HomeMy WebLinkAboutAgenda Report - March 20, 2013 C-11AGENDA ITEM CO ** 11
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FOR�`PCOUNCIL COMMUNICATION
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Professional Services
Agreement with Empire Today, LLC, of Union City, through U.S. Communities Bid
Process for City Hall Carpet Replacement Project ($70,780) and Appropriating
Funds ($80,000)
MEETING DATE: March 20, 2013
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute professional
services agreement with Empire Today, LLC, of Union City, through
U.S. Communities bid process for City Hall Carpet Replacement
Project in the amount of $70,780, and appropriating funds in the amount of $80,000.
BACKGROUND INFORMATION: City Hall was last renovated in 1996. As part of the renovation, a
broadloom, commercial -grade carpet was installed throughout the
building. Over time, the carpet has started to loosen from its bond
to the subfloor, causing wrinkles to form. Despite efforts to re -stretch the carpet, the wrinkles have grown
severe enough to form a trip hazard.
In August 2012, the carpet on the stairway leading to the second floor and in the second floor lobby area
was removed and replaced in order to eliminate the trip hazard in locations most visited by the public.
Instead of using a broadloom carpet in the lobby area, commercial grade carpet tiles were chosen. The
main advantage of carpet tiles includes the ability of City maintenance staff to replace an isolated stain or
wear area without replacing an entire room area. Broadloom was used on the stairway because tiles are
not suited for stairway installations. The installation went smoothly and looks very good.
The current project includes replacement of the remaining original carpet in City Hall with carpet tiles of
the same color and pattern used to replace the second floor lobby area. The remaining stairway carpet
(leading to the basement) will be replaced with the same broadloom product used on the stairway leading
to the second floor. Empire Today, LLC (Empire Today) will be responsible for working around the
existing office systems furniture, file cabinets and other obstructions. The work will be performed over
two to three weekends that correspond with the City's Friday closures to minimize employee disruptions.
Empire Today was the successful bidder for U.S. Communities Contract 2865 for competitively -bid carpet
and flooring installation services. Using the U.S. Communities Master Intergovernmental Cooperative
Purchasing Agreement line item costs, the price to replace the existing City Hall carpet is $70,780,
excluding tax.
This approach is similar to purchasing vehicles from the State contract. By using the U.S. Communities
contract, the formal bidding process has already been performed, allowing staff to more efficiently
procure labor and materials for specialty work (such as facility carpet and flooring) while maintaining
compliance with purchasing requirements. The professional services agreement with Empire Today
includes all insurance and bonding requirements included on City construction contracts.
PE
APPROVED:
- Konradt Bartlam, City Manager
KAWP\PROJECTSWIISC\City Hall Carpet\CEmpireToday.doc 3/6/2013
Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Empire
Today, LLC, of Union City, through U.S. Communities Bid Process for City Hall Carpet Replacement
Project ($70,780) and Appropriating Funds ($80,000)
March 20, 2013
Page 2
Per Lodi Municipal Code §3.20.045, State and Local Agency Contracts, the bidding process may be
waived when it is advantageous for the City, with appropriate approval by City Manager and City Council,
to use contracts that have been awarded by other California public agencies, provided that their award
was in compliance with their formally -adopted bidding or negotiation procedures.
This proposed contract is not subject to the City's local hire ordinance. Staff recommends Council adopt
a resolution authorizing the City Manager to execute a professional services agreement with Empire
Today, LLC, of Union City, for the City Hall Carpet Replacement Project.
FISCAL IMPACT: Replacing the existing City Hall carpet will reduce the City's trip and fall
exposure while improving the appearance of the building.
FUNDING AVAILABLE: Requested Appropriation:
General Fund Capital (1211039): $80,000
rjv,�� �,J, C—
Jordan Ayers
Deputy City Manager/Internal Services Director
hiand, Jr3 A, WC—
F. Wally Sa elin
Public Works Director.
Prepared by Charles E. Swimley, Jr., Deputy Public Works Director/City Engineer
FWS/CES/pmf
KAW13TROJECTSWIISMCity Hall Carpet\CEmpireToday.doc 3/6/2013
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on 2013,
by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and
EMPIRE TODAY, LLC (hereinafter "CONTRACTOR").
Section 1.2 Purpose
CITY selected the CONTRACTOR to provide the services required in
accordance with attached Scope of Services, Exhibit A, attached and incorporated by
this reference.
CITY wishes to enter into an agreement with CONTRACTOR for the City Hall
Carpet Replacement Project (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
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counted against CONTRACTOR's contract performance period. Also, any delays due to
weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall
remain in contact with reviewing agencies and make all efforts to review and return all
comments.
Section 2.3 Meetings
CONTRACTOR shall attend meetings as may be set forth in the Scope of
Services.
Section 2.4 Staffing
CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's
capabilities and on the qualifications of CONTRACTOR's principals and staff as
identified in its proposal to CITY. The Scope of Services shall be performed by
CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified
by CONTRACTOR of any change of Project Manager and CITY is granted the right of
approval of all original, additional and replacement personnel at CITY's sole discretion
and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff
prior to any change.
CONTRACTOR represents it is prepared to and can perform all services within
the Scope of Services (Exhibit A) and is prepared to and can perform all services
specified therein. CONTRACTOR represents that it has, or will have at the time this
Agreement is executed, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature are legally required for CONTRACTOR to practice its profession, and
that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of
this Agreement all such licenses, permits, qualifications, insurance and approvals, and
shall indemnify, defend and hold harmless CITY against any costs associated with such
licenses, permits, qualifications, insurance and approvals which may be imposed against
CITY under this Agreement.
Section 2.5 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 April 15, 2013 and terminates upon
the completion of the Scope of Services or on October 1, 2013, 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 Waae
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 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 fifty percent (50%) of the
contract price.
These bonds will be required at the time the signed contract is returned to the
City.
Section 3.4 Method of Payment
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 3.5 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.
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Section 3.6 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
requested and shall permit CITY or its delegate access to its premises, upon reasonable
notice, during normal business hours for the purpose of interviewing employees and
inspecting and copying such books, records, accounts, and other material that may be
relevant to a matter under investigation for the purpose of determining compliance with
this requirement. CONTRACTOR further agrees to maintain such records for a period of
three (3) years after final payment under this Agreement.
ARTICLE 4
MISCELLANEOUS PROVISIONS
Section 4.1 Nondiscrimination
In performing services under this Agreement, CONTRACTOR shall not
discriminate in the employment of its employees or in the engagement of any sub
CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital
status, national origin, ancestry, age, or any other criteria prohibited by law.
Section 4.2 ADA Compliance
In performing services under this Agreement, CONTRACTOR shall comply with
the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well
as all applicable regulations and guidelines issued pursuant to the ADA.
Section 4.3 Indemnification and Responsibility for Damage
CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold
harmless CITY, its elected and appointed officials, directors, officers, employees and
volunteers from and against any claims, damages, losses, and expenses (including
reasonable attorney's fees), 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
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them, or anyone for whose acts they may be liable, except those injuries or damages
arising out of the active negligence of the City of Lodi or its officers or agents.
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: Charles Swimley, City Egineer/Deputy PW Director
To CONTRACTOR: Empire Today, LLC
2900 Faber Street
Union City, CA 94587
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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.
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
6
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.
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
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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.
Section 4.21 Federal Transit Funding Conditions
❑ If the box at left is checked, the Federal Transit Funding conditions attached as
Exhibit apply to this contract. In the event of a conflict between the terms of this
contract 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:
RANDI JOHL
City Clerk
CITY OF LODI, a municipal corporation
KONRADT BARTLAM, City Manager
APPROVED AS TO FORM: EMPIRE TODAY, LLC
D. STEPHEN SCHWABAUER, City Attorney
JANICE D. MAGDICH, Deputy City Attorney
By:
Attachments:
Exhibit A — Scope of Services
Exhibit B — Fee Proposal
Exhibit C — Insurance Requirements
Funding Source:1211039
(Business Unit & Account No.)
Doc ID:WP\Projects\PSAs\EmpireToday
CA:rev.01.2012
8
By: _
Name:
Title:
Exhibit A
Scope of Service
Remove existing original carpet in City Hall and replace with a combination of carpet tiles and
broadloom product excepting the upstairs lobby and staircase from the downstairs lobby to the
upstairs lobby. The work includes temporary relocation of office systems furniture, file cabinets
and other non -fixed elements needed to complete the work.
`._ EMPIRE TODAY'
14
800-588-2300
$90.0(
www.empiretoday.com
1673
TIO
CUSTOMER I FORMA _
*QUOTE DATE: 02.0$/213
1673
" Quote valid for a period of 30 days from the above date
NAME:
NAME: Charles E. Swirinley
1 R/R
Ci En lneer De: U . Director
LADDRESS:TITLE:
COMPANY: Ci of Lodi CA
36
ADDRESS.. 221 West Pine Street
$0.9,
CITY/STATE: Lodi,. CA. 95241 NAME:
PHONE: 209-333-6800 Ext. 2593 MARKET:
FAX: 209-333-6706 PHONE:
EMAIL: vdrfll I 1. Ov FAX;
�s EMAIL
ITEM :,r;,r,rr:. ,` {�r;r•�`..k t• RLII Di!"•�
y r
1 1673 SY Interface 146690250 Color 9215 $21.13
2 1 Install Furrows II Broadloom Color 9215 $2,000.0(
Toosa.il (stairs and elevator)
3
14
Tac Tiles Rolls
$90.0(
4
1673
SY Carpet Tile Freight
$1.0(
5
1673
SY Carpet Tile Labor
$5.5(
6
1 R/R
Furniture / Cubicle
$13,920.0(
7
36
LF Roppe Vinyl Transition # 177
$0.9,
8
36
LF Standard Transition Labor
$1.2;
9
1673
SY Carpet Take Up Labor
$4.3:
10
$1,673.00
11
$13,920.00
12
$45.00
13
(Date:
ISUB TOTAL
14
TAX
TOTAL
15
16
17
18
19
20
rte Is For aomp€ating t e pro ect as e-5dibed abovm It Is based on our
on and does not include material price increases or additional labor and
Is which may be required should unforeseen problems or adverse weather
ns arise after the work has been Initiated.
Exhibit B
Commercial Project Quote
P,:iD7� 4
'La '
CHECK BOX IF SAME AS CUSTOMER INFORMATION
ZIP.
NTA_
'0 •r'
William ZacVeg
SF -17
415-200-6364
415-647-7516
wz i coda
_ 'nr-rf�s
. 3
$35,317.03
$2,000.00
$1,260.00
$1,673.00
$9,301.68
$13,920.00
$34.92
$45.00
$7,227.36
(Date:
ISUB TOTAL
$70,779.19
TAX
TOTAL
$70,779.19
Empire Today® Proprietary Copyright 2006 - Empire Internal Use Only
This document contains proprietary and/or confidential information. All Rights Reserved, F-1139 Rev, 1
EXHIBIT C
Insurance Requirements for Contractor The Contractor shall take out and maintain during the life of this contract,
insurance coverage as listed below. These insurance policies shall protect the Contractor and any subcontractor
performing work covered by this contract from claims for damages for personal injury, including accidental death, as
well as from claims for property damages, which may arise from Contractor's operations under this contract, whether
such operations be by Contractor or by any subcontractor or by anyone directly or indirectly employed by either of
them, and the amount of such insurance shall be as follows:
COMPREHENSIVE GENERAL LIABILITY 2. COMPREHENSIVE AUTOMOBILE LIABILITY
$1,000,000 Ea. Occurrence $1,000,000 Bodily Injury - Ea. Person
$1,000,000 Bodily Injury - Ea. Occurrence
$2,000,000 Aggregate $1,000,000 Property Damage - Ea. Occurrence
NOTE: Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a
claims period following termination of coverage which is at least consistent with the claims period or statutes of
limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.).
NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) above: 221 West Pine
Street, Lodi, California, 95241-1910; (2) The insurance certificate must state, on its face or as an endorsement, a
description of therp oiect that it is insuring.
A copy of the certificate of insurance with the following endorsements shall be furnished to the City:
(a) Add Rio Named Insured Endorse
Stich insurance as Is afforded by -this policy shall also apply to the City of Lodi, its elected and appointed
Boards, Commissions, Officers, Agents, Employees, and Volunteers as additional named insureds.
(This endorsement shall be on a form furnished to the City and shall be included with Contractor's policies.)
(b) Primary Insurance Endorsement
Such insurance as is afforded by the endorsement for the Additional Insureds shall apply as primary insurance.
Any other insurance maintained by the City of Lodi or its officers and employees.shall be excess only and not
contributing with the insurance afforded by this endorsement.
(c) Cam let Oneratigns. JEnd rgemerr
For three years after completion of project, a certificate of insurance with a Completed Operations
Endorsement, CG 20 37 070 04, will be provided to the City of Lodi.
(d) Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall
not operate to increase the limit of the company's liability.
(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 W. Pine St., Lodi, CA
95240.
Cgmpensation Insurance The Contractor shall take out and maintain during the life of this contract, Worket"s
Compensation Insurance for all of Contractors employees employed at the site of the project and, if any work is
sublet,<Contractor shall require the subcontractor similarly to provide Worker's Compensation Insuranoe for all of the
latter's employees unless such employees are covered by the protection afforded by the Contractor. In ease any
class of employees engaged in hazardous work under this contract atthe.site of the project is not protected under the
Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide
insurance for the. protedion of said employees. 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• W: mine 5t,; Lodi, CIL 95240. A Waiver of Subrogation against the City of Lodi is required.
NOTE: No contract agreement will be signed nor will any work begin on a project until the proper insurance certificate
is received by the City.
1. AA#
2. JV#
I
off Ifi- +i • : I1�,]�3 T' � • R�..l��?____
ACCOUNT-
SOURCE
FINANCING
B.
USE •
FINANCING
Submit completed form to the Budget Division with any required documentation.
Final approval will be provided in electronic copy format.
RESOLUTION NO. 2013-38
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING
CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES
AGREEMENT WITH EMPIRE TODAY, LLC, OF UNION CITY,
FOR CITY HALL CARPET REPLACEMENT PROJECT AND
FURTHER APPROPRIATING FUNDS
WHEREAS, the carpet in City Hall, installed in 1996, has loosened from its bond to the
subfloor, causing wrinkles which have become severe enough to form a trip hazard; and
WHEREAS, in August 2012, the carpet on the stairway leading to the second floor and
in the second floor lobby area was removed and replaced in order to eliminate the trip hazard in
locations most visited by the public; and
WHEREAS, the current project includes replacement of the remaining original carpet in
City Hall with carpet tiles and broadloom of the same color and pattern used in the previous
project; and
WHEREAS, Empire Today, LLC, was the successful bidder for U.S. Communities
Contract 2865 for competitively -bid carpet and flooring installation services; and
WHEREAS, per Lodi Municipal Code §3.20.045, State and Local Agency Contracts, the
bidding process may be waived when it is advantageous for the City, with appropriate approval
by City Manager and City Council, to use contracts that have been awarded by other California
public agencies, provided that their award was in compliance with their formally -adopted bidding
or negotiation procedures.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute a Professional Services Agreement for the City Hall
Carpet Replacement Project with Empire Today, LLC, of Union City, California, in the amount of
$70,780; and
BE IT FURTHER RESOLVED that funds in the amount of $80,000 be appropriated fo
this project from the General Fund Capital account.
Dated: March 20, 2013
I hereby certify that Resolution No. 2013-38 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held March 20, 2013, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, Mounce, and
Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS —None
City Clerk
2013-38