Loading...
HomeMy WebLinkAboutGaravaglia Architecture, Inc. 2008-04-22; Amendment 2 2009-07-21CITY OF UKIAH AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES DATED APRIL 22, 2008 All terms and conditions of the Agreement for Professional Consulting Services dated April 22, 2008; and the first amendment shall remain in force and effect except as modified by this second amendment. Upon execution of this amendment, service provider is authorized to provide the service described under the Scope of Work identified in this Amendment No. 2. Work authorized by this amendment shall include that work described in the June 24, 2009 letter proposal from Garavaglia Architecture Inc. A copy of said letter is included in this second amendment. Compensation for the performance of the additional work shall be made on a time and expense basis at Consultant's customary fees. Expenses shall not exceed a maximum total cost of $18,000. GARAVAGLIA /ARCHITECTURE, INC. f S t BY: is ael A. G avaglia President cit X11 n , � , 0 2 DATE Amendment No. 2 to Agreement for Professional Consulting Services Garavaglia Architecture, Inc. BY:J Jane Chambers City Manager DATE GARAVAGLIA FM ARCHITECTURE 24 June 2009 I SUTTER ST. SUITE 9 1 SAN FRANCISCO, CA 94I04 'r- 415.391.9633 F. 415.391.9647 WNV. garavaglia.cnaaa Rick Seanor Deputy Director of Public Works City of Ukiah 300 Seminary Avenue Ukiah, CA 95482-5400 Re: Additional Services Proposal Bid Assistance and Construction Administration Dear Rick: Garavaglia Architecture Inc. is very familiar with the Ukiah Railroad Depot project having been initially involved in preparing Schematic Rehabilitation Drawings issued in Aug of 2003 to the City of Ukiah. Now that the project has gone through the necessary reviews by Caltrans and DSA as well as City review for building permit we understand that it has been advertised for bids. We are submitting this proposal for additional services related to the final reviews, bidding and construction administration for the project. The task phases as listed below were part of the original contract so the information and work product will be built upon for the proposed additional services. Task 1- Project Start-up This task has been completed. Task 2 - Design Development This task has been completed Task 3 - Construction / Bid Documents This task has been completed. Innovatinc, Tradition Ukiah Railroad Depot Additional Service Proposal 24 June 2009 The following scope for additional services is based on our understanding of the project and detailed knowledge of the building. Task numbering will be a continuation of the completed tasks: Task 4 - Caltrans / DSA Review This task has been completed. Task 5 - Bidding Assistance • Pre -Bid Site Walk • Respond to Contractor RFIs (allowance for 10) • Assist in Review of bids • Miscellaneous drafting for addendums The projected fee for this task is Task 6 - Construction Administration $3,700 • Pre -Construction Meeting • Site Visit (5 allowed for - 4 Arch, 1 Struct) - One after all selective demolition complete (including review graffiti stripping process / procedure with Conservator) - One after rough in - One at substantial completion - One for Arch on as needed basis - One for Structural issues as needed • Respond to construction RFIs (allowance for 16) • Review Submittals (allowance for 14) The projected fee for this task is Reimbursable Expenses Projected miscellaneous expenses $13,600 $700 Except for Task 4 which has been completed, the remaining tasks will be on an as needed basis as the project progresses. We do recommend that all of the site visits be performed to ensure that there are at least milestone visits and that drawings are being correctly interpreted and followed. Page 2 of 4 Ukiah Railroad Depot Additional Service Proposal 24 June 2009 Fee Information Schedule of Payments Payments on monthly invoices are due 21 days after the date of the invoice. Interest in the amount of 1% per month, or 12% per annum, will be added to any amounts past due. Work will stop when payments are overdue more than 21 days from the date of the invoice. Reimbursable expenses such as computer plots, blueprinting, copies, delivery, photographs, consultants contracted through our firm, permit submittal fees paid by us, etc. will be charged back to you as they occur on a monthly basis. There is a 1.15 multiplier for all reimbursable expenses. Billing Rates The services above are based on our billing rates. If additional services are desired, our fees shall be broken into the same rates as follows: Category Hourly Rate Principal $175.00 Senior Project Manager $135.00 Preservation Services Manager $120.00 Project Manager $120.00 Architectural Conservator $110.00 Job Captain $100.00 Senior Architectural Historian $105.00 Designer $95.00 Architectural Historian $95.00 Senior Drafter $90.00 Intermediate Drafter $85.00 Research Assistant $80.00 LEED AP $100.00 Clerical $65.00 Additional Services We have found that some clients desire additional services once the project begins, such as multiple designs, changes in project scope or service level, design changes resulting from reductions in the construction budgets, etc. Its is our intent to notify you of the cost implications of any requested additional service and obtain authorization before we proceed. Page 3 of 4 Ukiah Railroad Depot Additional Service Proposal 24 June 2009 GENERAL CONDITIONS 1. The Architect shall perform its services as expeditiously as is consistent with professional skill and care, in the orderly progress of the work. 2. The Owner shall furnish to the Architect surveys describing the physical characteristics, legal limitation and utility locations for the site of the Project, and written legal description of the site. The Owner shall provide the services of a geotechnical engineer or other consultants as such may be reasonably necessary for the project. 3. Neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the contract or a method of determining good prices, or over competitive bidding, market for negotiation conditions. Accordingly, the Architect cannot and does not warrant that bids or negotiated prices will not vary form any estimate of construction cost or evaluation prepared or agreed to by the Architect. 4. The Architect and the Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous material in any form at the Project site, including but not limited to, asbestos, asbestos products, PCB'S or other toxic substances, and other materials not yet known to be hazardous. 5. The Drawings, Specifications and other documents prepared by the Architect for this Project are instruments of the Architect's services for use solely with respect to this Project. The Architect is the author of these documents and retains all common law, statutory and other reserved rights, including the copyright. 6. This Agreement shall be governed by the laws of the State of California. 7. The Architects is not responsible for construction means, methods, techniques or job site safety, these being solely the responsibility of the Contractor. 8. The Architect is not responsible of identifying, locating, discovering, removal or treatment (remediation) of any hazardous waste or materials, known or unknown, at the Project site or any damages, of any type, arising out of or related in any way to the presence of hazardous material at the Project site, including, but not limited to, asbestos and PCB'S, as well as materials not yet identified as hazardous. 9. Any additional services requested by the Owner shall be compensated on an hourly basis in accordance with the rate schedule set out in this Agreement. 10. Should any legal proceeding be commenced between the parties to this Agreement seeking to enforce any of its provisions, including, but not limited to, fee provisions, the prevailing party in such a, proceeding shall be entitled, in addition to such other relied as may be granted, to a reasonable sum for attorneys' and expert witnesses' fees which shall be determined by the court or forum in such a proceeding or in a separate action brought for that purpose. For purposes of this provision, "prevailing party" shall include a party that dismisses and action for recovery hereunder in exchange of payment of the sum allegedly due, performance of covenants allegedly breached, or consideration substantially equal to the relief sought in the action or proceeding. 11. The Owner understands and acknowledges that in the remodeling or rehabilitation of existing structures, certain design and technical decision are made based on assumption that are based upon readily available documents and visual observations of existing conditions. Unless specifically directed in writing by the Owner, the Architect shall not perform or have performed any destructive testing or open any concealed portions of the Project in order to ascertain its actual condition. In the event that the Architect's assumptions, made in good faith, prove to be incorrect, the Owner agrees that the Architect shall not be held responsible for any additional work or costs required to correct any ensuing problems based upon such assumptions. The Owner further agrees to indemnify, defend and hold the Architect and its consultants harmless from and against any and all claims, liabilities, suits, demand, losses, costs and expenses, including, but not limited to, reasonable attorneys' fees and all legal expenses and fees incurred through appeal, and all interest thereon, accruing or resulting to any and all persons, firms or any other legal entities, on account of any damages or losses to property or person, including injuries or death, or economic losses, arising as a result of concealed or unknown conditions, except where the Architect is found to be solely liable as between the parties hereto as well as between any other persons, firms or legal entities for such damages or losses by a court or forum of competent jurisdiction. 12 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other. 13. Outcomes or reports cannot be predetermined or modified. Valid sources of information and resulting research undertaken within the context of professional practices lead to verifiable conclusions and stand as independent assessments. Page 4 of 4