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17 Staff Report - Downtown Beautification ImprovementsDATE: TO: MEETING DATE: 05/07/01 ITEM NO. COUNCIL/AG ENCY AGENDA REPORT APRIL 26, 2001 MAYOR AND TOWN COUNCIL/ CHAIR AND MEMBERS OF THE REDEVELOPly1,ENT AGENCY FROM: TOWN MANAGER/EXECUTIVE DIRECTOR SUBJECT: DOWNTOWN BEAUTIFICATION IMPROVEMENTS ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER/EXECUTIVE DIRECTOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MESITI-MILLER ENGINEERING, INC. TO PERFORM DESIGN ENGINEERING SERVICES IN CONNECTION WITH THE SANTA CRUZ AVENUE/BACHMAN AVENUE INTERSECTION AND GRAYS LANE IMPROVEMENT PROJECTS FOR AN AMOUNT NOT TO EXCEED $57,700. RECOMMENDATION: Adopt Resolution authorizing the Town Manager/Executive Director to execute a Professional Services Agreement with Mesiti-Miller Engineering, Inc. to perform design engineering services in connection with the Santa Cruz Avenue/Bachman Avenue Intersection and Grays Lane Improvement Projects for an amount not to exceed $57,700. BACKGROUND: In 1996 the Council/Agency approved the Downtown Streetscape Master Plan developed by Landscape Architect Paul Rodrigues of Santa Cruz. The initial implementation phase of the plan occurred in 1997 along the south end of North Santa Cruz Avenue between Main Street and Bean Avenue. The plan envisions new sidewalks using what is referred to as a "Villa Hermosa" style, choked -down intersections to slow traffic and make it easier for pedestrians to cross Santa Cruz Ave., new raised planter boxes with street trees, new lighting fixtures at crosswalk locations, and new street furniture such as benches, trash receptacles and bollards. PREPARED BY: LARRY I. PERLIN LES WHITE Interim Town Engin er Interim Director of Parks & Public Works Reviewed by: Attorney Reformatted: 7/14/99 inance Revised: 5/3/01 4:01 pm N:\B&E\CNCLRPTS\Downtown Streetscape Design.wpd PAGE 2 MAYOR AND TOWN COUNCIL/ CHAIR AND MEMBERS OF THE REDEVELOPMENT AGENCY SUBJECT: DOWNTOWN BEAUTIFICATION IMPROVEMENTS April 26, 2001 On June 5, 2000, the Council/Agency approved a list of capital projects with recommended funding levels that it intends to complete over the remaining 32 year life of the Central Los Gatos Redevelopment Project. Included in this list was $2.25 million identified for Downtown Beautification Improvements that is comprised of the following five projects: • Santa Cruz Avenue/Bachman Avenue Intersection Improvements • Grays Lane Improvements • Town Plaza Renovation • Main Street/University Avenue Intersection Improvements • Santa Cruz Avenue/Wood Road Traffic Circle The total funding for all of the projects on the approved list ($18 million present value) was based on the estimated revenue that would flow to the Redevelopment Agency through the remainder of its existence. On September 11, 2000, staff reported that the $18 million revenue estimate was recalculated and increased to $25.2 million as a result of revised assessed valuation figures received from the County Assessor's Office. Finally, on November 6, 2000, the Council/Agency accepted staff's recommendation that the Downtown Beautification Improvements be the next project scheduled for implementation, specifically those elements of the project that are closer to design completion. Among these are the Town Plaza Renovation, the Santa Cruz Avenue/Bachman Avenue Intersection Improvements, and the Grays Lane Improvements. DISCUSSION: This report presents staff's recommendations for proceeding with the final design of the Santa Cruz Avenue/Bachman Avenue Intersection and Grays Lane Improvement Projects. Given the similar nature of both projects and their close proximity to one another, staff recommends that the two projects be consolidated into a single project, the scope of which would include the following: Grays Lane - • Reconfiguration to a one-way (westerly) street at Santa Cruz Ave. • Wider sidewalks between Santa Cruz Ave. and Parking Lot 4 to meet ADA accessability standards • Pavement reconstruction and repairs between Santa Cruz Ave. and University Ave. Santa Cruz Ave./Bachman Ave. Intersection - • Installation of new curbs, planters, crosswalks and landscaping • Elimination of the eastbound right turn lane to better align Bachman Ave. on both sides of Santa Cruz Ave. • Installation of a 4-way stop • Installation of pavement and storm drainage improvements to accommodate the intersection modifications • Relocation of the bus stop on the west side of Santa Cruz Ave. further south n PAGE 3 MAYOR AND TOWN COUNCIL/ CHAIR AND MEMBERS OF THE REDEVELOPMENT AGENCY SUBJECT: DOWNTOWN BEAUTIFICATION IMPROVEMENTS April 26, 2001 Staff considered two firms to complete the final design of the consolidated project because of both firms' involvement in preliminary design activities performed to date. Eventually, staff selected the firm of Mesiti-Miller Engineering, Inc. of Santa Cruz to complete the final design of the project. This firm was chosen because of its exceptional design talents demonstrated on similar projects that staff has successfully completed with them; the first-hand knowledge of both projects that key staff members of the firm have; the strength of the design team assembled for the project, particularly the landscape architect; and the relationship that the firm has with Paul Rodrigues, allowing for his guidance to be sought during the final design process. Based on a review of the Downtown Streetscape Master Plan and preliminary design work done to date, staff has negotiated a scope of services and compensation with Mesiti-Miller Engineering, Inc. to complete the final design of the project. The proposed agreement contemplates that the final design would be completed in two phases, a Design Development Phase and a Construction Documents Phase that would last for approximately 19 weeks. The Design Development Phase would advance the final design to approximately 50% completion at the end of roughly 12 weeks. During this phase of the design process, staff proposes forming a working group comprised of representatives from the Town's Parks and Planning Commissions, as well as the Chamber of Commerce and downtown business community, to interface with staff during the design process. The members of the working group would assist staff in identifying and resolving critical design issues and concerns early on, reviewing and commenting on the design, and communicating on the design development with each of their respective boards and commissions. The Construction Documents Phase would then complete the final design and result in the preparation of plans, specifications and cost estimates suitable to bid the project for construction. During this phase, staff would continue coordinating with the working group to review the final design to ensure that all comments and concerns are addressed, and with the Council/Agency who would ultimately approve the final design and authorize advertising the project for construction bids. The proposed agreement has been reviewed and approved by the Town Attorney. Thus, if the Council/Agency is satisfied with the selection of Mesiti-Miller Engineering, Inc. to complete the final design, the scope of services defined in the agreement, and with the not -to -exceed compensation amount of $57,700, then it may approve the agreement by adopting the attached Resolution. If this occurs, then work on the project would proceed immediately. The Design Development Phase would then be complete around the end of July, and the final design complete in mid to late September. Beyond then, the project could be bid and a construction contract awarded as early as next January, after the 2001 holiday season. Under this scenario, construction would occur between winter and early summer which should minimize construction related problems for the downtown merchants. Nevertheless, construction coordination issues and phasing opportunities will be explored during the design process to mitigate conflicts with parking and traffic circulation during construction to the maximum extent practicable. PAGE 4 MAYOR AND TOWN COUNCIL/ CHAIR AND MEMBERS OF THE REDEVELOPMENT AGENCY SUBJECT: DOWNTOWN BEAUTIFICATION IMPROVEMENTS April26, 2001 CONCLUSION: The Downtown Streetscape Improvements, coupled with the renovation of the Town Plaza, represent significant achievements for the Town's Redevelopment Agency and another milestone in the recovery of the downtown after the Loma Prieta earthquake. As such, it is recommended that the Agency adopt the attached Resolution authorizing the Town Manager/Executive Director to execute a Professional Services Agreement with Mesiti-Miller Engineering, Inc. to perform design engineering services in connection with the Santa Cruz Avenue/Bachman Avenue Intersection and Grays Lane Improvements for an amount not to exceed $57,700. ENVIRONMENTAL ASSESSMENT: The project is Categorically Exempt pursuant to Sections 153 01(c) and 15304(b) of the State CEQA Guidelines. FISCAL IMPACT: The adopted Capital Improvement Program for the Agency includes $500,000 for Storm Drain System Improvements. The construction of that project is now complete and staff estimates that the final construction cost will run approximately $400,000. As such, it is possible to use the savings from the storm drain project to fund the design fees for the Downtown Beautification Improvements contemplated in the proposed agreement. Funding for the construction of the project will be considered by the Council/Agency during the upcoming hearings on the proposed budget and CIP for FY 01-02. Attachments: 1. Portion of Downtown Streetscape Master Plan. 2. Resolution approving Professional Services Agreement. Distribution: Parks Commission Planning Commission Chamber of Commerce • &W.rj4 lb OM; • We►Y NW -ar • WtGsti +ir)6044 3' 'S ca.triaw ADA Au A FelWIRMErif4 Tv P U*1f 6A04.6 • 6 -No fAxpitib *{ + as �IC�►�t's : LAtie AT TACHMENT 1 C� w r?AGNJMAN A�1E. its'[" ., 4t oN • EArAND ca-e* kr Gfr4+WALle* A+ +How$• * re kO I ;NWT' TORN t Edw. s t of or 4MAN. • Ailtritff ?o AU`N cfakrriEttANIE of bike-w MA N. GHaNt 1NT -P4EZ f 1Q 4 "ffl .1'•WAY divir. • MOVE a.* 'for. i GReN•WAt,a . •any arA NO MD •WWAMann N(PM I Ut • MILDIMI• o.- jug. UHe ala.a VALK.. _ 41r.1a G/Jt "O. �J _ n rt164 w �i ar R�ILNWIs Tiara. a<•t+Na R WIM4a I I I11111111111111111 • rl-at1 1IE'4 CORNER DETAIL —J SC/i" conceptual design for central business district improvements TOWN OF LOS GATOS redevelopment agency PAUL ROD� RESOLUTION NO. RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS APPROVING AN AGREEMENT FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE DESIGN OF THE SANTA CRUZ AVENUEBACHMAN AVENUE INTERSECTION AND GRAYS LANE IMPROVEMENTS WHEREAS, on June 5, 2000, the Town Council/Redevelopment Agency of the Town of Los Gatos approved a list of capital projects for implementation that includes Downtown Beautification Improvements; and WHEREAS, on November 6, 2000, the Council/Agency determined that the Downtown Beautification Improvements should be the next priority project scheduled for implementation; and WHEREAS, among the elements of the Downtown Beautification Improvements are the Santa Cruz Avenue/Bachman Avenue Intersection and Grays Lane Improvements; and WHEREAS, Council/Agency staff has recommended proceeding with the final design of the Santa Cruz Avenue/Bachman Avenue Intersection and Grays Lane Improvements; and WHEREAS, it is necessary for the Council/Agency to secure professional engineering assistance to complete the final design of the Santa Cruz Avenue/Bachman Avenue Intersection and Grays Lane Improvements; and WHEREAS, the Council/Agency has selected the firm of Mesiti-Miller Engineering, Inc. to provide the necessary professional engineering assistance to complete the final design of the Santa Cruz Avenue/Bachman Avenue Intersection and Grays Lane Improvements. NOW, THEREFORE, IT IS RESOLVED that the Town Council/Redevelopment Agency of the Town of Los Gatos hereby approves the attached Agreement for Professional Services with Mesiti-Miller Engineering, Inc. to complete the final design of the Santa Cruz Avenue/Bachman Avenue Intersection and Grays Lane Improvements. BE IT FURTHER RESOLVED that the Town Manager/Executive Director is hereby authorized and directed to execute said agreement on behalf of the Council/Agency. ATTACHMENT 2.., f PASSED and ADOPTED at a regular meeting of the Town Council/Redevelopment Agency of the Town of Los Gatos held on the 7`h day of May, 2001, by the following vote: AYES: NOES: ABSENT: ABSTAIN: SIGNED: MAYOR/CHAIR OF THE REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK/SECRETARY OF THE REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA AGREEMENT FOR ENGINEERING CONSULTANT SERVICES THIS AGREEMENT is entered into this day of , 2001, by and between the Town of Los Gatos, State of California, herein called the "Town", and MESITI-MILLER ENGINEERING, INC. engaged in providing CIVIL ENGINEERING consulting services herein called the "Consultant". RECITALS The Town is considering undertaking activities to CONSTRUCT VARIOUS IMPROVEMENTS AT AND ADJACENT TO THE INTERSECTION OF BACHMAN AND SANTA CRUZ AVENUE AND THE INTERSECTION 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, THE 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. 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 Consultant shall comply with 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, qualifications and approvals of whatsoever nature which are legally required for Consultant to 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. N:1B&E\LARRY\Grays Lane Design Agrmnt.wpd Page 1 of 7 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 Consultant'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 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 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 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, 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 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. 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 7 Availability of Records. Consultant shall maintain the records supporting this 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 upon written request of the Town. Page 2 of 7 8. Project Manager. The Project Manager for the Consultant for the work under this Agreement shall be Mark Mesiti-Miller. 9. Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the 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: Director of Parks & Publlic 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. 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 it shall 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 it has 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 warrants that 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 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. ii. 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 $1,000,000 which is sufficient to insure Consultant for professional errors or omissions in the performance of the particular scope of work under this agreement. B. 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 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 or self -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. 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 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. 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 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 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 from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up 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 constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement. Page 5 of 7 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 Tess 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 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 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 attached hereto, constitutes the complete and exclusive statement of the 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: Consultant, by: Debra J. Figone, Town Manager Approved as to form: Orry P. Korb, Town Attorney Attest: Marian V. Cosgrove, Town Clerk Mark Mesiti-Miller President Mesiti-Miller Engineering, Inc. Page 7 of 7 Mesiti-Miller Engineering, Inc. Exhibit A - Proposal for Bachman — Grays MME Project No: 101116 March 30, 2001 Page 1 of 4 Exhibit A Proposal Project Understanding This project basically 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, Joni L. Janecki and Associates, Inc. (JLJA). Our work will be completed 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 typical configuration and details of the proposed improvements. These drawings will be about 50% complete when compared to the final drawings. Once the civil configuration has been approved, we will 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 Willdan 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: Mesiti-Miller Engineering, Inc. Exhibit A - Proposal for Bachman - Grays MME Project 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 may be 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 vertical 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: 101116 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 Town 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 final 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 under the 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. Mesiti-Miller Engineering, Inc. Exhibit A - Proposal for Bachman — Grays MME Project No: 101116 March 30, 2001 Page 4 of 4 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:1p ro posa 11101116l osga tos_exa_ba ch m a n_g ra ys. d oc Exhibit One Schedule of Proposed Improvements for Grays Lane and Bachman Avenue Item Unit Grays Lane Quantity Bachman Avenue Quantity Mobilization LS 1 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 2 Adjust Telephone Manholes EA 0 1 Adjust utility vaults EA 2 0 Move fire 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 LF 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 11 14 Benches EA 3 5 Garbage Cans EA 3 3 Streetlights EA 3 5 Mesiti-Miller Engineering, Inc. Project No. 101116 March 15, 2001 Exhibit B Schedule of Performance 3/30/01 Milestone Event Completion Date Town's authorization to proceed Week 0 Receive survey information Week 3 Review current info, prep AutoCAD base dwgs, and begin design Week 4 Deliver design development drawings to Town Week 10 Town review of DD dwgs Week 11 Begin Construction Documents Week 12 Deliver 90% complete CDs Week 16 Town review of 90% CDs Week 17 Deliver 100% complete CDs 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 ❑❑ ❑ ❑❑ ❑ 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 70 / hour Field Technician II 90 / hour Reimbursable Expenses: Consultants Outside Services 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 Airfare, Hotel, Car Rental, Meals, etc. Direct Billing x 1.10 Direct Cost x 1.15 $ 0.35 mile Direct Cost x 1.15 Minimum Charge $250.00 f:\misc\bilirate.doc 224 Walnut Avenue, Suite S • Santa Cruz, CA 95060 • Fax 426-6607 • 831 426-3186 JONI L. IANECKI sASSOClATES, INC. EXHIBIT D March 12, 2001 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 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 A. 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) 426-3186 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 Phone (831) 423-6054 Fax D. PROJECT DESCRIPTION: The Landscape Architect shall provide Landscape Design Development and Construction Documents for the project identified in 1.0A. 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. 831.423.6040 FAX 831.123.6054 303 POTRERO STREET, SUITE 16 SANTA CRUZ, CALIFORNIA 95060 C,\ Untiswoe Architect License 3163 Mesiti-Miller E Leering Inc. March 12. 2001 Bachman/Santa Cruz & 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 preliminary construction cost estimate prepared by MME. 5. This phase 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 PHASE 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 landscaping. 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 the 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 E eering Inc. March 12. 2001 Bachman/Santa Cruz & 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 shall 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 estimate of probable cost based upon the 100% 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 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). 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 completion 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. Inc. 3 Mesiti-Miller Er Bering Inc. March 12, 2001 Bachman/Santa Cruz & Gray Lane Streetscape 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 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 by the Owner. 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 to 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 its respective interests herein to a third party without written consent of the other. d. All questions in dispute under thisocontract shall be submitted to arbitration at the choice of either party in accordance with the rules of Joni L. Janecki & Associates, Inc. 4 Mesiti-Miller E. veering Inc. March 12, 2001 Bachman/Santa Cruz & Gray Lane Streetscape Improvements 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 the Landscape Architect, and are not to be used on other work except by written agreement with the Landscape Architect. E. Landscape Architects are regulated by the State of California. Any questions concerning a Landscape Architect may be referred to the Landscape Architects Technical Committee 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 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 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 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 be an "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. 5 Mesiti-Miller E,. .ieering Inc. March 12, 2001 Bachman/Santa Cruz & 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-five (45) days. Acceptance of this proposal. by the Owner, shall be indicated by signing below and mailing the original proposal to the office of Joni L. Janecki and Associates. Inc. Respectfully submitted JO L. BANE oni Presi ASLA Signature of Approval: ATES, INC. Authorized Representative Date o.prl.MMM.LosGatosRoadImprovements (FD) Joni L. Janecki & Associates. Inc. 6 RESOLUTION 2001 - 50 RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS APPROVING AN AGREEMENT FOR PROFESSIONAL SERVICES WITH MESITI-MILLER ENGINEERING, INC. IN CONNECTION WITH THE DESIGN OF THE SANTA CRUZ AVENUEBACHMAN AVENUE INTERSECTION AND GRAYS LANE IMPROVEMENTS WHEREAS, on June 5, 2000, the Town Council/Redevelopment Agency ofthe Town of Los Gatos approved a list of capital projects for implementation that includes Downtown Beautification Improvements; and WHEREAS, on November 6, 2000, the Council/Agency determined that the Downtown Beautification Improvements should be the next priority project scheduled for implementation; and WHEREAS, among the elements of the Downtown Beautification Improvements are the Santa Cruz Avenue/Bachman Avenue Intersection and Grays Lane Improvements; and WHEREAS, Council/Agency staff has recommended proceeding with the final design of the Santa Cruz Avenue/Bachman Avenue Intersection and Grays Lane Improvements; and WHEREAS, it is necessary for the Council/Agency to secure professional engineering assistance to complete the final design of the Santa Cruz Avenue/Bachman Avenue Intersection and Grays Lane Improvements; and WHEREAS, the Council/Agency has selected the firm of Mesiti-Miller Engineering, Inc. to provide the necessary professional engineering assistance to complete the final design of the Santa Cruz Avenue/Bachman Avenue Intersection and Grays Lane Improvements. NOW, THEREFORE, IT IS RESOLVED that the Town Council/Redevelopment Agency of the Town of Los Gatos hereby approves the attached Agreement for Professional Services with Mesiti-Miller Engineering, Inc. to complete the final design of the Santa Cruz Avenue/Bachman Avenue Intersection and Grays Lane Improvements. BE IT FURTHER RESOLVED that the Town Manager/Executive Director is hereby authorized and directed to execute said agreement on behalf of the Council/Agency. PASSED and ADOPTED at aregular meeting of the Town Council/Redevelopment Agency of the Town of Los Gatos held on the 7th day of May, 2001, by the following vote: COUNCIL/AGENCY MEMBERS AYES: Randy Attaway, Steven Blanton, Sandy Decker, Steve Glickman, Mayor Joe Pirzynski. NAYS: ABSENT: ABSTAIN: ATTEST: None None None SIGNED: /s/ Joe Pirzynski MAYOR/CHAIR OF THE REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA /s/ Marian V. Cosgrove CLERK/SECRETARY OF THE REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA OFFICE OF THE TOWN CLERK AGR_(1� AGREEMENT FOR ENGINEERING CONSULTANT SER (ICES ORD THIS AGREEMENT is entered into this day of REC by and between the Town of Los Gatos, State of California, herein c1ethe "Town an . MESITI-MILLER ENGINEERING, INC. engaged in providing CiVTt ��!� consulting services herein called the "Consultant". RECITALS , 2001, A. The Town is considering undertaking activities to CONSTRUCT VARIOUS IMPROVEMENTS AT AND ADJACENT TO THE INTERSECTION OF BACHMAN AND SANTA CRUZ AVENUE AND THE INTERSECTION 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, THE 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. 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 Consultant shall comply with 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, qualifications and approvals of whatsoever nature which are legally required for Consultant to 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. N 1B&E'LARRY1Grays Lane Design Agrmnt.wpd Page 1 of 7 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 Consultant'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 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 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 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, 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 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. 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 7 Availability of Records. Consultant shall maintain the records supporting this 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 upon written request of the Town. Page 2 of 7 Project Manager. The Project Manager for the Consultant for the work under this Agreement shall be Mark Mesiti-Miller. Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the 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: Director of Parks & Publlic 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. 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 it shall 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 it has 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 warrants that 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 qualification pursuant to the California Fair Employment & Housing Act. 14. Insurance. A. Minimum Scope of Insurance: i. 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 Tess 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 him/her and his/her staff to an amount not Tess 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 $1,000,000 which is sufficient to insure Consultant for professional errors or omissions in the performance of the particular scope of work under this agreement. B. 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 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 or self -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. 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 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. 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 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 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 from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up 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 constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement. Page 5 of 7 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 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 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 attached hereto, constitutes the complete and exclusive statement of the 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: Consultant, by: Debra J. Figone, Town Manager Approved as to form: Orry P. Korb, Town Attorney Attest: Marian V. Cosgrove, Town Clerk Mark Mesiti-Miller President Mesiti-Miller Engineering, Inc. Page 7 of 7 Mesiti•Miller Engineering, Inc. Exhibit A - Proposal for Bachman — Grays MME Project No: 101116 March 30, 2001 Page 1 of 4 Exhibit A Proposal Project Understanding This project basically 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, Joni L. Janecki and Associates, Inc. (JLJA). Our work will be completed 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 typical configuration and details of the proposed improvements. These drawings will be about 50% complete when compared to the final drawings. Once the civil configuration has been approved, we will 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 Willdan 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: Mesiti-Miller Engineering, Inc. Exhibit A - Proposal for Bachman — Grays MME Project 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 may be 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 vertical 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: 101116 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 Town 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 final 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 under the 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. Mesiti-Miller Engineering, Inc. Exhibit A - Proposal for Bachman — Grays MME Project No: 101116 March 30, 2001 Page 4 of 4 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\ 101116losgatos_exa_bachman_grays.doc Exhibit One Schedule of Proposed Improvements for Grays Lane and Bachman Avenue Item Unit Grays Lane Quantity Bachman Avenue Quantity Mobilization LS 1 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 2 Adjust Telephone Manholes EA 0 1 Adjust utility vaults EA 2 0 Move fire 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 LF 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 11 14 Benches EA 3 5 Garbage Cans EA 3 3 Streetlights EA 3 5 Mesiti-Miller Engineering, Inc. Project No. 101116 March 15, 2001 Exhibit B Schedule of Performance 3/30/01 Milestone Event Completion Date Town's authorization to proceed Week 0 Receive survey information Week 3 Review current info, prep AutoCAD base dwgs, and begin design Week 4 Deliver design development drawings to Town Week 10 Town review of DD dwgs Week 11 Begin Construction Documents Week 12 Deliver 90% complete CDs Week 16 Town review of 90% CDs Week 17 Deliver 100% complete CDs 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 CO CO ❑ MESITI-MILLER ENGINEERING, INC. Civil and Structural Exhibit C Standard Billing Rates Effective January 26, 2001 Office Personnel Engineer I Engineer II Engineer III Engineer IV Engineer V Principal Engineer Expert Witness (4 hour minimum) Court appearance and preparation therefor Administrative Assistant Field Technician I Field Technician II Reimbursable Expenses: Consultants Outside Services Document reproduction, photography, phone toll charges, delivery charges, equipment rental, and other direct project expenses In -House Services Photocopies Diskettes / CD-R's Blueprints (24" x 36") Facsimile transmit/receive Repro film Plotting -check plots on bond -final plots on mylar Travel Out -of -County automobile mileage Airfare, Hotel, Car Rental, Meals, etc. Minimum Charge f:'rnisc\biflrate.doc Engineering $ 75 / hour 87 / hour 99 / hour 112 / hour 125 / hour 135 / hour 195 / hour 56 / hour 70 / hour 90 / hour Direct Billing x 1.10 Direct Cost x 1.15 $ 0.10 2.00 3.00 1.00 2.00 10.00 30.00 sheet each sheet sheet sheet sheet sheet $ 0.35 mile Direct Cost x 1.15 $250.00 224 Walnut Avenue, Suite B • Santa Cruz, CA 95060 • Fax 426-6607 • 831 426-3186 JONI L. JANECKI S.ASSOCIATES, INC. EXHIBIT D March 12. 2001 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 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 A. 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) 426-3186 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 Phone (831) 423-6054 Fax D. PROJECT DESCRIPTION: The Landscape Architect shall provide Landscape Design Development and Construction Documents for the project identified in 1.0A. 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. 831.423.6040 FAX 831.423.0051 303 POTRERO STREET. SUITE 16 SANTA CRUZ, CALIFORNIA'Q5060 C. \ Undsuoe Archnect Licenu 3105 Mesiti-Miller El. ?ering Inc. March 12, 2001 Bachman/Santa Cruz & 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 preliminary construction cost estimate prepared by MME. 5. This phase 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 PHASE 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 landscaping. 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 the Town's Standards. 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 En ering Inc. March 12, 2001 Bachman/Santa Cruz & 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 shall 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 estimate of probable cost based upon the 100% 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 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). 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 prid 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 completion 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, Inc. 3 Mesiti-Miller En. :ering Inc. March 12, 2001 Baciunan/Santa Cruz & Gray Lane Streetscape 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 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 by the Owner. 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 to 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 its 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 L. Janecki & Associates, Inc. 4 Mesiti-Miller Erg :ering Inc. ,Vfarch 12, 2001 Bachman/Santa Cruz & Gray Lane Streetscape Improvements 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 the Landscape Architect, and are not to be used on other work except by written agreement with the Landscape Architect. E. Landscape Architects are regulated by 'the State of California. Any questions concerning a Landscape Architect may be referred to the Landscape Architects Technical Committee 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 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 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 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 be an "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. 5 Mesiti-Miller Engineering Inc. Bachman/Santa Cruz & Gray Lane Streetscape Improvements March 12, 2001 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-tive (45) days.. Acceptance of this proposal. by the Owner. shall be indicated by signing below and mailing the original proposal to the office of Joni L. Janecki and Associates, Inc. Respectfully submitted JO L. JANE oni Presi ASLA Signature of Approval: ATES, INC. Authorized Representative Date o.prl.M M,LosGatosRoadlmprovements (FD) Joni L. Janecki & Associates, Inc. 6 Town Council Minutes May 7, 2001 Redevelopment Agency Los Gatos, California TOWN PLAZA RENOVATION PROJECT/CONT. (Item 16 continued) Speakers and Council Comments continued: Mrs. Decker would like the rest room issue studied further as other interested parties have kept that from occurring over the years for various reasons which may no longer be viable considerations at this time. She also brought up the issue of the fountain and safety concerns associated with its depth and design. She asked what the time line was for completion of the new fountain and if the Town needed to keep the existing fountain in operation during this time. Mr. White noted that the fountain would remain empty for about a year before the new one is operational. This is due to the high cost of electrical repair. Staff will review the safety issues involving this fountain and consider filling in the structure until the new one is ready to be built. Mr. Pirzynski asked that consideration for user friendly, low risk water facilities that children can enjoy themselves at be explored. Mr. Attaway asked that the present fountain be treated as we did the fire truck in Oak Meadow. He noted that he has never seen a claim involving Plaza fountain and he does not want to deprive the community of there fountain this summer while waiting for the new construction. Mr. Glickman requested acceleration of the project for safety reasons. Mr. White reported that staff would return to Council with various options concerning the treatment of the existing fountain. Ray Davis, resident, spoke of the hazards of using recycled water in a public fountain and the health concerns associated with young children playing in this type of environment. Lewis Hernandez, 180 Calle Margarita, asked for bathrooms and baby changers for people with children in the park or at least a place to wash your hands. A sterile bathroom in the park for transients would be appreciated. Shirley Henderson, Antiquarium on Main, asked that Council please leave the fountain until after the Music in the Plaza Program. Asked that this fountain be recharged but that Town move forward on the new fountain. Ms Figone, Town Manager, noted that the safety issues involving the fountain would be reviewed and a report would return to Council. The subject of bathrooms would be deferred at this time but might return to Council for consideration in the future. Motion by Mr. Attaway, seconded by Mrs. Decker, that Town Council/Redevelopment Agency adopt joint Resolution 2001-49/2001-3RD entitled, RESOLUTION OF THE TOWN OF LOS GATOS/REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS APPROVING AN AGREEMENT FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE DESIGN OF THE TOWN PLAZA PROJECT. (Mesiti-Miller Engineering). Carried unanimously. DOWNTOWN BEAUTIFICATION/RESOLUTIONS 2001-50/2001-4RD (17.31) Les White, Interim Public Works Director, noted that the 4 way stop at Bachman and Santa Cruz had been removed from the plans by Council in February when the plans had been approved. Traffic reports had shown that this configuration would cause grid lock in the downtown. Motion by Mr. Attaway, seconded by Mr. Glickman, that Town Council/Redevelopment Agency adopt joint Resolution 2001-50/2001-4RD entitled, RESOLUTION OF THE TOWN OF LOS GATOS/REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS APPROVING AN AGREEMENT FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE DESIGN OF THE SANTA CRUZ AVENUEBACHMAN AVENUE INTERSECTION AND GRAYS LANE IMPROVEMENTS. (Mesiti-Miller Engineering). Carried unanimously. TC:D13:MM050701 7 _ /, . v "-S - d--0$ TOWN OF Los GATOS CMS CarrER 110 E. MAIN STi r P.O. Box 949 Los GATOS, CA 95031 June 4, 2001 Mark Mesiti-Miller Mesiti-Miller Engineering, Inc. 224 Walnut Avenue, Suite B Santa Cruz, CA 95060 Subject: Downtown Streetscape Improvement - Project No. 01-08 Dear Mark: I am returning to you one fully executed copy of the Consulting Services Agreement between the Town and Mesiti-Miller Engineering, Inc. for the subject project. The original of the agreement is on file with the Town Clerk. and is referenced as AGR:01.064. Again. many thanks for your assistance in putting this agreement together. Shortly. you will receive a Purchase Order directly from the Town's Finance Department for the not -to -exceed amount specified in the agreement. The Purchase Order represents your authorization to invoice the Town for services performed under the agreement. Additionally, I am enclosing a copy of the proposed schedule for completing the design work in connection with this project. Please review the schedule and let me know if you have any questions or concerns about it. Please also consider this letter as confirmation of my prior authorization to proceed with work under the agreement effective May 8. and of my approval of your request dated May 15 to substitute surveyors on the project. As always. I look forward to completing another successful project with your firm. Let me know if you have any questions concerning this letter. Sincerely, dear Qaeiteet, Larry I. Perlin Interim Town Engineer cc: Town Clerk INCORPORATED AUGUST 10, 1887 t1