Harley Ellis Devereaux - 2009 Agreement - Library Project - Amendment No. 2
AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN
CITY OF GILROY AND HARLEY ELLIS DEVEREAUX FOR GILROY LffiRARY FINAL DESIGN
SERVICES CONTRACT DATED August 3,2009
AMENDMENT NO.2
This Amendment shall become effective when it has been signed by the City Administrator, Project Manager,
and Consultant. All copies forwarded to Consultant for signature shall be returned to the City of Gilroy
properly filled out. Upon acceptance by the City, the Consultant's copy will be returned to him as his authority
to proceed with the work.
See attached HED contract Amendment #2 which includes revision of existing drawings and specifications and
providing necessary additional drawings and specifications to combine Master Plan Interface revisions and
additional scope with on-going new Library construction project. Services and terms are detailed in attached
Scope Statement (Exhibit B), Milestone Schedule (Exhibit C) and Payment Schedule (Exhibit D).
This Amendment extends the term of the Agreement for Services between the City of Gilroy and Harley
Ellis Devereaux, dated August 3,2009 to April 30, 2013.
All requirements of the original Agreement Documents shall apply to the above work except as specifically
modified by this Amendment. The contract time shall not extend unless expressly provided for in this
Amendment.
Harley Ellis Devereaux hereby agrees to make the above changes subject to the terms of this Amendment for
ongoing acquisition/relocation services.
CO~'! Ellis Devereaux
By , tAP~
Date fJ/( //0
ACCEPTED:
P
City Administrator
Date
AMENDMENT TO THE AGREEMENT
FORSER~CESBETWEEN
CITY OF GILROY AND HARLELY ELliS
DEVEREAUX FOR THE GILROY LIBRARY
DATED AUGUST 2, 2009
AMENDMENT NO.2
il
HARLEY elLIS 0 EVE REAUX
601 Soulh Figueroa Slreet Suite 500
Los Angeles, California 90017 I USA
tel 213.542.4500 I fax 2J3.542.4515
hsrleyellisdevereaux.com
Date:
4/19/2010
New Project:
Customer:
City of Gilroy Existing Project: yes
Gilroy Library - Master Plan Project No: 2009-00015-000-TC4400
Interface
Smelser; ftle
Project Name:
Distribution:
Person Requesting Design Service: Rick Smelser
Description of Design Service:
Revise existing drawings and specifications, and provide necessary additional drawings and specifications, to
combine Master Plan Interface revisions and additional scope with the on-going new Library construction
project Services and terms are detailed in attached Scope Statement (Exhibit B), Milestone Schedule (Exhibit
C), and Payment Schedule (Exhibit D).
Project scope will be executed in two phases as described in attached Exhibits.
Design Service Fee:
For Design and Construction Document Services through submittal for City approval and permit processes,
an additional lump sum amount of $180,500 (One Hundred Eighty Thousand Five Hundred Dollars).
Phase 1 lump sum fee: $135,375 (One Hundred Thirty-Five Thousand Three Hundred Seventy-Five Dollars).
Phase 2 lump sum fee: $45,125 (Forty-Five Thousand One Hundred Twenty-Five Dollars).
Plan Check/Permit, Bidding and Construction Administration Services will be billed hourly as authorized by
the City, within a range estimated not to exceed a total of $45,000 (Thirty-Five Thousand Dollars) without
prior authorization by the City, as detailed in the attached Scope Statement
Phase 1 hourly additional services: $33,750 (Thirty-Three Thousand Seven Hundred Fifty Dollars).
Phase 2 hourly additional services: $11,250 (Eleven Thousand Two Hundred Fifty Dollars)
Reimbursable expenses, as defined in the original agreement, shall not exceed $5,000 (Five Thousand Dollars)
without p.rior authorization by the City.
Design Service Schedule:
Commensurate w/existing project schedule (See attached Exhibit C).
Design SelYlce Requesldoc (Revised 11-05)
I\LAX.HAR-FILE01IStudio Projeols\Universlty & CMc\City of GIIroy\2009-00015-OOO GOrey Lib Base AnalyslslProjMgmllPROPOSAlSlAdd SelVice for Master Plan
Interface\10511 Design SeIVi~e Request 2 revised - Mester Plan Interface.doc
This Amendment amends the terms of the Agreement for Services between the City of
Gilroy and Harley Ellis Devereaux, dated August 3, 2009 to April 30, 2013.
All requirements of the original Agreement Documents shall apply to the additional work
proposed except as specifically modified by this Amendment. The contract time shall not extend
unless expressly provided for in this Amendment.
EXHIBIT "B"
SCOPE STATEMENT - MASTER PLAN INTERFACE
Design, Construction Documents, Permit, Bidding, and Construction Administration.
The purpose of this scope of work is to modify and expand the design and documentation of the
existing Gilroy new Library project to include revised parking lot lighting, as well as site
improvements to adjoining and nearby areas delineated in the attached Exhibit "E" (Approximate
Existing and Planned Conditions and Project Report #18, March 31,2010), to implement
indicated portions of the Gilroy Civic Center Master Plan.
The revised construction documents will be submitted for plan check, permitted, and put to bid
by general contractors for construction via a Construction Manager-led delivery process.
The tasks to be completed in this Scope of Services include:
1. Design and Construction Document Services (lump sum fee):
. Design and consultation with City staff to verify and/or modify the layout of parking,
driveways, sidewalks, and planting areas shown in the attached Exhibit E.
. Design and specification of an LED site lighting system.
. Modification of existing site utilities to accommodate new site lighting and changes to
existing layout of surface improvements.
. The relevant Electrical Engineering, Civil Engineering, Structural Engineering, and
Landscape Architectural services will be included.
. Preparation of two alternate designs to accommodate the trash enclosure(s) and
City/Library employee bicycle parking outlined in Exhibit E.
. Modifications and additions to the existing Construction Documents (drawings and
specifications) for permitting to current governing code standards.
. Preparation of two documents packages, one for the lot on Dowdy Street and one for the
remainder of the work.
. Assist the CM in document constructability and coordination review process.
. The total number of local meetings (in addition to those already included in the original
Agreement Documents) included in this scope (covering the period between April 19,
2010 and Apri12012) is: 3 meetings @ 8 hours and 1 meeting @ 12 hours). Additional
meetings specific to this scope or meetings after Apri12012 are an additional cost.
\\LAX-HAR-FILEOl\Studio Projects\University & Civic\City of Gilroy\2009-000 1 5-000 Gilroy Lib Base
Analysis\ProjMgmt\Proposals\Add Service for Master Plan Interface\l 00419 Exhibits B, C, D, E.doc
. ("Local meetings" are defined as attendance by one person from our Los Angeles office
at a meeting in Santa Clara County between the hours of lOAM and 4PM on the same
day (1 Person Day = 8 hours). If requested by the Owner these hours may be extended to
include an overnight stay (1-1/2 Person Days = 12 hours)
2. Plan ChecklPermitlBiddinglCA Services (at hourly rates, per Exhibit D, not to exceed City
authorized amounts without prior approval):
. Plan Check review, if required by the design, with the City of Gilroy Building
Department.
. Architectural and Site review with the City's Engineering Department.
. Revisions as required based on Plan Check comments.
. Assist the City of Gilroy and the CM in the Bidding of the Construction Documents
including bid addenda and a pre-construction meeting.
. Construction Administration services specific to this additional scope of work (for a
maximum duration of 24 months from NTP for Construction) including attendance at
regularly scheduled meetings, review of submittals and RFI's, preparation of Bulletins
and Field Reports.
General Conditions
Hazardous Materials
Harley Ellis Devereaux does not have specialized expertise in the specifying of treatment and/or
handling of new and/or existing asbestos-containing, asbestos-contaminated, or other hazardous
materials, above or below surface, and our professional liability insurance policy does not
include coverage of these services. Therefore, Harley Ellis Devereaux cannot provide these
services. It is our understanding that City of Gilroy will retain, if necessary, a qualified
industrial hygienist and/or contractor to provide these services. Harley Ellis Devereaux will
include the work of these consultants in their Construction Bid Documents for coordination.
Dispute Resolution
Claims, disputes or other matters in question between the parties to this Agreement arising out of
or relating to this Agreement or the breach thereof shall be subject to and decided by informal
negotiations between authorized representatives of the parties, followed by mediation if the
informal negotiations are not successful. Mediation shall be conducted in accordance with the
Construction Industry Mediation Rules of the American Arbitration Association in effect at the
time the request for mediation is made by either party. In the event that the parties are not
successful in resolving the dispute by mediation, then such disputes shall be subject to and
decided by arbitration conducted in accordance with the Construction Industry Arbitration Rules
of the American Arbitration Association in effect at the time the demand for arbitration is made
by either party. The place of the arbitration hearings shall be at the offices of the American
Arbitration Association in Los Angeles, California], unless otherwise mutually agreed by the
parties. The award rendered by the arbitrator(s) shall be final and binding and enforceable in any
court of competent jurisdiction.
\\LAX-HAR-FILEO1 \Studio Projects\University & Civic\City of Gihoy\2009-00015-000 Gihoy Lib Base
Analysis\ProjMgmt\Proposals\Add Service for Master Plan Interface\l 00419 Exhibits B, C, D, E.doc
EXHIBIT "C"
MILESTONE SCHEDULE
Exhibit"C" - Milestone Schedule
Preliminary Design Analysis
Initial site plan confirmation and design layout
(Assumes receipt of CAD survey update by 4/26/10)
Review meeting on initial design alternatives
Completion of approved design alternative
Construction Documents
Submit for Plan Review and Permit
Plan Check (TBD)
CM Constructability Review (1 week)
Bidding (TBD)
Construction (TBD)
March 31 thru April 23, 2010
Apri126, 2010 thru May 10,2010
May 10,2010
May 11,2010 thruMay 21,2010
May 24,2010 thru June 11,2010
June 14,2010
completed by Apri120, 2012
\\LAX-HAR-FILEOl \Studio Projects\University & Civic\City of Gilroy\2009-00015-000 Gilroy Lib Base
Analysis\ProjMgmt\Proposals\Add Service for Master Plan futerface\100419 Exhibits B, C, D, E.doc
EXHIBIT "D"
PAYMENT SCHEDULE
Total Compensation
Harley Ellis Devereaux' lump sum fee for providing the above outlined services through
submittal for Plan Review will be One Hundred Eighty Thousand Five Hundred
Dollars ($180,500.00), plus direct expenses (as defined below) not to exceed Five
Thousand Dollars ($5,OOO.00} unless authorized by the City of Gilroy in advance.
Phase 1 lump sum fee will be One Hundred Thirty-Five Thousand Three Hundred
Seventy-Five Dollars ($135,375), plus direct expenses incurred.
Phase 2 lump sum fee will be Forty-Five Thousand One Hundred Twenty-Five
Dollars ($45, 125), plus direct expenses incurred.
Invoicing
Invoicing for these services will occur monthly and will be based upon the percentage of
work that has been completed. Payment is expected thirty (30) days within receipt of
invoice.
Additional Services
Any approved additional services by Harley Ellis Devereaux and its Consultants for Plan
Check, Permitting, Bidding, Construction Administration or other services not included
in lump sum scope/fee will be billed hourly, not to exceed Forty-five Thousand Dollars
($45,000) combined for Phases 1 and 2 without prior authorization by the City, based on
the schedule shown below of current hourly rates.
Phase 1 additional services estimate: Thirty-Three Thousand Seven Hundred Fifty
Dollars ($33,750), plus direct expenses incurred.
Phase 2 additional services estimate: Eleven Thousand Two Hundred Fifty Dollars
($11,250), plus direct expenses incurred. The rate schedule will be revised yearly,
beginning 12/31/2010, per standard company rates.
Principal-in-Charge
Project Management
Level 6: Principal
Level 5: Associate
Level 4: Salary
Level 3: Hourly
Level 2: Hourly
Level 1 : Houri
$ 220.00
$199.00
$199.00
$ 142.00
$ 110.00
$ 75.00
$ 70.00
$ 55.00
to
to
to
to
to
to
to
to
$ 270.00
$ 227.00
$ 227.00
$ 205.00
$ 199.00
$ 144.00
$ 102.00
$ 85.00
\\LAX.HAR..FlLEOl\Studio Projects\University & Civio\City of Gilroy\2009.0001S-000 Gilroy Lib BlISe
Analysis\ProjMgmt\PROPOSALS\Add Service for Master Plan Intelface\lOSll Exhibits B, C, D, E revised 2.doc
Direct Expenses
The following direct expenses will be reimbursed at the rate of One and Fifteen
Hundredths (1.15) times the actual cost to Harley Ellis Devereaux (at a cost not to exceed
$5,000 without prior written authorization from the City Administrator):
. Travel expenses by Harley Ellis Devereaux and their Consultants for trips to Santa
Clara County for purposes of investigation and attendance to meetings approved by
the City of Gilroy. .
. Reproduction and delivery-related expenses for documents. Note that documents
for Plan check, CM Coordination, and City Review (2 milestones) will be billed at
cost with no mark-up)
. Out-of-pocket expenses for the preparation of presentation graphics, renderings and
models requested by the City of Gilroy.
. Expenses for consultants' services authorized by the City of Gilroy in connection
with topographic survey, soils testing and geotechnical studies, other project
specific consultants, etc.
\\LAX-HAR-FILEOl\Studio Projeots\University & Civio\City of Gilroy\2009-00015-000 Gilroy Lib Base
Analysis\ProjMgmt\Proposals\Add Service for Master Plan Interfaoe\100419 Exhibits B, C, D, B.doc
EXHIBIT "E"
SCOPE EXHmITS
The following drawings (SK-1, SK-2, and SK-3, dated 3/1/2010) and Project Report #18
(dated 3/31/1 0) are attached following for reference.
\\LAX-HAR-FILEOl\Studio Projects\University & Civio\City of Gilroy\2009-0001S-000 Gilroy Lib Base
Analysis\ProjMgmt\Proposals\Add Service for Master Plan lnterface\l00419 Exhibits B, C, D, E.doc
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