R-2016-076 2016-05-23RESOLUTION NO. R2016-76
A Resolution of the City Council of the City of Pearland, Texas,
awarding a bid for replacement of the roof at the Tom Reid Library to
The Garland Company, Inc., in the estimated amount of $282,938.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That contract pricing for the construction of the Tom Reid Library was
obtained through the U.S. Communities Cooperative Purchasing Group.
Section 2. That the City Council hereby awards the bid to The Garland Company,
Inc., in the amount of $282,938.
Section 3. The City Manager or his designee is hereby authorized to execute a
contract for the roof replacement at the Tom Reid Library.
PASSED. APPROVED and ADOPTED this the 23rd day of May, A.D., 2016.
ATTEST:
iriNG LOj► ING, TRM
SECR'" ARY
APPROVED AS TO FORM:
Cfr,
DAR IN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
Resolution No. R2016-76
Exhibit "A"
General Services Contract
This Contract (Contract) is made between the City of Pearland, Texas (City), and Contractor.
The City and Contractor agree to the terms and conditions of this Contract, which consists of the
following parts:
I. Summary of Contract Terms
II. Signatures
III. Standard Contractual Provisions
IV. Special Terms and Conditions
V. Additional Contract Attachments
I. Summary of Contract Terms.
Contractor:
Description of Services:
Contract Amount:
Effective Date:
Termination Date:
Renewal:
Garland/DBS, Inc.
3800 East 91st Street
Cleveland, OH 44105
Contractor will perform roof repairs on the Tom Reid Library, per the
specifications of proposal #25 -TX -160204 and the U.S.
Communities/Master Intergovernmental Cooperative Purchasing
Agreement #14-5903; City Council Resolution #R2016-76.
Not to exceed $282,938.00.
May 23, 2016.
December 31, 2016.
None contemplated at this time.
11. Signatures. By signing below, the parties agree to the terms of this Contract:
CITY OF EARLAND CONTRACTOR: ->•41i( ( -4^' `I X J ,
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Purc a} g;.fficec Date Title: .z / Fe" -ie. A . Puee-Ac.ip-+tom
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Date: --r
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*Sii ed by: Date: D$ • Zr31 (P
City M nager
Assis ant City Manager
Director
Program Manager
`Contract Signature Authority:
Program Manager -$5,999 or Tess
Director - $6,000 to $30,000
City Manager/Assistant City Managers - $30,001 to $50,000
City Council Resolution - $50,000+
III. Standard Contractual Provisions.
A. Definitions.
Contract means this Standard Services Contract.
Services means the services for which the City solicited bids or received proposals as
described in Exhibit A, attached hereto.
B. Services and Payment. Contractor will furnish Services to the City in accordance with the
terms and conditions specified in this Contract. Contractor will bill the City for the Services
provided at intervals of at least 30 days, except for the final billing. The City shall pay Contractor
for the Services in accordance with the terms of this Contract, but all payments to be made by
the City to Contractor, including the time of payment and the payment of interest on overdue
amounts, are subject to the applicable provisions of Chapter 2251 of the Government Code.
C. Termination Provisions.
(1) City Termination for Convenience. Under this paragraph, the City may terminate
this Contract during its term at any time for the City's own convenience where the
Contractor is not in default by giving written notice to Contractor. If the City terminates
this Contract under this paragraph, the City will pay the Contractor for all services
rendered in accordance with this Contract to the date of termination.
(2) Termination for Default. Either party to this Contract may terminate this Contract as
provided in this paragraph if the other party fails to comply with its terms. The party
alleging the default will give the other party notice of the default in writing citing the
terms of the Contract that have been breached and what action the defaulting party
must take to cure the default. If the party in default fails to cure the default as specified
in the notice, the party giving the notice of default may terminate this Contract by written
notice to the other party, specifying the date of termination. Termination of this Contract
under this paragraph does not affect the right of either party to seek remedies for
breach of the Contract as allowed by law, including any damages or costs suffered by
either party.
(3) Multi -Year Contracts and Funding. If this Contract extends beyond the City's fiscal
year in which it becomes effective or provides for the City to make any payment during
any of the City's fiscal years following the City's fiscal year in which this Contract
becomes effective and the City fails to appropriate funds to make any required Contract
payment for that successive fiscal year and there are no funds from the City's sale of
debt instruments to make the required payment, then this Contract automatically
terminates at the beginning of the first day of the City's successive fiscal year of the
Contract for which the City has not appropriated funds or otherwise provided for funds
to make a required payment under the Contract.
D. Liability and Indemnity. Any provision of any attached contract document that limits the
Contractor's liability to the City or releases the Contractor from liability to the City for actual or
compensatory damages, Toss, or costs arising from the performance of this Contract or that
provides for contractual indemnity by one party to the other party to this Contract is not
applicable or effective under this Contract. Except where an Additional Contract Document
provided by the City provides otherwise, each party to this Contract is responsible for defending
against and liable for paying any claim, suit, or judgment for damages, loss, or costs arising
from that party's negligent acts or omissions in the performance of this Contract in accordance
with applicable law. This provision does not affect the right of either party to this Contract who is
sued by a third party for acts or omissions arising from this Contract to bring in the other party to
this Contract as a third -party defendant as allowed by law.
E. Assignment. The Contractor shall not assign this Contract without the prior written consent
of the City.
F. Law Governing and Venue. This Contract is governed by the law of the State of Texas and
a lawsuit may only be prosecuted on this Contract in a court of competent jurisdiction located in
or having jurisdiction in Brazoria County, Texas.
G. Entire Contract. This Contract represents the entire Contract between the City and the
Contractor and supersedes all prior negotiations, representations, or contracts, either written or
oral. This Contract may be amended only by written instrument signed by both parties.
H. Independent Contractor. Contractor shall perform the work under this Contract as an
independent contractor and not as an employee of the City. The City has no right to supervise,
direct, or control the Contractor or Contractor's officers or employees in the means, methods, or
details of the work to be performed by Contractor under this Contract. The City and Contractor
agree that the work performed under this Contract is not inherently dangerous, that Contractor
will perform the work in a workmanlike manner, and that Contractor will take proper care and
precautions to insure the safety of Contractor's officers and employees.
I. Dispute Resolution Procedures. The Contractor and City desire an expeditious means to
resolve any disputes that may arise between them regarding this Contract. If either party
disputes any matter relating to this Contract, the parties agree to try in good faith, before
bringing any legal action, to settle the dispute by submitting the matter to mediation before a
third party who will be selected by agreement of the parties. The parties will each pay one-half
of the mediator's fees.
J. Attorney's Fees. Should either party to this Contract bring suit against the other party for
breach of contract or for any other cause relating to this Contract, neither party will seek or be
entitled to an award of attorney's fees or other costs relating to the suit.
K. Severability. If a court finds or rules that any part of this Contract is invalid or unlawful, the
remainder of the Contract continues to be binding on the parties.
IV. Special Terms or Conditions. None.
V. Additional Contract Documents. The following specified documents attached to this Contract are
part of this Contract, except as follows: any provision contained in any of the Contractor's Additional
Contract Documents specified below that conflicts with a Contract provision not included in the
Contractor's Additional Contract Documents, does not apply to this Contract.
A. Contractor's Additional Contract Documents:
1. The contractor's proposal #25 -TX -160204 shall be construed as additional contract
documents (Exhibit B).
2. Executed Contractor Insurance Requirements & Agreement (required insurance
certificate[s] shall be in possession of City prior to actual commencement of work).
3. Performance and Payment Bonds, each in the amount of $282,938.
B. City's Additional Contract Documents:
1. Scope of Services as listed on the attached.
EXHIBIT A
CONTRACTOR'S SCOPE OF SERVICES
Scope of services provided shall consist of performing the roof repairs on the Tom Reid Library, per the
specifications of proposal #25 -TX -160204 and the U.S. Communities/Master Intergovernmental
Cooperative Purchasing Agreement #14-5903; City Council Resolution #R2016-76.
Pricing as follows per contractor's response to the same, as listed below:
Line Description Extended
1
Labor & Non Garland Materials
$112,777
2
Roofing Materials
$133,609
3
Insurance
$3,974
4
Bonds
$3,296
5
General Conditions
$29,282
$282,938
since 1 895
EXHIBIT B
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 Pearland
Library Roof Replacement
Date Submitted: 04/28/2016
Proposal #: 25 -TX -160204
MICPA # 14-5903
Josign-Euikl Solutions, Inc.
DBS
A ubst:kary ofGar:sr4 In his!rie
Please Note: The following estimate is being provided according to the pricing established
under the Master Intergovernmental Cooperative Purchasing Agreement (MICPA) with Cobb
County, GA and U.S. Communities. This estimate should be viewed as the maximum price an
agency will be charged under the agreement. 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: Pearland Library Roof Replacement
1 Completely remove existing single -ply roofing membrane at the base flashings and
related roofing components. At clear story walls, 5" selvedge lap is to be left in place.
2 Repair and/or replace and wet or damaged insulatiuon to match existing size and
configuration.
3 Install new treated wood blocking at the parapet wall as required, in accordance with
Factory Mutual Research 1-49 loss prevention data, in preparation for the new coping
cap.
4 Mechanically fasten new 2" Polyisocyanurate and 0.5" high-density gypsum cover
board in strict accordance with ASCE 7-05 wind uplift calculations.
5 Fully adhere flame -resistant 45 degree cant strips at all walls and curb -type
penetrations.
6 Fully heat -fuse one ply of smooth surfaced, SBS Modified, bituminous roofing
membrane to the prepared substrate in accordance with manufacturer's current printed
guidelines.
7 Install new 4 Ib. lead flashings at all existing plumbing vents and roof drain locations.
All leads shall be primed on both sides of the flange and set in a liberal bed of asphalt
mastic.
8 Fabricate and install new 24 gauge 304 Stainless Steel pitch pans, pipe hoods, gravity
vents, hoods/bonnets and overflow scuppers. All stainless steel roofing accessories
shall be primed on both sides of the flange and set in a liberal bed of asphalt mastic.
9 Strip in all lead flashings and flange -type penetrations with one ply of smooth surfaced,
SBS Modified, bituminous roofing membrane.
10 Fully heat -fuse one ply of 195 mil white mineral surfaced, SBS Modified, bituminous
roofing membrane to the prepared substrate in accordance with manufacturer's current
printed guidelines. Minerals shall be broadcast into the hot asphalt bleed -out to create
a monolithic appearance.
11 Install new 2 -ply SBS Modified base -flashing system at all walls and curb -type
penetrations.
12 Install new extruded aluminum termination bar at the top of all base -flashings and seal
with a three -course reinforcement of asphalt mastic and PVC mesh.
13 Coat all base -flashing assemblies with a two coat application of white acrylic,
commercial roofing grade reflective coating.
14 At clear story walls and curb -type penetrations, fabricate and install new pre -finished
24 gauge galvanized counter -flashings with hurricane clips ever 24" on center.
15 Install new bituminous waterproofing underlayment to all new treated perimeter
blocking at the parapet wall.
16 Install new 24 gauge pre -finished galvanized coping cap system for all parapet wall
conditions.
17 Provide T.W.I.A. WPI -8 Certificate of Compliance.
18 Provide contractor's 2 -Year labor guarantee.
19 Provide Manufacturer's 30 -Year, No Dollar Limit, leak -free warranty and 20 year finish
warranty on all metal components.
Pearland Library Roof Replacement:
Proposal Price Based on Competitive Bid Results: $ 282,938
Competitive Bid Results:
Texas Liqua Tech Services, Inc. $ 282,938
F.W. Walton, Inc. $ 294,466
John A. Walker Roofing Co., Inc. $ 316,976
Pyramid Waterproofing, Inc. $ 332,958
Bid Breakdown (Texas Liquatech Services, Inc.):
Labor & Non Garland Materials: $ 112,777
Roofing Materials: $ 133,609
Insurance: $ 3,974
Bonds: $ 3,296
General Conditions: $ 29,282
TOTAL: $ 282,938
*General Conditions include: Freight, Engineering, Permits, Overhead and Profit
Unforeseen Site Conditions:
Wood Blocking (Nailer) Replacement
Decking Replacement
$ 4.28 per Linear Foot
$ 10.83 per Square Foot
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. Proposal pricing
valid through 12/31/2016.
If you have any questions regarding this proposal, please do not hesitate to call me at my
number listed below.
Respectfully Submitted,
711441 E9eut
Matt Egan
Garland/DBS, Inc.
(216) 430-3662