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HomeMy WebLinkAboutAgenda Report - August 16, 2017 C-07TM CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM C-7 AGENDA TITLE: Adopt Resolution Authorizing City Manager to Waive the Bid Process and Execute Professional Services Agreement with Garland/DBS, Inc., of Cleveland, OH, for Lodi Library Roof Repair Project ($399,980), Utilizing U.S. Communities Contract No. 10330, and Authorizing Five -Percent Contingency (Not to Exceed $19,999) to Cover Unforeseen Conditions MEETING DATE: August 16, 2017 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing City Manager to waive the bid process and execute Professional Services Agreement with Garland/DBS, Inc., of Cleveland, OH, for Lodi Library Roof Repair Project, in the amount of $399,980, utilizing U.S. Communities Contract No. 10330, and authorizing five -percent contingency, in an amount not to exceed $19,999, to cover unforeseen conditions. BACKGROUND INFORMATION: Lodi Library was last renovated in 1986. The flat roof areas of the facility total approximately 15,900 square feet. The existing flat area roofing system consists of a single -ply, Polyvinyl Chloride (PVC) membrane that is in poor condition and subject to leaks during rainy weather. In September 2016, the City requested Garland/DBS, Inc., perform a roof evaluation of the Lodi Library facility to determine its condition and to provide alternatives for addressing deficiencies (Exhibit A). The report indicated the roof membrane is old, brittle and has various defects. It also reported the metal flashing and skylights have deficiencies and should be replaced. This project will remove the existing roofing materials and replace it with a multi -layer membrane system. The project will also replace the failing metal flashing and skylights. The restoration material is manufactured by the Garland/DBS, Inc., and utilizes a urethane and polyester compound to provide a protective coating on the existing roof membrane. The final product will carry a three-year labor warranty and 30 -year watertight warranty. Garland will also perform an annual roof inspection for the entire duration of the warranty. 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 $405,519 is the maximum price an agency would be charged for the restoration services. To compare the U. S. Community price with local roof restoration prices, Garland/DBS, Inc., requested a quote from Waterproofing Associates, Inc., of Lodi, a company that has successfully performed roof restoration services on other City facilities. For this project, the DBS/Garland, Inc. will subcontract roof restoration services to Waterproofing Associates, Inc., of Lodi. The local price of $399,980 is $5,539 lower than the U.S. Communities line item costs. A five -percent project contingency ($19,999) is requested to cover unforeseen conditions in the field. APPROVED: Arvai e - n Schwa , City Manager K:\WP\PROJECTS\MISC\LIBRARY\Roof Repair\CPSA_garland_Library.doc 8/8/17 Adopt Resolution Authorizing City Manager to Waive the Bid Process and Execute Professional Services Agreement with Garland/DBS, Inc., of Cleveland, OH, for Lodi Library Roof Repair Project ($399,980), Utilizing U S. Communities Contract No. 10330, and Authorizing Five -Percent Contingency (Not to Exceed $19,999) to Cover Unforeseen Conditions August 16, 2017 Page 2 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. The Professional Services Agreement includes all insurance and bonding requirements included in City construction contracts. 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. Staff recommends authorizing the City Manager to waive the bid process and execute Professional Services Agreement with Garland/DBS, Inc., of Cleveland, OH, for Lodi Library Roof Repair Project, in the amount of $399,980, utilizing U.S. Communities Contract No. 10330, and authorizing five -percent contingency, in an amount not to exceed $19,999, to cover unforeseen conditions. FISCAL IMPACT: Restoring leaky roofs will reduce repair costs for the interior spaces damaged by water. This project relies on $70,000 in General Fund Capital. Fixing the roof now should have a positive impact on future repair and maintenance costs related to water damage. FUNDING AVAILABLE: Library Capital 41099000.77020 General Fund Capital 43199000.77020 JAA-tk,- ) Andrew Keys Deputy City Manager/Internal Services Director Charles E. Swimley, Jr. Public Works Director Prepared by Lyman Chang, Deputy Public Works Director/City Engineer CES/LC/tdb Attachments cc: Library Services Director Management Analyst — Areida-Yadav Garland /DBS. Inc. $350,000 $ 70,000 K:\WP\PROJECTS\MISC\LIBRARY\Roof Repair\CPSA_garland_Library.doc 8/8/17 The Garland Company, Inc. Roof Asset Management Program Itt A M P. City of Lodi Public Library Roof Inspection Report Prepared By Richard Jones Prepared For Lyman Chang Table of Contents City of Lodi / Client Data 3 Lodi Public Library / Facility Summary 4 Lodi Public Library / Flat Roof Sections / Roof Section Drawing 5 Lodi Public Library / Flat Roof Sections / Photo Report: Sep 6, 2016 - Inspection Photos 6 Lodi Public Library / Flat Roof Sections / Solution: Sep 6, 2016 15 CxYl�kkb� Ifiee 1995 Client Data Client: City of Lodi Client Data Name Address 1 City ZIP City of Lodi 221 West Pine Street Lodi 95241 Address 2 State Country CA United States Client Data Page 3 of 16 I!� Call�kkb� since 1995 Facility Summary Client: City of Lodi Facility: Lodi Public Library Facility Data Address 1 Address 2 City State ZIP Type of Facility 201 W. Locust Street Lodi California 95240 Municipal Asset Information Name Flat Roof Sections Facility Summary Date Installed Square Footage 15,900 Roof Access Ladder Needed Page 4 of 16 Roof Section Drawing Page 5of16 GaiLkk6� nit; c: 1803 Photo Report Client: City of Lodi Facility: Lodi Public Library Roof Section: Flat Roof Sections Report Date: 09/06/2016 Title: Inspection Photos 1 I k eh: I I ki I i klalk.‘ ilS.WK:',.offoree A ed I r, s r_ e 1 I ILI IW lel ki *1411; pr --.4P:df SA1 Photo Report: Sep 6, 2016 - Inspection Photos Photo 1 The metal flashing has failed on the membrane roofing allowing water under the roof system onto the roofing system below and into the soffit areas. Photo 2 Debris in the valley ways of the tile roofing will be cleaned out as part of a roofing project. Page 6of16 Photo 3 Debris in the drains should be cleaned twice per year. Photo 4 Each drain location does have a overflow per code and looks good Photo Report: Sep 6, 2016 - Inspection Photos Page 7 of 16 Photo 5 The tile roofing looks to be in fair shape with few broken tiles needing replacement and cleaning at the valley ways. Photo 6 The membrane is brittle and holes are forming in the membrane. Photo Report: Sep 6, 2016 - Inspection Photos Page 8 of 16 Photo Report: Sep 6, 2016 - Inspection Photos Photo 7 Note the metal flashing which has failed and is allowing water behind the roofing. Photo 8 Same here Page 9of16 Photo 9 The existing tile will be removed on the first run to allow for a proper installation of the new roofing materials. Photo 10 The skylights are old fiberglass and brittle, these are known leak issues and should be replaced. New dome skylights are figured into the budget cost. Photo Report: Sep 6, 2016 - Inspection Photos Page 10 of 16 Photo 11 Water is ponding in areas along the edge of the upper roof and the plywood needs to be inspected for damage. Photo 12 Photo Report: Sep 6, 2016 - Inspection Photos Page 11 of 16 Photo 13 Ponding water is a sign of dryrot plywood underneath the roofing system. Photo 14 Broken ridge tiles will be replaced with new. Photo Report: Sep 6, 2016 - Inspection Photos Page 12 of 16 Photo Report: Sep 6, 2016 - Inspection Photos Photo 15 Photo 16 The existing roofing membrane is dry and brittle ready to be removed and replaced. Page 13 of 16 Photo Report: Sep 6, 2016 - Inspection Photos Photo 17 Photo 18 Page 14 of 16 sluice 1695 Solution Options Client: City of Lodi Facility: Lodi Public Library Roof Section: Flat Roof Sections Replace Options Solution Option: Square Footage: Budget: Replace 15,900 Action Year: Expected Life Years: 2016 30 $310,000.00 ***Please note these figures are BUDGETS ONLY and are not a bid, prior to assisting you with bidding to multiple local contractors we will discuss the scope and specifications for the project then assist you in obtaining multiple contractor quotes for your project per all Local, State and Gov. bidding procedures. (Low slope modified built-up roof description, recommendation for roof areas under 2/12 to meet title 24, budget is based around a modified built-up roof assembly with a title 24 compliant surface coating and membrane, gravel options are available, white gravel and adhesive, and numerous other configurations for the same budget figure) This is a budgeted cost to help you prepare for your roofing project. My goal is to always have the contractor bids come in lower than the budgeted cost.This budgeted cost will include assistance in all specifications, bid packages, & manufacturers inspections, detail drawings, etc. all materials, labor, freight, and tax associated with the replacement of the existing roofing system. Full removal and disposal of the existing roofing system is included in this budgeted cost. The new roofing system would include one layer of 1/2" insulation board, one layer of HPR SBS ply sheet will then be applied & one layer of Stressply Mineral 135 mil thick SBS modified surface sheet membrane installed. All new metal flashing will be provided as well such as new surface mount, roof jacks, etc.The final product applied in his installation will be a coating of Garlands bright white Acrylic roof coating. The final roof product will not only be appealing to the eye but will have all of the characteristic's of long term performance with the warranties to back it up. All asphalt based products will be supplied by Garland and installed per the NRCA (National Roofing and Contractors Association) and per Garland's standard details. Included in the budget number also would be a contractor warranty of three years and a Garland manufacturer warranty of thirty years. As always Garland will inspect your roof systems annually for the entire duration of the warranty. The above number is to help you budget for these upcoming costs, the quality of Garland's service and the products will make this the best roof system for your application. "Service is our best Product". • Remove and dispose of all existing roofing, insulation, flashing, etc. for a properly prepared roof surface. • Install one layer of .5" woodfiber insulation. • Install Garland SBS bituminous modified roofing system in cold adhesive. • Install Garland's Title 24 Cool Roof white acrylic coating at a rate of 3 gallons per 100 square feet. • Replace broken tile as needed. • Clean tile valley ways. • Remove the first run of tile to install the new roofing properly and reinstall all tile. • Provide new plastic dome curb mounted skylights at 10 locations. • Provide a 30 year watertight warranty. • Provide a 3 year contractor warranty. Solution: Sep 6, 2016 Page 15 of 16 • Provide an alternate option roof maintenance program which will include annual housekeeping, maintenance, and overall roof management. Solution: Sep 6, 2016 Page 16 of 16 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., a Delaware corporation (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 Library 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 August 1, 2017 and terminates upon the completion of the Scope of Services or on February 28, 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 Prosect 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 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 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 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., a Delaware JANICE D. MAGDICH, City Attorney corporation By: By: Name: FRANK A. PERCACIANTE Title: Controller Attachments: Exhibit A — Scope of Services Exhibit B — Fee Proposal Exhibit C — Insurance Requirements Exhibit D — Federal Transit Funding Conditions (if applicable) Funding Source: 41099000.77020 (Business Unit & Account No.) Doc ID:K:\WP\PROJECTS\PSA's\2017\Garland Library PSA.doc CA:Rev.02.2017 10 GARLAND since 1 895 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 Library Roof Replacement 201 West Locust Street Lodi, CA 95240 Date Submitted: 7/10/2017 Proposal #: 25 -CA -170729 MICPA # 14-5903 California General Contractor License #: 949380 City of Lodi, California - General Contractor License #: 20011 Exhibit A/B 4111 DBS A Saz miry 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: Library Roof Replacement 1 Remove and dispose of existing roofing down to the wood deck. (Any ACM removal is not 2 Install one layer of 1" polyiso insulation. 3 Install h/2" Dens Deck Prime roof board. (mechanically fastened) 4 Install SA Primer at a rate of % gallon per square. 5 Install one layer of HPR SA FR Base. 6 Install one layer of Stressply Plus SA FR Cap Sheet. 7 Install new lead drain flashings. 8 Install new lead pipe jacks. 9 Install new metal edge. 10 Install new counterflashing metal as needed. 11 Install Pyramic at a rate of 3 gallons per square in a two -coat application (1.5 & 1.5). 12 Replacement of skylights at existing locations. Line Item Pricing Item # Item Description Unit Price Quantity Unit Extended Price 2.06 Tear -off & Dispose of Debris: SYSTEM TYPE BUR W/ Insulation and Mineral Surfacing - Wood / Tectum Deck $ 1.82 14,800 SF $ 26,936 2 12 Tear -off & Dispose of Debris: SYSTEM TYPE Single -Ply W/ Insulation - Wood / Tectum Deck $ 1.45 14,800 SF $ 21,460 6.22.01 Roof Deck and Insulation Option: WOOD ROOF DECK - TORCH APPLIED / SELF -ADHERING APPLICATION - INSULATION OPTION: - Mechanically Fasten Polyisocyanurate / Adhere Treated Gypsum Insulation Board with Glass -Mat (e.g. DensDeck / Securock / Equal) with Insulation Adhesive to Provide an Average R -Value of 20 In Compliance FM 1-90 Requirements $ 3.98 14,800 SF $ 58,904 12.14.01 2 -PLY ROOF SYSTEMS - COMBINATIONS OF A BASE PLY & A CAP SHEET (TOP PLY) PLEASE NOTE: BASE PLY & CAP SHEET COMBINATIONS MUST BE APPROVED BY THE MANUFACTURER: ROOF CONFIGURATION 1 Ply of Self -Adhering Base Installed Using Self - Adhering Backing: BASE PLY OPTION: - SBS Modified Asphalt -Based, Polyester OR Fiberglass/Polyester OR Fiberglass Reinforced Self - Adhering Base Sheet - Minimum of 50 Ibf/in tensile $ 2.56 14,800 SF $ 37,888 12.51.01 2 -PLY ROOF SYSTEMS - COMBINATIONS OF A BASE PLY & A CAP SHEET (TOP PLY) PLEASE NOTE: BASE PLY & CAP SHEET COMBINATIONS MUST BE APPROVED BY THE MANUFACTURER: ROOF CONFIGURATION 1 Ply of Mineral Surfaced, Self -Adhering Cap Sheet Installed Using Self -Adhering Backing: ROOF CONFIGURATION OPTION: - ASTM D 6161 (Polyester) OR 6162 (Fiberglass/Polyester) OR 6163 (Fiberglass) Self -Adhering Reinforced Modified Bituminous Sheet Material Type III - Minimum of 130 Ibf/in tensile $ 4.51 14,800 SF $ 66,748 20.31.01 NEW FLASHINGS FOR ROOFING SYSTEMS & RESTORATION OPTIONS: Self -Adhering Flashings - Minimum 1 Ply of Self -Adhering Base and Self - Adhering Mineral Cap Sheet; Self -Adhering: FLASHING OPTION: - BASE PLY: SBS Polyester OR Fiberglass/Polyester OR Fiberglass Reinforced Self -Adhering Flashing Ply - 50 Ibf/ tensile (ASTM D 5147); TOP PLY: ASTM D 6161 (Polyester) OR 6162 (Fiberglass/Polyester) OR 6163 (Fiberglass) Self -Adhering Reinforced Modified Bituminous Membrane Type III - 130 Ibf/in tensile $ 15.24 1,300 SF $ 19,812 5.11 Coat New Roofing With Elastomeric Coating: ROOF SYSTEM TYPE Apply an Acrylic Coating per Specifications (1 Gallon per Square per Coat - 2 Coats Required) - Smooth or Mineral Surfaced Modified $ 2.06 14,800 SF $ 30,488 Metal Stretch -Out: 6" Flashing with Four (4) Bends $ 7.43 1,600 LF $ 11,888 Metal Stretch -Out: 6" Gravel Stop with Three (3) Bends $ 6.93 800 LF $ 5,544 Sub -Total Prior to Multipliers: $ 279,668 22.11 JOB SITE SPECIFIC MULTIPLIERS APPLIED TO EACH LINE ITEM ON ASSOCIATE JOB: MULTIPLIER - LIMITED / OBSTRUCTED / DIFFICULT ROOF ACCESS Multiplier Applied when Access to the Roof is Limited to Specific Entry Points, Equipment & Materials Cannot be Lifted by Crane on the Roof, or Access is Dependent Upon Road Closure 30% % $ 83,900 JOB SITE SPECIFIC MULTIPLIERS APPLIED TO EACH LINE ITEM ON ASSOCIATE JOB: MULTIPLIER - ROOF SIZE IS GREATER THAN 10,000 SF, BUT LESS THAN 20,000 SF 22.46 Multiplier Applied when Roof Size is Less than 20,000 SF, but Greater than 10,000 SF Fixed Costs: Equipment, Mobilization, Demobilization, Disposal, & Set -Up Labor are Not Completely Absorbed Across Roof Area 15% % $ 41,950 TOTAL: $ 405,519 Library Roof Replacement: Total Maximum Price of Line Items under the MICPA: Proposal Price Based Upon Market Experience: ADD 5% Project Contingency: Proposal Price Based Upon Market Experience: $ 405,519 $ 399,980 $ 19,999.00 $ 419,979.00 Unforeseen Site Conditions: Plywood Deck Replacement $ 5.13 per Square Foot NOT TO EXCEED $419,979 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, 7/tate 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) Severabilitv 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 (15) 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 2 1 of 2 pages 1 Risk: rev.03.2016 RESOLUTION NO. 2017-153 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 LODI LIBRARY ROOF REPAIR PROJECT, UTILIZING U.S. COMMUNITIES CONTRACT NO. 10330; AND FURTHER AUTHORIZING A FIVE -PERCENT CONTINGENCY TO COVER UNFORESEEN CONDITIONS WHEREAS, in September 2016, the City requested Garland/DBS, Inc., perform a roof evaluation of the Lodi Library facility which indicated the roof membrane is old, brittle, and has various defects and also reported the metal flashing and skylights have deficiencies and should be replaced; 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 $399,980 is below the maximum price an agency would be charged for the restoration 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 that the City Council waive the formal bidding process; authorize the City Manager to execute a Professional Services Agreement with Garland/DBS, Inc., of Cleveland, Ohio, for the Lodi Library Roof Repair Project, in the amount of $399,980; and further authorize a five -percent (5%) contingency of $19,999 to cover unforeseen conditions. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby waive the formal bidding process and authorizes the City Manager to execute a Professional Services Agreement with Garland/DBS, Inc., of Cleveland, Ohio, for the Lodi Library Roof Repair Project, utilizing the U.S. Communities Contract No. 10330, in an amount not to exceed $399,980; and BE IT FURTHER RESOLVED that the City Council does hereby authorize a five -percent (5%) contingency in the amount of $19,999 to cover unforeseen conditions. Dated: August 16, 2017 hereby certify that Resolution No. 2017-153 was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 16, 2017 by the following vote: AYES: COUNCIL MEMBERS — Chandler, Johnson, Mounce, Nakanishi, and Mayor Kuehne NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None �-LAacr12) J IFER IVUFERRAIOLO Ci y Clerk 2017-153 CITY COUNCIL DOUG KUEHNE, Mayor ALAN NAKANISHI, Mayor Pro Tempore MARK CHANDLER BOB JOHNSON JOANNE MOUNCE Garland DBS, Inc. 3800 East 91st Street Cleveland, OH 44105 Attn: Matt Egan CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6706 / FAX (209) 333-6710 EMAIL: pwdept@lodi.gov www.lodi.gov August 10, 2017 STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney CHARLES E. SWIMLEY, JR. Public Works Director SUBJECT: Adopt Resolution Authorizing City Manager to Waive the Bid Process and Execute Professional Services Agreement with Garland/DBS, Inc., of Cleveland, OH, for Lodi Library Roof Repair Project ($399,980), Utilizing U.S. Communities Contract No. 10330, and Authorizing Five -Percent Contingency (Not to Exceed $19,999) to Cover Unforeseen Conditions Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, August 16, 2017. The meeting will be held at 7 p.m. in the City Council Chamber, Carnegie Forum, 305 West Pine Street. This item is on the consent calendar and is usually not discussed unless a Council Member requests discussion. The public is given an opportunity to address items on the consent calendar at the appropriate time. If you wish to write to the City Council, please address your letter to City Council, City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street. If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's card (available at the Carnegie Forum immediately prior to the start of the meeting) and give it to the City Clerk. If you have any questions about communicating with the Council, please contact Jennifer M. Ferraiolo, City Clerk, at (209) 333-6702. If you have any questions about the item itself, please call Lyman Chang at (209) 333- 6706. u Ch ries E. Swimley, Jr Public Works Director CES/tdb Enclosure cc: City Clerk