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HomeMy WebLinkAboutAgenda Report - May 18, 2022 C-16CITY OF AGENDA ITEM IQ ar 0 zt� CALIFORNIA COUNCIL COMMUNICATION AGENDA TITLE: Adopt Resolution Designating Portion of Pixley Park (1041 Auto Center Drive) as Future Animal Services Facility Site; Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with LDA Partners, Inc., of Stockton, California for Design and Construction Document Services for the City of Lodi Animal Services Facility ($992,000); and Appropriate Funds ($900,000) MEETING DATE: May 18, 2022 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt Resolution Designating Portion of Pixley Park (1041 Auto Center Drive) as Future Animal Services Facility Site; Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with LDA Partners, Inc., of Stockton, California for Design and Construction Document Services for the City of Lodi Animal Services Facility in the amount of $992,000 and Appropriate Funds in the amount of $900,000. BACKGROUND INFORMATION: The City's current animal services facility has been serving the community since 1958. The facility was last expanded in 1983 and remains significantly undersized and outdated despite substantial growth in the City. In addition to being undersized, the current facility does not meet requirements for comprehensive animal care. The proposed facility will be sized to serve the community for the next 30-50 years and will include modern amenities to assist City staff in providing a standard of care that is consistent not only with government regulations, but also in line with our moral obligations as a community. On April 12, 2022, Staff from LDA Partners Architecture and Design (LDA) and City staff conducted a community meeting where attendees were provided a presentation on the proposed building layout and site plans for two potential City owned locations. During this meeting, members of the public and staff were encouraged to provide input on the facility as a whole and asked to provide their preferred site location. The feedback included overwhelming support for the Pixley Park Site along with a strong recommendation to include provisions to conduct veterinary services at the facility. At the April 26, 2022 shirtsleeve meeting, Council received a presentation that included concept level renderings reflecting the proposed architecture of the facility, proposed floorplans, site layout drawings at two City owned locations and an introduction to facility costs. The presentation also provided Council with the feedback obtained from the April 12, 2022 community meeting. Upon conclusion of the meeting, Council indicated overall support for the proposed concept design and layout. Council also indicated support to establish Pixley Park as the preferred site to construct the facility (Exhibit A), and to include provisions to conduct veterinary services at the facility. APPROVED: Steve Schwabauer Stephen Schwabauer, City Manager \\cvcfilv02\pubwks$\WP\COUNCIL\2022\CC Animal Shelter Site _PSA with LDA docx 5/3/2022 Adopt Resolution Designating Portion of Pixley Park (1041 Auto Center Drive) as Future Animal Services Facility Site; Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with LDA Partners, Inc., of Stockton, California for Design and Construction Document Services for the City of Lodi Animal Services Facility ($992,000); and Appropriate Funds ( $1,200,000) May 18, 2022 Page 2 In November of last year, Staff engaged LDA to prepare a conceptual project design and site assessment study to evaluate the proposed facility size, layout and features needed to serve the community. LDA has designed several animal services facilities throughout California and has provided excellent service to the City during the preliminary design process. Staff requested a proposal (Exhibit B) from LDA to perform the design and construction Document Services for the City of Lodi Animal Services Facility. The scope of work includes schematic design, design development (including civil, landscaping, architectural, structural, mechanical, plumbing and electrical, construction documents) construction administration, and cost estimating. Additional Services provided include topographic survey of site with utility locations, and geotechnical services. Staff recommends Council adopt resolution designating a portion of Pixley Park (1041 Auto Center Drive) as future Animal Services Facility site; adopt resolution authorizing City Manager to execute a Professional Services Agreement with LDA Partners, Inc., of Stockton, California for the Design and Construction Document Services for the City of Lodi Animal Services Facility in the amount of $992,000; and Appropriate Funds in the amount of $900,000. FISCAL IMPACT. The City's operations and maintenance budget for the current Animal Services Facility is $641,360. Constructing a new, larger facility will result in additional facility maintenance costs that are currently unknown but not expected to be significant. Operating costs are also expected to increase but are intended to be absorbed into the current Animal Services budget at this time. FUNDING AVAILABLE: Funding is available from savings associated with refinancing the City's 2012 Lease Revenue Bonds. Requested appropriation: General Fund Capital (43199000.77020) $900,000 FY 21/22 CIP: General Fund Capital (43199000.77020)$300,000 Total $1,200,000 Andrew Keys Andrew Keys Deputy City Manager/Internal Services Director Charles E. Swimley, Jr. Public Works Director CES/cs/cd Site # 1 AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on 2022, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and LDA PARTNERS, 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 Design and Construction Document Services for the City of Lodi Animal Shelter (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 remain in contact with reviewing agencies and make all efforts to review and return all comments. 1 Section 2.3 Meetings CONTRACTOR shall attend meetings as may be set forth in the Scope of Services. Section 2.4 Staffinci CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY's sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change. CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement. Section 2.5 Subcontracts Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement. Section 2.6 Term The term of this Agreement commences on June 1, 2022 and terminates upon the completion of the Scope of Services or on May 31, 2024, whichever occurs first. 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. z CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY. Section 3.2 Method of Payment CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal. Section 3.3 Costs The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY. Section 3.4 Auditing CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. 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. 3 Section 4.2 ADA Compliance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein. Section 4.4 No Personal Liability Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. Section 4.5 Responsibility of CITY CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein. Section 4.6 Insurance Requirements for CONTRACTOR CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference. 4 Section 4.7 Successors and Assigns CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Charles Swimley To CONTRACTOR: LDA Partners, Inc. 222 Central Court Stockton, CA 95204 Attn: Eric Wohle Section 4.9 Cooperation of CITY CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services. Section 4.10 CONTRACTOR is Not an Employee of CITY CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof. Section 4.11 Termination CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, 5 CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement. Section 4.12 Confidentiality CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietary", except to the extent otherwise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act. Section 4.13 Applicable Law Jurisdiction, Severability, and Attorney's Fees This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. In the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's fees from the party who does not prevail as determined by the San Joaquin County Superior Court. Section 4.14 City Business License Requirement CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. Section 4.15 Captions The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder. Section 4.16 Integration and Modification This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties. 6 Section 4.17 Contract Terms Prevail All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail. Section 4.18 Severability The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Section 4.19 Ownership of Documents All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended. Section 4.20 Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.21 Federal Transit Funding Conditions ❑ If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit 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 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 7 "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. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. ATTEST: OLIVIA NASHED City Clerk APPROVED AS TO FORM: JANICE D. MAGDICH, City Attorney By: CITY OF LODI, a municipal corporation STEPHEN SCHWABAUER City Manager LDA PARTNERS, INC., a California corporation Bv: Name: ERIC WOHLE Title: 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: (Business Unit & Account No.) Doc ID:file:///\\cvcfilv02\pubwks$\WP\PROJECTS\PSA's\2022\LDA%20Partners\PSA.doc CA:Rev.07.2021.elecsign 8 1 March 2022 Mr. Charles E. Swimley Jr. City of Lodi Public Works Director 221 W Pine St. Lodi, CA 95240 Re: City ofLod/Anlmal Shelter Dear Mr. Swimley: Exhibit A/B DESIGNERS & ARCHITECTS LDA Partners, Inc., is pleased to forward this proposal for design & construction document services for the proposed City of Lodi Animal Shelter. Our proposal is based upon the assumption of the following scope of work. We propose to provide services in accordance with the following: Project Descrlptlon The Needs Assessment Study defined the project as a single story building on approximately 4.5 acres at a location within the City of Lodi. The total interior building square footage was identified at 12,500 square feet Isfl, along with 3,800 sf of covered areas. The construction costs is estimated at approximately $10,000,000. Project Details Construction Budget = $10,000,000. No LEED requirement, Cal Green mandatory measures. Reference Assessment Report for baseline project description, area. and program. Standard Scope of Services: Schematic Design. Design Development, Construction Documents, Bid and Award, Construction Administration, Closeout, Cost Estimates, Services provided would include complete design services including: civil, landscaping, architectural, animal shelter. structural, mechanical, plumbing, electrical, and cost estimating. Additional Services provided include topographic survey of site with utility locations, and geotech report for design of site, building and landscaping. 1. Schematic Design Phase Services. A. Review and validate data and information contained in the Animal Shelter Needs Assessment Study, prepared by Indigo. B. Facilitate and record meetings with City staff as needed to develop basic components and planning of the building program, and site. C. Create a comprehensive Site Plan D. Provide updated programming documents. E. Provide a cost estimate at the end of the programming confirmation phase. F. Provide topographic survey with utility locations. G. Provide geotechnical report for subject site and building design. H. Facilitate and record meetings with City staff to review building square footage, required utilities, drainage, zoning, and entitlement needs, to develop Schematic Design Documents. I. Obtain, review, and provide Design that meets the applicable Building Codes, City Standards, Entitlement documents, and City guidelines for Design. J. Attend up to 2 community outreach meetings and address points of clarification regarding the project. K. Facilitate and record meetings with City staff to develop Furniture/Fixture/Equipment IFFEI list. L. Attend up to 2 City Planning Commission and/or Council meetings and address points of clarification regarding the project. 222 Central Court. Stockton, CA 95204 I 209.943.0405p I 209.943.0415 f I L D A PA R T N E R S. C O M M. Prepare and submit package for Planning department review, including architectural plans/sections/elevations, materials and color board, and preliminary grading/drainage/SWPPP plans. Refer to City of Lodi Planning Submittal Requirements. N. Meet with City departments as required for Planning review and approval. Prepare and revise documents as necessary. 0. Prepare 30% Schematic Design package for City Council approval. P. Prepare Cost Estimate with 30% Schematic Design drawings. Q. Prepare and submit preliminary specifications, and preliminary product data sheets. Dellverables: 1) (1) one full size print, (1) half size print, and PDF of drawings. 21 (2) copies of Materials and Color boards. 3) Planning Review Package. 4) (1) copy and PDF of programming confirmation package and cost estimate. 51 Topographic survey & Right or Way easement / mapping. b) Geotechnical Report. 2. Design Development Phase Services. A. Facilitate and record meetings with City staff to develop Design Development Documents. B. Update (FFE) list. C. Prepare and submit Design Development Documents, including: site plans (Civil, Architectural, Lighting, Landscape), floor plans/elevations/sections (Architectural, Structural, MEP, Fire Protection). materials and color boards, specifications, and product literature/cut sheets. D. Prepare and submit b0% DD drawings to the City for review & comment E. Prepare Cost Estimate with b0% Design drawings. Deliverables: 11 (1) one full size print, (1) half size print, and PDF of drawings. 2) (1) copy and PDF of specifications set, product literature, and cost estimate. 3) (2) copies of Materials and Color boards. 3. Construction Documents/ Bidding & Award Services. A. Facilitate and record meetings with City staff to develop Construction Documents. B. Prepare and submit copy and PDF of 90% drawings and specifications. C. Prepare and submit Cost Estimate with 90% Design drawings. D. Prepare and submit to Building Department complete set of Documents. E. Correct Documents to reflect issues noted by Review for Permit, and resubmit. F. Prepare and submit copy and PDF of final approved Specifications and Drawings for bidding. Respond to bidder's questions. G. Attend pre-bid meeting and bid opening. H. Prepare addenda as required. Deliverables: 1) (1) one full size print, (1) half size print, and PDF of drawings at 90% and 100%. 2) Full size sets drawings, specifications and calculations for Building Department permit. 3) (1) copy and PDF of specifications set, product literature, and cost estimate. 4) Provide FFE Bid Package 4. Construction Administration & Closeout Services. A. Attend weekly construction meetings, and observe construction. B. Consultants to visit construction site, observe, and provide written site visit notes, at periodic intervals. City of Lodi Animal Shelter 1 March 2022 Page 2 C. Review and respond to CM vetted Requests for Information (RFII. D. Issue Architectural Supplemental Instructions (ASII. E. Review Submittals and shop drawings as required per CM. F. Provide comment on Request for Change Order (RC0), as determined by CM or City. G. Review Punch lists, produce punch lists for specific animal care items. H. Review commissioning reports. I. Provide support services as needed during the project close-out process. J. Issue Final Completion and Acceptance letter to the City. Services Provided byOthers Construction Phase Services to be provided by Others A. Construction meetings, meeting notes. B. Construction contract administration. C. Procurement management. D. Construction CPM scheduling. E. Monitoring of construction schedule. F. Field engineering. G. Construction inspection. H. Building inspection. I. Special inspections. J. Quantity measurements and pay estimates. K. Develop and negotiate contract change orders. L. Review of record drawings. M. Quality assurance and materials testing. N. Analysis of claim. O. Securing operations and maintenance manuals, warranties, and trainings. Exclusions Scope of work for this proposal shall not include: 1. Hazardous materials investigations, surveys or abatement. To be provided under separate Contract if requested. 2. All reproduction costs. 3. Any governmental, regulatory, or permitting fees required by this work. 4. Revisions to plans beyond the initial revisions contemplated herein. Any revisions beyond those contemplated will be performed on an hourly basis, in accordance with the schedule listed herein. 5. Additional services beyond those listed herein. b. LDA Partners, Inc., cannot assume responsibility for construction means, methods, techniques, sequences or procedures, safety precautions, programs connected with the work, or for acts and omissions by the Contractor, subcontractors, or others. 7. Additional services caused by project delays or interruption. 8. Additional services caused by Contractor errors or default in executing the construction project in a proper or timely manner. 9. LDA Partners, Inc. will not be providing inspections or testing before, during or after construction. 10. LEED design or Cal Green Commissioning. 11. Modifications required by the enactment or revision of codes, laws, or regulations subsequent to the preparation of such documents. 12. Inconsistent with approvals or instructions previously given by the City, including revisions made necessary by adjustments in the program or Project budget. 13. Modifications due to changes required as a result of City failure to render decisions in a timely manner (within the agreed-upon time period for the subject decision or milestone). City of Lodi Animal Shelter 1 March 2022 Page 3 14. Modifications required as a result of bids being greater than third party cost estimates Isuch as construction manager). 15. Providing services required due to significant Project scope changes, including, but not limited to, size, quality, complexity, the approved Project schedule, or the method of bidding or negotiating and contracting for construction. 16. Services related to any modification, redesign, or reconstruction of improvements beyond the Project boundary including walkways, parking, fencing, landscaping, other existing structures or buildings. However, the Project Boundary will include sidewalk and drive aisle access and curb cuts/ curb ramps. 17. Services related to initiating, connection, and/or changing utility service (including but not limited to: water, fire service, sewer service, electrical, telephone, data, internet cable orsecurity) such as application preparation, meetings with utility providers, coordination and fees. [Consultant will be responsible for contacting all pertinent utility agencies, fire, sewer, water to determine existing utilities, connection points, capacity to service the site, general agency requirements, etc.) 18. Testing and/or evaluation of any off-site utilities. 19. Radio System, Telephone System , Specialized VSS( i.e. Thermal or IR cameras, Video Analytics) . Audio Visual Systems, Owner Furnished Owner Installed IOFOII Systems 20. Services related to public art selection, engineering, construction, fabrication, assessment, or installation. 21. Preparation of communication, marketing and fundraising materials including flyers, kiosks, animations, artist renderings, physical presentation models, videos, web design and content. 22. Services related to entitlements and/or environmental clearance, including without limitation applications for variances or modifications to CEQA clearances already obtained. 23. Design of building management system or temperature control system. (low voltage cabling is included with this proposal 24. Specialty Signage 25. Title reports 2b. Off -Site frontage Improvements other than utility connections in street and driveways 27. Design or modification of dry or wet utility connections. in the street 2B. On-site verification of hidden building components etc. 29. Design of voice / data equipment (LAN, WAN. PBX, phones, etc). 30. Construction Administration support services to be provided hourly with the Not to Exceed Allowance. Additional services beyond this allowance shall be billed as an additional service. 31. Unused portions of the Reimbursable Allowance will be credited back to the City 32. Preparing as -built documents. 33. Traffic Studies PROPOSED FEE FOR ARCHITECTURAL SERVICES The above services will be performed for a fixed fee. Time expended in the interest of the proiect beyond the allocations indicated below will be billed on an hourly basis in accordance with the attached fee schedule.- Phase chedule: Phase 1: $227,000 Phase 2: $235,000 Phase 3: $350,000 Phase 4: $1b0,000 Reimbursable Allowance: $20,000 Total Proposed Fee: $992,000 Reimbursable Expenses Reimbursable expenses are included as a Not to Exceed Allowance to the compensation for basic services and shall include the actual expenditures made by the Architect and his employees in the interest of the project, at cost plus 10%, which are itemized as follows: City of Lodi Animal Shelter 1 March 2022 Page 4 Reproduction Costs Shipping/Postage Telephone Charges Computer Plotting Mileage/Travel outside of San Joaquin County ITEMIZED EXPENSES 24x 3b Plotl in-housel: $5.00 30 x42 Plot (in-house): $7.50 Mileage. 5.58.5 / mile COST OF SERVICES $175/hour Hourly services shall be provided at the schedule stipulated below: ARCHITECT Designer Principal Architect: $200/hour Project Manager/ Architect: $175/hour Designer / Interior: $155/hour Draftsperson: $135/hour Clerical/Staff: $85/hour MECHANICAL / PLUMBING / FIRE ENGINEERING Principal Engineer $175/hour Engineering: $150/hour Designer $135/hour Drafter $85/hour Administrative $60/hour CIVIL ENGINEERING Principal Engineer $150/hour Civil Engineer $130/hour Project Designer $100/hour Project Support $60/hour Survey: Prevailing Wage ELECTRICAL ENGINEERING Principal Engineer $210/hour Associate $190/hour Project Engineer $160/hour Project Designer $130/hour Drafting: $105/hour STRUCTURAL ENGINEERING Principal Engineer $185/hour Project Manager $160/hour Project Designer $130/hour Drafting $85/hour City of Lodi Animal Shelter 1 March 2022 Page 5 LANDSCAPE ARCHITECTURE Principal Engineer $175/hour Project Manager $135/hour Job Captain $85/hour Project Support $60/hour COST ESTIMATING Principal Estimator $180/hour Project Manager $150/hour Should the project be terminated or extended beyond sixty days from the date of this proposal, the Architect shall be compensated for all services performed to date. All work will be billed on a monthly basis for service performed to date. All monthly billings not paid within 30 days shall be considered past due, and shall accrue interest from the 31st day at a rate of 1-1/2% per month or 18% per annum. The Architect, may at his discretion terminate services if payments are not made within 30 days. Changes to the scope of work shall be subject to renegotiation. This proposal is subject to renegotiation if not agreed upon within sixty )b0) days. The Owner agrees to defend, indemnify, and hold the Architect, his employees, and consultants harmless from any claim or third party claim related to services for the investigation of or remedial work related to asbestos, toxic, hazardous, and/or dangerous materials resulting from the services provided by the Architect pursuant to this Agreement. Should any litigation be commenced between the parties hereto concerning any provision of this Agreement or the rights and obligations of either in relation thereto, the party, the Owner, or the Architect, prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for attorney's fees and court costs as incurred in such litigation, as determined by a court of competent jurisdiction. Services provided by the Architect and his Consultants will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. Architects are licensed and regulated by the California Architects Board located at 2420 Del Paso Road, Suite 105, Sacramento, CA 95834. Should this proposal meet with your approval, please forward a City of Lodi standard form contract, thereby authorizing us to proceed with the Scope of Work. Our office looks forward to the opportunity to work with you and your group, as an effective team, to achieve a successful project. Cordially. Eric Wohle, A.I.A. LEED, ap President, LDA Partners, Inc. City of Lodi Animal Shelter 1 March 2022 Page b OF L EXHIBIT C NOTE. The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City's online insurance program requesting you to forward the email to your insurance provider(s) to submit the required insurance documentation electronically Insurance Requirements for Professional Services Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non - owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant's profession, with limits not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. May be waived by Risk Manager depending on the scope of services. Other Insurance Provisions: (a) Additional Named Insured Status The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used (b) Prima and Non -Contributory Insurance Endorsement The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (c) Waiver of Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Lodi has received a waiver of subrogation endorsement from the insurer NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of therp olect that it is insuring. (d) Severability of Interest Clause The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies. (e) Notice of Cancellation or Change in Coverage Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction_ in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240. _ Page 1 1 of 2 pages Risk: rev. 3/1/2018 (f) Continuity of Coverage All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (Cal ifornia'Government Code Section 810 et seq.). (g) Failure to Comply If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1st) day of the month following the City's notice. Notwithstanding any other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities. (h) Verification of Coverage Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at anytime. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date. (i) Self -Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. (j) Insurance Limits The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents, representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and its officers, officials, employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in the Agreement for Contractor to procure and maintain a policy of insurance. (k) Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors (1) Claims Made Policles If any of the required policies provide coverage on a claims -made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (m) Qualified Insurers] All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements. Page 2 1 of 2 pages I Risk: rev. 3/1/2018 Capital Improvement Plan FY 2021-2022 Project Title: New Animal Shelter Munis Project Code: GFCP-22004 #208 Section I: Description District Nos: 3 Project Length Priority This is to design and construction a new animal shelter for the City. Justification/factor driving project The existing animal shelter is small and outdated. Additional Information The New Animal Shelter Design will cost $300,000 in FY 22 and $600,000 in FY 23. The New Animal Shelter Construction will cost $500,000 in FY 23, $4,000,000 in FY 24, and $4,000,000 in FY 25. Section II: Estimated Project Costs Expenditure Prior Years FY 20121 FY 21122 FY 22123 FY 23124 FY 24125 FY 25126 Future Yrs Total Estimate Budget Contracts $ $ 1,200,000 $ 200,000 $ 4,000,000 $ 4,000,000 $ 9,400,000 Total Capital Costs$ - $ - $ 1,200,000 $ 200,000 $ 4,000,000 $ 4,000,000 $ - $ - $ 9,400,000 Section III: Funding Sources/Methods o Funding Source(s) Prior Years FY 20121 FY 21122 FY 22123 FY 23124 FY 24125 FY 25126 Future Yrs Total Estimate Budget 431 - Capital Outlay/General Fund $ $ 1,200,000 $ 200,000 $ 4,000,000 $ 4,000,000 $ 9,400,000 Total Project Financing $ $ - $ 1,200,000 $ 200,000 $ 4,000,000 $ 4,000,000 $ - $ - $ 9,400,000 Section IV Operating Budget Impact Operating Cost or (savings) Prior Years FY 20121 FY 21122 FY 22123 FY 23124 FY 24125 FY 25126 Future Yrs Total Estimate Budget Personnel $ - $ - Other Operating Costs $ - $ - Total Operating Impact $ - $ - $ - $ - $ - $ - $ - $ - $ - RESOLUTION NO. 2022-128 A RESOLUTION OF THE LODI CITY COUNCIL DESIGNATING A PORTION OF PIXLEY PARK (1041 AUTO CENTER DRIVE) AS THE FUTURE ANIMAL SERVICES FACILITY SITE WHEREAS, the City's current animal services facility has been serving the community since 1958. The facility was last expanded in 1983 and remains significantly undersized and outdated despite substantial growth in the City; and WHEREAS, on April 12, 2022, staff from LDA Partners Architecture and Design (LDA) and City staff conducted a community meeting where attendees were provided a presentation on the proposed building layout and site plans for two potential City -owned locations; and WHEREAS, during this meeting, members of the public and staff were encouraged to provide input on the facility as a whole and asked to provide their preferred site location; and WHEREAS, the feedback included overwhelming support for the Pixley Park Site; and WHEREAS, at the April 26, 2022, Shirtsleeve Session, Council indicated support to establish Pixley Park as the preferred site to construct the facility; and WHEREAS, staff recommends designating a portion of Pixley Park (1041 Auto Center Drive) as the future Animal Services Facility site. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby designate a portion of Pixley Park (1041 Auto Center Drive) as the future Animal Services Facility site; 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 18, 2022 I hereby certify that Resolution No. 2022-128 was passed and adopted by the City Council of the City of Lodi in a regular meeting held May 18, 2022 by the following votes: AYES: COUNCIL MEMBERS — Hothi, Khan, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Kuehne ABSTAIN: COUNCIL MEMBERS — None OLIVIA NASHED City Clerk 2022-128 RESOLUTION NO. 2022-129 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH LDA PARTNERS, INC., OF STOCKTON, FOR DESIGN AND CONSTRUCTION DOCUMENT SERVICES FOR THE CITY OF LODI ANIMAL SERVICES FACILITY; AND FURTHER APPROPRIATING FUNDS WHEREAS, the City's current animal services facility has been serving the community since 1958. The facility was last expanded in 1983 and remains significantly undersized and outdated despite substantial growth in the City; and WHEREAS, staff engaged LDA Partners, Inc., of Stockton, to prepare a conceptual project design and site assessment study to evaluate the proposed facility size, layout, and features needed to serve the community; and WHEREAS, at the April 26, 2022, Shirtsleeve Session, Council received a presentation that included concept level renderings reflecting the proposed architecture of the facility, proposed floorplans, site layout drawings at two City -owned locations, and an introduction to facility costs; and WHEREAS, upon conclusion of the meeting, Council indicated overall support for the proposed concept design and layout, to establish Pixley Park as the preferred site to construct the facility, and to include provisions to conduct veterinary services at the facility; and WHEREAS, staff requested a proposal from LDA to perform the design and construction document services for the facility; the scope of work includes schematic design, design development (including civil, landscaping, architectural, structural, mechanical, plumbing, and electrical construction documents) construction administration, and cost estimating; and WHEREAS, staff recommends authorizing the City Manager to execute a Professional Services Agreement with LDA Partners, Inc., of Stockton, for design and construction document services for the City of Lodi Animal Services Facility, in the amount of $992,000; and WHEREAS, staff further recommends appropriating funds in the amount of $900,000 from General Fund Capital (43199000.77020). NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute a Professional Services Agreement with LDA Partners, Inc., of Stockton, California, for the design and construction document services for the City of Lodi Animal Services Facility, in the amount of $992,000; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize appropriation of funds in the amount of $900,000 as set forth above; 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 18, 2022 I hereby certify that Resolution No. 2022-129 was passed and adopted by the City Council of the City of Lodi in a regular meeting held May 18, 2022 by the following votes: AYES: COUNCIL MEMBERS — Hothi, Khan, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Kuehne ABSTAIN: COUNCIL MEMBERS — None OLIVIA NASHED City Clerk 2022-129