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2009-031-Execute An Agreement To The Professional Services Agreement With Ross Drulis Cusenbery Inc. To Provide Construction Support Services For Project 07-22RESOLUTION 2009 -031 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH ROSS DRULIS CUSENBERY INC. TO PROVIDE CONSTRUCTION SUPPORT SERVICES FOR PROJECT 07 -22 — LOS GATOS MONTE SERENO POLICE OPERATIONS'BUILDING PROJECT WHEREAS, in March 2007, the Town of Los Gatos entered into an agreement with Russ Drulis Cusenbery Inc., to perform design consulting services in for the Los Gatos / Monte Sereno Police Operations Building project. WHEREAS, a third Amendment to the Agreement is necessary to include construction support services at an additional cost not to exceed $10,020.00 in connection with the Los Gatos / Monte Sereno Police Operations Building project. NOW THEREFORE BE IT RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the Town of Los Gatos authorizes the Town Manager to execute an amendment (Exhibit B) to the agreement (Exhibit A) for additional consultant support services as described in the proposal for construction support services (Exhibit Q. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 6 day of April, 2009 by the following vote: COUNCIL: AYES: Diane McNutt, Joe Pirzynski, Steve Rice, Barbara Spector, and Mayor Mike Wasserman NAYS: ABSENT: ABSTAIN: SIGNED:�gj, MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: F THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA EXHIBIT A CLERK. DEPAMONI' AGREF0 CNT FOR CONSULTANT SERVICEftix ORU THIS AGRELMENT is entered into this 15 day of August, 200'7, Mt etween e Town of Los Gatos, Stato of California, herein called the "Town ", and, Ross rul =nluty°�° -� Architecture, Inc., engaged in providing architectural services herein called the "Consultant ", RRCITAES A. On June 18, 2007, the Town Council authorized the purchase an. existing office building, at 15900 Los Gatos Boulevard to be, converted to a police services building. B. The Town desires to engage the firm to prepare construction drawings for additions to the building and tenants because of the Consultant's expe>;ience 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, TITS PARTIES HERETO AGREE AS FOLLOWS; I , Scope of Services The Consultant shall provide the services listed below'as described in the Scope of Work attached as Exhibit A. a. Program Verification b. Conditional Use Permit and Design Review Services c. Schematic Design Services d. Design Development Services e. Construction Document Services f. Bidding Services g. Construction Administration h. Supplemental Design Services 2. Time of Performance. The services of the Consultant are to commence upon the execution (A this Agreement and 'issuance of aTown purchase order with completion by June 30, 2009. 3. Comp liance 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 Yugo 1 of 2 profession, Consultant shall maintain a Town of Los Gatos business license pursuant to Chapter 14 of the Code of the Town of Los Gatos. 4, Sole Tees i�onsibility 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 confinned in writing by Consultant to be a trade secret of Consultant. 6. Co mpensation . Compensation for Consultant's professional services shall be five hundred seventy four thousand two hundred ninety seven ($574,297) dollars. Payment shall be based upon Town approval of each task. 7. Billing .Billing shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. 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 95030 Statements: Town of Los Gatos Attn: Finance Dppartment P,O. Box 655 Los Gatos, CA 95030 8. 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, Page 2 of 2 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, 9, Project Manager The Project Manager for the Consultant for the work under this Agreement shall be'Michael Ross, The Project Manager for the Town for the work under this Agreement shall be Curtis Banks,.Project Planner 10, Assignability and Subcoptracting 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. 11, 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; Curtis Banks Town of Los Gatos Community Development Department P.O. Box 949 Los Gatos, CA 95031 To Consultant: Michael Ross, AIA Rossbrul isCusenbery Architecture Inc. 18294 Sonoma Highway Sonoma, CA 95476 or personally delivered to Consultant to such address or such other address as Consultant designates in writing to 'Town. 12, Independent Contractor It is understood that the Consultant, in the performance of the worlc 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 Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Consultant agrees to tcstify 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. 13, Conflict of Interest Consultant understands that its professional responsibilities is 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, Tu addition, Consultant warrants that .Page 3 of 3 it does not presently and shall not acquire any direct or indirect interest adverse to those of the Town in the subject of this Agreement, and it shall 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, 14. Equal Ernploynaent Ot t op rtutAjt . 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 Bair Employment & Housing'Act. 15, 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 firth 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 ($1,000;000) combined single limit per accident for bodily injury and property damage, iii. Consultant shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Consultant agrees that all- certificates and endorsements are to be received end approved by the Town before work commences, iv. Consultant agrees to have and maintain, for the duration of the contract, professional liability insurance in amounts not less than '$ 1,000,000 which is sufficient to insure Consultant for professional negligent errors or omissions in the performance of the particular scope of work under this agreement. Page 11 of 4 B. General Liability: i. The Town, its officers, officials, employees and volunteers are to be covered as insured as respects; liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of Consultant, premises owned or used by the. Consultant. This requirement does not apply to the professional liability insurance required for professional errors and omissions. ii. The Consultant's insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees and volunteers. Any insurance 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 isi?aade or suit is brought, except with respect to the limits of the insurer's liability. C. All Coverages; Each ' inSUMCe policy required in this item shall be endorsed to state that coverage shall not be suspended, voided or cancelled, except after thirty (30) days' prior written notice by certified avail 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 maintaiti Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Town before beginning services under this Agreernent. Further, Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees. E. Subcontractors: Any subcontractors shall be required to have and maintain, for the duration of the contract the insurance polices in this item., which shall be endorsed as required in Section C above. The Consultant shall maintain current certification of such insurance on file at all times during the term of this agreement and make available for review by the Town, if requested. Page 5 of 5 16. 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 perfortning.work to the extent caused by a willful or negligent act or omissions .of the Consultant, or any of the Consultant's officers, employees, or agents or any subconsultant. 17, 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. 18.. Governing Law This Agreement, regardless of where executed, shall be governed by and constmed 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. 19, 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 fifteen days written notice of termination, In the event of termination, the Consultant shall deliver to the Town all plans, files, documents, 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 paragraph 6 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. 20. Amendment No modification, waiver, mutual termhation, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Consultant. 21, Disputes In any dispute over any aspect of this Agreement, each party shall be responsible for their own attorney's fees, including costs of appeal. 22. Entire Agreement This Agreement, including Exhibits A, 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 6 IN WITNESS WI- EREOF, the Town and Consultant have executed this Agreement as of the .date indicated on page one. Town of Los Gatos by: Consultant ley: Pamela Jacobs, Interim Town Manager Signature Approved as to Dorm: 9YOI . Korb, Town Attorney ATTEST: Michael B. Ross, AIA Print Name CEO Title Town of s G s, Las Gatos, California c ' Ja ki Rose, Clerk Administrator Pago 7 of 7 Dear Curtis; PtossDrulisCusenbery Architecture, Inc, (RDC) is pleased to' submit this proposal for architecture and engineering (A /E) services for the proposed Los Gatos Police Services Building. A project description, work plan task, project schedule and fee summary for RDC's services is provided below. General project Description The Town of Los Gatos Police Department requires additional building area to house its Patrol operations, emergency operations center /briefing, investigations, prisoner processing and property and evidence operations. The Town has recently (or will soon) acquire a portion of the Verlxon site located at 1590o Los Gatos Blvd., Los Gatos, CA for this purpose, Through this acquisition, the Town-will acquire a portion of a 1.78 acre site through a subdivision and a 9,238 CSF existing cast in place concrete communications building winch will be adapted Into a new police services building, The Town of Los Gatos is requesting A/E services for the Interior renovations and additions to the existing building and site and civil engineering services for the creation of 46 secure and seven public parking spaces and associated site work. RDC was previously retained by the Town to provide program verification and conceptual design services for the project. The product of those services were documented in a conceptual design /site plan . titled; Los Gatos - Monte Sereno Police operations Building, Concept option 8, May 7, 2007, The work depicted on this document forms the basis of design forthis A/E services proposal,.The basis of design includes approximately 9,238 GSF of renovations to the existing building and 2,679 GSF of additionstothe existing building. The Town retained the San lose Construction company to prepare a construction cost estimate based on the Option B conceptual plan. The'rown also retained Hohbach -Lewin Inc., Structural Engineers to assess the suitability of the existing building. Per the Town's directive, Hohbach -Lewin is being retained by RDC as the structural engineer for project. The San Jose Construction Company's estimated construction cost reconciled to include some contractor supplied FF &E lockers and tack boards and offsite work is: Subtotal PD Direct Costs: $2,939,887 Los Gatos Blvd. Work $150,000 Subtotal Construction Cost $3,089,887 M 10294 Sonomn Highway Sonoma CA 95476 TEL 707 996 0446 FAX 707 996 8542 ARCHMCTUH �.r t � �3 dL551 July 16, x Curtis Banks Project Planner Town of Los Gatos x20 E, Main Street Los Gatos, CA 95030 Reference: Proposal for Los Gatos Police Services Building: Architecture and Engineering Services Dear Curtis; PtossDrulisCusenbery Architecture, Inc, (RDC) is pleased to' submit this proposal for architecture and engineering (A /E) services for the proposed Los Gatos Police Services Building. A project description, work plan task, project schedule and fee summary for RDC's services is provided below. General project Description The Town of Los Gatos Police Department requires additional building area to house its Patrol operations, emergency operations center /briefing, investigations, prisoner processing and property and evidence operations. The Town has recently (or will soon) acquire a portion of the Verlxon site located at 1590o Los Gatos Blvd., Los Gatos, CA for this purpose, Through this acquisition, the Town-will acquire a portion of a 1.78 acre site through a subdivision and a 9,238 CSF existing cast in place concrete communications building winch will be adapted Into a new police services building, The Town of Los Gatos is requesting A/E services for the Interior renovations and additions to the existing building and site and civil engineering services for the creation of 46 secure and seven public parking spaces and associated site work. RDC was previously retained by the Town to provide program verification and conceptual design services for the project. The product of those services were documented in a conceptual design /site plan . titled; Los Gatos - Monte Sereno Police operations Building, Concept option 8, May 7, 2007, The work depicted on this document forms the basis of design forthis A/E services proposal,.The basis of design includes approximately 9,238 GSF of renovations to the existing building and 2,679 GSF of additionstothe existing building. The Town retained the San lose Construction company to prepare a construction cost estimate based on the Option B conceptual plan. The'rown also retained Hohbach -Lewin Inc., Structural Engineers to assess the suitability of the existing building. Per the Town's directive, Hohbach -Lewin is being retained by RDC as the structural engineer for project. The San Jose Construction Company's estimated construction cost reconciled to include some contractor supplied FF &E lockers and tack boards and offsite work is: Subtotal PD Direct Costs: $2,939,887 Los Gatos Blvd. Work $150,000 Subtotal Construction Cost $3,089,887 RossDrulisCusenbery Arcs tAecture, Inc, Proposal for Los Gatos Police Services Bulldingi Architecture and Engineering Services Page 2. Profit and Overhead: Insurance Subtotal Design Contingency (10 %) Change Order Contingency (5 %) Estimated Construction Cost $154,494 $30,898 $3,275,279 $327,527 - Utilized by AIE team during design process $280,240 - Minimum recommended amount, assume spent, $3,782,946* *This estimated construction cost is provided only as a means of calculating the AIE fee. RDC does not certify the accuracy of the construction cost estimate prepared by others: The final construction cost is likely to change. Exterior Improvements to the building are limited to paint, RDC recommends the Town increase Its construction change order contingency to .10% and add a 100. bidding contingency to account for current fluctuations in the construction market place and bid environment, General Description of Services Offered RDC's services will be based on services described in AIA B -14a. and will Include: architecture, structural, mechanlcal, plumbing, fire protection, electrical, lighting and civil engineering, landscape design, geo technical and topographic mapping services. Telecommunication, audio visual, security and data systems will be designed by RDC as an empty system of cable trays, raceways, conduits, termination boxes, back panels, equipment rooms and pull strings for the design and installation by others of all cabling, ccty cameras, monitors, telephone communication equipment, telephone switch gear, computers, servers, radio base stations and other user based equipment. Acoustical consulting will be limited to the design of interior partitions and the acoustical surround of the emergency generator. The Town will provide its standard "front end" specifications, bid form, contract and Instructions to bidders compliant with the requirements of California public works projects, for the Contract Documents. Exclusions Hazardous materials assessment, testing or abatement, earthquake faulttesting or discovery services, meetings in excess of those listed, consultants other than those listed in this proposal, destructive testing, LEER certification, inspections and testing, permits and fees. Work Plan RDC has organized its services into eight primary tasks. Each task! s described below. Task Title Descrl tlan . Duration Comments 1 Program Kick off meeting, project One week Review floor and Verification and orientation, program site plans with Project Orientation verification. PD and Town Development of representatives schedule, goals and priorto initiating communication design process. protocols. Town to Attend one meeting in designate a Los Gatos, project manager as single point of contact for project for AIE team. 2 Conditional Use Support the Town's Six weeks Prepare design Permit and Design application for . documents for Review Services Conditional Use Permit, CUP and design Provide professional review R LE n 4 ,t� ._. RossDrulisCuSnnbery Arc, i,�ecture, Inc. Proposal for Los Gatos Police Services Building; ,Architecture and Engineering Services Page 3. Task Title Description Durati Comments opinion on need for roof top HVAC units, prepare design review drawings. Attend two- meetings In Los Gatos. 3 Schematic Design Schematic Design Two months This work maybe Services Documents based on concurrent with previously approved CUP work above. hudget, program and conceptual design. Docurents include: site plan, floor plan, elevations and two building sections. Cost estimate. Attend two meetings in Los Gatos, 4 Design Design Development Three months Development Documents based on the services approved schematic design documents and budget. Documents include: plans, sections, elevation, typical • construction details, materials and finishes and systems and equipment layouts. Cost Estimate. Attend two meetin s in Los Gatos. S Construction Construction Documents ' Pour months Document Services based on the approved Design Development documents grid budget. Documents will set forth in detail the requirement for the construction of the project. Documents will include drawings, details and specifications thatestablish in'detall the quality levels of materials and systems required for the work. Cost estimate. Attend three meetings in Los Gatos, 6 Bidding Services* Assistance in the 6 weeks development and preparation of bidding and procurement information, Preparation of Project Manual, Contract, Conditions of the Contract for Construction and C ..l �.M n a �,, °max Ross drulisCusenbery Architecture, Inc, Proposal for Los Gatos Police Services Building: Architecture and Engineering Services Page 4. Task Title Description Duration Comments RossDrulisCusenbery Architecture, Inc. Architect Specifications. Hobach — Lewin Inc. Structural E ineer $29, Preparation of bid . O'Mahoney & Meyer Electrical Engineer $47,500 addenda and responses Mechanical /Plumbing Engineer $32,000 (5 - r — eenvalley to BFI's during bid period. $46,000 HLD Group Landscape Architect Evaluation of bids. A: Sub Total $510,697 Specialty Sperialty Consultants and Fees Charles Salter Associates Attend one pre bid $15,000 Kleinfelder GeoTechnical Report meeting and site walk Kleinfelder GeoTech Construction Observation $16,100 through In Los Gatos, Green Valley Topographic Survey 7 Construction Attend pre construction :10 -12 months $25,000 Administration meeting, observe work, $20,000 B; Sub Total $1o3,600 Services create contract change and field orders, review and approve submittals and shop drawings, respond to RN's, Attend 12 construction meetings. 8 Supplemental Fxterlor Public Courtyard Discuss Discuss. it is Design Services Trellis and Window Sun possible the LG Shade Design, design review process my Landscape Design in require Public ROW, additional exterior design treatment be applied to this p roject. Fee Summary Per Discipline Basic Services Consultant Name Specialty Total Fee Comments RossDrulisCusenbery Architecture, Inc. Architect $342,897 Hobach — Lewin Inc. Structural E ineer $29, O'Mahoney & Meyer Electrical Engineer $47,500 15000 Inc, Mechanical /Plumbing Engineer $32,000 (5 - r — eenvalley Civil Engineer $46,000 HLD Group Landscape Architect $12,800 A: Sub Total $510,697 Specialty Sperialty Consultants and Fees Charles Salter Associates Acoustic $15,000 Kleinfelder GeoTechnical Report $15,300 Kleinfelder GeoTech Construction Observation $16,100 Hourly. Verify, Green Valley Topographic Survey $12,2.00 Mack 5 Cost Estimation $25,000 Reimbursable Expenses Allowance $20,000 B; Sub Total $1o3,600 Total A /EFees (A+ B) $614,297 n ,. _i RossDrulisCusenberyArcii,reeture, Inc, Proposal for Los Gatos Ponce Services Building-, Architecture and Engineering Services Page 5. RDC is avallabieto begin services within.a:o business days of receipt ofthe Noticeto Proceed from the Town of Los Gatos. Please contact me should you require clarification. Thank you for your consideration. Sincerely, U / � Michael B. Ross, AiA Exhibit B AMENDMENT TO AGREEMENT This AMENDMENT TO AGREEMENT is entered into this the 6� day of April, 2009, by and between the Town of Los Gatos, State of California, herein called "Town," and Russ Drulis Cusenbery Inc, herein called "Consultant." RECITALS A. Town and Consultant entered into an agreement for design consultant services in March, 2007 (" Agreement"), a copy of which is attached hereto as (Exhibit A) and incorporated herein by reference. B. Additional design services for Project 07-22 — Los Gatos/ Monte Sereno Police Operations Building Proj ect were regiured after the execution of the agreement in order to redesign the project to meet budgetary requirements. These design services were paid for with contract funds originally intended for consti- .action support services, An additional $10,020.00 is required to cover the costs associated with construction support services. AMENDMENT I . Section 6 (Compensation) of the Agreement is hereby amended to add $10,020.00 to the total contract to cover the costs associated with construction support services for this project in accordance with (Exhibit C) attached hereto and incorporated herein by this reference. 2. All other terms and conditions of the Agreement dated March 2007 remain in Rill force and effect. IN WITNESS WHEREOF, the Town and Russ Drulis Cusenbery Inc. have executed this Agreement as of the date indicated on page one (1). Town of Los Gatos, by: Greg Larson Town Manager Russ Drulis Cusenbery hie. Recommended by: Todd Capurso Director of Parks and Public Works ATTEST: Clerl( Administer Approved as to Form: Oiry P. Korb, Town Attorney EX; TMIT C 1829q Sonoma Highway Sonoma CA 95476 F� 4 TEL 707 996 8446 FAX707 996 8542 ARCHITECTURE �s March 30, 2009'" Kevin Rohani, P.E., Town Engineer C' Parks and Public Works Department�t Town of Los Gatos 41 Miles Ave. Los Gatos CA 95031 Reference: Revised Proposal for Los Gatos Police Services Building: Additional Architecture and Engineering Services -- Detectives'Area, Rooftop Antenna & Room #110 Door Dear Kevin: RossDrulisCusenberyArchitecture, Inc, (RDC) is pleased to submit this proposal for additional Architectural and Engineering construction Contract Administration services forthe Los Gatos Police Department project. Redesign of Detectives' Area RDC will revise the layout of the Detective's Area so that it has full height walls similar to the original Bid Set. The main difference will be thatthe transom windows originally designed to surround this area will be deleted and the walls will be gypsum board, The ceilings will remain lay -in tile as is currently shown, but the grid, light and diffuser locations will be revised. The proposed fixed fee for this additional service is as follows: Architect 2,100.00 Mechanical Engineer 1,725.00 Electrical Engineer 920.00 Structural Engineer 287.50 Total Detectives' Area 5,032,50 Structural Analysis for Rooftop Antenna (Time & Expenses) RDC and its structural engineer will provide a structural analysis for relocating the antenna to the rooftop. The fees for this additional design will be computed hourly plus expenses. The estimated cost is as follows: Architect 8 hrs $150 3,,200.00 Structural Engineer 862.50 Total Rooftop Antenna 2,062.50 Additional Door @ Room 110 (Time & Expenses) RDC will provide design revisions to add another door into the Interview /Breakout Room, #110. The fees for this additional design will be computed hourly plus expenses. The estimated cost is as follows: RossDrulisCusenbery Architecture, Inc. March 30, 2009 Page 2Of2 Architect 19.5 hrs Total - Additional Door Grand Total Sincerely, Michael B. Ross, AIA, CEO RossDruliscusenbery Architecture, Inc. $7.50 2,925,00 2,925.00' $x0,020.00 EXHIBIT A CLERIC. DEPARTIvMNT AGREEMM NT FOR CONSULTANT SERVICERiH ORD THIS AGREEMENT is entered into this 15 day of August, 2007,4v ween et Town of Los Gatos, Stato of California, herein called the "Town ", and, Ross ?4h3Cumnlury— Architecture, Inc., engaged in providing architectural services herein called the "Consultant ", RECI'T'ALS A. On June J.8, 2007, the Town Council authorized the purchase an existing office building at 15900,Los Gatos Bouievardto be converted to a police services building. B. The Town desires to engage the firm to prepare constnlction drawings for additions to the building and tenants because of the 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, 'T I-M PARTIES HERETO AGREE AS FOLLOWS: I , Scope of ;Services The Consultant shall provide the services listed below'as described in the Scope of Work attached as Exhibit A. a. Program Verification b. Conditional Use Permit and Design Review Services c. Schematic Design ,Services d. Design Development Services e. Construction Document Services . f. Bidding Services g. Construction Administration h. Strpplemental Design Services 2. Time of Performance. The services of the Consultant are to commence upon the execution of this Agreement and issuance of aTown purchase order with completion by June 30, 2009. Comp liance 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 axe legally required for Consultant to practice its Page, 1 of 2 ,:U� tLti profession. Consultant shall maintain a Town of Los Gatos business license pursuant to Chapter 14 of the Code of the Town of Los Gatos, 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 assernbledby 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 Consul taut 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 Consultant's professional services shall be five hundred seventy four thousand two hundred ninety seven (,$574,297) dollars. Payment shall be based upon Town approval of each task. 7. Billing Billing shall be accompanied by a detailed explanation of (ire work performed by whom at what rate and on what date, 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 95030 ,Statements: Town of Los Gatos Attn: 1 L7ppartment P,0. Box 655 Los Gatos, CA 95030 8. 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. Page 2 of 2 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, 9, Project Manager The Project Manager for the Consultant for the work under this Agreement shall be'Michael Ross, The Project Manager for the Town for the work under this Agreement shall be Curtis Banks, Project Planner 10, Assi uabilify and Subcoptracting 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. 11, 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: Curtis Banks Town of Los Gatos Community Development Department P.O. Box 949 Los Gatos, GA 95031 To Consultant: Michael Ross, AIA RossDrul isCusenbery Architecture Inc. 18294 Sonoma Highway Sonoma, CA 95476 or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town. 12. Independent Contractor It is understood that the Consultant, in the performance of.tbe 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 -natters at its then current .hourly rates of compcnsation, unless such litigation is brought by Consultant or is based on allegations of Consultant's negligent performance or wrongdoing. 13, Conflict of Interest. Consultant understands that its professional responsibilities is 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 .Page 3 of 3 it does not presently and shall not acquire any direct or indirect interest advex 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 clone so and shall, at the Town's sole discretion, divest itself of such interest. Consultant shall not knowingly and shal 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. 14. Bqual Employment Op ortuni , 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 thein on rho basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, roligion, or medical condition, umess based upon a bona fide occixpatlonal qualification pursuant to the California lair Employment & Housing Act. 15, 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 fixm 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 himlher and his /her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily iiijury and property damage. iii. Connsultant shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Consultant agrees that all' certificates and endorsernezits 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 negligent errors or omissions in the performance of the particular scope of work under this agreement. Page 4of4 B. General Liability: i. The Town, its officers, officials, employees and volunteers are to be covered as insured as respects; 'liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of Consultant, premises owned or used by the Consultant. This requirement does not apply to the professional liability insurance required for professional errors and omissions. ii. The Consultant's insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees and volunteers, Any insurance 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: Eacli'insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided or cancelled, except after thirty (30) days' prior written notice by certified mail 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 anal 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 regMred'Worlcers' Cotxrpensation insurance for their respective employees. B. Subcontractors: Any subcontractors shall be required to have and maintain, for the duration of the contract the insurance polices in this item, which shall be endorsed as required in Section C above, The Consultant shall maintain current certification of such insurance on file at all tunes during the terns of this agreement and make available for review by the Town, if requested. Page 5 of 5 16. 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 to the extent caused by a willful or negligent act or omissions .of the Consultant, or any of the Consultant's officers, employees, ar agents or any subconsultant. 17, 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. 18, 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. 19. 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 fifteen days written notice of termination. In the event of termination, the Consultant shall deliver to the Town all plans, files, documents, 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 paragraph 6 hereto, 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. 20. 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. 21, Disputes In any dispute over any aspect of this Agreement, each party shall be responsible for their own attorney's fees, including costs of appeal. 22. Entire Aacemeat This Agreement, including Exhibits A, 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 6 IN WITNESS WBEREOF, the Town and Consultant have executed this Agreement as of the date indicated on page one. Town of Los Gatos by: Pamela Jacobs, Interim Town Manager Consultant by: Signature Approved as to Form: 9w . Korb, Town Attorney ATTBST: Town of s G s, Los Gatos, California Ja ,kz 12osc, Clerk Admirnistratox Michael B. Ross, AIA Print Name CEO Title Pago 7 of 7 Dear Curtis; RossOruiisCusenbery Architecture, Inc, (RDC) is pleased to submit this proposal for architecture and engineering (A /E) services for the proposed Los Gatos Police Services Building. A project description, work plan task, project schedule and fee summary for RDC's services is provided below. General project Description The Town of Los Gatos Police Department requires additional building area to house its patrol operations, emergency operations center /briefing, investigations, prisoner processing and property and evidence operations. The Town has recently (or will soon) acquire a portion of the Verizon site located at 15900 Los Gatos Blvd., Los Gatos, CA for this purpose, Through this acquisition, the Town will acquire a portion of a 2.78 acre site through a sub division and a 9,238 GSP existing cast in place concrete communications building which will be adapted into a new police services building, The Town of Los Gatos is requesting AIE services for the interior renovations and additions to the existing building and site and civil engineering services for the creation of 46 secure and seven public parking spaces and associated site work. RDC was previously retained by the Town to provide program verification and conceptual design services for the project. The product of those services were documented in a conceptual design /site plan . titled; Los Gatos - Monte Sereno Police Operations Building, Concept Option B, May 7, 2007, The work depicted on this document forms the basis of design forthis A/E services proposal,. The basis of design includes approximately 9,238 GSP of renovations to the existing building and 2,679 GSP of additions to the existing building. The Town retained the San Jose Construction Company to prepare a construction cost estimate based onthe Option B conceptual plan. The Town also retained Hohbach -Lewin Inc., Structural Engineers to assess the suitability of the existing building. Per the Town's directive, l- lohbach -Lewin is being retained by RDC as the structural engineer forthe project. The San Jose Construction Company's estimated construction cost reconciled to include some contractor supplied F *F &E lockers and tack boards and offsite work is: Subtotal PD Direct Costs: $2,939,887 Los Gatos Blvd. Work $150,000 Subtotal Construction Cost $3,089,887 M 18294 Sonornn H1Shway Sonoma CA 95476 TEL 707 996 8448 FAX 707 996 8342 ARCHITECTURE r+.r► �r t l�d�sw July 16, 2007 1 J1^if Vie, Curtis Banks Project Planner Town of Los Gatos 220 E, Main Street Los Gatos, CA 95030 Reference: Proposal for Los Gatos Police Services Building; Architecture and Engineering Services Dear Curtis; RossOruiisCusenbery Architecture, Inc, (RDC) is pleased to submit this proposal for architecture and engineering (A /E) services for the proposed Los Gatos Police Services Building. A project description, work plan task, project schedule and fee summary for RDC's services is provided below. General project Description The Town of Los Gatos Police Department requires additional building area to house its patrol operations, emergency operations center /briefing, investigations, prisoner processing and property and evidence operations. The Town has recently (or will soon) acquire a portion of the Verizon site located at 15900 Los Gatos Blvd., Los Gatos, CA for this purpose, Through this acquisition, the Town will acquire a portion of a 2.78 acre site through a sub division and a 9,238 GSP existing cast in place concrete communications building which will be adapted into a new police services building, The Town of Los Gatos is requesting AIE services for the interior renovations and additions to the existing building and site and civil engineering services for the creation of 46 secure and seven public parking spaces and associated site work. RDC was previously retained by the Town to provide program verification and conceptual design services for the project. The product of those services were documented in a conceptual design /site plan . titled; Los Gatos - Monte Sereno Police Operations Building, Concept Option B, May 7, 2007, The work depicted on this document forms the basis of design forthis A/E services proposal,. The basis of design includes approximately 9,238 GSP of renovations to the existing building and 2,679 GSP of additions to the existing building. The Town retained the San Jose Construction Company to prepare a construction cost estimate based onthe Option B conceptual plan. The Town also retained Hohbach -Lewin Inc., Structural Engineers to assess the suitability of the existing building. Per the Town's directive, l- lohbach -Lewin is being retained by RDC as the structural engineer forthe project. The San Jose Construction Company's estimated construction cost reconciled to include some contractor supplied F *F &E lockers and tack boards and offsite work is: Subtotal PD Direct Costs: $2,939,887 Los Gatos Blvd. Work $150,000 Subtotal Construction Cost $3,089,887 Ross DrullsCusenbery Arc,,Aecture, Inc, Proposal for Los Gatos Police Services Building; Architecture and Engineering Services Page 2, Profit and Overhead: Insurance Subtotal Design Contingency (10 %) Change. Order Contingency (5 %) Estimated Construction Cost $154,494 ° $30,898 $3,275,279 $327,527 - Utilized by All: team during design process $180,140- Minimum recommended amount, assume spent, $3,782,946* "This estimated construction cost is provided only as a means of calculating the A/E fee, RDC does not certlfy the accuracy of the construction cost estimate prepared by others, The final construction cost is likely to-change. Exterior improvements to the building are limited to paint. RDC recommends the Town increase its construction change order contingency to zo% and add a 10% bidding contingency to account for current fluctuations in the construction marketplace and bid environment. General Description of Services Offered RDC's services will be based on services described in AIA B -141 and will Include: architecture, structural, mechanical, plumbing, fire protection, electrical, lighting and civil engineering, landscape design, geo technical and topographic mapping services. Telecommunication, audio visual, security and data systems will be designed by RDC as an empty system of cable trays, raceways, conduits, termination boxes, back panels, equipment rooms and pull strings for the design and installation by others of all cabling, ccty cameras, monitors, telephone communication equipment, telephone switch gear, computers, servers, radio base stations and other user based equipment. Acoustical consulting will be limited to.the design of interior partitions and the acoustical surround of the emergency generator. The Town will provide its standard "front end" specifications, bid form, contract and instructions to bidders compliant with the requirements of California public works projects, for the Contract Documents. Exclusions Hazardous materials assessment, testing or-abatement, earthquake faulttesting or discovery services, meetings in excess of those listed, consultants other than those listed in this proposal, destructive testing, LEER certification, inspections and testing, permits and fees. Work Plan RDC has organized its services into eight primary tasks, Each task is described below, Task Title Description . Duration 'Comments 1 Program Kick off meeting, project One week Review floor and Verification and orientation, program site plans with Project Orientation verification, PD and Town Development of representatives schedule, goals and priorto initiating communication design process. protocols. Town to Attend one meeting in designate a Los Gatos. project manager as single point of co nta ct for project for A/E team, 2 Conditional Use Support the Town's Six weeks Prepare design Permit and Design application for documents for Review Services Conditional Use Permit. CUP and design Provide rofessional review MAM n 4 .: itossDrulisCusenbery Arc, i, Lecture, Inc. Proposal for Los Gatos Police Services Building; Architecture and Engineering Services Page 3. Task Tit o w Description Duration Comments opinion on need for roof top HVAC units, prepare design review drawings. Attend two-meetings In Los Gatos. 3 Schematic Design Schematic Design Two months This work maybe This Services Documents based on with previously approved CUP work above, budget, program•and Conceptual design. Documents include; site plan, floor plan, elevations and two building sections. Cost estimate. Attend two meetings in Los Gatos, 4 Design Design Development Three months , Development Documents based on the services approved schematic design documents and budget. Documents include: plans, sections, elevation, typical construction details, material's and finishes and systems and equipment layouts. Cost Estimate. Attend two meetin s in Los Gatos, S Construction Construction Documents ' Four months Document Services based on the approved Design Development documents q6d budget. Documents will set forth In detail the requirement for the construction of the project. Documents will include drawings, details and specifications thatestablish in'detall the quality levels of materials and systems req uired for the work. Cost estimate. Attend three meetings In Los Gatos, . 6 Bidding Services Assistance in the 6 weeks development and preparation of bidding and procurement information, Preparation of Project Manual, Contract, Conditions of the Contract.for Construction and EE TAIN am n Ross DrulisCusenberyAremcecture, Inc, Proposal for Los Gatos Police Services Building: Ardhitecture and Engineering Services Page 4. Task Title Description Duration Comments RossDrulisCusenbery Architecture, Inc. Architect Specifications. Hobach -- Lewin Inc. Structural Engineer $29,500 Preparation of bid O'Mahoney & Meyer Electrical Engineer $47,500 addenda and responses Mechanical /Plumbing Engineer $32,000 Green Val ley to RFI's during bid period. $46,000 HLD Group Landscape Architect Evaluation of bids. A: Sub Total $510,697 Specialty Consultants and Fees Charles Salter Associates Attend one pre bid $15,000 Kleinfelder GeoTechnicai Report meeting and site walk Kleinfelder Geo Tech Construction Observation $16,a.00 through in Los Gatos, Green Valley Topographic Survey 7 Construction Attend pre construction 10 -12 months $25,000 Administration meeting, observe work, $20,000 B: sub Total $103,600 Services create contract change and field orders, review and approve submittals and shop drawings, respond to RFI's, Attend 12 construction Meetings, 8 Supplemental Exterior Public Courtyard Discuss Discuss, It is Design Services Trellis and Window Sun passible the LG Shade Design, design review process my Landscape Design in require Public ROW, additional exterior design treatment be applied to this p roject. Fee Summary Per Discipline Basic Services Consultant Name S eciait Total Fee Comments RossDrulisCusenbery Architecture, Inc. Architect $342,897 _. Hobach -- Lewin Inc. Structural Engineer $29,500 O'Mahoney & Meyer Electrical Engineer $47,500 15000 Inc. Mechanical /Plumbing Engineer $32,000 Green Val ley Civil Engineer $46,000 HLD Group Landscape Architect $12,800 A: Sub Total $510,697 Specialty Consultants and Fees Charles Salter Associates Acoustic $15,000 Kleinfelder GeoTechnicai Report $15,300 Kleinfelder Geo Tech Construction Observation $16,a.00 Hourly, Verify, Green Valley Topographic Survey $12,200 Mack 5 Cost Estimation $25,000 Reimbursable Expenses Allowance $20,000 B: sub Total $103,600 Total WE Fees (A+ R) $61.4,297 n Ross[ MISCusenberyArciitcecture, Inc. +� Proposal for Los Gatos Police Services BuiIdingrArchitecture and Engineering Services Page 5. RDC is availableto begin services within. 1.0 business days of receipt ofthe Notice to Proceed from the Town of Los Gatos. Please contact rTie should you require clarification, Thank you for your consideration. Sincerely, U / � Michael B. Ross, AIA Exhibit B AMENDMENT TO AGREEMENT This AMENDMENT TO AGREEMENT is entered into this the 6'h day of April, 2009, by and between the Town of Los Gatos, State of California, herein called "Town," and Russ Drubs Cusenbery Inc, herein called "Consultant." RECITALS A. Town and Consultant entered into an agreement for design consultant services in March, 2007 ( "Agreement "), a copy of which is attached hereto as (Exhibit A) and incorporated herein by reference. B. Additional design services for Project 07-22 — Los Gatos/ Monte Sereno Police Operations Building Proj ect were required after the execution of the agreement in order to redesign the project to meet budgetary requirements. These design services were paid for with contract funds originally intended for construction support services. An additional $10,020.00 is required to cover the costs associated with construction support services. AMENDMENT Section 6 (Compensation) ofthe Agreement is hereby amended to add $10,020.00 to the total contract to cover the costs associated with construction support services for this project in accordance with (Exhibit C) attached hereto and incorporated herein by this reference. 2. All other terms and conditions of the Agreement dated March 2007 remain ill full force and effect. IN WITNESS WHEREOF, the Town and Russ Drulis Cusenbery Inc. have executed this Agreement as of the date indicated on page one (1). Town of Los Gatos, by: Greg Larson Town Manager Russ Dralis Cusenbery Inc. Recon nended by: Todd Capuiso Director of Parks and Public Works ATTEST: Cleric Administer Approved as to Form: Orry P. Korb, Town Attorney ExHMIr C 2,100.00 ,8294 2,725.00 Sonoma Highway Sonoma 920.00 CA 95476 287.50 Total Detectives' Area Ift Riga TEL 707 996 844B FAX 707 996 8542 ARCHITECTURE �a v March 30, 2009 Vrl C Y Kevin Rohani, P.E., Town Engineer ; XXSs Parks and Public Works Department Town of Los Gatos 41 Miles Ave. Los Gatos CA 95031 Reference: Revised Proposal for Los Gatos Police Services Building: Additional Architecture and Engineering Services — Detectives'Area, Rooftop Antenna & Room #110 Door Dear Kevin: Ross DruIisCusenbery Architecture, Inc. (RDC) is pleased to submit this proposal for additional Arch itectu ra I a n d En gin eering Con struction ContractAdm1ni strati on se rvices for th e Los Gatos Police Department project. Redesign of Detectives' Area RDC will revise the layout of the Detective's Area so that it has full height walls similar to the original Bid Set. The main difference will be thatthetransom windows originally designed to surround this area will be deleted and the walls will be gypsum board, The ceilings will remain lay -in tile as is cu rrently. shown, but the grid, light and diffuser locations will be revised. The proposed fixed fee for this additional service is as follows: Architect 2,100.00 Mechanical Engineer 2,725.00 Electrical Engineer 920.00 Structural Engineer 287.50 Total Detectives' Area 5,032.50 Structural Analysis for Rooftop Antenna (Time & Expenses) RDC and its structural engineer will provide a structural analysis for relocating the antenna to the rooftop. The fees for this additional design will be computed hourly plus expenses. The estimated cost is as follows: Architect 8hrs $150 3.,200.00 Structural Engineer 862.50 Total Rooftop Antenna 2,062.50 Additional Door @ Room 110 (Time & Expenses) RDC will provide design revisions to add another door into the Interview /Breakout Room, #110. The fees forthis additional design will be computed hourly plus expenses. The estimated cost is as follows: RossarulisCusenbery Architecture, Inc. March 30, 2009 Page 2 of 2 Architect 19.5 hrs Total -Additional Poor Grand Total Sincerely, Michael B. Ross, AIA, CEO RossDruliscusenbery Architecture, Inc. $:.50 2,925.00 2,925.00 $10,020.00