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HomeMy WebLinkAboutAgenda Report - March 20, 2013 C-11AGENDA ITEM CO ** 11 ONE 1 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 1 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. 2 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. 3 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 4 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 5 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 7 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