Resolution No. 2018-41 Awarding Bid for Waterproofing & Joint Sealing for Government Center to Garland DBS Inc. - May 1, 2018 RESOLUTION NO. 2018-41
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
TO GARLAND/DBS INCORPORATED, FOR THE WATERPROOFING
AND JOINT SEALING FOR THE GOVERNMENT CENTER FOR THE
INDIVIDUAL BID PRICE CONTAINED IN ATTACHED EXHIBIT "A";
AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED
CONTRACT IN ATTACHED EXHIBIT "B"; AUTHORIZING THE CITY
MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO
CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE
APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID
AWARD; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Manager of the City of Aventura, Florida has, pursuant to the
various laws of the State of Florida and the Code of the City of Aventura, properly solicited
and accordingly accepted bids through Garland/DBS Incorporated (a U.S. Communities
Government Purchasing Alliance) for the Waterproofing and Joint Sealing for the
Government Center; and
WHEREAS, sealed bids have been submitted to and received by Garland/DBS
Incorporated, (a U.S. Communities Government Purchasing Alliance), invitation to
bid/notice to bidders, specifications, proposals and requirements for the project/work as
cited above; and
WHEREAS, staff has determined that Garland/DBS Incorporated, has submitted
the lowest responsible and responsive bid according to and follows the City's purchasing
requirements for said project/work; and
WHEREAS, the City Commission, upon the recommendation of the City Manager,
is therefore desirous of awarding said bid/contract to Garland/DBS Incorporated.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1. That agreement for the Waterproofing and Joint Sealing for the
Government Center is hereby approved for Garland/DBS Incorporated, at the bid price
as contained in the attached bid documents.
City of Aventura Resolution No. 2018-41
Section 2. That the City Manager is hereby authorized to execute, on behalf of
the City, a contract by and between the party embodying the terms, conditions, and
specifications as set forth in the bid specifications, and bid requirements, and said parties
shall execute said prepared contract on behalf of the City.
Section 3. That the City Manager is hereby authorized and requested to take all
necessary and expedient action to carry out the aims of this Resolution in awarding this
bid/contract.
Section 4. That the funds to be allocated and appropriated pursuant hereto and
for the purpose of carrying out the tenets of this Resolution shall be from Budget Line
Item Number 001-9001-590-46.20 Government Center Building Account with a budget
amendment to be presented at a later date.
Section 5. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Shelley, who moved its
adoption. The motion was seconded by Commissioner Landman, and upon being put to
a vote, the vote was as follows:
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Gladys Mezrahi Yes
Mayor Enid Weisman Yes
PASSED AND ADOPTED this 1st day of May, 2018.
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City of Aventura Resolution No. 2018-41
`€NID ISMAN, MAYOR
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ATTEST:
ELLISA L. HORVAT 1' C
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
1-4 P17\ It^LYn
CITY ATTORNEY
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Garland/DBS, Inc.
3800 East 91St Street DesigmBuildSolutions.Inc
.
GARLAND Cleveland, OH 44105 D B S
Phone: (800) 762-8225 ASubsidary01Garland lndustnes
since 1 8 9 5 Fax: (216) 883-2055
ROOFING MATERIAL AND SERVICES PROPOSAL
Waterproofing and Joint Sealant
Aventura City Government Center
19200 W. Country Club Dr.
Aventura, FL 33180
Date Submitted: 03/08/2018
Proposal #: 25-FL-180239
MICPA# 14-5903
Florida General Contractor License #: CGC1517248
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 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: Below Grade Waterproofing
1. Remove all dirt and debris from sides of building and planter down to footer.
2. Pressure wash and thoroughly clean side of building. Ensure any old waterproofing
material is removed.
3. Allow to dry 24hrs.
4. Using a trowel apply BoneDry TG onto the concrete wall and top of footer.
5. Allow system to cure for 24hrs.
6. Install Bilar membrane over wall and cover entire footing using spray adhesive.
7. Install drain max 500 per detail using construction adhesive.
8. Install a drain to evcuate water from the foot to a minimum of 10' away.
9. Reinstall all dirt and replace sod.
'Proposal Price Based Upon Market Experience: $ 31,945
Garland/DBS Price Based Upon Local Market Competition:
1 Precision Painting and Waterproofing $ 31,945
2 Roof Painting by Hartzel $ 70;474
Scope of Work: Dura-Walk
1. Repair/ prepare concrete per specifications.
2. Prime concrete using 2 part epoxy primer per specifications.
3. Apply Dura-Walk 1 component polyurethane coating per specifications. Base / Wear/
Top Coats.
4. Install Flashing and Joint Reinforcing Fabric ( Dura-Walk Polyester Tape) Neoprene
sheet flashing and related materials as required for flashing drains, base angles. etc.
Refer to Specifications for additional details.
Proposal Price Based Upon Market Experience: $ 17,497
Garland/DBS Price Based Upon Local Market Competition:
1 Precision Painting and Waterproofing $ 17,497
2 Roof Painting by Hartzel $ 30,815
Scope of Work: Vertical and Horizontal Joint Sealants
1. Tool out existing sealant and backer rod in all building vertical joints in selected area by
blunt tool ,mechanical routing and grinding.
2. Grind all rough edges at 45 degree angle to allow proper bond.
3. Apply polyurethane based sealant as specified. Sealant should be applied in
continuous operation using sufficient pressure to fill the joint and make complete
contact to the joint sides.
4. Joints should be masked to ensure a neat appearance.
5. Repair any cracks larger than 1/8" by routing out, cleaning and installing concrete
patching per application data sheet and specifications.
6. Measure joint dimensions and size materials to achieve required width/depth ratios.
Install joint backing and release tape per manufacturer specification.
Proposal Price Based Upon Market Experience: $ 18,645
Garland/DBS Price Based Upon Local Market Competition:
1 Precision Painting and Waterproofing $ 18,645
2 Roof Painting by Hartzel Included in Waterproofing
Scope of Work: Damp Proofing of Porous Concrete
1. All surfaces to be treated must be free of all dirt, excess mortar, loose particles and all
foreign materials. Remove salt deposits from previous efflorescence by washing with
diluted muriatic acid and flush with water. Grease and oil stains must be removed using
high strength detergents or cleaning solvents.
2. Repoint mortar where damaged. Repair all cracks more than 1/8"
3. Apply Seal-A-Pore with a wide brush or spray until the surface appears shining wet.
When using a brush for application, just dab or splash the material on. Seal-A-Pore is a
thin coating and does not brush out like paint. When spraying use a nozzle with a
coarse, round tip to obtain a generous rather than a fine, misty spray.
Proposal Price Based Upon Market Experience: $ 11,506
Garland/DBS Price Based Upon Local Market Competition:_
1 Precision Painting and Waterproofing $ 11,506
2 Roof Painting by Hartzel $ 26,912
Potential issues that could arise during the construction phase of the project will be addressed
via unit pricing for additional work beyond the scope of the specifications. This could range
anywhere from wet insulation, to the replacement of deteriorated wood nailers. Proposal pricing
valid through 12/31/2018.
Clarifications/Exclusions:
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. 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,
Poe Seo
Joe Slovasky
Garland/DBS, Inc.
(216) 430-3523
CONTRACT
Project#25-FL-180239
BETWEEN CITY OF AVENTURA OF MIAMI-DADE COUNTY,AND GARLAND/DBS,
INC. FOR THE AVENTURA CITY GOVERNMENT CENTER WATERPROOFING &
JOINT SEALANT PROJECT.
1.) This CONTRACT is made at Cleveland, OH, as of the 4day of April 2018
("Effective Date"), by and between City of Aventura in Miami-Dade County located at
19200 West Country Club Drive,Aventura, FL 33180 (hereinafter designated the
"CUSTOMER"), and Garland/DBS, Inc., located at 3800 East 91 Street, Cleveland,
Ohio 44105-2197, (hereinafter designated the"CONTRACTOR").
2.) The CONTRACTOR shall furnish all material, labor, equipment, and tools necessary for
the Aventura City Government Center located in Aventura, FL as well as all work
incidental and pertinent thereto, (hereinafter designated the "Project") all in accordance
with the original proposal dated 3/8/2018, submitted by the CONTRACTOR(hereinafter
together designated the "Specifications"), a copy of which is attached hereto as Exhibit A
and incorporated herein. In the event of any conflict, ambiguity, or inconsistency between
the terms contained in this CONTRACT and the Exhibits,the terms set forth in this
CONTRACT shall govern and control.
3.) The term of the CONTRACT shall begin on the Effective Date first written above,and
shall be completed jadays thereafter, unless sooner terminated as permitted herein, or
unless extended by agreement of the parties set forth in writing. The work shall commence
within ten(10) days from the date that CONTRACTOR receives a copy or original of the
fully executed CONTRACT, which receipt shall be considered Notice to Proceed. The
CONTRACTOR is required to submit to the CUSTOMER a Certificate of Insurance and
Performance and Payment bonds prior to commencing work. In addition, the work shall be
scheduled as agreed upon by the parties.
4.) The sums to be paid to the CONTRACTOR shall be at the bid price(s) shown on the
Specifications, and the total to be paid to CONTRACTOR shall be a maximum of
879.593.00, as set forth in the purchase order and Exhibit A. Invoices shall provide details
of all Project expenses as permitted in this CONTRACT. CONTRACTOR shall apply no
late charges, interest or penalties to any invoice or charges for services until 30 days from
the CUSTOMER receipt of the invoice. If this CONTRACT is terminated for convenience
for any reason, then the CONTRACTOR shall be paid pro rata for all services performed,
materials purchased, and administrative costs incurred, including lost profit,to the
effective date of termination.
5.) If the CUSTOMER wishes to terminate the CONTRACTOR for cause due to the failure of
CONTRACTOR to perform as required under this CONTRACT and/or in a manner
consistent with the degree of care and skill ordinarily exercised by members of the same
profession currently practicing under similar circumstances, then the CUSTOMER must
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provide the CONTRACTOR with written notice of said failure to perform. The
CUSTOMER must give ten(10)working days from the CONTRACTOR's receipt of the
Notice to Cure for the CONTRACTOR to cure or take reasonable action to commence to
cure the performance concerns specified. If the CONTRACTOR does not take appropriate
action within the ten(10) day period,the CUSTOMER may issue a Final Notice to Cure.
The CONTRACTOR will have an additional five(5)working days from the receipt of the
Notice to Cure to cure or take reasonable action to commence to cure before the
CUSTOMER can terminate the CONTRACT. If the CONTRACTOR is terminated for
cause,the CUSTOMER may provide or employ any necessary labor and materials in lieu
of CONTRACTOR to fmish part or all of the work under the CONTRACT or to
supplement the work of CONTRACTOR, and to deduct the cost thereof from any money,
then due or thereafter to become due to the CONTRACTOR; and if such cost shall exceed
the balance due to CONTRACTOR,then the CONTRACTOR shall pay the difference to
the CUSTOMER.
6.) The CUSTOMER may issue subsequent modifications to the Purchase Order(s)for
additional work that was not known or included in the Specifications that is found to be
needed during the work on the Project to complete the Project over and above the amount
set forth in this paragraph four(4) and in Exhibit A. CONTRACTOR must seek approval
from the CUSTOMER before performing any additional work. The CUSTOMER must
provide the CONTRACTOR written documentation of the modification to the Purchase
Order within three(3)business days of verbal approval. CONTRACTOR is not obligated
to perform additional work until written modification has been received from the
CUSTOMER,but may commence work based upon a reasonable assumption that written
modification will be issued. Incidental additional work performed by the CONTRACTOR
without CUSTOMER consent will be evaluated and considered for payment based upon
the work's merit. If the CUSTOMER determines the incidental additional work was not
included in the original scope of the project and required for the CONTRACTOR's
uninterrupted performance in fulfillment of the contract,then the CUSTOMER will
approve the CONTRACTOR's request for payment for incidental additional work.
7.) All the work done under this CONTRACT shall be performed under the oversight of
Joseph Kroll,the CUSTOMER'S representative. All notices hereunder shall be (a)in
writing; (b)delivered to the representatives of the parties at the addressees set forth in the
Specifications(Exhibit A),unless changed by either party by notice to the other party;and
(c)effective upon receipt.
8.) The CONTRACTOR shall furnish the CUSTOMER with a performance or contract bond
and a labor and material bond, each in the amount of$79393,00, a Certificate of
Workers' Compensation, and a Certificate of Insurance evidential of comprehensive
general liability insurance and property insurance with minimum coverage in amounts
reasonable to or exceeding what is normally expected for a comparable project in size and
scope. Further, said Certificate of Insurance shall name the City of Aventura, Florida as
an additional insured. Said Certificate of Insurance shall also provide that at least thirty
(30) days written notice shall be given to the CUSTOMER of any material change in, or
cancellation of, said insurance.
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9.) Should the CONTRACTOR at any time refuse or neglect to supply a sufficiency of
properly skilled workers or materials of the proper quality, or fail in any respect to
prosecute the work herein described with promptness and diligence,or fail in the
performance of any of the agreements contained herein,the CUSTOMER shall have the
right to immediately suspend all work,or any part thereof under this CONTRACT,upon
the CUSTOMER's issuance of a stop work notice to the CONTRACTOR and the
CONTRACTOR's confirmed receipt of the stop work notice. The work shall continue to
be suspended until such time as the CUSTOMER and CONTRACTOR have come to a
mutual agreement on how the work under the CONTRACT shall proceed. Should the
CONTRACTOR continue to refuse or neglect to supply a sufficiency of properly skilled
workers or materials of the proper quality, or fail in any respect to prosecute the work
herein described with promptness and diligence,or fail in the performance of any of the
agreements contained herein,then the CUSTOMER may,after following the procedures
listed in Section 5 above,terminate the CONTRACT for cause.
10.) The CONTRACTOR shall indemnify, save harmless, and defend the CUSTOMER from
and against all losses,claims, demands,payments, suits,actions,recoveries,and judgments
of every nature and description, made,brought, or recovered against the CUSTOMER by
reason of any negligent act or omission of the CONTRACTOR,its agents, its
subcontractors, or its employees,in the execution of the work herein contracted for.
11.) The CONTRACTOR has the right to request and be granted a Termination for
Convenience from the CONTRACT obligations if there is a joint determination from both
the CUSTOMER and the CONTRACTOR that the termination is in the best interests of
both parties, or if the CONTRACTOR believes the Termination for Convenience to be in
its best interests because a timely resolution,within ten(10) days from the CUSTOMER'S
receipt of written notification, will not be provided with regard to requests for information
(RFI),request for clarification,or requests for modification to the Purchase Order(s)due to
differing site conditions,vague Specifications,or unforeseen circumstances.Under a
Termination for Convenience,the CONTRACTOR shall be reimbursed for all justifiable
costs including price of supplies,services delivered,and administrative expenses,including
lost profit under the CONTRACT or Purchase Order.
12.)This CONTRACT shall be deemed to contain all the terms and conditions agreed to
between the parties,who both agree that no representations or promises of any kind
whatsoever have been made other than herein contained, and this CONTRACT shall be
binding upon both parties and their respective heirs,administrators,executors, successors,
and assigns.
13.)This CONTRACT is contingent upon receipt of a written purchase order from
CUSTOMER. All terms must be agreed upon by both parties.
14.) CUSTOMER shall have the right to approve all subcontracts or assignments of work equal
to or exceeding$10,000. CUSTOMER shall not unreasonably withhold,delay or condition
subcontracting or assignments,but may express final and binding disapproval of a
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proposed assignee or subcontractor. Should the CONTRACTOR be forced to choose a
different subcontractor/assignee that is of higher cost than the initial
subcontractor/assignee, due to the CUSTOMER's disapproval,the CONTRACTOR shall
be able to request and will receive approval from the CUSTOMER for a modification to the
CONTRACT to cover the additional cost. CONTRACTOR shall remain responsible for
the work of any agent or independent contractor to whom it assigns its Work,and any
assignment or subcontract shall incorporate the terms of this Contract into its contract
delegating its Work.
15.) If the Project involves construction of a public improvement at a cost exceeding the
threshold for payment prevailing wage rates of pay,each laborer, workman or mechanic
employed by the CONTRACTOR for performance of the Project herein described or by the
subcontractor shall be paid not less than the minimum rate of pay for the applicable pay
classification. The CONTRACTOR and their subcontractors who are subject to the
requirements of paying prevailing wages shall keep full and accurate payroll records
covering all disbursements of wages to their employees to whom they are required to pay
not less than the prevailing rate of wages. The CONTRACTOR and its subcontractors
shall deliver to the CUSTOMER a certified copy of their respective payrolls, within two
weeks of the CUSTOMER's request,for each pay period requested by the CUSTOMER.
16.)Payments to the CONTRACTOR shall be made at the rate of ninety-five percent(95%)of
the approved partial payment estimate for each monthly progress billing. The CUSTOMER
will retain five percent(5%) of every approved partial payment. The retained amount will
be paid to the CONTRACTOR no later than thirty(30)days following Final Acceptance of
the work. Upon completion and acceptance of the work,the CUSTOMER shall issue a
certificate attached to the final payment request that the work has been accepted by it under
the terms,promises and conditions of the CONTRACT.
17.)CONTRACTOR has been employed under this Contract as an independent contractor in
order to construct its portion of the Project. CONTRACTOR agrees that no authority has
been conferred upon it by CUSTOMER to hire any person(s) on behalf of CUSTOMER,
and CUSTOMER undertakes no obligation of any sort to CONTRACTOR's employees or
subcontractors. It is understood and agreed that the CONTRACTOR shall select,engage,
and discharge its employees, agents, or servants and otherwise direct and control their
services. CONTRACTOR will also comply with all laws concerning qualification to do
business and engage in the work involved under this CONTRACT and will file all returns
and reports required of it and pay all taxes and contributions imposed upon it.
18.)CONTRACTOR agrees not to discriminate against any employee or applicant for
employment because of age, race, color, religion, sex,or national origin.
19.)The CUSTOMER shall not be considered to have accepted possession of the work under
this CONTRACT until a notice of completion is issued to the CONTRACTOR by the
CUSTOMER or CUSTOMER's representative, or payment of the full CONTRACT
compensation is received by the CONTRACTOR, unless the Parties otherwise mutually
agree.
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20.) CONTRACTOR, at all times during its performance of its work under this CONTRACT,
shall keep the work site, grounds, and roof tops surrounding the work site free from
accumulation of waste materials or rubbish caused by its activities. Upon completion of
the work under this CONTRACT,the CONTRACTOR shall promptly remove all its waste
materials and rubbish from and about the work site, as well as, its tools, construction
equipment, machinery, and surplus materials, as to leave the work site "Broom Clean" or
its equivalent.
[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, authorized representatives of each party to this CONTRACT,
indicating their party's approval of the terms herein,have signed as of the dates set forth
below.
WITNESSES: GARLAND/DBS,INC.
1. %' _ - By:
2. j'j/ • Scott Craft
/ Printed Name
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0T - Title
Tax ID.No. 80-0525452
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" Date: 4/4/2018
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