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SR 02-28-2023 5A City Council Report City Council Meeting: February 28, 2023 Agenda Item: 5.A 1 of 5 To: Mayor and City Council From: Rick Valte, Public Works Director, Public Works, Facilities Maintenance Subject: Award Agreement for City Wide Plumbing Contractor Services Recommended Action Staff recommends that the City Council: 1. Award Bid #4433 to Plumbing by Todd R. Marsh, Inc. dba TRM Services and Verne’s Plumbing, for citywide as-needed plumbing contracting services as required by the Public Works Department. 2. Authorize the City Manager to negotiate and execute an agreement with TRM Services, in an amount not to exceed $900,000 for two years, with one additional three-year renewal option in the amount of $1,350,000 for a total amount not to exceed $2,250,000 over a 5-year period with future year funding contingent on Council budget approval. 3. Authorize the City Manager to negotiate and execute an agreement with Verne’s Plumbing, in an amount not to exceed $500,000 for two years, with one additional three-year renewal option in the amount of $750,000 for a total amount not to exceed $1,250,000 over a 5-year period with future year funding contingent on Council budget approval. 4. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities), of the California Environmental Quality Act (CEQA) Guidelines. Summary The City utilizes plumbing contractor services to perform work that requires specialized equipment, contractor licensing and technical expertise that cannot be provided by City staff. Staff solicits the services of a plumbing contractor approximately 85 times per year to ensure effective and efficient maintenance of the City’s infrastructure. These contracted services range from jobs that require immediate attention due to safety concerns to large-scale repairs that require specific State Contractor Licenses and 5.A Packet Pg. 14 2 of 5 equipment certifications. Staff recommends a split award for the two best bidders: Plumbing by Todd Marsh, Inc. dba TRM Services and Verne’s Plumbing. Discussion The City employs three permanent in-house plumbers, including one plumber crew leader, to provide various plumbing services citywide. Typical services provided by City staff include repairing drain line stoppages and fixtures, replacing water filters, installing water heaters, and performing tenant improvement projects. Staff solicits the services of a plumbing contractor to assist with the overall maintenance of City-owned facilities. These services are needed for urgent repairs to the City’s ailing infrastructure such as the Pier and beach restrooms as well as large-scale jobs that require the excavation of water and sewer lines or installation of new fixtures such as drinking fountains, sinks and toilets. The City has historically contracted out plumbing contracting services. The “Contract and As-Needed Staffing Review Policy, Practice, Recommendations” report (Attachment A) approved on January 13, 2015, recommended that general contracting services be contracted due to equipment requirements, specialized expertise, and risk management. Additionally, to expedite responsiveness to requests for such services, staff recommends a split award to two contractors. The need for contracted plumbing services is continual thus staff seeks to execute agreements to address: 1) small-scale, urgent, and after-hour plumbing contractor repair services, 2) plumbing contractor repair services that require specialized licensing and equipment, and 3) large-scale projects that are often long-term. The requested not to exceed amounts account for increases in the City’s demand for as-needed plumbing contractor services, prevailing wage rates, material costs and fuel and equipment surcharges. Vendor Selection Bidder Recommendation Best Bidders Plumbing by Todd Marsh, Inc. dba TRM Services Verne’s Plumbing Evaluation Criteria Bid evaluated on general plumbing and construction experience, pricing, renewal options and requested increases. Municipal Code SMMC 2.24.180   5.A Packet Pg. 15 3 of 5 Bid Data Date Posted Posted On Advertised in (City Charter & SMMC) Vendors Downloaded Date Publicly Opened 09/13/2022 City’s Online Bidding Site Santa Monica Daily Press 15 10/11/2022 Best Bidder Justification Bids were evaluated based on the criteria in SMMC 2.24.180 including municipal plumbing construction experience, pricing, renewal options and requested increases. Staff determined that Todd Marsh, Inc. dba TRM Services and Verne’s Plumbing are the best bidders based on the following criteria: 1) general plumbing and construction municipal experience, 2) pricing and 3) renewal options and requested increases. Additionally, staff assessed ability, capacity, and skill by evaluating various California State Contractors licenses each firm possessed. Environmental Assessment The awards for plumbing contractor services are categorically exempt from the California Environmental Quality Act (CEQA) under Section 15301. Section 15301 of the CEQA State Guidelines provides Class 1 (existing facilities) exemption for projects that consists of the operation, repair, maintenance, leasing, licensing, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of the existing or former use. The awards for the plumbing contractor services would not result in any modifications to existing facilities. The existing facilities would be maintained and repaired with the plumbing contractor services and the award of services would not expand or materially change existing facilities or operations. Therefore, the project is categorically exempt as set forth in Section 15301 of the CEQA State Guidelines. Submittals Received Vendor Hourly Rate Overtime Rate Horn’s Backflow and Plumbing Service, Inc. $250.00 $450.00 Plumbing by Todd R. Marsh, Inc. dba TRM Services $92.00 $120.00 Suttles Plumbing and Mechanical Corp. $157.00 $235.00 Verne’s Plumbing $125.00 $250.00 5.A Packet Pg. 16 4 of 5 Past Council Actions Meeting Date Description 01/13/15 (Attachment A) Staff Report – As-Needed and Contract Staffing Review Report 09/12/17 (Attachment B) Staff Report – City Council authorization to award Bid #4281 to Plumbing by Todd Marsh, Inc. dba TRM Services and Horn’s Backflow and Plumbing Services, Inc. and negotiate and execute Contract 10531 and 10532 for plumbing contractor services 02/13/2018 (Attachment E) Staff Report – City Council authorization to negotiate and execute a first modification to Contract 10531 with Plumbing by Todd R. Marsh, Inc. dba TRM Services. Financial Impacts and Budget Actions Staff seeks authority to approve available funding from various General Fund, Enterprise Funds and CIP accounts to award agreements with Plumbing by Todd R. Marsh, Inc. dba TRM Services and Verne’s Plumbing for citywide plumbing contractor services. Future year funding is contingent on Council budget approval. Contract Request Vendor FY 2022-23 Request Amount Future Years Amounts Department/ CIP Accounts # Total Contract Amount Todd R. Marsh, Inc. dba TRM Services $100,000  $2,150,000 Various Accounts   $2,250,000 Verne’s Plumbing $50,000 $1,200,000 Various Accounts  $1,250,000 Prepared By: Kyla Johnson, Senior Administrative Analyst Approved Forwarded to Council 5.A Packet Pg. 17 5 of 5 Attachments: A. Staff Report_January 13, 2015 B. Staff Report_September 12, 2017 C. Staff Report_February 13, 2018 D. TRM_Contract 10531 E. TRM_Contract 10531 - Mod 1 F. Horn's Backflow_Contract 10532 G. Horn's Backflow_Contract 10532 - Mod 1 H. TRM OAKS I. Verne's OAKS 5.A Packet Pg. 18 5.A.a Packet Pg. 19 Attachment: Staff Report_January 13, 2015 (5057 : Award Agreement for City Wide Plumbing Contractor Services) 5.A.a Packet Pg. 20 Attachment: Staff Report_January 13, 2015 (5057 : Award Agreement for City Wide Plumbing Contractor Services) 5.A.a Packet Pg. 21 Attachment: Staff Report_January 13, 2015 (5057 : Award Agreement for City Wide Plumbing Contractor Services) 5.A.a Packet Pg. 22 Attachment: Staff Report_January 13, 2015 (5057 : Award Agreement for City Wide Plumbing Contractor Services) 5.A.a Packet Pg. 23 Attachment: Staff Report_January 13, 2015 (5057 : Award Agreement for City Wide Plumbing Contractor Services) 5.A.a Packet Pg. 24 Attachment: Staff Report_January 13, 2015 (5057 : Award Agreement for City Wide Plumbing Contractor Services) 5.A.b Packet Pg. 25 Attachment: Staff Report_September 12, 2017 (5057 : Award Agreement for City Wide Plumbing Contractor Services) 5.A.bPacket Pg. 26Attachment: Staff Report_September 12, 2017 (5057 : Award Agreement for City Wide Plumbing Contractor Services) 5.A.b Packet Pg. 27 Attachment: Staff Report_September 12, 2017 (5057 : Award Agreement for City Wide Plumbing Contractor Services) 5.A.bPacket Pg. 28Attachment: Staff Report_September 12, 2017 (5057 : Award Agreement for City Wide Plumbing Contractor Services) City Council Report City Council Meeting: February 13, 2018 Agenda Item: 3.H 1 of 5 To: Mayor and City Council From: Susan Cline, Director, Public Works, Architecture Services Subject: Construction Change Order for the Santa Monica Swim Center Locker Room Tile Replacement Project Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to negotiate and execute a first modification to construction contract #4418 in the amount of $50,000 with STB Stone, Inc., a California-based company, for additional construction services for the Santa Monica Swim Center Locker Room Tile Replacement Project. This will result in an amended contract with a new total amount not to exceed $207,300. 2. Authorize the City Manager to negotiate and execute a first modification to agreement #10531 (CCS) in the amount of $107,845 with Plumbing by Todd R. Marsh, Inc., a California-based company, for additional plumbing contractor services for the Santa Monica Swim Center Locker Room Tile Replacement Project. This will result in an amended contract with an amount not to exceed $307,845 for one year, with two additional two-year renewal options in the amount of $840,808 including an increase of 2% each year, for a total amount not to exceed $1,148,653, over a five-year period, with future year funding contingent on Council budget approval. Executive Summary On December 20, 2017, STB Stone, Inc. began demolition of the existing tile and associated drywall substrate in the locker rooms at the Santa Monica Swim Center as part of the Santa Monica Swim Center Locker Room Tile Replacement Project. During construction, the contractor discovered extensive corrosion and deterioration of the existing metal stud framing throughout both the male and female locker rooms. The damage was so severe that the existing metal stud framing members were no longer attached to the floor. Moreover, during the demolition of the wall that separates the men’s and women’s locker rooms the contractor discovered that the plumbing drains, vent systems and water lines were compromised. Repair of these severe structural and plumbing issues were not part of the original scope of the Santa Monica Swim Center 5.A.c Packet Pg. 29 Attachment: Staff Report_February 13, 2018 (5057 : Award Agreement for City Wide Plumbing Contractor Services) 2 of 5 Locker Room Tile Replacement Project; however, it was critical that it be completed immediately. Due to the urgent nature of the repairs and to avoid extensive delays to the public programming that occurs at the Swim Center or to use by Santa Monica College, staff directed the contractor to proceed with the urgent repairs and is now seeking formal Council approval. Staff requests Council authorization to execute first modifications to: construction contract #4418 in the amount of $50,000 with STB Stone, Inc. to repair the locker room framing and first modification to agreement #10531 in the amount of $107,845 with Plumbing by Todd Marsh to repair the locker room plumbing. The City anticipates reopening the Swim Center to the public and resuming regularly scheduled programming in February 2018. Background On December 14, 2017, the City Manager executed construction contract no. 4418 with STB Stone, Inc. in an amount not to exceed $157,300 (includes 10% contingency and $5,800 allowance for unforeseen conditions) for the Santa Monica Swim Center Locker Room Tile Replacement Project. The contracted scope of services is for construction services for the removal and replacement of the existing tile and drywall substrate in the locker rooms at the Santa Monica Swim Center located on the campus of Santa Monica College. This project is being completed as part of the annual facility renewal that occurs during the closure of the Swim Center at the end of each year. The project was bid formally, but because the selected best bidder was below the Council threshold of $175,000, Council approval was not required to initiate the project. As the unforeseen structural issues are so extensive, the cost of repairs will result in a modified contract amount which will require Council approval. On September 12, 2017, (Attachment C), Council authorized the City Manager to execute an agreement with Plumbing by Todd R. Marsh, Inc., for citywide plumbing contractor services, in an amount not to exceed $200,000 for the first year and a total contract amount not to exceed $1,040,808 over a five-year period. Due to unforeseen plumbing repair costs, a first modification to the first-year contract amount is also needed. 5.A.c Packet Pg. 30 Attachment: Staff Report_February 13, 2018 (5057 : Award Agreement for City Wide Plumbing Contractor Services) 3 of 5 Discussion In December 2017, STB Stone, Inc. began demolition of the existing tile and associated drywall substrate in the locker rooms at the Santa Monica Swim Center. It became evident that the condition of the existing metal stud framing and plumbing would not be able to accommodate the reinstallation of new drywall and tile due to extensive rust, corrosion, and deterioration that was uncovered. The Santa Monica Swim Center Tile Replacement Project was originally planned to be completed in 30 calendar days, in order to not produce adverse impacts or extensive delays to the public programming that occurs at the Swim Center or to facility use by Santa Monica College. City staff determined that immediate repairs to the framing and plumbing were required to complete all construction work in a timely manner. Staff directed the contractor to proceed with the urgent repairs and is now seeking formal Council approval. Staff recommends:  A first modification to construction contract #4418 in the amount of $50,000 with STB Stone Inc. to add framing repair to the original scope of work at the Santa Monica Swim Center, which will extend the structural life of the locker rooms for up to 15 years. This will result in an amended construction contract total amount not to exceed $207,300.  A first modification to agreement #10531 (CCS) in the amount of $107,845 with Plumbing by Todd R. Marsh, Inc. for the plumbing repairs of drains, vent systems and water lines at the Santa Monica Swim Center locker rooms. This will result in an amended agreement total amount not to exceed $1,148,653. Vendor Selection 5.A.c Packet Pg. 31 Attachment: Staff Report_February 13, 2018 (5057 : Award Agreement for City Wide Plumbing Contractor Services) 4 of 5 On October 11, 2017, the City published Notices Inviting Bids to furnish construction services for a tile replacement project at the Santa Monica Swim Center in accordance with City specifications. The bid was posted on the City’s on-line bidding site, and notices were advertised in the Santa Monica Daily Press in accordance with City Charter and Municipal Code Section 2.24071(a) provisions. Twenty-three vendors downloaded the bid. Two bids were received and publicly opened on October 30, 2017. Vendor Bid Amount STB Stone, Inc. $137,200 P & P Develop, Inc. $177,956 Bids were evaluated based on criteria in SMMC 2.24.072, including price, previous experience, ability to deliver, quality of product, and compliance with City specifications. The bid submitted by STB Stone, Inc. demonstrated an understanding of the approach, tasks, and methodology necessary to complete the required services. Based on these criteria, STB Stone, Inc., the lowest bidder, was recommended as the best bidder. On May 9, 2017, the City published Notices Inviting Bids for citywide plumbing contractor services that included multi-year renewal options in accordance with City specifications. The bid was posted on the City's on-line bidding site, and notices were advertised in the Santa Monica Daily Press in accordance with City Charter and Municipal Code Section 2.24.100(a). A total of 20 vendors downloaded the bid. Four bids were received and publicly opened on May 25, 2017, per Attachment D. Bids were evaluated based on the criteria in SMMC 2.24.072, including price, previous experience, ability to deliver, quality of product, and compliance with City specifications. Todd R. Marsh Inc. was not the lowest bidder when considering the hourly labor rates, but offered competitive pricing, the fastest guaranteed response time and the second lowest pricing for renewal options. Moreover, Todd R. Marsh, Inc. has provided the City with responsive and satisfactory service. Amgreen Solutions offered the lowest hourly labor rate, but its pricing is significantly lower than the established Prevailing Wage rates required by state law, demonstrating non-compliance and thus its bid was inadmissible. 5.A.c Packet Pg. 32 Attachment: Staff Report_February 13, 2018 (5057 : Award Agreement for City Wide Plumbing Contractor Services) 5 of 5 Construction Schedule Staff originally anticipated construction at the Santa Monica Swim Center to be completed in early February 2018. However due to the unforeseen structural issues, staff now anticipates construction to be completed in late February 2018. Financial Impacts & Budget Actions The first modification to be awarded to STB Stone, Inc. is $50,000, for an amended construction contract total amount not to exceed $207,300. Funds are available in FY 2017-2018 Capital Improvement Program budget in account M014078.589000. The first modification to be awarded to Plumbing by Todd R. Marsh Inc. for an amended agreement not to exceed $307,845 for one year, for a total amount not to exceed $1,148,653 over a five-year period. Funds are available in FY 2017-18 Capital Improvement Program budget in account M010085.589000. Prepared By: Sebastian Felbeck, Public Works Construction Specialist Approved Forwarded to Council Attachments: A. STB Stone Inc - Oaks Initiative Form B. Todd R Marsh Oaks Form C. Staff Report 9.12.2017 D. F4281 PLUMBING CONTRACTOR BID RESULTS 5.A.c Packet Pg. 33 Attachment: Staff Report_February 13, 2018 (5057 : Award Agreement for City Wide Plumbing Contractor Services) 5.A.d Packet Pg. 34 Attachment: TRM_Contract 10531 (5057 : Award Agreement for City Wide Plumbing Contractor Services) 5.A.d Packet Pg. 35 Attachment: TRM_Contract 10531 (5057 : Award Agreement for City Wide Plumbing Contractor Services) 5.A.d Packet Pg. 36 Attachment: TRM_Contract 10531 (5057 : Award Agreement for City Wide Plumbing Contractor Services) 5.A.d Packet Pg. 37 Attachment: TRM_Contract 10531 (5057 : Award Agreement for City Wide Plumbing Contractor Services) 5.A.d Packet Pg. 38 Attachment: TRM_Contract 10531 (5057 : Award Agreement for City Wide Plumbing Contractor Services) 5.A.d Packet Pg. 39 Attachment: TRM_Contract 10531 (5057 : Award Agreement for City Wide Plumbing Contractor Services) 5.A.d Packet Pg. 40 Attachment: TRM_Contract 10531 (5057 : Award Agreement for City Wide Plumbing Contractor Services) 5.A.d Packet Pg. 41 Attachment: TRM_Contract 10531 (5057 : Award Agreement for City Wide Plumbing Contractor Services) 5.A.d Packet Pg. 42 Attachment: TRM_Contract 10531 (5057 : Award Agreement for City Wide Plumbing Contractor Services) 5.A.d Packet Pg. 43 Attachment: TRM_Contract 10531 (5057 : Award Agreement for City Wide Plumbing Contractor Services) 5.A.d Packet Pg. 44 Attachment: TRM_Contract 10531 (5057 : Award Agreement for City Wide Plumbing Contractor Services) 5.A.d Packet Pg. 45 Attachment: TRM_Contract 10531 (5057 : Award Agreement for City Wide Plumbing Contractor Services) 1 SECOND MODIFICATION OF AGREEMENT NO. 10531 (CCS) This Second Modification of Agreement Number 10531 (CCS) (“Second Modifica- tion”), entered into as of ___________ ("Execution Date"), by and between the City of Santa Monica, a municipal corporation (“City”), and Plumbing by Todd R. Marsh, Inc. (TRM Services) is made with reference to the following: RECITALS A.On or about December 20, 2017 the City and TRM Services entered into Agree- ment Number 10531 (CCS) for citywide plumbing contractor services for mainte- nance, repair, and installation as required by the Facilities Maintenance Division for an amount not to exceed $1,040,808 (“Original Agreement”). B.On or about March 8, 2018, the City and TRM SERVICES entered into a First Modification of Agreement Number 10531 (CCS) (“First Modification”) which in- creased the original contract price to a total not-to-exceed amount of $1,148,653 with all renewal options exercised. C. On or about September 4, 2018, the City and TRM SERVICES entered into a First Renewal of Agreement Number 10531 (CCS) (“First Renewal”) which re- newed the Original Agreement to extend the contract term to October 31, 2020. D.On or about November 19, 2020, the City and TRM SERVICES entered into a Second Renewal of Agreement Number 10531 (CCS) (“Second Renewal”) which renewed the Original Agreement to extend the contract term to October 31, 2022. The Original Agreement, First Modification, First Renewal and Second Renewal may be referred to collectively herein as “the Agreement.” E.The City and TRM SERVICES desire to modify the Agreement to extend the con- tract term. TERMS AND CONDITIONS Now, therefore, the undersigned parties do hereby mutually agree to modify the Agree- ment as follows: 1.Term. This Agreement begins on the Execution Date and terminates on April 30, 2023, unless terminated earlier as set forth in the Original Agreement or extended by the parties in writing. 2.Full Force and Effect. Except as expressly modified by this Second Modification, all other terms and conditions of the Original Agreement shall be and remain in full force and effect. /// /// DocuSign Envelope ID: F5855415-3E1F-4A7F-9A58-F8F780662F78 11/23/2022 5.A.e Packet Pg. 46 Attachment: TRM_Contract 10531 - Mod 1 (5057 : Award Agreement for City Wide Plumbing Contractor Services) 2 3. Execution in Counterparts. This Second Modification may be executed in coun- terparts with the same effect as if both parties hereto had executed the same docu- ment. All counterparts shall be construed together and shall constitute a single modification. Any signature to this Second Modification transmitted electroni- cally through DocuSign or PDF shall be deemed an original signature and be bind- ing upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature). IN WITNESS WHEREOF, the parties have executed this Second Modification as of the date and year first written above. ATTEST: ______________________________ DENISE ANDERSON-WARREN City Clerk APPROVED AS TO FORM: ______________________________ LANE DILG City Attorney CITY OF SANTA MONICA, a municipal corporation By: ______________________________ RICK COLE City Manager TRM SERVICES Corporation #VENDOR By: _______________________________ DocuSign Envelope ID: F5855415-3E1F-4A7F-9A58-F8F780662F78 11/21/2022 DOUGLAS SLOAN City Attorney President & CE) Plumbing by Todd R. Marsh, Inc. Todd R. Marsh 11/22/2022 David White 11/23/2022 City ManagerCity Clerk 11/28/2022 Denise Anderson-Warren 5.A.e Packet Pg. 47 Attachment: TRM_Contract 10531 - Mod 1 (5057 : Award Agreement for City Wide Plumbing Contractor Services) 5.A.f Packet Pg. 48 Attachment: Horn's Backflow_Contract 10532 (5057 : Award Agreement for City Wide Plumbing Contractor Services) 5.A.f Packet Pg. 49 Attachment: Horn's Backflow_Contract 10532 (5057 : Award Agreement for City Wide Plumbing Contractor Services) 5.A.f Packet Pg. 50 Attachment: Horn's Backflow_Contract 10532 (5057 : Award Agreement for City Wide Plumbing Contractor Services) 5.A.f Packet Pg. 51 Attachment: Horn's Backflow_Contract 10532 (5057 : Award Agreement for City Wide Plumbing Contractor Services) 5.A.f Packet Pg. 52 Attachment: Horn's Backflow_Contract 10532 (5057 : Award Agreement for City Wide Plumbing Contractor Services) 5.A.f Packet Pg. 53 Attachment: Horn's Backflow_Contract 10532 (5057 : Award Agreement for City Wide Plumbing Contractor Services) 5.A.f Packet Pg. 54 Attachment: Horn's Backflow_Contract 10532 (5057 : Award Agreement for City Wide Plumbing Contractor Services) 5.A.f Packet Pg. 55 Attachment: Horn's Backflow_Contract 10532 (5057 : Award Agreement for City Wide Plumbing Contractor Services) 5.A.f Packet Pg. 56 Attachment: Horn's Backflow_Contract 10532 (5057 : Award Agreement for City Wide Plumbing Contractor Services) 5.A.f Packet Pg. 57 Attachment: Horn's Backflow_Contract 10532 (5057 : Award Agreement for City Wide Plumbing Contractor Services) 5.A.f Packet Pg. 58 Attachment: Horn's Backflow_Contract 10532 (5057 : Award Agreement for City Wide Plumbing Contractor Services) 5.A.f Packet Pg. 59 Attachment: Horn's Backflow_Contract 10532 (5057 : Award Agreement for City Wide Plumbing Contractor Services) 1 FIRST MODIFICATION OF AGREEMENT NO. 10532 (CCS) This First Modification of Agreement Number 10532 (CCS) (“First Modification”), entered into as of ___________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Horn’s Backflow & Plumbing Service, Inc. (“HORN’S BACKFLOW & PLUMBING SERVICE”) is made with reference to the following: RECITALS A. On or about December 14th, 2017, the City and HORN’S BACKFLOW & PLUMBING SERVICE entered into Agreement Number 10532 (CCS) for plumb- ing contractor services as required by the Facilities Maintenance Division (“Origi- nal Agreement”). B. The City and HORN’S BACKFLOW & PLUMBING SERVICE desire to modify the Original Agreement to increase the contract price. TERMS AND CONDITIONS Now, therefore, the undersigned parties do hereby mutually agree to modify the Origi- nal Agreement as follows: 1. Section 4.1 of the Original Agreement shall be modified by deleting the text of Section 4.1 and replacing it with the following paragraph: 4.1 Total Amount Not To Exceed. In the event the City Exercises the (2) additional (2) year renewal options, the total amount for the Term and Extension Term(s) shall not exceed $250,000, as set forth in Ex- hibit B-1. 2. Exhibit B-1 is attached hereto and incorporated herein by this reference. \\ \\ DocuSign Envelope ID: 4613FE93-7A5E-4226-A809-5A8A26DB9988 1/19/2021 5.A.g Packet Pg. 60 Attachment: Horn's Backflow_Contract 10532 - Mod 1 (5057 : Award Agreement for City Wide Plumbing Contractor Services) 2 3. Except as expressly modified by this First Modification, all other terms and condi- tions of the Original Agreement shall be and remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this First Modification as of the date and year first written above. ATTEST: ______________________________ DENISE ANDERSON-WARREN City Clerk APPROVED AS TO FORM: ______________________________ LANE DILG City Attorney CITY OF SANTA MONICA, a municipal corporation By: ______________________________ RICK COLE City Manager HORN’S BACKFLOW & PLUMBING SERVICE Corporation #VENDOR By: _______________________________ DocuSign Envelope ID: 4613FE93-7A5E-4226-A809-5A8A26DB9988 1/12/2021 Interim City Attorney George Cardona Bruce Horn 1/18/2021 CEO Horn's Backflow and Plumbing 1/19/2021 Interim City Manager Lane DilgDenise Anderson-Warren City Clerk 2/10/2021 5.A.g Packet Pg. 61 Attachment: Horn's Backflow_Contract 10532 - Mod 1 (5057 : Award Agreement for City Wide Plumbing Contractor Services) 3 Exhibit B-1 Budget I. Labor Rates. Jobs shall be quoted individually with specifications provided by Facili- ties Maintenance staff using the labor rates noted below (per Bid 4281): Contract Term Extension Term(s) Labor Rate Execution Date to October 31, 2018 November 1, 2018- October 31, 2020 November 1, 2020- October 31, 2022 Regular Hourly Rate $95.00/hour $95.00/hour $95.00/hour Overtime Hourly Rate $125.00/hour $125.00/hour $125.00/hour II. Additional Pricing. 1. The after-hours / weekends labor rate (otherwise known as Overtime) shall be applicable for work completed Monday through Friday from 4:30 p.m. to 8 a.m., and all of Saturday and Sunday. 2. Minimum call-out charge shall be $95.00—Same Price, Terms and Conditions offered throughout the Contract Term and Extension Term(s). 3. Rates for equipment, materials and reimburseables shall be indicated on indi- vidual job proposals. III. Contract Term and Extension Term(s). The City will compensate HORN’S BACKFLOW & PLUMBING SERVICE for the services performed in an amount not to exceed $250,000 for the Contract Term and Extension Term(s). IV. Invoices. Horn’s Backflow & Plumbing Service shall invoice the City per job un- der Net 30 terms. DocuSign Envelope ID: 4613FE93-7A5E-4226-A809-5A8A26DB9988 5.A.g Packet Pg. 62 Attachment: Horn's Backflow_Contract 10532 - Mod 1 (5057 : Award Agreement for City Wide Plumbing Contractor Services) 5.A.h Packet Pg. 63 Attachment: TRM OAKS (5057 : Award Agreement for City Wide Plumbing Contractor Services) CITY OF SANTA MONICA OAKS INITIATIVE NOTICE NOTICE TO APPLICANTS, BIDDERS, PROPOSERS AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS, OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk. This information is required by City Charter Article XXII—Taxpayer Protection. It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after the official votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of Santa Monica. All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees. Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12- month period. In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months. 5.A.i Packet Pg. 64 Attachment: Verne's OAKS (5057 : Award Agreement for City Wide Plumbing Contractor Services) CITY OF SANTA MONICA OAKS INITIATIVE DISCLOSURE FORM In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Public benefits include: 1. Personal services contracts in excess of $25,000 over any 12-month period; 2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period; 3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period; 4. Non-competitive franchise awards with gross revenue of $50,000 or more in any 12-month period; 5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000; 6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or 7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period. Name(s) of persons or entities receiving public benefit: Name(s) of trustees, directors, partners, and officers: Name(s) of persons with more than a 10% equity, participation, or revenue interest: Prepared by: Title: Signature: Date: Email: Phone: Permit # FOR CITY USE ONLY: Bid/PO/Contract # 5.A.i Packet Pg. 65 Attachment: Verne's OAKS (5057 : Award Agreement for City Wide Plumbing Contractor Services)