Professional Services Contract – SWATT MIERS ARCHITECTS – PROJECT NO. P023001 (Updated 02/28/18)
PROFESSI
ONAL SERVICES CONTRACT
THIS CONTRACT is entered into this day of 2022, between the CITY OF STOCKTON, a municipal corporation (“City”), and SWATT MIERS ARCHITECTS whose address is 5845 DOYLE STREET, SUITE 104, EMERYVILLE, CA 94608 (“Consultant”) for the ANIMAL SHELTER RENOVATION (PROJECT NO.
P023001), hereinafter referred to as "Project".
RECITALS
A. Consultant represents that it is licensed in the State of California and is qualified to provide the services proposed in the SCOPE OF WORK section of this Contract.
B. City finds it necessary and advisable to use the services of the Consultant for the purposes provided in this Contract.
NOW THEREFORE , in consideration of the mu tual promises, covenants, and conditions in this Contract, City and Consultant agree as follows:
1. SCOPE OF SERVICES. Subject to the terms and conditions set forth in this Contract, Consultant shall undertake and complete the services described in Exhibit A. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A and compatible with the standards of the profession. Consultant agrees that it shall produce a fully complete project that is acceptable to the City.
2. COMPENSATION. City shall pay Consultant for services outlined in Exhibit A according to the fee not to exceed the schedule detailed in Exhibit B, which is attached to this Contract and incorporated by this refer ence. Consultant agrees this fee is for full remuneration for performing all services and furnishing all staffing and materials called for in the scope of services. The payments shall be made on a monthly basis upon receipt and approval of Consultant’s invoice. Total compensation for services and reimbursement for costs shall not exceed $712,809.00 or as otherwise mutually agreed to in a Contract Amendment.
3. INSURANCE. During the term of this Contract, Consultant shall maintain in full force and effect at its own cost and expens e the insurance coverage as set forth in the attached Exhibit C and shall otherwise comply with the other provisions of Exhibit C.
4. INDEMNITY AND HOLD HARMLESS. With the exception that this section shall in no event be construed to require indemnification by Consultant to a greater extent than permitted under the public policy of the State of California, Consultant shall
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Professional Services Contract – SWATT MIERS ARCHITECTS – PROJECT NO. P023001 (Updated 02/28/18)
indemnify, and hold harmless City, its Mayor, Council, officials, and employees from and against any and all claims and causes of acti on which result in liabilities, judgments, awards, losses, damages, expenses, and costs (including reasonable attorneys’ fees, expert and consultant fees, and other expenses of litigation) including, but not limited to, death or injury to persons, or damage to pr operty, which arise out of any violation of federal, state, or municipal law or ordinanc e, to the extent damages are caused by the Consultant’s negligent services provided under this Agreement, or are in any way caused by the negligent performance of work by the Consultant or Consultant’s officers, agents, employees, or subcontractors. Consultant s hall not be obligated to indemnify or defend City for claims finally determined by a court of law or arbitrator to arise from the negligence or willful misconduct of the City. It is the intent of the Parties that this indemnity obligation is at least as broad as is permitted under Califo rnia law. To the extent California Civil Code sections 2782, et seq., limit the defense or indemnity ob ligations of Consultant to City, the intent hereunder is to provide t he maximum defense and indemnity obligations allowed by Consultant under the law. The indemnity set forth in this section shall not be limited by insurance requirements or by any other provision of this Agreement.
With the exception that this section shall in no event be construed to require indemnification by Consultant to a greater extent than permitted u nder the public policy of the State of California, and in addition to the other indem nity obligations in this Agreement, Consultant shall indemnify, defend, and hold harmless City, its Mayor, Council, officials, representatives, and employees from and against claims, losses, expenses, and costs including, but not limited to, reasonable attorneys’ fees, arising out of any claim brought against the City by an employee of Consultant, regardless of whether such claim may be covered by any applicab le workers compensation insurance.
Consultant’s indemnification obligation is not limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Consultant under workers’ compensation acts, disability acts, or other employee benefit acts.
5. SCHEDULE AND TERM. Consultant shall perform the scope of work as described in Exhibit A according to the schedule detailed in Exhibit A, which is attached to this Contract and incorporated by this reference. This Contract shall commence on the date written above and shall expire on August 31, 2025 , unless extended by mutual agreement through the issuance of a Contract Amendment. a. Invoices submitted by Consultant to City must contain a brief description of work performed, time used, and include the City project number. Payment shall be made within thirty (30) days of approval of invoice by City. b. Upon completion of work and acceptance by City, Consultant shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitat ion. City shall have no obligation or liability to pay any invoice for work performed whic h Consultant fails or neglects to
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Professional Services Contract – SWATT MIERS ARCHITECTS – PROJECT NO. P023001 (Updated 02/28/18)
submit within sixty (60) days, or any extension thereof granted by the City, after work is accepted by City.
6. CONFORMANCE TO APPLICABLE LAWS. Consultant shall comply with all applicable federal, State, and Municipal laws, rules, and ordinances. Consultant shall not discriminate in the employme nt of persons or in the prov ision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
a. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the ben
efits o f, or be subjected to
discrimination under any pr ogram or activity receiving federal financial assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm .
The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIMINATION AND HA
RASSMENT POLICY
The City of Stockton has a Discrimination and Harass
ment Policy (Exhibit
D). The purpose of this policy is to reaffirm the City’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigat ing, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVISIO NS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth i n Chapter 1, Part 7,
Division 2 of the California Labor C ode shall be considered part of the contract
agreement. https://leginfo.legislature.ca.gov/faces/codes_displayText.xht ml?lawCode=LAB&division=2.&title=&part=7.&chapter=1.&article=2. d. PREVAILING WAGE RATES
Consultant and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relatio
ns of the State of California has
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Professional Services Contract – SWATT MIERS ARCHITECTS – PROJECT NO. P023001 (Updated 02/28/18)
determined the general prevailing rate s of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar pur poses applicable to the work to be done. Consultant performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determi nation for each craft reflects an expiration date, it shall be the prime Consultant and each subcontractor's responsibility to insure that the prevai ling wage rates of concern is current and paid to the employee.
i. The Consultant performing the work shall be responsible for obtaining a copy of the State wage rate det ermination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.p df. The Consultant shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the Consultant choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the Consultant shall reimburse the City the actual co st of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the City, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of Califo rnia. To forfeit as a penalty to City the sum of TWENTY-FIVE A ND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under Consultant, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work mo re than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the St ate of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract. iii. PAYROLL RECORDS - The Consultant to whom the contract is awarded shall insure that the prim e and each subcontractor will, in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention: Contract Compliance Officer. It shall be the Consultant’s responsibility to obtain copies of the current prevailing wage rate determination for all
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Professional Services Contract – SWATT MIERS ARCHITECTS – PROJECT NO. P023001 (Updated 02/28/18)
subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. APPRENTICESHIP STANDARDS - The Consultant shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) ce rtified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to admin ister and conduct apprenticeship programs, if applicable to the job.
7. RIGHTS AND DUTIES OF CITY. City shall make available to Consultant all data and information in the possession of City which both parties deem necessary to complete the work, and City shall actively ai d and assist Consultant in obtaining such information as may be deemed necessary from other agencies and individuals.
8. OBLIGATIONS OF CONSULTANT. Throughout the term of this Contract, Consultant represents and warrant s that it has or will have at the time this Contract is executed, all licenses, permits , qualifications, insurance, and approvals of whatsoever nature which are legally requir ed for the Consultant to pr actice its professions, and Consultant shall, at its own cost and expense, keep in effect during the life of this Contract all such licenses, permits, qualifications, insurance, and approvals. Consultant shall meet with the Public Works Director or other personnel of City or third parties as necessary on all matters connected with the carrying out of Consultant’s services. Such meetings shall be held at the request of either party hereto. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.
9. OWNERSHIP OF WORK. All reports, drawings, designs, plan review comments, work product, and all other document s completed or partially completed by Consultant in the performance of this Contract shall become and remain the property of the City. Any and all copyrightable subject ma tter in all materials is hereby assigned to the City and the Consultant agrees to exec ute any additional do cuments that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Contract. If any materials are lost, damaged, or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Consultant shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Contract and shall not be disclosed to anyone not connected with these services unless the City expressly provides prior written consent.
10. CONTRACT AMENDMENTS. City reserves the right to make such alterations as may be deemed necessary or advisable and to require such extra work as may be required for the proper completion of the work contemplated by Consultant. Any such changes will be set forth in a Contract Amendment which will specify, in addition to
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Professional Services Contract – SWATT MIERS ARCHITECTS – PROJECT NO. P023001 (Updated 02/28/18)
the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A Contract Amendment will not become effective until approved by the authorized City official.
11. TE
RMINATION. The City may terminate this Contract at any time by mailing a notice in writing to Consultant. The Contract shall then be deemed terminated and no further work shall be performed by Consultan t. If the Contract is so terminated, the Consultant shall be paid for that percentage of work actually completed at the time the notice of termination is received.
12. CONSULTANT STATUS. In performing the obligat ions set forth in this Contract, Consultant shall have the status of an independent contractor and Consultant shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Cons ultant are its agents and employees, and are not agents of the City. Subcontractors shall not be recognized as having any direct or contractual relationship with the City. The persons engaged in the work, including employees of subcontractors and suppliers, will be considered employees of Consultant.
The Consultant shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Contract. The Cons ultant is responsible to the City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them. a. If in the performance of this Contra ct any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of C onsultant. All terms of employment including hours, wages, working c onditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Consultant.
i. It is further understood and agreed t hat Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant’s personnel.
ii. As an independent cont ractor, Consultant he reby indemnifies and holds City harmless from any and all claims that may be made against the City based upon any content ion by any third party that employer-employee relationship exists by reason of this Contract.
13. ASSIGNMENT. Consultant shall not assign, sublet, or transfer this Contract or any interest or obligation in the Contract without the prior writt en consent of the City, and then only upon such terms and conditions as City may set forth in writing. Consultant shall be solely responsible for reimbursing subcontractors.
14. HEADINGS NOT CONTROLLING. Headings used in the Contract are for reference purposes only and shall not be considered in construing this Contract.
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Professional Services Contract – SWATT MIERS ARCHITECTS – PROJECT NO. P023001 (Updated 02/28/18)
15. NOTI
CES. Any and all notices herein require d shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:
To Consultant:
Swatt Miers Architects To City: Public Works Director
5845 Doyle Street City of Stockton
Suite 104 22 E. Weber Ave., Rm. 301
Emeryville, CA 94608 Stockton, CA 95202
16. LICENSES, CERTIFICATIONS, AND PERMITS. Prior to the City’s execution of this Contract and prior to t he Consultant’s engaging in any operation or activity set forth in this Contract, Consulta nt shall obtain a City of Stockton business license, which must be kept in effect duri ng the term of this Co ntract. Consultant covenants that it has obtained al l certificates, licenses, permits and the like required to perform the services under this Contract.
17. RECORDS AND AUDITS. City reserves the right to periodically audit all charges made by Consultant to City for services under this Contract. Upon request, Consultant agrees to furnish City, or a designated representat ive, with necessary information and assistance.
Consultant agrees that City or its delegate shall have the right to review, obtain, and copy all records pertaining to performance of the Contract. Consultant agrees to provide City or its delegate with any relevant informati on requested, and shall permit City or its delegate access to its prem ises, upon reasonable notice, dur ing 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 purposes of determining compliance wit h this Contract. Consultant agrees to maintain such records for a period of three years from the date that final payment is made.
18. CONFIDENTIALITY. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.
19. CONFLICTS OF INTEREST. Consultant covenants that other than this Contract, Consultant has no financial interest with any official, employee, or other representative of the City. Consultant and its principals do not have any financial interest in real property, sources of income or inve stment that would be a ffected in any manner or degree by the performance of Consultant’s services under this Contract. If such an interest arises, Consultant will immediately notify City.
20. WAIVER. In the event either City or C onsultant at any time waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Contract, whether of the same or of any other covenant, condition, or obligation.
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Professional Services Contract – SWATT MIERS ARCHITECTS – PROJECT NO. P023001 (Updated 02/28/18)
21. GOVERNING LAW. California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the federal District Court of California, Eastern District, Sacramento Division.
22. NO PERSONAL LIABILITY. No official or employee of City shall be personally liable to Consultant in the event of any default or breach by City or for any amount due Consultant.
23. INTEGRATION AND MODIFICATION. The response by Consultant to the Request for Proposals and the Request for Proposals on file with the City Clerk are hereby incorporated herein by reference to the extent that such documents do not differ from the provisions and terms of this Contract that shall supersede such response to Request for Proposals. This Contract represents the entire integrated agreement between Consultant and City, supersedes all prior negotiations, representations, or agreements, either written or oral, between the parties, and may be am ended only by written instrument signed by Consultant and City. All exhibits and this contract are intended to be construed as a single document. Should any inconsistency o ccur between the specific terms of this Contract and the attached exhibits, the terms of this Contract will prevail.
24. SEVERABILITY. The provisions of this Contract are severable to the extent that should any of its provisions or terms be declared void in whole or in part by operation of law or agreement of the parties, the remainder of the provisions or terms not expressly declared void shall remain enforceable and in full effect.
25. THIRD PARTY RIGHTS. Nothing in this Contract shall be construed to give any rights or benefits to anyone other than City and Consultant.
26. AUTHORITY. The undersigned hereby represent and warrant that they are authorized by the parties to execute this Contract.
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4.0 DETAILED WORK PLAN
SWATT | MIERS ARCHITECTS STOCKTON ANIMAL SHELTER RENOVATION As discussed in our 1.0 Project Summary and 3.0 Project Understanding we are proposing to commence the project with 3 specific areas of work occurring currently.
These include the following;
A. PHASE 1
A.1 Space Programming and Needs Assessment Study - See detail below A.1.1 Projected Animals Held Calculations - to determine Kennel needs - See detail below and Appendix for examples
A.1.2 Facility Program - Outlining all required animal holding and functional spaces - See Details below and Appendix with examples
A.1.3 Needs Assessment Study - This study will include A.1.1 and A.1.2 above and include the rationale and basis for all requirements.
A.2 A&E Team evaluation of all existing building systems including Background Research of existing plans and maintenance issues - This will include written reports for each building system including structural, mechanical, plumbing, electrical, ADA compliance and other code related issues as well as recommendations on improvements/corrections.
A.3 Hazardous Material Study - The focus of this study will be not only on existing hazardous ,materials but the nature of these materials relative to being friable or non friable and whether 1) its removal is necessary and 2) does the material affect work in these areas based upon other ongoing studies in this phase.
A.4 Plan Alternatives - Based upon the Needs Assessment Study above, we will develop alternative plans for all spaces outlined in the RFP along with other conditions which we find are either in need of correction or improvement. These plans will include alternatives to the base program spaces which will be estimated along with the base program areas to better allow staff the ability to adjust the required program areas and improvements to the available budget.
A.5 Develop an Outline Specification and Narrative of Intended Work - In order for the cost estimator to develop a meaningful concept cost estimate, it is important that we provide additional qualitative requirements upon which the costs can be based.
These recommendations can be expected to range from improvements to plumbing and cleaning systems to ADA related upgrades.
A.6 Concept Cost Estimate - We will develop a concept design cost estimate including alternatives based upon all the work outlined under tasks A.1 thru A.5 above. While subsequent estimates may contain more detail, we feel this is the most important estimate as it will be the basis of how the Team proceeds with the final scope of work.
A.7 City of Stockton and A&E Team to agree upon the Project Scope of Work - In order to proceed further with development of a scope of work that meets the City’s budget, it is imperative that there be a clear agreement of the desired work that is realistic given the budget. We strongly feel that this is ihe most critical moment in the project as this is the foundation upon which all subsequent work will be based.
Program Chart
Concept Test Plan
Test Program Diagram
EXHIBIT A
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4.0 DETAILED WORK PLAN
SWATT | MIERS ARCHITECTS STOCKTON ANIMAL SHELTER RENOVATION B. PHASE 2 - Design Development - While this phase is not mentioned in the City’s RFP, it is a critical phase whereby the design and renovation elements approved in the Concept Design phase above, are developed and evaluated relative to the approved concept cost.
B.1 DD Cost Estimate
C. PHASE 3 - Construction Documents - This phase will commence once the DD estimate and scope of work is approved. Managing the project and all consultants while always of major import is particularly key during this phase so as to keep scope of work aligned with budget and schedule.
C.1 65% CD Cost Estimate
C.2 95% CD Cost Estimate
C.3 - Prepare complete Specifications - and incorporate City’s front end documents as directed.
D. PHASE 4 - Permit Submittal and Review Our scope of work during this phase will follow the City’s RFP and traditional scope of work for public projects. We will coordinate all Plan check review comments and make sure our team response is thorough and timely.
E. PHASE 5 - Bidding - While we assume that the City will take the lead in issuance of the bid documents, we are available to assist in any way the City wishes. In particular, we will answer all bidder questions and issue Addendums as needed.
F. PHASE 6 - Construction Support - In Section 4.7 of the RFP the City clearly calls out the intended role of the design team which we will follow.
F.1 - As-Built Drawings - We will include sections in the Bid Document specifications which call for the General Contractor to maintain in progress As-Built drawings at the job site trailer which can always be accessed by the City and Design Team. Upon completion of the project, we and our Consultant team will use i]^h On Site As- Built set to update the contract documents into a formal, reproducible As-Built set of documents.
Programming Approach
Our firm places special emphasis on developing thorough Needs Assessment and Facility Program studies as well as a very detailed Concept Design – well beyond the scope of work which most professionals associate with these two phases. Our reasoning for this is simple – these are the phases wherein most of the important design, budget and operational decisions are made by the Client/User Team. Our Programming Approach and Methodology outlined below, illustrate the importance we place on these initial phases of the work. Each project has its own unique set of parameters and needs which, we believe, requires its own special approach. We, therefore, dovetail our project methodology to the unique requirements of each client.
However, irrespective of the unique differences between projects, one of the most critical aspects of the Program is that it be thorough, accurate and most importantly Architect Adjacency Diagram
Client Goals
EXHIBIT A
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4.0 DETAILED WORK PLAN
SWATT | MIERS ARCHITECTS STOCKTON ANIMAL SHELTER RENOVATION – be documented in a manner that allows the client to understand it. We consider the facility’s program to be much akin to the building’s foundation in that if the program is incorrect, then many of the design decisions which follow may be invalid including the size, budget, design and ultimately schedule as everyone attempts to correct the problem. Thus, we believe that the best way to ensure a well run, “on schedule” and “on budget” project, is to start off with a sound programming process which, in addition to establishing the criteria for the design, also establishes the project’s ongoing management procedures. Since we have not yet had the opportunity to meet with your client team to discuss the organization’s special needs, we have provided below a brief summary of our typical Programming and Schematic Design methodology for your review.
With the above in mind, the following should be considered a starting point for discussions with the client team.
A. Program Development and Budget Reconciliation – The first step in any building design, whether it is a house or an Animal Care facility, is the development of a “realistic” facility program which meets the client’s operational needs. As discussed above, the next step is to reconcile the desired program with the realities of the budget.
Given the “work flow” nature of Animal Care facilities which contain so many different functions (animal holding, adoption, socialization/isolation/quarantine areas, educational components, exhibits, locker rooms, medical facilities, offices, etc.), the development of this program is particularly critical. Our firm’s philosophy is that a facility is intended to facilitate the client/user’s operational procedures and needs – not the Architect’s concept of what the client/user should be doing. At the same time, we believe our extensive animal care experience allows us to offer our clients a range of alternative design and program approaches which have proved successful in other facilities as well as an alternative point of view for discussion purposes. Balancing these collective visions and needs is the art of programming. In order to integrate this information into a cohesive program, there must be a continuing dialogue between the Architect and User Team wherein information is well documented. We accomplish this through several techniques including;
1) Meetings with each Department, which are carefully recorded in minutes and then sent to all parties for correction and additions. These meeting minutes become an integral part of our program document.
2) Tours of related facilities and, where that is not convenient, slide shows of the facilities. We have found that clients often find it easier to conceptualize beyond the “box” of their own facility by visiting others. In addition, it is often easier for clients to articulate what does and doesn’t work when the situation is at hand, 3) Sketches and models during this phase in order to obtain better feedback.
Workflow Diagram
Humane Society Silicon Valley
EXHIBIT A
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4.0 DETAILED WORK PLAN
SWATT | MIERS ARCHITECTS STOCKTON ANIMAL SHELTER RENOVATION 4) Participating in the client’s programs and activities. Whether this means assisting kennel staff in cleaning animal habitats or attending a behavioral training workshop - the exercise of working with the user provides the Design Team with an invaluable insight into “how it should really work for you”!
Similar to a police investigation, the key to a successful programming process is not just the collection of information (i.e. the office is 120SF), but the collection of relevant information (i.e. how the furniture is oriented, what functions take place in the room, are leash hooks needed, etc.). While this takes more time and commitment by all parties to examine critical program components such as storage needs, animal intake procedures, kennel/cage cleaning requirements as well as overall Animal Shelter operational flow needs, it is a time allocation which must be made. Ultimately, agreement on these issues is necessary to insure a well-designed, user-oriented facility. We also believe that if this phase is not documented correctly, then all other phases will suffer accordingly. This is why the key principals of our firm, and particularly the eventual project designer, perform this work.
B. Workflow Analysis – The above noted meetings, staff input and program data allows us to review the preferred “functional flow” of activities throughout the facility.
We believe a review of our Animal Care projects such as the Edmonton Humane Society Facility, San Diego Campus for Animal Care, and the Sacramento County Animal Care and Regulation Facility, in particular, will reveal facility plans which are largely predicated upon the desired program adjacencies as articulated by our animal care users. In this sense, our design approach is to develop our facilities from the inside out rather than letting exterior design concepts dictate the internal floor plan and ultimately the client’s programs. In the course of doing so, we will evolve varying ways of organizing the numerous animal care related functions which we review in detail with our clients.
C. Space Plan Development – The discussion of Items A and B above also characterizes our approach to the development of the space plan. However, before developing the internal plans (but after the desired relationships are established), we first look at overall site access relative to staff, clinic, animal surrender, visitor parking, sallyport access, and any other public accessible area. . Since parking generally occupies a significantly larger area than the building (an approximate 2.5 to 1 ratio), it generally will have a greater impact on the site plan than the building. Once these re
lationships are established, we will then integrate the main vehicular entrances and site needs with the adjacency diagrams to evolve a series of plan alternatives for client review. Normally, we use simple, three dimensional floor plan models along with 3-D computer generated walk-throughs to help staff better evaluate the plans.
Energy Efficient Design: In addition, due to the limited funds available to most of our clients, each project focuses special attention on operational costs, energy efficiency, and overall sustainability. Towards this end, many of our recent projects have been designed to LEED standards including Winnipeg Humane Society (Gold), Palm Springs Animal Control (Silver), Sacramento County Animal Control (Gold), Annenberg Tony LaRussa’s Animal Rescue Foundation
Adoption & Education Center
Annenberg PetSpace
Peninsula Humane Society
EXHIBIT A
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4.0 DETAILED WORK PLAN
SWATT | MIERS ARCHITECTS STOCKTON ANIMAL SHELTER RENOVATION “Pet Space” project (Platinum), Peninsula Humane Society (Silver), and Humane Society of Silicon Valley (Gold). In addition to our animal care work, we are also a full-service architectural firm with more than thirty-five years of experience providing our clients with comprehensive services in architecture, planning, and interior design. The firm is directed by Robert Swatt, FAIA and George Miers, AIA and was established in 2009 when Robert Swatt and George Miers merged their practices. Robert Swatt established Swatt Architects in 1975 after working in the offices of renowned architects Cesar Pelli and Howard A. Friedman. George Miers founded George Miers & Associates in 1982 after serving as Studio Director at Kaplan McLaughlin Diaz and Project Designer at Skidmore Owings and Merrill. The firm is based in Emeryville, CA.
Over the years we have been very fortunate to have established successful long-term relationships with our clients. We believe the key to this success has been the hands- on involvement of senior management staff with maximum Principal participation in all phases of each project. The Principals of our firm lead the programming and design effort of all commissions and collaborate with our Project Managers on a daily basis to ensure both client satisfaction and that each project is delivered on time and on budget.
Our dedication to service and design excellence has resulted in more than 45 local, regional and national design awards, the prestigious 1994 National Honor Award for Interiors from the American Institute of Architects, and a 2009 AIACC Award of Merit.
Palm Springs Animal Shelter
Annenberg PetSpace
Humane Society Silicon Valley
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PRICE PROPOSAL FOR STOCKTON ANIMAL SHELTER RENOV ATION - REVISED 2/2/2022 FOR REVIEW AND DISCUSSION Program /
Needs Assessment Hrs DD+CD Hrs Permitting Hrs Bidding Hrs Construction Hrs As-Builts Hrs TOTAL TOTAL
HRS
Swatt Miers Architects $60,480 574 $282,100 2036 $10,800 88 $4,800 30 $94,200 625 $6,800 64 $459,180 3417 ZFA Structural Engineers $3,760 24 $38,940 356 $2,460 36 $660 12 $13,620 108 $1,110 16 $60,550 552 Stanton Engineering - HV AC $3,200 23 $27,600 197 $200 1 $200 1 $5,600 40 $200 1 $37,000 263 Stanton Engineering - Plumbing $2,400 18 $20,800 160 $200 2 $200 2 $5,600 43 $200 2 $29,400 227 HCS Engineering - Electrical $2,100 26 $33,600 265 $1,200 2 $600 2 $6,800 52 $300 2 $44,600 349 Civil Engineer***** $6,000 48 $15,500 76 $300 2 $300 2 $2,500 15 $450 3 $25,050 146 Environmental/Hazardous Waste** $4,500 $4,500 0
Acoustical*** $5,000 $5,000 0
Mack5* $17,476 $22,053 $39,529 0
UC Davis School of Shelter Medicine**** $0 25 $8,000 7 $8,000 32 SUB-TOTALS $99,916 738 $453,593 3097 $15,160 131 $6,760 49 $128,320 883 $9,060 88 $712,809 4986 TBD - to be determined
*Mack5's CD budget includes two estimates at 65% and 90% **4,500 was quoted by Silicon Valley Environmental Group Inc. to complete a Phase 1 Survey until that survey is completed it's not possible to quote a final fee but they estimated it would be between $12,000 and $20,000 *** We have included allowances for acoustical engineering review. Until the exact design is selected and existing conditions reviewed, it is not possible to confirm an exact scope of work. **** Relocated UC Davis Phase 1 Program/ Needs assessment fees to Phase 2 DD+CD ***** Reduced Civil fee by $2500 in phase 1 and relocated to Phase 2
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The City of Stockton is now using www.PINSAdvantage.com to track Insurance Certificates and all related documents.
The PINS system starts with The City of Stockton. A Stockton User logs into PINS and emails a request for proof of insurance to the Vendor/Contractor. The Vendor/Contractor forwards the request email to their Insurance Agent(s). The Insurance Agent(s) logs into www.PINSAdvantage.com and completes the insurance certificate online.
www.pinsadvantage.com
+ 1 626 844 1838
WHAT IS THE PROCESS?
Note: Vendors will receive the insurance request email from: [email protected] Thank you for your compliance!
01 02
03 04
The Vendor/
Contractor forwards
the email to their
insurance agent(s).
PINS notifies
The City of Stockton
that documents have
been submitted and
automatically checks
for compliance.
Agent(s) log into
PINSAdvantage.com
and complete
the insurance
certificate online
A Stockton User
logs into PINS and
emails a request for
insurance to the
Vendor/Contractor
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NOTE: The City of Stockton 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).
Insurance Require
ments for Professional Services
Contractor shall procure and main
tain 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 by the Contractor, its agents, representatives, or employees.
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 $2,000,000 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: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non- owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance 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.
(Not required if Contractor provides written verification it has no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriate to the Contractor’s
profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. (If Claims-made, see below.)
It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named insured; whichever is greater. No
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representation is made that the minimum insurance requirements of this agreement are sufficient to cover the obligations of the Contractor under this agreement.
Limits of Insurance
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City
of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL 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). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
Primary Coverage
The Additi
onal Insured coverage under the Contractor’s policy shall be “primary and non-contributory” and will not seek contribution from the City’s insurance or self- insurance and shall be at least as broad as CG 20 01 04 13. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
Notice of Cancellation
Each insu
rance policy required above shall state that coverage shall not be canceled, except with notice to the City of Stockton.
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Waiver of Subrogation
Contractor hereby gra
nts to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton 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 Stockton has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.
Self-Insured Retentions
All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City of Stockton may require the Contractor to purchase coverage with a lower retention or 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 of Stockton.
Acceptability of Insurers
Insurance is to be placed with insu
rers with a current A.M. Best’s rating of no less than
A:VII, unless otherwise acceptable to the City of Stockton.
Claims Made Policies (note – applicable only to professional liability) If an
y 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 Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
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Verification of Coverage
Contractor shall fur
nish the City of Stockton with 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 of Stockton Risk Services before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Contractor shall, prior to the commencement of work under this Agreement, provide the City of Stockton with a copy of its declarations page(s) and endorsement page(s) for each of the required policies.
Subcontractors
Contractors shall require and verify that all s
ubcontractors, or other parties hired for
this work, purchase and maintain coverage for indemnity and insurance requirements as least as broad as specified in this agreement to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this contract. Contractor shall include the following language in their agreement with Subcontractors: “Subcontractors hired by Contractor agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under the contract documents and provide a valid certificate of insurance and the required endorsements included in the agreement as proof of compliance prior to commencement of any work and to include this same requirement for any subcontractors they hire for this work. A copy of the owner contract document indemnity and insurance provisions will be furnished to the subcontractor upon request.” Contractor shall provide proof of such compliance and verification to the City upon request.
Special Risks or Circumstances
City of Stockton reserves the right
to modify these requirements, including limits, based
on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:
City of Stockton Attn: City Risk Services
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
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