HomeMy WebLinkAboutAgenda Report - July 21, 2021 C-20AGENDAITEM
CITY OF LODI
COUNCIL COMMUNICATION
TM
C,020
AGENDA TITLE: Adopt Resolution to Ratify the Agreements Between the City of Lodi and
All American Modular and Ranse Gale Construction for Development and
Installation of the Four Modular Units for the Harmony Homes Project in
an Amount Not to Exceed $709,700
MEETING DATE: July 21, 2021
PREPARED BY: Community Development Director
RECOMMENDED ACTION. Adopt resolution to ratify the agreements between the City
of Lodi and All American Modular and Ranse Gale
Construction for development and installation of the four
modular units for the Harmony Homes project in an
amount not to exceed 709,700
BACKGROUND INFORMATION: In December 2018, the San Joaquin Continuum of Care
(SJCoC) awarded the City $1,250,000 in HEAP grant
funds for its permanent supportive housing project. On
May 1, 2019, the City Council accepted the award.
Project Description:
The City's Harmony Homes project will create four units of permanent housing for homeless
individuals and families or those at risk of homelessness. This supportive housing will help at -
risk individuals/families move into long-term, affordable housing where they can continue their
progress toward stable and independent living.
The project will receive tenant referrals from local organizations including The Salvation Army,
Lodi House, and Women's Center Youth and Family Services, as well as the Housing Authority
of the County of San Joaquin (HACSJ). HACSJ will supply housing choice vouchers to tenants.
Volunteer supportive housing services will be available for tenants, and tenants will sign lease
agreements that include appropriate maintenance of each unit.
The City received authorization for the City Manager to enter into a contract with All American
Modular to acquire and install four modular units for the Harmony Homes project to be located
at 301 East Lodi Avenue on April 7, 2021 per resolution 2021-90 in an amount not to exceed
$750,000.
Staff recommends City Council adopt a resolution to ratify the agreement between the City of
Lodi and All American Modular for development and installation of the four modular units for the
Harmony Homes project in an amount not to exceed $709,700.
FISCAL IMPACT: HEAP and PLHA grant funds will fund this agreement
APPROVED:
ephen Schw uer, ity Manager
Adopt Resolution Authorizing the Agreement with All American Modular
July 21, 2021
Page 2 of 2
FUNDING AVAILABLE: HEAP grant funds: 35584000.77020
PLHA grant funds: 35585000.77020
Andrew Keys
Andrew Keys
Deputy City Manager/Internal Services Director
John IR, Della Monica, r.
Community Development D ecto
AitachmAnts: z
1. Signed Agreement (Development) $483,000
2. Signed Agreement (Installation) $226,700
ALL AMERICAN MODULAR 1�
1357,1 I.4t;(.11r5•t rt7.
tiP ala. CA 95032
Atka+c:- 1909,' +:d -C4 -:)Lr
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NOTICE. T-il S FOR%I lS C:Q;'YRI(- KIT -) ANN REP'mQ01,•CTION 01 A6_._ On PAR- I S STIR I0- :y s (Wlv Cti n. -
MANUFACTURED NOME PURCHASE ORDER AND FEDERAL DISCLOSURE STATEMENT
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1 HE HEALER 0ERTIF.F,. "HAI I kE
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1 1 (A) DO NOT SIGN THE PURCHASE AGREEMENT BEFORE YOU READ 1T OR IF IT CONTAINS
ANY BLANK SPACES TO BE FILLED IN. (B) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THAT
AGREEMENT AND. IF PURCHASING A MANIIFACTUREDIMO81LE HOME COVERED BY A WARRANTY. A COPY
OF THE WARRANTY. •Ccrriplai rs oar- -rc1 hv: FM clra a shall ere relprred'o thu cr�vcr uric, it trlf- 6'7I(y 31va 1 not resoNec. rrmy tc rt lr•r;gxi
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:. rr,;1x: lu• ai" pur,74Se ]I -^9r lt•�•t ,I rr�pgrrlU'i•, I may be Iiat1E. tc m `.ilrl r4 lir;:ir:l n! {-.qu.Rlr?3110n, 1r3'ihe lax rs'-ai7eurF;p b•f +hp 7rrrnunl rxC31sc1f.�
Pu'cua^l tO :hiV Xr•dCa•V Stege Schwahauer
PL,PCi1AY,F F DATE
RECAI/T OF A FILLED4N CCWT OF THIS "RK MRM IE+KMNBT ACKKOWLID09D By PY0004AEE0
-NK aurrrD5r, :?•r7r• .: Ri::lLL•I '_ cra Ll,' a:U1 C•.•.7r i.'.rr 15 na- a im •y vIGs: vyr vtl :rr art ar rdrl7Ri rn;AT_',mtrriimv. ❑I Iw Ida•, Pur Lfiaaer cerlrt,e5 IP at r8* ol ,roll
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' r Steve Schwabauer
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DA' L _ LA'; -- - - —
A- r,.;,:r LtC RI: "Hl-tiF', I AF :a- CT Cr'LCn
Health and Safety Coda section 18035.25 is hereby reprinted below:
Declanadon of Daflv2iT ftle
The undersigned �purchaser hereby declares that hefshe is agrasing to a delivery sale wherein helshe
intendsto actually and physically install the subject homy described below, or accept responsibilit}► for
engaging the service; of a licensed contractor to perfom that installation. Additionally, the purchaser
hereby declares that helshe understands that Tnost manufacturers` warrantles do not cover defects
caused by unproper site preparation or instalt on_ The purchaser- takes full responsibility for the
proper storage, inClUding blocking of the home and protection from the element's, prior to the
completion of the installation. it is strongils recommended that, befora entering into this acgresrnsm, the
purchaser has ensured 'that the Dome described below virllf be installed pursuant to subdivision (a) of
Section 18551 of the Hea€ih and Safeb, Code (see reverse side) and the rrlanuPacture>'s installation
instructions. Additions lly. the purchaser should make cerraiin that helshe can meet all garrnit and fee
requirements, including school development lees, most of which may be financed* for the installation
of the subject horns.
WiRrmin"Y Ennfrradon
NoWiibstanding Section 179-7 of the Civil Code, in order to provide reasonable time for the installation
as your Nome, the manufacturer's warranty, when applicable, 'mill expire one year _after either thle
issuance of a certificaty of occupancy or'f 20 days from the Gose of escrow, whichever occurs First.
i�-Jarne of G scrow Cornpanu: -• Escrow Number.
ivianufacturer's dame: 7
Serial Number(s),
Dealer's Name: LL.r
Address where purrchei ser will accept delivery:
Address where purchazer intends to install home. flx
C, C-
NOTE: An original copy of this document must be deposited with the above named escrow agent as a condition precedent
to the preparation of escrow instructions. tJpan class of escrow, the escrow agency shall submit a copy of the original
document to the department along with documents required to report the sale; the original document shall be retained by the
escrow agent. AddManally, -a copy of the original document shalt be sent to the rnasiufacturer_
WARHING, This is ari impo nit document. Do not sign unless you have read and understood the
above declaration. Sct4o-1461 u e -r
Purchaser's printed Nsirnrchaser's Signator e:
Purchaser's Printed Name: Purchaser's Signature: date:
Approved to Fa
�LAO
TIE ❑. LUCCHESI
Deputy City Attomey
(Section 18,551 of the HeIilth and Safety Code shall he reprinted on the reverse side of this document.)
Health and Safety Cods section 18035.25 is hereby reprinted belove:
The undersigned-purt haler hereby declares that hefshe is agreeing to a deliveny sale wherein helshe
intends -to actuaBy and physically install the subject home described below, or accept responsibiliq) for
engaging the service;; of a licensed contractor to perforins that insiailaiion. Additionally, the purchaser
hereby declares that helshe'understands that most manu€acturers` warranties dv not cover deiacfts
caused by improper site preparation or installation_ The purchaser -takes full responsibility for the
proper storage, including bloolting of the home and protectivn from the alameni , prior to the
completion of the inetsdlstlon. }t is sirongl,+ recommended th2� b9fore entering into fMs agreement, the
purobaser has ansure:d that the horne described be[ow will be installed pursuant to subdivision (a) of
Section 13551 of the Healih and Safety Code (see reverse side) and the manufacturer's installation
instructions. Addis onallif. the purchaser should rnake carWin that hWshe- can meet all €aerrrtit and fee
requirements, including school development fees, mosi of which may be financed, for the installation
or the subject home.
ftrFaRty Exuivavon
NoMfithstanding Secriart 1797 of the Givil Code, in order to provide reasonable time for the installation
a€ your home, the manu3ac€urer''s warranty, when applicable, will expim one year after either the
issliance of a CerflflcatE) of occupancy or 128 days from the close of escrow, whichever occurs first.
Nerrre Of Eacro+a= company.(�-'� _. - -�—.moi r _s _ ��: Esorow Number:
Manu%ctuml s Narne:
.Serial Numbers}:
r
Dealer's Name: --
Address where purchasservirill accept deibverT- = -
Address where p>arGhaser iy tends to instali home:
-�
NOTE: An original coley of this document must be deposited with fire above named es=w agentas a condition precedent
to the preparation or escrrw insirvctionsr. Upon close or escrow,, the escrow agency shall submit a copy or the original
documenttn the department along w1h documents required to reportthe sale; the originel document shall be retained by ihs
escrow agent Additionally. -a aorsy of the original dacument shall be sent to the s-nanu+ aclurei--
i€I ARMIMG: This is ars important document. Do not sign unless you have read and understood the
alcove declaration -
Purchaser's Printed Name -
Purchaser's Printed Well -lie: Purchaser's Signature: Date:
roped as to Fo ,
l AQp- _
lr4CHTlE 0. LU SE
Deputy City Attorney
(Section 18551 of the Hesllth and Safebr Code shall be reprinted on the reverse side of this document.)
Health and Safety Code sectbri 18035.26 is hereby reprlinted below-
Declar ndon of 0QV@F1F 3W@
Tile undersigned -purchaser hereby declares that hefshe is agreeing to a delivery sale wherein he/she
intends -to actually art -d physically install the subject home described below, or accept respon:sibill4l for
engaging the services; of a licensed contractor to perform that installation. Additionally, the purchaser
herr declares that helshe understands that most rnanui-acturere warranties do not cover defecAs
caused by improper site prepara€ion or iristalla qn. The purchaser-talms full responsibility for the
proper storage, including blocking of the home and protection Warn the elements, prior to the
completion of the installation. It is strongly recommended that before entering into this acgreemen"t, the
purchaser has ensured fttt the home described below loth be installed pursuant to subdvision (2) of
Bat -ton 18567 of the Health and Sa>ie4f Code (see reverse side) and the manufacturers installetivn
instructions. Additiunall►y. the Purchaser should make certain that he/she can meat all oerrnit and fee
requirements, including school deveiopmeni fees, most of which may be financed, for the installation
of the subject home. -
Warranty Expiration
Notwithstanding Sectlon 17977 of the Civil Cade, in order to provide reasonable time for the installation
Of your Crowe= the: manu facturefs warranty, when apprcalZle, vulil expire one year after either ti -ie
issuance of a certiftcaW of occupancy or 120 days from the close of eScrMF, whichever Occurs first
Werne or Escrow Company: •Escrow Nt�rrthsr:
Manufacturers Name:
Serial Number{s}: 1
Dealer's varve: .] i ... C' t- -. r' - r- S .Ca, -
Address utrhere pumhsiEar v ifl accept delive r: , = 1
Address where purchczer Winds to instalt
---.-��
NOTE -An original copy of this document must be deposited verist the above named escrow agent as a cDndMon precedent
to the praparation of ascrow instructions. Upon cloS9 of escrow, the escrow agency shall submit a Copy or the original
document to the department along with documents Mulrad to report the sale; the original document shall be retained by iha
-scray< agent Additionally. a copy of the original document shalt be sent to the rnanuAdctcrer
tf ARMIMG: This is are important document. Do not sign unless you nave read and understood ihs
above declaration.
Purchasers Printed Neir na_JaIJ Pdrchasees Signatur - Dater'
Purchasers Printed Name: Purchasers Signature: Date:
roved as to Form: -
TIE C. LUCC ESI
Deputy City Attorney
(Section 18551 of the He•=.6th and Sareb; Code shalt be reprinted on the reverse side of this document)
Wealth and Safety Cods section 1803525 is hereby reprinted below:
Decimation of QWWe7inp SWe
The undersigned- purchaser hereby declares that helshe is agreeing to a delivery sale wherein he/she
intands•to actually and physically install the subject home described below, or accept: responsibili4► for
engaging the services of a licensed contractor tD perforin that installation. Additionally, the purchase;
herebiF declares that helshe understands that most manufacturers` livarranties da not cover deiects
caused by improper site preparation or installatiarr_ Tire purchaser -lakes full responsibility for the
proper storage, incll:iding blacicing of the home and protection kam the elements, prior to the
Completion of the installation. it is Strongly recornrnanded that, bafora an"iaring into this agrearnam, the
purchaser has ensured that: the home desedbad below will be installed pursuant in subdivision (a) of
Section 18551 of the Health and Safet ? Code (see reverse side) and the manuFacturees installation
instructions. Additionally. the purchaser should matte certain that helshe can meet all Pannrlli and ,Fee
requirements, includlrq school development fees, most of which €rEey be financed, for the installation
of the subject home.
Warranty ExPIP UOR
Notwithstanding Section 17977 of the Civil Cade, in order to provide reasonable time for the installafion
of your Crowne, the manufacturer's warranty, when applicable, Will e4- m aria Year atter either the
issuance of a celtificatei of occupancy or 120 days from the close of escrow, whichaver occurs first.
Marne of Escrow Companjr*Q Eacrow l►dumbar:
Manufacturer's Name: _
Serial Number(s):
Deafen Nar-re: Lcx
Addrass wherre Purchaserwill accept delivery:
7
Address where pumhaser intends to instali home: kr
MOTE,
An original copy of this document must be deposited wfih the above named escrow Wnt as a mridition pisredent
to 'die preparation of escrmv Instructions. Upon Close of escrow, the escrow agency shall submit a copy of the original
document to the depadment along vath documents required to report the sale; the original document shall be retained by the
3s=w agent Additionally, a copy or the original document Shall ba sent io the manuNchaer_
WARMING: This is ars important document. Do not sign unless you have react and understood the
above declaration- 4CJeAA_1tdc
Purchaser's Printed Nalene: aser's �ignaty a�:,�?
' f
Purchaser's Pr1rled Nzu-ne: Purchaser's Signature. Date:
Approved. as to Farm:
i
rKA IE 0. LU SI
Deputy City Attorney
(•Ssctlon 18551 of the He.[ith and sa[eb~ Code shat[ be reprinted on the reverse side of fts document)
Section 13651(a) of the Health and Safety Code_ The department shall establish regulations for manulavtured home, mabnehome, and
commercial coach foundation systems 'chat shall be applicable throughout mite state. When estabileied, these regulations supersede any
ordinance enacted by any city, county. or c3yy and county appfc ablp, to manufadttlrad home. mobile home. and commercial coach lou ndatlpll
systems. The department may approve alternate foundation systems to idose provided by regulation cohere the department is safisfied of
e9triv;3tent perrormanco. she depart ant Shall document appravat of altemato sppterns by Re atsmp of approval on the' plana end
speraficafians for the alternate foundatfan system. & manrtfactured home, ntobilehonme, or commercial Coach may be 1nstatrea on a
foundailon systema& either a fixture or improvement to the real property, in accordance with suhdhrision (a), or a manufactured home a
mobilehoms may be Installed out a foundation system as a chattel, in accordance with subdivision (b). • -
(a) InsfallaVan of a manufactun:d home, mobile home, or commercial coach as a i-tte
xture, or improvement to the al propetty shall comply
with all of ths3 following:
(1) Fedor to Insta€ soon of a manufactured home, mobilehome, at commermai ccach on a• foundation system, the manuiactured home,
mobltehame, or commercial coach owner or a licensed contractor shall oblain a building permit from. the appropriate enforcement agency -
TO ohtafn a Ran -WL this owner or contractor stall provide the f foLi ing. '
(A) livrittan evidence accsptable to the enfarsemont agency that the manufactured homa, mob Uehrune, or commercial coach myner owns,.
-holds lute to, or is purchasing the real property whets the mobilehorner is to be Installed on a foundation system. A lease held by the
manufactured home, mnbBehome. ar commercial coach owner, that €s transferable, for the exctusiva use of the real property where the
manufactured home, mobilehome, or commercial coach is to be installed, shall be deemad to comply with this paragraph if the lease is for a
term of 35 years a more. ur if fess tfran 35 years, for a term mutually agreed upon -by the lessor and laGaee, and the term of the lease is not
revocable at the discretion of the lessor except for cause. as described ism subdivisions 2 to 5. Inclusiu0. (if Section 1181 of the Code of Ctrl
Procedure -
(81 Millen evidence acceptable to the enforcement agency that the registered Owner ativns the manufactured home, mobl[ehome, or
commercial coach free of any tiaras or encumbrances or, in-fhe a=lent that the legal owner is not the registered owner, or liens and
encumbrances er.Ist on the me nufactured home, mobllehome. or cammemlai coach, written evidence provided by the to -gal owner and any
tienors or encumbrancers that the legal corner, lienor, or encumbrancer consents to the attachment of the manufactured home, mobilehome,
or commerciai coach upon the discharge of any personal teen, (rat may be conditioned upon fame sate>faclion by the registered owner of €he
obligaiton secured by the lien.
(C) Plans and specifications required by department regulations or a department -approved allemate for the manufactured home,
mobilehome. or commercial Goacli foundation syststnm-
A The manufactured home, mobilehome, or commercial mach manufachiret's installation instructions, 4r plans and speelfications
signed: by a California licensed architect or engineer covering the installation of an individual inanufactured home. mobifehame, or
commercial coach In the absence of the manufactured home, mobi[ehome, crcommercial coach manufacture r`s instructions -
(E) $uifding permit fees estabnehad by ordinance or regulation of the appropriate enforcement agency_
(F] A fee payable to the department in the amount of eleven dollars (811) far each transporlable section of the manufactured home.
mobilehome, or commercial coach,., that shall be transmitted to the department at tha time the cer6ficate of occupancy is issued wilh a copy
of the- building permit 'and any other information concerning the manufactured home, mobilehome, or commercial coach which the
department may prescribe on forms provided by the deparlmenL
(a) (A) On the same day that the certificate of occup ancy tar the manufactured home. mobilehome, arcr_ommerciam coach Is issued by the
appttmprlate enforcement agency, the enfomemant agency shall record with the county moorder of time county where the real property is
situated, that the manufaclured home, mobilehame. or commercial coach has been installed upon, a document training the ovmer of the real
property, describing the meal property with certainty, and stating that a manufactured home, mobi€elrome, or commercial coach has been
affixed io that real property by ins°loilsiion on a foundation system pursuant to this subdivision.
(B) When recorded, thesiocument referred to In subparagraph (A) she 11 be indexed by the county r=corder to fhe named owner and shall
be deemed to give canstructivenotice as to Its contents to gal persons thereafterdearing with the real property.
(C) Fees received by the department pursuant to Subparagraph (F) of paragraph (1) shall he deposited in the Nobilehome-Manufactured
Horne Retroly€ng Fund established under subdivislon (a] of Sacft n.18DIU. �-
J3) The! department shat[ adopt regulations providing -tor the cancellation of registration of a smm muractltfed home, mobflehome. or
c:ommerclai coach Thal is permanently attached to the ground on a foundation system+ pursuant to subdivision (a). -lire regulations shall
provide for the surrender to the department of the certificate of Me and other indicia of rellistration. For the purposes of this subdivision,
permanent atdlcmttun to a iound0on system shall be steamed• IQ have occurred on the day a cerVipate of occupancy is issued fa tha
manufactured Frame, mobilahorria, or eomrnerclal coach owner and the document referred to in subparagraph (A) of paragraph (2) is
racarde d. Cancellation shall be effective as of that date and the department shall enter the cancellation on ifs records upon recelpt of a copy
of the certificate of occupancy. This subdivision shall not be construed to affect the application of existing Jews, or the deparlmenrs
regulations or procedures with tngard to the caltceilalion of registration, except as to the'requirelmment therefore and the effective date
thereof_
(o,) Once instaiied an a foundaion system in compliance with this subdivislon. a manufactured home, mobile home, or commercial coach
shall be deemed a fixture and a real property improvement to theme] property to which tt iS afrrxed. Physical removal of the manufactured
home. mobilehome, or commercial coach shall thereafter be prohibited without the consent of all persons or entilies who, at the time of
removal, have We to any estate or Interest in the real property to which the manufactured home, mobnehome, or commercial coach Is
affmad.
{5) For the purposes of this subdivision:
(A) "Physical removal" shalt include, without limitation, the unattaching of the manufactured Horne. mobilehome. or commercial coach
from the foundation system. except fortemporary purposes of repair or Improvement thereto.
(S) Consent to removal shall nut be required from the owners of rights -of -Way or easements cr time owners. oz subsurface rights or
interests in or to minerals, inCiudina, but not Iimiled io, oil, gas. or other hydro caton substances_
(6) At least 34 days prior to a legal removal or time rnanufaeiured home, mobile home. or commercial coach from the foundation system
and transportation away from the real properly to which it ryas formerly affixed, time manufacture d'ihome, moNlehome, or commercial coach
owner shall notify the department and the county assessor of the intended removal of the me nufactured borne. mnbilehome, or commercial
coach i he department shall require wri Lien evidence that the necessary consents have been obta Vied pursuant to this secUon arrd shall
require application for ether a transportation permit or manufactured home, mobilehome. or a mmercial coach registration, as the
department may decide is appropriate to the circumstances. Immediately upon removal, as defined In oris section, the manufactured home,
mobilehome, or commerdai coar.h shall be deemed to have become personal property and subject to all laws governing the same as
appri able to a manufactured honte, mobilehome, or commercial coach.
RAN5E GALE CONSTRUCTION
CUNTRACTUR'S LICENSE NUMBER 949878
CUNSTRUCTI+DN SERVICES AGREEMENT
This Construction Services Agreement is entered into as of May 5, 2021 (the "Agreement") by and between Ranse Gale Construction
("RGC") and Harmony Homes Permanent Supportive Housing/City of Lodi at 221 W. Pine Lodi, Ca. 95240 ("Customer").
AGREEMENT
1. Term of Agreement. This Agreement shall continence as of the date
set forth above and shall continue until completion of the Work (as
defined herein).
2. Project. RGC shall provide the services and materials (the "Work"]
as set forth in the attached Exhibit A (the "Scope of Work" j. All Work
shall be provided on a time and materials basis unless otherwise
provided for in the applicable Scope of Work. To the extent of any
inconsistency between this Agreement and the Scope of Work, the
Scope of Work shall govern. RGC may retain subcontractors and
independent contractors to aid RGC in the provision of Work. Customer
acknowledges and agrees that ROC may provide the same or similar
Work to third parties and nothing herein shall prevent RGC from
providing such Work to third parties. All Work shall be deemed
accepted upon completion of the Work, unless Customer notifies ROC
within five days following completion of the Work
3. Changes in Work. Should the Customer, construction lender, or any
public body or inspector direct any modification or addition to the Work
covered by this Agreement, the Agreement Price shall be adjusted
accordingly.
Modification or addition to the Work shall be executed only when
an Agreement Change Order has been endorsed by both the Customer
and RGC_ The change in the Agreement Price caused by such
Agreement Change Order shall be agreed to in writing, or if the parties
are not in agreement as to the change in Agreement Price, RGC's actual
cost of all labor, equipment, ROC'S and materials, plus a fee of 20%
shall be added to the change in Contract Price. The Change Order may
also increase the time within which the Scope of Work is to be
completed.
ROC shall promptly notify the Customer of (a) latent physical
conditions at the site differing materially from those indicated in the
Scope of Work or (b) unknown physical conditions differing materially
from those ordinarily encountered and generally recognized as inherent
in Work of the character provided for in this Agreement. Any expense
incurred due to such conditions shall be paid for by the Customer as
added Work.
4. Customer's Responsibility. Customer agrees to allow and provide
ROC and RGC's equipment access to the property.
5. Delays. RGC agrees to start and diligently pursue Work through to
completion, but shall not be responsible for delays including, but not.
limited to, the following reasons: failure of the issuance of all necessary
building permits within a reasonable length of time, funding of loans.
disbursement of funds into control or escrow, acts of neglect or omission
of Customer or Customer's employees or Customer's agent, home
manufacturer, acts of God, stormy or inclement weather, strikes,
lockouts, boycotts or other labor union activities, extra Work ordered by
Customer, acts of public enemy, riots or civil commotion, inability to
secure material through regular recognized channels, imposition of
Government priority or allocation of materials, failure of Customer to
make payments when due. Government bodies, or acts of other
contractors, or holidays, or other causes beyond ROC's reasonable
control.
5. Subcontracts. RGC may subcontract all or portions of this Work to
properly licensed and qualified subcontractors.
7. Taxes and Assessments. Taxes and assessments of all descriptions
will be paid for by Customer.
& Insurance and Deposits. RGC shall carry and ensure that its
subcontractors shall carry Worker's Compensation Insurance for the
protection of RGC's employees during the progress of the Work. RGC
shall carry liability insurance to cover any damages to Customer's
property resulting out of the acts of RGC. Customer shall obtain and
pay for insurance against injury to his own employees and persons under
Customer's direction and persons on the job site at Customer's
invitation.
Customer shall be responsible for obtaining any and all necessary
insurance to cover Customer's property from damage from other than
the acts of RGC, including, without limitation, earthquake, fire or other
damage not caused by the acts of ROC. If the project is destroyed or
damaged by accident, disaster, or clarity, such as fire, storm, flood,
landslide, subsidence or earthquake, Work done by RGC in rebuilding or
restoring the project shall be paid for by the Customer as extra Work.
9. Rights to Stop Work. ROC shall have the right to stop Work if any
payment shall not be made, when due, to RGC under this Agreement.
RGC may keep the job idle until all payments due are received. Failure
to make payment, within five (5) days of the date due is a material
breach of this Agreement and will entitle RGC to cease any further
Work.
10. Asbestos and Hazardous 'Waste. Unless the contract specifically
calls for the removal, disturbance, or transportation of asbestos or other
hazardous substances, the parties acknowledge that such Work requires
special procedures, precautions and/or licenses. Therefore, unless the
contract specifically tails for same, if RGC encounters such substances,
RGC shall immediately stop Work and allow tate Customer to obtain a
duty qualified asbestos and/or hazardous material contractor to perforin
the Work or do the Work himself at RGC's option. Said Work will be
treated as an extra under this contract.
11. Limited Warranty. RGC hereby warrant& its Work (including that
Work completed by its subcontractors) for a period of one (1) year after
completion against any defects in workmanship or materini and that it
shall complete the entire Work covered by this Agreement in accordance
with the pians and specifications set forth in the Scope of Work and
applicable building codes, consistent under CA Contractors License
regulation. This limited warranty is in Neu of any other warranty
express or implied. IN NO EVENT SHALL RGC HAVE ANY
LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR
CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT,
INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT
LIMITED TO, LOSS OF PROFITS OR BUSINESS INTERRUPTION,
OR USE, BASED UPON PRINCIPLES OF CONTRACT,
WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER
TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF
INDEMNITY OR CONTRIBUTION, EVEN IF IT HAS BEEN
ADVISED OF THE POSSIBII.TTY OF SUCH DAMAGES,
INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED
BY EARTHQUAKE OR OTHER CATASTROPHIC DISASTER. THE
AGGREGATE LLo,BIL= OF RGC HERENDER FOR ANY CAUSE
OF ACTION OR CLAIM (WHETHER CINDER CONTRACT OR
TORT) SHALL BE LIMITED TO THE AMOUNTS PAYABLE TO
RGC HEREUNDER WITH RESPECT TO THE SERVICES THAT
ARE THE SUBJECT OF SUCH ACTION OR CLAIM. CUSTOMER
AGREES THAT THIS AGREEMENT, INCLUDING WITHOUT
LIMITATION THE CHARGES TO BE PAID BY CUSTOMER
HEREUNDER AND THE LIMITATIONS SET FORTH IN THIS
SECTION, REFLECTS THE ALLOCATION OF RISK
UNDERSTOOD AND AGREED UPON BY THE PARTIES.
12. Asbestus, Lead, Mold, and other Hazardous Materials. Customer
harreby represents that Customer has no knowledge of the existence on or
in any portion of the premises upon wbere the Work is to be performed
of any asbestos, lead paint, mold (including al€ types of microbial matter
or microbiological contamination, mildew or fungus), or other hazardous
materials. Testing for the existence of mold and other hazardous
materials shall only be performed as expressly shed in writing. ROC
shall not be testing or performing any work whatsoever in an area that is
not identified in the Scope of Work.
Unless the contract specifically calls for removal, disturbance, or
transportation of asbestos, polychlorinated biphenyl (PCB), mold, lead
paint, or other hazardous substances or materials, the parties
acknowledge that such Work requires special procedures, precautions,
and/or licenses. Therefore, unless the contract specifically calls for
same, if ROC encounters such substances, ROC shall immediately stop
Work and allow the Customer to obtain a duly qualified asbestos and/or
hazardous material contractor to perform the Work or RGC may perform
the Work at RGC's option. Said Work will be treated as an extra under
this Agreement and the Term setting forth the time for completion of the
project may be delayed.
In the event that mold or microbial contamination is removed by
RGC, Customer understands and agrees that due to the unpredictable
characteristics of mold and microbial contamination, RGC shall not be
responsible for any recurring incidents of mold or microbial
contamination appearing in the same or any adjacent location,
subsequent to the completion of the Work performed by RGC.
Customer also agrees that RGC shall not be responsible, and agrees to
hold RGC harmless and indemnify RGC, for the existence of mold or
microbial contamination in any area that RGC was not contracted to test
and/or remediate. Further Customer is hereby informed, and hereby
acknowledges, that most insurers expressly disclaim coverage for any
actual or alleged damages arising from mold or microbial contaatinatiom
RGC makes no representations whatsoever as to coverage for mold
contamination, though at Customer's additional expense if requested in
writing. ROC will inquire as to the availability of additional coverage
for such contamination or remediation, and if available, will obtain such
coverage if the additional premium is paid for by Customer as an extra.
13. Notices: Except as may be otherwise specifically provided in this
Agreement, all notices required or permitted hereunder shall be in
writing and shall be deemed to be delivered when deposited in the
United States Mail, postage prepaid, registered or certified mail, return
receipt requested, addressed to the parties at the respective addresses set
forth below are at such other addresses as may have been theretofore
specked by written notice delivered in accordance herawith.
14. ARBITRATION OF DISPUTES; ANY CONTROVERSY OR
CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT,
OR THE BREACH THEREOF, SHALL BE SETTLED BY BINDING
ARBITRATION IN ACCORDANCE WITH TETE CONSTRUCTION
INDUSTRY ARBITRATION RULES OF THE AMERICAN
ARBITRATION ASSOCIATION, AND JUDGEMENT UPON THE
AWARD RENDERED BY THE ARBrfRATOR(S) MAY BE
ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
CLAIMS WITHIN THE MONETARY LIMIT OF THE SMALL
CLAIMS COURT SHALT. BE LITIGATED IN SUCH COURT AT
THE REQUEST OF EITHER PARTY, SO LONG AS BOTH PARTIES
LIMIT THEIR RIGHT TO RECOVERY TO THE JURISDICTION OF
THE SMALL CLAIMS COURT.
ANY CLAIM FILED IN SMALL CLAIMS COURT SHALT.
NOT BE DEEMED TO BE A WAIVER OF THE RIGHT TO
ARBITRATE, AND IF A COUNTER CLAIM IN EXCESS OF THE
JURISDICTION OF THE SMALL CLAIMS COURT IS FILED IN
THE MUNICIPAL OR SUPERIOR COURT. THEN THE PARTY
FILING IN SMALL CLAIMS COURT MAY DEMAND
ARBITRATION PURSUANT TO THIS PARAGRAPH.
NOTICE: BY SIGNING IN THE SPACE BELOW YOU ARE
AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE
MATTERS INCLUDED IN THE `ARBITRATION OF DISPUTERS'
PROVISIONS DECIDED BY NEUTRAL ARBITRATION AS
PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP
ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE
LITIEGATED IN A COURT OR JURY TRIAL. BY SIGNING IN
THE SPACE BELOW YOU ARE GIVING UP JUDICIAL RIGHTS
TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE
SPECIFICALLY INCLUDED IN THE `ARBITRATION OF
DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO
ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU
MAY BE COMPELLED TO ARBITRATE UNDER THE
AUTHORITY OF THE BUSINESS AND PROFESSIONS CODE OR
OTHER APPLICABLE LAWS. YOUR AGREEMENT TO THIS
ARBITRATION PROVISION IS VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING
AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE
MATTERS INCLUDED IN THE 'ARBITRATION OD DISPUTES'
PROVISION TO NEUTRAL ARBITRARTiON.
I AGREE TO ARB ITRATIO .
Customerlsmgnatum Date
I AGREE TO ARBITRATION.—� () r1l O�- [_
ROC m ure ate
By signing below, the parties acknowledge that they have read the terms of this Agreement and hereby agree thereto:
Ranse Gale Cons ' n
By:
Title: Owner
Date: May d, 2021
. - ..�.
��
Date:
AppmW as to Pow
A&jn
KATM
❑. LUCCHESI
Deputy City Attomey
EXHIBIT A
SCOPE OF WORK
This Scope of Work is issued pursuant to that certain Construction Services Agreement dated as of May 6, 2021 by and
between RGC and Customer.
DESCRIPTION OF SERVICES: Total Construction Cost $226,700.00
Price includes:
3 Std BD -81
Standard Delivery's for a single section BD -81
"1" Standard Set Ups for a single section BD -81
"1" XI -2 foundaiton for a single section BD -81
"2" Framed wood step for "2" door on a BD -81
"1" Lap skirting for a single section BD -81
"1" Corian behind oven in a single section BD -81
"2" Exterior GFI on a BD -81
113" TV raceways on a BD -81
"2" Fan Preps for a BD -81
"1" Cleaning of interior on a BD -81
"1" A/C for a BD -81
"1" Tie into water alt supply lines are provided by Cily of Lodi
"1" Tie into sewer all supply lines are provided by Cily of Lodi
$58,600.00 Total x3 BD -81 homes = $175,800
ADA Home
"I" Standard Delivery's for a single section BD -81
"1" Standard Set Ups for a single section BD -81
"1" XI -2 foundaiton for a single section BD -81
"1" Lan skirting for a sin Ie section BD -81
"1" Corian behind oven in a single section BD -81
"2" Exterior GFI on a BD -81
"3" TV raceways on a BD -81
1',2" Fan Preps for a BD -81
"1" Cleaning of interior on a BD -81
1.61" A1C for a BD -81
"1" Tie into water all supply lines are provided by City of Lodi
"1" Tie into sewer all supply lines are provided by Qy of Lodi
------------
$45,900.00 "1" Ada home
Insurance
$5,000 Coarse of Construction Insurance
SERVICES LOCATION: 301 E. Lodi Ave. Lodi, CA 95240
PAYMENT: 10% to begin work
Pay for work upon completion of item
Balance due upon completion
IN WITNESS WHEREOF, the parties have caused this Scope of Work to be executed by their duly
Authorized Representatives.
Customer: _V/\W 0k l DW Ranse Gale Construction
By: By:
(Authorized Sig hature} {Authorized Signature}
Print Name: S-�Q kafl! UUAalL r Print Name: 1�
Title: Title:
Date: - 12-1 2,o z- Date:
�Aproved as to F
KATIE C. LUCCHESI
Y My Amy
RESOLUTION NO. 2021-204
A RESOLUTION OF THE LODI CITY COUNCIL TO RATIFY THE
AGREEMENTS BETWEEN THE CITY OF LODI AND ALL AMERICAN
MODULAR, OF HERALD, FOR DEVELOPMENT AND RANSE GALE
CONSTRUCTION, OF HERALD, FOR INSTALLATION OF THE FOUR
MODULAR UNITS FOR THE HARMONY HOMES PROJECT
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WHEREAS, the City of Lodi has been awarded a $1,250,000 Homeless Emergency Aid
Program (HEAP) grant from the San Joaquin Continuum Of Care (SJCoC); and
WHEREAS, on May 1, 2019, Lodi City Council entered into a Subrecipient Agreement
with SJCoC to accept such HEAP grant, which included a project description, budget, schedule,
and grant requirements; and
WHEREAS, consistent with the Subrecipient Agreement, the grant funds will be used for
the Harmony Homes project, which is for the development of four tiny -homes of permanent
supportive housing for homeless individuals and families or those at risk of homelessness; and
WHEREAS, the City of Lodi has been awarded a $2,017,590 Permanent Local Housing
Allocation ("PLHA") grant from the California Department of Housing and Community
Development ("HCD") to be distributed over a series of years; and
WHEREAS, the first annual allocation amount is $336,265; and
WHEREAS, per Amendment No. 1, the PLHA grant funds first-year allocation may be
used for the construction and development of the Harmony Homes project, which would create
four units of permanent supportive housing for homeless individuals and families or those at risk
of homelessness; and
WHEREAS, on December 31, 2020, the City completed a Purchase Agreement to
purchase real property at 301 East Lodi Avenue for the development of the Harmony Homes
Project; and
WHEREAS, staff received authorization for the City Manager to enter into a grant
agreement in a form acceptable to the City Attorney between the City of Lodi and All American
Modular for development of the four modular units for the Harmony Homes project in an amount
not to exceed $750,000 per Resolution No. 2021-90; and
WHEREAS, staff recommends ratifying the agreements between the City of Lodi and
All American Modular and Ranse Gale Construction for development and installation of the four
modular units for the Harmony Homes project in an amount not to exceed $750,000 per
Resolution No. 2021-90.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby ratify the
agreement between the City of Lodi and All American Modular, of Herald, California, for the
development ($483,000) and Ranse Gale Construction, of Herald, California, for the installation
($226,700) of the four modular units for the Harmony Homes projects in an amount not to
exceed $709,700; 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: July 21, 2020
I hereby certify that Resolution No. 2021-204 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held July 21, 2021, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Hothi, Khan, Kuehne, and
Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
F
JENNIFER SMIR
/ City Clerk
2021-204