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HomeMy WebLinkAbout2004-010 Amendment - Pfeiffer Partners (Formerly HHPA) ....-_,...._--�- a. •�—•....ear...-,-"-_•'.--��'} �'JY1Gf11�M� CITY OF ATASCADERO TIN on ,x 1918 �1 9 AMENDMENT TO Contract # 2004-010 Pfeiffer Partners Architects Inc (A successor firm to Hardy Holzman Pfeiffer Associates, LLP) for Architectural and Engineering Services for City Hall Programming Changes, Restoration, Additional Code Upgrades and Deferred Maintenance Items i Isis ■ 1a e a AMENDMENT TO CONSULTANT SERVICES AGREEMENT FOR THE CITY OF ATASCADERO Pfeiffer Partners Architects Inc This document is an amendment to the contract made and entered into between City of Atascadero, a Municipal Corporation ("City") and Pfeiffer Partners Architects Inc , a successor firm to Hardy Holzman Pfeiffer Associates, LLP ("Consultant") SCOPE OF SERVICE Basic services included are structural engineering, electrical and plumbing engineering, and materials conservation Special consultant services include, but are not limited to code consulting, landscape architecture, acoustical consulting, vertical transportation consulting, etc The scope of work to be provided by the Consultant will be known as Package 3, and will include the design for the scope of work that FEMA has denied, in addition to CCHE-funded restoration work and optional upgrades as requested by the City (Package 3 was referenced in the amendment dated July 9, 2008 as Package 2- Programming Changes, Restoration, Additional Code Upgrades and Deferred Maintenance Items ) Optional upgrade items will be designed and included in the documents as additive alternates, rather than base bid items, in order to give the City the most flexibility in meeting the desired project budget. Package 3 Scope of Work 1 Interior TI (Programming Impacts) ■ Demolition Drawings ■ Revised Floor Plans ■ Revised Ceiling Plans 7 13-10 A-i ■ Interior Elevations ■ Finish Plans ■ Finish List ■ MEP Design ■ Lighting Design ■ Security Design 2. Code Upgrades ■ Sprinkler System ■ Exiting (Assembly Occupancy on 4, no Residential) • Stair#1 enclosure • Stair#1 egress directly to exterior ■ Fire Ratings Related to Egress • Doors • Walls • Ceilings ■ Fire Resistive Construction • Vertical Shafts • Penetrations ■ Toilet count at fourth floor ■ ADA • Elevator (removal of existing and replacement including enlarging elevator shaft) • Site Parking ■ Exiting and emergency lighting 3 MEP ■ Mechanical system replacement • System Options • Mechanical Plant • Sustainability • Life Cycle Cost Analysis • Operating & Maintenance Costs ■ Ceiling impacts due to mechanical ■ Code upgrades ■ Electrical system and fire alarm evaluation & possible replacement depending on outcome of evaluation Replacement design included as an additional service above the base fee 4. Restoration Items (Note —Aside from the first two items, all items will be designed as additive alternates so that if bids come in low, the City can take advantage of the funds they have and do additional restoration items) ■ Entry door replacement (CCHE Funded) ■ Parapet balustrade replacement (CCHE Funded) ■ Light boxes at rotundas ■ Reopening overlooks into lower rotunda 7 13-10 A-2 ■ Misc exterior deferred maintenance items not covered by FEMA scope ■ Landscape restoration 5 Return of Landscape to 2003 Cost estimating is not part of the proposed scope of work and is expected to be performed by the Construction Management firm under a separate contract with the City Civil Engineering has not been included as there is currently no scope of work related to Civil Engineering COMPENSATION Compensation to the Consultant for Package 3 shall be a fixed fee of $560,000 plus reimbursable expenses The total fees paid shall not exceed $560,000 + $40,000 in reimbursable expenses without prior written permission from the City Manager or his designee Work completed without prior authorization will not be compensated by the City of Atascadero City of Atascadero shall pay Architect's invoices within 30 days of receipt of an acceptable invoice Reimbursable expenses are in addition to services and include transportation in connection with the project, authorized out-of-town travel and subsistence, reproductions, plots, standard form documents, postage, handling and delivery of instruments of service, requested renderings, models, and mock-ups, and other similar direct project related expenditures Reimbursable expenses will be billed at cost plus 10% for administrative costs Prior to Architect providing City of Atascadero with electronic representations of contract documents, City of Atascadero agrees to execute attached Exhibit A, Electronic Media Agreement. Except as modified by this Amendment, the terms of the Consultant Services Agreement entered by the parties on July 13, 2004 shall remain in full force and effect. Effective June 23, 2010 CITY OF ATASCADERO PFEIFFER PARTNERS ARCHITECTS, INC � B y y: 7 27 10 A-3 PFEIFFER PARTNERS T architecture interiors planning September 9,2008 EXHIBIT 'A' City of Atascadero 6905 EI Camino Real,Suite 6 Atascadero,CA 93422 Project: City of Atascadero City Hall Earthquake Damage Repair&Hazard Mitigation Pfeiffer Partners Project#5961.xx Subject: Agreement Concerning Use of Electronic Media Norman Pfeiffer,FAIR Dear City of Atascadero: Jean Mane Gath City of Atascadero,"Recipient"has requested that Pfeiffer Partners Architects Inc., Architect"provide certain plans, William Murray,AIA specifications and other documents in electronic media(CADD form and/or BIM FILES, 'ELECTRONIC FILES")for the project Stephen Epstein identified above. Recipient has requested that Architect and/or Architect's Consultants furnish ELECTRONIC FILES in order Sharon lasoff Murphy for Recipient,its contractors,subcontractors and other consultants to expedite their work. Recipient recognizes that Stephanie Kingsnorth,AIA ELECTRONIC FILES are not intended to be used for construction,are not Contract Documents and have the ability to be revised by others without the knowledge or consent of the Architect;and when plotted,may result in variances. The Architect is nevertheless willing to provide ELECTRONIC FILES based on the terms and conditions specified herein. In consideration of Architect's agreement to release ELECTRONIC FILES,the Recipient agrees as follows: 1 Recipient acknowledges that the ELECTRONINC FILES may be the property of the Owner and subject to the copyright of the Owner,Architect,and Architect's Consultants. 2. The electronic media shall not be write-protected such that data can be manipulated. 3. Architect will provide to the Recipient a working copy electronic media disk or access to ELECTRONIC FILES via Architect's FTP site. 4 Any use of any kind and/or changes to the ELECTRONIC FILES will be at the user's sole risk,and without liability risk or legal exposure to the Architect or the Architect's Consultants. The Recipient and any other person or entity using the ELECTRONIC FILES agrees to release and,to the fullest extent permitted by law,defend,indemnify and hold harmless the Architect and its Consultants and their partners,shareholders,agents and employees from and against any and all claims,demands,loses,expenses,damages,penalties and liabilities of any kind,including without limitation,attomeys'fees(excepting only those caused solely by the negligence or willful misconduct of the Architect or Architect's Consultants)arising out of or relating in any way to any such use of or change to the ELECTRONIC FILES. 5. The ELECTRONIC FILES are provided as a convenience to the Recipient for informational purposes only in connection with the Recipient's performance of its responsibilities relating to the Project. The ELECTRONIC FILES do not replace or supplement the paper copies of the Drawings and Specifications,which are,and remain(once issued for construction),the Contract Documents for the Project. 1 811 WEST 7TH ;TRFFT s 711-1 FLOOR e LOS ANGFIL S.CAL-IFORNIA 90017 e T 213.(524.2775 , F 213.895.a)23 a www.pfreiffcrpartnors.+.oni 100 VANDAM ;TREFT . SUITF 5-1t3 r NFW YORK,NFW YORK 10013 r T 21:2.625.3911 , F 212,625,'1306 6. The ELECTRONIC FILES are not,nor shall they be construed to be,a product.Under no circumstances shall delivery of the ELECTRONIC FILES be deemed a sale by Architect.There are no warranties of any kind in such ELECTRONIC FILES or in the media in which they are contained,either expressed or implied. In no event shall Architect or Architect's Consultants be liable for any loss of profit or any consequential damages as a result of Recipient's or any third party's use or reuse of these ELECTRONIC FILES 7 Any further conversion of the format or changes by the Recipient is solely the responsibility of the Recipient. The conversion of ELECTRONIC FILES from the machine-readable format used by Architect or Architect's Consultants to some other format will likely introduce errors or other inaccuracies. 8. The media in which any ELECTRONIC FILES are transmitted can deteriorate over time and under various conditions. Architect is not responsible for any such deterioration. 9 The ELECTRONIC FILES(1)are not construction documents and cannot be relied upon as identical to contract documents(2)are only a component of the instruments of service and provide design information reasonably current as of the date of their release(3)are provided for informational purposes only and are not intended as an end-product,and(4)are not intended to be used as shop drawings.No representation is made by Architect or Architect's Consultants as to the accuracy completeness or degree of coordination of such files,or that the information contained in the ELECTRONIC FILES is free from errors or omissions,or free from damage or deletion in part or in whole. The Recipient accepts all responsibility for any errors or inaccuracies and releases Architect from any liability or claims for recovery of damages or expenses arising as the result of such errors or inaccuracies. Recipient agrees that dimensions may not be scaled in the ELECTRONIC FILES and that written dimensions on the hard-copy Contract Documents take precedence. 10. Recipient will not use,or allow others to use the ELECTRONIC FILES,in whole or in part,for any purpose or project other than as stated herein without the express prior written permission of Architect. 11 Recipient agrees,as a condition of forwarding the ELECTRONIC FILES to its contractors,subcontractors or any other consultants,person or entity to require such third party to agree in writing to the terms and conditions of this Agreement Concerning Use of Electronic Media. 12. Any breach of this Agreement subjects the Recipient to attorney's fees and costs incurred by Architect to enforce the Agreement. 13. Recipient understands that a BIM FILE does not include complete information,and in fact intentionally omits information in order to manage the size of the BIM FILE and due to the efficiency of producing some information using other means(AutoCAD Files). In addition,Recipient understands that the BIM FILE may not include information from Architect's Consultants and should Consultant information be included,it may also be incomplete. Further Recipient understands that the BIM software is a tool that the Architect and Architect's Consultants use to document their design intent and is not a virtual representation of a building. Finally Recipient understands that the use of BIM software is relatively new to the industry and remains somewhat experimental in its implementation. Therefore,Recipient understands and agrees that the use of BIM FILES may have significant limitations. Furthermore,any restrictions,limitations, or requirements on the use of BIM software as published by the author of that software are hereby incorporated by reference herein and the Recipient agrees to be bound by those same restrictions,limitations or requirements. PFEIFFER PARTNERS The signing of this Agreement must be by an officer of Recipient's company who expressly certifies that his/her/their signature(s)below is/are authorized by the Recipient to accept and commit to the terms and conditions included in this Agreement and Release on behalf of the Recipient. Please indicate your acceptance of this Agreement by signing in the space provided below and returning to my attention. Regards, Stephen Epstein 6 Principal Accepted by Dat PFEIFFER