HomeMy WebLinkAboutAgenda Report - June 7, 2023 C-19CITY OF
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COUNCIL COMMUNICATION
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to the Professional
Services Agreement with B&M Builder Inc. of Rancho Cordova, for Lodi Police Station HVAC
Replacement Project Phase 1 ($141,375)
MEETING DATE: June 7, 2023
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Amendment No. 1 to
the Professional Services Agreement with B&M Builders Inc. of Rancho
Cordova for Lodi Police Station HVAC Replacement Project Phase 1
($141,375).
BACKGROUND INFORMATION: The City Council has awarded the contract of the Lodi Police Station HVAC
Replacement Project to B&M Builder Inc. of Rancho Cordova in the amount
of $248,375 and authorized the City Manager to execute amendments to
the contract not -to -exceed $50,000 on December 21, 2022. The contract is
to replace Unit 2 which is one of the three HVAC units for the police building. The bid came in substantially less
than the $500,000 budgeted amount.
Staff requested the contractor to provide a quote to replace Unit 1 which is also due for replacement in the future
phases. The contractor provided a quote to replace Unit 1 at the cost of $141,375.00 which has been determined
to be a competitive price. If approved, the total cost of replacing Unit 1 and Unit 2 will still be under the original
budget of $500,000 for the HVAC replacement of Unit 2 only. Replacing Unit 1 and Unit 2 at this time, will result in
an increase in reliability and reduced maintenance costs.
Staff recommends Council authorize City Manager to execute Amendment No.1 to the Professional Services
Agreement with B&M Builders Inc. of Rancho Cordova, for Lodi Police Station HVAC Replacement Project Phase I
in the amount of $141,375. The City Manager will retain authority to execute amendments to the agreement not -
to -exceed $50,000 to cover project contingencies.
FISCAL IMPACT: This project will reduce the frequent and costly repair of the AC system.
FUNDING AVAILABLE: FY 2021/2022 CIP Budget
General Fund Capital (43199000.77020) $500,000
Andrew Keys
Andrew Keys
Deputy City Manager/Internal Services Director
CL4_Q
Charles E. Swimley, Jr.
Public Works Director
CES/LC/cd
cc: Public Works Management Analyst Police Chief
Facilities Superintendent B&M Builders Inc.
APPROVED: Steve Schwabauer
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\PROJECTS\MISC\Police Building\HVAC Replacement\Phase I\CC_ PSA_Amendment.doa 5/8/2023
AMENDMENT NO. 1
B&M BUILDERS, INC.
PROFESSIONAL SERVICES AGREEMENT
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is made and
entered this day of . 2023, by and between the CITY OF LODI, a municipal
corporation (hereinafter "CITY"), and B&M BUILDERS, INC., a California corporation (hereinafter
"CONTRACTOR").
WITNESSETH:
WHEREAS, CONTRACTOR and CITY entered into a Professional Services Agreement on
February 3, 2023 (the "Agreement"), as set forth in Exhibit 1, attached hereto and made part
of; and
2. WHEREAS, CITY requests to increase the fees by an amount not -to -exceed $141,375, for a
total not -to -exceed amount of $389,750 and amend the Scope of Services, as set forth in
Exhibit 2, attached hereto and made a part of; and
3. WHEREAS, CITY requested to extend the term of the Agreement through April 30, 2024; and
4. WHEREAS, CONTRACTOR agrees to said amendments.
NOW, THEREFORE, the parties agree to amend the Agreement as set forth above. All other
terms and conditions of the Agreement remain unchanged.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 1 on
the date and year first above written.
CITY OF LODI, a municipal corporation B&M BUILDERS, INC., a California corporation
hereinabove called "CITY" hereinabove called "CONTRACTOR"
STEPHEN SCHWABAUER
City Manager
Attest:
OLIVIA NASHED, City Clerk
Approved as to Form:
JANICE D. MAGDICH, City Attorney
Name: PATRICK MULLEN
Title: President
Exhibit 1
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on Fabruat 3 , 2023 by and between
the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and B&M BUILDERS,
INC., a California corporation (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 Lodi Police
Station HVAC Replacement Project Phase I (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
weather, vandalism, acts of God, etc_, shall not be counted. CONTRACTOR shall
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remain in contact with reviewing agencies and make all efforts to review and return all
comments.
Section 2.3 Meetinr�s
CONTRACTOR shall attend meetings as may be set forth in the Scope of
Services.
Section 2.4 Staffina
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 2.5 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 December 22, 2022 and terminates
upon the completion of the Scope of Services or on August 31, 2023, whichever occurs
first.
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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 Prevailing Waqe
The Contractor agrees to conform to the provisions of Chapter 1, Part 7, Division
2 of the Labor Code. The Contractor and any Subcontractor will pay the general
prevailing wage rate and other employer payments for health and welfare, pension,
vacation, travel time, and subsistence pay, apprenticeship or other training programs.
The responsibility for compliance with these Labor Code requirements is on the prime
contractor.
Section 3.3 Contractor Registration -- Labor Code 41725.5
No contractor or subcontractor may be awarded a contract for public work on a
public works project (awarded on or after April 1, 2015) unless registered with the
Department of Industrial Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the
Department of Industrial Relations.
Section 3.4 Contract Bonds
CONTRACTOR shall furnish two good and sufficient bonds:
1. A faithful performance bond in the amount of one hundred percent
(100%) of the contract price; and
2. A labor and materials bond in the amount of one hundred percent (100%)
of the contract price.
These bonds will be required at the time the signed contract is returned to the
City.
Section 3.5 AB 626Public Contract Code Section 9204 — Public Works Pro'ect
Contract Dispute Resolution Procedure
Section 9204 of the California Public Contract Code (the "Code") provides a
claim resolution process for "Public Works Project" contracts, as defined, which is
hereby incorporated by this reference, and summarized in the following:
Definitions:
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"Claim" means a separate demand by a contractor sent by registered mail or certified
mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or
penalties for delay assessed by the City under a contract for a Public Works Project.
(B) Payment of money or damages arising from work done by, or on behalf
of, a contractor pursuant to a contract for a Public Works Project and payment for which
is not otherwise expressly provided or to which a claimant is not otherwise entitled.
(C) Payment of an amount that is disputed by the City.
"Public Works Project" means the erection, construction, alteration, repair, or
improvement of any public structure, building, road, or other public improvement of any
kind.
Claim Resolution Process:
(1) All Claims must be properly submitted pursuant to the Code and include
reasonable documentation supporting the Claim. Upon receipt of a Claim, the City will
conduct a reasonable review, and within a period not to exceed 45 days, will provide the
claimant a written statement identifying the disputed and undisputed portions of the
Claim. The City and contractor may, by mutual agreement, extend the time periods in
which to review and respond to a Claim. If the City fails to issue a written statement,
paragraph (3) applies.
Any payment due on a portion of the Claim deemed not in dispute by the City will
be processed and made within 60 days after the City issues its written statement.
(2) If the claimant disputes the City's response, or if the City fails to respond
to a Claim within the time prescribed in the Code, the claimant may demand in writing,
by registered mail or certified mail, return receipt requested, an informal conference to
meet and confer for settlement of the issues in dispute, which will be conducted within
30 days of receipt.
If the Claim or any portion thereof remains in dispute after the meet and confer
conference, the City will provide the claimant a written statement, within 10 business
days, identifying the remaining disputed and undisputed portions of the Claim. Any
payment due on an undisputed portion of the Claim will be processed and made within
60 days after the City issues its written statement. Any disputed portion of the Claim, as
identified by the contractor in writing, shall be submitted to nonbinding mediation, as set
forth in the Code, unless mutually waived and agreed, in writing, to proceed directly to a
civil action or binding arbitration, as applicable.
(3) A Claim that is not responded to within the time requirements set forth in
the Code is deemed rejected in its entirety. A Claim that is denied by reason of such
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failure does not constitute an adverse finding with regard to the merits of the Claim or
the responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by the Code will bear
interest at 7 percent per annum.
(5) Subcontractors or lower tier subcontractors that lack legal standing or
privity of contract to assert a Claim directly against the City, may request in writing, on
their behalf or the behalf of a lower tier subcontractor, that the contractor present a
Claim to the City for work performed by the subcontractor or lower tier subcontractor.
The request shall be accompanied by reasonable documentation to support the Claim.
Within 45 days of receipt of such written request, the contractor shall notify the
subcontractor in writing as to whether the contractor presented the Claim to the City and,
if the original contractor did not present the Claim, provide the subcontractor with a
statement of the reasons for not having done so.
The Claim resolution procedures and timelines set forth in the Code are in
addition to any other change order, claim, and dispute resolution procedures and
requirements set forth in the City contract documents, to the extent that they are not in
conflict with the timeframes and procedures the Code_
Section 3.6 Method of Pa meet
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 3.7 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 3.8 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
5
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 indemnifications 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 attomey'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
6
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: Lyman Chang
To CONTRACTOR: B&M Builders, Inc.
11330 Sunrise Park Dr., Ste C
Rancho Cordova, CA 95742
Attn: Patrick Mullen
Section 4.9 Cooperation of CITY
CITY shall cooperate fully and in a timely manner in providing relevant
information it has at its disposal relevant to the Scope of Services.
7
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
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.
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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.
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.
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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:
OLIVIA NASHED
City Clerk
APPROVED AS TO FORM:
JANICE D. MAGDICH, City Attorney
CITY OF LODI, a municipal corporation
, 4 � - lmlf 1-5
-�re�
B&M BUILDERS, INC. a California
corporation
y, By:
Nai
Titl
PIATRICK MULLEN
President
Attachments:
Exhibit A — Scope of Services
Exhibit B — Fee Proposal
Exhibit C — Insurance Requirements
Exhibit D — Federal Transit Funding Conditions (if applicable)
Funding Source: 431990+70.77020
(Business Unit & Account No.)
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CA: Rev.02.2017
10
Exhibit A18
Lodi Police Station HVAC Replacement Pro'ect Phase I Proposal Foran
Sealed proposal must be received by Public Works Department before 5:00 pm
November 17, 2022
• Pricing proposal shall be the not to Exceed fee to be charged for the proposed services,
hardware and software, labor, freight, permits, overhead, and taxes.
- Proposal must be signed.
Description
Removal of existing HVAC unit; Furnish and
l7�
Lump Sum $
install a brand-new HVAC (VFD) unit per the
RFP; Startup and Training; Site Clean u
HVAC Information including manufacturer
and model number and other unique
features. Attach Product literature to the
proposal.
Warranty Period
Workmanship Months
HVAC Unit l i_ Months
Other Installed Equipment N Months
Estimated Project Completion time including
7-%C) Days
equipment procurement and installation
Per Senate Bill 854, contractors and listed subcontractors must be registered with the
Department of Industrial Relations (DIR) prior to submitting bids to any public work
contracts. Failure to comply will make bids non{esponsive. No contractor or
subcontractor may be awarded a contract for public work on a public works project
unless registered with DIR pursuant to Labor Code Section 1725.5.
The following information is furnished relative to each subcontractor who will perform work or
labor or render services to the undersigned in and about the construction of the project in an
amount in excess of one-half of one percent of the total amount of this bid or, on a street,
highway or bridge project, work in excess of one-half of one percent or $10,000, whichever is
greater. The undersigned agrees that any portions of the work in excess of the specified
amounts shown above and for which no subcontractor is designated herein, will be performed
by the undersigned.
LISTED SUBCONTRACTORS (All Fields Required)
Subcontractor's Name: License Number: Description of Work_
LAH Myto I1o93 Cun �s
Address: Z530 %-,bWrenW- ❑IR Re istratian IVumher:
QDW,ni IL1% qM 11 -4 %0=0455VI
Subcontractor's Name: License Number: Desaip tion of Work:
Address: DIR Registration Number:
Subcontractor's Name: License Number Desai tion of Work:
Address: DIR Re istration Number:
REFERENCES
All proposers must provide with proposal at least three (3) commercial references for work
performed by your firm within the last three years if you have not recently provided HVAC
service or installation work for the City of Lodi.
Company Name: "alf,l or►��YV[�r►bn
Contact Person: Y'
Email Address: GOM
Telephone Number: 2oa - 5a1DO GA -AAAA
Type of Business: -+p AOW CQnA-r j a,rs
Date of Installation:
Contract Value: $1,t s%Asn . oa
Company Name:
Contact Person:
Email Address:
Telephone Number:
Type of Business:
Date of Installation:
Contract Value:
'
+.
,,. . •�.
Company Name: 1 iv,n S. O�S�1r•►t�F'
Contact Person: am "b
Email Address: ma -4 .
Telephone Number:
Type of Business: 8&—M) M mpAt
Date of Installation: q 1$ 1 waz
Contract Value: ttk . CM
The City may contact some or all of the references provided in order to determine the
Proposers' performance record on services similar to that described in this proposal. The City
reserves the right to contact references other than those provided in the response and to use
the information gained from them in the award process.
The Undersigned is licensed in accordance with the laws of the State of California:
License No. Classification .GAS,C%0, G%2.,rC,2,0,
CL'1, C31, CS'i
License Expiration Date -1 1
Federal Contractor/Employer I.D. No. fl0000 32"1'1
X
& rLDated: Nov ll+h,20 2Znature
Title
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TYPE OF ORGANIZATION
Individual, Partnership or Corporation
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Address
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Telephone
(Affx corporate seal if Corporation)
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Email Address
CITY OF LODI
PUBLIC WORKS DEPARTMENT
RECEIPT OF ADDENDUM 1
PROJECT: LODI POLICE STATION HVAC REPLACEMENT PROJECT PHASE 1
Received from the City of Lodi ADDENDUM NO. 1 to the specifications for the above
referenced project
Date: ll t"1 2bz BY
NOTE: This acknowledgment must be submitted with the Bid Proposal.
1012 O22
AddendunlRcptdoc
CITY OF LODI
PUBLIC WORKS DEPARTMENT
RECEIPT OF ADDENDUM 2
PROJECT: LODI POLICE STATION HVAC REPLACEMENT PROJECT PHASE 1
Received from the City of Lodi ADDENDUM NO. 2 to the specifications for the above
referenced project.
Date: 1_ 11 2022 By 1P&1yiLV- NAmIkean
: yr- 'X PE�-
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NOTE: This acknowledgment must be submitted with the Bid Proposal-
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1.00 Number
4.0 Number
6"arow Fan ]IFF! COLM!
0.00 Number
Condenser Fan SIza
30.000 In
Condenses Fan HIP . (each)
IMO hp
Heating Section
Function
Coofing I Hot Water Heel
Output HoatIng CaParft (MOM
401.36 MBh'
TIM a Papeft
Low Heat .75" Valve
output Hwdfn 9 Capacity W" Fan
445.79 MBh
IMBh)
Heating EAT
70.00 F
RI!1*19 W
95.61 F
HasiOM 0!41te T
25.61 F
Page I of 12
202211 1114 14,37:46
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QuetttltyflSilw-*!
3-124409
4uAntialiSize -2
3-12x24x2
Faee Area [sq Rj.. —
42.00 sq 8
Coil (DX) Section
344 t1/min
3.61 bhp
,&poling
CL AI
`_. �. _�.. C6o1"atgperfornwee
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4.00 Number
Lsarlr Gqq a� Bulb .
50.09 F
Fate Arca -- -
98.00 sq A
Laavkr� Cdl MIaF &e
49.69 F
&*as Taira &Paetly
619.43 MBh
i - — —
- lr,yuts[iraerrSenelble
Capacity
504.60 MBh
429
14460 drn
Crass Labral Capacity
13.83 MBh
BuEh
82.30 F
Ne!------
iladlj!
471.01 MBh
1Net 9utb
82.80 F
N4i Seraible CM"dty
457.17 MBh
Dulled lydd (Return)
84 dB
'Hat Sensible HHd:Ratlp.
97.08 %
supply
• - �— -
20 HP FC--
Psliwmanra�
Outdoor Noise
Sup�+y Fan Cpurat _ _
2.00 Number
p! sgg + Airflow_ — - - - - _ _ ..
14450 cam
Btrpp4l1�lolnT Corina _
1.00 Number
_may et�SWdt Rlputs�Y
1.500 in H2O
4arml
1.00 Number
Toad l tatle Piessurs _
31119 In H2O
:Shag Grougding Ring T
-
StandardTctal
Si�P�j BHA
17.W bhp
—_
Su�tpy Fan Eftlefeney C_sr_ad_a
0.00 pk8rrher
Soppy Fan,i tqr Hist
47.43 MBh
tiaSelBeelion _ _
--
QuetttltyflSilw-*!
3-124409
4uAntialiSize -2
3-12x24x2
Faee Area [sq Rj.. —
42.00 sq 8
Face Ile[oolgq otin.w)
344 t1/min
tiaSelBeelion _ _
Outelde Air Section _
Otri:ide Afr Cenerai -
— f 0-100% Economizer
Ecanoinfierrtl�rtions
Damper Type
AmbWd C,aptM;
AmbientCeol
FTM�1�:f pldtt�il �-
Fresh_Alr Selecdon
tiaSelBeelion _ _
Fim Me!- - - �
100% Exhinist - 5 HP w/Stelmac
Rahxn Dos! $taHC Pnrsaura
1.000 In H2O
Rn�.sP,ead.
836 rpm
R411BtIRelursr mew
11220 dm
Relk4lItad r Bralk tWrsepVWW
3.61 bhp
§jkjWRaturn Fan RPM 6* Tm
jyr , 100% Exhaust - 5 HP w1SC UIM
Ralhef/Return Fan Drive liPhI 600 RPM
$uPpfy Duo!
1.500 in H2O
Rahim Duct
1.000 in H2O
Total Bta11e Pressure
3.919 in H2O
Acoustics
—1"
1K � K
429
250
500
Ducal Dlselmr9e (Supply)
94 dB
82 dB
81 dB
79 dB
73 dB 70 dB 64 dB
57 dB
Dulled lydd (Return)
84 dB
78 dB
72 dB
70 dB
66 dB 53 dB 60 dB
61 dB
Outdoor Noise
105 dB
101 dB
96 dB
93 dB
9D dB B7 dB 83 dB
76 dB
Supply/Return Duct Prediction data conform to ARI 260
Outdoor Noise prediction conforms to ARI 370.
Page 2 of 12
2022/11114 14 37:46
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22.99 R
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0.00 Number 61p!fuien hfodule
Band tfi6a _ _ 78800
RASINd Wdluft - - _— ' Trane BACRut Cammuelratlon
Packaed Rooftop units aaogng. healing capacities and etfidencies are rated within Bre scope of the Air-Ccndit{on" Heeling & Refrigeration InsHWte
(AH RIf Certlticatlon Program and display the AHRi Certified® mark as a visual confirmation of confornwslce to the cell ficaGm sections of AHRI
Standard 344360 (1•P) and ANS IZ21.47 and 10 CFR Part 431 pertaining to Commerciat Warm Air Fumaees. Certified units may be found in the AHRI
directory st www.ando Ireclory.org
Page 3 or 12
2 0 2 211 111a 14:37:46
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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 Re uiremen far Construction Contracts
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 $2,000,000 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.
4. Builder's Risk (Course of Construction) insurance utilizing an "All Risk" (Special Perils) coverage form, with limits equal to the
completed value of the project and no coinsurance penalty provisions.
5. Professional Liability (if Design/Build), with limits no less than $2,000,000 per occurrence or claim.
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 65 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-Conifibvtory Insurance Endorsemen
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 Subro4alion 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 thero oiect
that it is insuring.
(d) Severability of Interest Clacse
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.
Page 11 of 2 pages= _._–'— - � �- __ .,,.--=z�-_.........--_ -� = • _.r,.._.._ - �.:.-.-.z– ..Risk: rev. 3/1/2016.,
(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.
(f) Continuity of Covera e
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 fumish 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 annuat
basis during the Term. If Contractor's insurance lapses c 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 temrination of coverage which is at teast consistent with the claims period or
statutes of limitations found in the Califomia Fort Claims Act (Califomia 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 Covera e
Consultant shall fumish 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. Ail 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 gay 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.
(j) 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 underthe 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) Builder's Risk Course of Construction Insurance
Contractor may submit evidence of Builder's Risk insurance in the form of Course of Construction coverage. Such coverage shall
name the City as a loss payee as their interest may appear.
If the project does not involve new or major reconstruction, at the option of the City. an Installation Floater may be acceptable. For
such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration.
conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater
shall provide property damage coverage for any building, structure. machinery or equipment damaged, impaired, broken, or
destroyed during the performance of the Work, including during transit, installation, and testing at the City's site.
(1) 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
(m) 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� of2 pages Risk: rev. 3/1/2018
Exhibit 2
BUILDERS
Mechanical Proposal
Date: 4/5/23
TO: Facilities
ATTN: Arnel Clegg
RE: Lodi Police Department Unit #1 Replacement
Prevailing Wages Applied:
Addendums Acknowledged: None
B&M Builders, Inc. is pleased to provide this proposal for the replacement of Unit #1.
Provide & Furnish the following:
• Disconnect/ reconnect electrical, condensate and controls
• Remove and dispose of existing Unit #1 York Y12AQ24N
• Install Curb Adapter
• Provide and install new Trane 24 Ton SLHMF554B with cooling/hot water heat current 30 week lead time
• Start up
• 1 year warranty
Clarifications, Assumptions, and Exclusions:
1. Pricing is based on our work being performed during normal B&M Builders, Inc. business hours.
2. We assume free and clear access to devices and equipment to be provided.
3. No door louvers included or labor to install louvers.
4. No flashing or coping.
5. No special permits, or special insurance is included.
6. Excludes all electrical services, safety switches, disconnects, Smoke Detectors, demo and or hook up, other than low
voltage connections between thermostats and units.
7. All concrete coring, penetrations to ceiling or walls to be cut, opened, and sealed by others.
8. No roofing, covering, or patching of existing equipment or holes, unless a clear scope for Change Order to scope and
price is issued and accepted.
9. No patch or paint.
10. No Asbestos work.
11. No welding with a generator.
12. No HERS testing.
13. Drain piping to be completed by others.
14. Standard O&M (1 pkg) and Air Balance Report (1 pkg) to be submitted at end of job.
15. This proposal is based on the Metal and Metal Products Price Index (MMPI). This index can be tracked
at stats.bls.gov/ppi/home.htm. Due to the rapidly fluctuating price of metal and metal products, B&M
11330 Sunrise Park Drive, Suite C, Rancho Cordova, Ca. 95742 1 Ca. Lic. 861848
Phone: 916.638.8626 . www.bm-builders,com
b1n
BUILDERS
Mechanical Proposal
Builders, Inc. reserves the right to escalate/reduce the investment figures quoted herein should the MMPI
have increased more than 3% from the date of this quote to the time of acceptance of this proposal.
16. Due to rapidly changing refrigerant laws, pricing and availability, B&M Builders, Inc. reserves the right to
adjust the scope and investment figures contained herein should the refrigerants quoted herein become
unavailable, restricted, or illegal, and/or should the cost to company increase more than 3% above the
cost upon which this proposal is based.
Pricefor all......................................................................................................$ 141,375.00
/S/ B&M Builders HVAC Estimating Team
Thank you for considering B&M Builders, Inc. for this project, should you have any questions please feel free to contact us.
(916) 638-8626
This proposal includes the following Terms and Conditions: TERMS: Equipment sale only (30 days net), Equipment sale including
installation and or supervision (90% 30 days from date of shipment/invoice date, balance 30 days after final inspection). This quotation,
when signed by the purchaser or his representative, implies an acceptance of the above terms and conditions and becomes a contract in
full force and effect. Cancellation of all or part of this order is not permissible after work has been started. All quotations are for prompt
acceptance and are subject to change without notice after 30 days. This company will not be bound by any agreement not herein
specified. NOTE: If either party becomes involved in litigation arising out of this contract or the performance thereof, the court in such
litigation, or in a separate suit, shall award reasonable costs and expenses, including attorneys' fees, to the party justly entitled thereto.
In awarding attorneys' fees, the court will not be bound by any court fee schedule but shall if it is in the interest of justice to do so, award
the full amount of costs, expenses, and attorney fees paid or incurred in good faith.
This proposal, and any exhibits and attachments hereto, (collectively, this "Proposal'I and any information contained herein, is the
property of B&M Builders, Inc. and shall constitute proprietary and confidential information. The party to whom this Proposal is addressed
(the "Receiving Party's acknowledges the confidential nature of this Proposal and agrees to take all necessary precautions to ensure the
confidential treatment of this Proposal and all information contained herein. This Proposal is intended solely for the employees,
representatives, and agents of the Receiving Party (the "Receiving Party Representatives'l; provided, however, that this Proposal is only
to be disclosed to those Receiving Party Representatives on a "need -to -know" basis. Except for the Receiving Party Representatives, this
Proposal will not be used, copied, reproduced, disclosed or otherwise made available, directly or indirectly, to any other person, firm,
corporation, governmental unit, association or entity, for any purpose whatsoever, without the prior written consent of B&M Builders, Inc.
This propasai is hereby accented: Billing Address:
Name Printed
Signature
Company
Street
Purchase Order Number State, Zip Code
11330 Sunrise Park Drive, Suite C, Rancho Cordova, Ca. 95742 1 Ca. Lic. 861848
Phone: 916.638.8626 • www.bm-builders.com
RESOLUTION NO. 2023-115
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH B&M BUILDER, INC.,
OF RANCHO CORDOVA, FOR LODI POLICE STATION
HVAC REPLACEMENT PROJECT PHASE I
WHEREAS, on December 21, 2022, the City Council awarded the contract for the Lodi
Police Station HVAC Replacement Project to B&M Builder, Inc., of Rancho Cordova, in the
amount of $248,375, and authorized the City Manager to execute amendments to the contract
in an amount not to exceed $50,000; and
WHEREAS, staff requested the contractor to provide a quote to replace Unit 1 which is
also due for replacement in the future phases; and
WHEREAS, the contractor provided a quote to replace Unit 1 at the cost of $141,375,
which has been determined to be a competitive price; and
WHEREAS, staff recommends authorizing the City Manager to execute Amendment
No.1 to the Professional Services Agreement with B&M Builders, Inc., of Rancho Cordova, for
Lodi Police Station HVAC Replacement Project Phase I in the amount of $141,375.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute Amendment No. 1 to the Professional Services
Agreement with B&M Builders, Inc., of Rancho Cordova, California, for Lodi Police Station
HVAC Replacement Project Phase I in the amount of $141,375. The City Manager will retain
the authority to execute amendments to the agreement in an amount not to exceed $50,000 to
cover project contingencies; 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: June 7, 2023
I hereby certify that Resolution No. 2023-115 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held June 7, 2023 by the following votes:
AYES: COUNCIL MEMBERS — Bregman, Craig, Nakanishi, Yepez, and
Mayor Hothi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
OLIVIA NASHED
City Clerk
2023-115