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HomeMy WebLinkAboutAgenda Report - June 20, 2018 C-15TM CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM C -l5 AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Change Order #5 to Professional Services Agreement with WMB General Contractors for Ergonomic, Fire Suppression, and ADA Upgrades to the Lodi Electric Utility Operations Center and SCADA Control Room ($32,436) MEETING DATE: June 20, 2018 PREPARED BY: Electric Utility Director RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute Change Order #5 to the professional services agreement with WMB General Contractors for ergonomic, fire suppression, and ADA upgrades to the Lodi Electric Utility Operations Center and SCADA Control Room in an amount not to exceed $32,436. BACKGROUND INFORMATION: On March 1, 2017 the Lodi City Council authorized the City Manager to execute a Professional Services Agreement (PSA) with WMB Contractors of Oakland to complete ergonomic and fire suppression upgrades for the Lodi Electric Utility (LEU) Operations Center and SCADA Control Room in an amount not to exceed $300,000. In order to meet Title 24 requirements of the California Code of Regulations for compliance with the Americans with Disabilities Act (ADA), additional funding and a contract extension is needed. The ADA requirements will include accessibility upgrades for building entryways and retrofits for one non -gender restroom. This change order is for the restroom upgrade; the entryway work will be performed by a separate contractor. The original planned completion date was June 30, 2018; the new planned completion date is no later than December 31, 2018. The PSA and Change Order#5 are attached, which also includes a summary of Change Orders 1-4. FISCAL IMPACT: Not to exceed $32,436. This project does not impact the General Fund as all costs are incurred by the Electric Utility. FUNDING AVAILABLE: Included in FY 2017/18 and FY2018/19 Budget Account No. 50199000.77020. Andrew Keys Deputy City Mal/n��ager/Internal Services Director Vta, Z._ „I% f. Elizabeth Kirkley Electric Utility Director PREPARED BY: Jules Marchesseault, Engineering and Operations Manager APPROVED: Steo chwa uer. City Manager Steph chwa uer, Manager CITY OF LODI Lodi Electric Utility(LEU) PROPOSED CHANGE ORDER PROJECT: LEU Operations Room Upgrade CONTRACTOR: WMB General Contractors ARCHITECT/ENGINEER: City of Lodi C.O. NO: 5 PCO NO: RFI NO: N/A N/A FI NO: Submit Proposal Within 15 Days Upon Receipt of This Request Brief Description Of Work Refurbishment of the LEU Operations Center. Change Item #5: The magnitude of the work requires ADA Upgrades to the building as required by Title 24 of the California Code of Regulations regarding accessibility for persons with physical and sensory disabilities. These requirements were overlooked in the initial design as the focus was on the operations room itself. A separate firm has identified the required changes to address the requirements of Title 24 and WMB Contractors has reviewed these required changes. The estimate of cost to incorporate these changes is $32,436 (see Appendix A). Three previous Change orders have been processed against this job: They are delineated below(See Appendix B): Change Order # Initiated by: Cost Impact Schedule Impact Comments 1 WMB General Contractors $1400 Adder None Install owner provided Carpet, Tile and Baseboard 3 WMB General Contractors None None Add 20 min fire rated solid core door to plans, 4 WMB General Contractors None None Change WMB Point of Contact from Sean Haas to Franck Waota. L Re uest, Pro . osal, Recommendation And A . . royal Requesting Official: Jules Marchesseault Contractor Proposal Date: N/A Add Amount: $ 32,436 (10.8%) Deduct Amount: -0- Date of Request: 5/31/16 Schedule Impact: 180 Days Reason For Change: To Accommodate Title 24 ADA Upgrades to the MSC Building Account: CONTRACTOR AGREES TO FURNISH ALL LABOR AND MATERIALS AND PERFORM ALL WORK REQUIRED TO COMPLETE THE ABOVE DESCRIBED WORK CHANGE IN ACCORDANCE WITH THE REQUIREMENTS FOR SIMILAR WORK COVERED BY THE CONTRACT EXCEPT AS OTHERWISE STIPULATED HEREIN FOR THE STATED CONSIDERATION. TO PERFORM THE CHANGES FOR THE AMOUNT INDICATED WHICH INCLUDES ANY EXTENDED OR JOBSITE OVERHEAD, DISRUPTION, RIPPLE EFFECT AND OTHER IMPACT COSTS. NO WORK WILL BE STARTED UNTIL THIS PROPOSAL IS ACCEPTED. IF THE CONTRACTOR DOES NOT SIGN ACCEPTANCE OF THIS ORDER, THE CONTRACTOR SHOULD REFER TO SECTION 4-1.03A OF THE STANDARD SPECIFICATIONS REGARDING FILING A WRITTEN PROTEST WITHIN THE SPECIFIED TIME. Contractor ORIGINAL CONTRACT $ 297,492.14 NTE $300,000 Date PREVIOUS ADDS $ 1400. LEU Operations Center Upgrade 2017-2018 5/31/2018 LEU Operations Center Upgrade 2017-2018 5/31/2018 PREVIOUS DEDUCTS $ 0.00 LEU Engineering and Operations Manager Date THIS CHANGE $32,436 CONTRACT AMOUNT INCLUDING ALL CHANGE ORDERS $ 331,328.14 Lodi Electric Utility Director Date CONTRACT TIME ADJUSTMENT 180 DAYS ORIGINAL CONTRACT COMPLETION DATE: 06/30/2018 City Manager Date , ADJUSTED CONTRACT COMPLETION DATE: 12/31/2018 LEU Operations Center Upgrade 2017-2018 5/31/2018 WVB GENERAL CONTRACTORS Apt1x A 9245 Laguna Springs Drive Ste 200 Elk Grove, CA 95758 Phone # 510-210-8329 Name /Address City of Lodi 221 West Pine Street PO Box 3006 Lodi, CA 95241-1910 Attn: Jay Marchesseeault Estimate Date 5/21/18 Estimate # Project 40-002E2 40-002 Lodi LEU Operations C... Description Total Project Management / Supervision Demolition & Debris Removal Electrical Plumbing HVAC Framing & Dryall Door / Trim Wall Finishes: Includes Tile Wainscot and Paint Flooring Concrete Specialties: Includes Bath Accessories Bond Overhead & Profit 2,000.00 3,220.00 2,980.00 3,400.00 2,500.00 2,900.00 1,500.00 3,045.00 1,540.00 1,500.00 1,500.00 945.00 5,406.00 Total $32,436.00 Appe,4L;x f3 1NWAVB GENERAL CONTRACTORS Change Order 1 - Fixed Contract Amount This Agreement, Made as of October 30, In the Year of 2017, Between the Owner: And the Contractor: Jay Marchesseault 1331 South Ham Lane Lodi, California 95242 209-333-6820 WMB General Contractors 1999 Harrison Street Suite 1800 Oakland, California 94612 United States 986240 209-479-0513 For the Change Order: Change Order 1 For the Project: City of Lodi Operation center and ergonomic upgrades 1331 South Ham Lane Lodi, California 95242 The Owner authorizes the Contractor to make the following changes to the above project Description: Install Owner Provided Carpet Tile and Baseboard. ATTACHMENTS: The following is based on information provided by the contractor. Contract Sum Original Contract Amount $297,492.14 Revised Contract Amount Prior to this Change Order $297,492.14 Cost for this Change Order $1,400.00 The New Contract Total including this Change Order $298,892.14 Contract Time Change in Contract Time for this Change Order 2 days Date of Substantial Commencement for this Change Order shall be: 11/27/2017 Adjusted Date of Substantial Completion, including this Change Order shall be: 12/20/2017 ACCEPTANCE This agreement is not valid until signed by Owner and Contractor. Signature indicates agreement herewith, including any adjustment in the Contract Total and Contract Time. I /1/161za r? - O ver Dated c5 -ea,/ OT.a0,o 10/30/2017 Contractor Dated �V1/V�3 GENERAL CONTRACTORS Change Order 3 - Fixed Contract Amount This Agreement, Made as of November 6, In the Year of 2017, Between the Owner: And the Contractor: Jay Marchesseault 1331 South Ham Lane Lodi, California 95242 209-333-6820 WMB General Contractors 1999 Harrison Street Suite 1800 Oakland, California 94612 United States 986240 209-479-0513 For the Change Order: Change Order 3 For the Project: City of Lodi Operation center and ergonomic upgrades 1331 South Ham Lane Lodi, California 95242 The Owner authorizes the Contractor to make the following changes to the above project: Description: Replace Door 101 on plan to 1 3/8" 20 Minute Fire Rated, Solid Core, Paint grade door. ATTACHMENTS: The following is based on information provided by the contractor, Contract Sum Original Contract Amount $297,492.14 Revised Contract Amount Prior to this Change Order $297,492.14 Cost for this Change Order $0.00 The New Contract Total including this Change Order $297,492.14 Contract Time Change in Contract Time for this Change Order 0 days Date of Substantial Commencement for this Change Order shall be: Adjusted Date of Substantial Completion, including this Change Order shall be: 0 ACCEPTANCE This agreement is not valid until signed by Owner and Contractor. Signature indicates agreement herewith, including any adjustment in the Contract Total and Contract Time. X v-- c7,eas7 (7 arca Contractor l'/y/2( Dated Nov. 6, 2017 Dated W1i13 GENERAL CONTRACTORS Change Order 4 - Fixed Contract Amount This Agreement, Made as of November 16, In the Year of 2017, Between the Owner: And the Contractor: Jay Marchesseault 1331 South Ham Lane Lodi, California 95242 209-333-6820 WMB General Contractors 1999 Harrison Street Suite 1800 Oakland, California 94612 United States 986240 209-479-0513 For the Change Order: Change Order 4 For the Project: City of Lodi Operation center and ergonomic upgrades 1331 South Ham Lane Lodi, California 95242 The Owner authorizes the Contractor to make the following changes to the above project: Description: Change Official WMB Point of Contact from Sean Haas to Franck Waota ATTACHMENTS: The following is based on information provided by the contractor. Contract Sum Original Contract Amount $297,492.14 Revised Contract Amount Prior to this Change Order $297,492.14 Cost for this Change Order $0.00 The New Contract Total including this Change Order $297,492.14 Contract Time Change in Contract Time for this Change Order 0 days Date of Substantial Commencement for this Change Order shall be: Adjusted Date of Substantial Completion, including this Change Order shall be: N/A ACCEPTANCE This agreement is not valid until signed by Owner and Contractor. Signature indicates agreement herewith, including any adjustment in the Contract Total and Contract Time. Ow c.5fetZer pT.a2o ///167/ Dated Nov. 16; 2017 Contractor Dated AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on 11116.93P 2017 , by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and WMB (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 City of Lodi Electric Utility Operations Center Upgrade (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 weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall 1 remain in contact with reviewing agencies and make all efforts to review and return all comments. Section 203 Meetings CONTRACTOR shall attend meetings as may be set forth in the Scope of Services. Section 204 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 205 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 206 Terns The term of this Agreement commences on March 2, 2017 and terminates upon the completion of the Scope of Services or on June 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. The Ccntractor agrees to conform to the provisions of Chapter 1, Part 7, Division 2 of the Labor Code. The Contractor and any Subcontractor will pay the general prevailing wage rate and other employer payments for health and welfare, pension, vacation, travel time, and subsistence pay, apprenticeship or other training programs. The responsibihty for compliance with these Labor Code requirements is on the prime contractor. Section 3.3 Contractor Reivistr@tiom—Labor Code 1725.6 No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Departrnent of Industrial Relations. Section 3.4 Contract Bonds CONTRACTOR shafl furnish two good and sufficient bonds: 1. A faithful performance bond in the amount of one hundred percent (100%) of the contract price; and 2, A labor and materials bond in the amount of one hundred percent (100%) of the contract price. These bonds will be required at the time the signed contract is returned to the City. Section 3.5 AB 626 Public Conbi_ •act Code Works Pro'ect Contract Dis ute Resolution Procedure Section 9204 of the California Public Contract Code (the "Code") provides a claim resolution process for "Public Works Project" contracts, as defined, which is hereby incorporated by this reference, and summarized in the following: Definitions: 3 "Claim" means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City under a contract for a Public Works Project. (B) Payment of money or damages arising from work done by, or on behalf of, a contractor pursuant to a contract for a Public Works Project and payment for which is not otherwise expressly provided or to which a claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the City. "Public Works Project" means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. Claim Resolution Process: (1) All Claims must be properly submitted pursuant to the Code and include reasonable documentation supporting the Claim. Upon receipt of a Claim, the City will conduct a reasonable review, and within a period not to exceed 45 days, will provide the claimant a written statement identifying the disputed and undisputed portions of the Claim. The City and contractor may, by mutual agreement, extend the time periods in which to review and respond to a Claim. If the City fails to issue a written statement, paragraph (3) applies. Any payment due on a portion of the Claim deemed not in dispute by the City will be processed and made within 60 days after the City issues its written statement. (2) If the claimant disputes the City's response, or if the City fails to respond to a Claim within the time prescribed in the Code, the claimant may demand in writing, by registered mail or certified mail, return receipt requested, an informal conference to meet and confer for settlement of the issues in dispute, which will be conducted within 30 days of receipt. If the Claim or any portion thereof remains in dispute after the meet and confer conference, the City will provide the claimant a written statement, within 10 business days, identifying the remaining disputed and undisputed portions of the Claim. Any payment due on an undisputed portion of the Claim will be processed and made within 60 days after the City issues its written statement. Any disputed portion of the Claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, as set forth in the Code, unless mutually waived and agreed, in writing, to proceed directly to a civil action or binding arbitration, as applicable. (3) A Claim that is not responded to within the time requirements set forth in the Code is deemed rejected in its entirety. A Claim that is denied by reason of such 4 failure does not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by the Code will bear interest at 7 percent per annum. (5) Subcontractors or lower tier subcontractors that lack legal standing or privity of contract to assert a Claim directly against the City, may request in vvhtiOg. on their behalf or the behalf of a lower tier GUhcODtr8(tor, that the contractor present a Claim to the City for work performed by the subcontractor or lower tier subcontractor. The request shall be accompanied by reasonable documentation to support the Claim. Within 45 days of receipt of such written neqUest, the contractor shall notify the subcontractor in writing as to whether the contractor presented the Claim to the City and, if the original contractor did not present the Claim, provide the subcontractor with a statement of the reasons for not having done so. The Claim resolution procedures and timelines set forth in the Code are in addition to any other change Orde[, claim, and dispute resolution procedures and requirements set forth in the City contract dnCuOleOtS, to the extent that they are not in conflict with the timeframes and procedures the Code. Gotiow3.6 Method of Pavnrient CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to amount of h0UrS, 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 shal! not exceed the amount of the Fee Proposal. Sectin 31 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 3.0 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 5 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. ARTICLE 4 MISCELLANEOUS PROVISIONS Section 401 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 402 ADA uCompliance 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 Res+.onsibilitfor Dama; e 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 6 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. Section 4.5 ResponsbiUty of l -2C 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 Reouirements 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: To CONTRACTOR: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Jay Marchesseault, P.E., Eng & Ops Manager WMB General Contractors 1999 Harrison Street, Ste. 180 Oakland CA 94612 Attn: Sean Haas, Vice President 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. 7 Section 4n1O giNTRACTOR 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, hOVvever, 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 Sen/ices, at which an intermediate decision is required concerning whether to proceed fUrth8[. 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 8 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 "Pr0prietRry'", 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. Secti 4.13 A licable Law, Jurisdiction Severabili and Attorne 9 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. 8 S(tction4.14 Cit [31._y_t§jizigice.irose Re a.'ement 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 ntent hereunder. Section 4.16 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 vv/itiD8. 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 Seveilirt The invalidity in whole or in part of any provision af this Agreement shall not void Or affect the validity of any other provision of this Agreement. Section 4.19 Ovvnermhi •mfDocuments 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 8h3|\ 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 indeDlnifv, 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. 9 Section 4.21 Federal Transit Funding Conditions n 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: NIFERFERRAIOLO ity Clerk CITY OF LODI, a municipal corporation City Manager �APPROVED AS TO FORM: WMB GENERAL CONTRACT dr JANICE D. MAGDICH, City Attorney Bv: Name: SEAN HAAS % Title: Vice President Attachments: Exhibit A — Scope of Services Exhibit B — Fee Proposal Exhibit C — Insurance Requirements Exhibit D — Federal Transit Funding Conditions (if applicable) Funding Source: 50199000.77020 EUCP-15006.EXTLabor.EXTLabor (Business Unit & Account No.) Doc ID: CA: Rev.02.2017 10 RESOLUTION NO. 2018-123 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 5 TO THE PROFESSIONAL SERVICES AGREEMENT WITH WMB GENERAL CONTRACTORS, OF OAKLAND, FOR ERGONOMIC, FIRE SUPPRESSION, AND AMERICANS WITH DISABILITIES ACT UPGRADES TO THE LODI ELECTRIC UTILITY OPERATIONS CENTER AND SCADA CONTROL ROOMS WHEREAS, on March 1, 2017, City Council authorized the City Manager to execute a Professional Services Agreement with WMB General Contractors, of Oakland, to complete ergonomic and fire suppression upgrades for the Lodi Electric Utility Operations Center and SCADA Control Room, in an amount not to exceed $300,000; and WHERAS, in order to meet Title 24 requirements of the California Code of Regulations for compliance with the Americans with Disabilities Act (ADA), additional funding and a contract extension is needed; and WHEREAS, the ADA requirements will include accessibility upgrades for building entryways and retrofits for one non -gender restroom; this change order is for the restroom upgrade, with the entryway work being performed by a separate contractor; and WHEREAS, the original planned completion date was June 30, 2018; the new planned completion date is no later than December 31, 2018; and WHEREAS, Change Order No. 5 will not to exceed $32,436, and this project does not impact the General Fund as all costs are incurred by the Electric Utility; and WHEREAS, funding is available and included in FY 2017/18 and FY 2018/19 Budget Account No. 50199000.77020. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Change Order No. 5 to the Professional Services Agreement with WMB General Contractors, of Oakland, California, for ergonomic, fire suppression, and Americans with Disabilities Act upgrades to the Lodi Electric Utility Operations Center and SCADA Control Room, in an amount not to exceed $32,436, including a contract term extension to December 31, 2018. Dated: June 20, 2018 I hereby certify that Resolution No. 2018-123 was passed and adopted by the City Council of the City of Lodi in a regular meeting held on June 20, 2018 by the following vote: AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Chandler ABSTAIN: COUNCIL MEMBERS — None 2018-123 NNIFE ity Clerk FERRAIOLO