HomeMy WebLinkAboutAgenda Report - August 15, 2012 C-11AGENDA ITEM Co _ 1
CITY OF LODICOUNCIL COMMUNICATION<IFOp'
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AGENDA TITLE: Adopt Resolution Authorizing City Managerto Execute Professional Services
Agreement with WMB Architects, of Stockton, for Design Services for Public Safety
Building First Floor Renovation Project ($60,820)
MEETING DATE:
PREPARED BY:
August 15, 2012
Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Managerto execute professional
services agreement with WMB Architects, of Stockton, for design
services for Public Safety Building first floor renovation project in the
amount of $60,820.
BACKGROUND INFORMATION: The City requested Qualification Statements from two local
architectural firms for the planning and design of tenant
improvementsto convert the existing Public Safety Building first
floor area, formerly used by the Police Department,for use by Fire Administration and the Parks,
Recreation and Cultural Services Department. The facility is located at 230 West Elm Street. The area
is approximately 6,000 square feet. The space will include offices, public lobby, public counters, ADA
access, ADA staff bathroom facilities, and associated staff support areas. There are currently 27 staff
members in the two departments. Other items included in the project are demolition, hazardous
materials abatement, new heating/ventilation/air conditioning equipment, new electrical service
equipment, new electrical and lighting, emergency generator, new fire alarm system, new
data/communications cabling, new doors and windows, new ceilings, new flooring and paint throughout,
and relocation of some existing Fire Administration office systems furniture.
Staff received proposals from WMB Architects ($60,820) and DellaMonica Snyder Architects ($126,056).
In accordance with City purchasing ordinance Section 3.20.075 Professional/Technical Services
Contracts, "Such contracts shall be awarded on the basis of professional qualifications and experience,
quality of service, past performance and negotiated prices." Staff is recommending awarding the
agreementto WMB based on demonstrated ability to perform the services in a timely manner and past
performance on City projects. The negotiated price for services includes architectural, electrical,
structural and mechanical design services through the bidding process and reimbursable expenses. The
design process is to be fast -tracked for completion and bidding in six months.
FISCAL IMPACT: Locating Fire Administration in the Civic Center complex will be more
convenientto the public for the building permit process. The office space
currently used by the Recreation Division will be utilized by the Parks staff,
which will make the Parks Annex once again available for rental.
APPROVED:
onradt Bartlam, City Manager
KAWPIPROJECTSWISCIPUCSFTYWSS 1st Floor Renovation 20121CAwardVNVBPS81stFloor.doc 8/6/2012
Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with WMB
Architects, of Stockton, for Design Services for Public Safety Building First Floor Renovation Project
($6D,820)
August 15, 2012
Page 2
FUNDING AVAILABLE: General Fund—Capital (1211) $60,820
���Ar�z
Jordan Ayers
Deputy City Manager/Internal Services Director
Aa &I jn'� —A A
F. Wally ndelin
PublicWorks Director
Prepared by Gary Wiman, Construction Project Manager
FWP/GW/pmf
cc: Interim Parks, Recreation and Cultural Services Director
Fire Chief
Construction Project Manager
K:\WP\PROJECTSWIISC\PBLCSFTY\PSB 1st Floor Renovation 2012\CAwardWMB PS131stFloor.doc 7/31/2012
PROJECT ARCHITECT AGREEMENT
PROJECT:
Public Safety Building 18t floor Renovation Project 2012
Located at 230 West Elm Street
PARTIES:
City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
ARCHITECT:
WMB Architects
5757 PacificAvenue Suite 226
Stockton, California 95207
DESIGNATED PERSONNEL:
(a) Principal in Charge: Larry Wenell
(b) Project Architect: Doug Davis
(c) Structural Engineer: Andre Mozaffari
(d) Mechanical Engineer: Mitchell Scheflo
(e) Electrical Engineer: Richard C. Smith
(f) Other:
TABLE OF CONTENTS
ARTICLE ONE:
ARTICLE TWO:
ARTICLE THREE:
ARTICLE FOUR:
ARTICLE FIVE:
ARTICLE SIX:
ARTICLE SEVEN:
ARTICLE EIGHT:
ARTICLE NINE:
ARTICLE TEN:
ARTICLE ELEVEN:
ARTICLE TWELVE:
ARTICLE THIRTEEN:
ARTICLE FOURTEEN
THE PARTIES AGREE THAT:
Project Description
Schedule of Services
Compensation and Payment
Definitions
Basic Services of Architect
Basic Services of City
Time
Additional Services
Termination of Agreement
Indemnity
Personnel
Standards of Performance
Miscellaneous Provisions
Extent of Agreement/Waiver
ARTICLE ONE: Project Description
The Architect shall provide services as described herein. The general design of the project
shall be as defined in the Request for Proposals (Exhibit "A)and by this document.
The project will consist of the following elements:
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The Architect will plan and design tenant improvements to convert the existing Public Safety
Building 1St floor space for use by City Fire Administration and Parks/Recreation/Cultural
Services Department. The facility is located at 230 West Elm Street in Lodi. The space is
approximately 6,000 square feet. The space will include offices, public lobby, public counters,
ADA access, ADA staff bathroom facilities, and associated staff support areas. There are
currently 27 staff members in the departments. Other items included (but not limited to) in the
project are:
I ) Demolition
2) Hazardous materials abatement
3) New HVAC equipment
4) New electrical service equipment
5) New electrical and lighting
6) Emergency generator
7) Newfire alarm system
8) Newdata/communications cabling
9) New doors and windows
10) New ceilings
11) New flooring and paint throughout
12) Some existing Fire Administration office systems furniture will be relocated.
The project will be designed to conform to the State of California standards and requirements.
A City of Lodi Building Permit is required.
ARTICLE TWO: Schedule of Services
A, Architect shall complete the required services consistentwith the schedule submitted in
the RFQ (24 weeks, not including City review time):
• Schematic (Conceptual) Design Phase — 4 weeks
• City Project Team Review time — 2 weeks
• Demolition Phase — 2 weeks
• Design Development Phase — 6 weeks
• City Project Team Review time — 2 weeks
• Construction Documents Phase — 8 weeks
• City Project Team Review time — 2 weeks
• Permit and Bid Phase — 4 weeks
B. Schedule is contingent on City meeting review schedule requirements.
ARTICLE THREE: Compensation, Method of Payment
A. Compensation for Basic Services
(I) Total compensation, including all expenses, shall not exceed $60,820.00. This
compensation includes all phases and services, including reimbursable expenses.
(Exhibit "B")
(2) Additional Services
(a) Additional services shall be defined as services not included as basic
services within this contract that the City directs the Architect to perform.
In the event of this direction, Architect shall be compensated pursuantto
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this section. Additional services will only be paid if documented in
advance in writing.
(b) Maximum rate per hour, including overhead, administrative costs, and
profit shall be as shown in Exhibit (fee schedule).
(c) With prior approval, the City shall pay for reimbursable expenses in
performing Additional Services. The payment shall be limited to actual
out-of-pocket expenses as reflected on an invoice or other proof of
payment.
(d) Payment for additional Services shall be made monthly upon presentation
of a statement of services in duplicate.
B. Phase Payment: Upon submittal of statements in duplicate, City shall pay as follows:
(1) The $60,820.00fee shall be broken down as follows:
Schematic Design $9,735.00 16%
Completion of Design Development $13,678.00 23%
Construction Documents Phase $31,121.00 51%
Bidding Phase $5,226.00 9%
Reimbursables $1,060.00 1%
Total $60,820.00 100%
Payment for this work shall be paid monthly upon submittal of a statement to the
City from the Architect.
ARTICLE FOUR: Definitions
A. Not used.
B. Major Categories of Work are those applicable categories of construction work
necessaryfor completion of construction of the entire project and may include, but not
be limited to, the following construction categories: demolition, general construction,
finishes, heating, ventilation, air conditioning modifications and improvements, plumbing
modifications and improvements, and electrical modifications and improvements.
C. Appropriate Authorities and Lending Agencies shall mean any private, local, municipal
county, state, regional authority or agency with which the project may be involved. This
term is intended to include those agencies and authorities which may require
information or the filing of drawings, project manual, etc., in connection with the project
on either a voluntary or nonvoluntary basis.
D. The Contract Administrator shall be the Public Works Director or his authorized
representative. He shall represent City in all matters except when approval is
specifically required by the City Council.
ARTICLE FIVE: Basic Services of Architect
A. Services in General: Architect shall
(1) Consult, as necessary, with authorized employees, agencies, and/or
representatives of City relative to the design and major categories of work.
(2) Cooperate with other professionals employed by City in the design of other work
related to the project.
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(3) Contract for, or employ at his expense, consultants to the extent he deems
necessaryfor design of the project, including Mechanical, Electrical, and
Structural Engineers licensed as such by the State of California, and other
consultants necessary for development of the project, as provided under
"Designated Personnel and Consultants" Paragraph 2. Nothing in the foregoing
procedure shall create any contractual relation between City and any consultants
employed by Architect under the terms of this Agreement.
(4) Designate Larry Wenell as the Principal in Charge who shall, so long as his
performance continues to be acceptable to the City, remain in charge of the
services for the project from beginning through completion of services provided
for in this Agreement. Designate Doug Davis as Project Manager.
(5) Assist City in fulfilling normal requirements set forth by appropriate authorities
whose interest bears on the design, cost, and construction of the project.
(6) Abide by necessary requirements of funding sources, such as auditing
requirements and payroll certifications, reviews of design by funding authorities,
and complete the work in compliance with designated funding deadlines.
B. Schematic Design Phase: Under this phase the Architect shall work with City staff to
ascertain the requirements of the Project and shall arrive at a mutual understanding of
such requirements with the City.
(�) The Architect shall provide a preliminary evaluation of the City's program and
schedule, each in terms of the other.
(2) The Architect shall review with the City alternative approaches to design and
construction of the Project.
(3) Based on the mutually agreed-upon program and schedule, the Architect shall
prepare for approval by the City, Schematic Design Documents consisting of
drawings and other documents illustrating the scale and relationship of Project
components.
(4) Provide a cost estimate based on the selected Schematic Design approach.
Cost estimate is to be a per square foot unit price estimate.
C. Development Phase: Under this Phase, the Architect shall complete the design
developmentwork relative to the Schematic Design.
(�) The Architect shall develop the approved schematic design approach. Based on
the approved approach, the Architect shall prepare Design Development
documents.
(2) The Architect shall review existing documentation, including building plans,
building utilities, utility easements, and investigate the facility as necessary.
(3) The Architect shall analyze existing utility connections, determine site features to
remain, and analyze impact of existing conditions.
(4) The Architect shall develop site plans, floor plans, furniture layouts, elevations,
and building sections as needed to fix and describe the project as to
architectural, structural, mechanical, and electrical systems.
(5) The Architect shall provide a reproducible document consisting of:
(a) Site plans indicating general location and nature of site improvements.
(b) Architectural, structural, mechanical, plumbing, and electrical floor plans,
furniture layout plans, and major equipment locations.
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(c) Exterior elevations and building sections.
(d) Outline specifications describing the major systems, materials, and items
to be used (installation procedures not required); a tentative room finish
schedule; the type of quality of interior and exterior materials; and the
specific structural materials, the mechanical and electrical systems, and
all major special systems and equipment to be used. The specifications
shall be organized into 16 divisions following the recommendations of the
Uniform System for Construction Specifications.
(6) The Architect shall provide City and updated Design Development documents for
review.
D. Construction Documents Phase: This phase commences only after the City has
approved the Architect's Design Development. Upon receipt of notice from the City to
proceed with the Construction Documents Phase, the Architect shall commence the
following services:
(1) Based upon the Design Development and any further adjustments in the scope
or quality, the Architect shall prepare, for approval by the City, Construction
Documents, consisting of drawings and a project manual, setting forth in detail
the requirements for the construction of the project. Such documents shall be
full, compete and accurate, giving such information as will enable a competent
builderto carry them out.
(2) The construction documents shall conform to and be consistent with the
previously approved Design Documents. The Architect shall incorporate no
modification thereto without prior consent of the City.
(3) If the City orders modifications to the approved design, the Architect shall
prepare additional Design Development Documents, Construction Documents,
and Construction cost Estimates, and shall receive compensation as an
Additional Service.
(4) The Architect shall, to the best of his ability, endeavor to prepare all drawings
and specifications in conformity with all applicable state and federal laws and
regulations.
(5) The Architect shall review and edit, as necessary, the form General Conditions
and Division 1 of the Specifications provided by the City. The City may accept or
rejectthe Architect's suggested changes, at its sole discretion.
(6) The Architect shall submit all required construction documents to the City as a
package, with all items completed. Architect shall submit documents to the City
of Lodi Building Department for Building Permit review. Contact the City Building
Departmentfor Permit submittal requirements. Bid Documents shall consist of
one original drawing set and original 8'/2- x 11 -inch specification book ready for
reproducing.
(7) The Architect shall make changes necessaryto comply with the City's review
comments and resubmit corrected documents.
(8) The Architect shall assist the City and the Construction Manager in developing a
construction schedule for the project.
(9) All drawings shall be provided in AutoCAD, latest version.
E. Bidding Phase:
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(1) The Architect, following the City's approval of the Construction Documents, shall
assist the City in obtaining bids from general contractors for construction. The
Architect shall receive bidder's questions, develop clarification as required, assist
the City in preparing addenda, and attend a prebid conference. The City will
administerthe overall bidding process.
a) Following the City's approval of the construction documents, the Architect
shall furnish to the City the original drawings of final working drawings for
signature and the original project manual. Project manual shall be on 8
'h x 11 -inch paper, unless otherwise approved by the City. For bidding
purposes, the Architect shall provide original drawings and the City shall
reproduce the drawings and project manual. All drawings shall be
provided on CAD format.
b) The Architect shall assist the City in interpreting the drawings and
specifications during the bidding process, and prepare addenda to the
drawings or specifications that may be required, but the City shall
approve all proposed addenda before delivery to interested bidders. The
Architect shall issue no addenda verbally or in writing to bidders.
C) The Architect shall participate in prebid conferences with interested
bidders and the City staff, at the City's request.
d) The Architect shall advise the City concerning acceptance or rejection of
bids for the project.
e) The City reserves the right to accept bids or to reject any or all bids
received.
F. Documents and Drawings:
(1) Documents and drawings shall consist of all documents, original and
reproducible tracings, plans and specifications, calculations, sketches, and
renderings prepared by the Architect which shall be the property of the City. The
Architect shall furnish the City with documents as the City requests, whether or
not complete, upon completion of the project, or upon suspension or termination
of this Agreement as provided hereinafter. The Architect shall have the right to
retain copies of documents and drawings for its records.
(2) The Architect shall furnish to the City for purposes of checking and approving
copies of:
a) Design Development/Contract Documents that are prepared by the
Architect at 30%, 65%, and 95% completion.
(3) The Architect shall furnish to the City for reproduction, original quality
reproducible drawings and specifications masters for bidding and construction.
(4) The Architect shall provide all drawings/changes on AutoCAD, latest version.
ARTICLE SIX: Basic Services of City
The City shall provide the following services and material to the Architect:
A. Building Information: The City shall provide the Architect with available plans and any
technical information concerning all buildings or spaces that are affected by the project,
including necessary site survey and topographical and soil information as well as
necessary telephone, communication and data requirements for the project.
B. Permits: The City shall pay for all required fees and permits. The Architect will advise
potential permit requirements.
PSB IST FLOOR RENOVATION2012 WMB ARCH AGREEMENT.DOc 6 06/28/12
C. The City shall assist the Architect in field investigations as requested and shall assist in
getting information in the form of drawings, reports, photographs and video tapes in a
timely manner to meet the project schedule.
ARTICLE SEVEN: Time
A. The Architect shall provide its professional services in accordance with the ordinary
standard of care, skill, and diligences customarily followed by architects and engineers
in this and similar communities.
B. The Architect shall comply with all response times or schedules specified in the project
manual or agreed to by the City.
C. Notwithstanding Paragraph B, the Architect shall respond with the ordinary standard of
care, skill, and diligence customarily followed by architects and engineers in this and
similar communities.
D. The City will pay for and assist in required review by agencies having jurisdiction over
this project.
E. Time is of the essence in performance of the work outlined herein. Neither party shall
be responsible for delays from causes beyond their reasonable control.
ARTICLE EIGHT: Additional Services
A. If the Architect is requested to provide additional services at any stage of the project
development, the City shall issue a written work order.
B. In addition to services specified elsewhere in this Agreement, the Architect shall receive
additional compensation for the following additional services:
(: I)o Revision of previously approved drawings and/or specifications, or failure of the
City to meet schedule of services (Article Two), which incur cost to the Architect
as the result of action by the City when not otherwise the Architect's
responsibility pursuant to this Agreement.
(2) Making planing surveys, feasibility studies, and special analysis of the City's
needs to clarify requirements for project programming.
(3) Supervision of repair of damage to the structure when so directed by the City.
(4) Additional services caused by the delinquency or insolvency of the contractor.
(5) Travel and per diem outside of San Joaquin County when the City directs the
travel in writing prior to commencing travel.
ARTICLE NINE: Termination of Agreement
A. Either party may terminate this Agreement upon thirty (30) days written notice should
the other party fail substantially to perform its terms through no fault of the party
initiating the termination.
B. The City, at its sole discretion, may terminate this Agreement upon at least seven (7)
days written notice to the Architect.
C. Upon termination of this Agreement or suspension of work by either party, the Architect
shall furnish to the City before further payment by the City all documents and drawings
prepared under this Agreement, whether complete or incomplete. Such documents and
designs shall become the City's exclusive property, free of claim or encumbrance by the
Architect.
D. In the event of termination not the fault of the Architect, the Architect shall be
compensated for all services performed to termination date, together with compensation
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for Additional Services completed, less amounts paid to date. No additional payment
will be made to the Architect other than for actual services completed as described
above. Total amount of such compensation shall not exceed total amount payable at
completion of phase during which the termination occurred.
The rates for such compensation shall be as specified in Article Three. Acceptance by
the Architect of such payment shall constitute a complete accord and satisfaction
between the parties.
ARTICLE TEN: Indemnity
A. Indemnity. The Architect shall defend, indemnify, and save harmless the City, its
officers, consultants, and employees from and against any and all claims, demands,
losses, defense, costs, or liability which the City, its officers, consultants, and/or
employees may sustain or incur, or which may be imposed upon them for injury to or
death of persons, or damage to property to the extent caused as a result of or arising
out of the negligent acts, errors or omissions of the Architect during the performance of
services underthe terms of this Agreement.
B. Professional Liability/Errors and Omissions Insurance: During the entire term of this
Agreement, the Architect shall obtain and maintain in full force and effect professional
errors and omissions (malpractice) liability insurance, which shall include the following
provisions:
(1) Policy Limits: Policy limits of said insurance shall be no less than $2,000,000
limit per claim and in the aggregate.
(2) Extended Claim Coverage: The Architect shall maintain professional liability
insurance of the type generally available, insuring the Architect for a period of
one year following completion of the services provided under this Agreement,
providing such insurance is available.
C. Public Liability and Property Damage Insurance:
(1) During the term of this Agreement, the Architect will at all times maintain, at his
expense, comprehensive general liability insurance naming the City, its City
Council, officers, agents, and employees as additional insured. Amount of such
policy shall be no less that $2 million combined single limit per occurrence and
for bodily injury including personal injury and property damage.
(2) Liability insurance shall contain the following endorsements:
(a) The City shall be added as an additional insured as respects operations
of the named insured performed under the contract with the City.
(b) It shall be agreed that any insurance maintained by the City shall apply in
excess of, and not contribute with, insurance provided by the contractor's
liability insurance policy.
(c) The Architect's liability insurance policy shall not be canceled or non -
renewed until after 30 days written notice has first been given the City.
(d) Coverage shall include claims arising out of the Architect's use of
automobiles.
(e) Liability shall not exclude liability assumed by written contract or
agreement.
(f) Liability insurance shall include broad form property damage insurance.
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(g) Prior to commencing services pursuant to this Agreement, the Architect
shall provide certificates indicating the existence of the insurance
required by this Agreement, on insurance certificates executed by a
duly -authorized agent of the Architect's insurance provider.
D. Workers'Compensation: The Architect shall provide workers' compensation coverage
as required by State law, and in signing this Agreement, makes the following
certification: "I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with such provisions before commencing the
performance of this Agreement." A Waiver of Subrogation against the City of Lodi is
required.
E. See Attached Insurance Requirements Exhibit "C"
ARTICLE ELEVEN: Personnel
A. The Architect shall assign only competent personnel to perform services pursuant to this
Agreement.
B. Supervision of Employees: All work or services performed by the Architect or
subcontractors of the Architect shall be by or under the direct supervision of registered
architects and/or engineers.
C. Designated Personnel and Consultants: A material covenant of this Agreement is that
the Architect shall assign the individuals designated above to perform the functions
designated. The Architect shall not assign other individuals or firms to perform the
services of the designated individuals and firms without the prior consent of the City.
D. Attendance at Meetings: Larry Wenell shall attend all design meetings called by the City
in regards to the project, unless his presence is waived by the City.
E. If the City, in its sole discretion at any time during the term of this Agreement, desires
the removal of any person assigned by the Architect to perform services, the Architect
shall remove such person immediately upon receiving notice from the City.
ARTICLE TWELVE: Standards of Performance
A. Professional Qualifications: The Architect represents that it is professionally qualified to
perform the work. The City, not being skilled in such matters, relies upon the
qualifications of the Architect to do and perform the work in a professional manner, and
the City's acceptance of the Architect's work does not operate as a release of the
Architect from responsibility to so perform the work.
B. License: The Architect shall secure and maintain throughout the term of this Agreement
all licenses, permits, qualifications, and approvals of whatsoever nature which are
legally required for the Architect to practice the profession or to perform the expert
professional services required by this Agreement within the State of California.
C. Compliance with Laws: The Architect will endeavor to see to it that the project, as
designed, will comply with all applicable federal, state, and local laws, ordinances,
regulations and permits in the performance of the Agreement and in the resulting
designs, including requirements of the California Code of Regulations.
D. Standards of Performance: The Architect shall perform all services required pursuant to
this Agreement in the manner and according to the standards observed by a competent
practitionerof the profession in which the Architect is engaged. All work products of
whatsoever nature which the Architect delivers to the City pursuant to this Agreement
shall be prepared in a manner conforming to the standards of quality normally observed
by a personal practicing in the Architect's profession.
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ARTICLE THIRTEEN: Miscellaneous Provisions
A. Meaning of Terms: Terms in this Agreement are intended and shall be construed as
having the same meaning as those terms have in the General Conditions of the
Contract for construction to be prepared by the City and submitted to interested bidders
during the Bidding Phase of the project.
B. Reuse of Plans:
(1) If the City reuses the plans in total or in part on this or any other site, or if the
City completes any uncompleted portion of the project, the Architect and all of its
consultants shall be relieved of at responsibilityfor the construction resulting
from such reuse unless the City enters into an agreement with the Architect for
services in connection therewith.
(2) The Architect shall not be entitled to any fees for such use of plans unless City
enters into an agreement with the Architect for services in connection therewith.
C. Non -Discrimination in Employment: The Architect shall comply with Section 1735 of the
Labor Code, which provides as follows: "No discrimination shall be made in the
employment of persons upon public works because of race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical condition, marital
status, or sex of such persons, except as provided in Section 12940 of the Government
Code, and every contractor for public works violating this section is subject to all the
penalties imposed for a violation of (Chapter 1 of Part 7, Division 2 of the Labor Code.)"
This requirement also includes the provisions and requirements contained in The
Americans with Disabilities Act.
D. Conflict of Interest:
(1) The Architect shall, at all times in performance of this Agreement, comply with
the law of the State of California regarding conflicts of interest, including, but not
limited to Article 4 of Chapter 1, Division 4, Title 1 of the California Government
Code, commencing with Section 1090, and Chapter 7 of Title 9 of said Code,
commencing with Section 87100, including regulation promulgated by the
California Fair Political Practices Commission.
(2) If any facts come to the Architect's attention which raise any questions as to the
applicability of this law, it will immediately inform the Contract Administrator and
provide all information needed for resolution of the question.
(3) Without limitation of the covenants in Subparagraphs 1 and 2, the Architect is
admonished hereby as follows: These statutes, regulations and laws include,
but are not limited to, a prohibition against any public officer, including contractor
for this purpose, from making any decision on behalf of the City in which such
officer has a direct or indirect financial interest. A violation occurs if the public
officer influences or participates in any City decision which has the potential to
confer any pecuniary benefit on contractor or any business firm in which
contractor has an interest of any type, with certain narrow exceptions.
E. Authority by City. This Agreement shall not be considered as giving exclusive authority
to the Architect for performing all services pertaining to the design and/or construction of
the project. The City may perform, or have performed, any phase, or any portion of any
phase, of the various professional services outlined in this Agreement without liability or
obligation to the Architect. If the City elects to do so, it shall give its prior written notice
to the Architect of the election, and the City agrees to defend, indemnify and hold
harmlessthe Architect and consultants from any and all actual damages which may
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arise out of such action by the City. This provision shall remain in effect and survive the
termination of this Agreement.
F. Assignment or Subletting: No performance of this Agreement or any portion thereof
may be assigned or subcontracted by the Architect without the express written consent
of the City, and any attempt by the Architect to do so without the City's prior written
consent shall be null and void and constitute a material breach of this Agreement.
However, this clause shall not prohibit the Architect from independently contracting with
subcontractors or subconsultants on contract to the Architect, to enable the Architect to
perform the professional services for the City required by this Agreement. In such
event, the Architect shall remain responsible and liable for the work product of any
subcontractor or subconsultant.
G . Independent Contractor. It is understood and agreed that the Architect is an independent
contractor and is not subject to the direction nor control of the City except as to final
result. The Architect shall be solely responsible to pay all required taxes and other
obligations, including, but not limited to withholding and social security. The Architect
agrees to indemnify and hold the City harmless from any liability referenced in this
paragraph which the City may incur to the federal or state governments as a consequence
of this Agreement.
H. Successors: This Agreement shall inure to the benefit and bind the successors of each
of the parties.
Records: The Architect shall maintain complete and accurate accounting records
showing the services performed in connection with performance of this Agreement, the
phase during which such services were performed, and the identity of the person(s)
performing such services. The Architect shall make such records available for
inspection by authorized representatives of the City at any reasonable time during the
performance of this Agreement and for the period specified by the City, no less than five
(5) years from and after the date of final payment.
J. Notice: Any notice, demand, request, consent approval or communication that either
party desires or is required to give the other party shall be in writing and either serviced
personally or sent by prepaid first-class mail, or the equivalent thereof by private carrier.
Any such writing shall be addressed to the address appearing on the first page.
K. The City acknowledges that the Architect has no special knowledge or expertise with
regard to asbestos or other pollutants and that the Architect cannot obtain insurance
coverage for claims involving hazardous, toxic, and/or asbestos -containing materials or
other pollutants. Therefore, the Architect, its agents, subconsultants and employees
shall have no responsibility for, and the City agrees to bring no claim against the
Architect, its agents, subconsultants and employees, relating to the investigation,
detection, abatement, replacement, or removal of asbestos material, or relating to
sudden or gradual escape or release of hazardous contaminants of any kind into or
upon the land, the atmosphere, or any water course or body of water, excepting only
such claims which arise out of the sole negligence or willful misconduct of the Architect,
its agents, employees, or subconsultants.
L. GoverningLaw: This Agreement shall be construed in accordance with and governed
by the laws of California and any legal action arising therefrom shall be initiated in the
courts of San Joaquin County, Stockton, California.
ARTICLE FOURTEEN: Extent cf AgreementlWaiver
A. This Agreement represents the entire and integrated agreement between the City and
the Architect and supersedes all prior negotiations, representations, or agreements,
PSB 1STFLOOR RENOVATION 2012WMBARCH AGREEMENT. DOG 11 06/28/12
either written or oral. This Agreement maybe amended only by written instrument
signed by both the City and the Architect.
B. The waiver by the City or any of its officers or employees, or the failure of the City or any
of its officers or employees to take action with respect to any right conferred by or any
breach of any term, covenant, or condition of this Agreement shall not be deemed to be
a waiver of such term, covenant, or condition, or subsequent breach of the same, or of
any other term, covenant, or condition of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
day of ,2012.
By;
Title
(CORPORATE SEAL)
CITY OF LODI
By:
Konradt Bartlam, City Manager
Date:
Attest:
Randi Johl, City Clerk
Approved as to form:
D. Stephen Schwabauer, City Attorney
PSB 1ST FLOOR RENOVATION 2012 WMB ARCH AGREEMENTMOC 12 06/28/12
CITY COUNCIL CITY OF LODI
JOANNE MOUNCE, Mayor
ALAN NAKANISHI, PUBLIC WORKS DEPARTMENT
Mayor Pro Tempore CITY HALL, 221 WEST PINE STREET / P.O. BOX 3006
LARRY D.HANSEN LODI, CALIFORNIA 95241-1910
BOB JOHNSON TELEPHONE (209) 333-6706 / FAX (209) 333-6710
PHIL KATZAKIAN EMAIL pwdept@lodi.gov
http://www.lodi.gov
May 16,2012
Wenell Mattheis Bowe
Attn: LarryWenell
246 E. Main Street
Stockton, CA 95202
Exhibit A
KONRADT BARTLAM,
City Manager
RANDI JOHL,
City Clerk
D. STEPHEN SCHWABAUER,
City Attorney
F. WALLY SANDELIN,
Public Works Director
SUBJECT: Request for Qualifications and Proposal — Public Safety Building 1s' Floor
Renovation Project 2012
The City of Lodi is requesting Qualification Statements and Proposals for the planning and
design of tenant improvements to convert the existing Public Safety Building 1st floor space
to use by City Fire Administration and Parks/Recreation/Cultural Services Department.
The facility is located at 230 West Elm Street in Lodi, The space is approximately
6,000 square feet. The space will include offices, public lobby, public counters, ADA
access, ADA staff bathroom facilities, and associated staff support areas. There are
currently 27 staff members in the departments. Other items included (but not limited to) in
the project are:
1) Demolition
2) Hazardous materials abatement
3) New HVAC equipment
4) New electrical service equipment
5) New electrical and lighting
6) Emergency generator
7) New fire alarm system
8) New data/communications cabling
9) New doors and windows
10) New ceilings
11) Newflooring and paint throughout
12)Some existing Fire Administration office systems furniture will be relocated.
The existing facility was built in 1967. The original utilities are located in the building
basement and are still in service. The City intends to create a new electrical service
room and HVAC room on the 1st floor to serve the project area. Coordination with and
verification of existing services will be key, Some existing facility documents are
available for the Designer's use, but the majority of information will need to be obtained
from field investigation work by design team members.
K:\WP\PROJECTS\MISC\PBLCSFTY\PSB 1st Floor Renovation 2012\PSB 1st Floor Design RFP- WMB.doc
Wenell Matthew Bowe
May 18, 2012
Page 2
The building also houses Fire Station No. 1 and the Finance Department, which must
remain in service during construction of the tenant improvements related to this project.
The City anticipates a very aggressive schedule for this project. The City would like to be
ready to begin the tenant improvement work as soon as possible. Please anticipate that
you will have six months from the execution of the contract to have complete building
permitted plans and specifications ready for bidding. Your schedule should reflect the
necessary staff and time to meet this schedule. The Qualification Statement should
include information (resume) of the staff that will actually perform the work on the project,
including consultants.
Your schedule for services should include all services for planning, space needs,
schematic design, design development, and construction documents. The contract will
be the City of Lodi standard Project Architect Agreement, a sample of which is enclosed
for your information. Please include a proposal (in the format attached in the Project
Architect Agreement, Article Three B), fee schedule and an anticipated schedule for your
work.
The firm selected will be charged with designing a remodel plan which best uses the
existing structure's available floor space, including construction drawings, specifications
and construction administration.
The selection process will consist of review of the Qualification Statements and Cost
Proposals, selection of a preferred firm and approval of contract by the City Council. The
City will be looking for a firm that can demonstrate innovative approaches and ideas and
is willing to work with City staff during the design phase. Experience in working for public
agencies is important. Five (5) copies cf the Qualification Statements are due no
later than 5:.00 p.m. on June 21, 2012, at:
City of Lodi Public Works Department
Attn: Gary Wiman
221 West Pine Street
Lodi, CA 95240
If you have any questions on this RFP, please contact me at (209) 333-6706.
Submissions will be reviewed by representatives from the City of Lodi, including:
Public Works Director, City Engineer, Parks/Recreation/Cultural Services Director and
Fire Chief. The selected firm should be notified the week of July 2, 2012.
Sincerely,
Gary R. Wiman
Construction Project Manager
GRW/pmf
Enclosure
Exhibit B
Public Safety Build ingist Floor RenovationProjectao7a
Proposed Scope of Work
Provide architectural design servicesfor the demolition of existingimprovements
and construction of new 6,000 sf tenant improvements in the PublicSafety Build-
ing First Floor for Fire Department Administration and Park/Recreation/Cultural
Services Department. Because it is difficult to establish a comprehensive set of
documents without being able to visually see the infrastructure, we recommend
adding an additional demolition phase between the Concept Design and Design
Development phases.
Schematic (Conceptual) Design Phase
Evaluatethe City's design program with the Project Managerand verify pro-
gram room sizingand public/staff interactions and circulation.
o Meetwith FireAdministration and Park/Recreation/Cultural Servicesstaffto
review program issues (if required).
Develop conceptual design alternatives and reviewwith Project Manager
(and City staff as required).
Develop schematic d es ig n d ocu m e nts &966) consistingoffloor plans and
conceptsfor new electrical service, mechanical and pIumbingsystems.
o Preparea budget cost estimate based upon per squarefoot unit prices.
Demolition Phase
Based upon the approved conceptual fIoor plan create asetofdemolition
documents (plansand specifications) t o include the removal o f
o All floorcoverings
o Selected Non-bearingwalls
o Doors
o Suspended ceilings
o Gypsum board ceilings
o Electricalfixturesand whips
o Mechanical registers and ductingextensions (trunks to remain)
o Electricalconduit, wiring, outlets, etc, in demolished walls; cap off
o Plumbingfixtures,cap off inwallsorfloors
o Blinds, paneling,wall coverings, decor, etc.
The Citywill separately employa licensed Hazmatcompanyto removeall
hazardous materials identified bythe City's Hazardous MaterialsSurvey
Design Development Phase
Based upon the approved conceptual design, develop design development
documents (65%) to include:
o Site plans illustratinglocation and nature of site developments, access
from public way and accessible parking, bicycle parking, benches, sig-
nage, etc,
o Exteriorelevations illustrating new windows, entry doors, canopies,
signage, etc.
o Build ingcross sections I wall sectionsas maybe required
o Architectural, mechanical, electrical (structural, if required) floor plans
showingfurniture and majorequipment
o Finishesscheduleandfinish materialsboard
o Door and window schedule
o Mechanical and electrical schedules illustrating majorsystemsand
equipment
o Outline specifications based upon CSI format.
Construction Document Phase
• Itisassumedthatatthe beginningofthis phasethe majordemolition
contractwill becompleted sothe architect and engineers can havevisual
investigation of all remaining infrastructure.
• Provide construction documents to include:
o Site plans
o Site details
o Demolition plan (for remainingdemolition)
o Code compliance sheets
o Floorplan
o Enlarged plans itoilet accessories
o Exterior elevations ( exterior finishes
o Build ingsections I wall sections
o Roof plan and details (if required)
o Doorand window schedules and details
o Finishes schedule
o Reflected ceiling plan
o interior elevations (as required for clarity)
o Mechanical(plumbingand HVAC) plans, shedules, detailsand energy
calculations
o Electricalplans(senrice, power, lighting, communications, fire alarm),
schedules, detailsand energy calculations
o Completed specifications
• Provideg5%check setfor Project Managerl Citystaff review
• Submitto City Plan Checkingprocessand provide corrections I responsesto
plan check.
Bidding Phase
® Following approval of the construction documents, the Architect will assist
the City in biddingthe project:
o Attend Pre-bid Conference
o Interpretthe drawings and specifications
o Assistj review questions and developlistof questionsand responsesfor
addenda
o Prepareaddenda
o Review bids with the City.
I
PublicSafety Buildingist Floor Renovation PrcjeCt2012
Proposed Project Schedule
Schematic (Conceptual) Desien Phase I
4 weeks
Demolition Phase
2 weeks
Design Development Phase
6 weeks
Construction Document Phase
8 weeks
Permit and Bid Phase
4 weeks
Total
24 weeks
Proposed Fee
A Total compensation, i nclud i ngall expenses, shall not exceed $60,820. This
compensation includes all phases and services, including reimbursableex-
penses.
(1) Additional Services
A. Additional services shall be defined as services not included as basic
serviceswithin this contract thatthe City directs the Architect to
perform. Inthe event of this direction, Architect shall be compen-
sated pursuant to this section. Additional serviceswill only be paid if
documented in advance in writing.
B. Maximum rate per hour, includingoverhead, administrative costs,
and profit shall beasshown in Exhibit A (fee schedule)
C. Without priorapproval, the City shall payfor reimbursableexpenses
in performingAdditional Services. The paymentshall be limited to
actual out-of-pocket expenses as reflected on an invoice or other
proof of payment.
D. Paymentfor Additional Servicesshall be made monthly upon pre-
sentation of statement of services in duplicate.
B. Phase payment: Upon submittal of statement in duplication, City shall payas
follows:
(1) The $60,820 fee shall be broken down as follows:
*Allowance if Structural Engineering is required
WMB
Mozaffari
Scheflo
HCS
Totals
Phase of Work
Arch
struct*
Mech
Elect
By Phase
SCHEMATIC DESIGN/ DEMOLITI
$
7,135
$
1,550
$
1,050
$ 9,735
DESIGN DEVELOPMENT
$
10,835
$
1,163
$
1,680
$ 13,678
CONSTRUCTION DOCS
$
14,630
$ 5,000
$
4,456
$
7,035
$ 31,121
BUILDING DEPARTMENT
$
1,940
$
350
$
275
$ 2,565
BIDDING/NEGOTIATION
$
2,180
$
231
$
250
$ 2,661
CONSTRUCTION ADMIN.
S
$ -
SUBTOTAL
$
36,720
$ 5,000
$
7,750
$
10,290
$ 59,760
REIMBURSABLES
$
500
$
350
$
210
$ 1,060
TOTAL
S
37,220
S 5,000
$
8,100
$
10,500
$ 60,820
*Allowance if Structural Engineering is required
11
ExhibitA
Fee Schedule
Architects
WMB ARCHITECTS
Sr. Principal Architect
Associate Principal Architect
Project Architect
Staff Architect
Project Manager
Interior Designer
CADD Draftsperson / Project Support
Clerical
Structural Engineering
MOZAFFARI ENGINEERING
Principal Engineer
Staff Engineer
CAD Operator
Office
Mechanical Engineering
ALEXANDER SCHEFLO & ASSOCIATES
Principal
Engineering
Designer
Drafting
Computer Input
Secretarial
Electrical Engineering.
HCS ENGINEERING
Principal Electrical Engineer
Project/Electrical Engineer
Project/Electrical Designer
Project Support
01,
WMB ARCHITECTS
T209 -944-911C
F 209.944-5711
$160.00/hour
$135.00/hour
$125.00/hour
$1 10.00/hour
$100.00/hour
$100.00/hour
$85.00/hour
$55.00/hour
$250.00/hour
$150.00/hour
$100.00/hour
$65.00/hour
$140.00/hour
$120.00/hour
$95.00/hour
$85.00/hour
$75.00/hour
$65.00/hour
$140.00/hour
$105.00/hour
$ 75.00/hour
$ 50.00/hour
Exhibit C
Insurance Requirements for Contractor The Contractorshall take out and maintain during the life of this contract,
insurance coverage as listed below. These insurance policies shall protect the Contractor and any subcontractor
performing work covered by this contract from claims for damages for personal injury, including accidental death, as
well as from claims for property damages, which may arise from Contractor's operations under this contract, whether
such operations be by Contractor or by any subcontractor or by anyone directly or indirectly employed by either of
them, and the amount of such insurance shall be as follows:
COMPREHENSIVE GENERAL LIABILITY 2. COMPREHENSIVEAUTOMOBILE LIABILITY
$2,000,000 Ea. Occurrence $1,000,000 - Ea. Occurrence
$4,000,000 Aggregate
3. PROFESSIONAL LIABILITY/ ERRORS AND OMISSIONS
$1,000,000 Ea. Occurrence
$2,000,OOOAggregate
NOTE: 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.).
NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) above: 221 West Pine
Street, Lodi, California, 95241-1910; (2) The insurance certificate must state, on its face or as an endorsement, a
description of therop iectthat it is insuring.
A copy of the certificateof insurance with the following endorsements shall be furnished to the City:
(a) Additional Named Insured Endorsement
Such insurance as is afforded by this policy shall also apply to the City of Lodi, its elected and appointed
Boards, Commissions, Officers, Agents, Employees, and Volunteers as additional named insureds.
(This endorsement shalt be on a form furnished to the City and shall be included with Contractor's policies.)
(b) Primary Insurance Endorsement
Such insurance as is afforded by the endorsement for the Additional Insuredsshall apply as primary insurance.
Any other insurance maintained by the City of Lodi or its officers and employees shall be excess only and not
contributing with the insurance afforded by this endorsement.
(c) Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall
not operateto increasethe limit of the company's liability.
(d) Notice of Cancellation or Change in Coverage Endorsement
This policy may not be canceled nor the coverage reduced by the company without 30 days' priorwritten notice
of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 W. Pine St., Lodi, CA
95240.
Comaensation Insurance The Contractor shall take out and maintain during the life of this contract, Worker's
Compensation Insurance for all of Contractor's employees employed at the site of the project and, if any work is
sublet, Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the
latter's employees unless such employees are covered by the protection afforded by the Contractor. In case any
class of employees engaged in hazardous work under this contract at the site of the project is not protected underthe
Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide
insurance for the protection of said employees. A waiver of subrogation is required for workers compensation
insurance. This policy may not be canceled nor the coverage reduced by the company without 30 days' priorwritten
notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 W. Pine St., Lodi, CA
95240.
NOTE: No contract agreement will be signed nor will anv work begin on a project until the proper insurance certificate
is received by the City.
RESOLUTION NO. 2012-138
A RESOLUTION OF THE LODI CITY COUNCIL
AUTHORIZING CITY MANAGER TO EXECUTE
PROFESSIONAL SERVICES AGREEMENT FOR
DESIGN SERVICES FOR PUBLIC SAFETY BUILDING
FIRST FLOOR RENOVATION PROJECT
WHEREAS, the City requested Qualification Statements from two local architects
for the planning and design of tenant improvements to convert the existing Public Safety
Building first floor area, formerly used by the Police Department, for use by Fire
Administration and the Parks, Recreation, and Cultural Services Department; and
WHEREAS, responses to the request for Qualification Statements were received
from WMB Architects, of Stockton ($60,820), and DellaMonica Snyder Architects, of Lodi
($126,056); and
WHEREAS, in accordance with City purchasing ordinance Section 3.20.075
Professional/Technical Services Contracts, "Such contracts shall be awarded on the
basis of professional qualifications and experience, quality of service, past performance
and negotiated prices"; and
WHEREAS, staff recommends awarding the agreement to WMB Architects
based on demonstrated ability to perform the services in a timely manner and past
performance on City projects.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute a professional services agreement with WMB
Architects, of Stockton, California, to provide design services for the Public Safety
Building First Floor Renovation Project, in the amount of $60,820.
Dated: August 15, 2012
--------------------------------------------------------------------
hereby certify that Resolution No. 2012-138 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held August 15, 2012, by the
following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, Nakanishi,
and Mayor Mounce
NOES: COUNCIL MEMBERS— None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS— None
�&JOHL
City Clerk
2012-138