SR 02-28-2023 5A
City Council
Report
City Council Meeting: February 28, 2023
Agenda Item: 5.A
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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
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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
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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
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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
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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
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5.A.a
Packet Pg. 19 Attachment: Staff Report_January 13, 2015 (5057 : Award Agreement for City Wide Plumbing Contractor Services)
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Packet Pg. 20 Attachment: Staff Report_January 13, 2015 (5057 : Award Agreement for City Wide Plumbing Contractor Services)
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Packet Pg. 21 Attachment: Staff Report_January 13, 2015 (5057 : Award Agreement for City Wide Plumbing Contractor Services)
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Packet Pg. 22 Attachment: Staff Report_January 13, 2015 (5057 : Award Agreement for City Wide Plumbing Contractor Services)
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Packet Pg. 23 Attachment: Staff Report_January 13, 2015 (5057 : Award Agreement for City Wide Plumbing Contractor Services)
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Packet Pg. 24 Attachment: Staff Report_January 13, 2015 (5057 : Award Agreement for City Wide Plumbing Contractor Services)
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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)
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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
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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
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Packet Pg. 29 Attachment: Staff Report_February 13, 2018 (5057 : Award Agreement for City Wide Plumbing Contractor Services)
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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.
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Packet Pg. 30 Attachment: Staff Report_February 13, 2018 (5057 : Award Agreement for City Wide Plumbing Contractor Services)
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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
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Packet Pg. 31 Attachment: Staff Report_February 13, 2018 (5057 : Award Agreement for City Wide Plumbing Contractor Services)
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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.
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Packet Pg. 32 Attachment: Staff Report_February 13, 2018 (5057 : Award Agreement for City Wide Plumbing Contractor Services)
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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
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Packet Pg. 33 Attachment: Staff Report_February 13, 2018 (5057 : Award Agreement for City Wide Plumbing Contractor Services)
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Packet Pg. 34 Attachment: TRM_Contract 10531 (5057 : Award Agreement for City Wide Plumbing Contractor Services)
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Packet Pg. 35 Attachment: TRM_Contract 10531 (5057 : Award Agreement for City Wide Plumbing Contractor Services)
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Packet Pg. 36 Attachment: TRM_Contract 10531 (5057 : Award Agreement for City Wide Plumbing Contractor Services)
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Packet Pg. 37 Attachment: TRM_Contract 10531 (5057 : Award Agreement for City Wide Plumbing Contractor Services)
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Packet Pg. 38 Attachment: TRM_Contract 10531 (5057 : Award Agreement for City Wide Plumbing Contractor Services)
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Packet Pg. 39 Attachment: TRM_Contract 10531 (5057 : Award Agreement for City Wide Plumbing Contractor Services)
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Packet Pg. 40 Attachment: TRM_Contract 10531 (5057 : Award Agreement for City Wide Plumbing Contractor Services)
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Packet Pg. 41 Attachment: TRM_Contract 10531 (5057 : Award Agreement for City Wide Plumbing Contractor Services)
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Packet Pg. 42 Attachment: TRM_Contract 10531 (5057 : Award Agreement for City Wide Plumbing Contractor Services)
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Packet Pg. 43 Attachment: TRM_Contract 10531 (5057 : Award Agreement for City Wide Plumbing Contractor Services)
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Packet Pg. 44 Attachment: TRM_Contract 10531 (5057 : Award Agreement for City Wide Plumbing Contractor Services)
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Packet Pg. 45 Attachment: TRM_Contract 10531 (5057 : Award Agreement for City Wide Plumbing Contractor Services)
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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.
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Packet Pg. 46 Attachment: TRM_Contract 10531 - Mod 1 (5057 : Award Agreement for City Wide Plumbing Contractor Services)
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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
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Packet Pg. 47 Attachment: TRM_Contract 10531 - Mod 1 (5057 : Award Agreement for City Wide Plumbing Contractor Services)
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Packet Pg. 48 Attachment: Horn's Backflow_Contract 10532 (5057 : Award Agreement for City Wide Plumbing Contractor Services)
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Packet Pg. 49 Attachment: Horn's Backflow_Contract 10532 (5057 : Award Agreement for City Wide Plumbing Contractor Services)
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Packet Pg. 50 Attachment: Horn's Backflow_Contract 10532 (5057 : Award Agreement for City Wide Plumbing Contractor Services)
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Packet Pg. 51 Attachment: Horn's Backflow_Contract 10532 (5057 : Award Agreement for City Wide Plumbing Contractor Services)
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Packet Pg. 52 Attachment: Horn's Backflow_Contract 10532 (5057 : Award Agreement for City Wide Plumbing Contractor Services)
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Packet Pg. 53 Attachment: Horn's Backflow_Contract 10532 (5057 : Award Agreement for City Wide Plumbing Contractor Services)
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Packet Pg. 54 Attachment: Horn's Backflow_Contract 10532 (5057 : Award Agreement for City Wide Plumbing Contractor Services)
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Packet Pg. 55 Attachment: Horn's Backflow_Contract 10532 (5057 : Award Agreement for City Wide Plumbing Contractor Services)
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Packet Pg. 56 Attachment: Horn's Backflow_Contract 10532 (5057 : Award Agreement for City Wide Plumbing Contractor Services)
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Packet Pg. 57 Attachment: Horn's Backflow_Contract 10532 (5057 : Award Agreement for City Wide Plumbing Contractor Services)
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Packet Pg. 58 Attachment: Horn's Backflow_Contract 10532 (5057 : Award Agreement for City Wide Plumbing Contractor Services)
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Packet Pg. 59 Attachment: Horn's Backflow_Contract 10532 (5057 : Award Agreement for City Wide Plumbing Contractor Services)
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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.
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Packet Pg. 60 Attachment: Horn's Backflow_Contract 10532 - Mod 1 (5057 : Award Agreement for City Wide Plumbing Contractor Services)
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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
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Packet Pg. 61 Attachment: Horn's Backflow_Contract 10532 - Mod 1 (5057 : Award Agreement for City Wide Plumbing Contractor Services)
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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
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Packet Pg. 62 Attachment: Horn's Backflow_Contract 10532 - Mod 1 (5057 : Award Agreement for City Wide Plumbing Contractor Services)
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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)