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HomeMy WebLinkAboutAgenda Report - May 3, 2023 H-01CITY OF 00,0 Z CALIFORNIA COUNCIL COMMUNICATION AGENDA ITEM H40 I AGENDA TITLE: Adopt Resolution Awarding Contract for Tony Zupo Field Grandstand Seating & Press Box Replacement Improvements Project to AM Stephens Construction, Inc., of Lodi ($4,054,031); Authorize City Manager to Execute Change Orders ($300,000); Authorize City Manager to Execute Amendment No. 3 to Professional Services Agreement with WMB Architects, Inc. ($29,840); and Appropriate Funds ($2,447,534) MEETING DATE: PREPARED BY: May 3, 2023 Public Works Director RECOMMENDED ACTION: Adopt Resolution Awarding Contract for Tony Zupo Field Grandstand Seating & Press Box Replacement Improvements Project to AM Stephens Construction, Inc., of Lodi ($4,054,031); Authorize City Manager to Execute Change Orders ($300,000); Authorize City Manager to Execute Amendment No. 3 to Professional Services Agreement with WMB Architects, Inc. ($29,840); and Appropriate Funds ($2,447,534). BACKGROUND INFORMATION: Tony Zupo Field was damaged by an arson fire in September 2019. On January 19, 2022 Council approved a Professional Services Agreement with WMB Architects, Inc., of Stockton to perform the design services. The design services included a project site survey, project design and project bidding support services for the construction of new grandstands, dugouts, bullpen areas, and associated Americans With Disabilities Act Improvements (ADA). City staff has worked with WMB Architects to complete the design, permit and bid documents. Originally constructed in 1924 as Lawrence Park, the baseball field was dedicated as Tony Zupo Field in 1986. This project includes new ADA compliant grandstands, dugouts, bullpens, and paths of travel to bring the facility to current Building and ADA Code requirements. The current project schedule would enable opening day 2024 to occur in the Centennial year of the park. Staff is requesting to execute Amendment No. 3 to the Professional Services Agreement with WMB Architects, Inc., to provide construction support services in the amount of $29,840.00. City staff is working with our insurance carrier on a mutually agreeable settlement. Staff is also working with the contractor and architects to determine Value Engineering concepts that create savings but do not alter the design intent of the project. The plans and specifications for this project were approved on February 1, 2023 and publicly advertised as required. The City received the following bid for this project on March 30, 2023: Above/(Below) Bidder Location Bid Engineer's Estimate Engineer's Estimate $3,664,947.00 A.M. Stephens Construction Lodi $4,054,030.59 $389,083.59.00 Staff recommends Awarding Contract for Tony Zupo Field Grandstand Seating & Press Box Replacement Improvements Project to AM Stephens Construction, Inc., of Lodi ($4,054,031); Authorizing City Manager to APPROVED: Stephen Schwabauer, City Manager Y:\Shared\cityclerkWgenda\2023\05 03.23\PW - Zupo Field\C award Zupo Grandstand AK SS docx 4/28/2023 Adopt Resolution Approving Plans and Awarding Contract for Tony Zupo Field Grandstand Seating & Press Box Replacement Improvements Project to A.M. Stephens Construction, Inc., of Lodi ($4,054,031); Authorize City Manager to Execute Change Orders ($300,000); Authorize City Manager to Execute Amendment No 3 to Professional Services Agreement with WMB Architects, Inc ($29,840); and Appropriate Funds ($2,447,534) May 3, 2023 Page 2 Execute Change Orders ($300,000); Authorizing City Manager to Execute Amendment No. 3 to Professional Services Agreement with WMB Architects ($29,840); and Appropriate Funds ($2,447,534). FISCAL IMPACT: This project will replace the fire damaged structures and bring the facility to current ADA code Compliance. The total cost to complete the project with this contract award and necessary staff time is estimated to be $4,575,230.82. Existing appropriations are available in the amount of $2,127,697.35 in the Fiscal Year 2022-23 budget. An additional estimate of $2,447,533.47 is necessary to complete the project. Staff is requesting an additional $2,447,533.47 in appropriations from the Parks Capital fund to complete the project and award the contract. These additional appropriations are anticipated to be fully reimbursed by insurance settlement so there is no net impact to existing capital funds from this action. Staff anticipates the combined insurance settlement and existing appropriations may be larger than the amount necessary to finish the project, which would free up additional funds for future parks projects. The final insurance settlement will not be known until June, which is past the current contract -bidding period. There is no requirement that the insurance settlement or existing Parks Capital appropriations be used for Zupo Field. The only restricted funding on the project is $750,000 secured from a state grant for the reconstruction of Zupo Field. In addition, the estimated settlement includes code compliance improvements that are funded if the City replaces the damaged field with a like field. The City has the option to accept the payout on the actual cash value of the loss and use those funds for any purpose. That amount is $389,818.30, approximately $2.1 million less than the estimated settlement to construct the field, including code upgrades, as shown. Should the Council elect not to move forward with Zupo reconstruction as presented, approximately $1.8 million would be available to reprogram towards any parks project including a potentially revisioned Zupo Field. FUNDING AVAILABLE Additional appropriations requested are funded by an insurance settlement. The settlement will be booked into the General Liability account and transferred out to Parks Capital for spending on the project. Source of Funding: 66000000-57701 Damage to Property $2,447,533.47 66025000-76220 Operating Transfer Out $2,447,533.47 43200000-50001 Operating Transfer In $2,447,533.47 Project Level Funding after recommended action: Budgeted Fiscal Year 2022-2023 PKCP-2204 Internal Labor: $ 30,000.00 PKCP-2204 Materials: $ 250,000.00 PKCP-2204 Contracts: $ 825,257.35 PKCP-2204 General Liability $1,022,440.00 Requested Appropriation: PKCP-2204 Contracts (43299000.77020) 11011r -11W $2,447,533.47 $4,575,230.82 Y:\Shared\cityclerk\Agenda\2023\05.03.23\PW - Zupo Field\C award Zupo Grandstand.AK.SS.docx 4/28/2023 Adopt Resolution Approving Plans and Awarding Contract for Tony Zupo Field Grandstand Seating & Press Box Replacement Improvements Project to A.M. Stephens Construction, Inc., of Lodi ($4,054,031); Authorize City Manager to Execute Change Orders ($300,000); Authorize City Manager to Execute Amendment No. 3 to Professional Services Agreement with WMB Architects, Inc. ($29,840); and Appropriate Funds ($2,447,534) May 3, 2023 Page 2 Andrew KeV5 fAor 2A, 20230:36 PATI Andrew Keys Deputy City Manager/Internal Services Director dLfta2 Charbe5wlmlr- A r h12308;APDT) Charles E. Swimley, Jr. Public Works Director � 51r,f Vi i f,i C11In In•an :ry [Apr 19, �Qi3 ❑6;18 PEI Christina Jaromay Parks, Recreation and Cultural Services Director Prepared by Gary Wiman, Construction Project Manager CES/GRW/cd Attachment Cc: Public Works Management Analyst WMB Architects PRCS Management Analyst AM Stephens Construction, Inc. Y:\Shared\cityclerk\Agenda\2023\05.03.23\PW - Zupo Field\C award Zupo Grandstand AK SS.docx 4/28/2023 CITY OF LODI ZUPO FIELD GRANDSTAND SEATING & PRESS BOX REPLACEMENT CONTRACT CITY OF LODI, CALIFORNIA THIS CONTRACT made by and between the CITY OF LODI, State of California, herein referred to as the "City," and A.M. STEPHENS CONSTRUCTION CO., INC., a California corporation, herein referred to as the "Contractor." WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other, as follows: The complete Contract consists of the following documents which are incorporated herein by this reference, to -wit: Notice Inviting Bids Information to Bidders General Provisions Special Provisions Specifications Bid Proposal Contract Contract Bonds Plans City of Lodi Standard Plans and Specifications All of the above documents, sometimes hereinafter referred to as the "Contract Documents," are intended to cooperate so that any work called for in one and not mentioned in the other is to be executed the same as if mentioned in all said documents. ARTICLE I - That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the City and under the condition expressed in the two bonds bearing even date with these presents and hereunto annexed, the Contractor agrees with the City, at Contractor's cost and expense, to do all the work and furnish all the materials except such as are mentioned in the specifications to be furnished by the City, necessary to construct and complete in a good workmanlike and substantial manner and to the satisfaction of the City the proposed improvements as shown and described in the Contract Documents which are hereby made a part of the Contract. ARTICLE II - The City hereby promises and agrees with the Contractor to employ, and does hereby employ, the Contractor to provide all materials and services not supplied by the City and to do the work according to the terms and conditions for the price herein, and hereby contracts to pay the same as set forth in Section 5, Clause 65 "Payment," of the General Provisions, in the manner and upon the conditions above set forth; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. ARTICLE III - The Contractor 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 responsibility for compliance with these Labor Code requirements is on the prime contractor. Page 1 ARTICLE IV - And the Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Contract Documents and the requirements of the Engineer under them, to -wit: Include furnishing all labor, material, tax, equipment, and services necessary for the construction and completion of the White Slough Water Pollution Control Facility Electrical Building & Related Improvements, and associated improvements. Project Documents on file with the Director of Public Works, City Hall, 221 W. Pine Street, Lodi. See Division 01200 "Measurement And Payment" for a general description of Bid Items CONTRACT ITEMS Item No. Description Unit LS LS LS LS LS LF LF LF LF LF EA LS LF Quantity 1 1 1 1 1 186 114 108 136 477 11 1 40 Unit Price Total Price $ 60,000.00 $ 60,000.00 $ 91,270.00 $ 91,270.00 $ 86,012.00 $ 86,012.00 $ 13,800.00 $ 13,800.00 $ 1,070,222.00 $ 1,070,222.00 $ 1,044.75 $ 194,323.50 $ 128.00 $ 14,592.00 $ 69.00 $ 7,452.00 $ 108.10 $ 14,701.60 $ 155.25 $ 74,054.25 $ 4,255.00 $ 46,805.00 $ 188,318.00 $ 188,318.00 $ 378.35 $ 15,134.00 1- Bonds & Insurance 2. Mobilization/Demobilization 3. Demolition on Park site Demolition off-site Public way 4. 5- Grandstand & Press Box 6. Retaining Wall 7. 5" Channel Drain near backstop 8. 4" Storm Drain 10" Storm Drain 12" Storm Drain on Park site 9. 10. 11, Storm Drain Catch Basin 12, Storm Pump Station 13. 6" Storm Force Main 14. Storm Drain Manhole LS 1 $ 11,500.00 $ 11,500.00 15. 12" Storm Drain Washington Street LF 55 $ $ $ $ $ 525.35 $ 230,020.00 j $ 74,785.00 $ 1,009.75 $ 14.35 $ 28,894.25 460,040.00 149,570.00 125,209.00 40,180.00 16. Dugout EA 2 17, Bullpen EA 2 18. Backstop CMU wall and pads 3" thick "rat slab" under Grandstands LF 124 19. SF 2,800 Page 2 Item No. Description Unit Quantity Unit Price Total Price 20. Donor Wall J_LS 1 $ 71,530.00 $ 71,530.00 21. Flatwork between backstop and Grandstand SF 22. On-site Concrete flatwork SF 870 $ 25.35 $ 22,054.50 12,650 $ 16.96 $ 214,544.00 $ 31,969.14 $ 94,215.15 23. On-site 6' wide ADA Walkway SF 1,442 $ 22.17 24 7' high wrought iron fence including 18" wide X 4" thick mow strip LF 405 $ 232.63 i 25 4' Wrought Iron gate EA 1 $ 15,835.50 $ 15,835.50 26 12' wrought iron double slide gate EA 1 $ 24,449.00 $ 24,449.00 27 16' wrought iron double slide gate EA 2 $ 25,012.50 $ 50,025.00 28 Lawrence Ave 7' wide sidewalk SF 1,568 $ 12.25 $ 19,208.00 29 Lawrence Ave Curb & Gutter LF 224 $ 97.55 $ 21,851.20 30 Lawrence Ave 16' wide driveway EA 1 $ 12,360.00 $ 12,360.00 31 Washington Street T wide sidewalk SF 3,708 $ 12.00 $ 44,496.00 32 Washington Street Curb & Gutter Washington St 16' wide driveway LF 412 $ 84.70 $ 34,896.40 $ 22,400.00 33 EA 2 $ 11,200.00 34 10' wide x 10' high chain link double swing gate w/18' wide mow strip EA 1 $ 7,927.00 $ 7,927.00 35 8' no -climb chain link fence at Pump Station LF 32 $ 387.55 $ 12,401.60 36 4' wide no -climb chain link man gate EA 1 $ 3,760.50 $ 3,760.50 37 12' no -climb chain link double swing gate EA 1 $ 9,386.00 $ 9,386.00 $ 100,000.00 $ 403,000.00 38 Paint existing field lighting poles ALW 1 $ 100,000.00 39 Electrical Work All other items Not included in Bid items 1— 39. LS 1 $ 403,000.00 40 LS 1 $ 145,644.00 $ 145,644.00 Total Contract Amount (Items 1-40) $ 4 QL4 030.59 Page 3 ARTICLE V - By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. ARTICLE Vl - It is further expressly agreed by and between the parties hereto that, should there be any conflict between the terms of this instrument and the Bid Proposal of the Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. ARTICLE VI I - The City is to furnish the necessary rights-of-way and easements and to establish lines and grades for the work as specified under the Special Provisions. All labor or materials not mentioned specifically as being done by the City will be supplied by the Contractor to accomplish the work as outlined in the specifications. ARTICLE VIII - The Contractor agrees to commence work pursuant to this contract within 15 calendar days after the City Manager has executed the contract or the date stipulated in the Notice to Proceed and to diligently prosecute to completion of Phase 2 (all contract work) within 240 CALENDAR DAYS. ARTICLE IX- State of California Senate Bill 854 requires the following No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project 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 Department of Industrial Relations. ARTICLE X - Counterparts and Electronic Signatures This Agreement and other documents to be delivered pursuant to this Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the Internet), by electronic mail in "portable document format" (".pdf') or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature. Page 4 WHEN SIGNING THIS CONTRACT, THE CONTRACTOR AGREES THAT THE TIME OF COMPLETION FOR THIS CONTRACT IS REASONABLE AND THE CONTRACTOR AGREES TO PAY THE CITY LIQUIDATED DAMAGES of $3,000.00 PER DAY AS SET FORTH CONTRACT PROVISIONS. CONTRACTOR AGREES THAT THIS AMOUNT MAY BE DEDUCTED FROM THE AMOUNT DUE THE CONTRACTOR UNDER THE CONTRACT. IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year and date written below. CONTRACTOR: CITY OF LODI, a municipal corporation LIM Title By: STEPHEN SCHWABAUER City Manager Date: Attest: Olivia Nashed City Clerk (CORPORATE SEAL) Approved As To Form: JANICE D. MAGDICH City Attorney Page 5 AMENDMENT NO. 3 WMB ARCHITECTS, INC. PROFESSIONAL SERVICES AGREEMENT THIS AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT, is made and entered this day of , 2023, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and WMB ARCHITECTS, INC., a California corporation (hereinafter "CONTRACTOR"). WITNESSETH: 1. WHEREAS, CONTRACTOR and CITY entered into a Professional Services Agreement on February 3, 2022, Amendment No. 1 on August 23, 2022, and Amendment No. 2 on October 17, 2022 (collectively, the "Agreement'), as set forth in Exhibit 1, attached hereto and made part of; and 2. WHEREAS, CITY requests to increase the fees by an amount not -to -exceed $29,840, for a total not -to -exceed amount of $93,770 and amend the Scope of Services, as set forth in Exhibit 2, attached hereto and made a part of; and 3. WHEREAS, CITY requests to extend the term of the Agreement through June 30, 2024; and 4. WHEREAS, CONTRACTOR agrees to said amendments. NOW, THEREFORE, the parties agree to amend the Agreement as set forth above. All other terms and conditions of the Agreement remain unchanged. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 3 on the date and year first above written. CITY OF LODI, a municipal corporation WMB ARCHITECTS, INC., a California corporation hereinabove called "CITY" hereinabove called "CONTRACTOR" STEPHEN SCHWABAUER City Manager Attest: OLIVIA NASHED, City Clerk Approved as to Form: JANICE D. MAGDICH, City Attorney �Q Name: MELANIE VIEUX Title: Principal Architect Exhibit 1 to Amendment No. 3 AMENDMENT NO. 2 WMB ARCHITECTS, INC. PROFESSIONAL SERVICES AGREEMENT THIS ADMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, is made and entered this Jay of UkV' , 2022, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY'), and WMB ARCHITECTS, INC., a California corporation (hereinafter "CONTRACTOR"). WITNESSETH: 1. WHEREAS, CONTRACTOR and CITY entered into a Professional Services Agreement on February 3, 2022, and Amendment No. 1 on August 23, 2022 (collectively, the "Agreement"), as set forth in Exhibit 1, attached hereto and made part of, and 2. WHEREAS, CITY requests to increase the fees by an amount not -to -exceed $9,250, for a total not -to -exceed amount of $63,930 and amend the Scope of Services, as set forth in Exhibit 2, attached hereto and made a part of, and 3. WHEREAS, CONTRACTOR agrees to said amendments. NOW, THEREFORE, the parties agree to amend the Agreement as set forth above. All other terms and conditions of the Agreement remain unchanged. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 2 on the date and year first above written. CITY OF LODI, a municipal corporation hereinabove called "CITY" �ai�ii•_ �� rl� Attest: OLIVIA NASHED, City Clerk Approved as to Form: ,3A IG D. AGDICH, City Attorney WMB ARCHITECTS, INC., a California corporation hereinabove called "CONTRACTOR" Name: MELANIE VIEU Title: Principal Architect EXHIBIT 1 AMENDMENT NO. 1 WMB ARCHITECTS, INC. PROFESSIONAL SERVICES AGREEMENT THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is made and entered this 23gday off- , 2022, by and between the CITY OF LODI. a municipal corporation (hereinafter "CITY"), an WMB ARCHITECTS, INC., a Caiifomia corporation (hereinafter "CONTRACTOR-). IW TNESSETH: 1. WHEREAS, CONTRACTOR and CITY entered into a Professional Services Agreement on February 3, 2022 (the "Agreement), as set forth in Exhibit 1, attached hereto and made part of; and 2. WHEREAS, CITY requests to increase the fees by an amount not-to-e=eed $8,600, for a total not -to -exceed amount of $.54,580 and amend the Scope of Services, as set forth in Exhibit 2, attached hereto and made a part of, and 3. WHEREAS, CITY requested to extend the tern of the Agreement through December 31, 2022; and 4. WHEREAS, CONTRACTOR agrees to said amendments_ NOW, THEREFORE, the parties agree to amend the Agreement as set forth above. All other terms and conditions of the Agreement remain unchanged. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 1 on the date and year first above written. CITY OF LODI, a municipal corporation hereinabove called 'CITY' ri irE TUnager Attest: OLIVIA NASHED, City Clerk Approved as to Form: J !CE D. M GDICH, City Attorney WMB ARCHITECTS, INC., a California corporation hereinabove called "CONTRACTOR" Name: MELANII- VIELI Title: Principal Architect AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties 17ebrvar y 3 THIS AGREEMENT is entered into an Janus , 2022, by and between the CITY OF LOU, a municipal corporation (hereinafter CITY"), and WMB ARCHITECTS, INC. a California corporation (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 Zupo Field Fire Restoration Project Design Services (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 5cope of SsCvices CONTRACTOR, for the benefit and at the diredion of CITY, shall perform the Scope of Services as set forth in Exhibit A. Section 2.Z Time For Comrrsencement and Completion of Werk 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 an 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 projed shall not be counted against CONTRACTOR's contract performance period. Also, any delays due to weather, vandalism, acts of Gad, etc., shall not be counted. CONTRACTOR shall I remain in contact with reviewing agencies and make all efforts to review and return all comments. Section U Meeting 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 princiipal& 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 5uhcantracts 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 To= The term of this Agreement commences on January 20, 2022 and terminates upon the completion of the Scope of Services or on July 20, 2022, whichever occurs first. 2 ARTICLE 3 COMPENSATION Section 3.1 ComAensation CONTRACTOR's compensation for all work under thls 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 Au d iti nq 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 nodded 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 AAA Cam liance 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. Seatfon 4.3 indernnificatian and Responsibility, for Damap 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 attomey's fees and costs), arising out of peRonnance 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� PersonaE �iabiliiY 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 4.6 Res onsibilit 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 Reauiremenis 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. Saction 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 Ave, Ste 226 Stockton, CA 95207 Attn: Melanie Vieux Section 4.9 Coo enation 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 Em Ea ee 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 most 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 shag 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 Cgnfidemtialit 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 AApiicable Law, Jurisdiction, Severability, anr! 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 Sen Joaquin County Superior Court. 6 Section 4.14 CitV Business License eaquirement CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.021) 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 Integ ration and Modification This Agreement represents the entire understanding of CRY 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 5evera6ilit 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 pwnershi of pocuments 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 AutfroriV 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. Section 4.22 Counterparts and Electronic 5i natures This Agreement and other documents to be delivered pursuant to this Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties Included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the Internet), by electronic mail in "portable document format" (".pdf") or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature. 8 IN WITNEss WHEREDF, CITY and CONTRACTOR have executed thlo AOle nwnl as of the deb flat a11awo w. n. ATTEST. 4ENNg f�.s�'t,.srfrzrt C�� �K APPROVED AS TO FORM: JANICE D. MAGDICH, City Attorney CITY OF LORI, a munldpol corporallon Steve Schwabauer STEPHEN SCHWABAUER City Manager WMB ARCHITECTS, INC. a CallfomlS corporation BY <5_�nie Vieux Am TWa; Principal Architect, CA Licerm SC30857 Attadlmenb: ExhbN A -!cope of 11111AMIMS ExhW 0 -Fee FM9oaal Exhibit C-Ineumnco Requbsmonto Exhbh D-F"ars1 Transit Furtding Ccndltleee (If applleaare1 Funding Source: Parks CA Hal- Zu 0 Field Improvement- PKCP-220Q4.Contrac�a Iausinraa Unft i AcwYnt Ha.) Doc IO:Nal/A1cvcONM%puhwks$%WPIPROJECTSipSA'a12M%YWAB%20ArddMdalP5A%W MB%20AMNtoW doe CAdlevel, lots 9 Exlu'bIt AIB 0 WMB ARCHITECTS PROPOSAL OF SERVICES Project Zupo Field Grandstand! Seating i Press HICK Client City of loth Public Works / Parks I4 Recreation Project 0 21.019 December 20, 2021 DESCRIPTION OF THE PROJECT New dugout, bullpen areas, and site amenities to replace existing structures damaged by fire. Coordination of owner -provided grandstand and press box. SCOPE OF SERVICES SUMMARY The scope of services includes: Task 1— Design Development Task 2— Construction Documents Task 3 — Permitting The proposal includes services of the foIIowing disc 1plimes. Architecture- WMBArch Rect51nc- Stockton 1 5acramento Structural Engineering - mnraffarl Eng'neering Inc. • Makdesto Electrical Engineering - HCS Engfr*ering Inc. - Stockton SCOPE OF SERVICES Tact i Design Dlevelopsnent 1.1 Distribute preliminary CAD site plan to design team. 1.2 Conduct a design team meeting atthe site for verification of existing conditions and review of the proposed site and building design plans. 1.3 Conduct building code compliance evaluation. 1.4 Prepare outline specifications for building systems. Task 2 construction Documents 2.1 Prepare 90% Construction Documents inciudine drawings, specifications and calculations as required for obtaining County construction permits and for bidding and constructing the projects. 2.2 Schedule and conduct internal design team meetings. 2.3 Prepare final finishes design For finish materials and color palettes. 2.4 Complete Title 24 Energy Performance Calcuiatinns'or lighting/power systems, December 20, 202t 2.5 Coordinate final bank specifications for buddins systems. 16 Provide Client 90% Completion plans set documents for review. Conduct an internal quality contra review of all documents. Dist rIbUte all rev lew comments to team for ccardinatio n and development of 100% drawings. 2.7 Prepare 100%construction documents—drawings, specifications and calculatlons-for permitting. 2.8 Present the final construrtlan documents to the Client. Deliverables: A. Project Anticipated Architectural Deliverables: a. Title sheet /Code compliance Documentation b. Cal Green Compliance CheckCst c. Accessibility Compliance Plan and Vetolis d. Architectural Site Plan and coordination of Site Details e. Architectural Plans and Detalls for two (2) new dugouts and bulipen areas f. Door Hardware & Rnish Schedules g. Archftectura/Specificatians to supplement city of Lodi Specrificotions B. Anticipated Structural Defiverables: a. Structural Plans and Details for two (2) new dugouts and bullpen areas b. Structural Plans and Detailsfor retaining wall, backstop, and fencing c, Struduraf Notes and Calculations C Anticipated Electrical Defiverdbles o. Electrical Site Plan b. Power and Lighting Plans for two (2) new dugouts and bullpen areas c. One Line Diagram, PanelSchedules and Details d. Electrical Details e. Title 24 Compliance Documents Task 3 Permitting 3.1 Prepare construction document drawings, specifications and calculations required for City of Lodi Building Departrnent permit submittal_ 3.2 Prepare permit application, and submit document sets for permitting. 33 Retrieve plan revlew comments; distribute comments and plan sets to design team, 3.4 Provide written responses to plan review comments: moddy documentation as required. 3.5 Resubmit documents and responses to the Building Depatment Deliverobler A. Building Department applications and Construction Documents; 1009 Drawings, specifications and calculations required forsubmittal. B. Review comment modifications to drawings, calculations and specifications as required; prepare review comment response letters for all disciplines. Only services 513ecificall described above are included in this ra ❑ al. All other tasks are considered Additional Services and are subject to a Change in Scope. Page 2 December 20, 2021 CLIENT'S RESPONSIBILITIES The following areas are to be the responsibility of and paid for by the Client: Oeslgnatea representative authorized to ad in the CI?en:'s behalf with respect to the project. pay all jurlsdlctIona I and utllfty agency costs and fees required for permit approval and inspection. Separately contract and pay for all testing and speclal inspections of the project construction as required by the eullding Code and the jurMictfonal agendes. PROTECT SCHEDULE This proposal was developed with the attached schedule timeframe assumptions: Task 2 Design Development 1,2 weeks — Task3 Construction Documents 3-4weeks Task 4 /ermitU Pne 3 December 20, 2021 FEEPROP03AL WMB will provide these services for a Fixed Professional Services Fee of $45,380, as itemized by task and discipline below. Reimbursable expenses, estimated at $SDO, are in addition to the fee and will be billed as incurred at cost plus 10 percent. PMg S 7-960 S 1.750 S 1.000 111115 5 710 OOCUMENT5 S 17.120 S 10.500 5 JJ= S 30.E S 5,400 S 2.750 J900 5 9.030 S $ $ Tam SUPPORT S S S--L-mm S 25.480 S 15.000 S 4,900 PROPOSED CONTRACT VALUE 5 45,880 Invoices shall be rendered monthly in proportion to the amount of services completed. Reimbursable expenses include costs incurred by the Architect, the Architect's employees and Consultants directly related to the Project including but not limited to out-of-town mileage, printl ng, reproductions, plats, renderings, and pastage /shippIng. Printing of drawing sets and associated documents required fpr permit appiicatic: n and backcheck resubmittals is nat induded in the Reimbursable Mcwance above. It is assumed that Bid documents will be distributed elertrorically; printing of Bid Documents Is notinduded in the Reimbursable Allowance above. if additional services are required beyond the Scope of Services described above, a Change In Project Scope agreement will be prepared and submitted for the Client's authorization priorto the performance of Additional Services. The terms 0f this proposal ore voltd for 90 days LIMB Architects. Inc. h'%Jp,,eee All/ Melanie Vieux Principal Architect I CA License C 30857 PROPOSAL OF SERVICES i CITY OF LODI -ZUPO FIELD I PROIECTx Z1-08 Page Not to Exceed $45 880 December 20, 2021 0 WMB ARCHITECTS Stockton I Sacramento Schedule of Mourly Rates WMB ARCHITECTS INC. $200 Senior Princlpal Architect $260 Principal Architect $1 Project Architect 40 $1 0 Architect II $1330 Architect 1 $120 Designer $100 BIM Technician $75 Administrative Support App CONSULTANTS NoLmL r NATO REIMBURSABLE EXPENSE RATES Reimbursable expenses are billed at cost + 10%. Out-of-town mSeage is billed at the current IRS rate. it Is anttcipated that all permit application fees wig be paid directly by the Client. If requested. advanced payment of permit fees by WM6 Architects an behalf of the Ciientwill include a 1ST administrative fee. Page 5 EXHIBIT C NOTE: The Clfy of Lodi is now using rhe ar irle insure rrca- prognm r'INS Aova nrage- Once you nave been awarded a con&Set you wfilreeetve as @moll from the CIVs ongne insurance program requesting you to forward the emaff to your irrsura►lce provfWs) to sybmtt the required Insurance docurrlenitWon eleetro111100y Insurance Re ufremente fur Qesl n Profeaslanats- ArchllectslEn fna@rs_ Contractor shall procure and maintain for the duration o`lhe contract insurance against claims for injuries to persons or damages to property which may arise from or n connection with the performance of the work hereunder and the results of that work by :ho Conuactcr, his agents, representatives, employees or s0ccritractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial Ge eiraf LfabllICY (CGL): Insurance Serv}ces Office Farm CG 00 01 covering CGL anan'occurrence"basis. including rad and Com led a rations property damage, bodily injury and personal 3 advertising injury with limits no less than =7,000,0110 par Occurrence. Il a general aggregate emit applies, either the general aggregate limit shall apply scparetaty to 11115 prajecllbpt an (ISO CC 25 03 or 25 g4) or theaenaral daareaate limit slimit shOtl pO tvnae the reSLuirgd a urrence . 2_ Automobile Liability: ISO Farm Number CA 00 01 covering any auto or if Contractor has no awned autos, then hired, and nen- owned autos with Emit no less than $1,000,000 per accident hu bodily injury and property damage. 3. Workers' Compensation: as required by the Slate of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than 11,000,000 per accident for bodily Injury or disease. 4. Proleasional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limits not less than $2,000,000 per occurrence or claim. Other Mau mnco Prgvizio s' (a) Addilicrrat N- ed tnsured Status The City of Lodi, tis elected and appointed boards, cum nr ions. officers. agents. employees, and vOlumeers are to to covered as additional insureds an the CGL and auto policy with rospect 10 liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment rumkshed in conn ion with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's ins urdnM (at least as broad as ISO Form CG 20 10 I I a5 a if not avaitabre, through the addition of both CG 2[Ila, CC 26 26, CO 20 33, or CC 20 3a: and CG 20 37 1 a later edition is used (b) Prim and N n• n nbIn r nC Endomens The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For any clams related to this contract, the Contractor's insurance coverage shoji be primary coverage at feast as broad as ISO CG 20 01 04 13 as raspects Iha Entity. its officers, officials, employees, and volunteers. Any insurance or setfknsurance maintain ad by the Entity. its officers, officials. emp'ayees, or volunteers Shall be excess of the Co r.tractoris insurance and shall not Contribute with it. (c) waiver of ation Contractor hereby grants to City of Lcd a waiver Of any fight to subnogatian which any insurer of saib Contractor may acquire against the City of Lodi by virtue of the payment Of any loss under such insurance, Contractor agrees to abta i n any endorsement that may be necessary to affect this waiver orsubrogaiion. but this provision appIles M90roles s of whether or nos the City of Lodi has received a waiver of submgalion endorsement from the Insurer NOTE: (1) The street address of the 91IY-QEJJ2QLmust be shown along with (a) and (b) and (c) above: 221 West Pine Street. Lodi, California, 95240: (2) The insurance certificate must state, an its face or as an endorsement, a description of therD oiect that it is insuring. (d) SavMrability of interest Clyu The term insured' it used severally and not collectively, but the Inclusion heroin of more than one Insured shall not operate to increase the limit of the company's liability under the Contractors commercial general liability and automobile Ifablity policies. (e) NOlice of C ncetle ion w Cban o ,n Cave rDoo t:nd ac nl This pokey may not be canceled nor the coverage reducad by the company withmt 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manages Gry of Lcdi, 221 West Pine SL: Lodi, CA 95240. Page 1lot 2 pages Risk: rev. 3/1/2016 .^� ._. __ .. (� Cnitinu;ivof Cn�;ulq All poliefea shall be In affect on a before Oho fi day of the Term of this AgreemenL At leasI Ihtrty (3 DI days pilar b the expire Yon of each Inaunutceact Icy, Ccrilrador shati fumfeh 8Willlcato(s) showing that a navior axleaded policy has teen obwined which meals the minknwa requlramanIs of this Agesemen1. canhacior ahatf provide proof or ccriUnuing insurance on at Is mat an annual bases du* the Term, If Contret:iors Insuranca fepaesor isdlscononIto d for any reason. CcntreclorshaRlmmad ialely notify the CIry and (mmedle tely ob rein replacement Insurance- CoritraclofagIves and stipulates In at anyfnsurancecavorago provided Io the City o Lodi shell provida for a deems period rolloyring termination of coverage which in a feast conalstent rrlh the dafms ponied or ste to IRS of ifm11a11br1 ; found In the CON mea 'fart Claims Act (Cflfarnfe Gmammenr Coda Sacllon 810 at sea. 1. (9) f P - r tCZ-2� If Contractorfalfs or rokooa to obtain end maln"fn 1ha required !nsuranca, or leas to provide proof of covarege, duo Cay may obtafn the fasuran cc. Conlradarshal I reimburse the Cfly torpremiums paid, with in Le re at on Vie premium paldbylhe City at Ihamezlmum allowable lag sl rate than in effect In CafifomIa. The City shalt notify Ccntrac(or of such 13oyment of premluma Mlhln MOrty (30) days of payment stating the ameuntpa)d, the name(s) of Jho insurer(s), and rateof fnteresl. Co<nracIarShall City such relmbursemanl and Inlareat on iha first (let) day of the month folic Wng the City's natka. Nohwlthstanding any other provilIgn of this Agreemont, If Con lraclot foils or refuSOS i0 abfaln all mafmain insurance as mquked by This agreemant, or rags to prnvfds proof al insurance. the CItymay tormIrete rhea Agreement upon Such breach. Upon such terminstlon, Conlrector shaft fmmedtatety cease us of No alto or fadllaaa and commence and dil penny pursue, Na remoyal of any and all of Its personal property from the Ills of faclINE s• (h) VarL ca2c-,1-'S& v r+nyo Consultant shelf furnlah Ne 0 l wilh a copy of tha pollcy deciaradan and andorsament pago(s), original certlfcafes and ams ndatoryandorsamanIs orcopfes of the appitcabto policy tonguags enacting coverage requtred by this dauso. WI caril;cshis. and endmamenlo are to be received and approvad by the City bo rare workcommen ces. Novravar, f28ura to obtain (hs requ]rad documents prior to the work beg tnnIng aha 11 not waive the ConsutlanI s obllgaUSn to provide them. The Cily reserves Na right to requke complete, certified capias of all requIre dlnsurence polices, Induding andor8emanls required byIheaespedficalWfts. at anytime. Fs hu r• to exorcho thio right: ahelI rtot con atiluto a waIva r of 11h Cltye right to oxerclso atter the affect Iva Qsfa (I) 5rff-insueed RgTenifons Self -Insured retenlons muat be dacfam 1e, and approvoa by Na City, The City may regsfre the Consullanf To provide proof of ablilly to paylooses and related irsvestiRallans. claim admfnlstrallon,end defense a>tpenses vAinin the retention.The pansylanguage shall provide, or ba anddrsod to provide, that tha saifansured mtentlon may be eatisned by oithor the named Insured or Clly. Q) r,isyr�ncC tlm;t� na limits of Insurance described herein shall not 11mll the liability of the Contractor and Conlracloes officers, employees, agents, representailves or subcontractors. Contractors obligation Io defend, indemnify and held the City and Its ofncers. offclela, employees, agents and volunteers harmless uraferthe provfstons of Iris paragraph is rto111mited to orreslncted by any requirement in IIIc Agreement fair Contracldr Io procure, and maintain a pulley of Insurance. (k) SubconlraGiar6 Consultant shag mqulto and verity that &Ii suhcmirectore ma(rdein inaurencsmeOnIII an the requirements staled herein, and Continent shall ensura that City Is an addnlonal ins rued on insuranco required from subconlrecbare If any of the required pollclea prnvtdd coverage on a cPalms. msdo basis: 1_ The Retroaclhre Date meet he shown and must bo befofe the date of the con:tsd or the boeInn irtg of nnntract work. 2. lroeuranca must be ma(MaIned Land avidance of Insurance mUsl be provided for at least five (5) years after completion of the conlrectof work. 3. Ifcove req e Is canceled or no IT. ran owe d, and not replaced with anolharrua'rna-made policy Fong Wlth a Relroacilve Bale prior to the eontracI effective date, the Consultant must purchasa'extendsd roporling' Coverage fora ntlnfmuIn of five (5) years after completion of canbacl work. (m) unhfiad rnsurar�s} All Ingo ranoe required by lha Jarmo of this Agreement must h e provided by fnrxrrars Ike nsed to do business In the Stets of Callramla which ere rated at fassl "A., W by the AM Beal Ratlngs Guide. and vrhicTi are acceptable to Na Clly- Non.admttiod surp(ua ifnas carriers may be eccaptad provided they are Included on the most recant Ilat of Cailfornfa eftibta surplus Ilnes insurers (LESLI list) and otherwise meat City toquire menls- Signature- Email: sschwabauer@lodi.gov Page Z I of 2 pages ~~ - Flek; raw. 31112018 PW - WMB Architects_Zupo Field Fire Restoration Final Audit Report 2022-02-03 Created: 2022-02-03 By; Linda Tremble Qfrernble@lodl.gov) Slalus: Signed Transaction ID: CBJCHBCAABAAwbgh86KXZUFN1XTvr-Y2aGH03Fiz4 "PW - WMB Architects Zupo Field Fire Restoration" History Document created by Linda Tremble (Itremble@lodi.gov) 2022-02-03 -1:13:25 AM GMT- IP address: 209.23,214.254 L�,4 Document emailed to Steve Schwabauer (sschwabauer@lodi.gov) for signature 2022.02-03 - 1:14;06 AM GMT Email viewed by Steve Schwabauer (sschwabauer@lodi.gov) 2022-02-03 - 4:14:43 AM GMT- IP address: 174.194.209.139 100 Document e -signed by Steve Schwabauer (sschwabauer@lodi.gov) Signature Date: 2022-02-03 -4:15:04 AM GMT - Time Source: server- IP address: 174.194.209.139 O Agreement completed. 2022-02-03 - 4:15:04 AM GMT 0 Adobe Sign Change in Project Scope SCOPE CHANGE NUMBER: 01 PROJECT NAME: 2upo Field PROJECT NUMBER: 21-089 INMATION DATE; 0415-22 CONTRACT DATE: 02-03-22 OWNER City of Lodi Proposed Cha -&e in Protea Scope �xHiB�r 2 r WMB ARCHITECTS 5757 Pa dfic Auenue 2000 LStreet Suwte 226 5uite 125 Stacktor CA 95207 Sazrament❑ CA 95811 209.944 9110 416.254.5546 3D modeling and renderings of proposed improvements of 2upo field - $5,600 Assistance with coordinating prints as required for fundraising efforts - S500 (Costs of printing to be the responsibility of City of Lod 1) Revisions to architectural drawings to incorporate donor waif design $1,200 Structural calculations and details for donor wall - $1,500 Change in Architectural LEng,neenn- Contract Fees: $45,880 • Original Fee $0 • Previous scope changes $45,880 • Fee prior to this scope change $8,800 • Fee will be increased by $51,680 • New fee COMMENTS: Date: 04-15-22 Architect Signature: Owner Signature: Date: 'MY�W 'N iltla Cr Ql .,-ti Com Proposed Change in Pro6ect Sco e Civil Engineering services provided by Baumbach & Piazza, Inc. (as described on Proposal / Agreement dated 07-29-2022) - $6,500 Additional coordination by WMB Architects - $2,750 - Note: It is expected that the drafting work for this Scope Change is to be performed by City of Lodi. WMB will modify Architectural Drawings to accommodate minor design revisions to Civil Scope. Major revisions to overall design and layout may be subject to additional Changes in Project and Scope. Cha nee in Architectural / Eneineerine Contract Fees: • Original Fee e Previous scope changes • Fee prior to this scope change • Fee will be increased by New fee COMMENTS: Architect Signature: Date: Owner Signature: Date: $45,880 $8,800 $54,680 $9,250 $63,930 08-10-22 www.wmbarchitectS.com EXHIBIT 2 ■, WMB ARCHITECTS 5757 Pacific Avenue 2000LStreet Suite 226 Suite 125 Stockton CA 95207 Sacramento CA 95811 Change in Project Scope 209.944.9110 916.254.5546 SCOPE CHANGE NUMBER: 02 PROJECT NAME: Zupo Field PROJECT NUMBER: 21-089 INITIATION DATE: 08-10-22 CONTRACT DATE: 02-03-22 OWNER: City of Lodi Proposed Change in Pro6ect Sco e Civil Engineering services provided by Baumbach & Piazza, Inc. (as described on Proposal / Agreement dated 07-29-2022) - $6,500 Additional coordination by WMB Architects - $2,750 - Note: It is expected that the drafting work for this Scope Change is to be performed by City of Lodi. WMB will modify Architectural Drawings to accommodate minor design revisions to Civil Scope. Major revisions to overall design and layout may be subject to additional Changes in Project and Scope. Cha nee in Architectural / Eneineerine Contract Fees: • Original Fee e Previous scope changes • Fee prior to this scope change • Fee will be increased by New fee COMMENTS: Architect Signature: Date: Owner Signature: Date: $45,880 $8,800 $54,680 $9,250 $63,930 08-10-22 www.wmbarchitectS.com Change in Project Scope SCOPE CHANGE NUMBER: Exhibit 2 PROJECT NAME: to Amendment No. 3 r 21-089 WMB ARCHITECTS 5757 Pacific Avenue 2000 L Street Suite 226 Suite 125 Stockton CA 95207 Sacramento CA 95811 209.944.9110 916.254.5546 SCOPE CHANGE NUMBER: 03 PROJECT NAME: Zupo Field PROJECT NUMBER: 21-089 INITIATION DATE: 03-29-23 CONTRACT DATE: 02-03-22 OWNER City of Lodi Proposed Change in Protect Scope - Construction Support Services as described on the attached Proposal, dated 03-29-2023 Chanee in Architectural 1 Engineerine Contract Fees: • Original Fee • Previous scope changes • Fee prior to this scope change • Fee will be increased by • New fee COMMENTS: Architect Signature Owner Signature: Date: 03-29-2023 Date: $45,880 $18,050 $63,930 $29,840 $93,770 www.wmbarchitects.com PROPOSAL OF SERVICES Project Name Client Project # March 291h 2023 M WMB ARCHITECTS Zupo Field Improvements City of Lodi Public Works / Parks & Recreation 21-089 DESCRIPTION OF THE PROJECT Construction support services for Zupo Field Improvements project. SCOPE OF SERVICES SUMMARY The scope of services includes: Task , Des gR gevei.,pngent - Completed ask G6R5t.-.,,.t*9R D9C-bi ffieRtS - Completed ,T -ask 3rg - Completed Task 4 — Constuction Support The proposal includes services of the following disciplines: Architecture — WMB Architects Inc. - Stockton I Sacramento Civil Engineering— Baumbach & Piazza, Inc. - Lodi Structural Engineering— Mozaffari Engineering. - Modesto Electrical Engineering — HCS Engineering Inc. - Stockton SCOPE OF SERVICES Task 1 Construction Support (estimated construction timeframe: 18 calendar weeks, plus 16 week lead time for prefabricated metal grandstand. It is not anticipated that construction support services will be required during grandstand lead time.) 1.1 Ten (10) Construction site meetings and observation by architect. 1.2 Construction site visits for civil engineer (3) , electrical engineer (2), and structural engineer (2). 1.3 Process and document as required General Contractor's Requests for Information (BFI's) 1.4 Process product submittals and shop drawings 1.S Review and evaluate substitutions to products and equipment submitted by the General Contractor. 1.6 Prepare Architect's Supplemental Instructions as required. 1.7 Conduct Punch -list site and building evaluation at substantial completion. Develop punch list of items for correction. OniV services specifically described above are included in this proposal. All other tasks are considered Additional Services and are subject to a Change in Scope. www.wmbarchitects.com March 29, 2023 CLIENT RESPONSIBILITIES The following areas are to be the responsibility of and paid for by the Client: A. Designate a representative authorized to act on the Client's behalf with respect to the project. B. Pay all jurisdictional and utility agency costs required for approvals and inspections. FEE PROPOSAL WMB will provide these services for a fixed fee of $29,840, as itemized by discipline below, including reimbursable expenses estimated at $550. ITOTAL PROFESSIONAL SERVICES FEE zv zbly 1 550 PROPOSED CONTRACT VALUE S 29,840 Invoices shall be rendered monthly in proportion to services performed. Reimbursable expenses include costs incurred by the Architect, the Architect's employees and Consultants directly related to the Project including but not limited to mileage, printing, reproductions, plots, renderings, and postage/shipping. If additional services are required beyond the Scope of Services described above, a Change in Project Scope agreement will be prepared and submitted for the Client's authorization prior to the performance of Additional Services. The terms of this proposal are valid for 90 days. Thank you for providing us with the opportunity to present you with this proposal. The terms shall be the same as those under our current contract with City of Lodi. Sincerely, WMB Architects, Inc. Melanie Vieux Principal Architect I CA License C 30857 PROPOSAL OF SERVICES I ZUPO FIELD CONSTRUCTION SUPPORT I PROJECT NO. 21-089 Page 2 WM81 B&PI Mozaffarll Hcsl Totals TASK Arrhkect Civil Structural Ekctrlcal By Task 4 CONSTRUCTION SUPPORT $ 14,490 $ 5,2501 $ 6,2501 $ 3,300 $ 29.E ITOTAL PROFESSIONAL SERVICES FEE zv zbly 1 550 PROPOSED CONTRACT VALUE S 29,840 Invoices shall be rendered monthly in proportion to services performed. Reimbursable expenses include costs incurred by the Architect, the Architect's employees and Consultants directly related to the Project including but not limited to mileage, printing, reproductions, plots, renderings, and postage/shipping. If additional services are required beyond the Scope of Services described above, a Change in Project Scope agreement will be prepared and submitted for the Client's authorization prior to the performance of Additional Services. The terms of this proposal are valid for 90 days. Thank you for providing us with the opportunity to present you with this proposal. The terms shall be the same as those under our current contract with City of Lodi. Sincerely, WMB Architects, Inc. Melanie Vieux Principal Architect I CA License C 30857 PROPOSAL OF SERVICES I ZUPO FIELD CONSTRUCTION SUPPORT I PROJECT NO. 21-089 Page 2 Schedule of Hourly Rates Architect WMB ARCHITECTS Senior Principal Architect Principal Architect Project Architect Architect II Architect Designer BIM Technician Administrative Support Civil Ern i BAUMBACH & PIAZZA Principal Engineer Senior Engineer Engineer Chief Draftsman Draftsman Clerical Structural Eneineerine MOZAFFARI ENGINEERING Structural Engineer Engineer Drafting Administration Electrical Engineer HCS ENGINEERING Principal Principal Electrical Engineer Electrical Engineer Designer Draftsman Project Administration Support March 29, 2023 F WMB ARCHITECTS Stockton I Sacramento $215 $190 $170 $150 $140 $130 $110 $80 $190 $148 $124 $108 $76 $76 $275 $200 $110 $95 $225 $195 $165 $125 $90 $75 Page 3 March 29, 2023 REIMBURSABLE EXPENSE RATES Reimbursable expenses are billed at cost + 10%. Mileage is billed at the current IRS rate. It is anticipated that all permit application fees will be paid directly by the Client. If requested, advanced payment of permit fees by WMB Architects on behalf of the Client will include a 15% administrative fee. PROPOSAL OF SERVICES I ZUPO FIELD CONSTRUCTION SUPPORT I PROJECT NO. 21-089 Page 4 Capital Improvement Plan FY 2022-2023 Project Title: Tony Zupo Field I Munis Project Code: PKCP-22004 #193 Section I: Description District Nos: 2 Project Length multi-year lPriority High Repair and restore the grandstand, press box, storage rooms, backstop, underground infrastructure, and path of travel needs all of which are insurance items most of which will be coverd by the insurance policy. Additional construction not covered by the insurance deductible includes: Washington Street improvements, storm water and pavement, construction of new bull pen areas at the ends of the new proposed accessible dugouts, replacement of out of play baseline chain link fencing on the first and third base sides, underground utilities (storm, electrical, water and sewer) and miscellaneoous concrete flat work. Justification/factor driving project On Sept. 16, 2020 at the regular city council meeting, staff updated council members on Tony Zupo Field regarding insurance settlement projects, ADA compliance and building code requirements related to the arson fire that destroyed the main grandstand area, storage room space and press box. Based off of that meeting the consensus was to restore Tony Zupo Field up to current building code requirements. Additional Information Phase 1--#15 (conceptual plan) -Construct new bullpen areas at the end of the new dugouts, Phase 1--16 (conceptual plan) Replace out of play baseline chain link fencing on on 1st and 3rd base sides (In total #15 and #16 cost $105,000 *misc-currently looking at funding through donations pushed out to FY 2023) --Future Phases include Phase 2 ($900K-$1.2 mill), Phase 3 ($550K -$650K), Phase 4 ($600K -$700K), Phase 5 ($450K to $525K), Phase 6 ($325K -$400K), and Phase 7 ($280K -$320K) *calling all future phases Miscellaneous (see attachment for Phase 2-7 details) Section II: Estimated Project Costs Expenditure Contracts Miscellaneous Internal Staff Prior Years FY 21122 FY 22123 FY 23124 FY 24125 FY 25126 Estimate Budget $ 1,897,440 $ 2,447,534 FY 26127 Future Yrs Total $ 4,344,974 $ 30,000 $ - $ - $ 30,000 $ - $ 250,000 $ 30,000 $ 30,000 $ 30,000 $ 90,000 $ 430,000 Miscellaneous $ 77,567 $ 1,200,000 $ 650,000 $ 700,000 $ 1,245,000 $ 3,872,567 _ $ Total Capital Costs $ 77,567 I $ - $ 2,177,440 $ 2,447,534 $ 1,230,000 $ 680,000 $ 730,000 $ - $ 1,335,000 1 $ 8,677,541 Section III: Funding Sources/Methods of Financing Funding Source(s) Prior Years FY 21122 FY 22123 Estimate Budget 200 - Parks Operating $ 13,237 432 - Parks&Rec Capital $ - $ 1,155,000 $ 2,447,534 660 - General Liability_ $ 64,330 $ 1,022,440 FY 23124 FY 24125 FY 25126 FY 26127 Future Yrs Total $ 13,237 $ 1,230,000 $ 680,000 $ 730,000 $ 1,335,000 $ 7,577,534 $ 1,086,770 Total Project Financing $ 77,567 $ 2,177,440 $ 2,447,534 $ 1,230,000 $ 680,000 $ 730,000 $ - $ 1,335,000 $ 8,677,541 RESOLUTION NO. 2023-88 A RESOLUTION OF THE LODI CITY COUNCIL AWARDING CONTRACT FOR TONY ZUPO FIELD GRANDSTAND SEATING AND PRESS BOX REPLACEMENT IMPROVEMENTS PROJECT TO A.M. STEPHENS CONSTRUCTION, INC., OF LODI; AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDERS; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH WMB ARCHITECTS, INC., OF STOCKTON; AND FURTHER APPROPRIATING FUNDS WHEREAS, Tony Zupo Field was damaged by an arson fire in September 2019; and WHEREAS, on January 19, 2022 Council approved a Professional Services Agreement with WMB Architects, Inc., of Stockton to perform the design services; and WHEREAS, this project includes new ADA -compliant grandstands, dugouts, bullpens, and paths of travel to bring the facility to current Building and ADA Code requirements WHEREAS, plans and specifications for this project were approved on February 1, 2023. The City received the following bid for this project on March 30, 2023: Above/(Below) Bidder Location Bid Estimate A.M. Stephens Construction Lodi $4,054,030.59 $389,083.59 WHEREAS, staff recommends awarding the contract for the Tony Zupo Field Grandstand Seating and Press Box Replacement Improvements Project to A.M. Stephens Construction, Inc., of Lodi, in the amount of $4,054,031; and WHEREAS, staff further recommends authorizing the City Manager to execute change orders in an amount not to exceed $300,000; and WHEREAS, staff further recommends authorizing the City Manager to execute Amendment No. 3 to the Professional Services Agreement with WMB Architects, Inc., to provide construction support services in the amount of $29,840; and WHEREAS, staff further recommends recognizing an anticipated insurance settlement in the amount of $2,447,534 into the General Liability Fund, transferring those funds to the Parks Capital Fund, and appropriating funds in the amount of $2,447,534 to the Parks Capital Fund for project completion; and WHEREAS, staff recommends the City Council direct the City Manager to recognize and transfer the full amount of the insurance settlement to the Parks Capital Fund for future Council appropriation should the amount exceed the anticipated amount and that the City Council direct the City Manager to return to Council for direction should the amount be less than the anticipated amount. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby award the contract for the Tony Zupo Field Grandstand Seating and Press Box Replacement Improvements Project to A.M. Stephens Construction, Inc., of Lodi, California, in the amount of $4,054,031; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute the contract and change orders in an amount not to exceed $300,000; and BE IT FURTHER City Manager to execute WMB Architects, Inc., of amount of $29,840; and RESOLVED that the Lodi City Council does hereby authorize the Amendment No. 3 to the Professional Services Agreement with Stockton, California, to provide construction support services in the BE IT FURTHER RESOLVED that the Lodi City Council hereby recognizes estimated revenue from property damage settlement in the amount of $2,447,534 (66000000-57701) and a transfer out of the General Liability fund in the amount of $2,447,534 (66025000-76220) and into the Parks Capital Fund in the amount of $2,447,534 (43299000.50001); and BE IT FURTHER RESOLVED that the Lodi City Council does hereby appropriate funds in the amount of $2,447,534 to the Parks Capital Fund (43299000.77020); and BE IT FURTHER RESOLVED that the Lodi City Council recognizes the revenue from insurance settlement is anticipated to be equal to or greater than the $2,447,534 needed to award this contract and finalize the project; however, due to timing of the bid open window, it is necessary to award the contract in advance of a final insurance settlement; and BE IT FURTHER RESOLVED that the Lodi City Council recognizes there is risk that the insurance settlement is higher or lower than the requested amount and hereby directs the City Manager to bring an update regarding the final settlement amount requesting updated Council direction should the amount be less than anticipated; and BE IT FURTHER RESOVLED that should the insurance settlement exceed the anticipated amount, the Lodi City Council authorizes the City Manager to recognize the full amount of the revenue received from insurance settlement in the General Liability Fund 660 and transfer the full amount from the General Liability Fund 660 to the Parks Capital Fund 432 for future City Council programming; and BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above -referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary. Dated: May 3, 2023 ------------------------------------------------------------------------ ----------------------------------------------------------------------- I hereby certify that Resolution No. 2023-88 was passed and adopted by the City Council of the City of Lodi in a regular meeting held May 3, 2023 by the following votes: AYES: COUNCIL MEMBERS — Bregman, Craig, Nakanishi, Yepez, and Mayor Hothi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None OLIVIA NASHED City Clerk 2023-88