HomeMy WebLinkAboutAgenda Report - September 6, 2017 C-09TM
CITY OF LODI
COUNCIL C O M MUNICATION
AGENDA ITEM
e-9
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 World of Wonders Science Museum Roof Replacement Project
($195,983), Utilizing U.S. Communities Contract No. 10330, and Authorizing the
City Manager to Carry Forward Unspent Budget Authority for this Project, up to
$215,852, Until Project Completion, and Authorizing the Public Works Director to
Execute Change Orders Not -to -Exceed $19,599
MEETING DATE: September 6, 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 World of Wonders
Science Museum Roof Replacement Project, in the amount of $195,983, utilizing U.S. Communities
Contract No. 10330, and authorizing the City Manager to carry forward unspent budget authority for
this project, up to $215,852, until project completion, and authorizing the Public Works Director to
execute change orders not -to -exceed $19,599.
BACKGROUND INFORMATION: The World of Wonders (WOW) Science Museum is located
within the commercial tenant space on the north end of the Lodi
Station Parking Structure (2 North Sacramento Street). The City
of Lodi has leased this tenant space to the WOW Science Museum since 2009 and as owner, the City
is responsible for facility maintenance. The existing roof (Exhibit A) was constructed with the parking
garage structure in 2002. The 15 -year-old roof material has deteriorated to a point where it can no
longer be effectively repaired and must be replaced to protect the assets located in the WOW Science
Museum below.
This project will remove the existing roofing materials and replace it with a modified bitumen roof
system. The project will also seal the vertical wall sections of the roof to provide a complete sealed
surface. The final product will carry a three-year labor warranty and 30 -year watertight warranty.
Garland/DBS, Inc. will also perform an annual roof inspection for the 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
$202,682 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 $195,983 is $6,699 lower than the U.S. Communities line
APPROVED: `�:►ec-eg--
5 e �= chwaba ity Manager
K:\WP\PROJECTS\TRANSIT\WOW\RooMward_garland_WOW.doc 8/29/2017
Adopt Resolution Authorizing City Manager to Waive the Bid Process and Execute Professional Services Agreement with Garland/DBS, Inc., of Cleveland, OH,
for World of Wonders Science Museum Roof Replacement Project ($195,983), Utilizing U.S. Communities Contract No. 10330, and Authorizing the City
Manager to Carry Forward Unspent Budget Authority for this Project, up to $215,852, Until Project Completion, and Authorizing the Public Works Director to
Execute Change Orders Not -to -Exceed $19,599
September 6, 2017
Page 2
item costs. A 10 -percent project contingency ($19,599) is requested to cover any unforeseen
conditions in the field.
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 WOW Science Museum Roof
Replacement Project, in the amount of $195,983, utilizing U.S. Communities Contract No. 10330, and
authorizing the City Manager to carry forward unspent budget authority for
this project, up to $215,852, until project completion, and authorizing the Public Works Director to
execute change orders not -to -exceed $19,599.
FISCAL IMPACT:
Restoring leaky roofs will reduce repair costs and protect the interior
space from damage by water. This project will not impact the General
Fund.
FUNDING AVAILABLE: Transit Capital (60199000.77020) - $215,582
acrv1\174.. )6";:).')
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: Transit Manager/Senior Traffic Engineer -Fernandez
Facility Supervisor - Sanford
Management Analyst — Areida-Yadav
Garland /DBS, Inc.
K:\WP\PROJECTS\TRANSIT \WOW\RooMWward_garland_WOW.doc 8/29/2017
EXHIBIT A
EXISTING WOW SCIENCE MUSEUM ROOF
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 World of
Wonders Science Museum Roof Replacement Project (hereinafter "Project") as set forth
in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that
it is qualified to provide such services to CITY.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 Scope of Services
CONTRACTOR, for the benefit and at the direction of CITY, shall perform the
Scope of Services as set forth in Exhibit A.
Section 2.2 Time For Commencement and Completion of Work
CONTRACTOR shall commence work pursuant to this Agreement, upon receipt
of a written notice to proceed from CITY or on the date set forth in Section 2.6,
whichever occurs first, and shall perform all services diligently and complete work under
this Agreement based on a mutually agreed upon timeline or as otherwise designated in
the Scope of Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other
work products as may be designated in the Scope of Services.
CONTRACTOR shall not be responsible for delays caused by the failure of CITY
staff to provide required data or review documents within the appropriate time frames.
The review time by CITY and any other agencies involved in the project shall not be
counted against CONTRACTOR's contract performance period. Also, any delays due to
weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall
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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 September 18, 2017 and terminates
upon the completion of the Scope of Services or on March 30, 2018, whichever occurs
first.
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ARTICLE 3
COMPENSATION
Section 3.1 Compensation
CONTRACTOR's compensation for all work under this Agreement shall conform
to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by
this reference.
CONTRACTOR shall not undertake any work beyond the scope of this
Agreement unless such additional work is approved in advance and in writing by CITY.
Section 3.2 Prevailing 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:
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"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
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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
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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
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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.
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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.
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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.
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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: PWTR-0003.0
(Business Unit & Account No.)
Doc ID: K:\WP\PROJECTS\PSA's\2017\Garland WOW PSA.doc
CA:Rev.02.2017
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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
World of Wonders Science Museum
City of Lodi
2 N Sacramento St
Lodi, CA, 95240
Date Submitted: 07/20/2017
Proposal #: 25 -CA -170795
MICPA # 14-5903
California General Contractor License #: 949380
Purchase orders to be made out to: Garland/DBS, Inc.
Exhibit A/B
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DBS
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Please Note: The following budget/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 budget/estimate should be viewed as the
maximum price an agency will be charged under the agreement. Garland/DBS, Inc. administered
a competitive bid process for the project with the hopes of providing a lower market adjusted price
whenever possible.
Scope of Work: Roof Replacement
1. Remove and dispose of existing roofing down to the wood deck. (Any ACM removal is
not included)
2. Install 1/2" Dens Deck Prime roof board. (mechanically fastened)
3. Install SA Primer at a rate of % gallon per square.
4. Install one layer of HPR SA FR Base.
5. Install one layer of Stressply Plus SA FR Cap Sheet.
6. Install new lead drain flashings.
7. Install new lead pipe jacks.
8. Install new 24 gauge galvanized metal edge.
9. Install new 24 gauge galvanized counterflashing metal as needed.
10. Install Pyramic at a rate of 3 gallons per square in a two -coat application (1.5 & 1.5).
11. Pressure wash and prepare the existing wall surface
12. Install Tuff Coat coating at a rate of 2 gallons per square in a two coat application (1 &
1)
13. Contractor to provide 3 Year Workmanship Warranty.
14. Manufacturer to provide 30 Year Warranty.
Line Item Pricing
Item #
Item Description
Unit Price
Quantity
Unit
Extended Price
2.02
Tear -off & Dispose of Debris: SYSTEM TYPE
BUR W/ Insulation and Gravel Surfacing - Wood /
Tectum Deck
$ 1.91
7,400
SF
$ 14,134
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
7,400
SF
$ 29,452
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 PIy 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
7,400
SF
$ 18,944
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 PIy 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
7,400
SF
$ 33,374
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
7,400
SF
$ 15,244
Metal Stretch -Out: 12" 24 Gauge Metal Edge with
Four (4) Bends
$ 8.85
500
LF
$ 4,425
Metal Stretch -Out: 8" 24 Gauge Counterflashing
with Three (3) Bends
$ 7.41
500
LF
$ 3,705
23.02
Miscellaneous Line Items: Pressure Wash to Clean
Vertical Surfaces
$ 0.47
1,800
SF
$ 846
19.13
WALL COATINGS FOR COATING WALL
SYSTEMS: ELASTOMERIC COATING FOR CMU
WALL SYSTEM -
Base Coat of Coating @ 1 Gallon per Sq. / Top
Coat @ 1 Gallon per Sq. Applied as Specified
$ 3.64
1,800
SF
$ 6,552
Sub Total Prior to Multipliers
$ 126,676
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%
%
$ 38,003
22.45
JOB SITE SPECIFIC MULTIPLIERS APPLIED TO
EACH LINE ITEM ON ASSOCIATE JOB:
MULTIPLIER - ROOF SIZE IS GREATER THAN
5,000 SF, BUT LESS THAN 10,000 SF
Multiplier Applied when Roof Size is Less than
10,000 SF, but Greater than 5,000 SF Fixed Costs:
Equipment, Mobilization, Demobilization, Disposal,
& Set -Up Labor are Not Completely Absorbed
Across Roof Area
30%
%
$ 38,003
TOTAL:
$ 202,682
Total Maximum Price of Line Items under the MICPA:
Proposal Price Based Upon Market Experience:
ADD 10% Project Contingency:
Proposal Price Based Upon Market Experience:
$ 202,682
$ 195,983
$ 19,598.30
$ 215,581.30
INOT TO EXCEED $215,581.30
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.
Clarifications/Exclusions:
1. Sales and use taxes are included. Please issue a Tax Exempt Certificate.
2. Permits are excluded.
3. Bonds are included.
4. Plumbing, Mechanical, Electrical work is excluded.
5. Masonry work is excluded.
6. Temporary protection is excluded.
7. Any work not exclusively described in the above proposal scope of work is excluded.
If you have any questions regarding this proposal, please do not hesitate to call me at my number
listed below.
Respectfully Submitted,
Robert Shymske
Garland/DBS, Inc.
(216) 430-3509
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:
1. 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 I of 2 pages — 1
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 Coveraae
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 ComDIv
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 I of 2 pages
1
s�c-, Risk: rev.03.2016
RESOLUTION NO. 2017-166
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 WORLD OF WONDERS SCIENCE
MUSEUM ROOF REPLACEMENT PROJECT, UTILIZING U.S.
COMMUNITIES CONTRACT NO. 10330; AUTHORIZING THE
CITY MANAGER TO CARRY FORWARD UNSPENT BUDGET
AUTHORITY FOR THIS PROJECT UNTIL PROJECT COMPLETION;
AND FURTHER AUTHORIZING THE PUBLIC WORKS DIRECTOR TO
EXECUTE CHANGE ORDERS
WHEREAS, the roof over the World of Wonders (WOW) Science Museum has
developed leaks and is progressively getting worse; 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 $202,682 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 waiving the formal bidding process; and
WHEREAS, staff also recommends Council authorize the City Manager to execute a
Professional Services Agreement with Garland/DBS, Inc., of Cleveland, Ohio, for WOW Science
Museum Roof Replacement Project, in the amount of $195,983, utilizing U.S. Communities
Contract No. 10330, and authorizing the Public Works Director to execute change orders not to
exceed $19,599 to cover unforeseen conditions.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby waive
the formal bidding process; and
BE IT FURTHER RESOLVED that Lodi City Council does hereby authorize:
1.) The City Manager to execute a Professional Services Agreement with Garland/DBS,
Inc., of Cleveland, Ohio, for World of Wonders Science Museum Roof Replacement
Project, in the amount of $195,983, utilizing U.S. Communities Contract No. 10330; and
2.) The City Manager to continue budget authority up to the full project budget amount of
$215,582 for this project from Fiscal Year to Fiscal Year until such point as the project is
complete and is accepted by Council. At such time, all unspent budget authority will
return to the fund for re -appropriation by the City Council; and
3.) The Public Works Director to execute change orders, not to exceed $19,599, to cover
unforeseen conditions.
Dated: September 6, 2017
I hereby certify that Resolution No. 2017-166 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held September 6, 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
2017-166
NNIFEM. FERRAIOLO
ity Clerk
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 0. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6706 / FAX (209) 333-6710
EMAIL: pwdept@lodi.gov
www.lodi.ctav
August 31, 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 World of Wonders Science Museum Roof
Replacement Project ($195,983), Utilizing U.S. Communities Contract No.
10330, and Authorizing the City Manager to Carry Forward Unspent
Budget Authority for this Project, up to $215,852, Until Project Completion,
and Authorizing the Public Works Director to Execute Change Orders Not -
to -Exceed $19,599
Enclosed is a copy of background information on an item on the City Council agenda of
Wednesday, September 6, 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.
J
��Chayies E. Swimley, Jr
P r Public Works Director
CES/tdb
Enclosure
cc: City Clerk