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HomeMy WebLinkAboutAgenda Report - June 19, 2013 C-17AGENDA ITEM Co 1 CITY OF LODICOUNCIL COMMUNICATIONOq<%FOEtia`P TM AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement for Design Development and Construction Administration Services for White Slough Water Pollution Control Facility Women's Locker Room and Building Improvements Project with WMB Architects, of Stockton ($43,540) MEETING DATE: PREPARED BY: June 19, 2013 Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Professional Services Agreement for design development and construction administration services for White Slough Water Pollution Control Facility Women's Locker Room and Building Improvements Project with WMB Architects, of Stockton, in the amount of $43,540. BACKGROUND INFORMATION: The women's locker room at the White Slough Water Pollution Control Facility (WSWPCF) was part of the original operations - - - building construction in 1966. The wastewater treatment industry is no longer a male -dominated workplace, and the existing building does not provide the required locker space and bathroom facilities to accommodate the number of female employees at WSWPCF. The hazards associated with wastewater treatment require that employees have locker and bathroom facilities that provide lockers for separation of work and personal clothing, and cleanup facilities for all personnel. WMB Architects worked with staff to develop preliminary design concepts for expanding the women's locker room, and this project will develop design documents for soliciting construction bids. The proposed building modifications include relocation of the maintenance office to comply with current building codes and replacement of existing conference room space that will be used for locker room expansion. The modifications will also provide compliance with American with Disabilities Act requirements. Staff recommends approval of the WMB Architects Professional Services Agreement for the WSWPCF Women's Locker Room and Building Improvements Project in the amount of $43,540. FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: WastewPyers Maintenance Fund (170403) Jordan Deputy City Manager/Internal Servi s Director Wally S delin Public Works Director Prepared by Larry Parlin, Deputy Public Works Director— Utilities FWS/LP/pmf cc: Wastewater Plant Superintendent Bartlam, City Manager K:\WP\PROJECTS\SEWER\WSWPCF\WomensLockerRoom\CAward WMB.doc 5/23/2013 AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on . 2013, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and WMB ARCHITECTS (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 White Slough Water Pollution Control Facility Women's Locker Room and Building Improvements (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 1 counted against CONTRACTOR's contract performance period. Also, any delays due to weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall remain in contact with reviewing agencies and make all efforts to review and return all comments. Section 2.3 Meetings CONTRACTOR shall attend meetings as may be set forth in the Scope of Services. Section 2.4 Staffing CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY's sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change. CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement. Section 2.5 Subcontracts Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement. Section 2.6 Term The term of this Agreement commences on July 1, 2013 and terminates upon the completion of the Scope of Services or on December 31, 2014, whichever occurs first. z 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 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 3.3 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 3.4 Auditina 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 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. 3 ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Section 4.2 ADA Compliance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees), 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 of the City of Lodi or its officers or agents. 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 4.6 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. 4 Section 4.7 Successors and Assigns CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Wally Sandelin, Public Works Director To CONTRACTOR: WMB Architects 5757 Pacific Avenue, Suite 226 Stockton, CA 95207 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. 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. 5 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. 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. 6 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. Section 4.21 Federal Transit Funding Conditions ❑ If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit apply to this contract. In the event of a conflict between the terms of this contract or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control. 7 IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. ATTEST: RANDIJOHL City Clerk CITY OF LODI, a municipal corporation KONRADT BARTLAM, City Manager APPROVED AS TO FORM: CONTRACTOR:WMB ARCHITECTS D. STEPHEN SCHWABAUER, City Attorney JANICE D. MAGDICH, Deputy City Attorney By: OK . Attachments: - Exhibit A — Scope of Services Exhibit B — Fee Proposal Exhibit C — Insurance Requirements Funding Source:170403 (Business Unit & Account No.) Doc ID:WP\Projects\PSAs\WMB WSWPCF Locker CA:rev.01.2012 8 By: _ Name: Title: Exhibit A/B rp, WMB ARCHITECTS 5757 Pacific Avenue Suite 226 Stockton CA 95207 209.944-9110 PROPOSAL OF SERVICES City of Lodi White Slough Water Pollution Control Facility Women's Locker Room & Building Improvements May 10, 2013 DESCRIPTION OF THE PROJECT The project consists of an interior remodel and facility expansion to increase the capacity of the women's locker/shower room and create two additional offices. SUMMARY SCOPE OF SERVICES The scope of services includes: • Design development • Construction documents • Building Department processing • Bidding/negotiation • Construction administration services The proposal includes services of the following disciplines: • Architectural. • Structural engineering • Mechanical engineering (plumbing and HVAC) • Electrical engineering The proposed fee is based upon tasking the time anticipated for each phase of the work. Our proposal for architectural / engineering services is divided into the following phases: SCOPE OF SERVICES BY PHASE Phase 1 Design Development • Prepare design development documents to fix and describe the size and character of the entire project based on the schematic design drawings approved in the previous scope of work. • Review meeting with Client for development of all building systems - including cut - sheets of proposed fixtures and equipment. • Prepare design development documents for all building systems. Drawings to represent 60% completion of system documentation. Provide key details, systems and equipment selection cut -sheets. • Develop outline specifications. www.wmbarchitects.com Phase 2 Construction Documents • Based upon the approved design development documents and budget, develop working drawings, specifications and calculations as required for obtaining the building permit, and for bidding and constructing the building. • Review meeting with Client to finalize interior finishes selections and furnishing selections and finishes. • Review meetings with Client to finalize outstanding equipment and building systems selections issues. Phase 3 Building Department • Prepare construction document drawings, specifications and calculations required for Building Department permit submittal. • Provide back check documentation as required to secure the Building Department permit. Phase 4 Bidding / Negotiation • Provide assistance for answering questions during the bidding period. • Prepare addendum to the bid documents as required for Building Department changes. Changes to design / documents for value engineering caused by General Contractor error in cost estimating will be invoiced as additional services. Phase 5 Construction Administration • Eight (8) construction site meetings with architect. • Two (2) site visits for mechanical and electrical engineer; 3 site visits for structural engineer. • Process and document, as required, General Contractor's Requests for Information (RFI's). • Process product submittals and shop drawings. • Review and evaluate substitutions to products and equipment submitted by the General Contractor. • For RFI, submittal and substitution review and processing, this proposal assumes 4 hours per week of Project Manager time; 2 hours per week Principal time. (in addition to construction meetings and punch list services). Administration services required for this work that exceed 20% of the aggregate hours provided for in this proposal will be invoiced as additional services. • Provide General Contractor payment request and progressive lien waiver review. Sub- contractor lien waiver documentation and verification responsibility of the General Contractor. • Punch -list site and building evaluation at substantial completion. Develop punch list of items for correction. Fallow -up site and building evaluation of punch list items at final completion. • Review of General Contractor's Operations and Maintenance Manual and warranties. • WMB Architects will not make exhaustive or continuous on-site inspections to check the quality or quantity of the work. The firm will also not be responsible for construction means, methods, techniques or procedures or for safety precautions and programs in Page 2 Exclusions: connection with the work, and will not be responsible for the contractor's failure to carry out the work in accordance with the contract documents. • On-site and off-site civil engineering including NOI and SWPPP documentation, drainage report and Best Management Practices Plan, and wetlands pinflagging • Topographic and wet /dry utility research and mapping • Geotechnical studies and reports • Arborist reports • CEQA environmental studies or EIAQ documentation • Payment of City, County, school district or utility agency fees for the project • Printing of construction documents for purposes of bidding or construction Client Responsibilities: The following are to be provided as a responsibility of the Client and be paid for by the Client: A. The Client shall designate, when necessary, a representative authorized to act in the Client's behalf with respect to the project. The Client or such authorized representative shall examine the documents submitted by the Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect's services. B. The Client shall furnish a legal description and a certified land survey of the site, giving, as applicable, grades and lines of streets, pavements, and adjoining property, rights-of-way, restrictions, boundaries and contours of the site; locations, dimensions and complete data pertaining to existing buildings, other improvements and trees; and full information concerning available services and utility lines both public and private, above and below grade, including inverts and depths. C. The Client shall furnish the services of soils engineers as required. FEE PROPOSAL WMB will provide these services for a fixed fee of $43,540.00 as incurred based on the Schedule of Hourly Rates attached and as itemized by phase and discipline below. Reimbursable expenses are in addition to the fee and will be billed at cost plus 10 percent. The consultants we have selected will provide you with the highest quality service at a competitive price. This proposal does not include civil engineering, landscape architecture, production sound/lighting design, geotechnical testing, special inspections or site construction visits by engineering consultants. Page 3 WMa Mozaffarl Scheflo HCS Totals Phase of Work Architect seNcm,al Mechankal Electrical By Phase DESIGN DEVELOPMENT $ 2,935 $ 1,800 575 $ 400 $ 5,710 CONSTRUCTION DOCUMENTS $ 11,580 $ 4,000 $ 1,2601$ 1,500 $ 18,340 BUILDING DEPARTMENT $ 2,400 $ 500 $ 295 $ 250 $ 3,445 BIDDING/NEGOTIATION $ 2,580 $ 500 $ 295 $ 250 $ 3,625 CONSTRUCTION ADMINISTRATION $ 10,110 $ 1,000 $ 560 $ 750 $ 12,420 TOTAL $ 29,605 $ 7,800 $ 2,985 $ 3,150,$ 43,540 This proposal does not include civil engineering, landscape architecture, production sound/lighting design, geotechnical testing, special inspections or site construction visits by engineering consultants. Page 3 Statements shall be rendered monthly and paid in proportion to amount of services completed. Additional services required beyond the scope of work will be billed on a time plus materials basis per the attached fee schedule. Reimbursable expenses include printing and copying documents to develop design and review the project, promotional rendering display boards (if required) and sets required for building department processing, and bid and construction sets of drawings and specifications. WMB does not charge for mileage for client meeting or construction meeting travel. This proposal assumes a traditional construction process bid to several contractors or negotiated with a pre -selected contractor. Another option is a design/build process in which the Owner negotiates with a general contractor that brings to the team his own design/sub-contractors for electrical, mechanical and landscape. In that case those engineering fees would be deducted from our services and the architectural scope of work and fee may change slightly. We look forward to the opportunity to work with you through the successful completion of this construction project. The terms of this document are valid for 90 days from date on page 1. If the proposal is not agreed to within 90 days and a contract signed, the proposal, including proposed fee and schedule, is void and the terms will be re -negotiated. Page 4 ME, WMB ARCHITECTS 5757 PacificAvenue Suite 226 Schedule of Hourly Rates — 2013 Stockton CA 95207 X9.44.9»0 WMB ARCHITECTS Senior Principal Architect $160.00/hour Principal Architect $135.00/hour Project Architect $125.00/hour Staff Architect $110.00/hour Project Manager $100.00/hour Interior Designer $100.00/hour CADD Draftsperson / Project Support $85.00/hour Clerical $55.00/hour Structural Engineering MOZAFFARI ENGINEERING Principal Engineer $250.00/hour Staff Engineer $150.00/hour CAD Operator $100.00/hour Office $65.00/hour Mechanical Engineering ALEXANDER SCHEFLO & ASSOCIATES Principal $140.00/hour Engineering $120.00/hour Designer $95.00/hour Drafting $85.00/hour Computer Input $75.00/hour Secretarial $65.00/hour HCS ENGINEERING Principal Electrical Engineer $140.00/hour Project/Electrical Engineer $105.00/hour Project/Electrical Designer $75.00/hour Project Support $50.00/hour REIMBURSABLE EXPENSE RATES Reimbursable Expenses are in addition to compensation for basic and additional services. Reimbursable expenses such as computer plots, reproduction, color prints, presentation materials, conference calls, postage, and shipping include actual expenditures incurred by WMB Architects in the interest of the project. Reimbursable expenses are billed at 1.1 times direct cost. Page 5 PROPOSED FLOOR PLAN SCALE : 1/8" = V-0" A • i White Slough WPCF - •• Women's Locker Room & Building Improvements 13-005 04.24,13 r WMB ARCHITECTS Exhibit C Insurance Requirements for Contractor The Contractor shall 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 Contractors'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: 1. COMPREHENSIVE GENERAL LIABILITY 2. COMPREHENSIVE AUTOMOBILE LIABILITY $1,000,000 Ea. Occurrence $1,000,000 - Ea. Occurrence $2,000,000 Aggregate 3. PROFESSIONAL LIABILITY / ERRORS AND OMISSIONS $1,000,000 Ea. Occurrence 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 theru oject that it is insuring. A copy of the certificate of 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 shall 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 Insureds shall 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) Completed Operations Endorsement For three years after completion of project, a certificate of insurance with a Completed Operations Endorsement, CG 20 37 07 04, will be provided to the City of Lodi. (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. (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 W. Pine St., Lodi, CA 95240. Compensation Insurance The Contractor shall take out and maintain during the life of this contract, Worker's Compensation Insurance for all of Contractors employees employed at the site of the project and, if any work is sublet, Contractor shall require the subcontractor similarly to provide Workers 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 under the 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' prior written 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 any work begin on a project until the proper insurance certificate is received by the City. RESOLUTION NO. 2013-111 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH WMB ARCHITECTS FOR WHITE SLOUGH WATER POLLUTION CONTROL FACILITY WOMEN'S LOCKER ROOM AND BUILDING IMPROVEMENTS WHEREAS, the women's locker room at the White Slough Water Pollution Control Facility (WSWPCF) was part of the original operations building construction in 1966. The existing building does not provide the required locker space and bathroom facilities to accommodate the number of female employees at WSWPCF. The hazards associated with wastewater treatment require that employees have locker and bathroom facilities that provide lockers for separation of work and personal clothing and cleanup facilities for all personnel; and WHEREAS, WMB Architects worked with staff to develop preliminary design concepts for expanding the women's locker room, and this project will develop design documents for soliciting construction bids. The proposed building modifications include relocation of the maintenance office to comply with current building codes and replacement of existing conference room space that will be used for locker room expansion. The modifications will also provide compliance with American with Disabilities Act requirements; and WHEREAS, staff recommends approval of the Professional Services Agreement with WMB Architects for the WSWPCF Women's Locker Room and Building Improvements Project. 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, for the White Slough Water Pollution Control Facility Women's Locker Room and Building Improvements Project in the amount of $43,540. Dated: June 19, 2013 ------------------------------------------------------------------------ ------------------------------------------------------------------------ I hereby certify that Resolution No. 2013-111 was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 19, 2013, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Mounce ABSTAIN: COUNCIL MEMBERS — None RA JOHL City Clerk 2013-111