorgianni, Senior Administrative Assistant
909-798-7655
City of Redlands On Call As
Needed Plumbing Services
On Call As Needed Plumbing Svcs $ 32,618.82 1/4/2023 8/31/2023 Orange County Fire Authority David Nickols, Facilities Maintenance Manager
714-573-6475
Glenna Timourian, Business AnalystProperty Management
714-573-6470
Orange Cnty Fire Auth
Plumbing & Maint Repair
Svcs FY 22/23
Plumbing Maintenance and repair services - 1 year $ 202,008.88 9/1/2022 9/30/2023 Housing Authority of the County of San
Bernardino
Mark VanWey, Procurement Officer
909-332-6342
HACSB On-Call Plumbing
Services
On-Call Plumbing Services, Repair, Maintenance,
Emergency | Term: (2) year period beginning approx. April 2022 - April 2024, with option to extend (1) additional two (2) year term.
$ 3/9/2022 11/21/2023 53,789.36
City of Los Angeles - DGS Joey Limbo, Op. Mgr., GSD Bldg Maint. 818-779-7408
Christopher Thornberry, Bldg. Maint. Dist.
Supervisor
213-276-5507
Curtis Morita, Plumbing Supervisor
818-779-7400
City of LA Master Agreement
FY 22/23
Scope of Work includes: providing plumbing, natural gas, and sewer line services needed to
address: plumbing, natural gas, sewer line systems,
domestic hot and cold water systems
and storm/overflow drainage system failures. Must provide Service w/in 4 Hours
$ 101,782.46 11/3/2022 2/28/2024
County of San Bernardino Joseph Sousa, Building Service Superintendent
909-379-2317
San Bernardino County On
Call Plumbing Services FY
23/24
On Call Plumbing Services 4/1/23 - 3/31/24 $ 4,878.63 4/1/2023 3/31/2024 Orange County Fire Authority David Nickols, Facilities Maintenance Manager
714-573-6475
Glenna Timourian, Business AnalystProperty Management
714-573-6470
OCFA Plumbing Maintenance
& Repair Agreement 23/24
Plumbing Maintenance and repair services.
Add Service Call requirements to each task.
$ 67,630.33 10/1/2023 4/30/2024
2 7
464
Entity Name
Name of Contact
Phone Number
Email Address
Purpose of Contract Total Cost Start Date End Date
Judicial Council of Callifornia Alisha Dutta, Project Manager 916-7551952
[email protected]
Plumbing Services for Fixture
Assessment, Replacement,
and
Provide plumbing services for fixture assessments,
replacement, and/or upgrade at Judicial Council locations within Los Angeles County only. Service requests may be issued for additional locations within Los Angeles County on an as needed basis.
$ 2,795,214.00 5/14/2021 5/13/2024
City of Anaheim Maria Rodriguez, Purchasing - Buyer II
714-765-5218
City of Anaheim As Needed
Plumbing FY 23/24
Year 2 of: As needed, on-call repair, replace, maintain existing items, equipment, structures. 4 year term; may renew for two (2) add'l 2 year terms after initial.
$ 4,440.75 7/1/2023 6/30/2024
Riverside Co. Superintendent of Schools Eddie Oregel, Maintenance & Operations Manager
951-826-6410
Steve Leland, Facilities
951-453-3346
RCOE Plumbing, Maint &
Repairs FY 22/23
Contract C1009105 - dated 4/1/2023 through 6/30/2026.
Master Agreement for Plumbing Maintenance and Repairs
Operational Support Services.
NOTE: Like items of material provided shall be products of one Manufacturer for standardization.
NOTE: Bonds Required for $25,000 projects.
NOTE: $60,000 and over Riverside will use 3rd Party LCP for Labor Compliance
NOTE: Contractor to be responsible for all Permits.
NOTE: See Rates and Equipment List - to be used for all quotes
$ 4/1/2023 6/30/2024 101,194.25
City of Corona Raul Areval, Construction Superintendent 951-739-4915
City of Corona As Needed
General PLBG & Sewer Srvs
FY 23-24
Plumbing Service
2 Optional 2 year renewals
July 1,2024 to June 30,2024
July 1,2026-June 30,2028
$ 6/21/2023 6/30/2024 44,354.80
Fallbrook Union Elementary School
District
Bryson Bickler, Dir. Of Facilities,
Maintenance & Operations
760-731-5408
Fallbrook Union ESD As
Needed Service Agreement
FY 23/24
Master Service Agreement for 2023 - 2024 Year.
Troubleshooting, maintenance service and repair work
District Wide as identified by Bryson Bickler, Director of Facilities, M&O.
$ 7/1/2023 6/30/2024 1,073.57
Orange County Sanitation District Lawrence Johnson, Lead Facilities Worker 714-593-7223
OCSD On-Call Plumbing
Repair Services Renewal #3
FY 23/24
On-Call Plumbing Repair Services - Renewal #3 FY 23/24 1,698.60 $ 7/1/2023 6/30/2024 Fullerton Joint Union High School Dale McCurry, Maintenance & Operations Manager
714-680-5609
FJUSD As Needed Plumbing
Services & Repairs FY 23/24
FJUHSD District Service Center Open Purchase Order
T70X0067 for As Needed Plumbing Svcs & Repairs
Districtwide. NTE $10,000.00
$ 68,192.70 7/1/2023 6/30/2024
Jurupa Unified School District Albert Hernandez, Supervisor of Maintenance & Operations
951-360-4100
Jurupa USD As Needed On
Call Open PO 23/24
Open PO for M&O for Plumbing & Emergency Repairs
District-Wide through 6/30/2024
$ 6,739.92 7/1/2023 6/30/2024
Val Verde Unified School District David Henry, Assistant Manager 951-818-3908
Val Verde USD Open PO FY
23/24
On Call As Needed Plumbing Services
Authorized purchasers Peter Davenport, Sam Minniefield, Terry Milliman, Juan Ceja, David Henry
$ 35,172.46 7/1/2023 6/30/2024
Rialto Unified School District Doug Way, Maintenance & Operations Director
909-820-7863
Rialto USD As Needed
Emergency Repairs FY 23/24
As needed Plumbing Emergency Repairs at various sites.
Starts 7/1/2023 through 6/30/2024.
$ 4,644.81 7/1/2023 6/30/2024
City of Palm Desert Brad Chuck, City of Palm Desert
760-776-6482
City of Palm Desert On Call
Plumbing Svcs FY 23/24
On Call Plumbing Services for Parks & Landscape Facilities Amendment #1 Term 7/1/23 thru 6/30/24 with City
unilateral option to renew automatically for
no more than (3) three additional one-year terms
$ 39,541.80 7/1/2023 6/30/2024
Moreno Valley Unified School District Ryan Beckham, Supervisor III Maintenance & Operations
951-571-7500
David Chatterton, Maint. And Operations
Authorized User
951-571-7500
Moreno Valley USD Maint.
Dept. Annual Open PO FY
23/24
Annual Open Purchase Order for the 2023/2024 School
Year. Effective 6/28/2023 through 6/28/2024.
Routine Repairs/Service for the Plumbing Dept.
$ 1,202.95 6/28/2023 6/30/2024
3 8
465
Entity Name
Name of Contact
Phone Number
Email Address
Purpose of Contract Total Cost Start Date End Date
Desert Sands Unified School District Gabe De La O, Director Maintenance & Operations
760-771-8553
Juan (Johnny) Alvarez, Manager
Maintenance & Operations
760-771-8709
Desert Sand USD Open PO
FY 23/24
T&M Service Call | Called in by Gabe 760-771-8553 ext
18553 on 9/5/23
The storm drains in the main district offices may be
clogged. Need to camera and verify the issue. Inspect and clear the storm drains.
$ 9/7/2023 6/30/2024 28,739.48
South Pasadena Unified School District Alfredo Perez, Director of Facilities & Maintenance
562-659-1224
S. Pasadena USD Open PO
SPMS Auditorium Restoration
Labor Rates Proposal sent 11/29/2023. Open PO1 -
240000001238 received.
Open PO is for all Plumbing Investigative work for the
renovation of the South Pasadena Middle School Auditorium Restoration.
$ 12/5/2023 6/30/2024 2,885.32
Alvord Unified School District Cynthia Munoz, Assistant to the Director 951-509-5000
Alvord USD Plumbing and
Irrigation As Needed
Plumbing Services on as needed basis
Provide miscellanous labor for general repairs including plumbing and irrigation as needed throughout the District $ 12/7/2023 6/30/2024 34,541.96
Hemet Unified School District Hans Twardowski, Director of Maintenance & Operations
951-765-5100
Hemet USD Misc. Emergency
Services FY 23/24
On Call, As Needed Emergency Plumbing Services Districtwide FY 2023-2024$ 5/17/2024 6/30/2024 4,906.11 Val Verde Unified School District David Henry, Assistant Manager 951-818-3908
Val Verde USD Open PO FY
24/25
Description: Plumbing Services on as needed basis Per
Open Purchase Order B-0012122 7/1/24 - 5/31/25
Scope: Provide miscellanous labor for general repairs
including plumbing and irrigation as needed throughout the District
$ 30,000.00 7/1/2024 6/30/2024
OC Public Works/Facility Operations Gerald Walker, Plumbing Supervisor OC Facilities Maint. & Eng.
714-667-4931
OCPW/JWA Mnt., Rep & Alt
for Plumbing Systems FY
23/24
Amendment No. 2
Perform Maintenance, Repairs and Alterations for Plumbing Systems for County of Orange OC Public Works & John
Wayne Airport
Contract MA-080-20011275
NTE $600,000.00
$ 499,099.73 7/11/2023 7/10/2024
City of Redlands Kathleen Giorgianni, Senior Administrative Assistant
909-798-7655
City of Redlands On-Call
Plumbing Services FY 23/24
General Plumbing Services & Repair Work at various City locations.
$ 4/18/2023 7/18/2024 92,184.83
Fontana Unified School District Paul Byrne, Supervisor
909-322-7655
Luis Estrada, Maintenance & Operations
Authorized Purchaser
909-357-5000
Fontana USD Plumbing
Maintenance Repairs DW FY
23/24
Open Purchase Order for Plumbing Maintenance and
Maintenance District Wide as needed.
Equipment Valued at $500 including tax cannot be
purchased on this PO. Any invoice for a single item that exceeds %500.00 (including tax) must be
reviewed/approved by Purchasing Director. No single
invoice can exeed $5,000.00 without prior authorization from the Purchasing Department. See Contacts for
authorized to purchase.
$ 78,751.44 8/8/2023 7/31/2024
City of Los Angeles - DGS Joey Limbo, Op. Mgr., GSD Bldg Maint. 818-779-7408
[email protected]
Christopher Thornberry, Bldg. Maint. Dist.
Supervisor
213-276-5507
[email protected]
Curtis Morita, Plumbing Supervisor
818-779-7400
[email protected]
City of LA Master Agreement
FY 23/24
Service - Provide and/or Install Various Types of Natural Gas & Sewer Line Plumbing Services
Must provide Proposal with a Not to Exceed Price.
Scope of Work includes: providing plumbing, natural gas, and sewer line services needed to address: plumbing,
natural gas, sewer line systems, domestic hot and cold
water systems and storm/overflow drainage system
failures. Must provide Service w/in 4 Hours
$ 2,500,000.00 11/2/2023 11/1/2025
4 9
466
Entity Name
Name of Contact
Phone Number
Email Address
Purpose of Contract Total Cost Start Date End Date
Housing Authority of the County of San
Bernardino
Mark VanWey, Procurement Officer
909-332-6342
HACSB On-Call Plumbing
Svrs. FY 24/25
On-Call Plumbing Services, Repair, Maintenance,
Emergency - Contract Term 3/9/22 - 3/8/25
3rd Year beginning 3/9/24 expiring 3/8/25
HACSB shall have the option to extend the Agreement for up to two (2) years exercised by written Amendments.
Option years will begin on or about 3/8/25 and expire no later than 3/9/27.
$ 1,172,479.64 3/9/2024 3/8/2025
County of San Bernardino Joseph Sousa, Building Service Superintendent
909-379-2317
San Bernardino County On
Call Plumbing Services FY
24/25
On Call Plumbing Service: Amendment No.1 to Contract No. 4400016415
4/1/24 - 3/31/25 $200k
Payment Terms Net 60
"Subcontractors need to be approved prior."
Emergency repairs response times within 2hrs (Article B6) Recommending Work - Proposal to be submitted within
24hrs (Article B3)
Bonds required for every project over 25K
$ 200,000.00 4/1/2024 3/31/2025
South Pasadena Unified School District Alfredo Perez, Director of Facilities & Maintenance
562-659-1224
South Pasadena USD As
Needed Plumb/Repair 2024
Scope of Work: Open PO for Plumbing System
Maintenance and repair
$ 1/23/2024 6/30/2025 5,888.76
City of Anaheim Maria Rodriguez, Purchasing - Buyer II
714-765-5218
City of Anaheim As Needed
Plumbing FY 24/25
Repair & Maintenance of existing item, equipment &
structures
Year 3 of a 4 year Term. DIR of PW may renew for two (2) additional two (2) year terms after initial term.
Work scheduled on an as-needed basis, most work will be routine on an agreed-upon date/time. Some work will be
urgent or emergency depending on the requirement at that time.
Removal & replacements that exceed $10K are prohibited
$2ML per fiscal year | $1ML per project
No more than three (3) open Work Orders (WO) at one
time
Bond Required for each WO issued
$ 2,000,000.00 7/1/2024 6/30/2025
Fontana Unified School District Paul Byrne, Supervisor
909-322-7655
Luis Estrada, Maintenance & Operations
Authorized Purchaser
909-357-5000
Fontana USD Plumbing
Maintenance Repairs DW FY
24/25
On Call, As-needed Plumbing Services District Wide FY
24/25
$ 26,904.26 7/1/2024 6/30/2025
Fallbrook Union Elementary School
District
Bryson Bickler, Dir. Of Facilities,
Maintenance & Operations
760-731-5408
Fallbrook Union ESD Service
Agreement FY 24/25
Description: Troubleshooting, maintenance service and
repair services for Fiscal Year 2024-2025
Scope: At the direction of the District, Contractor may be asked to perform troubleshooting, maintenance service and repair work districtwide as identified by Bryson Bickler, Director of Facilities, Maintenance and Operations.
$ 10,000.00 7/1/2024 6/30/2025
Yucaipa-Calimesa Joint Unified School
District
Dennis Klein, Director of Maintenance and
Operations
909-797-0174
Yucaipa-Calimesa JUSD PO
for Emergency T&M Repairs
FY 24/25
Open PO Agreement for Emergency Time & Material
Plumbing Service Repairs
$ 40,000.00 7/1/2024 6/30/2025
5 10
467
Entity Name
Name of Contact
Phone Number
Email Address
Purpose of Contract Total Cost Start Date End Date
City of Palm Desert Brad Chuck, City of Palm Desert
760-776-6482
City of Palm Desert On Call
Plumbing Svcs FY 24/25
On Call Plumbing Services for Parks & Landscape Facilities Amendment #2 Term 7/1/24 thru 6/30/25 with City
unilateral option to renew automatically for
no more than (3) three additional one-year terms
$ 2,280.54 7/1/2024 6/30/2025
Alvord Unified School District Cynthia Munoz, Assistant to the Director 951-509-5000
Alvord USD Plumbing and
Irrigation As Needed Open
PO
Plumbing Services on as needed basis
Provide miscellanous labor for general repairs including plumbing and irrigation as needed throughout the District $ 20,000.00 7/1/2024 6/30/2025
Inland Empire Utilities Agency Sean French, Facilities Specialist 909-993-1768
[email protected]
Frank Sotomayer, Facilities Program
Supervisor
[email protected]
IEUA On-Call As Needed
Plumbing Services FY 24/25
Period 1 of 3 - Contract Amendment Number 4600003151-
001
2 Year Term with the agency's discretion to extend up to (3) one-year periods for a total aggregate contract term of five (5) years.
$ 239,878.92 7/1/2024 6/30/2025
City of Corona Raul Areval, Construction Superintendent 951-739-4915 [email protected]
City of Corona As Needed
General PLBG & Sewer Srvs
FY 24/25
Amendment #1 - First Optional Renewal Term 7/1/24 to
6/30/26
Original Contract for Sewer/Plumbing Services Term
6/21/23 to 6/30/24 -
2 Optional 2 year renewals -
First Optional Renewal July 1,2024 to June 30,2026
Second Optional Renewal July 1,2026-June 30,2028
$ 400,000.00 7/1/2024 6/30/2025
Jurupa Unified School District Albert Hernandez, Supervisor of Maintenance & Operations
951-360-4100
Jurupa USD As Needed On
Call Open PO 24/25
Open PO for M&O for Plumbing & Emergency Repairs
District-Wide through 6/30/2025
$ 10,000.00 7/1/2024 6/30/2025
Fullerton Joint Union High School Dale McCurry, Maintenance & Operations Manager
714-680-5609
FJUHSD As Needed Plumbing
Services & Repairs FY 24/25
FJUHSD District Service Center Open Purchase Order
U70X1086 for As Needed Plumbing Svcs & Repairs
Districtwide 7/1/24 TO 6/30/25. NTE $20,000.00
$ 20,000.00 7/1/2024 6/30/2025
San Bernardino Community College
District
Sergio Zazueta, Maintenance &
Operations
909-693-0314
SBCCD On Demand
Service/Repairs at SB Valley
College 24/25
On Demand Service calls and repairs to SBVC plumbing and sewer items thorugh 6/30/2025
$ 10,000.00 7/18/2024 6/30/2025
Hemet Unified School District Hans Twardowski, Director of Maintenance & Operations
951-765-5100
Hemet USD Misc. Emergency
Services District Wide FY
24/25
Miscellaneous Emergency Repairs District Wide $ 20,000.00 7/17/2024 6/30/2025 Ontario Montclair S.D. Brooke Murray, Facilities Planning & Operations
909-418-6369
Terry Lunt, District Plumber
909-957-6214
Ontario-Montclair Emergency
Plumb/Restor Srvs PO FY
24/25
District Wide Open PO # 451433 For Emergency Plumbing
& Restoration Services / OPS
$ 25,000.00 7/1/2024 6/30/2025
Rialto Unified School District Doug Way, Maintenance & Operations Director
909-820-7863
Rialto USD As Needed
Emergency Repairs FY 24/25
Rialto USD CUPCCAA as needed plumbing emergency
repairs at various locations district wide 8/6/24 through 6/30/25
$ 25,000.00 8/6/2024 6/30/2025
Desert Sands Unified School District Gabe De La O, Director Maintenance & Operations
760-771-8553
Juan (Johnny) Alvarez, Manager
Maintenance & Operations
760-771-8709
Desert Sands USD As Needed
Open PO FY 23/24
DSUSD M&O Department Open PO for repair services on an
as-needed basis for Fiscal Year 2024-2025
$ 10,000.00 7/8/2024 6/30/2025
6 11
468
Entity Name
Name of Contact
Phone Number
Email Address
Purpose of Contract Total Cost Start Date End Date
OC Public Works/Facility Operations Gerald Walker, Plumbing Supervisor OC Facilities Maint. & Eng.
714-667-4931
OCPW/JWA Mnt., Rep & Alt
for Plumbing Systems FY
24/25
Amendment No. 3
Perform Maintenance, Repairs and Alterations for Plumbing Systems for County of Orange OC Public Works & John
Wayne Airport
Contract MA-080-20011275
NTE $500,000.00 Aggregate between Pro-Craft and 2 other approved Contractors
$ 500,000.00 7/11/2024 7/10/2025
City of Redlands Kathleen Giorgianni, Senior Administrative Assistant
909-798-7655
[email protected]
City of Redlands On-Call
Plumbing Services FY 24/25
First Additional Term
General Plumbing Services & Repair Work at various City locations.
$ 80,000.00 7/19/2024 7/17/2025
Orange County Transportation Authority Jayson Rodriguez, Facilities Supervisor 949-330-3220
[email protected]
OC Transportation Authority
Plumbing Services 2024-2026
Master Plumbing Services Agreement as requested by the
Maintenance Resource Management Department on an asneeded basis with no guaranteed usage Plumbing Service Call 4-Hr Response Time
Respond to Site within 24 hours & Complete all work within 24 hours unless extended schedule is agreed upon
$ 5/1/2024 4/30/2026 160,000.00
Riverside Co. Superintendent of Schools Eddie Oregel, Maintenance & Operations Manager
951-826-6410
Steve Leland, Facilities
951-453-3346
RCOE Plumbing,
Maintenance & Repairs FY
24/25
Contract C1009105 - dated4/1/2023 through 6/30/2026.
Master Agreement for Plumbing Maintenance and Repairs
Operational Support Services.
NOTE: Like items of material provided shall be products of one Manufacturer for standardization.
NOTE: Bonds Required for $25,000 projects.
NOTE: $60,000 and over Riverside will use 3rd Party LCP for Labor Compliance
NOTE: Contractor to be responsible for all Permits.
NOTE: See Rates and Equipment List - to be used for all quotes
5/1/2024 6/30/2026
City of Poway Lucinda Hoe, Facilities Maintenance &
Special Districts Supervisor
858-668-4706
[email protected]
City of Poway As-Needed
Plumbing Services 2024-2026
Scope is intended to cover as-need plumbing service for all projects assigned to the contractor
$ 7/1/2024 6/30/2026 169,195.00
City of Ontario Michael Vidal, City Plumber
909-544-9482
City of Ontario On Call &
Urgency Plumbing Repair
Svcs
Project Description:
Plumbing repair services include but are not limited to:
Installation, repair, testing and maintenance of plumbing, sewer, septic and pipe systems for a variety of purposes in public buildings and recreational facilities located in the City on an on-call or urgency basis
Scope of Work: On Call & Urgency Plumbing Repair
Services
$ 1/16/2024 1/15/2027 50,000.00
City of Torrance Sally Kyung
310-610-5936
Milton Sanabria
310-781-7162
City of Torrance On-Call
Plumbing Services
Provide plumbing/maintenance and repair services on an oncall basis for an estimated three-year term with a nonguaranteed NTE $250K per year Option to extend two additional one-year terms
$ 7/1/2024 6/30/2027 250,000.00
Department of General Services Natalia Calderon, Acquisition Analyst 279-799-4632
Backflow Preventative
Maintenance Ronald Reagan
Bldg.
Backflow maintenance and repair services to include
preventative maintenance, repairs and annual recertification at Ronald Reagan Building. Contract Term will be for 3 years
$ 9/1/2024 8/31/2027 193,750.71
7 12
469
500 Iowa Street, Redlands, CA 92373 | procraftci.com | 909.790.5222 | License # CA 467234 C-36, C-34, B, A, C-42, C-2, C-16 | DIR 1000001106 13 Firm Staffing and Key Personnel
Staffing & Key Personnel
• Service Manager – Leslie Kussman
• Project Manager & Estimator – Everett Trinidad
• Project Engineer: Project Coordination – Jennifer Cruz • Service Coordinator: Scheduling/Dispatch – Alyssa Rodriguez • Foreman & Crew (if work requires) – Tyler Leavitt, Kyle Chanthachak, Garrett Kelley, Matt Dalgity, Joseph Ramirez
• Billing Coordinator – Brenda Luque
Construction Staff Availability for Duration of Relevant Construction Activities Pro-Craft is primed and fully available for the duration of this project. With recent delays and project starts on a few current projects this affords them the opportunity to provide the attention and detail to fully execute this project in its entirety.
Staff and On-Site Workforce Availability for Project Duration Pro-Craft is blessed to have over 110 skilled & Trained field employees (including 50+ Skilled & Trained plumbers) available and ready for this project to fulfill all scheduling needs.
Our team is comprised of five highly skilled service technicians, each equipped with service vans designed to address a wide range of plumbing issues. Additionally, we have a dedicated service apprentice and can supplement our workforce with personnel from our new construction division when needed.
All of our technicians possess extensive experience in diagnosing and resolving various plumbing challenges. Common issues we frequently address include:
• Site utilities, such as underground gas leaks, water main breaks, and sewer/storm drain problems
• Above-ground and in-wall leaks, water heater replacements, flush valve malfunctions, and backflow concerns, among others
In addition to plumbing services, our team is also proficient in repairing drywall, concrete, asphalt, and tile, ensuring a comprehensive approach to resolving your needs.
Team Organization
Please see attached organization chart
Subcontractors
Not applicable
470
500 Iowa Street, Redlands, CA 92373 | procraftci.com | 909.790.5222 | License # CA 467234 CEO/President - Chris McFayden SEC - Tim McFayden CFO - Sue McFayden VP of
Human Resources
Jill Elliott
Chief Estimator
Travis Burton
Service Manager
Leslie Kussman
Superintendent
Randy Butler
Equipment Manager
Mike Lewis
Senior
Project Manager
Tyler Eschrich
HR Manager
Ashley Esparza
Controller
Leah Timme
Safety Manager/
Operations
Specialist
James Tolman
Design Manager
Jimmy Davis
Fire Sprinkler
Project Manager
Mike Hilburn
Human Resource Administrator
Elaine Silvestre
Senior Payroll Specialist
Kimberly Diaz
Payroll/Labor
Compliance Associate
Jennifer Caloca
Senior Labor
Compliance Specialist
Service Project Manager
Everett Trinidad
Service Project Manager
Jonathan Demers
Service Project Engineer
Jennifer Cruz
Service Project Engineer
Joanne Hernandez
Service Billing Coordinator
Brenda Luque
Service Coordinator
Alyssa Rodriguez
General Foreman
Matt Scheer
General Foreman
Chris Dakin
Dispatcher
Christie Yost
Warehouse Foreman
Matt Stok
Fab Shop Foreman
Brandon Sterbentz
Mechanic
Kenny Mullins
Mechanic
David Easton
Mechanic
Shane McDonald
BIM Detailer
Bryan Weaver
BIM Detailer
Roger Robles
Project Manager, SF
Joey Gladish
Assistant
Project Manager, SF
Asher Matos
Project Engineer, SF
Amanda Cisneros
Receptionist
Karen Hoover
Project Accountant
Marybeth Highducheck
Accounts Payable Specialist
Cindy Campos
Supply Chain Specialist
Senior Supply Chain Specialist
Senior Estimator
Derrick Elliott
Senior Estimator
Shon Petersen
Contracts Administrator
Roxanne Greenwood
Estimator
Jordan Alcantar
Estimator
Chris Welzig
Warehouse Associate
Flavio Aguilar
Warehouse Associate
Shawn Srader
Project Manager
Juan Verdugo
Project Manager
Randy Merkel
Project Manager
Ryan Munguia
Project Manager
Tracy Poole
Project Engineer
Kevin Martinez
Project Engineer
Lori Page
Project Engineer
Jaiquan Session
Project Engineer
Sara Ames
Project Engineer
Hailey Ward
General Foreman
Justin Morgan
Assistant Project Manager
Brittany Smith
Project Engineer
Soila Procter
Service Foreman Service Foreman
Tyler Leavitt Matt Dalgity
Service Foreman Service Foreman
Kyle Chanthchak Joseph Ramirez
Service Foreman
Garrett Kelley
Labor Compliance
Coordinator
Nicole Miller
Labor Compliance
Admin Assistant
Jessica Zazueta Trisha De La Cruz
Richard Arenas
Estimating Coordinator
Aitzin Cornejo-Reynoso
Estimating Coordinator
Cheyanne Zamudio
Prequalification Specialist
Shirley White
Estimator
Guillermo Arias Christie Yost 14
471
500 Iowa Street, Redlands, CA 92373 | procraftci.com | 909.790.5222 | License # CA 467234 C-36, C-34, B, A, C-42, C-2, C-16 | DIR 1000001106 15 Proposed Method to Accomplish the
Work
We understand that the City and Authority require a qualified contractor to provide comprehensive plumbing repair and maintenance services across its facilities. The scope includes routine and emergency services to ensure the continued safe and efficient operation of water, sewer, and gas systems.
Key Goals and Objectives
• Ensuring the timely inspection, diagnosis, and repair of plumbing systems, including water supply, drain, and gas lines and blockages.
• Delivering high-quality repairs or replacements of fixtures such as toilets, urinals, sinks, faucets and garbage disposals.
• Performing critical services such as clearing clogged systems, maintaining backflow devices, and servicing boilers, water heaters, and pressure-reducing valves. • Responding to emergency requests, including after-hours, weekends, and holidays—within a 2- hour timeframe to minimize disruptions and maintain safety. • Maintaining strict compliance with all relevant local, state, and federal plumbing codes. • Keeping accurate records and providing clear, ongoing communication with city representatives to support transparency and operational readiness.
We recognize the importance of a responsive, skilled team capable of delivering both preventative and emergency solutions to support the City and Authorities infrastructure and maintain reliable public services.
472
500 Iowa Street, Redlands, CA 92373 | procraftci.com | 909.790.5222 | License # CA 467234 C-36, C-34, B, A, C-42, C-2, C-16 | DIR 1000001106 16 Proposed Method to Accomplish the
Work Cont.
Our approach to delivering plumbing repair and maintenance services is structured, proactive, and responsive, ensuring minimal disruption to city operations while maintaining compliance, safety, and efficiency. The work plan is designed to cover routine services, emergency response, and long-term system reliability.
Project Methodology and Stages
Stage 1: Mobilization and Onboarding
• Assign designated project manager and primary point of contact • Establish communication protocols with city representatives • Confirm emergency response plan and scheduling structure • Conduct facility walk-throughs (as needed) to assess baseline conditions Stage 2: Routine Services and Preventative Maintenance
• Schedule and perform regular inspections and diagnostic services • Identify and complete general repairs (e.g., fixture replacement, leak repairs, drain clearing) • Test and service critical components such as backflow prevention devices and pressure reducing valves
• Document work performed with detailed service records Stage 3: Emergency Response
• 24/7 availability for emergency calls with guaranteed 2-hour maximum response • Diagnose issues and perform immediate repairs or temporary solutions • Communicate clearly with city representatives on status, timelines, and recommendations • Track response performance for transparency and quality assurance Stage 4: Compliance and Reporting
• Ensure all repairs and installations meet local, state, and federal codes • Maintain a detailed record-keeping system including diagnostics, parts used, repairs completed, and follow-up recommendations
• Provide regular reports and updates to city staff
Deliverables
• Fully executed plumbing repairs and preventative maintenance services • Emergency repairs completed within specified response time • Detailed service reports after each job
• Compliance documentation and code verification (as applicable) • Regular status meetings or check-ins, as requested
473
500 Iowa Street, Redlands, CA 92373 | procraftci.com | 909.790.5222 | License # CA 467234 C-36, C-34, B, A, C-42, C-2, C-16 | DIR 1000001106 17 Proposed Method to Accomplish the
Work Cont.
Milestones
• Project onboarding, team introductions, communication protocols established • Ongoing: Monthly service reporting, immediate emergency response execution, ongoing repairs as requested
Timeline
• Start Date: Upon contract award and Notice to Proceed • Duration: Continuous, as needed throughout contract term • Availability: 24/7 for emergency services including nights, weekends, and holidays
474
475
*Rates Expire 7.1.2026
Included in hourly rate.
476
*Rates Expire 7.1.2026
477
[email protected]
O: 909-790-5222 Ext 145 | C: 909-253-5640
Over her 26+ years of growth and experience, Leslie has worked as a Project Engineer & Coordinator, Accounting Manager, Controller, and Project Accountant before joining Pro-Craft as a Service Coordinator and being eventually promoted to Service Manager. Her project management background enables her to build a complete Service Team with Estimators, Coordinators, Service Tech, retain customer satisfaction, as well as market our industry in a professional way. Leslie also successfully reduces recurring issues and regulates the team’s overall performance to guarantee our leading safety standards are always met.
Leslie is currently a Service Manager for Pro-Craft Construction whose strong work ethic, accountability, open-mindedness, and integrity contribute to her ability to develop Pro-Craft’s standard procedures to maximize internal efficiency and customer satisfaction. She brings expert field knowledge of complex construction project delivery and oversees the 24/7 Commercial Services Department at Pro-Craft, allowing us to meet our clients’ needs in a timely and cost-effective manner. She also directly manages estimating and purchasing inventory, field coordination, deliverables, and project closeouts. • Construction Financial Management Association
(CFMA)
• Associate of Applied Science Degree (Paralegal
Studies)
• Procore Certified - Project Manager: Project
Management, Quality & Safety, Financial
Management, Resource Management,
and Core Tools
• National Notary Association
• San Bernardino City Unified School
District
• San Gabriel Unified School District
• UCR Life Sciences Sewer Repair
• Cerritos College
• Rialto Unified School District
• Victor Elementary School District
• City of Redlands
• Orange County Sanitation District
• Fallbrook Elementary School District
• City of Palm Desert Parks &
Landscape Facilities
Leslie’s interpersonal skills and certified project management background combined with her aptitude results in repeat business and long-term relationships with our clients. Additionally, Leslie maintains a strong working knowledge of the plumbing construction industry and regulations to ensure Pro-Craft’s safety protocol remains up to date with current industry practices.
She also specializes in reviewing OSHA 500 logs and analyzing subcontractor & prime trade contractor labor compliance documents with either Federal or State of CA Labor Code.
PROFILE
Service Manager
Leslie Kussman
EDUCATION & CERTIFICATIONS
WORK EXPERIENCE
SKILLS
PROJECTS & ACCOMPLISHMENTS
478
[email protected]
O: 909-790-5222 Ext. 151 | C: 909-677-7041
Everett is currently a Service Estimator for Pro-Craft where he evaluates data and budgets on estimates, labor, and material values imperative to creating cost-effective solutions for customers and ensuring the successful completion of a project. He brings a breadth of knowledge on construction coordination and accuracy, allowing us to deliver consistent and high-quality results. Under Everett’s direction and oversight, the team maintains positive morale. • LA County Plumbing License Everett specializes in all areas of the plumbing industry. His problem solving skills combined with his nimble mind and friendly personality contribute to his ability to adapt easily to change, provide excellent customer service, and solve any and every problem that may arise on a jobsite. No matter the component process.
• Chaffey School District
• Chapman Heights Elementary School
• Los Oso High School
• Saint Francis Medical Hospital
• Beverly Hills Country Club
El Potero
Everett boasts over 31 years of hands-on plumbing experience in commercial, work--11 years of them working alongside the Pro-Craft team. As Service Estimator, Everett has been negotiating contracts, closing out complex projects, developing budgets, and communicating daily with management to
PROFILE
Service Estimator/Project Manager
Everett Trinidad
EDUCATION & CERTIFICATIONS
WORK EXPERIENCE
SKILLS
PROJECTS & ACCOMPLISHMENTS
• Hilton and Hampton Inn
• Orange County Sanitation District
• City of Palm Desert Park
• City of Redlands
• Fountain Valley
District
479
Garrett Kelley
Service Foreman
PROFILE
EDUCATION & CERTIFICATIONS
• OSHA 30
• Graduate Plumber
• Confined Space
• Excavation Trenching Shoring
• Sexual Harassment
• CPR & First Aid
• MEWP Scissor
• MEWP Boom
• Reach Lift
Garrett Kelley is an experienced Service Plumber Foreman with over 20 years in the plumbing industry. Known for his expertise in handling complex plumbing issues across residential, commercial, and industrial sectors, Garrett has built a solid reputation for delivering top-notch service and leadership. His ability to efficiently manage plumbing teams, oversee large-scale projects, and troubleshoot even the most challenging problems has made him a trusted leader in the field.
WORK EXPERIENCE
Garrett currently serves as the Foreman Service Plumber at Pro-Craft Construction, where he is responsible for leading and supervising a team of plumbers on both residential and commercial projects. He manages daily plumbing operations, ensuring high standards of quality and safety. He is also responsible for inspecting plumbing systems, diagnosing issues, and providing efficient, cost-effective solutions.
SKILLS
Garrett’s dedication to his team, combined with his field and technical knowledge aptitude, guarantees that we deliver our four core services with the utmost excellence and accuracy. Furthermore, Garrett exercises creativity, communication, and decision-making skills on various kinds of projects through every stage of the process.
PROJECTS & ACCOMPLISHMENTS
• Castaic High School
• City of LA Loyola High School
O: 909-790-5222 M: 909-557-7598
[email protected]
480
Joseph Ramirez
Service Foreman
PROFILE
EDUCATION & CERTIFICATIONS
• Sexual Harassment
• CPR & First Aid
• MEWP Scissor
• MEWP Boom
Joseph is a highly experienced and skilled Service Plumber Foreman with over 20 years in the plumbing industry. Throughout his career, Joseph has consistently demonstrated exceptional leadership, technical expertise, and a strong commitment to delivering high-quality plumbing services. With a comprehensive understanding of plumbing systems, safety protocols, and project management, he has earned a reputation for successfully overseeing complex commercial plumbing projects from start to finish.
WORK EXPERIENCE
As a foreman, Joseph excels in supervising and mentoring plumbing teams, ensuring optimal performance and adherence to industry standards. His ability to troubleshoot and resolve issues efficiently, combined with a deep knowledge of plumbing installations, maintenance, and repairs, makes him a trusted leader on the job site. Joseph is well-versed in all aspects of plumbing, including pipefitting, water heater installation, and system inspections, and is committed to staying current with the latest technologies and best practices in the industry.
SKILLS
Joseph’s leadership extends beyond technical skills—he is known for fostering a collaborative and positive work environment, encouraging productivity, and ensuring that all projects meet deadlines and budget expectations. His strong communication and organizational skills enable him to manage client expectations, coordinate with contractors and vendors, and keep all stakeholders informed throughout each phase of the project.
O: 909-790-5222 M: 909-725-1412
[email protected]
481
Kyle Chanthachak
Service Foreman
PROFILE
EDUCATION & CERTIFICATIONS
• OSHA 30
• Graduate Plumber
• Confined Space
• Excavation Trenching Shoring
• Sexual Harassment
• CPR & First Aid
• MEWP Scissor
• MEWP Boom
Kyle Chanthachak is an experienced Foreman Service Plumber at Pro-Craft Construction. With a strong background in plumbing systems, Kyle leads a team of technicians to ensure efficient installation, maintenance, and repair of plumbing systems.
Kyle brings a practical, hands-on approach to his work, combined with a commitment to safety, quality, and on-time project completion. As a leader, he focuses on mentoring team members, fostering a collaborative work environment, and overseeing the technical aspects of every project.
WORK EXPERIENCE
Kyle currently serves as the Foreman Service Plumber at Pro-Craft Construction, where he is responsible for leading and supervising a team of plumbers on both residential and commercial projects. He manages daily plumbing operations, ensuring high standards of quality and safety. He is also responsible for inspecting plumbing systems, diagnosing issues, and providing efficient, cost-effective solutions. Additionally, Kyle trains and mentors apprentice plumbers, ensuring they develop their skills and adhere to industry best practices. He works closely with project managers and other trades to ensure projects are completed on time and to the highest standards.
SKILLS
Kyle’s dedication to his team, combined with his field and technical knowledge aptitude, guarantees that we deliver our four core services with the utmost excellence and accuracy. Furthermore, Kyle exercises creativity, communication, and decision-making skills on various kinds of projects through every stage of the process. Responsible and hard-working, Kyle continuously strives to better the community and make a tangible impact with the projects he supports.
PROJECTS & ACCOMPLISHMENTS
• Castaic High School
• City of LA Loyola High School
O: 909-790-5222 M: 909-957-3673
[email protected]
482
Matthew Dalgity
Service Foreman
PROFILE
EDUCATION & CERTIFICATIONS
• Pro Press
• T-Drill
• OSHA Hr 10
• OSHA Hr 30
• ABC SoCal Graduate
• CPR/First-Aid
• Forklift
• Scissor Lift
• Boom Lift
• Respirator Fit Test Certification
• Confined Space
• Hilti Tool Certification
• Socket and Butt Fusion
• Gastile Installer
Matthew is currently a Foreman for Pro-Craft whose “team player” attitude encourages the team to complete work on time and collaboratively solve problems.
In addition, Matthew maintains a calm and collected demeanor when facing challenges when determining the best solutions with everyone’s best interest in mind, resulting in Pro-Craft maintaining strong customer relationships for continued business.
WORK EXPERIENCE
Matthew has worked in plumbing, utilities, and mechanics since 2010. Over his 12+ years of experience, he has worked as a Plumbing Installer, Pipe Fitter, and Lead Foreman before joining us at Pro-Craft as one of our Foreman. His extensive background enables him to work well with different types of collaborators and inspectors, giving Pro-Craft the ability to expand its network while simultaneously fulfilling the individual needs of all clientele with no guesswork.
SKILLS
Matthew’s dedication to his team, combined with his field and technical knowledge aptitude, guarantees that we deliver our four core services with the utmost excellence and accuracy. Furthermore, Matthew exercises creativity, communication, and decision-making skills on various kinds of projects through every stage of the process. Responsible and hard-working, Matthew continuously strives to better the community and make a tangible impact with the projects he supports.
PROJECTS & ACCOMPLISHMENTS
• Castaic High School
• City of LA Loyola High School
O: 909-790-5222 M: 909-674-2524
[email protected]
483
• OSHA 30
• Respirable Crystalline Silica
• American Water Works Association
Backflow Prevention Assembly Tester Cert.
No. 18994
• Graduate Plumber
• Confined Space
• Excavation Trenching Shoring
• Sexual Harassment
• CPR & First Aid
• MEWP Scissor
• MEWP Boom
EDUCATION & CERTIFICATIONS
• 2021 ABC Craft Championship Winner
• County of Orange/Health Care Agency/Environmental Health Backflow Prevention Device Tester
• OC Health Care Agency Code of Conduct Acknowledgment
• American Water Works Association Backflow Prevention Assembly Tester Certificate
Tyler Leavitt
Foreman & Plumber Service Technician
PROFILE
Tyler is a courteous and reliable Foreman & Plumber Service Technician whose diligent work ethic uplifts the Pro-Craft team. Specializing in fast-paced and detail-oriented tasks is his specialty - from implementing safety procedures to approaching tasks with care.
WORK EXPERIENCE
Tyler has spent the last 6 years at Pro-Craft and brings 16 years of service experience to the table. His dedication to quality and excellence while maintaining a positive and patient attitude are demonstrated in every project he tackles.
SKILLS
Tyler creates a better work environment for the colleagues around him, improving morale with a teamwork-driven approach to coincide with his technical skills of plumbing repair and assembly. Multitasking is one of his biggest strengths, but the quality of his work never falters under pressure.
Tyler is flexible, quick to problem-solving, and is always prepared to provide solutions for clients.
PROJECTS & ACCOMPLISHMENTS
O: 909-790-5222 M: 909-894-6753
[email protected]
484
City of Palm Desert
PW - Operations & Maintenance
Randy Chavez, Director of Public Works
73-510 Fred Waring Drive, Palm Desert, CA 92260
[URBAN WORK CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT RFP No. 2025-RFP-197
On-Call Plumbing Services
RESPONSE DEADLINE: August 11, 2025 at 2:00 pm
Report Generated: Monday, August 18, 2025
Urban Work Construction, Inc. Response
CONTACT INFORMATION
Company:
Urban Work Construction, Inc.
Email:
[email protected]
Contact:
James Henderson
Address:
39203 Leopard Street
Ste. B
Palm Desert, CA 92211
Phone:
(760) 321-3770
Website:
callurbanworx.com
Submission Date:
Aug 11, 2025 1:29 PM (Pacific Time)
485
[URBAN WORK CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT RFP No. 2025-RFP-197
On-Call Plumbing Services
[URBAN WORK CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT Request For Proposal - On-Call Plumbing Services
ADDENDA CONFIRMATION
No addenda issued
QUESTIONNAIRE
1. Proposal (WITHOUT COST)*
Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall be organized and include page numbers for all pages in the proposal. The proposal shall be uploaded here, in the following order and shall include:
1. Cover Letter
A. This letter should briefly introduce the firm, summarize the firm’s general qualifications, include an executive summary of the specific approach which will be used to deliver the work scope; and identify the individual(s) name, address and phone number authorized to negotiate Agreement terms and compensation.
2. Experience and Technical Competence
A. Background: Provide history of the firm’s consulting experience which specifically addresses the individual or firm’s experience with similar Service as described in this RFP.
B. References: The proposal shall include a list of recently completed projects that are similar in scope and function to this RFP. Provide a description of the project, client name, and the name, title, and telephone number of the primary contact person.
3. Firm Staffing and Key Personnel
A. Staffing: Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as well as your firm’s capacity to provide additional personnel as needed.
B. Key Personnel: Identify key persons that will be principally responsible for working with the City. Indicate the role and responsibility of each individual.
486
[URBAN WORK CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT RFP No. 2025-RFP-197
On-Call Plumbing Services
[URBAN WORK CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT Request For Proposal - On-Call Plumbing Services
C. Team Organization: Describe proposed team organization, including identification and responsibilities of key personnel.
D. Subcontractors: The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor that is anticipated to perform each function.
4. Proposed Method to Accomplish the Work
A. Describe the technical and management approach to providing the Services to the City. Proposer should take into account the scope of the Services, and general functions required. Include a draft first year schedule of tasks, milestones, and deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described herein, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the discussion of its proposed method to accomplish the work.
Submittal_-_Palm_Desert_On_Call_Plumbing.pdf
2. Non-Collusion Declaration*
The undersigned declares:
I am an authorized representative of my company, the party making the foregoing Bid, to certify the following.
The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.
487
[URBAN WORK CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT RFP No. 2025-RFP-197
On-Call Plumbing Services
[URBAN WORK CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT Request For Proposal - On-Call Plumbing Services
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Confirmed
3. Enter your valid CA Contractors State License Board (CSLB) number* Please enter your License Number here. This will be verified against the state database. 1066712
Click to Verify Value will be copied to clipboard
4. Enter your California Department of Industrial Relations (DIR) Registration number* Please enter your Public Works Contractor DIR Number. This will be verified against the state database. 2000008490
Click to Verify Value will be copied to clipboard
5. Type of Business*
C Corporation (if corporation, two signatures are required)
6. Litigation*
Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5) years (or type "N/A").
N/A
7. Changes to Agreement*
The City standard professional services agreement contract is included as an attachment herein. The Proposer shall identify any objections to and/or request changes to the standard contract language in this section of the proposal (or type "N/A"). If you are identifying changes here ALSO upload a copy of the redlined Language/Agreement with your Proposal. Changes requested may effect theCity's decision to enter into an Agreement.
488
[URBAN WORK CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT RFP No. 2025-RFP-197
On-Call Plumbing Services
[URBAN WORK CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT Request For Proposal - On-Call Plumbing Services
N/A
8. No Deviations from the RFP*
In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, but not limited to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted here, and may be reason for rejection of the proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification provisions therein (or type "N/A").
Maximum response length: 5000 characters
N/A
9. Project Team Resumes*
Submit resumes of all key personnel/support staff that will produce work product for the Services. Describe their qualifications, education, and professional licensing.
James_Resume.pdf
Johns_Resume.pdf
Jesse_Hurtado_Resume.pdf
Martin_Hurtado_Resume.pdf
Hector_Nunez_Resume.pdf
10. List the Signatory(s) Authorized to Sign and Bind an Agreement.* (If two (2) signatures are required, include the following information for both signatories)
1. Full Name
2. Title
3. Physical Business Address
4. Email Address
5. Phone Number
489
[URBAN WORK CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT RFP No. 2025-RFP-197
On-Call Plumbing Services
[URBAN WORK CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT Request For Proposal - On-Call Plumbing Services
Corporation (C-Corp, S,B, Stock etc.): Requires two signatures—both from authorized officers (e.g., President, Vice President, Secretary, or Treasurer). If signing authority is not held by a President, Vice President, Treasurer, or Secretary, a Corporate Resolution or Article of Authority is needed to verify the signer’s authorization.
LLC: Usually requires one signature from an authorized member or manager. For significant contracts (e.g., over $50,000 for construction or over $25,000 for service agreements), additional approvals or signatures may be required.
Sole Proprietorship, Non-Profit, Single LLC: Only the one signature is necessary.
Authorized Signatory #1:
• Name: James Henderson
• Title: President
• Address: 39203 Leopard St., Ste. B, Palm Desert, CA 92211 • Email: [email protected]
• Phone: (760) 321-3770
Authorized Signatory #2:
• Name: John Doyle
• Title: CFO & COO
• Address: 39203 Leopard St., Ste. B, Palm Desert, CA 92211 • Email: [email protected]
• Phone: (760) 321-3770
11. Certification of Proposal: The undersigned hereby submits its proposal and, by doing so, agrees to furnish services in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.* Confirmed
490
[URBAN WORK CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT RFP No. 2025-RFP-197
On-Call Plumbing Services
[URBAN WORK CONSTRUCTION, INC.] RESPONSE DOCUMENT REPORT Request For Proposal - On-Call Plumbing Services
PRICE TABLES
Line Item Description Unit of Measure Unit Cost
1 Supervisor/Foreman - Standard Rate Hour $148.00
2 Supervisor/Foreman - Emergency/After-Hours Rate Hour $223.00 3 Supervisor/Foreman - Weekend/Holiday Rate Hour $296.00 4 Journeyman - Standard Rate Hour $145.00
5 Journeyman - Emergency/After-Hours Rate Hour $216.00
6 Journeyman - Weekend/Holiday Rate Hour $289.00
7 Apprentice - Standard Rate Hour $80.00
8 Apprentice - Emergency/After-Hours Rate Hour $119.00
9 Apprentice - Weekend/Holiday Rate Hour $158.00
10 Laborer - Standard Rate Hour $117.00
11 Laborer - Emergency/After-Hours Rate Hour $175.00
12 Laborer - Weekend/Holiday Rate Hour $233.00
491
Date: August 11, 2025
From: Urban Worx Construction, Inc.
39203 Leopard St., Ste. B
Palm Desert, CA 92211
Phone: (760) 321-3770
Email: [email protected]
To: Management Analyst
City of Palm Desert – PW Operations & Maintenance
73-510 Fred Waring Drive
Palm Desert, CA 92260
RE: Proposal for ON-Call Plumbing Services – RFP No. 2025-RFP-197 Dear Management Analyst,
Urban Worx Construction, Inc. is pleased to submit our proposal to provide On-Call Plumbing Services for the City of Palm Desert and the Palm Desert Housing Authority. As a Palm Desert-based contractor with a C-36 Plumbing License and over 20 years of experience in plumbing repair, replacement, and installation, we are fully prepared to meet the City’s needs for timely, professional, and code-compliant services.
Our in-house licensed plumbers and service team specialize in municipal facility work, ensuring rapid response, consistent quality control, and adherence to all prevailing wage and safety requirements. Our approach focuses on:
• Rapid Response: two-hour emergency call-back
• Self-Performance: Minimizing subcontracting delays by using our own qualified plumbers
• Detailed Documentation: Service Fusion platform with photo and status reporting • Proactive Safety Measures: Protecting City property, residents, and staff 492
Date: August 11, 2025
I, James Henderson, President of Urban Worx Construction, Inc., am authorized to negotiate agreement terms and compensation. You may reach me directly at (760) 321- 3770 or [email protected]. My business partner, John Doyle, CFO/COO, is also available at [email protected].
We appreciate your consideration and look forward to serving as a trusted plumbing partner for the City.
Sincerely,
James Henderson
President
Urban Worx Construction, Inc
493
Date: August 11, 2025
Experience and Technical Competence
Background
Urban Worx Construction, Inc. is a full-service construction and specialty trade contractor headquartered in Palm Desert, CA. Founded in 2019, we provide plumbing, HVAC, electrical, and general construction services to over 4,000 clients in the Coachella Valley.
Our C-36 licensed plumbers perform a complete range of plumbing services, including leak detection and repair, drain clearing, water heater service, fixture replacement, backflow device installation, and irrigation system connections. We are experienced with both scheduled maintenance and emergency plumbing repairs for public agencies, property managers, and commercial facilities.
Licenses Held:
• C-36 Plumbing Contractor – CA Lic. #1066712
• DIR Registration #2000008490
• Additional Classifications: B – General Building, C-10 Electrical, C-20 HVAC, C16/D35 Pool & Spa Key Personnel Experience
James Henderson
President, Urban Worx Construction, Inc.
��(760) 321-3770 | ✉ [email protected]
James Henderson is an accomplished business executive with over 20 years of experience in the construction, insurance, and financial sectors. As President of Urban Worx Construction, he has led the company's rapid growth by delivering exceptional service across general construction and specialty trades. James specializes in project oversight, client relationship management, and risk mitigation. His leadership has guided successful residential and commercial construction projects throughout Southern California.
Past roles include:
• Founder of Burton Development, Inc., where he led homebuilding operations including land acquisition, planning, and construction. • Executive at Robert Henderson Construction, overseeing warranty work for major homebuilders and managing field crews.
494
Date: August 11, 2025
• MBA and BA in Business Administration from California State University, San Bernardino.
John Doyle
Director of Operations / Co-Principal
��(760) 391-0590 | ✉ [email protected]
John Doyle is a licensed contractor in General Building, Plumbing, HVAC, Electrical, and Pool & Spa Maintenance in both California and Arizona. He has over 20 years of hands-on and managerial experience in construction and facilities management, having led teams at Ameripan Inc. and served in various roles with the State of California. His past roles include Director of Operations at Ameripan Inc, Codes and Standards Administrator for the California Department of Housing and Community Development, and Stationary Engineer for state facilities including Cal Fire and Ironwood State Prison.
His extensive municipal experience includes serving on commissions for the City of Indio and overseeing compliance with the California Health & Safety Code. John is highly experienced in long-term infrastructure planning, budgeting, inspection enforcement, and workforce training.
• AS in Business Administration, College of the Desert
• Holds EPA Universal Freon Certification and multiple technical certifications 495
Date: August 11, 2025
Project References
1. Boys & Girls Club Remodel Project
Client: Resort Construction Services
Contact: Jerry Loces, Owner
��(760) 778-8862
Role: Subcontractor
• Re-route waste water lines under ground
• Reconfigured restrooms
• Install all new plumbing fixtures
• Added kitchen.
2. Multi-Site Facility Maintenance – Abby Solutions (National Service Provider) Client: Abby Solutions
Contact: Carl Benson, Dispatch Manager
��(201) 301-8827
Role: Service Provider
• Routine maintenance and emergency service for commercial complexes, including drain clearing and water heater replacements.
3. National Home Warranty Providers – Multi-Trade Services Clients Include:
• American Home Shield
• Fidelity National Home Warranty
• Old Republic Home Protection
• Cinch Home Warranty
• Choice Home Warranty
• First American Home Warranty
496
Date: August 11, 2025
Scope: Urban Worx provides a wide array of plumbing services for national warranty plans, including leak detection and repair, fixture replacements, drain clearing, water heater service, and backflow prevention installations. These programs require adherence to strict warranty criteria, quick turnaround on diagnostics, and professional reporting. Contact details are available upon request.
497
Date: August 11, 2025
Firm Staffing & Key Personnel
Urban Worx Construction, Inc. employs a skilled and well-rounded team with the capacity to self-perform the vast majority of trades listed in the City’s Scope of Services. While our company was officially established in 2019, our core staff has worked together for many years across multiple companies spanning over 10+ years, building a strong foundation of teamwork, trust, and shared experience. This long-standing collaboration enables our team to operate with flexibility, respond rapidly, and consistently deliver high-quality maintenance and repair services.
Team Organization
Executive & Management
• James Henderson – President / Primary Contact
• John Doyle – Co-Principal / Director of Operations
• Mike Doyle – Operations Manager
• Zack Vaughan – Outside Service Manager
Office Support Staff
• Maribel Orellana – Office Coordinator
• Taryn Rodriguez – Office Coordinator
Lead Field Technicians
• Martin Hurtado – Lead Plumber (Foreman)
• Jesse Hurtado – Lead Plumber (Journeyman)
• Hector Nunez – Plumber (Journeyman)
• Angel Centeno – Apprentice
Key Personnel Bios
Mike Doyle – Operations Manager
Mike Doyle manages the day-to-day operations of Urban Worx, ensuring smooth coordination across HVAC, plumbing, and electrical services. He oversees both field and office teams to ensure dispatch efficiency, quality service delivery, and strong internal 498
Date: August 11, 2025
communication. His operational oversight supports customer satisfaction and project efficiency across all departments.
Zack Vaughan – Outside Service Manager
Zack Vaughan is responsible for quality control and performance in the field. He ensures technician workmanship meets Urban Worx standards, conducts jobsite walkthroughs, and serves as a liaison between customers, technicians, and management. His leadership ensures consistency, safety, and professionalism across field operations.
Maribel Orellana – Office Coordinator
Maribel oversees technician scheduling, customer service communications, and parts procurement. Her role supports operational continuity and ensures fast, responsive service delivery, contributing to Urban Worx’s reputation for reliability.
Taryn Rodriguez – Office Coordinator
Taryn plays a vital role in managing logistics, dispatch coordination, and material tracking.
She supports internal operations by ensuring clear communication between office and field teams and contributes to a high level of customer service.
Martin Hurtado – Lead Plumbing Technician
Martin oversees all commercial plumbing service operations. He ensures compliance with plumbing codes, oversees upgrades, and mentors plumbers on commercial job sites.
Jesse Hurtado - Lead Plumbing Technician
Jesse oversees all plumbing service operations. He ensures compliance with plumbing codes, oversees upgrades, and mentors plumbers on both residential and commercial job sites.
Hector Nunez – Plumber Journeyman
Hector specializes in installations, including plumbing systems, equipment, and components. He leads installation crews from layout through commissioning, ensuring efficient and clean installations.
499
Date: August 11, 2025
Proposed Method to Accomplish the Work
Urban Worx Construction, Inc. proposes a highly responsive, well-coordinated, and costeffective approach to executing facility repairs. Our method emphasizes self-performance of critical trades, proactive facility evaluations, detailed documentation, and alignment with the City’s long-term maintenance goals.
1. Initial Assessment & Task Confirmation
• Receive service request from City staff
• Dispatch appropriate crew based on urgency (emergency vs. standard)
2. Execution
• Arrive fully equipped with tools, materials, and PPE
• Perform troubleshooting, repairs, or installations per scope • Use lockout/tagout and OSHA-compliant safety measures
3. Use of Technology and Asset Management Integration
Urban Worx utilizes Service Fusion, a cloud-based CRM and field service platform, to track, document, and manage all work orders. Key features include:
• Time-stamped photo documentation
• Equipment tracking by asset and location
• Technician job notes and status updates
• Integration with mobile devices for field reporting
We are fully open to using the City’s Asset Management Software and will work with the City’s team to ensure compatibility between platforms. Our technicians are equipped with smartphones and tablets to input data directly on site. If selected to use the City’s platform, we are committed to entering required data (location, materials used, work details, etc.) and submitting final reports in a timely manner.
4. Emergency Response and After-Hours Availability
Urban Worx has the internal capacity to respond to same-day emergency calls and is available for after-hours support when needed. Our service department is staffed to manage urgent dispatches, and our field technicians are trained to respond quickly, efficiently, and safely to minimize disruptions.
500
Date: August 11, 2025
5. Jobsite Safety and Public Protection
Safety is a cornerstone of our operations. We have written safety protocols and jobsite preparation procedures for every work site. These include:
• Use of signage, barriers, cones, and dust protection
• Protective measures for adjacent equipment and public areas • Same-day debris removal and site clean-up
Zack Vaughan, our Outside Service Manager, also serves as our Dedicated Safety Manager. He is responsible for safety oversight on all projects, conducting jobsite audits, and ensuring compliance with OSHA standards and City requirements.
6. Communication and Collaboration
Urban Worx values transparency and professionalism in communication. We maintain a direct line of communication between our field technicians, office coordinators, and City staff to ensure timely updates, rapid resolution of issues, and clear documentation throughout the duration of each task or project.
501
James A. Henderson
E: [email protected]
P. 760-321-3770 • Palm Desert, CA 92211
Business Executive
Accomplished Business Executive with over 20 years of comprehensive experience in leading diverse teams and driving operational excellence across multiple industries, including construction, insurance, and financial services. Demonstrated expertise in strategic planning, financial oversight, and market expansion, with a strong focus on delivering exceptional client service and sustainable business growth. Skilled in navigating complex business environments, implementing efficient process improvements, and harnessing data-driven insights to make informed decisions. Recognized for exceptional leadership in managing large-scale projects from conception to execution, fostering team collaboration, and building lasting relationships with stakeholders, partners, and customers.
Core competencies include:
Risk Management. Project Management. Risk Analysis, Statistical and Financial Analysis Corporate Finance and Accounting, Client Relations, Strategic Planning and Forecasting, Business Management.
Professional Experience
President | Urban Worx Construction, Inc. | 2019 – Present • Spearheaded the establishment and rapid growth of Urban Worx Construction, Inc., elevating the business to $1.1 million in annual revenue. • Successfully delivered comprehensive services across plumbing, HVAC, electrical, and general contracting trades to over 4000 customers.
• Leveraged industry expertise and leadership skills to drive operational excellence, customer satisfaction, and financial performance.
Insurance Incorporated • Riverside, CA • 2011 - 2019
502
Mid-sized insurance brokerage, managing a portfolio of insurance and financial products.
Support clients with risk financing solutions, claims management, and government compliance.
• Manage a large book of insurance business.
• Implemented data mining process to collect information on potential clients. • Integral part of $8 million growth in three years.
Burton Development, Inc. • Riverside, CA • 2003 - 2008
Founder and executive of a construction company that built single family homes on a speculative basis. Performed land acquisition, planning, budgeting, land entitlements, construction management, and sale of single-family homes. • Generated approximately $1,500,000 in annual sales with start-up investment of $50,000. • Improved delivery times and budget costs by 48% over a 5-year period. • Conducted financial and underwriting analysis on every project to support land purchasing decisions.
Robert Henderson Construction • Riverside, CA • 1995 - 2003 Leading provider of new home warranty construction services, catering to major builders and homeowners. I specialized in rectifying construction defects under warranty, managing offsite operations, and overseeing the complete construction lifecycle. Employed proprietary budgeting software to bolster management's financial and analytical capabilities. Successfully expanded client portfolio and strengthened business relationships.
• Took on and managed one of the company's largest clients. • Managed 16 journeyman.
• Reorganized and streamlined processes to provide high gross margins.
Education
503
Master of Business Administration (MBA) California State University, San Bernardino, 2019
Bachelor of Arts in Business Administration Cal State University, San Bernardino, Palm Desert, CA, 2017
504
JOHN DOYLE
Indio, California 92203￨ 760-391-0590 ￨ [email protected] Construction and Facilities Operations
Results-driven leader holding multiple contractors’ trade licenses in California and Arizona including HVAC, Plumbing, Electrical and General Contractor with extensive experience leading teams. Sat on multiple boards including the Community Services Commission and the Fair Practices Commission for the City of Indio. Seeks a role where outstanding leadership, facilities, and operational expertise can be leveraged in the successful management of any project.
SKILLS
• Executive Leadership • Municipal Administration • Large-Scale Planning • Operations • City Budget
• Economic Development • Manager/Administrator • Finance • Infrastructure Improvements • Facilities
• Staff Management • Community Engagement • Administrative Oversight • Municipal Management
• Interpersonal and Communication Skills • Public Safety • Unions • Water Enterprises • Collaborative
• Technology: MS Word, Excel, Outlook, PowerPoint, Project, QuickBooks, Apple, and Android Devices
PROFESSIONAL EXPERIENCE
Urban Worx Construction Inc. 2019 - Present
• Directs all operational aspects of a multi-trade contracting firm specializing in HVAC, plumbing, electrical, and general building services.
• Oversees both day-to-day operations and long-term strategic planning to ensure efficient service delivery across residential, commercial, and municipal projects. • Manages cross-functional teams, including field technicians, office staff, and department leads, ensuring alignment with company goals and industry standards. • Leads large-scale infrastructure improvement and facility maintenance projects from estimation through on-time, on-budget completion.
• Maintains compliance with all city, state, and federal regulations, including building codes, safety protocols, and licensing requirements.
505
• Develops and administers project budgets, optimizes resource allocation, and negotiates high-value contracts for municipal and private sector clients. • Serves as primary liaison to public agencies, inspectors, subcontractors, and community stakeholders to ensure project transparency and satisfaction. • Implements operational systems that improve communication, accountability, and performance across all divisions.
• Upholds Urban Worx’s reputation for quality workmanship, safety, and professionalism through rigorous quality control and staff mentorship.
AMERIPAN INC. 2006 to 2022
DIRECTOR OF OPERATIONS, Palm Desert, CA
Ameripan Inc is a full-service residential and commercial construction company specializing in new construction; remodels; plumbing, HVAC, electrical, and pool/spa equipment maintenance, fire safety & inspection, industrial safety engineering. As director of operations, job functions include the following:
• Manage large-scale planning and infrastructure improvement projects including complex building maintenance and construction projects from estimation through ontime, on-budget completion. • Lead, manage and coach a large team in the delivery of successful facilities projects throughout Southern California and the city of Indio.
• Analyze and participate in the preparation and administration of project budgets. • Prioritize multiple competing work orders and aligned needed teams and resources to deliver the highest-quality result at the best possible cost. • Provide administrative oversight to the operational and policy functions of projects ensuring they were completed and delivered with high levels of client satisfaction. • Oversee the day-to-day operations of the firm and planned managed the activities and operations of all internal departments, advising and assisting where needed. • Provide administrative oversight to the operational and policy functions for the organization, including establishing positive working relationships with representatives with community organizations, state/local agencies and associations, and the public. • As the organization's business leader I create extensive economic development opportunities for the firm, including obtaining large contracts for massive infrastructure improvement projects.
• Use exceptional communication skills with both external and internal stakeholders ensuring facilities and infrastructure projects were delivered what was agreed upon. 506
• Create both short term and long-term large-scale planning of the organization, ensuring the growth and ongoing continuous improvement of the firm.
PROFESSIONAL EXPERIENCE CONTINUED
STATE OF CALIFORNIA – January 2018 to September 2021
CODES AND STANDARDS ADMINISTRATOR I
Housing and Community Development, Riverside, CA
Heald progressive role as Codes and Standards Administrator overseeing 24 inspectors from San Luis Obispo to San Diego border with Mexico.
• Led, monitored and guided a team of district representatives in the inspection and enforcement of California Health and Safety Codes.
• Provided coaching to staff on how to grow their career within the State of California. • Established expectations, monitored performance, and provided constructive feedback to staff on a continuous basis, including documenting deficiencies through performance evaluations and corrective memorandums.
• Provided training and development to field district representatives to enable them to perform their assigned duties in the most efficient, professional, and courteous manner, including developing continuing training assignments for district representatives.
• Supported area-wide application by the Division staff and for local administration of State Housing Law Employee Housing and Mobile Home Park laws in construction, electrical, plumbing, heating, and related data preliminary to division approval of alternate materials, appliances, fixture, methods of construction, and installation techniques.
STATIONARY ENGINEER
California Department of Fire and Forestry & Ironwood State Prison • Supervised Construction as well as implemented policy and procedure of all the mechanical and security protocols for the New Cal Fire Southern Operations Base located at March Airforce base in Moreno Valley. This facility is state of the art and designed to manage all the emergency fire operations for Southern California to include but not limited to air and ground support.
• Developed key relationships with internal and external stakeholders including Council, City staff, public and private organizations.
• Partnered with public safety, unions, and water enterprises in executing projects. 507
BOARDS & COMMISSIONS
Commissioner: Community Services Commission, City of Indio (2014 to 2016); Mobile Home Fair Practices Commission, City of Indio (2012 to 2014) Treasurer: Board of Directors, Sonora Wells HOA, Indio (2010 to 2014) Chair: Board of Directors, United Methodist Church, (2008 to 2010)
EDUCATION
Associate of Science in Business Administration, College of the Desert, Palm Desert, CA, 2017
LICENCES & CERTIFCATIONS
State of California: B General Contractor, C-36 Plumbing, C-20 HVAC, C-10 Electrical, D-35 Pool and Spa Maintenance
EPA: Universal Freon Certification
Additional: Sloan Value Certified, Mold Certified, Boiler Certification 508
Jesse Hurtado II
Lead Journeyman Residential Plumber
PROFESSIONAL SUMMARY
Experienced and highly skilled residential plumber with over 30 years of hands-on expertise in troubleshooting, repair, and installation of plumbing systems. Currently serving as Lead Residential Plumber at Urban Worx Construction, Inc., Jesse oversees residential plumbing operations, mentors junior technicians, and ensures exceptional service quality.
Recognized for quick diagnostics, effective leadership, and customer-first service delivery.
Highly dependable, safety-conscious, and experienced in handling diverse residential plumbing projects in coordination with city requirements.
Core Skills:
Residential Plumbing Systems • Fixture Installation & Repairs • Drainage & Sewer Systems Water Heater Installation • Pipe Fitting • Troubleshooting & Diagnostics • Team Leadership & Mentoring
Customer Service • City Code Compliance • Safety & Clean Worksite Practices
RELEVANT EXPERIENCE
Lead Residential Plumber
Urban Worx Construction, Inc. – Palm Desert, CA | 2024 – Present - Leads all residential plumbing service and installation operations across the company’s service region.
- Provides expert-level troubleshooting and repair of residential water, waste, and gas systems.
- Mentors and trains junior and apprentice plumbers to uphold quality workmanship and safety standards.
- Coordinates with project managers and office staff to ensure jobs are completed efficiently and meet customer expectations.
- Maintains full compliance with local plumbing codes and city permit requirements. - Prepares jobsite for safety and cleanliness, including debris removal and protecting existing systems from damage.
Journeyman Plumber
Various Plumbing Contractors – Southern California | 1990 – 2024 - Completed thousands of residential plumbing service calls and installations over three decades.
- Specialized in repipes, fixture upgrades, water heaters, slab leak repair, and new construction rough-in.
- Maintained high levels of customer satisfaction through responsive, honest, and thorough service.
509
- Worked with city inspectors, permit offices, and general contractors to ensure code compliance and job success.
PROJECT ALIGNMENT – CITY OF PALM DESERT
- Over 30 years of experience servicing residential plumbing systems across Southern California
- Well-versed in troubleshooting and repairing fixtures, piping, drainage, and water systems - Proven ability to lead plumbing crews and manage field operations effectively - Committed to safe work practices, debris removal, and customer area protection - Familiar with city permit processes, compliance, and inspection procedures 510
Martin Hurtado
Lead Commercial Plumber
PROFESSIONAL SUMMARY
Veteran commercial plumber with extensive experience leading large-scale plumbing projects in commercial and municipal settings. As Lead Commercial Plumber at Urban Worx Construction, Inc., Martin oversees the commercial plumbing division, manages field crews, and ensures all work meets technical, safety, and code standards. Recognized for his ability to deliver complex installations and repairs with precision, professionalism, and a commitment to high-quality outcomes. Skilled in project coordination, inspection readiness, and supervising crews on multi-site developments.
Core Skills:
Commercial Plumbing Systems • Crew Supervision • Multi-Site Project Management Plumbing Code Compliance • Jobsite Safety Enforcement • High-Volume Service Delivery Blueprint Reading • Piping Systems & Equipment • Quality Control
RELEVANT EXPERIENCE
Lead Commercial Plumber
Urban Worx Construction, Inc. – Palm Desert, CA | 2019 – Present - Leads commercial plumbing projects including tenant improvements, public building maintenance, and new construction.
- Supervises plumbing crews to complete installations, repairs, and system upgrades on schedule and to code.
- Ensures worksite safety, cleanliness, and coordination with other trades during active construction.
- Performs inspections, final walkthroughs, and compliance verification for commercial plumbing systems.
- Collaborates with project managers, inspectors, and subcontractors to complete complex, multi-phase jobs.
Journeyman Plumber / Crew Leader
Commercial Plumbing Contractors – Southern California | 2005 – 2019 - Performed installation and maintenance of commercial piping systems including gas, water, and waste lines.
- Managed small teams and coordinated equipment, tools, and daily task assignments. - Worked from blueprints, submittals, and code requirements to complete scope of work efficiently.
511
LICENSES & CERTIFICATIONS
- Journeyman Plumber (CA)
- OSHA 30 Certified
- Backflow Prevention Certified
- Confined Space Entry & PPE Trained
PROJECT ALIGNMENT – CITY OF PALM DESERT
- Leads crews on plumbing repairs and upgrades for multi-building sites - Ensures adherence to plumbing codes, permitting, and safety procedures - Experienced in commercial plumbing walk-throughs and punch-list closeouts - Coordinates across trades to complete work efficiently with minimal disruption - Maintains clean, protected jobsites and responds to municipal documentation needs 512
Hector Nunez
Plumbing Journeyman
PROFESSIONAL SUMMARY
Dedicated plumbing journeyman with 7 years of hands-on experience in commercial, municipal, and residential plumbing systems. Currently with Urban Worx Construction, Inc., Hector performs complex installations, system repairs, and preventative maintenance across diverse projects. Known for precision workmanship, jobsite safety, and consistent on-time project delivery. Skilled in working from blueprints, troubleshooting issues, and collaborating with other trades to ensure seamless project execution.
Core Skills
• Commercial & Residential Plumbing
• Fixture & System Installation
• Crew Collaboration
• Jobsite Safety & Cleanliness
• Plumbing Code Compliance
• Service & Repair Expertise
• Blueprint & Technical Drawing Interpretation
• Piping Systems & Equipment
• Preventative Maintenance
• Quality Control & Inspection Readiness
RELEVANT EXPERIENCE
Urban Worx Construction, Inc. – Palm Desert, CA | 2024 – Present - Executes plumbing installations, repairs, and system upgrades for residential and commercial projects.
- Works closely with project managers and other trades to complete jobs to code and on schedule.
- Maintains clean and safe jobsites while protecting client property during all phases of work.
- Performs inspections and final walkthroughs to ensure compliance with plumbing standards.
All Season – Coachella Valley, CA | 2020 – 2024
- Installed, maintained, and repaired plumbing systems for residential and light commercial properties.
513
- Interpreted blueprints and specifications to meet project requirements. - Assisted with training apprentices and ensuring adherence to safety procedures.
Plumbing Services – Indio, CA | 2017 – 2020
- Supported journeymen in daily plumbing tasks including pipefitting, fixture installation, and leak repairs.
- Learned and applied proper safety protocols, tool usage, and material handling techniques. - Completed on-the-job training in plumbing code compliance and basic system troubleshooting.
LICENSES & CERTIFICATIONS
• Journeyman Plumber (CA)
• OSHA 30 Certified
• Confined Space Entry & PPE Trained
PROJECT ALIGNMENT – CITY OF PALM DESERT
• Performs plumbing repairs, maintenance, and system installations for multi-building sites. • Adheres to plumbing codes, permitting processes, and municipal safety requirements. • Experienced in inspections, punch-list closeouts, and maintaining detailed documentation. • Coordinates with other trades to ensure efficient, minimally disruptive project completion. 514
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: September 11, 2025
PREPARED BY: Chris Gerry, Senior Project Manager
SUBJECT: AWARD PROFESSIONAL SERVICES AGREEMENTS TO SELBERT
PERKINS DESIGN FOR THE DESIGN OF THE EL PASEO PARKWAY
IMPROVEMENTS AND TRAFFIC SIGNAL IISNS REPLACEMENT
RECOMMENDATION:
1. Award a Professional Services Agreement to Selbert Perkins Design, Inc., of Playa Del Rey, California, in the amount of $75,000 for the design of the El Paseo Parkway Improvements (CST00013).
2. Award a Professional Services Agreement to Selbert Perkins Design, Inc., of Playa Del Rey, California, in the amount of $65,000 for the design of the Traffic Signal IISNS Replacement (MTS00002).
3. Authorize the City Attorney to make necessary non-monetary changes to the contracts.
4. Authorize the City Manager to execute the agreements and any written requests for amendments, and any other documents necessary to effectuate this action, in accordance with Palm Desert Municipal Code Section 3.30.170(B).
BACKGROUND/ANALYSIS:
The approved Fiscal Year (FY) 202526 Financial Plan and Capital Improvement Program (CIP) List, authorized funding for two design projects: the El Paseo Parkway Improvements (CST00013) and the Traffic Signal IISNS Replacement (MTS00002).
The El Paseo Parkway Improvements- the existing monument entry signs have exceeded their useful life, with one monument destroyed and removed. In addition, the integrated water features have been a recurring maintenance challenge, resulting in repairs and increased operational costs.
The Traffic Signal IISNS Replacement - the City currently maintains over 100 intersections with illuminated panels. These overhead signs, mounted on traffic signal poles, display the City name, street name, and block numbers to enhance visibility and wayfinding, particularly at night.
This project is intended to create a modernized design that aligns with the City’s broader signage and placemaking upgrades.
These two projects share similarities in scope and intent with two ongoing design projects: the Wayfinding Master Plan (MST00003) and the City Entry Monument Signage (CSS00001). These ongoing projects were previously awarded to Selbert Perkins Design (Designer) through a competitive Request for Proposals (RFP) in January 2025 and March 2025. The combined value of the two existing design contracts with Selbert Perkins Design totals $140,000. 515
City of Palm Desert
Approve Contract for Design Services
Staff recommends awarding two Professional Services Agreements to the same firm, pursuant to Palm Desert Municipal Code Section 3.30.160(I), as it is in the best interest of the City. The Designer’s ongoing work on the Wayfinding Master Plan and City Entry Monument Signage provides direct alignment in scope, design intent, and branding objectives with the El Paseo Parkway Improvements and Traffic Signal IISNS Replacement. Engaging the same designer will ensure consistency in design approach, reinforce the City’s branding, and streamline project coordination, while avoiding duplicative efforts and maintaining schedule efficiency. The scope of work for each project can be found in Exhibit B of the Professional Services Agreements.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
The two Projects were included in the approved Fiscal Year 2025-26 Financial Plan and Capital Improvement Program (CIP) List: El Paseo Parkway Improvements funded through the Capital Improvement Fund (Account No. 4004310-4400100), and the Traffic Signal IISNS Replacement funded through the Measure A Fund (Account No. 2134250-5000906). The $15,000 overage for the Traffic Signal IISNS Replacement will be offset by savings from the Traffic Signal Modification & Hardware Upgrades Program; therefore, there is no financial impact on the General Fund.
The table below reflects budget and expenses for all projects involved:
Project Account Budget Expense Balance
*El Paseo Parkway Improvements – Design 4004310-4400100 $75,000 $75,000 $0 *Traffic Signal IISNS Replacement - Design 2134250-5000906 $50,000 $65,000 ($15,000) Traffic Signal Modification & Hardware
Upgrades Program
2134250-4500906 $825,000 $810,000 $15,000
Total $950,000 $950,000 $0
*Current request
ATTACHMENTS:
1. Professional Services Agreement – El Paseo Parkway Improvements
2. Professional Services Agreement – Traffic Signal IISNS Replacement
3. Proposal – El Paseo Parkway Improvements
4. Proposal – Traffic Signal IISNS Replacement
516
Contract No. ___________
1 Revised 01-2024
BBK 72500.00001\32374915.1
CITY OF PALM DESERT
PROFESSIONAL SERVICES AGREEMENT
1. Parties and Date. This Agreement is made and entered into on September 11, 2025, 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 (“City”) and SELBERT PERKINS DESIGN, an S Corporation, with its principal place of business at 432 CULVER BOULEVARD, PLAYA DEL REY, CA 90293 ("Consultant"). The City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
1.1 City Council Approval.
On September 11, 2025, City Council approved the award of this Agreement to the Consultant above.
2. Recitals.
2.1 Project.
The City is a public agency of the State of California and is in need of professional services for the following project:
El Paseo Parkway Improvements
Project No. MTS00002
(hereinafter referred to as “the Project”).
2.2 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant is duly licensed and has the necessary qualifications to provide such services.
3. Terms.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant 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 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 September 11, 2025, to June 30, 2027, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this 517
Contract No. ___________
2 Revised 01-2024
BBK 72500.00001\32374915.1
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees, or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant 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. Consultant 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. Consultant 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. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant 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 Consultant shall be subject to the approval of City.
3.2.1 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: ROBIN PERKINS, COFOUNDER / PARTNER.
3.2.2 City's Representative. The City hereby designates CHRIS GERRY, SENIOR PROJECT MANAGER, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative").
City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the scope of services or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.2.3 Consultant's Representative. Consultant hereby designates ROBIN PERKINS, CO-FOUNDER / PARTNER, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her 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.
3.2.4 Coordination of Services. Consultant 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.
518
Contract No. ___________
3 Revised 01-2024
BBK 72500.00001\32374915.1
3.2.5 Standard of Care; Performance of Employees. Consultant 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. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant 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 Consultant's failure to comply with the standard of care provided herein. Any employee of the Consultant or its sub-consultants 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 Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.6 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).
Consultant shall also 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 separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.
Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
3.2.7 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and 519
Contract No. ___________
4 Revised 01-2024
BBK 72500.00001\32374915.1
regulations in any manner affecting the performance of the Project or the Services and shall give all notices required by law. Consultant 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.
3.2.7.1 Employment Eligibility; Consultant. Consultant 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 subsubconsultants to comply with the same. Consultant 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 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, physical disability, ancestry, sex, age, marital status, gender, gender identity, gender expression, sexual orientation, reproductive health decision making, veteran or military status, or any other consideration made unlawful by federal, state, or local laws. 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. Consultant shall also 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.
3.2.10.3 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant 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.
3.2.11 Insurance.
3.2.11.1 Minimum Requirements. Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, Consultant 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 Liability Insurance. Consultant 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 Liability Insurance. Consultant 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 Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. 520
Contract No. ___________
5 Revised 01-2024
BBK 72500.00001\32374915.1
(C) Professional Liability (Errors & Omissions) Insurance.
Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. (D) Workers’ Compensation Insurance. Consultant shall
maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers, and representatives.
(E) Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall 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:
(1) 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;
(2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall “follow form” to the underlying primary policies.
(5) Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(F) Fidelity Coverage. [RESERVED].
(G) Cyber Liability Insurance. [RESERVED].
3.2.11.2 Other Provisions or Requirements.
(A) Proof of Insurance. Consultant 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 Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(B) Duration of Coverage. Consultant shall procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or 521
Contract No. ___________
6 Revised 01-2024
BBK 72500.00001\32374915.1
damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by
Consultant 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 selfinsurance shall be called upon to protect it as a named insured. (D) City’s Rights 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 Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate 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 VII (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 Subrogation. 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, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(G) Enforcement of Contract Provisions (non estoppel).
Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(H) Requirements Not Limiting. 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 Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation 522
Contract No. ___________
7 Revised 01-2024
BBK 72500.00001\32374915.1
(except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(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, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies.
(K) Prohibition of Undisclosed Coverage 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 Consultant’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 Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant 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. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review.
(N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) 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. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(Q) Additional Insurance. Consultant 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 Services.
3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, 523
Contract No. ___________
8 Revised 01-2024
BBK 72500.00001\32374915.1
state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority.
Consultant must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations, and policies of this Section.
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 SEVENTY-FIVE THOUSAND DOLLARS and 00/100 ($75,000.00) without written approval of the City Council or City Manager, as applicable.
3.3.2 Payment of Compensation. Consultant shall submit to City monthly invoices which provide a detailed description of the Services and hours rendered by Consultant.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant 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 Consultant to submit a timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.3.2.1 Retainer. [RESERVED].
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., 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, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant 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 Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing 524
Contract No. ___________
9 Revised 01-2024
BBK 72500.00001\32374915.1
Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of Services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.
3.4.3 Labor Certification. By its signature hereunder, Consultant 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 Worker's 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.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant 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 created pursuant to this Agreement. Consultant 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.
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.
3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance 525
Contract No. ___________
10 Revised 01-2024
BBK 72500.00001\32374915.1
of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 Early Termination. Notwithstanding any provision herein to the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon seven (7) days’ written notice, order work on the Project to cease. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation.
3.6.1.4 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.
3.6.2 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:
Consultant: SELBERT PERKINS DESIGN
432 CULVER BOULEVARD
PLAYA DEL REY, CA 90293
ATTN: ROBIN PERKINS, CO-FOUNDER / PARTNER
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
ATTN: CHRIS GERRY, PUBLIC WORKS
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.
3.6.3 Ownership of Materials and Confidentiality.
3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant 526
Contract No. ___________
11 Revised 01-2024
BBK 72500.00001\32374915.1
shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents, and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment, or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.6.3.4 Indemnification – Documents and Data. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents and representatives free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 527
Contract No. ___________
12 Revised 01-2024
BBK 72500.00001\32374915.1
3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information.
Consultant shall indemnify, defend, and hold harmless the City, and its officers, directors, employees, agents, volunteers and representatives from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.6.4 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.
3.6.5 [Reserved]
3.6.6 Indemnification.
3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, agents, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, volunteers, or representatives.
3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.6.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements.
3.6.8 Governing Law. This Agreement shall be governed by the laws of the State 528
Contract No. ___________
13 Revised 01-2024
BBK 72500.00001\32374915.1
of California. Venue shall be in Riverside County.
3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.
3.6.12 Assignment; Subcontracting. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services 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.
3.6.13 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 workdays. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, volunteers, and representatives 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.
3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.15 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.
3.6.16 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
3.6.17 Invalidity; Severability. 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.
3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant 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 Consultant, 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 529
Contract No. ___________
14 Revised 01-2024
BBK 72500.00001\32374915.1
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.
3.6.19 Authority to Enter Agreement. Consultant 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.
3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE]
530
Contract No. ___________
15 Revised 01-2024
BBK 72500.00001\32374915.1
SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND SELBERT PERKINS DESIGN
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
By:
Chris Escobedo
Interim City Manager
Attest:
By:
Anthony J. Mejia
City Clerk
Approved as to form:
By:
Isra Shah
Best Best & Krieger LLP
City Attorney
SELBERT PERKINS DESIGN, AN S
CORPORATION
By:
Robin Perkins
President
By:
Robin Perkins
Secretary
Clerk QC: _______
Contract QC: ______
Insurance:
__________
Initial Review
__________
Final Approval
531
Contract No. ___________
Exhibit “A”
Revised 01-2024
BBK 72500.00001\32374915.1
EXHIBIT “A”
SCOPE OF SERVICES
532
Contract No. ___________
Exhibit “A”
Revised 01-2024
BBK 72500.00001\32374915.1
533
Contract No. ___________
Exhibit “A”
Revised 01-2024
BBK 72500.00001\32374915.1
534
Contract No. ___________
Exhibit “A”
Revised 01-2024
BBK 72500.00001\32374915.1
535
Contract No. ___________
Exhibit “B”
Revised 01-2024
BBK 72500.00001\32374915.1
EXHIBIT "B"
SCHEDULE OF SERVICES
Project Coordination and Management September 2025 – October 2026 Schematic Design Review (30%) October 2025 – November 2025 Design Development (60%) December 2025 – January 2026
Construction Documents (90%) January 2026 – February 2026 Construction Permit Set (100%) March 2026 – April 2026
Construction Support July 2026 – December 2026
536
Contract No. ___________
Exhibit “C”
Revised 01-2024
BBK 72500.00001\32374915.1
EXHIBIT "C"
COMPENSATION
537
538
Contract No. ___________
1 Revised 01-2024
BBK 72500.00001\32374915.1
CITY OF PALM DESERT
PROFESSIONAL SERVICES AGREEMENT
1. Parties and Date. This Agreement is made and entered into on September 11, 2025, 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 (“City”) and SELBERT PERKINS DESIGN, an S Corporation, with its principal place of business at 432 CULVER BOULEVARD, PLAYA DEL REY, CA 90293 ("Consultant"). The City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
1.1 City Council Approval.
On September 11, 2025, City Council approved the award of this Agreement to the Consultant above.
2. Recitals.
2.1 Project.
The City is a public agency of the State of California and is in need of professional services for the following project:
Traffic Signal IISNS Replacement
Project No. MTS00002
(hereinafter referred to as “the Project”).
2.2 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant is duly licensed and has the necessary qualifications to provide such services.
3. Terms.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant 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 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 September 11, 2025, to June 30, 2027, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this 539
Contract No. ___________
2 Revised 01-2024
BBK 72500.00001\32374915.1
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees, or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant 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. Consultant 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. Consultant 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. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant 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 Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause.
The key personnel for performance of this Agreement are as follows: ROBIN PERKINS, COFOUNDER/ PARTNER.
3.2.5 City's Representative. The City hereby designates CHRIS GERRY, SENIOR PROJECT MANAGER, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative").
City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the scope of services or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.2.6 Consultant's Representative. Consultant hereby designates ROBIN PERKINS, CO-FOUNDER / PARTNER, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her 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.
3.2.7 Coordination of Services. Consultant 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.
540
Contract No. ___________
3 Revised 01-2024
BBK 72500.00001\32374915.1
3.2.8 Standard of Care; Performance of Employees. Consultant 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. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant 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 Consultant's failure to comply with the standard of care provided herein. Any employee of the Consultant or its sub-consultants 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 Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).
Consultant shall also 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 separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.
Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and 541
Contract No. ___________
4 Revised 01-2024
BBK 72500.00001\32374915.1
regulations in any manner affecting the performance of the Project or the Services and shall give all notices required by law. Consultant 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.
3.2.10.1 Employment Eligibility; Consultant. Consultant 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. Consultant 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 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, physical disability, ancestry, sex, age, marital status, gender, gender identity, gender expression, sexual orientation, reproductive health decision making, veteran or military status, or any other consideration made unlawful by federal, state, or local laws. 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. Consultant shall also 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.
3.2.10.3 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant 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.
3.2.11 Insurance.
3.2.11.1 Minimum Requirements. Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, Consultant 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 Liability Insurance. Consultant 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 Liability Insurance. Consultant 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 Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. 542
Contract No. ___________
5 Revised 01-2024
BBK 72500.00001\32374915.1
(C) Professional Liability (Errors & Omissions) Insurance.
Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. (D) Workers’ Compensation Insurance. Consultant shall
maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers, and representatives.
(E) Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall 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:
(1) 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;
(2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall “follow form” to the underlying primary policies.
(5) Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(F) Fidelity Coverage. [Reserved.]
(G) Cyber Liability Insurance. [Reserved.]
3.2.11.2 Other Provisions or Requirements.
(A) Proof of Insurance. Consultant 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 Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(B) Duration of Coverage. Consultant shall procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or 543
Contract No. ___________
6 Revised 01-2024
BBK 72500.00001\32374915.1
damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by
Consultant 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 selfinsurance shall be called upon to protect it as a named insured. (D) City’s Rights 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 Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate 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 VII (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 Subrogation. 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, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(G) Enforcement of Contract Provisions (non estoppel).
Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(H) Requirements Not Limiting. 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 Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation 544
Contract No. ___________
7 Revised 01-2024
BBK 72500.00001\32374915.1
(except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(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, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies.
(K) Prohibition of Undisclosed Coverage 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 Consultant’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 Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant 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. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review.
(N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) 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. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(Q) Additional Insurance. Consultant 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 Services.
3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, 545
Contract No. ___________
8 Revised 01-2024
BBK 72500.00001\32374915.1
state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority.
Consultant must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations, and policies of this Section.
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 SIXTY-FIVE THOUSAND DOLLARS AND 00/100 ($65,000.00) without written approval of the City Council or City Manager, as applicable.
3.3.2 Payment of Compensation. Consultant shall submit to City monthly invoices which provide a detailed description of the Services and hours rendered by Consultant.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant 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 Consultant to submit a timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.3.2.1 Retainer. [Reserved.]
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City or included in Exhibit "C" of this Agreement.
3.3.4 Travel Expenses. In accordance with Government Code section 53232.2(c), the Internal Revenue Service rates for reimbursement of travel, meals, lodging, and other actual and necessary expenses as established in Publication 463, or any successor publication, shall be used to determine reimbursement rates for Consultant. Travel in business class, first class or any category on any flight above the coach/economy level will not be reimbursed.
3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Consultant 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.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
546
Contract No. ___________
9 Revised 01-2024
BBK 72500.00001\32374915.1
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., 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, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant 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 Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of Services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.
3.4.3 Labor Certification. By its signature hereunder, Consultant 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 Worker's 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.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant 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 created pursuant to this Agreement. Consultant 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.
547
Contract No. ___________
10 Revised 01-2024
BBK 72500.00001\32374915.1
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.
3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 Early Termination. Notwithstanding any provision herein to the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon seven (7) days’ written notice, order work on the Project to cease. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation.
3.6.1.4 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.
3.6.2 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:
Consultant: SELBERT PERKINS DESIGN
432 CULVER BOULEVARD
PLAYA DEL REY, CA 90293
ATTN: ROBIN PERKINS, CO-FOUNDER / PARTNER
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: CHRIS GERRY, SENIOR PROJECT MANAGER
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.
3.6.3 Ownership of Materials and Confidentiality.
548
Contract No. ___________
11 Revised 01-2024
BBK 72500.00001\32374915.1
3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents, and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment, or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.6.3.4 Indemnification – Documents and Data. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents and representatives free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the 549
Contract No. ___________
12 Revised 01-2024
BBK 72500.00001\32374915.1
Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information.
Consultant shall indemnify, defend, and hold harmless the City, and its officers, directors, employees, agents, volunteers and representatives from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.6.4 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.
3.6.5 [Reserved]
3.6.6 Indemnification.
3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, agents, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted 550
Contract No. ___________
13 Revised 01-2024
BBK 72500.00001\32374915.1
to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, volunteers, or representatives.
3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.6.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements.
3.6.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.
3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.
3.6.12 Assignment; Subcontracting. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services 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.
3.6.13 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 workdays. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, volunteers, and representatives 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.
3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other 551
Contract No. ___________
14 Revised 01-2024
BBK 72500.00001\32374915.1
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.
3.6.16 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
3.6.17 Invalidity; Severability. 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.
3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant 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 Consultant, 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.
3.6.19 Authority to Enter Agreement. Consultant 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.
3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE]
552
Contract No. ___________
15 Revised 01-2024
BBK 72500.00001\32374915.1
SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND SELBERT PERKINS DESIGN
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
By:
Chris Escobedo
Interim City Manager\
Attest:
By:
Anthony J. Mejia
City Clerk
Approved as to form:
By:
Isra Shah
Best Best & Krieger LLP
City Attorney
SELBERT PERKINS DESIGN, AN S
CORPORATION
By:
Robin Perkins
President
By:
Robin Perkins
Secretary
Clerk QC: _______
Contract QC: ______
Insurance:
__________
Initial Review
__________
Final Approval
553
Contract No. ___________
Exhibit “A”
Revised 01-2024
BBK 72500.00001\32374915.1
EXHIBIT “A”
SCOPE OF SERVICES
554
Contract No. ___________
Exhibit “A”
Revised 01-2024
BBK 72500.00001\32374915.1
555
Contract No. ___________
Exhibit “B”
Revised 01-2024
BBK 72500.00001\32374915.1
EXHIBIT "B"
SCHEDULE OF SERVICES
Concept Design September 2025 – October 2026
Design Development October 2025 – November 2026
Construction Documents December 2026 – February 2026
Construction Administration March 2026 – April 2026
Construction Support July 2026 – December 2026
556
Contract No. ___________
Exhibit “C”
Revised 01-2024
BBK 72500.00001\32374915.1
EXHIBIT "C"
COMPENSATION
557
558
559
560
561
562
563
564
565
566
567
568
569
570
571
572
573
574
575
576
577
578
579
580
581
582
583
584
585
586
587
588
589
590
591
592
593
594
595
596