2002-012- Authorizing The Town Manager - Executive Director To Execute An Amendment To The Agreement With Mesiti - Miller Engineering To Provide Engineering Design Services In CoRESOLUTION 2002 -12
RESOLUTION OF THE'TOWN COUNCIL/REDEVELOPMENT AGENCY
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER/EXECUTIVEbIRECTOR
TO .EXECUTE AN AMENDMENT TO THE .AGREEMENT WITH
MESITI-MILLER ENGINEERING TO PROVIDE ENGINEERING DESIGN SERVICES Ilv
CONNECTION WITH THE NORTH .SANTA CRUZ STREETSCAPE
IMPROVEMENTS
WHEREAS, on May 17, 2001,. the Town of Los Gatos entered into an agreement
with Mesiti-Miller Engineering to provide engineering .design .services at a cost not to exceed
$57,700 in connection with the North Santa Cruz Streetscape Improvements.
WHEREAS, an Amendment to the Agreement is necessary for Consultant to
provide additional staff tune :regarding the Project Work Plan for the Streetscape Improvements
as outlined in the attached amendment.
.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/Executive Director 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 4th .day of February,
2002 by the following vote:
AYES: Steven Blanton, Sandy Decker, Steve Glickman, Joe Pirzynski,
Mayor Randy Attaway.
NAYS : None
ABSENT: None
.ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST°
CLERK ~OF THE TO OF LOS GATOS
LOS GA T OS, CALIFORNIA
( ~_:r FICE OF TTE T(~~,v~i :CLERK
:~GEt [J.~, ~~
-~---
AMENDMENT TO AGREEMENT lFIri
DRll
This AMENDMENT TO AGREEMENT is entered into tl~~C
_, 202_, by and between the Town of Los Gatos, State of Californian 13~r~in cal_'led "Town," and _
Mesiti-Miller Engineering herein called "Consultant."
RECITALS
A. Town and Mesiti-Miller Engineering entered into an agreement for engineering
consultant services on May 17, 2001 ":Agreement", a copy of which is attached hereto
as (Attachment 3) and incorporated herein by reference,
B, Town desires the consultant to provide additional design services for improvements to
the intersections of Bean Avenue, Nicholson Avenue, Village Lane, Royce Street, and
Almendra .Avenue with North Santa Cniz Avenue, replacement of sidewalks along
North Santa Cruz Avenue from Bean Avenue to Almendra Avenue, and improvements
to the intersections of College Avenue and University Avenue with East Main Street,.
AMENDMENT
1. The "Project Understanding" , "Scope of Proposed Services" ,and "Compensation"
section of Attachment 4 is :hereby amended to provide additional design services as
outlined in Attachments 2 and 3.
2. All other terms and conditions of the Agreement dated May 17, 2001 remain in full
force and effect.
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. Figone, Town Manager
[Mesiti-Miller Engineering, by;
(Signature)
Town of Los Gatos
(Print Name)
ATTEST:
Clerk of the Town of Los Gatos,
Los Gatos, California
Approved as to Form:
Marian V. Cosgrove,. Town Clerk
Orry P.-Korb, Town Attorney
Exhibit A
^o l /~
^^^ ~
o ^
M'ESIT1-MILLER ENGINEERING, INC.
Civil. and Structural Engineering
January 29, 2002.
John Curtis,. Director of Parks and Public Works
Town of Los Gatos
41 Miles Avenue
Los Gatos, CA 95031
Re: Santa Cruz. Avenue Streetscape Improvements
Request for Budget Increase No. 1
MME Project No: 102104
Town. Project. No: 01-08
Purpose: Design streetscape improvements for eve intersections along: Santa Cruz
Avenue and sidewalk replacement along Santa. Cruz Avenue
Dear Mr. Curtis,
We are: pleased to submit this Request for Budget Increase (RFBI) for the following
additional work. services in support of the above referenced project. Basically, the
additional work consists of the following;
• Design improvements to the following intersections:
^ Santa Cruz Avenue and Bean Avenue
^ Santa Cruz Avenue and Royce Street
^ Santa Cruz. Avenue. and Nicholson Avenue
^ Santa Cruz Avenue and Village (Pefticoat) Lane
^ Santa Cruz.Avenue. and Almendra Ave
o The scope of services for each individual intersection shall be identical to
the scope-of-service detailed in our original agreement.
o For this RFBI we have.: assumed the project limits for each intersection to
be 100 feet along. each street radiating from. the center of each
intersection. Actual design limits within. the 100-foot project limits will be
defined. during a field reconnaissance between Mesiti-Miller Engineering,
Inc. and a Town representative.
• Design sidewalk improvements for both sides of Santa. Cruz Ave. from. Bean
Avenue to Almendra. Avenue outside the project limits for each intersection as
noted above.
o The sidewalk is defined as hardscape between the back of curb and the
face of building or edge of .right-of-way, whichever is greatest.
Attachment 2
224 Walnut Avenue, Suite B Santa Cruz, CA 95060 Fax 426-6.607 • 83'1 426-3'1,6
Los Gatos Santa C~ Avenue Streetscape Improvements
'RFBI No: 1
MME Project No: 102104
Page 2 of 3
• For this proposal we have assumed that all sidewalk will be replaced
with new brick inlayed concrete conforming to the Town's Villa Hermosa
pattern.
• All tree wells, .utility boxes, signs and other visible facilities will remain in
place, adjusted to match final grade.
• Final grades will. match existing. The sidewalk drainage will be designed
to match existing grade and slope. Localized areas of uplifting will be
identified and corrected.
• The Town understands that some improvements may be located on
private property. This proposal does .not include time or expense
necessary for negotiating with private residence to construct sidewalk
improvements on their.property.
Baseline Land Surveyors (BLA) will perform all surveying services. Joni L.
Janecki and Associates, .Inc. (JLJA) will furnish all landscape architectural
services.
• Deliverable schedule will be as follows:
• 60% :Design Development drawings on April 8, 2002
90% Construction Documents on April 22, 2002
• 4'00% Construction Documents on .May 3, 2002.
• The above schedule assumes that the Town will review and provide
comments three days. after documents have been delivered.
The total fee needed to complete the additional services outlined above is $161,060..
This additional fee can be broken down as follows:
Mesiti-Miller Engineering, 'Inc. will provide civil engineering services and overail project
management services .($97.,760). Mesiti-Miller Engineering's design fee is divided as
follows:
• $88.,875 for the five intersections
• $8,885 for the sidewalk.
Joni Janecki and Associates will provide landscape architecture services ($38,55`0).
Joni Janecki and Associates design fee is divided as follows;
• $32,125 for the five intersections
• $.6,425 for the sidewalk
Baseline Land Surveyors will .provide the topographic and right-of-way survey
($24,750). Baseline Land Surveyors design fee is divided as follows:
• $18,125 for the five intersections
• $6,625 for the sidewalk
Los Gatos Santa Cruz ue Streetscape Improvements
RFBI' No: 1
MME Protect No: 102104
' Page 3 of 3
Our total fee is summarized below:.
Current Authorized Contract Amount: $ 57,700
Amount of RFBI Number 1: $ 161,060
Pending Contract Amount: $ 218,760
.All provisions of our original agreement are considered to be in fulP force and effect
with respect to these additional services. Please confirm your authorization to proceed
with these additional services by signing and returning, one copy of this letter.
Re ectfully yours;,
ark Mesiti-Miller _~
President
Cc: Two to addressee
One to contract file
Agreement
I' have read and fully understand this proposal' for additional engineering services.
agree. to all the foregoing terms and understand that the signing of this letter
constitutes formal agreement on my part, and' on behalf of all'the Town of Los Gatos.
Accepted By: Dater.
F;\Proposal\101116-1 _rfbi 1'_LosGatos, DOG
Feb O1 02 09:21a
o~
Mesiti Miller Eng 831 426 6607 p.2
~.
MESITI-:MILLER ENGINEERING, INC.
Civil and Struc#ural Engineering
February 1, 2002
John Curtis, Director of Parks and Public Works
Town of Los Gatos
41 'Miles Avenue
Los Gatos, CA 95031
Re: Santa Cruz Avenue Streetscape improvements
Request for Budget Increase No. 2
MME Project No: 102104
Town Project No: 01=08
Purpose: Design streetscape improvements along Main Street
Dear Mr. Curtis,
We are pleased to submit this `Request for Budget Increase (RFBI) for the following
additional work services in support of the above referenced project. Basically, the
additional work. consists of the following:
• Design improvements to the following intersections:
• Main Street and University Avenue
We shall provide design documents detailing the reconstruction of
sdwalk planter area in front of Los Gatos Roasting Company
including sidewalk bulbout, hardscaping and'landscaping.
• Main Street and Collage Avenue
• We shall provide design documents for the replacement and
realignment of approximately 50 feet of sidewalk., curb, and gutter.
• For this proposal we have assumed the following:
• The sidewalk is defined as hardscape between the back of curb and the
face-of building or edge of right-of-way,. whichever is greatest.
• .All sidewalk area will be replaced with Town standard PCC sidewalk.
• All tree wells, utility boxes, signs and other visible facilities will .remain in
place, adjusted to match final grade.
• Final grades will match existing. The sidewalk drainage wil! be designed
to match existing grade and slope. Localized areas of uplifting will be
identified and corrected.
224 Walnut Avenue, Suite B • Santa Cruz, CA 95060 • fax 4266607 • 831 426-3186
Attachment 3
Feb O1 02 09:21a Mesiti Miller Eng 831 42.6 6607
hos Gatos Santa CirUZ Avenue 3treetscape Improvemenb
RFB) No: 2
MME ProjecrNo: 102104
Page 2 of 2
Baseline Land Surveyors (BLA) will perform all surveying services. Joni L.
Janecki and Associates, Inc. (JLJA) will furnish all landscape architectural
services.
The total fee needed to complete the additional services outlined above is $15,000.
Phis additional fee can. be broken down. as follows;
Mesiti-Miller Engineering, Inc. will provide civil engineering services and overall project
management services ($10,000).
Joni Janecki and Associates will provide landscape architecture services ($3,000).
Baseline Land Surveyors will.. provide the topographic and right-of-way survey
($2,000}.
Our total fee is summarized below:.
CurrentAuthorized ContractAmount: $ 57,700
Amount of RFBI Number 1: $ 161,060
Amount of RFBI Number ~: $ 15,000
Pending Contract Amount: $ 233;760
All provisions of our original agreement are considered. to be in fulk force and effect.
with respect to these additional services,. Please confirm your authorization to proceed
with these additional services by signing and' returning one copy of this letter.
Re pectfulliy yours,.
Mark Mesiti-Miller
president
Cc; Two to addressee
One to contract file
Agreellnelnt
I have read and' fully understand this proposal for additional' engineering services. I
agree to all the foregoing. terms and understand that the signing of this letter
constitutes forrrral agreement on my part, and on behalf of all'the Town of Los Gatos.
Accepted By:
Date:
p.3
F:IProposa11102104_rfb12_LosGatos.DOC
JFFICE OF THE TO/~`YN CLERK
AGR_L9/ ~ ~~>y
AGREEMENT FOR ENNGINEERING CONSULTANT S'E~I~ICES ~ /, ~~ 1-______.
ORD
TH1S AGREEMENT is entered into thisf day of , 2001,
by and between the Town of Los Gatos.., State o Califiornia, herein the "Town , an ,, ,
MESITI-MILLER ENGINEERING, INC. engaged in providing cI '~~% ~-
consulting services herein called the "Consultant",
RECITALS
A. The Town is considering undertaking activities o CONSTRUCT VARIOUS
IMPROVEMENTS AT AND ADJACENT TO THE INTERSECTION OF BACHMAN
.AND SANTA CRUZ AVENUE AND THE'INTERS'ECTION OF GRAYS LANE AND
SANTA CRUZ AVENUE, EXTENDING DOWN GRAYS LANE TO UNIVERSITY
AVENUE.
B, The Town desires to engage a CIVIL ENGINEERING Consultant 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, TH'E PARTIES HERETO AGREE AS'FOLLOWS:
1. -Scope of Services., The Consultant shall provide the following services listed in the
"Proposal", dated 3/30/01, hereafter referred to as Exhibit A and incorporated
herein by reference.
2. Tune 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 3130101,
hereafter referred to as Exhibit B and incorporated herein by reference..
3. Compliance with Laws. The Consultant hall complywith all applicable laws., codes,
ordinances, .and regulations of governing federal, state and local laws. Consultant
represents and warrants to Town that it has-all licenses., permits, gwalifications and
approvals ofwhatsoever nature which are legally required for Consultantto practice
its profession. Consultant represents and warrants to Town that Consultant shad,
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.
N:\B&EILARRY\Grays Lane Design Agrmnt.wpd
Page 1 of 7
Attachment 4
4. Sole Responsibility. Consultant shall be responsible for employing or engaging all
persons necessary to perform. the services under this Agreement.
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 Consultanfi's services or at the Town's written request. All reports,.
information, data,. and exhibits. prepared or assembled by Consultant in connection
with the performance of its services pursuantto 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 ofi evaluating a
defined project, and Town's use of the information contained in the 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 itwill not appropriate any methodology or technique of Consultant which isand
has. been confirmed in writing. by Consultant to be a trade secret of Consultant.
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 1126/01, hereafter 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 for their services will
be approximately $57,700 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 ofthe 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.
All' invoices and statements to the. Towne. shall reference fhe Town's. purchase order
numberand be addressed as follows;
Invoices:
Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655.
Los Gatos, CA 950:31
Statements:
Town of Los Gatos.
Attn: Finance Department
P.O. Box 655
Los Gatos, CA 95031
Availability ofRecords. Consultant shall maintain fihe records supporting,fhis billing
for not less than three years following completion of the work under this Agreement.
Consultant. shall make these records available to authorized personnel of the Town
at the Consultant's offices during business hours uponwritten request ofthe Town.
Page 2 of 7
8. Project Manager. The Project Manager for the Consultant for the work under this
Agreement hall be Mark Mesti-Miller.
9. Assignabilit and Subcontracfinq. The services to be performed under this
Agreement are unique and,personai tothe Consultant. No portion of these services
shall be assigned or subcontracted- without the written consent of the Town except
as follows:
The Town consents to Consultant subcontracting Joni L. Janecki and Associates..,
Inc. (JLJA) for Landscape Architectural services as outlined in JLJA's "Proposal
for Services by the Landscape Architect", dated 3/12/01, hereafter referred to
as Exhibit D and incorporated herein by reference.
The Town consents to Consultant subcontracting RBF Consultants,-Inc, to perform
land surveying services as proposed in Exhibit A.
10. 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: To Consultant:
'Director of .Parks & Publlic Works Mark'Mesiti-Miller
Town of Los Gatos Mesiti-Miller Engineering, Inc.
P.O. Box 949 224 Walnut Avenue, Suite B
Los Gatos, CA 95031 Santa Cruz, CA 95060
or personally delivered to Consultant to such address or such other address as
Consultant designates in writing to Town.
11. 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 an 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.
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 any individual member of the Staff or management of the Town or its
representatives nor shall it enter into any such holdings or agreements. In addition,
Consultant warrants that it does not presently and shall not .acquire any direct or
Page 3 of 7
indirect interest adverse to those of the Town in the subject of this Agreement, and
itshalf immediately disassociate itself from such an interest should it discover it has
done so and shall, 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 employ a person having such an interest in this performance of this.
Agreement. If after employment of a person., Consultant discovers ithas-employed
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
relationship, and shall,: at the Town's sole discretion, sever any such employment
relationship.
13. Equal Employment Opportunity. Consultant warrantsthat it is an equal opportunity
employer and shall comply with applicable regulations governing 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'. qualificafion 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,; Generale Liability insurance policies insuring him/her and
his/her firm to an amount note less than:. one million dollars
($1,000,.000) combined'. single limit per occurrence for bodily injury,
personal. injury and property damage.
ii. Consultant agrees to have and .maintain.. for the duration of the
contract,. an Automobile Liability insurance policy ensuring him7her
and his/her staff to an amount. not less than one million dollars
($1.,000,:00.0) combined single- limit per accident for bodily-injury and
property damage.:
iii... Consultant shall provide to the Town all certificates of insurance, with
originaF endorsements effecting coverage. Consultant agrees that all
certificates and endorsements ace 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',000,000 which is sufficient to insure Consultant for professional
errors or omissions in the performance of the. particular scope of work
under this agreement.
B. Generale Liability:
The Town, its offiicers, 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
Page 4 of 7
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. Any failure 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. A11 Coverages: Each insurance policy required in this item shall be endorsed
to state that coverage hall not be suspended., voided, cancelled.., reduced
in coverage or in limits except after thirty (30) days' prior written notice by
certified mail, return receipt requested, has been given to the Town.. Current
certification of such insurance shall be kept on file at all times during the term
of this .agreement with the Town Clerk.
D. Ln 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 all. 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 ail 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 from all damages,
liabilities, penalties, costs, or expenses in law or equity that may at any time arise
or be setup because of damages to 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.
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
consfitute a continuing waiver of a subsequent breach of the same or any other
provision of this Agreement.
Page 5 of 7
17. Governing Law. Phis 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. Thee 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 oftermination. 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 of such termination, Town shall .pay Consultant an amount
that bears the same ratio to the maximum contract price as the work delivered to the
Town bears to completed services contemplated under this Agreement pursuant to
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 termihation, or amendment of this
Agreement is effiectiwe 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 b~e entitled to reasonable attorney's fees, including costs of appeal.
21. Entire Agreement. This Agreement; including Exhibits. attached hereto, constitutes
fhe complete and exclusive statement. of the Agreement between the. Town and
Consultant. No terms,. conditions, undeestandings 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 1NITNE`SS 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. I igo e,, Town Manager
Approved as to form:
" 'r.
Or orb,. Town Attorney
Consultant, by:
Mark Mesiti-Miller
President
Mesiti-Miller Engineering,, .Inc.
Attest:
~.
Ma 'a ' g we, own Cle
Page 7 of~ 7
Exhibit A
Proposal
Project Understanding
Meslti-Miller Engineering, Inc.
Exhibit A • Proposal for Bachman -Grays
MME Project No: 101.1'16
March 30, 2001.
Page 1 of 4
This project basicaily consists of roadway, sidewalk, and landscaping improvements at
and adjacent to the intersection. of Bachman and. Santa Cruz Avenue and the
intersection of Grays Lane and Santa. Cruz Avenue. We will extend the improvements
along: Grays Lane down to University Avenue. The scope of the improvements.to be
constructed is as generally outlined in the attached Schedule of Proposed
Improvements identified as Exhibit One.
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 furnished by RBF Consulting. (RBF). All.
landscape architectural services will be furnished. by our subconsultant, Jonl L.
Janecki and Associates, Inc.. (JLJA). Our work. will be cornpPeted in several phases. A
brief summary of the services we intend to provide: during., each phase follows.
Phase One,: Design Development will generally begin. with preparing preliminary
calculations and drawings, meeting with the Town and other members of the project
design team. as needed,. finalizing the details of the design,. and an evaluation of the
civil engineering impacts. of the configuration developed for this project. Development
of the civil system will include analysis and preparation of preliminary engineering
calculations, drawings and outline specifications. The. end result.. of our efforts during
this phase will be to prepare a set of civil. drawings including plans, cross sections and
details showing the typicalconfiguration and details of the proposed improvements.
These drawings will be about 50% complete when compared to the finale. drawings.
Once the civil configuration has been approved, we wilt begin the final civil. design.
Phase Two, Construction Documents will: basically consist.. of completing our
engineering analysis, preparing the final'. calculations, drawings, and specifications and
coordinating. the civil design with the landscape architectural designs.
Scope of Proposed Services
The scope of our services is based on a review of existing as-built drawings,
preliminary drawings prepared' by VUilldan in the spring of 2000, observations made
during a visit. to the sites,.. and discussions with you. Based on this information, we
intend to provide the following basic services:
Mesitl-Miller Engineering, Inc.
Exhibit A -Proposal for Bachman -Grays
MME Protect No: 101116
March 30, 2001
Page 2 of 4
Phase One -Design Development
1. Prepare this project understanding, scope of services and estimate of fees.
2. 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
Two. Authorize JLJA to proceed with the design development phase services.
3. Subcontract with RBF to perform a topographic and utility survey within and
around the project site. Authorize ~RBF to proceed with survey phase of
services. Review the previously prepared schematic drawings in an effort to
identify any conflicts between.the various disciplines.
4. Study and advise on selection of basic systems and materials suitable to the
project..
5. Attend .one meeting with the Town and other members of the design team to
review and discuss the furnished schematic .drawings and to resolve any
identified conflicts between the various disciplines.
6. 'Participate in telecons and otherwise 'liaison with their Town .and members of
the design team as maybe required to accomplish the tasks identified during
this phase.
7. Develop the .design of the selected civil systems,
8. Prepare preliminary civil calculations for earthwork and paving volumes, storm
drainage systems, .and other portions of the civil site improvements.
9. Prepare and deliver one set of design development (DD) progress drawings
defining the civil site landscape improvements. DD drawings will be about 50%
complete when compared. to the final drawings. DD drawings will include;
a) Site layout plans showing relationship of major elements, to scale
b) Site drainage plan with inlet, outlet, prelim pipe sizes and lengths
c) Typical site cross sections
d) Utility layout plan (water, sewer, electric, gas, telephone, etc.)
e) Site plan horizontal and verkical control information
f) Planting and irrigation plans
10. Prepare .and deliver outline specifications in the Town's format.
11. Prepare and deliver an opinion of probable construction costs for the project
represented by our drawings and specifications. ,
12. Provide project administration services. as required to perform these tasks.
Mesiti-Miller Engineering, Inc..
Exhibit A -Proposal for Bachman -Grays
MME Project No: 10111.6
March 30, 2001
Page 3 of 4
Phase Two -Construction Documents.
1. Authorize JLJA to proceed' with the construction document phase services
outlined in their previously referenced proposal to us.
2. Attend one 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 other meetings,. participate in telecons and otherwise liaison with the
Towne and members of the design 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 finale. construction drawings sufficiently detailed for use in
competitive 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% level 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 competitive
bidding and for guidance of a qualified, experienced' contractor during
construction.
8. Assist in obtaining. approval of the project by the Town by responding to one set
of plan check comments..
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..
Additional 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.
Mesitf=Miller Engineering, Inc.
Exhibit A • Proposal for Eachman -Grays
MME Project No: 101116
March 30, 2001
Page 4 of 4
Subimittals
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\?011161osgatos_exa_bach man_grays:doc
Exhibi# One
Schedule of Proposed Improvements for
Grays Lane and Bachman Avenue.
Item
Mobilization. Unit
LS Grays Lane
Quantity
1 Bachman Avenue
Quantity
1
Traffic Control LS 1 1
Sidewalk Demo ~ SF 1,400 3,042
Tree Prep /Planting /Root Barrier /Tree Grate EA 4 1
Tree Grate Only EA 2 4
AC Street. Pavement to be removed & reconstructed' SF 1,640 9,550
Reconstruct PCC street w/ AC Paving SF 9,180 0
Adjust. Storm and' Sanitary Manholes EA 2 3
Adjust Valve Covers EA 4 Z
Adjust Telephone Manholes EA 0 1
Adjust utility vaults EA 2 0
Move five hydrant EA 1 0
Storm Manhole EA 2 1
Storm Curb Inlet. Catch Basin EA ~ 3 7
Area Drain EA 0 2
8" PVC. Storm Drain Pipe l.F 0 43
18" PVC Storm Drain Pipe LF 315 222
48" RCP Storm. Drain Pipe LF 0 354
Striping. LS 1 1
Signing EA 13 6
PCC Sidewalk (Villa Hermosa brick pattern) SF 1,100. 4,540
PCC Sidewalk (regular) SF 923 0
PCC Curb & Gutter LF 908 409
PCC Disabled Ramps EA 2 0
Bollards EA 1'1 14
Benches EA ' 3 5
Garbage Cans EA 3 3
Streetlights EA 3 5
Mesiti-Miiler Engineering, Inc.
Project. No. 1-011'16 .
March 15; 2001
Exhibit B
Schedule of Perforlmance
3/30/01
Milestone Event
Town's authorization to proceed
Receive survey information
Review current info, prep AutoCAD base dwgs, and begin design
Deliver design development drawings to Town
Town review of DD dwgs
Begin Construction Documents
'Deliver 90% complete CDs
Town review of 90% CDs
Deliver 100% complete CDs
Completion Date
Week 0
Week 3
Vl/eek 4
Week 10
Week 11
Week 12
Week 16
'Week 17
Week 19
Mesiti-Miller Engineering, Inc._
Town of Los Gatos, Grays Lane and Bachman Street Improvements - MME No.: 101116
Exhibit "B" -Schedule of Performance
Page 1 of 1
°°°
°~ °~ MESITL-MILLER ENGINEERING, INC.
Civil and Structural Engineering
Exfii'bit 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 70 /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
Minimum Charge ~ $250.00
f: Un i scab i (l ra te. d oc
'7d 1N~1'nu# Avenuo 4'nito R . 4~n#~ l`_ru~ re a~nan . F~v d~a_aan~ f~4• A7R_4~I f~C
March 12, 2001
EXHLBIT D
PROPOSAL FOR SERVICE'S BY THE LANDSCAPE ARCHITECT
1.0 .INTRODUCTION
.-~. The following document is submitted to .Murk Mesiti-Miller as a proposal
to provide design services for the Landscape improvements at and
adjacent to the intersection of Bachman :and Santa. Cruz Avenue and
Grays Lane in Los .Gatos, California.
2.0 GENERAL INFORMATION
.~. OWNER; Town of Los Gatos
Department of Public Works
Larry Perlin, Director of Parks and Public Works
41 Miles Avenue
Los Gatos, California
B. CIVIL .ENGINEER
Mesiti-Miller Engineering Inc.
224 Walnut Avenue
Santa Cruz, CA 95060
(831) 42fi-3186 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 rPhone
(831,) 423-6054 Fax
D. PROJECT DESCRIPTION;
The Landscape Architect shall provide .Landscape Design Development
and Construction Documents for the project identified in1.0A. The design
development is to be based on. the :roadway improvements proposed by
Mesiti-Miller Engineering Inc. and comply with the Design Standards
adopted by the Town, typical for their downtown area. The Design
Development phase will include locations and design. of planters and
proposed plant material.
N31.a23.6040 FAX $31,J43.6051 303 POTRERO STREET, SVITE 16 SANTA CRVZ, CALIFUKNIA 95060
~i~ l.mdswpe iUchtlM Uccnu S7AS
IONI L. IANECKI
aASSOCIATES, ING
Mesiti-Miller, eying Inc. March /2, 2001
13achmanlSanta Cru2 & Gray Lane~Streetscape Improvements
3.0 SCOPE OF SERVICES
A. DESIGN DEVELOPMENT PHASE
1. The Landscape Architect shall attend one (1) kick-off meeting
with the Owner's Representative to confirm the project goals and
objectives of the site design.
2. The Landscape Architect shall review the sidewalk,. road,. and curb
realignment proposed. by the Civil Engineer and develop a plan for
landscape improvements which will include plants, lighting,.
paving patterns, planters, and other site design elements. The
Landscape Architect. shall' coordinate this work with the Civil
Engineer:
3. ~ The Landscape Architect shall present the Design Development
plan. to the Owner and other design team members for review,
comment, and' coordination.
4. Review and comment on a prelirninary construction cost estimate
' . prepared by MME.
5. Thisphase includes time for one (1) meeting with the Owner and
other members of the design team to review and discuss the
design.. Additional meetings with the Owner 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 PHA5E
1. Upon. receipt of authorization from MME to proceed', the
Landscape Architect. shall. prepare the construction documents,
including Working Drawings: and Specifications setting forth in
detail the. requirements for the construction of the project.
2. The Landscape Architect shall.complete planting plans and details
for all areas to receive l'and'scaping. The planting plan shall
include sizes, location, spacing. and extent of individual materials.
3. The Landscape Architect shall'. design an automatic irrigation
system to coordinate with the planting plans for areas within the
project boundary and which comply with thee. Town's Standards.
4: The Landscape Architect shall complete construction and layout
plans including decorative paving and raised planters. Sidewalks
without decorative, paving. shall be included in the Civil
Engineer's scope of service.
Joni L Janecki & Associates,, Inc. 2
Mesiti-Miller t veering loc. ( March 12, 2001
Bachman/Santa c.'ruz & Gray Lane Streetscape Improvements
5. The Landscape Architect shall Locate in plan, specify, and detail
site amenities (freestanding .planters, benches, light fixtures,
bicycle racks, trash receptacles, etc.).
6. The .Landscape Architect shah provide the Civil Engineer with.
three (3) sets of plans and specifications at 50%, 90% and 100%
completion.
7. The :Landscape Architect shall prepare a preliminary estunate of
probable cost based upon the i00% Construction Documents.
8. This phase .includes time for one (1) ,meeting with the Owner and
other members of the design team to review and discuss tiie
. design. Additional .meetings will be billed'on an hourly basis as
requested by the Owner. (Refer to Item 5.0 Fee Schedule for
houily rates).
C. .BIDDING PHASE -Not included in the proposal..
D. CONSTRUCTION OBSERVATION AND ADMINISTRATION OF
THE CONSTRUCTION CONTRACT -Not included in the proposal.
E. ADDITIONAL SERVICES
1. The Landscape Architect. shall consider the following items as
additional services. These services shall be pre-approved by
MME prior'~to commencement of work.
a. Providing planning surveys, soil 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 Architect. This includes revisions
for the purpose of value engineering and addenda after
completiotr of a sufficient portion of the Construction
Document phase.
c. Assisting the Owner with Bidding Phase and Construction .
Observation and Administration Services.
d. Preparing deductive or no-cost change orders and supporting
data.
e. Providing consultation concerning replacement.of any work
.damaged by fire or other cause during construction, and
Joni L. Janecki & Associates, loc.
~uesiti-~Niller 1 ring Inc. ~ ~uarch 12, 2001
Bachman/Santa c,'ruz & Gray Lane Slreetscape Improvements
furnishing professional services of the type which may be
required in connection with the replacement of such. work.
f. Providing professional services made necessary by the
Contractor in the performance of the Construction Contract.
g. Providing consulting and engineering. services. other than
Normal' Consulting and Engineering. services, and as.otherwise
noted in thin 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 by the Owner.
i. All changes' to the design as a result of program or other
revisions after completion of the Preliminary Design. Phase
will' be considered additional service. and billed at an hourly
rate, as approved by the~Owner.
4.0 ADMINISTRATION'
A. .The Landscape Architect shall maintain regular contact with the Owner
and' other involved parties in the interest of coordinating information.
B. Prior to selecting and' engaging with other consultants,. the Landscape
Architect shall. obtain approval from the Owner.
C. The owner shall provide the Landscape Architect with computer disks.
containing base information including survey and elevations, utility lines,
and any pertinent information relating ao the project such as plans or
studies prepared, by other consultants or agencies for purposes. of
coordination...
D. Termination. of the 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 entitled to
just. and equitable compensation for all services performed in the
Owner's behalf up to the time of such notification.. ~ .
c. Neither party shall assign nor. transfer ts'respective interests. herein to
a.third party without written consent.of the other.
d. All' questions in dispute under this•contract shall. be submitted to
.arbitration at the choice of either party in accordance with the rules of
Joni 1.. Janeeki & Associates,. Inc. 4
Mesiti-Miller ~ veering Inc. ~ ,March /2, .2001
Bachman/Santa ~`rui & Gray Lane Streetscape lmprcrvements
the American Arbitration .Association. Judgment upon any award
rendered maybe entered in any court having jurisdiction.
e. Reports, Drawings and Specifications as instruments of service are the
property of the Landscape Architect, and are not to be used on other
work except~by written agreement with the Landscape Architect.
E. Landscape-Architects are rregulated by the State of California. Any
questions concerning a Landscape Architect may be referred to the
Landscape Architects Technical Committee aE:
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 time and
materials not to exceed the said amount without prior approval by MME.
Design Development Phase $ 2,650
Contract Document Phase ~ $ 9,420
Subtotal $.12,070
REIMBURSABLE COSTS: .Specialty consultants aspre-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 rate), 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 ~ $ 600
(calculated at 5% of total .fee, billed at cost plus 10% administration)
TOTAL FEE:
$12,670
SCHEDULE OF COMPLETION: The schedule shall bean "Exhibit" of this
Agreement. The Landscape Architect shall make a reasonable effort to .:meet the
schedule; however, the Landscape Architect assumes no .responsibility for delays
beyond the Landscape~Architect's control (such as Environmental approvals
. permitting; Agency reviews, Owner related issues). '
B. PAYMENT: Billing shall be on a monthly basis, based on hourly
accounting of time. Terms: Net thirty (30) days.
Joni L. Janecki & Associates,. Inc.
Mesiti-Miller ~ Bring lnc. March. l2, 2001
I3achman/Santa rr~z & Gray Lane Streetscape Improvements
C. HOURLY FEE SCHEDULE:
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-Yive (4S) days., Acceptance of thin proposal, by
the Owner, shall be indicated by signing below and mailing the original' proposal.
to the. office of Toni L. Janecki and Associates, Inc.
Respectfully submitte
J~ dANE SS~AT'ES, INC..
i i ~.
'~oni Jan ', ASLA
Presi •
Signature of Approval:
Authorized' Representative Date
o. prl.MIvIIvl.LosGatosRoadimprovements, (FD)
Joni L. Jdnecki & Associates; lnc. 6
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