HomeMy WebLinkAboutAgenda Report - February 21, 2017 B-01 SMTM
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA ITEM
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Professional Services
Agreement with Garland DBS, Inc., of Cleveland, OH, for Hutchins Street Square
Metal Roof Replacement 2017 ($49,899), and Appropriating Funds ($50,000)
MEETING DATE: February 21, 2017 (Special Meeting)
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Professional
Services Agreement with Garland DBS, Inc., of Cleveland, OH, for
Hutchins Street Square Metal Roof Replacement 2017, in the
amount of $49,899, and appropriating funds in the amount of $50,000.
BACKGROUND INFORMATION: Hutchins Street Square was last renovated in 1998. Between
November 2013 and September of 2016, the City contracted with
Garland DBS, Inc. to restore the flat roof system with a urethane
and polyester compound. The reroofing project is complete and the flat roof area has not shown signs of
leaks in the recent storms.
Recently, staff discovered that the four large windows located in the rotunda at Hutchins Street Square
have begun to leak and have created a dangerous slipping hazard at the main entrance during rain
events. The metal roof above Kirst Hall has also started to leak and is causing damage to the ceiling and
wall, leaking into Kirst Hall and pooling on the floor during heavy rain events.
The City received a proposal from Garland DBS, Inc. for metal roof replacement and windows resealing.
The project will replace the metal roofing above Kirst Hall and reseal four leaking windows in the rotunda,
as shown in Exhibit A.
Garland DBS, Inc., was the successful bidder for U.S. Communities Contract No. 10330 for competitively -
bid roofing services. Using the U.S. Communities line item cost, the proposed price of $49,898.20 is the
maximum price an agency would be charged for the restoration services. The price includes project
delivery services and a two-year workmanship and 20 -year material warranty.
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 type work, such as roofing, while
maintaining compliance with purchasing requirements. Per Lodi Municipal Code Section 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. The Professional Services Agreement includes all insurance and bonding
requirements included in City construction contracts.
Staff recommends Council authorize City Manager to execute Professional Services Agreement with Garland
DBS, Inc., of Cleveland, OH, for Hutchins Street Square Metal Roof Replacement 2017, in the amount of
o;Vb
APPROVED:
Stephen Schwabauer, City Manager
K:\WP\PROJECTS\MISC\HSS Reroot\CPSA_garland_hss_2017.doc
2/13/17
Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Garland DBS, Inc , of Cleveland, OH, for Hutchins Street Square Metal
Roof Replacement 2017 ($49,899), and Appropriating Funds ($50,000)
February 21, 2017
Page 2
$49,899, approving a transfer of $50,000 from PRCS fund balance to Parks Capital, and appropriating
$50,000 from Parks Capital.
FISCAL IMPACT: Restoring leaky roof and windows will reduce repair costs for the interior
spaces damaged by water and potential claims from slipping hazards.
FUNDING AVAILABLE: Appropriation Requested:
Parks Capital (43299000) - $50,000
t
Jeff Hoc
Parks,
J4 /I1,11
•
i
creation an
usan Bjork
Supervising Budget Analyst
)
Charles E. Swimley, Jr.
Cultural Services Director Public Works Director
Prepared by Lyman Chang, Deputy Public Works Director/City Engineer
CES/LC/tdb
Attachments
Cc Management Analyst — Areida-Yadav
Garland /DBS, Inc.
K:\WP\PROJECTS\MISC\HSS Reroof\CPSA_garland_hss_2017.doc 2/13/17
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on , 2017, by and between the
CITY OF LODI, a municipal corporation (hereinafter "CITY"), and GARLAND DBS, INC.
(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 Hutchins Street
Square Metal Roof Replacement (hereinafter "Project") as set forth in the Scope of
Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to
provide such services to CITY.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 Scope of Services
CONTRACTOR, for the benefit and at the direction of CITY, shall perform the
Scope of Services as set forth in Exhibit A.
Section 2.2 Time For Commencement and Completion of Work
CONTRACTOR shall commence work pursuant to this Agreement, upon receipt
of a written notice to proceed from CITY or on the date set forth in Section 2.6,
whichever occurs first, and shall perform all services diligently and complete work under
this Agreement based on a mutually agreed upon timeline or as otherwise designated in
the Scope of Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other
work products as may be designated in the Scope of Services.
CONTRACTOR shall not be responsible for delays caused by the failure of CITY
staff to provide required data or review documents within the appropriate time frames.
The review time by CITY and any other agencies involved in the project shall not be
counted against CONTRACTOR's contract performance period. Also, any delays due to
weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall
1
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 February 21, 2017 and terminates
upon the completion of the Scope of Services or on February 20, 2018, 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 Wage
The Contractor agrees to conform to the provisions of Chapter 1, Part 7, Division
2 of the Labor Code. The Contractor and any Subcontractor will pay the general
prevailing wage rate and other employer payments for health and welfare, pension,
vacation, travel time, and subsistence pay, apprenticeship or other training programs.
The responsibility for compliance with these Labor Code requirements is on the prime
contractor.
Section 3.3 Contractor Registration — Labor Code §1725.5
No contractor or subcontractor may be awarded a contract for public work on a
public works project (awarded on or after April 1, 2015) unless registered with the
Department of Industrial Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the
Department of Industrial Relations.
Section 3.4 Contract Bonds
CONTRACTOR shall furnish two good and sufficient bonds:
1. A faithful performance bond in the amount of one hundred percent
(100%) of the contract price; and
2. A labor and materials bond in the amount of one hundred percent (100%)
of the contract price.
These bonds will be required at the time the signed contract is returned to the
City.
Section 3.5 (AB 626) Public Contract Code Section 9204 — Public Works Project
Contract Dispute Resolution Procedure
Section 9204 of the California Public Contract Code (the "Code") provides a
claim resolution process for "Public Works Project" contracts, as defined, which is
hereby incorporated by this reference, and summarized in the following:
Definitions:
3
"Claim" means a separate demand by a contractor sent by registered mail or certified
mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or
penalties for delay assessed by the City under a contract for a Public Works Project.
(B) Payment of money or damages arising from work done by, or on behalf
of, a contractor pursuant to a contract for a Public Works Project and payment for which
is not otherwise expressly provided or to which a claimant is not otherwise entitled.
(C) Payment of an amount that is disputed by the City.
"Public Works Project" means the erection, construction, alteration, repair, or
improvement of any public structure, building, road, or other public improvement of any
kind.
Claim Resolution Process:
(1) All Claims must be properly submitted pursuant to the Code and include
reasonable documentation supporting the Claim. Upon receipt of a Claim, the City will
conduct a reasonable review, and within a period not to exceed 45 days, will provide the
claimant a written statement identifying the disputed and undisputed portions of the
Claim. The City and contractor may, by mutual agreement, extend the time periods in
which to review and respond to a Claim. If the City fails to issue a written statement,
paragraph (3) applies.
Any payment due on a portion of the Claim deemed not in dispute by the City will
be processed and made within 60 days after the City issues its written statement.
(2) If the claimant disputes the City's response, or if the City fails to respond
to a Claim within the time prescribed in the Code, the claimant may demand in writing,
by registered mail or certified mail, return receipt requested, an informal conference to
meet and confer for settlement of the issues in dispute, which will be conducted within
30 days of receipt.
If the Claim or any portion thereof remains in dispute after the meet and confer
conference, the City will provide the claimant a written statement, within 10 business
days, identifying the remaining disputed and undisputed portions of the Claim. Any
payment due on an undisputed portion of the Claim will be processed and made within
60 days after the City issues its written statement. Any disputed portion of the Claim, as
identified by the contractor in writing, shall be submitted to nonbinding mediation, as set
forth in the Code, unless mutually waived and agreed, in writing, to proceed directly to a
civil action or binding arbitration, as applicable.
(3) A Claim that is not responded to within the time requirements set forth in
the Code is deemed rejected in its entirety. A Claim that is denied by reason of such
4
failure does not constitute an adverse finding with regard to the merits of the Claim or
the responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by the Code will bear
interest at 7 percent per annum.
(5) Subcontractors or lower tier subcontractors that lack legal standing or
privity of contract to assert a Claim directly against the City, may request in writing, on
their behalf or the behalf of a lower tier subcontractor, that the contractor present a
Claim to the City for work performed by the subcontractor or lower tier subcontractor.
The request shall be accompanied by reasonable documentation to support the Claim.
Within 45 days of receipt of such written request, the contractor shall notify the
subcontractor in writing as to whether the contractor presented the Claim to the City and,
if the original contractor did not present the Claim, provide the subcontractor with a
statement of the reasons for not having done so.
The Claim resolution procedures and timelines set forth in the Code are in
addition to any other change order, claim, and dispute resolution procedures and
requirements set forth in the City contract documents, to the extent that they are not in
conflict with the timeframes and procedures the Code.
Section 3.6 Method of 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 3.7 Costs
The Fee Proposal shall include all reimbursable costs required for the
performance of the Scope of Services. Payment of additional reimbursable costs
considered to be over and above those inherent in the original Scope of Services shall
be approved in advanced and in writing, by CITY.
Section 3.8 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR
to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to
furnish CITY, or a designated representative, with necessary information and assistance
needed to conduct such an audit.
CONTRACTOR agrees that CITY or its delegate will have the right to review,
obtain and copy all records pertaining to performance of this Agreement.
CONTRACTOR agrees to provide CITY or its delegate with any relevant information
5
requested and shall permit CITY or its delegate access to its premises, upon reasonable
notice, during normal business hours for the purpose of interviewing employees and
inspecting and copying such books, records, accounts, and other material that may be
relevant to a matter under investigation for the purpose of determining compliance with
this requirement. CONTRACTOR further agrees to maintain such records for a period of
three (3) years after final payment under this Agreement.
ARTICLE 4
MISCELLANEOUS PROVISIONS
Section 4.1 Nondiscrimination
In performing services under this Agreement, CONTRACTOR shall not
discriminate in the employment of its employees or in the engagement of any sub
CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital
status, national origin, ancestry, age, or any other criteria prohibited by law.
Section 4.2 ADA Compliance
In performing services under this Agreement, CONTRACTOR shall comply with
the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well
as all applicable regulations and guidelines issued pursuant to the ADA.
Section 4.3 Indemnification and Responsibility for Damao
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 and costs), arising out of performance of the services to be
performed under this Agreement, provided that any such claim, damage, loss, or
expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any
subcontractor employed directly by CONTRACTOR, anyone directly or indirectly
employed by any of them, or anyone for whose acts they may be liable, except those
injuries or damages arising out of the active negligence, sole negligence, or sole willful
misconduct of the City of Lodi, its elected and appointed officials, directors, officers,
employees and volunteers. CITY may, at its election, conduct the defense or participate
in the defense of any claim related in any way to this indemnification. If CITY chooses at
its own election to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification,
CONTRACTOR shall pay all of the costs related thereto, including without limitation
reasonable attorney fees and costs. The defense and indemnification obligations
6
required by this Agreement are undertaken in addition to, and shall not in any way be
limited by the insurance obligations set forth herein.
Section 4.4 No Personal Liability
Neither the City Council, nor any other officer or authorized assistant or agent or
City employee shall be personally responsible for any liability arising under this
Agreement.
Section 4.5 Responsibility of CITY
CITY shall not be held responsible for the care or protection of any material or
parts of the work described in the Scope of Services prior to final acceptance by CITY,
except as expressly provided herein.
Section 4.6 Insurance Requirements for CONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreement,
insurance coverage as set forth in Exhibit C attached hereto and incorporated by this
reference.
Section 4.7 Successors and Assigns
CITY and CONTRACTOR each bind themselves, their partners, successors,
assigns, and legal representatives to this Agreement without the written consent of the
others. CONTRACTOR shall not assign or transfer any interest in this Agreement
without the prior written consent of CITY. Consent to any such transfer shall be at the
sole discretion of CITY.
Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in writing
signed by an authorized representative of the sender and shall be deemed to have been
given when the same is personally served or upon receipt by express or overnight
delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class
or certified mail, postage prepaid, addressed to the respective parties as follows:
To CITY: City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: Lyman Chang
To CONTRACTOR: Garland DBS, Inc.
3800 East 91st Street
Cleveland, OH 44105
Attn: Matt Egan
Section 4.9 Cooperation of CITY
CITY shall cooperate fully and in a timely manner in providing relevant
information it has at its disposal relevant to the Scope of Services.
7
Section 4.10 CONTRACTOR is Not an Employee of CITY
CONTRACTOR agrees that in undertaking the duties to be performed under this
Agreement, it shall act as an independent contractor for and on behalf of CITY and not
an employee of CITY. CITY shall not direct the work and means for accomplishment of
the services and work to be performed hereunder. CITY, however, retains the right to
require that work performed by CONTRACTOR meet specific standards without regard
to the manner and means of accomplishment thereof.
Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving
CONTRACTOR at least ten (10) days written notice. Where phases are anticipated
within the Scope of Services, at which an intermediate decision is required concerning
whether to proceed further, CITY may terminate at the conclusion of any such phase.
Upon termination, CONTRACTOR shall be entitled to payment as set forth in the
attached Exhibit B to the extent that the work has been performed. Upon termination,
CONTRACTOR shall immediately suspend all work on the Project and deliver any
documents or work in progress to CITY. However, CITY shall assume no liability for
costs, expenses or lost profits resulting from services not completed or for contracts
entered into by CONTRACTOR with third parties in reliance upon this Agreement.
Section 4.12 Confidentiality
CONTRACTOR agrees to maintain confidentiality of all work and work products
produced under this Agreement, except to the extent otherwise required by law or
permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents
owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or
"Proprietary", except to the extent otherwise required by law or permitted in writing by
CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California
Public Records Act.
Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney's Fees
This Agreement shall be governed by the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be venued with the San
Joaquin County Superior Court. If any part of this Agreement is found to conflict with
applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict
with said laws, but the remainder of this Agreement shall be in force and effect. In the
event any dispute between the parties arises under or regarding this Agreement, the
prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's
fees from the party who does not prevail as determined by the San Joaquin County
Superior Court.
8
Section 4.14 City Business License Requirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020
requires CONTRACTOR to have a city business license and CONTRACTOR agrees to
secure such license and pay the appropriate fees prior to performing any work
hereunder.
Section 4.15 Captions
The captions of the sections and subsections of this Agreement are for
convenience only and shall not be deemed to be relevant in resolving any question or
interpretation or intent hereunder.
Section 4.16 Integration and Modification
This Agreement represents the entire understanding of CITY and
CONTRACTOR as to those matters contained herein. No prior oral or written
understanding shall be of any force or effect with respect to those matters covered
hereunder. This Agreement may not be modified or altered except in writing, signed by
both parties.
Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single
document. Should any inconsistency occur between the specific terms of this
Agreement and the attached exhibits, the terms of this Agreement shall prevail.
Section 4.18 Severability
The invalidity in whole or in part of any provision of this Agreement shall not void
or affect the validity of any other provision of this Agreement.
Section 4.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer media, or other
material documents or data, and working papers, whether or not in final form, which
have been obtained or prepared under this Agreement, shall be deemed the property of
CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such
documents during CONTRACTOR's regular business hours. Upon termination or
completion of services under this Agreement, all information collected, work product and
documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days.
CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any
liability resulting from CITY's use of such documents for any purpose other than the
purpose for which they were intended.
Section 4.20 Authority
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement.
9
Section 4.21 Federal Transit Funding Conditions
❑ If the box at left is checked, the Federal Transit Funding conditions attached as
Exhibit D apply to this Agreement. In the event of a conflict between the terms of this
Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the
Federal Transit Funding Conditions will control.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Agreement as of the date first above written.
ATTEST
CITY OF LODI, a municipal corporation
JENNIFER M. FERRAIOLO STEPHEN SCHWABAUER
City Clerk City Manager
APPROVED AS TO FORM: GARLAND DBS, INC.
JANICE D. MAGDICH, City Attorney
By By:
Jr, Name:
Title:
Attachments:
Exhibit A — Scope of Services
Exhibit B — Fee Proposal
Exhibit C — Insurance Requirements
Exhibit D — Federal Transit Funding Conditions (if applicable)
Funding Source: 43199000.77020
(Business Unit & Account No.)
Doc ID:K:\WP\PROJECTS\PSA's\2017\Garland HSS Metal Roof.doc
CA:Rev.02.2017
10
GARLAND
since 1895
Garland/DBS, Inc.
3800 East 91St Street
Cleveland, OH 44105
Phone: (800) 762-8225
Fax: (216) 883-2055
ROOFING MATERIAL AND SERVICES PROPOSAL
City of Lodi
Metal Roof Replacement & Window Re -Seal
Date Submitted: 02/09/2017
Proposal #: 25 -CA -170108
MICPA # 14-5903
California General Contractor License #: 949380
City of Lodi, California - General Contractor License #: 20011
Exhibit A/B
De l i•BuddSciato
DBS
RSu&_ i.rrn' 3r::ri :.igfr
Please Note: The following estimate is being provided according to the pricing established under
the Master Intergovernmental Cooperative Purchasing Agreement (MICPA) with Cobb County,
GA and U.S. Communities. This estimate should be viewed as the maximum price an agency will
be charged under the agreement.
Scope of Work: Hutchins Square Metal Roof Replacement
1 Remove and dispose of existing metal roof and underlayment.
2 Install one layer of Garland self -adhering underlayment.
3 Install new Garland Metal Roof System.
4 Install new metal "L" flashing below the metal roofing.
Line Item Pricing
Item #
Item Description
Unit Price
Quantity
Unit
Extended Price
2.41
Tear -off & Dispose of Debris
SYSTEM TYPE
Metal Roofing System - Metal Deck
$ 1.91
900
SF
$ 1,719
14.11.01
METAL ROOFING SYSTEMS - LOW SLOPE &
STEEP SLOPE (2)
INSULATION OPTIONS FOR ARCHITECTURAL
STANDING SEAM ROOF INSTALLATION OVER
SUBSTRATE - INSULATION OPTION:
Architectural Application - No Insulation; 30 lbs. Felt
Underlayment Over Deck
$ 0.65
900
SF
$ 585
14.31.05
METAL ROOFING SYSTEMS - LOW SLOPE &
STEEP SLOPE (2)
ROOF CONFIGURATION
Architectural or Structural Standing Seam Roof
System; Seam Height At or Above 1" Below 7;
Aluminum Panels - THICKNESS OPTION:
Bare Galvalume Coated Steel or Equal
Panel Price - 24 Ga, 18" Wide Panels
$ 3.50
900
SF
$ 3,150
14.31.09
METAL ROOFING SYSTEMS - LOW SLOPE &
STEEP SLOPE (2)
ROOF CONFIGURATION
Architectural or Structural Standing Seam Roof
System; Seam Height At or Above 1" Below 7;
Aluminum Panels - COLOR OPTION:
Add for Standard Colors - Fluorocarbon Paint
System Over Aluminum or Galvalume Coated Steel
Or Equal
$ 0.95
900
SF
$ 855
14.31.24
METAL ROOFING SYSTEMS - LOW SLOPE &
STEEP SLOPE (2)
ROOF CONFIGURATION
Architectural or Structural Standing Seam Roof
System; Seam Height At or Above 1" Below 7;
Aluminum Panels - PANEL INSTALLATION
OPTION: Architectural Application - Installed Over
Substrate At or Above 3:12 Slope
$ 5.02
900
SF
$ 4,518
Metal Stretch -Out: 24" 24 Gauge Kynar Expansion
Joint "L" Flashing with Four (4) Bends
$ 11.67
50
LF
$ 584
Metal Stretch -Out: 12" 24 Gauge Kynar Cap
Flashing with Four (4) Bends
$ 8.85
40
LF
$ 354
Metal Stretch -Out: 18" 24 Gauge Kynar Edge Metal
with Three (3) Bends
$ 9.76
30
LF
$ 293
Sub Total Prior to Multipliers:
$ 12,057
i
Prevailing Wage - San Joaquin County, California
Sheet Metal Roofer = $68.62
89.00%
$ 10,731
22.21
JOB SITE SPECIFIC MULTIPLIERS APPLIED TO
EACH LINE ITEM ON ASSOCIATE JOB
MULTIPLIER - ROOF HEIGHT IS GREATER THAN
2 STORIES EQUAL TO OR LESS THAN 5
STORIES
Multiplier Applied when the Roof Height Exceeds 2
Stories, but is Equal to or Less than 5 Stories.
Situation Creates the Need for Additional Safety
Protection and Increased Crane Work.
25.00%
%
$ 3,014
Hutchins Square Metal Roof Replacement:
Total Maximum Price of Line Items under the MICPA:
$ 42,080
Proposal Price Based Upon Market Experience:
$ 39,987
Scope of Work: Hutchins Square Window Re -Seal
1 Reseal the four windows in the front of the building where the leak is occurring.
2 Seal up the holes in the EIFS around the windows.
Line Item Pricing
Item #
JOB SITE SPECIFIC MULTIPLIERS APPLIED TO
EACH LINE ITEM ON ASSOCIATE JOB
MULTIPLIER - ROOF IS CONSIDERED NON-
STANDARD ARCHITECTURE OR HAS GREATER
Unit Price
Quantity
Unit
Extended Price
22.31
THAN 4/12 SLOPE
$ 4,715.00
1
EA
$ 4,715
Multiplier Applied when Roof Area is not Boxed -
$ 4,715
23.171
Shaped, Contains Multiple Sharp Angles and/or
14%
%
$ 660
Curves, or the Roof has a Greater than 4/12 Slope,
Very Steep.
35.00%
%
$ 4,220
JOB SITE SPECIFIC MULTIPLIERS APPLIED TO
EACH LINE ITEM ON ASSOCIATE JOB
MULTIPLIER - ROOF SIZE IS LESS THAN 1,000 SF
Multiplier Applied when Roof Size is Abnormally
22.41
Small Less than 1,000 SF Situation Creates the
Fixed Costs: Equipment, Mobilization,
Demobilization, Disposal, & Set -Up Labor to be
Allocated Across a Very Small Roof Area Causing
Fixed Costs to be Large Portion of Job Costs
100.00%
%
$ 12,057
TOTAL:
$ 42,080
Hutchins Square Metal Roof Replacement:
Total Maximum Price of Line Items under the MICPA:
$ 42,080
Proposal Price Based Upon Market Experience:
$ 39,987
Scope of Work: Hutchins Square Window Re -Seal
1 Reseal the four windows in the front of the building where the leak is occurring.
2 Seal up the holes in the EIFS around the windows.
Line Item Pricing
Item #
Item Description
Unit Price
Quantity
Unit
Extended Price
Labor & Garland Materials - Waterproofing
Associates
$ 4,715.00
1
EA
$ 4,715
Sub Total Prior to Multipliers:
$ 4,715
23.171
Additional Repair Options
Option 1 - Estimating repairs can be done on a labor
and material cost plus basis
14%
%
$ 660
TOTAL:
$ 5,375
Hutchins Square Window -Re -Seal:
Proposal Price Based Upon Market Experience:
$ 5,375
Proposal Price - Metal Roof Replacement:
Proposal Price - Window Re -Seal:
Proposal Price Based Upon Market Experience (TOTAL):
$ 39,987
$ 5,375
$ 45,362
ADD 10% Project Contingency:
Proposal Price Based Upon Market Experience:
$ 4,536.20
$ 49,898.20
Potential issues that could arise during the construction phase of the project will be addressed via
unit pricing for additional work beyond the scope of the specifications. This could range anywhere
from wet insulation, to the replacement of deteriorated wood nailers. Proposal pricing valid
through 12/31/2017.
If you have any questions regarding this proposal, please do not hesitate to call me at my number
listed below.
Respectfully Submitted,
Nate 59eut
Matt Egan
Garland/DBS, Inc.
(216) 430-3662
EXHIBIT C
Insurance Requirements for Contractor The Contractor shall take out and maintain during the life of this
Agreement, insurance coverage as listed below. These insurance policies shall protect Contractor and any
subcontractor performing work covered by this Agreement 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 Agreement, 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
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
2 COMPREHENSIVE AUTOMOBILE LIABILITY
$1,000,000 Combined Single Limit
Such insurance shall cover liability arising out of any vehicle (including, owned, hired and non -hired vehicles)
operated in performing any and all services pursuant to this Agreement. Coverage shall be written on ISO form
CA 00 01 12 90, or a later version, that provides liability coverage at least as broad as this form.
All limits are to be designated strictly for the City of Lodi, its elected and appointed boards, commissions, officers,
agents, employees, and volunteers. All deductibles or self-insured retentions (SIR) must be disclosed to City's Risk
Manager for approval and shall not reduce the limits of liability set forth hereinabove. Insurance policies containing
any deductible or SIR provision shall provide, or be endorsed to provide, that the deductible or SIR may be satisfied
by either the Named Insured(s) or the City of Lodi.
It is required that any available insurance proceeds broader than or in excess of the specified minimum insurance
coverage requirements and/or limits set forth above, shall be available to City as an additional insured. Furthermore,
the requirements for coverage and limits shall be (i) the minimum coverage and limits specified in these insurance
requirements; or (ii) the broader coverage and maximum limits of coverage of any insurance policy or proceeds
available to the Contractor; whichever is greater.
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.).
A copy of the certificate(s) of insurance with the following endorsements shall be furnished to the City:
(a) Additional Named Insured Endorsement
Pursuant to a separate endorsement (ISO form CG 2010 (11/85) or a later version, that provides liability
coverage at least as broad as this form) such 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. An additional named insured endorsement is also required for Auto Liability.
(b) Primary and Non -Contributory Insurance Endorsement
Additional insurance coverage under the Contractor's policy shall be "primary and non-contributory" and will
not seek contribution from City's insurance or self-insurance and shall be at least as broad as ISO form CG 20
01 04 13.
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, 95240; (2) The insurance certificate must state, on its face or as an
endorsement, a description of the proiect that it is insuring.
(c) Waiver of Subrogation
Include a waiver of subrogation against the City of Lodi, its elected and appointed boards, commissions,
officers, agents, employees, and volunteers. A waiver is required for General Liability and Auto Liability.
(d) Limits of Coverage
The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or
excess insurance. Any umbrella or excess insurance of Contractor shall contain, or be endorsed to contain, a
provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City
before the City's own insurance or self-insurance shall be called upon to protect the City as a named insured.
Page 1 1 of 2 pages ' ' Risk: rev.03.2016
Insurance Requirements for Contractor (continued)
(e) Completed Operations Endorsement
For three years after completion of project, a certificate of insurance with a Completed Operations
Endorsement, CG 20 37 07 04, will be provided to the City of Lodi.
(f) 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.
(g)
Notice of Cancellation or Change in Coverage Endorsement
This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written
notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi,
CA 95240.
(h) Continuity of Coverage
All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days
prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or
extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor
shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor's
insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and
immediately obtain replacement insurance.
(i)
Failure to Comply
If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of
coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with
interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The
City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount
paid, the names) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest
on the first (1S) day of the month following the City's notice. Notwithstanding any other provision of this
Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails
to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such
termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently
pursue the removal of any and all of its personal property from the site or facilities.
(j) Qualified Insurer(s)
All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in
the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are
acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the
most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements.
Workers Compensation Insurance The Contractor shall take out and maintain during the life of this Agreement,
Worker's Compensation Insurance for all of Contractor's 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 Insurance for all
of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In case
any class of employees engaged in hazardous work under this Agreement at the 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 protection of said employees. A waiver of subrogation is required for workers
compensation insurance. This policy may not be canceled nor the coverage reduced without 30 days' prior written
notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA
95240.
NOTE: The City reserves the right to obtain a full certified copy of any insurance policy or endorsements
required. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the
effective date.
Page 21 of 2 pages Risk: rev.03.2016
1 AA#
2 JV#
CITY OF LODI
APPROPRIATION ADJUSTMENT REQUEST
FUND #
BUS. UNIT #
ACCOUNT #
TO:
Internal Services Dept. - Budget Division
A.
SOURCE OF
FINANCING
3. FROM:
Jeff Hood, PRCS Director 15. DATE
2/13/17
4 DEPARTMENT/DIVISION: PRCS/Parks
$50,000
6. REQUEST ADJUSTMENT OF APPROPRIATION AS LISTED BELOW '
FUND #
BUS. UNIT #
ACCOUNT #
ACCOUNT TITLE
AMOUNT
A.
SOURCE OF
FINANCING
200
32205
PRCS fund balance
$50,000
432
43200000 _
50001
Parks Capital operating transfer in
$50,000
B.
USE OF
FINANCING
432
43299000
77020
Park Capital, small capital projects
$50,000
200
20070001
76220
PRCS operating transfer out
$50,000
t
r
7. REQUEST IS MADE TO FUND THE FOLLOWING PROJECT NOT INCLUDED IN THE CURRENT BUDGET
Please provide a description of the project, the total cost of the project, as well as justification for the
requested adjustment. If you need more space, use an additional sheet and attach to this form.
The flat roof areas of Hutchins Street Square have been restored in recent years as the roof deteriorated with age. This
winter's rain has exposed other areas in need of replacement -- a metal roof connecting Kirst Hall to the northern part of the
complex. In addition, the rotunda windows are leaking and need to have new seals installed to prevent further damage to the
facility and risk of visitors slipping on the wet stone rotunda floor. The original metal roof and flashing were not high quality
materials and in need of replacement. Total cost for both projects is just under $50,000.
If Council has authorized the appropriation adjustment, complete the following:
Meeting Date: 2/21/17
Department Head Signature:
Attach copy of resolution to this form.
8. APPROVAL SIGNATURES
Deputy City Manager/Internal Services Manager Date
Submit completed form to the Budget Division with any required documentation
Final approval will be provided in electronic copy format.
RESOLUTION NO. 2017-24
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING
THE CITY MANAGER TO WAIVE THE BID PROCESS AND
EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
GARLAND DBS, INC., OF CLEVELAND, OHIO, FOR
HUTCHINS STREET SQUARE METAL ROOF REPLACEMENT
2017, UTILIZING U.S. COMMUNITIES CONTRACT NO. 10330,
AND FURTHER APPROPRIATING FUNDS
WHEREAS, staff discovered that the four large windows located in the rotunda at
Hutchins Street Square have begun to leak and have created a dangerous slipping
hazard at the main entrance during rain events; and
WHEREAS, the metal roof above Kirst Hall has also started to leak and is
causing damage to the ceiling and wall, leaking into Kirst Hall and pooling on the floor
during heavy rain events; and
WHEREAS, Garland DBS, Inc., was the successful bidder for U.S. Communities
Contract No. 10330 for competitively -bid roofing services. Using the U.S. Communities
line item cost, the bid price of $49,899 is the maximum price an agency would be
charged for the reroofing services; and
WHEREAS, per Lodi Municipal Code Section 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 the 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; and
WHEREAS, staff recommends waiving the City's formal bidding process and
utilizing the U.S. Communities Contract No. 10330 for the above -referenced repairs; and
WHEREAS, staff also recommends that the City Council authorize the
City Manager to execute a Professional Services Agreement with Garland DBS, Inc., of
Cleveland, Ohio, for Hutchins Street Square Metal Roof Replacement 2017, in the
amount of $49,899; and
WHEREAS, staff also recommends approving a transfer of $50,000 from PRCS
fund balance to Parks Capital, and appropriating $50,000 from Parks Capital.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
waive the City's formal bidding process and authorize the utilization of the
U.S. Communities Contract No. 10330 for the above -referenced project; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize
the City Manager to execute a Professional Services Agreement with Garland DBS, Inc.,
of Cleveland, Ohio, for the Hutchins Street Square Metal Roof Replacement 2017, in the
amount of $49,899; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby approve a
transfer of $50,000 from PRCS fund balance to Parks Capital, and appropriating
$50,000 from Parks Capital for this project.
Dated: February 21, 2017
I hereby certify that Resolution No. 2017-24 was passed and adopted by the City
Council of the City of Lodi in a special meeting held February 21, 2017 by the following
vote:
AYES: COUNCIL MEMBERS — Chandler, Nakanishi, and Mayor Kuehne
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Johnson and Mounce
ABSTAIN: COUNCIL MEMBERS — None
•,M. RA L�6
NNIFE FER
City Clerk
2017-24