Professional Services Contract – ARCHITECTURAL NEXUS, INC. – PROJECT NO. CL22001 (Updated 04/24/23)
PROFESSI
ONAL SERVICES CONTRACT
THIS CONTRACT is entered into this day of 2022, between the CITY OF STOCKTON, a municipal corporation (“City”), and ARCHITECTURAL NEXUS, INC., whose address is 930 R STREET, SACRAMENTO, CA (“Consultant”) for the CESAR CHAVEZ LIBRARY REMODEL (PROJECT NO. CL22001), 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 $2,145,995.00 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 – ARCHITECTURAL NEXUS, INC. – PROJECT NO. CL22001 (Updated 04/24/23)
indemnify, and hold harmless the City of Stockton, its officers, officials, employees, and volunteers from and against any and all claims and causes of action 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 property, which arise out of any violation of federal, state, or municipal law or ordinance, 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 subcontract ors. Consultant sha ll not be obligated to indemnify or defend City for claims finally determined by a cour t of law or ar bitrator 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 California law. To the extent California Civil Code sections 2782, et seq., limit th e defense or indemnity obligations of Consultant to City, the intent hereunder is to provide the maximum defense and indemnity obligations allowed by Consult ant under the law. T he 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 the City of Stockton, its officers, officials, employees, and volunteers 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 D, 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, 2027 , 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 – ARCHITECTURAL NEXUS, INC. – PROJECT NO. CL22001 (Updated 04/24/23)
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
E). The purpose of this policy is to reaffirm the Cit y’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 Relations of the State of California has
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Professional Services Contract – ARCHITECTURAL NEXUS, INC. – PROJECT NO. CL22001 (Updated 04/24/23)
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 purpos es 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 ensure that the prevailing 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 ensure that the prim e and each subcontractor will, in accordance with Section 1776 of t he 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 prevailin g wage rate determination for all
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Professional Services Contract – ARCHITECTURAL NEXUS, INC. – PROJECT NO. CL22001 (Updated 04/24/23)
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.
e. SANCTIONS
Deliverables must conform with all appl icable federal, state, and local laws.
Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohi bited transactions with sanctioned persons or entities.
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
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Professional Services Contract – ARCHITECTURAL NEXUS, INC. – PROJECT NO. CL22001 (Updated 04/24/23)
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 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. TERMINATION. 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.
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Professional Services Contract – ARCHITECTURAL NEXUS, INC. – PROJECT NO. CL22001 (Updated 04/24/23)
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.
15. NOTICES. 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: Architectural Nexus, Inc. To City: Public Works Director 930 R Street City of Stockton
Sacramento, CA 95811 22 E. Weber Ave., Rm. 301
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 in vestment that would be affected in any manner
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Professional Services Contract – ARCHITECTURAL NEXUS, INC. – PROJECT NO. CL22001 (Updated 04/24/23)
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.
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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Professional Services Contract – ARCHITECTURAL NEXUS, INC. – PROJECT NO. CL22001 (Updated 04/24/23)
IN WITNESS WHEREOF: the parties have executed this Contract the day and year first hereinabove written.
CITY OF STOCKTON ARCHITECTURAL NEXUS, INC.
B y : B y :
HARRY BLACK Signature
CITY MANAGER
A T T E S T :
P r i n t N a m e
B Y :
ELIZA R. GARZA, CMC Title:
CITY CLERK
APPROVED AS TO FORM:
B Y :
DEPUTY CITY ATTORNEY
ATTACHMENT B
AN EMPLOYEE-OWNED COMPANY Page 1 of 6
May 19, 2023
To: Ahbid Mohammad, P.E.
Associate Civil Engineer
City of Stockton, Public Works Department
Re: Fee Proposal – Cesar Chavez Library Remodel
City Project No. CL22001
Dear Ahbid,
It is our pleasure to work with the City of Stockton on this exciting project. As the city prepares to embark on this remodel project, we look forward to support this and many more endeavors and continue to develop our great working relationship.
As per our conversations and correspondence regarding the Cesar Chavez Library Remodel project, we are providing an updated fee proposal to the original proposal dated Dec 13, 2021. Since the initial proposal, we have had the opportunity to help the city process the California State Library Building Forward grant. It is our understanding that the grant ($10M + $5M matching funds) will be supplemented by additional city funds to support additional scope that transforms the existing space not just to provide repairs and upgrades, but redesign the space to the benefit of the community and staff. While the construction cost is undefined, we estimate additional funding would be in the order of $4.4M, for a total construction cost of $19.4M.
Remodel Scope
As we understand it, the scope of the remodel is as follows:
As per Priority List Grant Budget Alignment (dated 11/21/2022)
1. New Emergency Communication & Backup Power Supply
2. New Fire Alarm (layout only)
3. Asbestos Abatement & Demolition
4. New Passenger Elevator
5. New HVAC system
6. New Freight Elevator
7. New Electrical, Low Voltage, AV systems
8. Space Re-design
9. New Interior Furniture, Fixtures, & Equipment
10. New Interior Signage & Graphics
11. New Loading Dock
12. New Plumbing as required for remodeled areas
13. New Ramp to Parking Lot & Staff Area
14. Security Fencing (base)
ARCHITECTURAL NEXUS, Inc
archnexus.com
SACRAMENTO
930 R Street
Sacramento, California 95811
T 916.443.5911
SALT LAKE CITY
2505 East Parleys Way
Salt Lake City, Utah 84109
T 801.924.5000
EXHIBIT A
ATTACHMENT B
AN EMPLOYEE-OWNED COMPANY Page 2 of 6
Base
line Scope of Services
We propose the following scope of services:
Task 1: Assessment Study & Programming
1. Review record drawings, visit site for field verification of existing conditions
2. Coordinate with users on project needs
3. Develop space use/ time analysis
4. Develop initial space list with project team
5. Create a Needs Assessment Study document for City review and comments
6. Develop background of existing floor plan & site plan
7. Review hazmat reports
8. Review elevator maintenance reports
9. Develop an adjacency diagram
10. Develop department bubble diagram
11. Furniture Fixtures & Equipment Programming
12. Lead (3) in-person user-group meetings to review programming, provide meeting minutes
13. Lead (3) virtual user-group meetings to review programming, provide meeting minutes
14. Develop 50% Programming cost estimate
15. Lead (2) 1-hour virtual project budget meetings to assign budget targets to scope buckets
16. Develop 100% Programming cost estimate
Task 2: Schematic Design
1. Develop backgrounds of existing conditions
2. Develop 3 concept floor plan options
3. Develop 3 concept site plan option for fencing, ramps, loading dock, garden
4. Develop concept elevations/ photorealistic renderings
5. Develop schematic design set for review and approval
6. Provide initial code analysis
7. Lead (4) 1-hour virtual weekly user-group meetings to review design concepts, provide meeting minutes
8. Prepare FF&E Data Sheets
9. Develop Furniture & Finishes Preliminary Concept
10. Develop 100%SD cost estimate
11. Lead (2) 1-hour virtual project budget meetings to refine budget targets to scope buckets
12. Develop initial energy model for curtain wall replacement, coordinate energy requirements
Task 3: Design Development
1. Develop 95% DD Drawings & Technical Specifications for stake-holder review
2. Lead (4) 1-hour virtual weekly user-group meetings to review design, room data sheets, details, basis of design specifications
3. Address & Respond to Review Comments
4. FF&E Preliminary Layout
5. Prepare (2) finish selection options for client review and approval
6. Prepare generic finish schedule for client approval
7. Update renderings
8. Prepare finishes rendering for client approval
9. Develop 100% DD cost estimate
10. Lead (2) 1-hour virtual project budget meetings
11. Provide basis of design for curtain wall (define pattern, glass, performance)
EXHIBIT A
ATTACHMENT B
AN EMPLOYEE-OWNED COMPANY Page 3 of 6
Ta
sk 4: Construction Documents/ Permit
1. Develop 95% CD Drawings
2. Develop 95% CD Technical Specifications
3. Address & Respond to Review Comments
4. Provide 100% CD CAD Drawings (DWG) and Specifications (Word)
5. Attend (2) 1-hour virtual pre-submittal meetings for roundtable reviews & permit review officials to confirm design solutions
6. Submit Project Bldg Dept (Electronic Plan Check)
7. Address & Respond to Bldg Review Comments
8. Develop final finish schedule and legend
9. Develop final finish plan, reflected ceiling plan, millwork drawings, elevations
10. Curtain wall detailing & hardware specifications
Task 5: Bidding
1. Review city’s Request for Qualification document (RFQ) for general contractors
2. Assist city in reviewing general contractors’ qualifications
3. Assist in addressing contractor pre-bid questions
4. Attend bid-walk
5. Issue clarification addenda
Task 6: Construction Administration
1. Respond to contractor Requests for Information(RFI)
2. Issue Architect's Supplemental Instructions (ASI) as needed
3. Attend weekly construction progress (virtual) meetings for 24 months
4. Perform (16) periodic visits of site, provide observation reports
5. Perform (1) substantial completion punchwalk, provide list of deficiencies noted
6. Review construction submittals & shop drawings
7. Provide record drawings per contractor marked-up job copy of permit documents Task 7: Additive Alternate #1 – Multiple Bid Packages:
If project requires scope to be documented separately by fund-source, we propose the following:
1. Determine Funding-Phase I scope boundary for grant-funded scope
2. Determine Funding-Phase II scope boundary for city-funded scope
3. Coordinate scope with city, review grant funded portion with CSD
4. Submit two packages for plan review, respond separately
5. Review submittals and respond to RFIs for two sets of documents Task 8: Additive Alternate #2 – Public Outreach:
If public outreach is requested, we propose the following:
1. Lead (5) public meetings/ events
2. Provide Social Economic Environmental Design (SEED) certification
3. Develop public presentation & mailers
4. Develop public engagement activities
5. Provide presentation analysis
EXHIBIT A
ATTACHMENT B
AN EMPLOYEE-OWNED COMPANY Page 4 of 6
Project Team:
• Architectural Design: Arch Nexus
• Interior Design/ Furniture Fixtures & Equipment Design: Arch Nexus & MSS • Civil Engineering: KPFF
• Structural Engineering: KPFF
• Mechanical/Plumbing Engineering: Capital Engineering
• Electrical Engineering: EDGE Electrical
• Cost Estimating: Sierra West
Professional Service Fees:
We propose the lump sum fees below and bill our services on a monthly basis based on percentage of completion for each task.
Total Baseline Fees
Baseline Remodel
Arch Consultants Total
Task 1: Programming/ Study $124,305 $58,130 $182,435
Task 2: SD $16 0,270 $175,900 $336,170
Task 3: DD $23 9,620 $190,570 $430,190
Task 4: CD/Permit $31 0,935 $208,670 $519,605
Task 5: Bidding $41 ,290 $22,510 $63,800
Task 6: CA $29 8,020 $113,975 $411,995
$1,944,195
Add Alternates
Add Alts
Arch Consultants Total
Task 7: Add Alt #1 - Multiple Bid Packages $90,560 $43,600 $134,160 Task 8: Add Alt #2 - Public Outreach $67 ,640 $0 $67,640 Exclusions:
1. Construction swing space design
2. Full seismic analysis
3. Fire Sprinkler design (This will be a delegated design, however Fire Sprinkler Performance Criteria is included in this scope and fee)
4. Structural material testing program
5. Provisions for EV chargers
6. PV System
7. CCTV (see assumption 16)
8. Intercom system layout (see assumption 16)
9. Commissioning services
10. Building envelope/ roof upgrade
11. Street lighting
12. Value Engineering if requested after DD signoff
13. Access control system
14. CEQA categorical exemption, initial study, environmental checklist, negative declaration, mitigated negative declaration, or environmental impact report or any other environmental studies or reports.
Total with Alternates: $2,145,995
EXHIBIT B
ATTACHMENT B
AN EMPLOYEE-OWNED COMPANY Page 5 of 6
Assumptions:
1. Design team assumes a 24-month duration for bidding, construction, and closeout.
2. Since none of the improvements are considered major structural alterations and since there will not be a change in occupancy we do not anticipate a full seismic analysis will be required, only an analysis of existing wall anchorage to existing steel roof.
3. The plumbing systems and equipment including main vertical and horizontal piping is Code compliant and is of adequate capacity and type to serve the proposed remodel without significant modification, except as outlined in this proposal.
4. Fire Alarm system layout will be provisioned for a delegated design by fire alarm subcontractor awarded the project.
5. The existing electrical service is sufficient to accommodate remodel.
6. Existing electrical panels & switchgear are at end of useful life, new panels & switchgear to be included. Existing transformer is new and shall remain.
7. Owner shall provide electrical meter readings.
8. The owner shall have the ability or be responsible for hiring an electrical contractor to verify connections to devices, panels, equipment and/or feeder to panels for items that cannot be verified during site visit or if items conflict with record drawings. A list of items will be provided to owner after initial site visit.
9. Existing electrical panels with existing loads shall not be modified to comply with disaggregation of electrical loads per current Title 24 energy code. Only new loads shall be disaggregated.
10. We do not anticipate a SWPPP will be required as project will not exceed 1 acre of disturbed area.
11. We do not anticipate the proposed improvements will require modifications to the existing storm drain system or provide retention of stormwater runoff.
12. After preliminary code analysis, we believe the existing curtain wall system needs to be replaced in order to meet minimum energy code requirements. Additionally, the existing single-pane curtain walls are very inefficient; by replacing them the City’s operational costs will be dramatically reduced and the new HVAC system can be downsized. We propose the curtain wall to be a delegated design submittal for deferred approval, but we’ll provide the design criteria. We anticipate the existing structure will be utilized for the new curtain wall system.
13. City to provide the CEQA Categorical Exemption and any other environmental reports and studies if required
14. Access control system, equipment, and card readers will be designed and built by the general contractor. No design fees are included for layout or performance criteria.
15. Electrical engineer will provide power to elevator control panel. New dedicated circuits for receptacles and new lighting for elevator pit and machine rooms shall be provided to meet current requirements.
16. Direction will be provided to the contractor to coordinate with the city on removing, salvaging, and protection of existing CCTV and Intercom systems.
EXHIBIT B
ATTACHMENT B
Insurance Requirements for Professional Services
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder 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 Additional 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 insurance 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 grants 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 ins
urers 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 a
ny 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. I
f 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 furnish 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 subcontractors, 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 St
ockton 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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Programming/
Study
Construction
Documents
Construction
65d
8.1.2023
11.1.2023
4.2.2024
Design
Development
60d
64d
64d
Permitting
7.1.2024
10.1.2024
Bidding
30d
11.12.2024
475d
10.1.2026
City of Stockton
Cesar Chavez Library Remodel
Proposed Schedule
5.18.2023
Schematic
Design
Public
Outreach
1.5.2024
42d
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