ITEM 4. 13
CITY MANAGER' S REPORT
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE PROFESSIONAL SERVICES
AGREEMENT WITH LDA PARTNERS, INC. FOR
THE LATHROP ANIMAL CENTER, CIP GG 23- 11
RECOMMENDATION: Adopt Resolution Approving a Professional Services Agreement with LDA Partners, Inc.,
for Design and Construction Services for the
Lathrop Animal Center, CIP GG 23- ii
SUMMARY:
On January 9, 2023, the City approved creation of Capital Improvement Project ( CIP) GG 23- 11 ( Project), Lathrop Animal Center and approved an inter- fund loan.
Approval of a Professional Services Agreement ( PSA) with LDA Partners, Inc. ( LDA), in the amount of $ 850, 000 is requested for the design and construction document services for the Lathrop Animal Center.
Due to LDA' s familiarity with the overall goals of CIP GG 23- 11 and involvement for the past several months in the site' s layout and other components of this project, staff solicited and received a proposal from LDA, to prepare the design and construction documents.
Sufficient funds have been allocated in FY 23/ 24 approved budget.
BACKGROUND:
The City of Lathrop' s ( City) animal center services were provided by the City of Manteca via contract until contract expiration on September 30, 2022. On October 10, 2022, City Council approved the creation of CIP GG 21- 13, Temporary Animal Center, and funding of $ 502, 000 for the design and construction of the temporary facility.
The temporary facility was constructed at the Corporation Yard under CIP GG 21- 13, Corporation Yard Remodeling, and provides a building and storage facilities for the temporary centering and care of animals under the purview of Lathrop Animal Services until a permanent facility is designed and constructed. The City- owned parcel at the southeast corner of Louise Avenue and Howland Road has been selected for the site of the permanent animal Center.
On ) anuary 9, 2023, the City approved creation of CIP GG 23- 11, Lathrop Animal Center and approved an inter- fund loan of $ 7, 498, 000 from the General Fund Reserves to fund the design and construction of the project.
CITY MANAGER' S REPORT PAGE 2
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
APPROVE PSA WITH LDA PARTNERS, INC. FOR THE LATHROP ANIMAL CENTER, CIP GG 23- i1
REASON FOR RECOMMENDATION:
The proposed services with LDA will allow staff to move forward with the design phase and construction of the Project.
FISCAL IMPACT:
No fiscal impact. Sufficient funds have been allocated in FY 23/ 24 approved budget for the PSA with LDA for $ 850, 000.
ATTACH M ENTS:
A. Adopt Resolution Approving a Professional Services Agreement with LDA Partners, Inc., for Design and Construction Document Services for the Lathrop Animal Center, CIP GG 23- 11
B. Professional Services Agreement with LDA Partners, Inc., for Design and Construction Document Services for the Lathrop Animal Center, CIP GG 23- 11 CITY MANAGER' S REPORT PAGE 3
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
APPROVE PSA WITH LDA PARTNERS, INC. FOR THE LATHROP ANIMAL CENTER, CIP GG 23- 11
APPROVALS:
r 3 - Z- ZC Z3
Ken Reed Date
Senior Construction Manager
3/
Brad aylor Date
City Engineer
L
Cari ) Date
Direct r f Finance
8 • 2 • 2 02 3
Michael King Date
Assistant ' y Manager
g C"I2
Salvador Navarrete Date
City Attorney
po2 Qj-- 1 - 20Z3
Stephen J. Salvatore Date
City Manager
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH LDA PARTNERS, INC., FOR DESIGN AND CONSTRUCTION SERVICES FOR THE LATHROP ANIMAL CENTER, CIP GG 23- 11
WHEREAS, on October 10, 2022, City Council approved the creation of CIP GG 22- 36, Temporary Animal Center, and funding of $ 502, 000 for the design and construction of this temporary facility; and
WHEREAS, the temporary facility was constructed at the Corporation Yard under CIP GG 21- 13, Corporation Yard Remodeling, and provides a building and storage facilities for the temporary centering and care of animals under the purview of Lathrop Animal Services until a permanent facility is designed and constructed; and
WHEREAS, on January 9, 2023, the City Council approved creation of CIP GG 23- 11, the new Lathrop Animal Center and approved an inter- fund loan of$ 7, 498, 000 from the General Fund Reserves to fund the design and construction of the project; and
WHEREAS, approval of a Professional Services Agreement ( PSA) with LDA Partners, Inc. ( LDA), in the amount of $ 850, 000 is needed for LDA to provide design and construction document services for the Lathrop Animal Center; and WHEREAS, sufficient funds have been allocated in FY 23/ 24 approved budget.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve a Professional Services Agreement with LDA Partners, Inc., in the amount of $850, 000 to provide for LDA to provide design and construction document services for the Lathrop Animal Center, CIP GG 23- 11.
The foregoing resolution was passed and adopted this 14th day of August 2023, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney
ATTACHMENT
CITY OF LATHROP
AGREEMENT FOR PROFESSIONAL SERVICES WITH LDA PARTNERS, INC.
TO PERFORM DESIGN AND CONSTRUCTION DOCUMENT SERVICES FOR THE LATHROP ANIMAL CENTER, CIP GG 23- 11
THIS AGREEMENT, dated for convenience this 14t'' day of August 2023, is by and between LDA Partners, Inc. (" CONSULTANT") and the City of Lathrop, a California municipal corporation (" CITY");
RECITALS:
WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Design and Construction Document Services, which are required by this agreement; and WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, CONSULTANT is willing to render such Design and Construction Document Services, as hereinafter defined, on the following terms and conditions.
NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AGREEMENT
1) Scope of Service
CONSULTANT agrees to perform Design and Construction Document Services in accordance with the scope of work and fee proposal provided by CONSULTANT, attached hereto as Exhibit " A" and incorporated herein by reference. CONSULTANT represents it is prepared to and can diligently perform these services in accordance with the upmost standards of its profession and to CITY'S satisfaction. 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 of in advance and in writing, by the CITY. 2) Compensation
CITY hereby agrees to pay CONSULTANT a sum not to exceed 850 000, for the Design and Construction Document Services set forth in Exhibit" A". CONSULTANT shall be paid any uncontested sum due and payable within thirty ( 30) days of receipt of billings containing all information pursuant to Paragraph 5 below. Compensation for any task must be equal to or less than the percentage of task complete. In no event shall CONSULTANT be entitled to compensation for work not included in Exhibit " A", unless a written change order or authorization describing the extra work and payment terms has been executed by CITY's authorized representative prior to the commencement of the work. Payment is made based on a time and materials basis. 3) Effective Date and Term
The effective date of this Agreement is August 14, 2023, and it shall terminate no later than June 30, 2025.
CITY OF LATHROP- LDA PARTNERS, INC.
PROFESSIONAL SERVICES AGREEMENT FOR THE LATHROP ANIMAL CENTER, CIP GG 23- 11 4) Independent Contractor Status
It is expressly understood and agreed by both parties that CONSULTANT, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the CITY. As an independent contractor, CONSULTANT is responsible for controlling the means and methods to complete the scope of work described in Exhibit " A" to City' s satisfaction. CONSULTANT expressly warrants not to represent, at any time or in any manner, that CONSULTANT is an employee of the CITY.
5) Billinqs
CONSULTANT 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. CONSULTANT' S bills shall include a list of all tasks, a total amount due, the amounts previously billed, and the net amount due on the invoice. Except as specifically authorized by CITY, CONSULTANT shall not bill CITY for duplicate services perFormed by more than one person. In no event shall CONSULTANT submit any billing for an amount in excess of the rates or the maximum amount of compensation provided in section ( 2) for either task or for the entire Agreement, unless modified by a properly executed change order.
6) Advice and Status Reportinq
CONSULTANT shall provide the CITY with timely reports, orally or in writing, of all significant developments arising during performance of its services hereunder, and shall furnish to CITY such information as is necessary to enable CITY to monitor the performance of this Agreement. CONSULTANT shall submit to CITY such reports, diagrams, drawings and other work products developed pursuant to the Scope of Services.
7) Auditinq
CITY reserves the right to periodically audit all charges made by CONSULTANT to CITY for services under this Agreement. Upon request, CONSULTANT agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONSULTANT agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement.
CONSULTANT 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 the requirement. CONSULTANT further agrees to maintain such records for a period of three ( 3) years after final payment under this agreement.
CITY OF LATHROP— LDA PARTNERS, INC.
PROFESSIONAL SERVICES AGREEMENT FOR THE LATHROP ANIMAL CENTER, CIP GG 23- 11 8) Assiqnment of Personnel
CONSULTANT acknowledges that the CITY has relied on CONSULTANT' s capabilities and on the qualifications of CONSULTANT' s principals and staff as identified in its proposal to CITY. The services shall be performed by, or under the direct supervision, of CONSULTANT' s Authorized Representative: Eric Wohle. CITY shall be notified by CONSULTANT of any change of its Authorized Representative, 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 CONSULTANT of any changes of CONSULTANT' s project staff prior to any change. CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. If CITY asks CONSULTANT to remove a person assigned to the work called for under this Agreement, CONSULTANT agrees to do so immediately, without requiring the City to process a reason or explanation for its request.
9) Assiqnment and Subcontractinq
It is recognized by the parties hereto that a substantial inducement to CITY for entering into this Agreement was, and is, the professional reputation and competence of CONSULTANT. Neither this Agreement nor any interest therein may be assigned by CONSULTANT without the prior written approval of CITY'S authorized representative.
CONSULTANT shall not subcontract any portion of the performance contemplated and provided for herein, other than the subcontractors noted in the proposal, without prior written approval of the CITY' S authorized representative. 10) Insurance
On or before beginning any of the services or work called for by any term of this Agreement, CONSULTANT, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections ( a) through ( c) below with insurers and under forms of insurance satisfactory in all respects to the CITY. CONSULTANT shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONSULTANT has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution. a) Workers' Compensation. CONSULTANT shall, at CONSULTANT' S sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' s Liability Insurance for any and all persons employed directly or indirectly by CONSULTANT. Said Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than one million dollars ($ 1, 000, 000). In the alternative, CONSULTANT may rely on a self- insurance program to meet these requirements provided that the program of self- insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONSULTANT, if a program of self-insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement.
CITY OF LATHROP- LDA PARTNERS, INC.
PROFESSIONAL SERVICES AGREEMENT FOR THE LATHROP ANIMAL CENTER, CIP GG 23- 11 b) Commercial General and Automobile Liabilitv Insurance. CONSULTANT, at CONSULTANT' S own cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than two million dollars ($ 2, 000, 000) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles.
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11/ 88) and Insurance Services Office Automobile Liability form CA 0001 ( ed. 12/ 90) Code 1 ( any auto).
Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, agents, and volunteers are to be covered as insured with respect to each of the following: liability arising out of activities performed by or on behalf of CONSULTANT, including the insider' s general supervision of CONSULTANT; products and completed operations of CONSULTANT; premises owned, occupied or used by CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claim made basis.
iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage.
iv) Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers.
v) Insurance is to be placed with California- admitted insurers with a Best' s rating of no less than A: VII.
vi) Notice of cancellation or non- renewal must be received by CITY at least thirty days prior to such change.
CITY OF LATHROP- LDA PARTNERS, INC.
PROFESSIONAL SERVICES AGREEMENT FOR THE LATHROP ANIMAL CENTER, CIP GG 23- 11 c) Professional Liabilitv. CONSULTANT, at CONSULTANT' S own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals perForming work pursuant to this Agreement in an amount not less than Two Million Dollars ($ 2, 000,000) per claim made and per policy aggregate covering the licensed professionals' errors and omissions, as follows:
i) Any deductible or self- insured retention shall not exceed $ 150, 000 per claim.
ii) Notice of cancellation, material change, or non- renewal must be received by the CITY at least thirty days prior to such change shall be included in the coverage or added as an endorsement to the policy.
iii) The policy must contain a cross liability or severability of interest clause.
iv) The following provisions shall apply if the professional liability coverages are written on a claims made form:
1. The retroactive date of the policy must be shown and must be before the date of the Agreement.
2. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially
available at reasonable rates.
3. If coverage is canceled or not renewed and it is not replaced with another claims made policy form with a retroactive date that precedes the date of this Agreement, CONSULTANT
must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work.
The CITY shall have the right to exercise at the
CONSULTANT' S cost, any extended reporting provisions of the policy should the CONSULTANT cancel or not renew
the coverage.
4. A copy of the claim reporting requirements must be
submitted to the CITY prior to the commencement of any
work under this Agreement.
d) Deductibles and Self-Insured Retentions. CONSULTANT shall disclose the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, upon express written authorization of the CITY' s authorized representative, CONSULTANT may increase such deductibles or self- insured retentions with respect to CITY, its officers, employees, agents, and volunteers.
CITY OF LATHROP- LDA PARTNERS, INC.
PROFESSIONAL SERVICES AGREEMENT FOR THE LATHROP ANIMAL CENTER, CIP GG 23- 11 The CITY' s authorized representative may condition approval of an increase in deductible or self- insured retention levels upon a requirement that CONSULTANT procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. e) Notice of Reduction in Coveraqe. In the event that any coverage required under subsections( a), ( b), or( c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, CONSULTANT shall provide written notice to CITY at CONSULTANT' S earliest possible opportunity and in no case later than five days after CONSULTANT is notified of the change in coverage.
f) In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
ii) Order CONSULTANT to stop work under this Agreement or withhold any payment which becomes due to CONSULTANT
hereunder, or both stop work and withhold any payment, until CONSULTANT demonstrates compliance with the requirements hereof;
iii) Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT' S breach.
11) Indemnification - CONSULTANT' S Responsibilitv
As to the CONSULTANT' S work hereunder, it is understood and agreed that ( a) CONSULTANT has the professional skills necessary to perform the work, ( b) CITY relies upon the professional skills of CONSULTANT to perform the work in a skillful and professional manner, and ( c) CONSULTANT thus agrees to so perform. Acceptance by CITY of the work performed under this Agreement does not operate as a release of said CONSULTANT from such professional responsibility for the work performed. It is further understood and agreed that CONSULTANT is apprised of the scope of the work to be performed under this Agreement and CONSULTANT agrees that said work can and shall be performed in a fully competent manner in accordance with the standard of care applicable to CONSULTANT' S profession. CONSULTANT shall indemnify, defend, and hold CITY, its officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused by the willful misconduct or negligent acts or omissions of CONSULTANT, its employees, subcontractors, or agents, or on account of the performance or character of this work, except for any such claim arising out of the negligence or willful misconduct of the CITY, its officers, employees, agents, or volunteers.
CITY OF LATHROP— LDA PARTNERS, INC.
PROFESSIONAL SERVICES AGREEMENT FOR THE LATHROP ANIMAL CENTER, CIP GG 23- 11 It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
12) Licenses
If a license of any kind, which term is intended to include evidence of registration, is required of CONSULTANT, its employees, agents, or subcontractors by federal or state law, CONSULTANT warrants that such license has been obtained, is valid and in good standing, and CONSULTANT shall keep it in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
13) Business Licenses
CONSULTANT shall obtain and maintain a CITY of Lathrop Business License until all Agreement services are rendered and accepted by the CITY. 14) Termination
Either CITY or CONSULTANT may cancel this Agreement upon 30 days written notification to the other party. Upon termination, or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONSULTANT to CITY within ten ( 10) calendar days.
15) Fundinq
CONSULTANT agrees and understands that renewal of this agreement in subsequent years is contingent upon action by the City Council consistent with the appropriations limits of Article XIII ( B) of the California Constitution and that the Council may determine not to fund this agreement in subsequent years.
16) Notices
All contracts, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if ( 1) personally served, ( 2) sent by the United States mail, postage prepaid, ( 3) sent by private express delivery service, or ( 4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two ( 2) Days by delivery of a hard copy of the material sent by facsimile transmission. Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
CITY OF LATHROP- LDA PARTNERS, INC.
PROFESSIONAL SERVICES AGREEMENT FOR THE LATHROP ANIMAL CENTER, CIP GG 23- 11 To City: City of Lathrop
City Clerk
390 Towne Centre
Lathrop, CA 95330
Copy to: City of Lathrop
Department of Public Works
390 Towne Centre
Lathrop, CA 95330
MAIN: ( 209) 941- 7430
FAX: ( 209) 941- 7449
To Consultant: LDA Partners, Inc.
222 Central Court
Stockton, CA 95204
Phone: ( 209) 943- 0405
17) Miscellaneous
a) Consent. Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. b) 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 attached exhibits, the terms of this Agreement shall prevail.
c) Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the Laws of the State of California. d) Definitions. The definitions and terms are as defined in these specifications. e) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority. f) Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. g) Incorporation of Documents. All documents constituting the Agreement documents described in Section 1 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in the Agreement and shall be deemed to be part of this Agreement.
h) Integration. This Agreement and any amendments hereto between the parties constitute the entire Agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Agreement.
CITY OF LATHROP- LDA PARTNERS, INC.
PROFESSIONAL SERVICES AGREEMENT FOR THE LATHROP ANIMAL CENTER, CIP GG 23- 11 i) Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties.
j) 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 the CITY. Upon CITY' s request, CONSULTANT shall allow CITY to inspect all such documents during the CONSULTANT' s regular business hours.
k) Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Agreement shall define or otherwise control, establish or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
I) Severability. The invalidity in whole or part of any provision of this Agreement shall not void or affect the validity of any other provision of this agreement. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.
m) Status of CONSULTANT. In the exercise of rights and obligations under this Agreement, CONSULTANT acts as an independent contractor and not as an agent or employee of CITY. CONSULTANT shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of CITY, and CONSULTANT expressly waives any and all claims to such right and benefits.
n) Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. o) Time of the Essence. Time is of the essence of this Agreement and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last.
If the time in which an act is to be perFormed falls on a Saturday, Sunday or any Day observed as a legal holiday by CITY, the time for performance shall be extended to the following Business Day.
p) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
q) Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs, including reasonable attorney' s fees, incurred or expended in connection with such action against the non- prevailing party.
CITY OF LATHROP— LDA PARTNERS, INC.
PROFESSIONAL SERVICES AGREEMENT FOR THE LATHROP ANIMAL CENTER, CIP GG 23- 11 18) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONSULTANT for any services prior to issuance of the Notice to Proceed. 19) Siqnatures
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
CITY OF LATHROP— LDA PARTNERS, INC.
PROFESSIONAL SERVICES AGREEMENT FOR THE LATHROP ANIMAL CENTER, CIP GG 23- 11 Approved as to Form: City of Lathrop
Cit Atto
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Assistant City Manager
Michael King Date
Approved by: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
Consultant: LDA Partners, Inc.
222 Central Court
Stockton, CA 95204
Fed ID # 82- 3027292
Lathrop Business License # 20900
Signature Date
Print Name and Title
EXHIBIT "" "
DESIGNERS & ARCHITECTS
I June 2023
Mr. Ken Reed
Senior Construction Manager
City of Lathrop
390 Towne Centre Drive
Lathrop. CA 95330
Re: LathropAnimalShelter
Dear Mr. Reed:
Thank you for your continued interest and trust in LDA Partners to help facilitate the design& construction of the proposed Lathrop Animal Shelter. We are pleased to forward this proposal for design& construction document services. We propose to provide services in accordance with the following and is based upon the assumption of the following scope of work:
ProJect Detalls
Construction Budget= 57.500.000. No LEED requirement, Project to meet Cal Green mandatory measures. The project is intended as a single story building on approximately 2 acres at the Southeast corner of Louise Ave& Howland Rd. within the City of Lathrop. The total interior building square footage is approx. 7,000 square feet Isf, along with associated covered areas.
ProJect Scope:
I. Programming/ Conceptual Design
II. Design Development& Construction Documents
III. Construction Administration
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, lands aping, architectural, animal sheltering, structural, mechanical, plumbing, electrical, and cost estimating.
Scope of Services
IA. Program Revlew
A. Review the existing City of Lathrop animal services needs to establish basis of facility needs.
B. Review and validate data and information to establish a defined program and space needs.
C. Facilitate meetings with City staff, to develop basic components and planning of the building program, and site.
D. Provide conceptual floor plan study to determine site viability.
E. Review and recommend proposed building systems and structure to accommodate proposed design.
F. Provide updated programming documents.
IB. Schematic Design Phase
A. Create conceptual floor plan& exterior elevations,& renderings.
B. Create a comprehensive Site Plan.
C. Provide topographic survey with utility locations.
D. Provide geotechnical report for subject site and building design.
E. Facilitate meetings with City staff to review building square footage, required utilities, drainage, zoning, and entitlement needs, to develop Schematic Design Documents.
ZZZ Central Court, Stockton. CA 45Z04 ( Z09 943 0405 p I Z09.943 04' 15 f I L D A PA R T N E R S. C 0 M F. Obtain, review, and provide Design that meets the applicable Building Codes, City Standards, Entitlement documents, and City guidelines for Design.
G. Facilitate meetings with City staff to develop Furniture/ Fi ure/ Equipment IFFEI list.
H. Attend up to 2 City Planning Commission and/ or Council meetings and address points of clarification regarding the project.
I. 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 Lathrop Planning Submittal Requirements.
J. Meet with City departments as required for Planning review and approval. Prepare and revise documents as necessary.
K. Prepare 30 Schematic Design package for City Council approval.
L. Prepare Cost Estimate with 30%Schematic Design drawings.
II. Design Development Phase Services.
A. Facilitate meetings with City staff to develop Design Development Documents.
B. Update( FFEI list.
C. Prepare and submit Design Development Documents, including: site plans ICivil, Architectural, Lighting, Landscapel, floor plans/ elevations/ sections IArchitectural, Structural. MEP. Fire Protectionl, materials and color boards, specifications, and product literature/ cut sheets.
D. Prepare and submit 60% DD drawings to the City for review& comment E. Prepare Cost Estimate with 60% Design drawings.
III. Constructfon Documents/ Bidding& Award Services.
A. Fa ilitate 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 omplete 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.
IV. Constructlon Administratlon& 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.
C. Review and respond 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 IRCOI. 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.
Lathrop Animal Shelter
I June 2023
Exclusions
Scope of work for this proposal shall not include:
I. Hazardous materials investigations, surveys or abatement.
2. All reproduction costs.
3. Any governmental, regulatory, or permitting fees required by this work.
4. Revisions to conceptual plans, design development drawings, or construction documents, 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. 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.
b. Additional services caused by project delays or interruption.
7. Additional services caused by Contractor errors or default in executing the construction project in a proper or timely manner.
8. LDA Partners, Inc. will not be providing inspections or testing before, during or after construction.
9. LEED design, documents, or Cal Green Commissioning.
10. Modifications required by the enactment or revision of codes, laws, or regulations subsequent to the preparation of such documents.
i' i. Modifications inconsistent with approvals or instructions previously given by the City.
12. Modifications required as a result of bids being greater than third party cost estimates ( such as construction managerl.
13. 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.
14. Services related to any modification, redesign. or reconstruction of improvements beyond the Project boundary including walkways, parking, fencing, landscaping, other existing stru tures or buildings.
15. Off- Site Analysis, testing, or Capacity Verification and/ or Design of Storm, Sewer, or Water Utilities.
16. Radio System, Telephone System, Specialized VSSI i. e. Thermal or IR cameras. Video Analytics) , Audio Visual Systems, Owner Furnished Owner Installed IOFOII Systems
17. Servi es related to public art selection, engineering, construction, fabrication, assessment, or installation.
18. Preparation of communication, marketing and fundraising materials including flyers, kiosks, animations, artist renderings, physical presentation models, videos, web design and content.
19. Services related to entitlements and/ or environmental clearance, including applications for variances or modifications to CEQA clearances already obtained.
20. Design of building management system or temperature control system. ( low voltage cabling is included with this proposal
21. Title Reports and supplemental documentation, ALTA Survey/ Record of Survey, Boundary Survey. Ithe ClienYs Title Company should be contacted for the fees associated with these servicesl.
22. Off- Site frontage Improvements other than utility connections in street and driveways
23. Any offsite improvements or easement acquisition.
24. Storm Water Quality Control Plan
Z5. Public plan and profile
zb. Site QSD/ QSP services
27. Design or modification of dry or wet utility connections. in the street
28. On- site verification of hidden utilities, building components etc.
29. Design of voice/ data equipment ILAN, WAN, PBX, phones, etcl.
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. 3' I. Preparing as- built documents.
32. Traffic Studies
33. Fire sprinkler design, engineering, and documents. To be performance criteria design- build.
34. Joint Trench Plans/ Dry Utility Design/ Underground Electrical Design/ Gas Design.
35. Construction staking, inspection, observation, and reports Lathrop Animal Shelter
I June 2023
36. Non- Building Code Required Signage.
37. Power& data site infrastructure& site connections
38. Site utility investigation or potholing to determine location and/ or elevation of underground utilities. We anticipate relying on information to be provided by the City for all existing utilities and boundary information.
39. Design of communication tower.
40. Completion of NRCA and NRCX forms.
4' i. Planning and environmental studies, applications or permitting with local, state and federal agencies. 4Z. Final or Parcel Map preparation, submittal and processing.
43. Dust Control/ Air Quality Control.
44. Additional services beyond those listed herein.
45. Geotechnical testing. reports, and investigations.
PROPOSEO FEE FOR ARCHITECTURAL SERVICES
The above se vices urill be performed for a fixed fee. Time expended in the inte est of the project beyond the allocations indicated be%m urill be billed on an hourly basis in accordance urith the attached fee schedule:
I. Programming/ Conceptual Design: S175, 000
II. Design Development: S' 195, 000
III. Construction Documents: 5320, 000
IV. Construction Administration: S' 145, 000
V. Reimbursable Allowance: 5' I5. 000
Total: 850,000
Reimbursable Expenses
Reimbursable expenses are listed as an allowance and are in addition 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: Unused portions of the Reimbursable Allowance will be credited bacFs to the City.
Reproduction Costs
Shipping/ Postage
Telephone Charges
Computer Plotting
Mileage/ Travel outside of San Joaquin County
Should our services be required in addition to these allocations, all additional services will be provided on an hourly basis, in accordance with the following schedule:
Archited
Principal Architect: Z80. 00/ hour
Project Manager/ Archite t: 5250. 00/ hour
Planner: 5200. 00/ hour
Designer/ Interior: S' I75. 00/ hour
Draftsperson: S' I50.00/ hour
Clerical/ Staff: 595. 00/ hour
Should the project be terminated or extended beyond si y 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 3' Ist day at a rate of I-' I/ 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 I60) days.
Lathrop Animal Shelter
I June 2023
Drawings and specifications as instruments of service, not products, shall remain the property of the Architect whether the project for whi h they are intended is executed or not. The Owner shall be permitted to retain copies of Architects work for information and reference in connection with the Owner' s use of the project. The drawings or other work shall not be used by the Owner or others, for other projects, for additions to the project or completion of the project by others, except by written agreement by Architect.
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 remediai 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 obtigations 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 95B34.
Our office looks forward to the continued opportunity to work with you and the City, to achieve another successful project. If you have any questions, piease let me know.
Cordially,
Eric Wohle, A. I. A.
President
LDA Partners. Inc.
Lathrop Animal Shelter
I June 2023