HomeMy WebLinkAboutAgenda Report - November 15, 2018 C-14 SMTM
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA ITEM
C-14
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to
Professional Services Agreement with Garland/DBS, Inc., of Cleveland, OH, for
Fire Station No. 1 Apparatus Bay Roof Replacement Project ($1,843)
MEETING DATE: November 15, 2018
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Amendment
No. 1 to Professional Services Agreement with Garland/DBS, Inc.,
of Cleveland, OH, for the Fire Station No.1 Apparatus Bay Roof
Replacement Project, in the amount of $1,843.
BACKGROUND INFORMATION: On September 19, 2018, City Council approved a Professional
Services Agreement with Garland/DBS, Inc., for Fire Station No.1
Apparatus bay Roof Replacement Project. The work includes the
removal and installation of a new built-up roofing system for a contact price of $113,992 with five -percent
contingency of $5,700, to bring the total amount to $119,692.
During the project, it was discovered that the existing six skylights were severely cracked and should be
replaced with the roof replacement work. After removing the existing roofing material, the contractor also
discovered areas of dry rot and damaged joists, which need to be replaced. The dry rot and ceiling joist
repair was included in the original project contingency, but replacement of the skylights was not
anticipated. The total cost of the project, including Amendment No. 1, if approved by Council, is
$121,535, which exceeds the Council approved amount of $119,692, by $1,843.
Staff recommends authorizing City Manager to execute Amendment No. 1 to Professional Services
Agreement with Garland/DBS, Inc., of Cleveland, OH, for the Fire Station No.1 Apparatus Bay Roof
Replacement Project, in the amount of $1,843.
FISCAL IMPACT: Reduce on-going maintenance cost due to leaky roof.
FUNDING AVAILABLE: Fiscal Year 2018/19 General Fund Capital (43199000).
auiL. �r6
Andrew Keys
Deputy City Manager/Internal Services Director
Prepared by Lyman Chang, Interim City Engineer
LC/CS/tdb
Attachment
Cc: Public Works Management Analyst
APPROVED:
Charles E. Swimley, Jr.
Public Works Director
en Schw
K:\WP\PROJECTS\MISC\Fire Station 1 \Roof\CCGarland_FS1_Amendment 01.doc
City Manager
11/6/2018
AMENDMENT NO. 1
GARLANDIDBS, INC.
PROFESSIONAL SERVICES AGREEMENT
THIS AMENDMENT NO. 1 TO PROFES 3IONAL SERVICES AGREEMENT, is made and
entered this day of , 2018, by and between the CITY OF LODI, a municipal
corporation (hereinafter "CITY"), and GARLAND/DBS, INC., a Delaware corporation (hereinafter
"CONTRACTOR").
WITNESSETH:
1. WHEREAS, CONTRACTOR and CITY entered into a Professional Services Agreement on
October 3, 2018 (the "Agreement"), as set forth in Exhibit 1, attached hereto and made part of;
and
2. WHEREAS, CITY requests to increase the fees by $1,843, for a total amount of $121,535, for
additional repairs; and
3. WHEREAS, CONTRACTOR agrees to said amendment.
NOW, THEREFORE, the parties agree to amend the Agreement as set forth above. All other
terms and conditions of the Agreement remain unchanged.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 1 on
the date and year first above written.
CITY OF LODI, a municipal corporation GARLAND/DBS, INC., a Delaware corporation
hereinabove called "CITY" hereinabove called "CONTRACTOR"
STEPHEN SCHWABAUER FRANK A. PERCACIANTE
City Manager Controller
Attest:
JENNIFER M. FERRAIOLO, City Clerk
Approved as to Form:
JANICE D. MAGDICH, City Attorney
Exhibit 1
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on 3 , 2018, by and between the
CITY OF LODI, a municipal corporation (hereinafter "CITY"), and Garland/DBS, INC., a
Delaware corporation, qualified to do business in California (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 Fire Station No.
1 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 per -form 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 24, 2018 and terminates
upon the completion of the Scope of Services or on March 23, 2019, 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,
vacatien vel -time, and suboistoncc pay, apprenticeship or -other raining --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 fAB 626) Public Contract Code Section 9204 - Public Works Protect
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.
(6) 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 Auditinc
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 919' 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
!FE" ERRAIOLO STEPHEN SCHWABAUE1
ity Clerk City Manager
APPROVED AS TO FORM:
GARLAND DBS, INC., a Delaware
JANICE D. MAGDICH, City Attorney corporation
13y:
By: ic —
Name: FRANK A. PERCACIANTE�$$$$ 1 i.0
Title: Controller ti.,'�I,1-kLANi).)�.,
Attachments:
Exhibit A — Scope of Services
Exhibit B — Fee Proposal
Exhibit C — Insurance Requirements
Exhibit D — Federal Transit Funding Conditions (If applicable)
Funding Source: GFCAP-0025.Const.ExtLabor (43199000.770201
(Business (Unit & Account No.)
Doc ID:K:IWPIPROJECTSIPSA's120181Garland FS No. 1 PSA.doc
CA: Rev.02.2017
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,''..11 f..0 1%'
ince 1 895
Garland/DBS, Inc.
3800 East 91st Street
Cleveland, OFF 44106
Phone: (800) 762-8225
Fax: (216) 883-2055
ROOFING MATERIAL AND SERVICES PROPOSAL
Roof Replacement
Lodi Fire Station #1
210 W. Elm Street
Lodi, CA 95240
Date Submitted: 09/05/2018
Proposal #: 25 -CA -171354
MICPA # 14-5903
California General Contractor License #: 949380
Purchase orders to be made out to: Garland/DBS, Inc.
Exhibit A/B
LiHS
Siit.s4,* Or G311,11id IlbuStfIES
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: BUR Roofing
1. Remove and dispose of existing roofing down to the wood deck. Inspect wood deck for
any dry rot and if any found, replace at the below cost.
2. Install "1/2" Dens Deck Prime roof board. (fully adhered in insulation adhesive)
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. Raise skylight curbs.
7. Build new curb under the one mechanical unit.
8. Install new pre -finished coping cap metal.
9. Install new pre -finished counterflashing metal.
10, Install walkpads under condenser wood sleepers.
11. Install Garia-Block Primer at a rate of// gal per square.
12. Install White Star at a rate of 2 gallons per square and immediately broadcast White
Rock over the top at a rate of 250 lbs. per square.
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
4,000
SF
$ 7,640
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
4,0Q0
SF
$ 15,920
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
4,000
SF
$ 10,240
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
4,000
SF
SF
$ 18,040
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 0
5147); TOP PLY: ASTM D 6161 (Polyester) OR
6162 (Fiberglass/Polyester) OR 8163 (Fiberglass)
Self -Adhering Reinforced Modified Bituminous
Membrane Type III - 130 Ibf/in tensile
$ 15,24
600
$ 9,144
Total Maximum Price of Line Items under the MICPA:
Proposal Price Based Upon Market Experience:
ADD 5% Project Contingency:
;Proposal PripeAased Upon Market Experience:
Garland/DBS Price Based Upon Local Market Competition:
1 Waterproofing Associates
$ 117,628
$ 113,992
$ 5,699.60
$ 119,691.60
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 for 60
days from date of proposal.
Clarifications/Excluslons:
1. Sales and use taxes are excluded. 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.
Coat New Roofing With Elastomeric Coating; ROOF
SYSTEM TYPE
Apply an Urethane Coating per Specifications (1
Gallon per Square per Coal - 2 Coats Required) -
Smooth or Mineral Surfaced Modified; With
Reinforced Seams
4,000
SF
5,21
$ 4.05
$ 16,200
Sub Total Prior to Multipliers
$ 77,184
22.44
JOB SITE SPECIFIC MULTIPLIERS APPLIED TO
EACH LINE ITEM ON ASSOCIATE JOB:
MULTIPLIER - ROOF SIZE IS GREATER THAN
3,000 SF, BUT LESS THAN 5,000 SF
Multiplier Applied when Roof Size is Less than 5,000
SF, but Greater than 3,000 SF Fixed Costs:
Equipment, Mobilization, Demobilization, Disposal, &
Set -Up Labor are Not Completely Absorbed Across
Roof Area
; 27,u14
35.00%
Prevailing Wage Multiplier: Rate Roofer San
Joaquim County - $40,22 / Hr.
17.40%
$ 13,430
Sub -Totals After Multipliers
$ 117,628
Total Maximum Price of Line Items under the MICPA:
Proposal Price Based Upon Market Experience:
ADD 5% Project Contingency:
;Proposal PripeAased Upon Market Experience:
Garland/DBS Price Based Upon Local Market Competition:
1 Waterproofing Associates
$ 117,628
$ 113,992
$ 5,699.60
$ 119,691.60
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 for 60
days from date of proposal.
Clarifications/Excluslons:
1. Sales and use taxes are excluded. 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.
EXHIBIT C
NOTE: The City of L.odl Is now using the online Insurance program PINS Advantage. Once you have been awarded a
contract you will receive an email from the City's online Insurance program requesting you to forward the email to your
Insurance provider(s) to submit the required insurance documentation electronically
Insurance Requirements for Construction Contracts
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages
to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the
Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "000urrenee basis, Including
products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than
$2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non -
owned autos with limit no less than $2,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employers Liability Insurance with limit
of no less than $1,000,000 per accident for bodily Injury or disease,
4, Builder's Risk (Course of Construction) insurance utilizing an "All Risk" (Special Perils) coverage form, with limits equal to the
completed value of the project and no coinsurance penalty provisions.
5. Professional Liability (if Design/Build), with limits no less than $2,000,000 per occurrence or claim.
Other Insurance Provisions*,
(a) Mditional Named Insured Status
The City of Lodi, Its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered
as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on
behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General
liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form
CG 20 10 11 85 or If not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a
later edition is used
(b) Primary and Non -Contributory Insurance Endorsement
The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance, For
any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG
20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self -Insurance maintained
by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute
with it.
(c) Waiyer of Subroaatlort Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said
Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance, Contractor agrees to
obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether
or not the City of Lodi has received a waiver of subrogation endorsement from the Insurer
NOTE; (1) The street address of the CITY OF jODI must be shown along with (a) and (b) and (c) 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 prolect
that it is insuring.
(d) Severability of Intereet 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 under the Contractors commercial general liability end automobile liability policies.
Page 1 j of 2 pages T Risk: rev. 31112018
(e) Ketice of Cancellation or Chenne fn Coverage EndorSemeft
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.
(t) CQnlinu!tY of Coverage
All policies shelf be In effect an or before the first day of the Tenn of this Agreement. At least thirty (30) days prior to the expiration
of each insurance policy. Contractor shall furnish a cettificale(s) showing that a new or extended policy has been obtained which
meets the minimum requirements of this Agreement Contractor shell provide proof of continuing insurance on at least an annual
basis during the Torm. If Contractor's insurance lapses or is discontinued tor any reason, Contractor shall immediately notify the
City and immediately obtain replacement insurance. Contractor agrees and stipulates that any insurance coverage provided to the
City of Lodi shall provide fore 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.).
(9) 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 insuranoe. Contractor shall reimburse the City for premiums paid, with interest an the premium paid by the City at the maximum
allowable legal rate then fn effect In California. The Clly.shall notify Contractor of such payment of premiums within thirty (30) days
of payment slating the amount paid, the name(s) of the insurer(s), and rate of Interest. Contractor shall pay such reimbursement
and interest on the first (1st) 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 falls to provide proof of insurance,
the City may laminate 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.
(h) Verification of Covereee
Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates end
amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates
and endorsements are to he received and approved by the City before work commences. However, failure to obtain the required
documents prior to the work beginning shall not waive the Consultant's obligation to provide them. Tho City reserves the right to
require complete, certified copies of all required insurance policies, Including endorsements required by these specifications, at
any time. Failure to exercise Ihls right shalt not constitute a waiver of the City's right to exercise after the effective
date.
(I) Seif-insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability
to pay losses and related investigations, claim administration, and defense expenses Within the retention. The policy language shall
provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
(j) Insurance Limits
The limits of insurance described herein shall not limit the liability of the Contractor and Contractors officers, employees, agents,
representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and its officers, officials,
employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement
in the Agreement for Contractor to procure and maintain a policy of Insurance.
(k) Builder's Risk (Course of Constfucllon) insurance
Contractor may submit evidence of Builder's Risk insurance in the form of Course of Construction coverage. Such coverage shall
name the City as a loss payee as their interest may appear.
If the project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable, For
such projects, a Property Installation Floater shall be obtained %hat provides for the improvement, remodel, modification. alteration,
conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater
shall provide property damage coverago for any building. structure, machinery or equipment damaged, impaired, broken. or
destroyed during the performance of the Work, including during transit, installation, and testing at the City's site.
(I) Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and
Consultant shall ensure that City is an additional insured on insurance required from subcontractors
(m) Qualified Insurerfs)
All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the Stale 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.
Page 2 of 2 pages
Risk: rev. 3/1/2018
RESOLUTION NO. 2018-233
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT WITH
GARLAND/DBS, INC., OF CLEVELAND, OHIO, FOR FIRE STATION
NO. 1 APPARATUS BAY ROOF REPLACEMENT PROJECT
WHEREAS, on September 19, 2018, City Council approved a Professional Services
Agreement with Garland/DBS, Inc., for Fire Station No.1 Apparatus Bay Roof Replacement
Project; and
WHEREAS, work includes the removal and installation of a new built-up roofing system
for a contact price of $113,992 with five -percent contingency of $5,700, to bring the total amount
to $119,692; and
WHERAS, the total cost of the project, including Amendment No. 1, if approved by
Council, is $121,535, which exceeds the Council -approved amount of $119,692 by $1,843; and
WHEREAS, staff recommends authorizing the City Manager to execute Amendment
No. 1 to Professional Services Agreement with Garland/DBS, Inc., of Cleveland, OH, for the Fire
Station No.1 Apparatus Bay Roof Replacement Project, in the amount of $1,843.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute Amendment No. 1 to Professional Services Agreement
with Garland/DBS, Inc., of Cleveland, Ohio, for the Fire Station No.1 Apparatus Bay Roof
Replacement Project, in the amount of $1,843.
Dated: November 15, 2018
hereby certify that Resolution No. 2018-233 was passed and adopted by the City
Council of the City of Lodi in a special meeting held November 15, 2018, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Johnson, Kuehne, Mounce, and
Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
NNIFEfj1. FERRAIOLO
City Clerk
2018-233