HomeMy WebLinkAboutAgenda Report - January 15, 2020 C-14AGENDA ITEM
CITY OF LODI
COUNCIL COMMUNICATION
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C IM/A+
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Waive the Bid Process and
Execute Professional Service Agreement with Bauer Compressors, Inc., of
Norfolk, Virginia, for the Purchase of Four Breathing Air Compressors,
Installation, Training, Annual and Quarterly Maintenance (Not To Exceed
$213,070), Utilizing State of California Contract No. 1-19-42-07
MEETING DATE:
PREPARED BY:
January 15, 2020
Fire Chief
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to waive the bid process
and execute Professional Service Agreement with Bauer
Compressors, Inc., of Norfolk, Virginia, for the purchase of four
breathing air compressors, installation, training, annual and
quarterly maintenance in an amount not to exceed $213,070,
utilizing State of California Contract No. 1-19-42-07.
BACKGROUND INFORMATION: Currently, the City of Lodi has one stationary breathing air
compressor located at Station 3, which is used to fill Self
Contained Breathing Apparatus (SCBA) bottles. The compressor is now 35 years old and is
at the end of its useful life. To date, there are only two of these air compressors left in California,
which has made procuring parts difficult.
As approved as part of the fiscal year 2020 budget, to reduce the time a crew spends outside of their
response district, the fire department would like to install breathing air compressors at each of the
four stations. Each crew will be able to refill their SCBA cylinders at their assigned station immediately
following an incident, eliminating the need to be out of their area while filling bottles at Station 3.
This allows for quicker response times within their respective districts.
By using the State of California Contract No. 1-19-42-07, the formal bidding process has already been
performed, allowing staff to more efficiently procure labor and materials for this specialty type work
while maintaining compliance with purchasing requirements. Per the Lodi Municipal Code Section
3.20.045, State and Local Agency Contracts, the bidding process may be waived when it is
advantageous for the City, with appropriate approval by City Manager and City Council, to use
contracts that have been awarded by other California public agencies, provided that their award was
in compliance with their formally adopted bidding or negotiation procedures.
Staff recommends that City Council authorize the City Manager to waive the bid process and execute
Professional Services Agreement with Bauer Compressors, Inc., of Norfolk, Virginia for the purchase
of four breathing air compressors, installation, training, annual and quarterly maintenance, utilizing
State of California Contract No. 1-19-42-07.
APPROVED: 1 i
Step Schwab , City Manager
FISCAL IMPACT: Contributions have been made over the past several years to the
equipment replacement fund in preparation for this purchase and was
adopted as part of the fiscal year 2020 Budget.
FUNDING AVAILABLE: Equipment Replacement Fund (40199000.77030)
Andrew Keys
Deputy City Manager/Internal Services Director
Gene Stoddart
Fire Chief
Attachments
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on 20 by and
between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and Bauer
Compressors, Inc, a Virginia corporation, qualified to do business in California
(hereinafter "CONTRACTOR").
Section 1.2 Purpose
CITY selected the CONTRACTOR to provide the services required in
accordance with attached Scope of Services, Exhibit A, attached and incorporated by
this reference.
CITY wishes to enter into an agreement with CONTRACTOR for the purchase of
four compressors, installation, training, quarterly and annual maintenance (hereinafter
"Project") as set forth in the Scope of Services attached here as Exhibit A.
CONTRACTOR acknowledges that it is qualified to provide such services to CITY.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 Scope of Services
CONTRACTOR, for the benefit and at the direction of CITY, shall perform the
Scope of Services as set forth in Exhibit A.
Section 2.2 Time For Commencement and Completion of Work
CONTRACTOR shall commence work pursuant to this Agreement, upon receipt
of a written notice to proceed from CITY or on the date set forth in Section 2.6,
whichever occurs first, and shall perform all services diligently and complete work under
this Agreement based on a mutually agreed upon timeline or as otherwise designated in
the Scope of Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other
work products as may be designated in the Scope of Services.
CONTRACTOR shall not be responsible for delays caused by the failure of CITY
staff to provide required data or review documents within the appropriate time frames.
The review time by CITY and any other agencies involved in the project shall not be
counted against CONTRACTOR's contract performance period. Also, any delays due to
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weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall
remain in contact with reviewing agencies and make all efforts to review and return all
comments.
Section 2.3 Meetings
CONTRACTOR shall attend meetings as may be set forth in the Scope of
Services.
Section 2.4 Staffing
CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's
capabilities and on the qualifications of CONTRACTOR's principals and staff as
identified in its proposal to CITY. The Scope of Services shall be performed by
CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified
by CONTRACTOR of any change of Project Manager and CITY is granted the right of
approval of all original, additional and replacement personnel at CITY's sole discretion
and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff
prior to any change.
CONTRACTOR represents it is prepared to and can perform all services within
the Scope of Services (Exhibit A) and is prepared to and can perform all services
specified therein. CONTRACTOR represents that it has, or will have at the time this
Agreement is executed, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature are legally required for CONTRACTOR to practice its profession, and
that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of
this Agreement all such licenses, permits, qualifications, insurance and approvals, and
shall indemnify, defend and hold harmless CITY against any costs associated with such
licenses, permits, qualifications, insurance and approvals which may be imposed against
CITY under this Agreement.
Section 2.6 Subcontracts
Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter
into any subcontract with any other party for purposes of providing any work or services
covered by this Agreement.
Section 2.6 Term
The term of this Agreement commences on January 20, 2020 and terminates
upon the completion of the Scope of Services or on January 19, 2022, whichever
occurs first.
Section 2.7 Option to Extend Term of Agreement
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At its option, City may extend the term of this Agreement for an additional one (1)
one (1) -year extension; provided, City gives Contractor no less than thirty (30) days
written notice of its intent prior to expiration of the existing term. In the event City
exercises any option under this paragraph, all other terms and conditions of this
Agreement continue and remain in full force and effect.
The total duration of this Agreement, including the exercise of any option under
this paragraph, shall not exceed three (3) years.
ARTICLE 3
COMPENSATION
Section 3.1 Compensation
CONTRACTOR's compensation for all work under this Agreement shall conform
to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by
this reference.
CONTRACTOR shall not undertake any work beyond the scope of this
Agreement unless such additional work is approved in advance and in writing by CITY.
Section 3.2 Method of Pa meat
CONTRACTOR shall submit invoices for completed work on a monthly basis, or
as otherwise agreed, providing, without limitation, details as to amount of hours,
individual performing said work, hourly rate, and indicating to what aspect of the Scope
of Services said work is attributable. CONTRACTOR's compensation for all work under
this Agreement shall not exceed the amount of the Fee Proposal.
Section 3.3 Costs
The Fee Proposal shall include all reimbursable costs required for the
performance of the Scope of Services. Payment of additional reimbursable costs
considered to be over and above those inherent in the original Scope of Services shall
be approved in advanced and in writing, by CITY.
Section 3.4 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR
to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to
furnish CITY, or a designated representative, with necessary information and assistance
needed to conduct such an audit.
CONTRACTOR agrees that CITY or its delegate will have the right to review,
obtain and copy all records pertaining to performance of this Agreement.
CONTRACTOR agrees to provide CITY or its delegate with any relevant information
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requested and shall permit CITY or its delegate access to its premises, upon reasonable
notice, during normal business hours for the purpose of interviewing employees and
inspecting and copying such books, records, accounts, and other material that may be
relevant to a matter under investigation for the purpose of determining compliance with
this requirement. CONTRACTOR further agrees to maintain such records for a period of
three (3) years after final payment under this Agreement.
ARTICLE 4
MISCELLANEOUS PROVISIONS
Section 4.1 Nondiscrimination
In performing services under this Agreement, CONTRACTOR shall not
discriminate in the employment of its employees or in the engagement of any sub
CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital
status, national origin, ancestry, age, or any other criteria prohibited by law.
Section 4.2 ADA Compliance
In performing services under this Agreement, CONTRACTOR shall comply with
the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well
as all applicable regulations and guidelines issued pursuant to the ADA.
Section 4.3 Indemnification and Responsibility for Damage
CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold
harmless CITY, its elected and appointed officials, directors, officers, employees and
volunteers from and against any claims, damages, losses, and expenses (including
reasonable attorney's fees and costs), arising out of performance of the services to be
performed under this Agreement, provided that any such claim, damage, loss, or
expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any
subcontractor employed directly by CONTRACTOR, anyone directly or indirectly
employed by any of them, or anyone for whose acts they may be liable, except those
injuries or damages arising out of the active negligence, sole negligence, or sole willful
misconduct of the City of Lodi, its elected and appointed officials, directors, officers,
employees and volunteers. CITY may, at its election, conduct the defense or participate
in the defense of any claim related in any way to this indemnification. If CITY chooses at
its own election to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification,
CONTRACTOR shall pay all of the costs related thereto, including without limitation
reasonable attorney fees and costs. The defense and indemnification obligations
4
required by this Agreement are undertaken in addition to, and shall not in any way be
limited by the insurance obligations set forth herein.
Section 4.4 No Personal Liability
Neither the City Council, nor any other officer or authorized assistant or agent or
City employee shall be personally responsible for any liability arising under this
Agreement.
Section 4.5 Responsibility of CITY
CITY shall not be held responsible for the care or protection of any material or
parts of the work described in the Scope of Services prior to final acceptance by CITY,
except as expressly provided herein.
Section 4.6 Insurance Requirements for CONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreement,
insurance coverage as set forth in Exhibit C attached hereto and incorporated by this
reference.
Section 4.7 Successors and Assigns
CITY and CONTRACTOR each bind themselves, their partners, successors,
assigns, and legal representatives to this Agreement without the written consent of the
others. CONTRACTOR shall not assign or transfer any interest in this Agreement
without the prior written consent of CITY. Consent to any such transfer shall be at the
sole discretion of CITY.
Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in writing
signed by an authorized representative of the sender and shall be deemed to have been
given when the same is personally served or upon receipt by express or overnight
delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class
or certified mail, postage prepaid, addressed to the respective parties as follows:
To CITY: City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: Michelle Munoz
To CONTRACTOR: Bauer Compressors, Inc
1328 Azalea Garden Road
Norfolk, VA 23502
Attn: Mike Cohen
Section 4.9 Cooperation of CITY
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CITY shall cooperate fully and in a timely manner in providing relevant
information it has at its disposal relevant to the Scope of Services.
Section 4.10 CONTRACTOR is Not an Employee of CITY
CONTRACTOR agrees that in undertaking the duties to be performed under this
Agreement, it shall act as an independent contractor for and on behalf of CITY and not
an employee of CITY. CITY shall not direct the work and means for accomplishment of
the services and work to be performed hereunder. CITY, however, retains the right to
require that work performed by CONTRACTOR meet specific standards without regard
to the manner and means of accomplishment thereof.
Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving
CONTRACTOR at least ten (10) days written notice. Where phases are anticipated
within the Scope of Services, at which an intermediate decision is required concerning
whether to proceed further, CITY may terminate at the conclusion of any such phase.
Upon termination, CONTRACTOR shall be entitled to payment as set forth in the
attached Exhibit B to the extent that the work has been performed. Upon termination,
CONTRACTOR shall immediately suspend all work on the Project and deliver any
documents or work in progress to CITY. However, CITY shall assume no liability for
costs, expenses or lost profits resulting from services not completed or for contracts
entered into by CONTRACTOR with third parties in reliance upon this Agreement.
Section 4.12 Confidentiality
CONTRACTOR agrees to maintain confidentiality of all work and work products
produced under this Agreement, except to the extent otherwise required by law or
permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents
owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential' or
"Proprietary", except to the extent otherwise required by law or permitted in writing by
CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California
Public Records Act.
Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney's Fees
This Agreement shall be governed by the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be venued with the San
Joaquin County Superior Court. If any part of this Agreement is found to conflict with
applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict
with said laws, but the remainder of this Agreement shall be in force and effect. In the
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event any dispute between the parties arises under or regarding this Agreement, the
prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's
fees from the party who does not prevail as determined by the San Joaquin County
Superior Court.
Section 4.14 City Business License Requirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020
requires CONTRACTOR to have a city business license and CONTRACTOR agrees to
secure such license and pay the appropriate fees prior to performing any work
hereunder.
Section 4.15 Captions
The captions of the sections and subsections of this Agreement are for
convenience only and shall not be deemed to be relevant in resolving any question or
interpretation or intent hereunder.
Section 4.16 Integration and Modification
This Agreement represents the entire understanding of CITY and
CONTRACTOR as to those matters contained herein. No prior oral or written
understanding shall be of any force or effect with respect to those matters covered
hereunder. This Agreement may not be modified or altered except in writing, signed by
both parties.
Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single
document. Should any inconsistency occur between the specific terms of this
Agreement and the attached exhibits, the terms of this Agreement shall prevail.
Section 4.18 Severability
The invalidity in whole or in part of any provision of this Agreement shall not void
or affect the validity of any other provision of this Agreement.
Section 4.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer media, or other
material documents or data, and working papers, whether or not in final form, which
have been obtained or prepared under this Agreement, shall be deemed the property of
CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such
documents during CONTRACTOR's regular business hours. Upon termination or
completion of services under this Agreement, all information collected, work product and
documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days.
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CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any
liability resulting from CITY's use of such documents for any purpose other than the
purpose for which they were intended.
Section 4.20 Authority
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement.
Section 4.21 Federal Transit Funding Conditions
❑ If the box at left is checked, the Federal Transit Funding conditions attached as
Exhibit D apply to this Agreement. In the event of a conflict between the terms of this
Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the
Federal Transit Funding Conditions will control.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Agreement as of the date first above written.
ATTEST:
JENNIFER M. FERRAIOLO
City Clerk
APPROVED AS TO FORM:
JANICE D. MAGDICH, City Attorney
By:
CITY OF LODI, a municipal corporation
STEPHEN SCHWABAUER
City Manager
BAUER COMPRESSORS, INC, a
Virginia corporation
By:
Name: Tim McGuire
Title: Branch Manager
Attachments:
Exhibit A - Scope of Services
Exhibit B — Fee Proposal
Exhibit C — Insurance Requirements
Exhibit D — Federal Transit Funding Conditions (if applicable)
Funding Source: 40199000 Eui Replace and 10041000.72533 Repairs to Vehicles
(Business Unit & Account No.)
Doc ID:
CA:Rev.01.2015
8
Quote:
� MSA
Date: December 13, 2019
To: Mike Van Guilder
Lodi Fire Department
Phone: 209-604-8222
Email: myanguilderplodi.clov
Exhibit A/B (1 of 2)
Not To Exceed $213,070
M^U ER
MIM -1 :-
267 East Airway Blvd -
Livermore, CA 94551
www. bauersf. coin
G1ty Part # Description Unit Price Line Total
VERTICUST"°PLUS BREATHING AIR COMPRESSOR_:
13 SCFM 110 HP Fixed SCBA Compressor Unit (Three Phase)
208V, 230V or 460V >
BAUER breathing air purification system SECURUS
BAUER PLC 7" color HMI touchscreen display
NEMA 4 rated electrical enclosure with ULU panel
> Compressor low oil pressure/high temp shutdowns
> Emergency stop push button and auto start/stop control
> Zero loss automatic condensate drain system with non -corrosive
condensate reservoir & integrated float sensor and automatic
VT -P I E3 "Full" indication and compressor safety shutdown
Interstage pressure gauges
Vertically hinged front operations panel access doors
> Inlet filter maintenance indicator
> Unique hinged front operations panel > Dual
function cascade controls
Two (2) ASME code stamped air cylinders installed
3 -way selector valve
NFPA 1901 2016 edition compliant 2 position containment
fill station accommodates SCBA or SCUBA Cylinders
> Packaged together as a modular system increasing end-user site
flexibility
Note: Prices include Freight, Installation, Training and running of Stainless Steal Air line from
Compressor to Fill Station Q Lodi Fire Station #1. Quotation prices are valid for 60 days. Call 925-
449-7210 if past expiration date. Thank you for the opportunity to submit this quotation. If you
have any questions please give us a call,
Sincerely,
Dan Kroetch
Phone: +1 (925) 449-7210
Cell: +1 (510) 909-6157
Fax: + 1 (925)-449-7201
$45,511.00 $ 182,044.00
Subtotal fi 182,044.00
8.250% $15,018.63
INCLUDED
Freaght
Installation/ INCLUDED
Training
$ 197,062.63
Total
Firm Fixed Price
.a
FORIS
1328 Nalea Garden Roan
N orrok VA 23602-ID44
(757) B5S-6006
To :
CITY OF LODI—FINANCIAL SERVICES
Lodi Fire Department
Attention: Accounts Payable
P.O .Box 3006
LODI CA 95240
United States
Exhibit AIB (2 of 2)
Our Quotation # 035038-00
12.03.2019
Quotation Valid Thru : 03-31-2020
Terms : NET 30
Attention: TIM ORTEGEL Your Request: PO REQUIRED
We are pleased to quote your requirements as shown below. Our company has a reputation for delivering quality products and we look forward to the
opportunI l t of serving you.
Item Facility I Part I Rev I Description I Details Quantity Quoted Unit Price Extended Price
001 Default
FEE -0022 Rev 000 UIM HR
SERVICE TRAVEL TIME 8.00000 85.0000 680.00
2Hrlvisit
-1 Service
-3 Air tests
002
003
004
Sales File
Default
FEE -0023 Rev 000 UIM EA
SERVICE LABOR
-3Hr per unit for annual service
-1 Hr per unit for quarterly air test a calibration of CO monitor (includes point
inspection)
Default
FEE -0028 Rev UIM EA
SERVICE PARTS"
Per Unit:
60037A
058825A
Oil -0024
N25326
N04735 x2
N04736 x2
"Service Parts May be different depending on units chosen.
Default
CER -0020 UIM EA
AIRIGAS SAMPLE TEST WICERTIFICATE - ANNUAL
Page 1 of 2
1.00000
400000
3,000.0000
401.6000
3,000.00
1,606.40
16.00000 i 150.0000 2,400.00
I l
Authorized Signature
Our Quotation # 035038.00
12.03.2019
CUMf�RE55QR5
1320 Az laa Curd Road
Norfolk, VA 2350 944
(757) 055-6000
To.
CITY OF LODI—FINANCIAL SERVICES
Lodi Fire Department
Attention: Accounts Payable
P.O .Box 3006
LODI CA 95240 Quotation Valid Thru ; 03-31-2020
United States Terms : NET 30
Attention: TIM ORTEGEL Your Request: PO REQUIRED
Item Facility 1 Part I Rev I Description I Details Quantity Quoted Unit Price Extended Price
Total Items Price 7,686.40
This quotation is far lea BAUER Factory Technician to attend customer's location to complete the annual pm service of qty 4 compressors as well as quarterly air testing and CO
monitor calibration.
PM Services Include: Change purification filters, change oil & oil filter (if applicable), calibrate co monitor, check safety shutdowns, complete systems check, NFPA air test.
NO FURTHER LABOR OR ANY MATERIALS ARE COVERED UNDER THIS QUOTATION AND WILL BE ADDRESSED ACCORDINGLY IF REQUIRED,
All prices are NET, in U.S, dollars. Taxes, if applicable, are not included and will be in addition to the quoted prices.
For service/repairs outside annual service - Standard rates apply
$125.00 per hr,raie
$167.50 per hr overtime rate
Thank you for the opportunity to submit our quotation.
Thank you for choosing BAUER Compressors Inc., for your compressor needs and I look forward to working with you in the future.
Very Respectfully,
Ashley Sperduto
Service Coordinator
BAUER COMPRESSORS, INC.
267 E AIRWAY BLVD,
Livermore, CA 94551
+1(925)449.7210
Ashley. Sperduto@bauersf, com
service@bauersf.com
www.bauercomp.com
Sales File Page 2 of 2
9 Authorized Signature
EXHIBIT C
NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a
contract you will receive an email from the City's online insurance program requesting you to forward the email to your
insurance provider(s) to submit the required insurance documentation electronically
Insurance Requirements for Most Contracts
LN5& construction or requiring professional liability)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages
to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the
Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including
products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than
$2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non -
owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit
of no less than $1,000,000 per accident for bodily injury or disease.
Other Insurance Provisions:
(a) Additional Named Insured Status
The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered
as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on
behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General
liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form
CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a
later edition is used
(b) Primary and Non -Contributory Insurance Endorsement
The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For
any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG
20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained
by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute
with it.
(c) Waiver of Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said
Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to
obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether
or not the City of Lodi has received a waiver of subrogation endorsement from the insurer
NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street,
Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of therp oiect
that it is insuring.
(d) Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to
increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies.
(e) Notice of Cancellation or Change in Coverage Endorsement
This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such
cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240
Page 1 1 oft pages I Risk: rev. 3/1/2018
(f) Continuity of Coverage
All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration
of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which
meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual
basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the
City and immediately obtain replacement insurance. Contractor agrees and stipulates that any insurance coverage provided to the
City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or
statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.).
(g) Failure to Comply
If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain
the insurance Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum
allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days
of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement
and interest on the first (1st) day of the month following the City's notice. Notwithstanding any other provision of this Agreement,
if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance,
the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the
Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities.
(h) Verification of Coverage
Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and
amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates
and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required
documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to
require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at
any time Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective
date.
(i) Self -Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability
to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall
provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Q) Insurance Limits
The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents,
representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and its officers, officials,
employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement
in the Agreement for Contractor to procure and maintain a policy of insurance.
(k) Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and
Consultant shall ensure that City is an additional insured on insurance required from subcontractors
(1) Qualified Insurer(s)
All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of
California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted
surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines
insurers (LESLI list) and otherwise meet City requirements.
Page 2 1 of 2 pages I Risk: rev. 3/1/2018
RESOLUTION NO. 2020-10
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CTY MANAGER
TO WAIVE THE BID PROCESS AND EXECUTE PROFESSIONAL SERVICE
AGREEMENT WITH BAUER COMPRESSORS, INC., OF NORFOLK, VIRGINIA, FOR
THE PURCHASE OF BREATHING AIR COMPRESSORS, INSTALLATION, TRAINING,
AND ANNUAL AND QUARTERLY MAINTENANCE, UTILIZING STATE OF
CALIFORNIA CONTRACT NO. 1-19-42-07
WHEREAS, the City of Lodi is a public agency located in the County of
San Joaquin, State of California; and
WHEREAS, the City of Lodi currently has one breathing air compressor used to
fill self-contained breathing apparatus (SCBA) bottles; and
WHEREAS, this compressor, located at Station 3, is 35 years old and at the end
of its useful life; and
WHEREAS, Lodi City Council approved the purchase of four breathing air
compressors as part of the Fiscal Year 2020 budget; and
WHEREAS, per Lodi Municipal Code Section 3.20.045, State and Local Agency
Contracts, the bidding process may be waived when it is advantageous for the City, with
appropriate approval by the City Manager and City Council, to use contracts that have
been awarded by other California public agencies, provided that their award was in
compliance with their formally -adopted bidding or negotiation procedures; and,
WHEREAS, staff recommends that the City Council authorize the City Manager
to waive the formal bid process and execute a Professional Services Agreement with
Bauer Compressors, of Norfolk, Virginia, for the purchase of four breathing air
compressors, installation, training, and annual and quarterly maintenance, in an amount
not to exceed $213,070, utilizing California State Contract No. 1-19-42-07; and
WHEREAS, contributions have been made over the past several years to the
equipment replacement fund in preparation for this purchase, which was adopted as part
of the Fiscal Year 2020 Budget.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to waive the formal bidding process, and execute a
Professional Services Agreement with Bauer Compressors, Inc., of Norfolk, Virginia, for
the purchase of four breathing air compressors, installation, training, and annual and
quarterly maintenance, in an amount not to exceed $213,070, utilizing California State
Contract No. 1-19-42-07; and
BE IT FURTHER RESOLVED that the costs for this project be funded out of
equipment replacement fund (40199000.77030); and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council
Protocol Manual (adopted 11/6/19, Resolution No. 2019-223), the City Attorney is
hereby authorized to make minor revisions to the above -referenced document(s) that do
not alter the compensation or term, and to make clerical corrections as necessary.
Dated: January 15, 2020
I hereby certify that Resolution No. 2020-10 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held January 15, 2020 by the following
vote:
AYES: COUNCIL MEMBERS — Chandler, Johnson, Nakanishi, and
Mayor Kuehne
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Mounce
ABSTAIN: COUNCIL MEMBERS — None
PAMELA M. FARRIS
Assistant City Clerk
2020-10
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