DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT Cltyof Poway
CITY COUNCIL
June 4, 2024
Honorable Mayor and Members of the City Council
Eric Heidemann, Director of Public Works �
Will Wiley, Assistant Director of Public Works for Maintenance Operation.£......,..- (858) 668-4705 or [email protected] JT
Award of Agreement to Pro-Craft Construction, Inc. for As-Needed Plumbing Services; RFP No. 24-016
A request for proposals (RFP) for As-Needed Plumbing Services, RFP No. 24-016, was duly advertised on April 11 and April 18, 2024. Two (2) responsive proposals were received and opened on May 2, 2024. Staff reviewed the proposals submitted and selected Pro-Craft Construction, Inc. as the company to provide As-Needed Plumbing Services to the City of Poway (City). Staff determined Pro Craft Construction, Inc. to be responsive and qualified to provide these services. The length of this agreement shall be for two (2) years beginning on July 1, 2024, through June 30, 2026. The agreement can be extended by a maximum of three (3) one-year terms.
Recommended Action:
It is recommended City Council award the agreement for As-Needed Plumbing Services, RFP No. 24- 016 to Pro-Craft Construction, Inc., and authorize the City Manager to execute the necessary documents.
Discussion:
The City has a continuing need for as-needed plumbing maintenance and repair services at its facilities throughout the City. While the City's maintenance staff performs various plumbing work at City facilities, the City requires plumbing contractor services for larger jobs involving excavation, re-piping and replacement/installation of various equipment including drinking fountains, restroom fixtures and water heaters. Additionally, contractor plumbing services are needed to perform emergency repairs and supplement City staff.
The City issued a notice inviting proposals for plumbing services in April 2024. Two (2) proposals were received and opened on May 2, 2024. Evaluation criteria for the proposals included overall experience, technical expertise, work force coverage capacity, references, and cost of service. After reviewing the 1 of23
June 4, 2024, Item #12
June 4, 2024, Item #12
proposals, City staff selected Pro-Craft Construction, Inc. as the best qualified contractor to provide as-needed plumbing services, as they effectively addressed all desired sections in the proposal results below. The RFP required contractors provide hourly rates for various service types. The cost results from proposals received are included in Table 1:
Table 1
Proposal Results -As-Needed Plumbing Services Hourly Rates HPS Mechanical, Inc.
Mon-Fri
Service Type After Hours & Sundays/Holidays 7:00 a.m.-Saturdays 3:30 p.m. 1 plumber, 1 $249.00 $390.00 $390.00 vehicle
2 plumbers, 1 $498.00 $780.00 $780.00 vehicle
Slab Leak
Detection N/A N/A N/A
Equipment
Sewer Camera $371.00 $429.00 $429.00 Equipment
Router $149.00 $223.50 $223.50 Equipment
Pro-Craft Construction, Inc.
Mon-Fri
Service Type After Hours & Sundays/Holidays 7:00 a.m.-Saturdays 3:30 p.m.
1 plumber, 1 $298.58 $376.72 $454.89 vehicle
2 plumbers, 1 $513.12 $645.84 $795.61 vehicle
Slab Leak
Detection $424.00 $424.00 $424.00
Equipment
Sewer Camera $389.25 $389.25 $389.25 Equipment
Router $190.80 $190.80 $190.80 Equipment
Under the agreement, the contractor is responsible for furnishing all professional plumbing services, skilled labor, material, equipment, tools, insurance, permits and fees, as necessary to render the services according to the specification set forth in the RFP. The length of the initial agreement is two (2) years beginning July 1, 2024, through June 30, 2026. The agreement may be extended subject to City Council appropriation of funds through a total of three (3) separate one-year extensions. The 2 of23
June 4, 2024, Item #12
maximum
length
of
the
Contract
would
be
up
to
five
(5)
years.
Environmental
Review:
This
action
is
not
subject
to
review
under
the
California
Environmental
Quality
Act
(CEQA).
Fiscal
Impact:
The
proposed
Fiscal
Year
2024-25
Facilities
Maintenance
Division
budget
(415010-412QO)
includes
$80,000
for
As-Needed
Plumbing
Services.
Public
Notification:
None. Attachments: A.
Standard
Agreement
Reviewed/
Approved
By
:
Wendy
Kaserman
Assistant
City
Manager
3 of23
Reviewed
By:
Alan
Fenstermacher
City
Attorney
Approved
By:
City
Manager
June 4, 2024, Item #12
City of Poway
ST AN OARD AGREEMENT FOR SERVICES
This Agreement, entered into this 1st day of July 2024, by and between the CITY OF POWAY (hereinafter referred to as "City") and Pro-Craft Construction, Inc. (hereinafter referred to as "Contractor").
RECITALS
WHEREAS, City desires to obtain the services of a private Contractor to perform As-Needed Plumbing Services;
WHEREAS, Contractor has represented that Contractor possesses the necessary qualifications to provide such services;
WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS:
1. Scope of Services.
Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
2. Compensation and Reimbursement.
City shall compensate and reimburse Contractor as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
3. Term of Agreement.
The term of this Agreement shall be as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
4. Termination.
This Agreement may be terminated with or without cause by City.
Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by 4 of23 ATTACHMENT A
June 4, 2024, Item #12
delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice.
5. Confidential Relationship.
City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.
Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this agreement without the prior written consent of the City. In its performance hereunder, Contractor shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.
6. Office Space and Clerical Support.
Contractor shall provide its own office space and clerical support at its sole cost and expense.
7. Covenant Against Contingent Fees.
Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement.
For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps, and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand.
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June 4, 2024, Item #12
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interest's conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City.
"Contractor" means an individual who, pursuant to a contract with a state or local agency:
6 of23
(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar
authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract.
6. Grant City approval to a plan, design, report, study, or similar item;
7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.
June 4, 2024, Item #12
DISCLOSURE DETERMINATION:
~ 1. Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.
No disclosure required.
D 2. Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.
Department Director
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.
11. Maintenance of Records.
Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the agreement period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services.
13. Licenses, Permits, Etc.
Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession.
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June 4, 2024, Item #12
14. Contractor's Insurance.
Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees.
(b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise· from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence.
(c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts.
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June 4, 2024, Item #12
(e) Contractor shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required pursuant to this Agreement.
(f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section
15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor's obligations under this Agreement, including but not limited to Contractor's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor's performance its obligations under this Agreement, including but not limited to Contractor's Scope of Services.
17. Contractor Not an Agent.
Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.
Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
18. Personnel.
Contractor shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects.
City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect.
Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect.
9 of23
June 4, 2024, Item #12
19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
20. Governing Law, Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Contractor hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.
21. Gender.
Whether referred to in the masculine, feminine, or as "it," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor providing services hereunder.
22. Counterparts.
This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding.
23. Entire Agreement.
This Agreement shall constitute the entire understanding between Contractor and City relating to the terms and conditions of the services to be performed by Contractor. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.
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June 4, 2024, Item #12
24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.
Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City.
Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.
25. Severability.
If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank)
11 of 23
June 4, 2024, Item #12
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.
CITY OF POWAY
By:------------
Chris Hazeltine, City Manager
Date: -----------
ATTEST:
Carrie Gallagher, City Clerk
APPROVED AS TO FORM:
Pro-Craft Construction, Inc.
By:-------------
Christopher McFayden, President
Date: ------------
By:--------------
Alan Fenstermacher, City Attorney
12 of 23
June 4, 2024, Item #12
"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.
Contractor shall only perform such work under assignment from the City from time-to time, each assignment being distinct and separate projects. The table on the following pages provides a list of the facilities that will be covered by the agreement. As an "as-needed" contract, the Contractor shall only perform such work under assignment from the City from time-to-time, each assignment being a distinct and separate project. Facilities may be added or deleted during the course of the contract. As-needed plumbing services for these facilities will include (but are not limited to) such services as:
a. Leaks, slab and pipe
b. Clear water, sewer pipes and drains
c. Inspection, repair and replacement services
i. Dishwashers and other kitchen equipment
ii. Toilets and urinals
iii. Showers
iv. Laundry
v. Sinks, kitchen, bathroom, mop and utility
vi. Hot Water Heaters
vii. General pipe repairs -copper, PVC, cast iron, galvanized, flex viii. Recirculating Pumps
ix. Sewer Lift Stations
City of Poway Facilities List
Facility Address Sq. Ft
City Hall 13325 Civic Center Dr. 50,400
Council Chambers 13325 Civic Center Dr. 5,900
Chiller Plant at City Hall 13325 Civic Center Dr.
Public Works Administration Building 14467 Lake Poway Rd. 5,700 Crew Lounqe / Warehouse 14445 Lake Poway Rd. 7,467
Vehicle Maintenance 14415 Lake Poway Rd. 5,628
Vehicle Storage 14445 Lake Poway Rd. 5,200
Lake Poway Administration Buildinq 14644 Lake Poway Rd. 1,100 Lake Poway -Concession Stand 14644 Lake Poway Rd. 1,850 Lake Poway -FFA Buildinqs 14644 Lake Poway Rd. 3,600
Lake Poway -Boat Dock 14644 Lake Poway Rd. 3,700
Lake Poway -Pavilion 14644 Lake Poway Rd. 1,510
Lake Poway -Entrance Booth 14644 Lake Poway Rd. 100
Lake Poway -Crew Facility 14644 Lake Poway Rd. 600
Lake Poway -Lower Ball Field Restrooms 14644 Lake Poway Rd. 1,056 13 of 23
June 4, 2024, Item #12
Lake
Poway
-Middle
Restrooms
14644
Lake
Poway
Rd.
560
Lake
Poway
-
Upper
Restrooms
14644
Lake
Poway
Rd.
560
MCCC
Multipurpose
13904
Civic
Center
Dr.
10,372
MCCC
Classrooms/PW
Office
13904
Civic
Center
Dr.
7,222
Community
Park
-Pool
Entrance
BuildinQ
13094
Civic
Center
Dr.
3,249
Community
Park
-Pool
Filter
Housinq
13094
Civic
Center
Dr
.
1,847
Community
Park
-Concession
Stand
13094
Civic
Center
Dr
.
400
Community
Park
Ball
Field
Restrooms
13094
Civic
Center
Dr
.
501
Skate
Park
and
Restroom
13094
Civic
Center
Dr.
500
Old
Poway
Park
Museum
14134
Midland
Rd.
2,135
Old
Poway
Park
Train
Barn
14134
Midland
Rd
.
2,695
Old
Poway
Park
Temolars
Hall
14134
Midland
Rd.
1,620
Old
Poway
Park
Porter
House
(historic)
14134
Midland
Rd
.
2,1~0
Old
Poway
Park
Nelson
House
(historic)
14134
Midland
Rd
.
1,300
Hamburqer
Factorv
14134
Midland
Rd
.
3,420
Old
Poway
Park
Museum
Restrooms
14134
Midland
Rd.
200
Old
Poway
Park
Train
Depot
14134
Midland
Rd
.
3,000
Girls
Softball
League
Concession/Restroom
13544
Aubrey
St.
700
Material
Handlinq
Yard,
Hazardous
Waste
12325
Crosthwaite
Cr.
932
Material
Handling
Yard
Records/Lounge
Trailer
12325
Crosthwaite
Cr
.
500
Meadowbrook
Gymnasium
12320
Meadowbrook
Ln.
12,400
Twin
Peaks
Gymnasium
(Joint
Use)
14640
Tierra
Bonita
Rd.
11,151
Arbolitos
Sports
Park
Restrooms
14501
Arbolitos
Dr.
800
Garden
Road
Park
Restrooms
14901
Garden
Rd.
840
Hilleary
Park
Restrooms
13500
Community
Rd.
840
Hilleary
Park
Tennis/Basketball
Silverset
Park
Restrooms
14795
Silverset
St.
840
Starridqe
Park
Restrooms
13745
Carriaqe
Rd
.
840
Valle
Verde
Park
Restrooms
16899
St.
Andrews
Dr.
840
Sports
Park
-
Ball
Fields,
Snack
Bar/Restaurant
12349
Mclvers
Ct.
2,450
Sports
Park
-Equipment/Storage
12349
Mclvers
Ct.
1,400
Fire
Station
No.
1 13050
Community
Rd.
18,198
Fire
Station
No.
2 16914
WestlinQ
Ct.
4,863
Fire
Station
No.
3 14322
Pomerado
Rd
.
14,056
City
of
Poway
Librarv
13137
Poway
Rd.
24,400
14 of
23 June 4, 2024, Item #12
Iron Mtn. Restroom 15498 Espola Rd. 200
Performing Arts Center 15498 Espola Rd. 57,040
Sheriffs' Station 13100 Bowron Rd. 15,000
Commercial Building RDA 13053 Poway Rd 2,670
Kumeyaay-lpai Interpretive Center 13104 lpai Waaypuk Tl. 1,400 Water Utilities Address Sq. Ft
Lake Poway West Side/Poway
Aerator at Lake Poway Lake/West Side 49
Camelback Pump Station 14445 Lake Poway Rd. 630
Camino Del Valle Sewage Lift Station 12910 Camino Del Valle 232 Cloudcroft Pump Station II 17087 1/2 Cloudcroft Dr. 1,296 Community Road Pump Station 12520 1/2 Community Rd. 1,196 Eastvale Pump Station 14902 1/2 Eastvale Rd.
Gregg Street Recycled Pump Station 13621 Gregg St. 1,490 Heritage Lift Station 18775 1/2 Heritage Dr.
14218 1/2 High Valley Rd./High
High Valley Pump Station Valley Rd. SE D
14090 Northcrest Ln./Northcrest
Northcrest Pump Station Ln.
Old Coach Sewage Lift Station 17710 1 /2 Old Coach Rd.
Old Coach Way Pump Station 18535 Old Coach Dr.
Pump Station 1 14445 Lake Poway Rd.
Rostrata PR Station 16460 Martincoit Rd.
South Chlorinator Building Sycamore Canyon
Welton Pump Station 12701 Welton Ln. 970
14163 1/2 Donart Dr./14162 1/2
Woodcliff Pump Station Donart Dr.
Water Treatment Plant/Operations/Office 14521 Lake Poway Rd. 3,400 Chlorine/Chemical Feed 14521 Lake Poway Rd. 5,000
Filter Control Building 14521 Lake Poway Rd. 500
Treatment/Ammonia Building 14521 Lake Poway Rd. 1,500
The Scope of Work is intended to cover as-needed plumbing services for all projects assigned to the Contractor. In addition, any single project that is estimated to exceed $5,000.00, the City reserves the right to place out for bid or solicit quotes from other vendors.
B. Compensation and Reimbursement.
City shall pay Contractor a fee in accordance with the Fee Proposals submitted with the proposals dated May 2, 2024, which are included in this document as 15 of 23
June 4, 2024, Item #12
Attachment 1. Contractor's fee shall include, and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.
In addition to said consulting fee, Contractor shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Contractor shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Contractor shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.
C. Term of Agreement.
This Agreement shall be effective from the period commencing July 1, 2024, and ending June 30, 2026, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three (3) additional one-year periods upon approval in writing of the City Manager and Contractor. Award of the Agreement and any Agreement extensions are subject to City Council appropriation of funds. Each renewal period (fiscal) after the first term of the agreement, the Contractor's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less. The first adjustment would occur no earlier than July 1, 2026. Upon expiration or termination of this Agreement, Contractor shall return to City any and all equipment, documents or materials and all copies made thereof which Contractor received from City or produced for City for the purposes of this Agreement.
D. Contractor's Insurance.
1. Coverages:
Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premises- operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
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June 4, 2024, Item #12
(c) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.
2. Endorsements:
Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City."
(b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."
3. Insurance Certificates:
Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
To City:
To Contractor:
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City of Poway
P.O. Box 789
Poway, CA 92074
Pro-Craft Construction, Inc.
500 Iowa Street
Redlands, CA 92373
June 4, 2024, Item #12
Service Type
1 plumber, 1 vehicle
2 plumbers, 1 vehicle
Slab Leak Detection
Equipment
Sewer Camera
Equipment
Router Equipment
ATTACHMENT 1
FEE SCHEDULE
Pro-Craft Construction, Inc.
Mon-Fri
7:00 a.m.-3:30 After Hours &
Saturdays p.m.
$298.58 $376.72
$513.12 $645.84
$424.00 $424.00
$389.25 $389.25
$190.80 $190.80
(Remainder of page intentionally left blank)
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Sundays/Holidays
$454.89
$795.61
$424.00
$389.25
$190.80
June 4, 2024, Item #12
EXHIBIT "8"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section.
(b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
(d ) Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e)
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(1 )Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received June 4, 2024, Item #12
any unemployment insurance compensation arising out of prior employment subject to this section with
a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement.
(2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
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(1 )The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar.
(2)
(A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority.
(B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
June 4, 2024, Item #12
(3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements.
(4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 ofthe Education Code.
(i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to .serve in a court pursuant to Section 68543.5.
History
Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015.
Annotations
Notes
Amendments:
2013 Amendment:
Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(I) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i).
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June 4, 2024, Item #12
GUARANTY
To the City of Poway, City Council, for:
AS-NEEDED PLUMBING SERVICES
The undersigned guarantees the work included in this project(s).
Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the Plans and Specifications, due to any of the above causes, all within the number of months the site is to be maintained after date on which this Contract is accepted by the City, or the date of recordation of Notice of Completion, whichever is the later, the undersigned agrees to reimburse the City upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or upon demand by the City, to replace any such material and to repair said work completely without cost to the City so that said work will function successfully as originally contemplated.
The City shall have the unqualified option to make any needed replacements or repairs itself or to have such replacements or repairs done by the undersigned. In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the City shall be entitled to all cost and expenses, including attorney's fees, reasonably incurred by reason of the said failure or refusal.
Contractor
Date
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June 4, 2024, Item #12
WORKERS'
COMPENSATION
INSURANCE
CERTIFICATE
Pursuant
to
Section
1861
of
the
State
Labor
Code,
each
Contractor
to
whom
a
public
works
Contract
has
been
awarded
shall
sign
the
following
certificate
and
shall
submit
same
to
the
City
of
Poway
prior
to
performing
any
work
on
the
Contract:
"I
am
aware
of
the
provisions
of
Section
3700
of
the
Labor
Code
which
require
every
employer
to
be
insured
against
liability
for
Workers'
Compensation
or
to
undertake
self
insurance
in
accordance
with
the
provisions
of
that
Code
, and
I will
comply
with
such
provisions
before
commencing
the
performance
of
the
work
of
this
Contract."
Contractor
By:
Title Date
Section
3700
of
the
State
Labor
Code
reads
in
part
as
follows
:
"Every
employer
except
the
State
shall
secure
the
payment
of
compensation
in
one
or
more
of
the
following
ways:
(a)
By
being
insured
against
liability
to
pay
compensation
by
one
or
more
insurers
duly
authorized
to
write
compensation
insurance
in
this
state.
(b)
By
securing
from
the
Director
of
Industrial
Relations
a
certificate
of
consent
to
self
insure,
either
as
an
individual
employer,
or
as
one
employer
in
a
group
of
employers,
which
may
be
given
upon
furnishing
proof
satisfactory
to
the
Director
of
Industrial
Relations
of
ability
to
self-insure
and
to
pay
any
compensation
that
may
become
due
to
his
employees
."
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