2001-146-Authorizing The Of Los Gatos Authorizing The Town Manager To Execute An Amendment To The Agreement To The Agreement For Professional Services In Conjunction With DesignRESOLUTION 2001-146
RESOLUTION OF'THE TOWN COUNCIL/REDEVELOPMENT AGENCY
OF THE TOWN OF LOS GATOS
AUTHORIZING'THE TOWN MANAGER
TO EXECUTE AN AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL
SERVICES IN CONJUNCTION WITH'THE DESIGN OF THE TOWN.PLAZA
RENOVATION PROJECT.
WHEREAS, on May 7, 2001, the Town of Los Gatos entered into an agreement
with Mesiti-Miller Engineering Inc., to perform design engineering services at a cost not to
exceed $78,300 in connection with the Town Plaza Renovation project, in the Town of Los
Gatos.
WHEREAS, an .Amendment to the Agreement is necessary as the Consultant
provided additional staff time to meet with Town staff and project work group regarding the
Project Worlc Plan for the Town Plaza Renovation Project.
WHEREAS, an Amendment to the .Agreement is necessary to :include the
additional services .not included in the original contract to design an electrical outlet system for
the Town Plaza.
WHEREAS, an .Amendment to the Agreement is necessary to include .additional
design work added to the project as requested at the December 3, 2001 Council/Agency meeting.
NOW THEREFORE BE IT RESOLVED, by the Town Council/
Redevelopment Agency of the Town of Los Gatos, County of Santa Clara, State of California,
that the Town of Los Gatos enter into an Amendment to the Agreement (Exhibit A) for
additional consulting services, and that the Town Manager is authorized, and is hereby directed,
to execute an Amendment to the Agreement.
PASSED AND ADOPTED at a regular meeting of the Town
Council/Redevelopment Agency of the Town of Los Gatos, California, held on the 17th day of
December, 2001 by the following vote:
COUNCIL MEMBERS:
AYES: Steven Blanton, .Sandy Decker, Steve Glclanan, Joe Pirzynsl~i,
Mayor Randy Attaway
NAYS : None
ABSENT: None
ABSTAIN: None
A.TT~ES~T:
~ t~
CLERK OF THE TOWN OF LO ATOS
LOS GATUS, CALIFORNIA
SIGNED: -~
MAYOR OFT E TOWN O LOS GATOS
LOS GATOS, CALIFORNIA
AMENDMENT TO .AGREEMENT
This AMENDMENT TO AGREEMENT is entered into this seventeenth- day of
December- 2001, by and between the Town of Los Gatos, State of California, herein called
"Town," and, Mesiti-Miller Engineering, Inc. herein called '"Consultant."
RECITALS
A. Town and .Mesiti-Miller Engineering Consultants,. Inc. entered into an agreement for
engineering consultant services on May 7, 2001 ("Agreement"), a copy of which is
attached hereto as Attachment 4 and incorporated herein by reference.
B. Consultant provided additional staf f time to meet with Town staff and the prof ect Worlc
Group regarding the project work plan for the Town Plaza Renovation project.
C. Additional services to design an electrical outlet system for the Plaza not in the original
contract.
D. Additional design work added to the project at theDecember 3, 2001 Council/Agency
meeting.
AMENDMENT
1. The Agreement is hereby amended to provide additional design work and staff time for
this proj ect in accordance with Attachment 2 to this agreement.
2. All other terms and conditions of the Agreement dated May 7, .2001 remain in full force
and effect.
IN WITNESS WHEREOF, the Town and [Consultant/Contractor] have executed this
Agreement as of the date indicated on page one {1).
r
Town of Los Gatos, by: [consultant's/contractor's name], by:
(Signature)
Debra J. Figone, Town Manager
Town of Los Gatos
ATTEST:
Clerk of the Town ofLos Gatos,
Los Gatos, California
(Print Name)
Approved as to Form:
Orry P. Korb, Town Attorney
Marian V. Cosgrove, Town Clerk
OFFICE OF THE TOWN CLERK
AOR ~~ • ~~ ~~
AGREEMENT FOR ENGINEERING CONSULTANT SE~'~~ ~% ~~~
O~,D
THIS AGREEMENT is entered into this day of , 2D01,
by and between the Town of Los Gatos., State of California, herein ca e e own , an ~~~_,~~
MESiTI-MILLER ENGINEERING, .INC.. engaged in providing CI~L=1~61~'"'.,~--
consulting services herein called the "Consultant".
RECITALS
A. The Town is considering undertaking activities to REHABILITATE THE PLAZA
PARK AND CONSTRUCT VARIOUS IMPROVEMENTS WITHIN AND ADJACENT
TO THE PLAZA PARK.
B. The Town desires to engage a CIVIL ENGINEERING Consu'Itant to provide
consulting services in conjunction with DESIGNING THE IMPROVEMENTS ..AND
PREPARING CONSTRUCTION DOCUMENTS, because of Consultant's
experience and qualifications to ..perform the desired work.
C. The Consultant represents and affirms that it is qualified and willing to perform the
desired work pursuant to this Agreement.
AGREEMENTS
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Scope of Services. The Consultant shalt provide the following services listed in the
"Proposal", dated 3/30101, hereafter referred to as Exhibit A and incorporated
herein by reference..
2. Time of 'Performance. The services of the Consultant are to commence upon the
.execution of this Agreement and .issuance of a Town purchase order, with
completion of the project per the "Schedule of Performance", dated 3/30/01,
hereafter referred to as Exhibit B and incorporated herein by reference:
3. Compliance with'Laws. The Consultantshall complywith all applicabie laws,,codes,
ordinances, and regulations. of governing federal, state and local laws. Consultant
represents and warrants to Town that it has all licenses, permits, qualifications and
approvals of whatsoever nature which are legally required for Consultantto practice
its profession. Consultant represents and warrants to Town that Consultant shall,
at its sole cost and expense, keep in effect or obtain at all times during the term of
this Agreement any licenses, permits, and approvals which are legally required for
Consultant to practice its profession. Consultant shall maintain a Town of Los
Gatos business license ,pursuant to Chapter 14 of the Code of the Town of Los
Gatos.
Sole Responsibilitx. Consultant shall be responsible for employing or engaging all
persons necessary to perform the services under this Agreement.
N:\B&E\LARRY\Plaza Park Design Agrmnt.wpd
Page 1 of 7
5. Information/Report Handling. All documents furnished to Consultant by the Town
:and all reports and supportive data prepared 'by the Consultant under this
Agreement are the Town`s property and shall be delivered to the Town upon the
completion of Consultant's services or at the Town's written request. All reports,
information, data, and exhibits prepared or assembied by Consultant in connection
with the performance of its services pursuant to this Agreement are confidential until
released by the Town to the public, .and the Consultant shall not make any of the
these documents or information available to any individual or organization not
employed by the Consultant or the Town without the written consent of the Town
before such release.. The Town acknowledges that the reports to be prepared by
the Consultant pursuant to this Agreement are for the purpose of evaluating a
defined project, and Town's use ofthe information contained inthe reports prepared
by the Consultant in connection with other projects shall be solely at Town's .risk,
unless Consultant expressly consents to such use in writing. Town further agrees
that it will not appropriate any methodology or technique of Consultant which is and
has been confirmed in writing by Consultant to be a trade secret of Consultant.
6, Compensation. Compensation for all services rendered in connection with this
project will be based on time and expenses charged in accordance with the
"Standard Billing Rates", dated 1./26/01., hereaf#er referred to as Exhibit C and
incorporated herein by reference. Based on the information available to Consultant
at this time, it is the Consultant's opinion the probable total fee fortheirservices will
be approximately $78,300 including reimbursable expenses. This figure is purely an
estimate and is not intended as an upward limit of Consultants billings, which are
based on hourly fees and expenses. However, Consultant shall -not exceed this
figure without the Town's written authorization.
Billing shall be accompanied by an explanation of the work performed by whom and
at what .rate. Also, plans, specifications, documents or other pertinent materials
shall be submitted for Town review, even if only in partial or draft form..
Payment shall be net thirty (30) days.
8.
All invoices and statements to the Town shall reference the Town's purchase order
number and be addressed as follows:
invoices:
Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031
Statements:
Town of Los Gatos
Attn: Finance Department
P.O. Box 655
Los Gatos, CA 95031
Availability of Records. Consultant shall maintain the records supporting this billing
for not less than three years following completion ofthe work underthis Agreement.
Consultant shall make these records available to authorized personnel of the Town
at the Consultant's offices during business hours upon written request of the Town.
Project Manager. The Project'Managerfnr the Consultant for the work .under this
Agreement shall'be Mark Mesiti-Miller.
Page 2 of 7
9. Assignability and Subcontracting, The services to be performed under this
Agreement are unique and personal to the Consultant. No porfiion of these services
shall be assigned or subcontracted without the written consent of the Town except
as follows:
10
11
The Town consents to Consultant subcontracting Joni L. Janecki and Associates.,
lnc. (JLJA) for Landscape .Architectural services as outlined in JLJA's "Proposal
for Services by the Landscape Architect", dated 3/30/01, hereafter referred to
as Exhibit D and incorporated herein by reference.
The Town consents to Consultant subcontracting Paul Rodrigues, Landscape
Architect, to review drawings for conformance with Town's pre-approved concept
plans as proposed in .Exhibit A.
The Town consents to Consultant subcontracting Giuliani & Kull, Inc, to perform
land surveying services as proposed in Exhibit A.
The Town consents to Consultant subcontracting a fountain designer to design the
planned interactive fountain as proposed in Exhibit A, Prior to retaining a fountain
designer, Consultant will obtain Town's written approval of the designer selected.
Notices. Any notice required to be given shall be deemed to be duly and properly
given if mailed .postage prepaid, and addressed to:
To Town.:
Director of Parks & Public Works
Town of Los Gatos
P.O. Box 949
Los Gatos, CA 95031
To Consultant:
Mark Mesiti-Miller
Mesiti-Miller Engineering, Inc.
224 Walnut Avenue, Suite B
Santa Cruz, CA 95060
or personally delivered to Consultant to such address or such other address as
Consultant designates in writing to Town.
Independent Contractor.
It is understood that the Consultant, in the performance of the work and services
agreed to be performed., shall act as and be an independent contractor and :not an
agent or employee of the Town. As ~n independent contractor he/she shall not
obtain any rights to retirement benefits or other benefits which accrue to Town
employee(s). With prior written consent, the Consultant may perform some
obligations under this Agreement by subcontracting., but may not delegate ultimate
responsibility for performance or assign or transfer interests under this Agreement.
Consultant agrees to testify in any litigation brought regarding the subject of the
work to be performed under this Agreement. Consultant shall be compensated for
its costs and expenses in preparing for, traveling to, .and testifying in such matters
at its then current'hourly rates of compensation, unless such litigation is brought by
Consultant or is based on allegations of Consultant's negligent performance or
wrongdoing.
Page 3 of 7
12. .Conflict of Interest. Consultant understands that its professional responsibilities are
solely to the Town. The Consultant has and shall not obtain any holding or interest
within the Town of Los Gatos. Consultant has no business holdings or agreements
with arty individual member of the Staff or management of the Town or its
representatives norshall it enter into any such holdings or agreements. In addition,
Consultant. warrants that it does not presently and shall not acquire any direct or
indirect interest adverse to those of the Town in the subject of this Agreement, and
it shall immediately disassociate itself from such an interest should it discover it has
done so and shad, at the Town's sole discretion, divest itself of such interest.
Consultant shall not 'knowingly and shall take reasonable steps to ensure that it
does not emp oy a person having such an interest in this .performance of this
Agreement. If after employment of a person, Consultant discovers it hasemployed
a person with a direct or indirect interest that would conflict with its ,performance of
this Agreement, Consultant shall promptly notify Town of this employment
re ationsh'ip, and shall, at the Town's sole discretion., sever any such employment
relationship,
13. .Equal Employment Opportunity. Consultant warrants that it is an equal opportunity
employer and shall compiywith applicable regulationsgoverning equal employment
opportunity. Neither Consultant nor its subcontractors do and neither shall
discriminate .against persons employed or seeking employment with them on the
basis of age, sex, color, race., marital status, sexual orientation, ancestry., physical
or mental disability, national origin, religion, or medical condition.,. unless based. upon
a bona fide occupational qualification pursuant to the California Fair Employment
Housing Act.
14. Insurance.
A. Minimum Scope of Insurance:
Consultant agrees to have and maintain, for the duration of the
contract, General Liability .insurance policies insuring him/her .and
his/her firm to an amount not less than: one million dollars
($1,000,000) combined single limit per occurrence for bodily injury.,
.personal injury and property damage.
Consultant agrees to have and maintain for the duration of the
contract,. an Automobile Liability insurance policy .ensuring him/her
and his/her staff to an amount not less than one .million dollars
($1,000,000) combined single limit per accident for bodily injury and
,property damage.
iii. Consultant shall provide to the Town all certificates of insurance, with
original endorsements effecting coverage. Consultant agrees that all
certificates and endorsements are to be received and approved by the
Town before work commences.
iv. Consultant agrees to have .and maintain, for the duration of the
contract, professional liability insurance in amounts not less than
$1,0.00,000 which is sufficient to insure Consultant for professional
.errors or omissions in the performance of the particular scope of work
under this agreement.
'Page 4 of 7
B. General Liability:
The Town, its officers, officials, employees and volunteers are to be
covered as insured as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed
operations of Consultant, premises owned or used by the Consultant.
This requirement does not apply to the professional liability insurance
required. for professional errors and omissions.
ii. The Consultant's insurance coverage shall be primary insurance as
respects the Town.., its .officers, officials., employees and volunteers.
Any insurance orself-insurances maintained by the Town, its officers,
officials, employees or volunteers shall be excess of the Consultant's
insurance and shall not. contribute with it.
iii. Anyfailure to comply with reporting provisions of the policies shall not
affect coverage provided to the Town, its officers., officials, employees
or volunteers..
iv. The Consultant's insurance shall apply separately to each insured
against whom a claim is made or suit is brought, except with respect
to the limits of the insurer's liability.
C. All Coverages: Each insurance policy required in this item shall be endorsed
to state that coverage shall not be suspended, voided, cancelled., reduced
in coverage or in limits except after thirty {30) days' prior written notice by
certified mail, return receipt regwested, has.been given to the Town. Current
certification of such insurance shall be'kept on file at all times during theterm
of this agreement with the Town Clerk.
D. in addition to these policies, Consultant shall have and maintain Workers'
Compensation insurance as required by California law and shall provide
evidence of such policy to the Town before beginning services under this
Agreement. Further, Consultant shall ensure that atl subcontractors
employed by Consultant ..provide the required Workers' Compensation
insurance for-their respective employees..
E. Consultant shall provide current certification of insurance for each
subcontractor approved herein, or that may be approved by Town pursuant
to this Agreement. Said certifications shall also be kept on file at all relevant
times during the term of this Agreement~with the Town Clerk.
15. Indemnification. The Consultant shall save, keep and hold harmless indemnify and
defend the Town its officers, agent, employees and volunteers firom all damages.,
liabilities., penalties, costs, or expenses in law or equity that may at any time arise
or be set up'because of damagesto property or personal injury received by reason
of, or in the course of performing work which .may be occasioned by a willful or
negligent act or omissions of the Consultant, or any of the Consultant's officers,
employees, or agents or.any subcontractors.
Page 5 of 7
16. Waiver. No failure on the part of either party to exercise any right or remedy
hereunder shall operate as a waiver of any other right or remedy that party may
have hereunder, nor does waiver of a breach or default under this Agreement
constitute a continuing waiver of a subsequent breach of the same or any other
provision of this Agreement..
17. Governing ,Law. This Agreement, regardless of where executed., shall be governed
by and construed to the laws of the State of California. Venue for any action
regarding this Agreement shall be in the Superior Court of the County of Santa
Clara.
18. Termination of Agreement. The Town and the Consultant shall have the right to
terminate this agreement with or without cause by giving not less than 15 days
written notice of termination. In the event of termination., the Consultant shall deliver
to the Town all plans, files., .documents and reports performed to date by the
Consultant, In the-event ofsuch termination..., Town shall pay Consultantan amount
that bears the same ratio to the maximum contractprice as the work delivered to the
Town bears to completed services contemplated underthisAgreement pursuantto
Exhibit A hereto, unless such termination is made for cause, in which event,
compensation, if any, shall be adjusted in light of the particular facts and
circumstances involved in such termination.
19. Amendment. No modification, waiver, mutual termination., or amendment of this
Agreement is-effective unless made in writing and signed by the Town and the
Consultant.
20. Disputes. In any dispute over any .aspect of this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees, including costs of appeal.
21. Entire Agreement. This Agreement, including. Exhibits A, B, C, and D attached
hereto, constitutes the complete and exclusive statement ofthe Agreement between
the Town and Consultant. No terms, conditions, understandings or agreements
purporting to modify or vary this Agreement, unless hereafter made in writing and
signed by the party to be bound, shall be binding on either party.
Page 6 of 7
IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement as of
the date indicated on page one (1).
Town of Los Gatos, by:
Debra J. igo Town :Manager
Approved as to #orm:
Consultant, by:
Mark Mesiti-Miller
President
Mesiti-Miller Engineering, Inc.
Or P. Korb, Town Attorney
Attest:
~ ~
Mari n o ov own Clerk
Page 7 of 7
i
Mesiti-Miller Engineering, Inc.
Exhibit A -Proposal for Plaza Park
MME Protect No: 1011:17
March 30, 2001
Page 1 of 4
Exhibit A
PROPOSAL
Project Ulnderstanding
This project basically consists of rehabilitating the Plaza Park and constructing various
improvements within and adjacent to the Town Plaza in Los Gatos, California as
shown on the conceptual .plan prepared by Paul Rodrigues dated 5/97. Our intention is
to use the Rodrigues conceptual plan and the Town approved Master Plan for the
downtown .area as the basis for our design. This work also includes improvements to
the .intersection of West Main and South Santa Cruz Avenue.
Our work will generally include the land surveying, civil engineering and landscape
architectural services necessary to prepare construction documents including plans,
specifications and estimates for use in competitive bidding and construction of this
project. All surveying services will be subcontracted to Giuliani & Kull, Incorporated, All
landscape architectural services will be furnished by our subconsultant, Joni L.
Janecki and Associates. We intend to subcontract with a Town approved fountain
consultant for specialized services relating to the proposed interactive. fountain. We
will also subcontract with .Paul Rodrigues to review and comment on the Design
Development drawing set in an effort to make the proposed final design match the
creative vision'Mr. Rodrigues expressed in the conceptual plan he prepared.
Our work will be completed in .several phases. A brief summary of the services we
intend to provide during each .phase follows.
Phase One, Part A -Design Development (DD) will generally begin with an evaluation
of the configuration developed during the schematic design phase of this project as
represented by the Rodriguez drawing. This task will be followed by development and
integration of the design scheme into the existing area and will include analysis and
preparation of ..preliminary engineering calculations, drawings and outline technical
specifications. The end result of our efforts during this phase will be to prepare and
deliver a set of drawings illustrating the plan configuration of the improvements and
the details necessary to characterize the proposed improvements along with an
opinion of probable cost to construct all the, improvements. These DD drawings will be
about 50% complete when compared to the final drawings.
Meslti-Miller Engineering, Inc.
Exhibit A • Proposal for Plaza Park
MME Project No:901117
March 30, 2001
Page 2 of 4
Phase Two, construction Documents will basically consist of finalizing the details of
the design, completing all analysis, preparing the final calculations, drawings., and
specifications and coordinating the civil design with the landscape architectural design
and fountain designs.
Scope of Proposed Services
The scope of our services is based on a review of as-built drawings and the
conceptual drawing provided. by Paul Rodrigues dated 5/97., observations made during
a visit to the sites, and discussions with the Town. Based on this .information, we
intend to provide the following basic services:
Phase One, Part A -Design Development
1. Prepare this project understanding, scope of services and estimate of fees.
2. Attend a meeting with the Town and members of the design team to review .and
discuss the previously submitted schematic drawings.
3. Subcontract with JLJA to provide the landscape architectural services outlined
in their proposal to us, a copy of which is attached. and identified as Exhibit D.
Authorize JLJA to proceed with the design development phase services.
4. Subcontract with Giuliani & Kull, Inc. to perform a topographic and utility survey
within and around the Plaza Park. Authorize surveyor to proceed with survey
phase of services.
5. Subcontract with a Fountain Designer {FD) to develop the design of an
.interactive fountain to replace the existing fountain. Selection of the FD for this
project will be subject to the approval of the Town. Authorize the FD to proceed
with the design development phase services.
6. Review the previously prepared schematic design drawings in an effort to
identify any conflicts between the various utilities.
7. Attend one additional meeting, participate in telecons and otherwise liaison with
the Town and members of the design team as may be required to accomplish
the tasks identified during this phase.
8. Develop the design of the selected civil and landscape architectural site
improvements.
9. Prepare preliminary civil calculations for earthwork and ..paving volumes., storm
systems, and other portions of the civil site improvements.
10. Prepare and deliver one set of DD progress drawings defining the proposed
site improvements. DD drawings will be about 50% complete when compared
to the final drawings. 'Drawings to be furnished will include.:
a:) Site layout plans showing horizontal and vertical control information and
relationship of major .elements, to scale
b) Site drainage plan with inlets, outlets, .prelim pipe sizes and lengths
i
Mesiti-Miller Engineering, Inc.
Exhibit A -Proposal for Plaza Park
MME Project No: 101117
'March 30,..2001
Page 3 of 4
c) Utility layout plans (water., sewer, electric, etc.)
d) Atypical site cross section
e) Landscape planting and irrigation plans,_including interactive fountain
f) Key details illustrating the character of the proposed improvements
11. Subcontract with Paul'Rodrigues to review and comment on the DD set of
drawings for consistency with his original creative vision.
12. Prepare and deliver outline specifications in the Town"s standard format.
13. Prepare and deliver an opinion of probable construction costs for the project
represented by the DD drawings and specifications..
14. Provide project administration services as required to perform these tasks.
Phase Two -Construction Documents
1. Authorize JLJA :and the f D to proceed with the construction document phase
services .outlined in their previously referenced proposal to us.
2. Attend a meeting with you and :other members of the design team to .review and
discuss the previously submitted DD drawings and to resolve any identified
conflicts between the various disciplines.
3. Attend .one :additional meetina. oarticioate in teiecons and otherwise liaison with
the Town and members of the desian team as may be required to accomplish
the tasks identified during this phase.
4. Prepare and deliver final civil engineering calculations.
5. Prepare and deliver final drawings sufficiently detailed for use in compefiifive
bidding and for guidance of a qualified, experienced contractor during
construction of the proposed improvements. Drawings will be submitted at a
90% 'level for review and comment by you and the project team. After receipt of
the reviewed 90% drawings., we will complete the design and .,.preparation of
100% level drawings.
6. Establish the inspection and testing..requirements for all materials and
workmanship.
7. Prepare and deliver the technical specifications in the Town's standard format.
Specifications will be submitted at a 90% ievel for review and comment by you
and the project team. After receipt of the reviewed 90% specifications, we will
complete the preparation of 100% level specifications suitable for bidding and
for guidance of a qualified, experienced contractor during construction of the
proposed improvements.
8. Assist in obtaining approval of the project by responding to one set of plan
check comments.
Mesiti-Mlller Engineering, Inc.
'Exhibit A -Proposal for Plaza Park
.MME Project No: 101117
..March 30, 2001
Page 4 of 4
9. Prepare and deliver the final opinion of probable construction costs for the
project represented by our drawings and specifications.
10. Provide .project administration services as required to perform these tasks.
Addi Tonal Work
Additional work services are those items which arise as a result of unforeseen
circumstances during the project and/or those items which are not specifically
mentioned underthe scope of proposed services outlined above. All additional work
services will be .billed on a time and expense basis in accordance with our then-
,prevailing Standard Billing Rates.
Submittals
This proposal anticipates delivering submittals to you for your review and comment at
the following points:
Design Development
Construction Documents 90%
Construction Documents 100%
f:\proposal\1011171osgatos_exa_parkpl aza. doc
Exhibit B
Schedule of .Performance
Town of Los Gatos
Plaza Park Rehabilitation
March 30, 2001
Milestone'Event
Town's authorization to proceed
Receive survey information
Review current info, prep AutoCAD base dwgs, begin design
Deliver design development drawings to Town
Town review of DD dwgs
Begin preparation of Construction Documents
Deliver 90% complete CDs
Town review of 90% CDs
Deliver 1.00% complete CDs
Completion Date
Week 0
V1/eek 3
Week 4
Week 11
Week 12
Week 13
Week 20
Week 21
Week 23
Mesiti-Miller Engineering, Inc.
Town of Los Gatos, Plaza Park Rehabilitation and Street Improvements -MME No.:101117
Exhibit "B" -Schedule of Performance
Page 1 of 1
^o ( ~.
°~~ °~ MESITI-MILLER ENGINEERING, INC.
Civil and Structural Engineering
Exhibit C
Standard Billing Rates
Effective January 26, 2001
Office Personnel
Engineer I $ 75 /hour
Engineer II 87 /hour
.Engineer III 99 /hour
':Engineer IV 112 / .hour
'Engineer V 125 /hour
Principal Engineer 135 !hour
Expert Witness (4 hour minimum) 195 /hour
Court appearance and preparation therefor
Administrative Assistant 56 /hour
Field Technician I 701 hour
Field Technician II 90 /hour
Reimbursable Expenses:
Consultants Direct Billing x 1.10
Outside Services Direct Cost x 1.15
Document reproduction, photography, phone toll
charges, delivery charges, equipment rental,
and other direct project expenses '
In-House Services
Photocopies $ 0.10 sheet
Diskettes / CD-R's 2.00 each
Blueprints (24" x 36") 3.00 sheet
Facsimile transmit/receive 1.00 sheet
Repro film 2.00 sheet
Plotting -check plots on bond 10.00 sheet
-final plots on mylar 30..00 sheet
Travel
Out-of-County automobile mileage $ 0.35 mile
Airfare, Hotel, Car Rental, Meals, etc. Direct Cost x 1.15
Mini-mum Charge $250.00
f: ~misc~billrate.doc
224 Ylfalnut Avenue., Suite B • Santa Cruz, CA .95060 • Fax 426-6607 • 831 426-3186
Mesiti-Miller ~! ; ineering Inc. ~ ~ March 30, 2001 .
Z.os~Galos Town Plaza & Street Improvements .
3.0' SCOPE OF SERVICES
. ~ AE ~ . ~. DESIGN DEVELOgMEhF'F.PHASE. ~~
The Landscape Architect~sha.ll attend one (1) kick off~meeting .
with the Owner's Representative to confirm. the project goals and:
objectives of the site design Ealready conducted). ..
The Landscape Architect shall~review the :existing site Master~Plan~
and further develop the design to include improvements to the
paving, landscaping, lighting, site furnishings' and general site
.design. The Landscape Architect shall coordinate his work with
the Civil Engineer. .
3. The .Landscape Architect shall briefly .research .the-historical
. context of. the Plaza area for design development:. ~ ~ .
4. - The Landscape Architect shall prepare schematic design concepts
for an interactive fountain design. and coordinate this work with a
Fountain Consultant. The: fee for the. Fountain Consultant is ~
. included in this fee proposal.
5: The Landscape Architect shall coordinate with a Certified
Arborist for consultation for the' existing trees on the .project ite.
Time .for he consultations included in. this proposal,
6. T.heLandscape Architect shall develop two to three. schematic
design options for the inclusion of restrooms and a storage area to~
~
tlie existing bus shelter and explore one other location within the
Town Plaza. ..
7: - The Landscape Architect shall present the Design Development
plan to the Owner for' review: and comment. -
8. ~T~is ,phase includes time for one (1) meeting with the Owner .and
other.members of the design team to~review~, discuss, and
coordinate the design.- Additional meetings will be billed~on~an "
'.hourly basis.'as requested by the Owner. (Refer to Item 5.0 Fee
Schedule for hourly rates).
B. CONSTRUCTION. DOCUMENT PHASE.
~. 1. Upon receipt of written authorization from the Owner to.proceed,
~ the Landscape Architect shall prepare the construction documents,
.including Working. Drawings and Specifications setting forth in
detaii,the requirements:for the construction .of .the project:
Joni L.. Janecki & Associates, Inc. ~ - 2 .
,.
Mesiti-Miller ~ ~ ineering Inc. f .March 30, 2001
Los Gatos Town Plaza & Street Improvements . ~ '
' 2. ~ The Landscape Architect shall complete planting plans and details
for all areas to receive. landscaping. The planting plan shall
,
include sizes, location, spacing.and extent of individual_materials:
3. The LandscapE. Architectshall design an automatic irrigation
' - ~ system to coordinate with the planting plans for all~:planting areas
~
.
. within the cape
of~this project.. ~
4'. The Landscape Architect. shall complete paving.construction and
layout plans including the main plazas and courts, raised planters,
borders, ramp's and guardrails within the bounds of the Town
sidewalk. Sidewalks and paving adjacent to the sidewalks shall be '
• included in the Civil Engineer's'scope~of service. This proposal
does not include Civii Engineered profiles, plans :and
specifications. ~ ~ ~ .
5. The L.andscape~ Arelitect~shall Iocate~ in plan; specify, and detail
. site amenities {freestanding planters, .lighting fixtures, '.benches,
brcycle.racks,..trash receptacles, etc.). ~ .
' , 6. The.Landscape Architect shall coordinate with and include plans,. ~ ~ - '
details and specifications .for an interactive fountain prepared by
the Fountain. Consultant. The Consultant's design time is not '
. included in this .fee proposal.
" ~ 7. The Landscape Architect. shall provide the Civil Engineer with
two (2) sets,of plans'and specifications at 90% and 100%
completion..
8. The Landscape .Architect shall prepare a preluninary estimate of ~ ~ :~~
probable cost based upon .the 1QO% Construction Documents...
9.~ This Fee Proposal does not include the fee for-the construction .
document phase for the restroom/storage option if one is`seleeted.
10: This phase includes time for two meetings with the Owner and'.
.. other members of the design::team to review-.and discuss the
design. Additional meetings will `be billed on an hourly basis as-.
. requested by the Owner.. (Refer to Items 5.0 Fee Schedule for ~ .
hourly rates). •'~ ~ ' •
. C. ~ BIDDING PHASE -Not included .in this proposal
D. ~ .CONS TRUCTION OBSERVATION AND ADMINISTRATION OF
THE 'CONSTRUCTION CONTRAC'>C -Not included in this proposal
Joni L. Janecki & Associates, Inc.
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Mesiti-Miller E ~ .eering lnc.
Los Gatos Town Plaza & Street Improvements
March 30: 2001
E. ADDITIONAL SERVICES
1. The Landscape Architect shall consider the following items as
additional services. These services shall be pre-approved by
' ~ ~ ' M1VIE~ prior to commencement of work.. ~ ~ ~ .
a. :Providing planning surveys, oil. testing and laboratory results, .
site investigations or. taking measurement of existing..
. construction as required. for planning'additions. or alterations -
if adequate drawings are .not available.
b. ~ Revising :Construction documents and previously approved
. ~ : ~ Preliminary Design Documents to accomplish changes not
initiated by the~Landscape Archtect::This includes revisions.
for the purpose. of value engineering and addenda .after
. completion of.a sufficient portion of the: Construction
Document ,phase.
c. Assisting the Owner with' the~~Bidding Phase and completing
any Construction Observation and Administration services.. '
. d: Preparing. deductive or no-cost change orders Viand supporting
data.
e. Providing consultation concerning, replacement of any work
damaged by .fire or other cause during construction, 'and
furnishing professional services of the type which rnay~ be
required in connection with ;the replacement of such work.
f. .Providing professional.servicesmad~ necessary by the
- Contractor in the perforrnance :of the Construction Contract.
g, Providing consulting and engineering. services other than
Normal Consulting and Engineering services, and as otherwise
noted in this proposal:
• h. All significant changes to the AutoCAD~ base, .design or format
after substantial completion of the Preliminary Design phase
which result in repetition of.work by the. Landscape Architect
. will be considered additional service and billed at an .hourly
rate, as~pre~approved~ 6y the Owner:
i. All changes to.the design.as a~result of program or other .
revisions-after completion of the.Preliminary Desg}~:Phase
• ~ .will be eonsidered~ additional service and ~ billed at an hourly
. ~ rate, as approved by the Owner.
Joni L. Janecki & Associates; Inc. ~ - ~ 4
Mesiti-Mllle~ ~ ;ineering Inc.
Los Gatos Town Plaza & Street improvements
E.
ADMINISTRATION
March 30, 2001
.The Landscape Architect~shall maintain regular contact with the Owner
and other involved parties in the interest of coordinating information.
Prior to selecting and engaging with other consultants, the Landscape
Architect shall obtain approval -from the Owner.
The .owner shall provide the Landscape .Architect with computer disks ,
containing base .information including survey and elevations, utility lines,
and' any pertinent information relating to the project such as plans or
studies prepared by other consultants or agencies for purposes of
coordination. '
Termination of he~ Contract:
a.. Prompt notice of termination shall be provided, in writing, to the
Landscape. Architect. ~ ~ ~ .
b. If the contract is to be terminated or the Project is abandoned in any
stage of its development, the,Landscape Architect shall be enticed to
just and equitable compensation. for all services performed in the
. Owner's behalf up fo the .time of such notification.
c. Neither party shall assign nor transfer 'its respective interests herein to
a .third party without written consent of the other.
d. All questions in dispute under ahis contract shall be submitted. to .
arbitrations of the. choice of either party in accordance with the rules of
the American Arbitration Association. Judgment upon .any award
.rendered may be entered in .any court having jurisdiction.
e. Reports, Drawings and Specifications as instruments of service are the
property of~ he Landscape Architect, and are not to be used on. other
work except by written agreement with the :Landscape Architect.
Landscape Architects are regulated by the,State of California: Any '
questions concerning a Landscape Architect may be referred to the ~.
Landscape Architects Technical Com~nittee~ at:
' . ~ Landscape Architects Technical Committee
' ~ 400 R Street, Suite 4000 ~ .
' Sacramento; CA 95814
(916) 445-4954
5.0 ~ ~ FEE SCHEDULE '
A. .PROFESSIONAL .FEES: The fees for each phase .are based on a fixed
fee not to exceed the said amount. without prior approval by 1VIME..
Design Development Phase ~ _ . . $ b,500_ .
Schematic .Study for:Restrooni Option $ 1,500
Joni L. Janecki & Associates, Inc.
~• ~ . ~
Mesiti-Miller . oineering Inc. March 30, 2001
Los Gatos~Town Plaza & Street Improvements
Contract Document Phase $16,200 '
~ubtota ~ ~ ~ ' $?.4,2St~
. REIMBURSABLE COSTS: Specialty. consultants as pre-approved. by the
Owner, soil .testing and analysis recommendations, costs :for reproduction
' ~ of drawings, photo costs, photo-copying, long-distance 'telephone. calls,
postage,..travel costs;-and auto mileage at the rate of 34 cent per mile
(IRS- fate), and permit costs and'fees are not part of this proposal and.are .
• ~ ~ reimbursable to the Landscape Architect upon documentation, plus 10%, ~ .
Reimbursable cost allowance $ 1,200
(calculated at 5% of total :fee, .billed at cost plus 10% administration) .
TOTAL FEE: $25,400
SCHEDULE OF COMPLETIQN: The schedule shall.be an "Exhibit" of.
this Agreement. -The Landscape Architect shall. make, a reasonable effort .
~to meet the chedule; however, the Landscape Architect assumes no '
responsibility for delays beyond the Landscape Architect's conCrol (such:
as :Environmental approvals permitting, Agency reviews, Owner related'
•. issues). ~ ~ ~ .:
B:. ~ .PAYMENT: Billing shall be on a monthly basis, based on an hourly •
. accounting of tune. Terms: Net thirty• (30) days.
C. HOURLY FEE SCI~.EDULE:
Principal - '$125:00/hr, ~ '
. Landscape Architect ~ $95.00/hr. ~ ~ '.
Project Manager/Designer $85:00/hr. '
Draftsperson . ~ ...$65.00/hr. ~•
Clerical $45.00/hr. '
This~proposal is valid for forty-five'(45) days.' Acceptance of.this proposal, 6y
the Owner,. shall be indicated by signing below and returning the original
proposal to the office of Joni L. Janecki and Associates, Inc.
Respectfully submitted,
JONI~...~TANE(~+KI~.&~:SI~(TES, INC.
Joni L.. Janec'~ci, A .- Pr tent
Signature. of Approval:
~' ~ Authorized Representative .
o.prl,MIvIIvl.LosGatosTownPlaza (FD)
Date ' .
Joni L Janecki & Associates, Inc. ~ 6
March 30, 200.1
° EXHIBIT D
PROPOSAL FOR SERVICES BY THE LANDSCAPE ARCHITECT '
1.0 ~ INTRODUCTION
A:. The following' document is submitted to Mark Mesiti-Miller. as a proposal
to provide design services for the Los Gatos Town :Plaza-and adjacent
intersection of Santa Cruz. Avenue and Broadway located in. Los Gatos, '
California.
2.0 GENERAL INFORMATION
A. OWNER: Town of Los Gatos
Department of Public Works
' Larry Perlin, Director of Parks & Public Works
41 'Miles Avenue
Los Gatos, California
B. CIVIL :ENGINEER
• Mesiti-Miller Engineering Inc.
224 Walnut Avenue
Santa. Cruz; CA~'95060
. ~ {$31) 426-31$6 Phone .
(831) 426-6607 Fax .
C. LANDSCAPE ARCHITECT: '
Joni L. Janecki ~ .Associates, Inc.. .
303 Potrero Street, Suite 16
Santa Cruz, California 95060
{831) 423-6040 Phone
(831.) 423-6054 Fax '
D. PROJECT DESCRIPTION:
. The Landscape Architect shall provide Design Development and
Construction .Documents for the project identified in1.0A. The design
development is to be based on the previously development Master Plan
. ~ for the Town Plaza that liar been, approved by the Town. The .Design.
Development phase will also.~include schematic design. studies~for
incorporating restrooms .and storage into he existing bus shelter.
831.443.6040 FAX 831..443.6054 303 POTRERO STREET,SUITE 16 SANTA CRUZ, CACTFORNIA 95060
CA landscape Architect Ucenu 3163
)ONI L. JANECKI
sASSOCIATES, INC.