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HomeMy WebLinkAboutAgenda Report - April 20, 2016 C-09TM CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM C -9 AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with WMB Architects, Inc, of Stockton, for Design Services for Lodi Library Teen Scene Project ($50,000), Accepting Donation from Library Board of Trustees ($50,000), and Appropriating Funds ($50,000) MEETING DATE: PREPARED BY: April 20, 2016 Interim Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Professional Services Agreement with WMB Architects, Inc., of Stockton, for design services for Lodi Library Teen Scene Project, in the amount of $50,000, accepting donation from Library Board of Trustees in the amount of $50,000, and appropriating funds, in the amount of $50,000. BACKGROUND INFORMATION: In 2014, the Library Renovation Phase 3 Project was completed that made improvements to the carpet, lighting, communications, space conditioning and furniture upgrades. In addition, rooms to accommodate tutoring, a computer laboratory, and meetings were created. The Library Board of Trustees and Library Foundation have voted to move forward with the Lodi Library Teen Scene Project that will renovate and expand the area identified in Exhibit A. WMB Architects, Inc. was the design firm for the previous three completed renovation phases and has been selected by the Library Board of Trustees to provide architectural and construction support services for the Children's Area Expansion Project. The project budget is approximately $450,000 and will be funded by Library Capital, Library Trustee donations, and Library Foundation funds that will be transferred to the Library Fund as expenses are incurred. Staff recommends authorizing City Manager to execute Professional Services Agreement with WMB Architects, Inc., of Stockton, for design services for Lodi Library Teen Scene Project, in the amount of $50,000, accepting donation from Library Board of Trustees, and appropriating funds, in the amount of $50,000. FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Requested Appropriation: Library Fund (41099000.77020) - $50,000 Jordan Ayers Deputy City Manager/Internal Services Director CS/GW/tb Attachments cc: Library Director %1( C'arl-s E. Swi ley, Jr. Interim Public Works Director APPROVED: i emo �\ Step - n chwabauer, Manager K:\WP\PROJECTS\MISC\LIBRARY\CAward WMB Teen Scene.doc 4/13/16 0 0 i i 0 0 0 0 LODI PUBLIC LIBRARY - FLOOR PLAN TEEN SCENE AREA OF WORK 0 0 0 0 0 0 0 NOT TO SCALE AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on , 2016, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and WMB ARCHITECTS, INC. (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 design services for Lodi Library Teen Scene Project (hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Scope of Services CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A. Section 2.2 Time For Commencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services. CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services. CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames. The review time by CITY and any other agencies involved in the project shall not be counted against CONTRACTOR's contract performance period. Also, any delays due to 1 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 May 1, 2016 and terminates upon the completion of the Scope of Services or on April 30, 2018, whichever occurs first. 2 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 Auditing CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information 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 and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein. Section 4.4 No Personal Liability Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. 4 Section 4.5 Responsibility of CITY CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein. Section 4.6 Insurance Requirements for CONTRACTOR CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference. Section 4.7 Successors and 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: Gary Wiman To CONTRACTOR: WMB Architects, Inc. 5757 Pacific Avenue, Suite 226 Stockton, CA 95207 Attn: Melanie Vieux 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 5 the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof. Section 4.11 Termination CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement. Section 4.12 Confidentiality CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietary", except to the extent otherwise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act. Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney's Fees This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. In the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's fees from the party who does not prevail as determined by the San Joaquin County Superior Court. 6 Section 4.14 City Business License Requirement CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. Section 4.15 Captions The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder. Section 4.16 Integration and Modification This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties. Section 4.17 Contract Terms Prevail All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail. Section 4.18 Severability The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Section 4.19 Ownership of Documents All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended. 7 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 D apply to this Agreement. In the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. ATTEST: CITY OF LODI, a municipal corporation JENNIFER M. FERRAIOLO STEPHEN SCHWABAUER City Clerk City Manager APPROVED AS TO FORM: WMB ARCHITECTS, INC. JANICE D. MAGDICH, City Attorney By: By: Name: MELANIE VIEUX Title: Principal Architect Attachments: Exhibit A — Scope of Services Exhibit B — Fee Proposal Exhibit C — Insurance Requirements Exhibit D — Federal Transit Funding Conditions (if applicable) Funding Source: 41099000.77020 (Business Unit & Account No.) Doc ID:K:\WP\PROJECTS\PSA's\2016\WMB Teen Scene PSA.doc CA:Rev.01.2015 8 r. WMB ARC 5757 Pacific Avenue Suite 226 Stockton CA 95207 209.944.9110 PROPOSAL OF SERVICES Lodi Library Teen Scene 15-111 March 14, 2016 DESCRIPTION OF THE PROJECT Exhibit A/B H ITECTS 2000 L Street Suite 123 Sacramento CA 95811 916.254,5546 The proposed project includes the renovation of 1,800 square feet of existing interior library space to be used as a dedicated area for Teens. Additionally, the project includes the relocation of the existing mechanical yard to accommodate space for the construction of a new 1,000 SF outdoor patio. SCOPE OF SERVICES SUMMARY Services Previously Provided: • Investigation • Conceptual Design The scope of services includes: • Investigation (Mechanical & Electrical) • Design Development • Construction Documents • Permitting • Bidding 1 Negotiation • Construction Administration The proposal includes services of the following disciplines: • Architecture • 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 1 Engineering services is divided into the following phases. SCOPE OF SERVICES BY PHASE Phase 1 Investigation • Develop base plans for the existing Mechanical & Electrical systems utilizing as -built drawings and field measurements. www.wmbarchitects.com Phase 2 Phase 3 March 14, 2016 Design Development • Based on approved Schematic Design Documents, prepare Design Development documents to describe the size and character of the entire project. • Prepare interior design finishes and furnishings selections. Two meetings with Client included for review and development/selection of finishes and furnishings schemes. • 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 needed for accurate cost estimating. • Develop outline specifications. • Update cost estimate developed during Schematic Design. One (1) review meeting with Client for review and value engineering. • Revise documents and building systems as required by Value Engineering determinations. 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 4 Permitting • Prepare construction document drawings, specifications and calculations required for Building Department permit submittal • Provide back check documentation as required to secure the Building Department permits Phase 5 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 • Review General Contractor / Owner contract for conformance with project requirements. Separate review by Client's legal counsel is recommended. Phase 6 Construction Administration • (8) Construction site meetings with architect • (2) site visits for mechanical and electrical 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 • General Contractor payment request and progressive lien waiver review. Sub- contractor lien waiver documentation and verification responsibility of the General Contractor PROPOSAL OF SERVICES 1 LODI PUBLIC LIBRARY Page 2 March 14, 2016 • Punch -list site and building evaluation at substantial completion. Develop punch list of items for correction. Follow-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 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. Only services specifically described above are included in this proposal. 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. B. The Client shall furnish 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 pay all jurisdictional and utility agency costs required for permit approval and inspection. PROJECT SCHEDULE This proposal was developed with the following schedule timeframe assumptions: PROPOSAL OF SERVICES 1 LODI PUBLIC LIBRARY Page 3 Pending Council Approval on April 20 Investigation Week 1 Apr. 25 — Apr. 29 Design Development Weeks 2-4 May 2 — May 20 Construction Documents Weeks 5-11 May 23 —July 8 Building Department Submittal (estimated) Weeks 12-20 July 11—Sept 9 Bidding/Negotiation to be determined Begin Construction to be determined PROPOSAL OF SERVICES 1 LODI PUBLIC LIBRARY Page 3 March 14, 2016 FEE PROPOSAL WMB will provide these services for a fixed fee of $47,901, as itemized by phase and discipline below. Reimbursable expenses are in addition to the fee and will be billed at cost plus 10 percent. PROJECT INVESTIGATION WMB Mozaffari Scheflo HCS DESIGN DEVELOPMENT Totals Phase of Work Architect Structural Mechanical Electrical $ 2,300 By Phase PROJECT INVESTIGATION $ 305 $ - $ 517 $ 495 DESIGN DEVELOPMENT $ 8,260 $ - $ 517 $ 1,100 CONSTRUCTION DOCUMENTS $ 15,290 $ 2,300 $ 2,590 $ 2,970 BUILDING DEPARTMENT $ 1,475 $ - $ 413 $ 110 BIDDING/NEGOTIATION $ 1,525 $ - $ 413 $ 110 CONSTRUCTION ADMINISTRATION $ 7,945 $ - $ 517 $ 550 TOTAL PROFESSIONAL SERVICES FEE I $ 34,800 J $ 2,300 1 $ 4,966 $ 5,335 $ 1,317 $ 9,877 $ 23,150 $ 1,998 2,048 $ 9,012 $ 47,401 REIMBURSABLES 500 PROPOSED CONTRACT VALUE $ 47,901 Invoices shall be rendered monthly in proportion to the amount of services completed. If additional services are required beyond the Scope of Services described above, a Change in Project Scope agreement will be prepared for the Client's and Architect's signatures. Reimbursable expenses include printing and copying documents to develop the design and review the project, and sets required for building department processing. Bid and construction sets of drawings are NOT included. WMB does not charge for mileage for client meeting or construction meeting travel. We look forward to the opportunity to work with you through the successful completion of this construction project. Consultant: Client: (Signature) Name. Melanie Vieux, Principal Architect CA License C30857 WMB Architects Inc. 5757 Pacific Ave Suite 226 Stockton CA 95207 By: Name: (Signature) 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. PROPOSAL OF SERVICES 1 LODI PUBLIC LIBRARY Page 4 Schedule of Hourly Rates March 14, 2016 ir. WMB ARCHITECTS Stockton 1 Sacramento WMB ARCHITECTS INC. Senior Principal Architect $160 Principal Architect $135 Project Architect $125 Staff Architect $110 Project Manager $100 Interior Designer $100 CADD Draftsperson / Project Support $85 Graphic Designer $85 Administrative Support $55 Structural Engineering MOZAFFARI ENGINEERING Principal Engineer $250 Staff Engineer $150 CAD Operator $100 Office $65 Mechanical Engineering ALEXANDER SCHEFLO & ASSOCIATES Principal $140 Engineering $120 Designer $95 Drafting $85 Computer Input $75 Secretarial $65 Electrical Engineering HCS ENGINEERING Principal Electrical Engineer $150 Drafting AutoCADD/Revit $80 Project Support $ 50 PROPOSAL OF SERVICES 1 LODI PUBLIC UBRARY Page 5 March 14, 2016 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. NOT TO EXCEED $50,000 PROPOSAL OF SERVICES 1 LODI PUBLIC LIBRARY Page 6 Exhibit C Insurance Requirements for Consultant The Contractor shall take out and maintain during the life of this Agreement, insurance coverage as listed below. These insurance policies shall protect Contractor and any subcontractor performing work covered by this Agreement 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 Agreement, 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 $1,000,000 Each Occurrence $2,000,000 General Aggregate 2 COMPREHENSIVE AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit Such insurance shall cover liability arising out of any vehicle (including, owned, hired and non -hired vehicles) operated in performing any and all services pursuant to this Agreement. Coverage shall be written on ISO form CA 00 01 12 90, or a later version, that provides liability coverage at least as broad as this form. All limits are to be designated strictly for the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers. All deductibles or self-insured retentions (SIR) must be disclosed to City's Risk Manager for approval and shall not reduce the limits of liability set forth hereinabove. Insurance policies containing any deductible or SIR provision shall provide, or be endorsed to provide, that the deductible or SIR may be satisfied by either the Named Insured(s) or the City of Lodi. It is required that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth above, shall be available to City as an additional insured. Furthermore, the requirements for coverage and limits shall be (i) the minimum coverage and limits specified in these insurance requirements; or (ii) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the Contractor; whichever is greater. 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.). A copy of the certificate(s) of insurance with the following endorsements shall be furnished to the City: (a) Additional Named Insured Endorsement Pursuant to a separate endorsement (ISO form CG 2010 (11/85) or a later version, that provides liability coverage at least as broad as this form) 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. An additional named insured endorsement is also required for Auto Liability. (b) Primary and Non -Contributory Insurance Endorsement Additional insurance coverage under the Contractor's policy shall be "primary and non-contributory" and will not seek contribution from City's insurance or self-insurance and shall be at least as broad as ISO form CG 20 01 04 13. 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, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of the project that it is insuring. (c) Waiver of Subrogation Include a waiver of subrogation against the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers. A waiver is required for General Liability and Auto Liability. (d) Limits of Coveraae The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance of Contractor shall contain, or be endorsed to contain, a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City's own insurance or self-insurance shall be called upon to protect the City as a named insured. Page 1 I of 2 pages Risk: rev.08.2015 (e) Severabilitv 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. (0 Notice of Cancellation or Change in Coverage Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240. (g) Continuity of Coverage All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. (h) Failure to Comply If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the names) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1S) day of the month following the City's notice. Notwithstanding and other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities. (i) Qualified Insurer(s) All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements. Workers Compensation Insurance The Contractor shall take out and maintain during the life of this Agreement, 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 Agreement 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 without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240. NOTE: The City reserves the right to obtain a full certified copy of any insurance policy or endorsements required. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date. Page 21 of 2 pages Risk: rev.08.2015 8. APPROVAL SIGNATURES 1 AA# 2 JV# CITY OF LODI APPROPRIATION ADJUSTMENT REQUEST TO: Internal Services Dept. - Budget Division 3. FROM: Rebecca Areida-Yadav 4. DEPARTMENT/DIVISION: Public Works 5. DATE: 4/5/16 6. REQUEST ADJUSTMENT OF APPROPRIATION AS LISTED BELOW FUND # : BUS. UNIT # ACCOUNT # ACCOUNT TITLE AMOUNT A. SOURCE OF FINANCING 410 41000000 57702 Donations $ 50,000.00 B USE OF FINANCING 410 41099000 77020 Library Capital Projects $ 50,000 00 7. REQUEST IS MADE TO FUND THE FOLLOWING PROJECT NOT INCLUDED IN THE CURRENT BUDGET Please provide a description of the project, the total cost of the project, as well as justification for the requested adjustment. If you need more space, use an additional sheet and attach to this form. Professional Services Agreement with WMB Architects for design services for Lodi Library Teen Scene Project. If Council has authorized the appropriation adjustment, complete the following: Meeting Date: Department Head Signature: ��- Res No: Attach copy of resolution to this form. Deputy City Manager/Internal Services Manager Date Submit completed form to the Budget Division with any required documentation. Final approval will be provided in electronic copy format. TM CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM cci AGENDA TITLE: Adopt Resolution Awarding Contract for Lodi Public Library Children's Area Expansion Project to Swierstok Enterprise, Inc., dba Pro Builders, of Orangevale ($263,000), Accepting Donation from the Library Foundation ($152,000) ($131,500), and Appropriating Funds ($304,000) MEETING DATE: PREPARED BY: April 20, 2016 Interim Public Works Director RECOMMENDED ACTION: Adopt resolution awarding contract for Lodi Public Library Children's Area Expansion Project to Swierstok Enterprise, Inc., dba Pro Builders, of Orangevale, in the amount of $263,000, accepting donation from the Library Foundation, in the amount of $ 2,000 $131,500, and appropriating funds in the amount of $304,000. BACKGROUND INFORMATION: The Lodi Library Board has been systematically renovating the Lodi Public Library over the past several years. This phase of the renovation process involves the west end patio area. This patio space is open to the elements, lacks ADA accessibility, and is not well suited for the library's year-round programming needs. The Children's Area Expansion Project will enclose the existing west -end patio and make it a 538 - square -foot, ADA -compliant interior space. The project will provide a large glass -walled, multi -functional room to fit Library programing needs. A drawing of the project floor plan is attached for reference as Exhibit A. Plans and specifications for this project were approved on August 5, 2015. The City received the following three bids for this project on March 24, 2016. Project completion is expected in the fall of 2016. Bidder Location Bid Engineer's Estimate $ 158,000.00 Swierstok Enterprise, Inc. dba Pro Builders Orangevale $ 263,000.00 American River Construction, Inc. El Dorado $ 273,000.00 Diede Construction, Inc. Woodbridge $ 299,000.00 APPROVED: net 0 >! - r',c r 1111101 ity Manager K:\WP\PROJECTS MISC\LIBRARY\Childrens Area Expansion 20151CAward LCAE.doc 4/18/16 Adopt Resolution Awarding Contract for Lodi Public Library Children's Area Expansion Project to Swierstok Enterprise, Inc., dba Pro Builders, of Orangevale ($263,000), Accepting Donation from the Library Foundation ($152,000) ($131,500), and Appropriating Funds ($304,000) April 20, 2016 Page 2 The estimated total r roiect budget is provided in the table below. Budget Item Budget Construction Construction Contract $263,000 Project Management (City Staff) $7,000 Copy/Shipping Expenses Estimate $1,000 Testing & Inspection Estimate $5,000 Construction Total $276,000 Contingency 10% +/- of Project Estimate $28,000 Project Total Budget $304,000 FISCAL IMPACT: FUNDING AVAILABLE: Not applicable. The project total of $304,000 includes allowances above the contract amount to account for contingencies, construction administration, testing, and staff costs. Funding for this project is through a $152,000 $131,500 donation from the Library Foundation, to be given to the City prior to the start of construction, and $1-52T000 $172,500 from the Library's fund balance reserves. Jar an Ayers Deputy City Manager/Internal Services Director ; i - Charles E. Swimley, Jr. Interim Public Works Director Prepared by Gary Wiman, Construction Project Manager CS/GW/tb Attachments cc: Library Services Director K:\WP\PROJECTS\MISC\LIBRARY\Childrens Area Expansion 2015\CAward LCAE.doc 4/18/16 1 AA# 2 JV# CITY OF LODI APPROPRIATION ADJUSTMENT REQUEST TO: Internal Services Dept. - Budget Division ACCOUNT # 3. FROM: Rebecca Areida-Yadav 5, DATE: 4/6/16 4. DEPARTMENT/DIVISION: Public Works 6. REQUEST ADJUSTMENT OF APPROPRIATION AS LISTED BELOW FUND # BUS. UNIT # ACCOUNT # ACCOUNT TITLE AMOUNT A. SOURCE OF FINANCING 120 32205 Library Fund Balance $ 172,500.00 410 41000000 57702 Library Capital Donation $ 131,500 00 410 41000000 50001 Library Capital Transfer In $ 131,500.00 B. USE OF FINANCING 120 12090000 76220 Library Operations Transfer Out $ 172,500.00 410 41099000 77020 Library Capital Pr jects $ 304,000.00 7. REQUEST IS MADE TO FUND THE FOLLOWING PROJECT NOT INCLUDED IN THE CURRENT BUDGET Please provide a description of the project, the total cost of the project, as well as justification for the requested adjustment. If you need more space, use an additional sheet and attach to this form. Contract with Swierstok Enterprise dba Pro Builders for the Lodi Public Library Children's Area Expansion Project. If Council has authorized the appropriation adjustment, complete the following: Meeting Date: Department Head Signature: Res No: Attach copy of resolution to this form. 8. APPROVAL SIGNATURES Deputy City Manager/Internal Services Manager Date Submit completed form to the Budget Division with any required documentation. Final approval will be provided in electronic copy format, RESOLUTION NO. 2016-51 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH WMB ARCHITECTS, INC., OF STOCKTON, FOR DESIGN SERVICES FOR THE LODI LIBRARY TEEN SCENE PROJECT; ACCEPTING A DONATION FROM THE LIBRARY BOARD OF TRUSTEES; AND FURTHER APPROPRIATING FUNDS WHEREAS, the Library Board of Trustees and Library Foundation have voted to move forward with the Lodi Library Teen Scene Project that will renovate and expand the area; and WHEREAS, WMB Architects, Inc., was the design firm for the previous three completed renovation phases and has been selected by the Library Board of Trustees to provide architectural and construction support services for the Children's Area Expansion Project; and WHEREAS, staff recommends authorizing the City Manager to execute a Professional Services Agreement with WMB Architects, Inc., of Stockton, for design services for the Lodi Library Teen Scene Project in the amount of $50,000; and WHEREAS, staff further recommends that the City Council accept a $50,000 donation from the Library Board of Trustees and appropriate those funds for this 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, Inc., of Stockton, California, for design services for the Lodi Library Teen Scene Project in the amount of $50,000; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby accept a donation from the Library Board of Trustees in the amount of $50,000 and hereby appropriates those funds for this project. Dated: April 20, 2016 I hereby certify that Resolution No. 2016-51 was passed and adopted by the City Council of the City of Lodi in a regular meeting held April 20, 2016 by the following vote: AYES: COUNCIL MEMBERS — Johnson, Mounce, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Kuehne ABSTAIN: COUNCIL MEMBERS — None NNIFER . FE ERR ity Clerk 2016-51