HomeMy WebLinkAboutAgenda Report - July 20, 2022 C-15CITY OF
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CALIFORNIA
AGENDA ITEM00/5
COUNCIL COMMUNICATION
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Waive the Bid Process and Execute
Professional Services Agreement with Garland/DBS, Inc., of Cleveland, Ohio, for Lodi
Library Sloped Roof Replacement Project ($325,987), Utilizing U.S. Communities
Contract No. PW1925, and Appropriating Funds ($25,987)
MEETING DATE: July 20, 2022
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, Ohio, for Lodi Library Sloped Roof Replacement Project
($325,987), utilizing U.S. Communities Contract No. PW1925, and
appropriating funds ($25,987).
BACKGROUND INFORMATION: The Lodi Library was last renovated in 1986. The flat roof areas of the
facility were replaced in 2017 due to its poor condition. The remaining
sloped portion of the roof repair was deferred. Recently, inspection has
indicated that the sloped part of the library roof is in a deteriorated state and should be replaced. This project
will remove and replace the existing tile roofing materials and underlayment system and have a design life of
more than 30 years.
Garland/DBS, Inc. was the successful bidder for U.S. Communities Contract No. PW1925 for competitively -bid
roofing services. Using the U.S. Communities line item cost, the bid price of $495,338.00 is the maximum
price an agency would be charged for replacing the sloped roof. To compare the U. S. Communities 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 is $320,987.00, which is much lower than the U.S. Communities maximum price.
A $5,000 project contingency is added to cover any unforeseen conditions in the field. This brings the total
not -to -exceed contract price to $325,987.00.
By using the U.S. Communities contract, the formal bidding process has already been performed, allowing
staff to more efficiently procure labor and materials for specialty type work (such as roofing) while maintaining
compliance with purchasing requirements. The Professional Services Agreement includes all insurance and
bonding requirements included in City construction contracts.
Per Lodi Municipal Code Section 3.20.045, State and Local Agency Contracts, the bidding process may be
waived when it is advantageous for the City, with appropriate approval by City Manager and City Council, to
use contracts that have been awarded by other California public agencies, provided that their award was in
compliance with their formally -adopted bidding or negotiation procedures.
APPROVED: Steve Schwabauer
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\PROJECTS\MISC\LIBRARY\Roof Repair\Slope Roof Repair\CC_ Library Slope Repair Garland.docx 7/6/2022
Adopt Resolution Authorizing City Manager to Waive the Bid Process and Execute Professional Services Agreement with Garland/DBS, Inc., of Cleveland, Ohio, for
Lodi Library Sloped Roof Replacement Project ($325,987), Utilizing U.S. Communities Contract No. PW1925, and Appropriating Funds ($25,987)
July 20, 2022
Page 2
The project is included in the Fiscal Year 2022/23 capital improvement program, in the amount of $300,000
based on an older estimate. Due to current increasing global material and labor costs, the resulted current
project cost exceeded the budgeted amount, requiring additional appropriation.
Staff recommends authorizing City Manager to waive the bid process and execute Professional Services
Agreement with Garland/DBS, Inc., of Cleveland, Ohio, for Lodi Library Sloped Roof Replacement Project
($325,987), utilizing U.S. Communities Contract No. PW1925, and appropriating funds ($25,987).
FISCAL IMPACT: Restoring deteriorated roofs will reduce maintenance cost for leaks and protect
interior space below.
FUNDING AVAILABLE: Library Capital FY 22/23 41099000.77020 $300,000
Added Library Fund 41099000.77020 $ 25,987
Andrew Keys
Andrew Keys
Deputy City Manager/Internal Services Director
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Charles E. Swimley, Jr.
Public Works Director
CES/LC/cd
Cc: Library Director
Facilities Superintendent
Public Works Management Analyst
Garland /DBS, Inc.
Signature: a ,tom XQ(tp,
Email: akeys@lodi.gov
Signature:
Email: sschwabauer@lodi.gov
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on 2022, 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 Lodi Library
Sloped 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 Sta- _ffing
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, 2022 and terminates upon
the completion of the Scope of Services or on May 31, 2023, 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 Prevailinci 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 Responsibili!y Responsibilityfor 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 Assiqns
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 Change
To CONTRACTOR: Garland DBS, Inc.
3800 East 91St Street
Cleveland, OH 44105
Joshua Perry
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.
C:
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:
OLIVIA NASHED
City Clerk
CITY OF LODI, a municipal corporation
STEPHEN SCHWABAUER
City Manager
APPROVED AS TO FORM: GARLAND/DBS, INC., a Delaware
JANICE D. MAGDICH, City Attorney corporation
By: By:
Name:
Title:
Attachments:
Exhibit A - Scope of Services
Exhibit B - Fee Proposal
Exhibit C - Insurance Requirements
Exhibit D - Federal Transit Funding Conditions (if applicable)
Funding Source:
(Business Unit & Account No.)
Doc
I D:file:HA\cvcfilv02\pubwks$\WP\PROJECTS\PSA's\2022\Garland\Garland%20PSA%20Library.d
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CA: Rev.02.2017
10
since 1 89
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
Lodi Public Library
201 W Locust St
Lodi, California 95240
Date Submitted: 06/02/2022
Proposal #: 25 -CA -220586
MICPA # PW1925
California General Contractor License #: 949380
Purchase orders to be made out to: Garland/DBS, Inc.
Please Note: The following budget/estimate is being provided according to the pricing
established under the Master Intergovernmental Cooperative Purchasing Agreement (MICPA)
with Racine County, WI and OMNIA Partners, Public Sector (U.S. Communities). The line item
pricing breakdown from Attachment C: Bid Form should be viewed as the maximum price an
agency will be charged under the agreement. Garland/DBS, Inc. administered an informal
competitive process for obtaining quotes for the project with the hopes of providing a lower
market -adjusted price whenever possible.
Scope of Work:
1. Remove and dispose of existing tile roofing. Inspect deck for any damage and repair
any found for an additional cost.
2. Remove and dispose of existing underlayment and wood bats.
3. Provide and install one layer of Garland Self -Adhering underlayment.
4. Install new Concrete tile similar to the existing style.
5. Install new hip and ridge tiles.
6. Paint all new sheet metal to match the roof color.
Page 1 of 3
Attachment C: Bid Form - Line Item Pricing Breakdown
Item #
Item Description
Unit Price
Quantity
Unit
Extended Price
Tear -off & Dispose of Debris: SYSTEM TYPE
2'32
Concrete Tile Shingle Roof - Wood Deck
$ 3.11
18,500
SF
$ 57,498
INSTALLATION OF SHAKE, TILE, OR SHINGLE
ROOF SYSTEMS: INSTALL NEW BARREL
CLAY/CEMENT TILE ROOF SYSTEM -
16.05
New Barrel Clay/Cement Tile Roof System with Base
Sheet as an Underlayment; Install Self -Adhering
Underlayment on All Eaves, Peaks & Valleys
$ 23.67
1 18,500
SF
$ 437,840
Total After Multipliers
$ 495,338
Base Bid Total Maximum Price of Line Items under the MICPA: $ 495,338
Proposal Price Based Upon Market Experience (Prior to Existing): $ 320,987
Add $5,000.00 Project Contingency: $ 5,000
Proposal Price Based Upon Market Experience (Prior to Existing): $ 325,987
Garland/OBS Price Based Upon Local Market Competition:
Waterproofing Associates $ 320,987
Unforeseen Site Conditions:
Plywood Replacement $ 7.98 per Sq. Ft.
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.
Please Note — The construction industry is experiencing unprecedented global pricing and
availability pressures for many key building components. Specifically, the roofing industry is
currently experiencing long lead times and significant price increases with roofing insulation and
roofing fasteners. Therefore, this proposal can only be held for 30 days. DBS greatly values your
business, and we are working diligently with our long-term suppliers to minimize price increases
and project delays which could effect your project. Thank you for your understanding and
cooperation.
Page 2 of 3
Clarifications/Exclusions:
1. Permits are excluded.
2. Bonds are included.
3. Plumbing, Mechanical, Electrical work is excluded.
4. Masonry work is excluded.
5. Interior Temporary protection is excluded.
6. Prevailing Wages are 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,
9odua ;De"#
Joshua Perry
Garland/DBS, Inc.
(216) 430-3635
Page 3 of 3
Eao
EXHIBIT C
NOTE: The City of Lodi 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 Reciuirements 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 "occurrence" 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) Additional 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 -Contribute 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) Waiver of Subrogation 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 LODI 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 thero oiect
that it is insuring.
(d) Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to
increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies.
Page 1 1 of 2 pages Risk: rev. 3/1/2018
(e) Notice of Cancellation or Change in Coverage Endorsement
This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such
cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240.
(f) 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. 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.).
(g) 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 name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement
and interest on the first (1 st) 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.
(h) Verification of Coverage
Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and
amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates
and endorsements are to be 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. The 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 this right shall not constitute a waiver of the City's right to exercise after the effective
date.
(i) Self -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 Contractor's 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 underthe 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 Construction) 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 that 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 coverage 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.
(1) 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 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.
Page 2 1 of 2 pages Risk: rev. 3/1/2018
RESOLUTION NO. 2022-177
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 THE LODI LIBRARY SLOPED ROOF
REPLACEMENT PROJECT, UTILIZING U.S. COMMUNITIES CONTRACT
NO. PW1925; AND FURTHER APPROPRIATING FUNDS
WHEREAS, this project for the Library sloped roof will remove and replace the existing
tile roofing materials and underlayment system and will have a design life of more than 30
years; and
WHEREAS, Garland/DBS, Inc., was the successful bidder for U.S. Communities
Contract No. PW1925 for competitively -bid roofing services. Using the U.S. Communities line
item cost, the bid price of $495,338 is the maximum price an agency would be charged for the
restoration services; and
WHEREAS, Garland/DBS, Inc., will subcontract roof restoration services to
Waterproofing Associates, Inc., of Lodi. The local price is $320,987, which is lower than the U.S.
Communities maximum price. A $5,000 project contingency is added to cover any unforeseen
conditions in the field. This brings the total not -to -exceed contract price to $325,987; 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 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 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 Sloped Roof Replacement Project, in the amount of $325,987, including a $5,000
project contingency, utilizing U.S. Communities Contract No. PW1925; and
WHEREAS, staff also recommends appropriating funds in the amount of $25,987 from
the Library Capital fund (41099000.77020).
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to waive the bid process and execute a Professional Services
Agreement with Garland/DBS, Inc., of Cleveland, Ohio, for the Lodi Library Sloped Roof
Replacement Project, in the amount of $325,987, including a $5,000 project contingency,
utilizing U.S. Communities Contract No. PW1925; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the
appropriation of funds in the amount of $25,987, as set forth above; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol
Manual (adopted 11/6/19, Resolution No. 2019-223), the City Attorney is hereby authorized to
make minor revisions to the above -referenced document(s) that do not alter the compensation
or term, and to make clerical corrections as necessary.
Dated: July 20, 2022
I hereby certify that Resolution No. 2022-177 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held July 20, 2022 by the following vote:
AYES: COUNCIL MEMBERS — Khan, Kuehne, Nakanishi, and Mayor Chandler
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Hothi
ABSTAIN: COUNCIL MEMBERS — None
OLIVIA NASHED
City Clerk
2022-177