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Staff Report with attachments PREPARED BY: Matt Morley PPW Director Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 11/02/2021 ITEM NO: 6 DATE: October 22, 2021 TO: Mayor and Town Council FROM: Laurel Prevetti, Town Manager SUBJECT: Authorize the Town Manager to Execute a Second Amendment to Agreement for Consultant Services with Cuschieri Horton Architects for Additional Architectural and Engineering Design Services for PPW Project 821-2302, in an Amount of $53,100, for a Total Agreement Not to Exceed $218,450 RECOMMENDATION: Authorize the Town Manager to execute a second amendment to Agreement for Consultant Services with Cuschieri Horton Architects for additional architectural and engineering design services for PPW Project 821-2302, in an amount of $53,100, for a total agreement not to exceed $218,450. BACKGROUND: The Town’s adopted FY 2021/22 Capital Improvement Program Budget designates funding for Town projects, including Project 821-2302, Building Replacement at the Corporation Yard. This is a two phased project that converts warehouse space to office space and then replaces an old portable building with a steel storage building at the northwest corner of the Parks and Public Works (PPW) Corporation Yard on Miles Avenue. On October 2, 2018, the Town Council authorized the Town Manager to execute an agreement with Cuschieri Horton Architects for the Design of Corporation Yard Building Replacement and Engineering Tenant Improvement project. On August 18, 2020, the Town Council authorized the Town Manager to execute a construction contract with DesignTek Consulting Group, LLC for the construction of Phase 1 of the project which included tenant improvements of Engineering staff offices and conversion of warehouse space into staff office space. The Phase 1 construction work has been completed. The PAGE 2 OF 3 SUBJECT: Second Amendment to Agreement for Consultant Services with Cuschieri Horton Architects DATE: October 22, 2021 BACKGROUND (continued): Maintenance staff has relocated to the new offices and Police evidence have been moved to a temporary trailer in preparation for Phase 2 of the project. DISCUSSION: Phase 2 of the project includes purchasing and installation of a steel storage building to replace the existing building that is currently used as Police evidence storage facility. The permit process for the storage building includes review by the Santa Clara County Fire Department. The review comments from the Fire Department added a requirement for the proposed steel building to have either a one-hour fire rated wall or to place the building at least 10 feet away from the property lines. The cost of a steel building with one-hour fire rated walls is substantially high so placement of the building at the required distance from the property line is a more cost-effective solution. This option necessitates additional design work and revision of plans for approval by the Fire Department. This amendment is for this additional design work and construction administration work to be performed by Cuschieri Horton Architects. Bidding for construction of Phase 2 of the project will follow the completion of the additional design work. CONCLUSION: Staff recommends that Town Council authorize the Town Manager to execute the contract to allow for this project to progress. COORDINATION: The design of this project has been coordinated with Community Development Department and County Fire through the building permit process. PAGE 3 OF 3 SUBJECT: Second Amendment to Agreement for Consultant Services with Cuschieri Horton Architects DATE: October 22, 2021 FISCAL IMPACT: Building Replacement at Corporation Yard Project 821-2302 Budget Costs GFAR $1,915,800 Total Budget $1,915,800 Construction (Including Contingencies) $696,447 Consultation Services (Expense + Encumbrance) $210,884 Solutions Office Interiors $108,000 Consultation Services (Approved with this Report) $53,100 Other Construction $73,664 Modular Unit Rental $10,637 Construction Inspection $7,443 Equipment Acquisition/Installation $6,055 Blueprint/Copy/Postage $1,772 Advertising $1,064 Total Expenditures $1,169,066 Remaining Budget $746,734 There are sufficient funds available in the project budget for the contract amendment. ENVIRONMENTAL ASSESSMENT: This is a project as defined under CEQA but is Categorically Exempt (Section 15301 a and d). A Notice of Exemption will not be filed. Attachment: 1. Draft Second Amendment with the Original Agreement with Cuschieri Horton Architects dated October 3, 2018 and First Amendment dated March 2, 2021. This Page Intentionally Left Blank Page 1 of 2 Cuschieri Horton Architects – Second Amendment to Agreement for Consultant Services SECOND AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES This SECOND AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES is dated for identification this 2nd day of November 2021 and amends that certain AGREEMENT FOR CONSULTANT SERVICES dated October 3, 2018, and FIRST AMENDMENT TO AGREEMENT dated March 3, 2021 made by and between the TOWN OF LOS GATOS, ("Town,") and Cuschieri Horton Architects (“Consultant”). RECITALS A.Town and Consultant entered into an Agreement for Consultant Services on October 3, 2018 (“Agreement”), a copy of which is attached hereto and incorporated by reference as Attachment 1 to this Amendment. B.Town and Consultant entered into First Amendment to the Agreement for Consultant Services on March 3, 2021 (“Agreement”), a copy of which is attached hereto and incorporated by reference as Attachment 2 to this Amendment. C.Town desires to make second amendment the Agreement to add to the scope of services and provide additional compensation for additional architectural and engineering design services to support building replacement at Parks and Public Works Corp Yard. AMENDMENT 1.Section 2.1 Scope of Services is amended to read: Consultant shall provide services as described in that certain Cost Proposal sent to the Town on October 14, 2021, which is hereby incorporated by referenced and attached as Exhibit C. 2.Section 2.6 Compensation is amended to read: Additional compensation for Consultant’s professional services shall be $53,100, for a total agreement not to exceed $218,450. 3.All other terms and conditions of the Agreement remain in full force and effect. ATTACHMENT 1 Page 2 of 2 Cuschieri Horton Architects – Second Amendment to Agreement for Consultant Services IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment. Town of Los Gatos by: Consultant by: _______________________________ ______________________________ Laurel Prevetti Town Manager ______________________________ Name/Title Recommended by: __________________________________ Matt Morley Director of Parks and Public Works Approved as to Form: __________________________________ Robert Schultz, Town Attorney Attest: __________________________________ Shelley Neis, MMC, CPMC, Town Clerk Cuschieri Horton Architects APC Architecture Planning Interiors 14 October 2021 CHA Add Service 5 - Proposal 1 Cuschieri Horton Architects ● 20 S. Santa Cruz Ave, Suite 108, Los Gatos, CA ● 408.371.8200 14 October 2021 CHA# 1826.05 Matt Morley Director Parks and Public Works Department Town of Los Gatos 41 Miles Avenue, Los Gatos, CA 95030 Project / Location: TLG – Engineering TI and Storage Building 41 Miles Avenue, Los Gatos, CA 95030 RE: Additional Services #5 Fee Proposal for Additional Construction Administration Services for the Storage Building Dear Matt, Please find enclosed Cuschieri Horton Architects (CHA) request for approval of additional Architectural and Engineering services for the above noted project. This proposal represents an additional scope of work for an additional (4) month Construction Administration services in connection to the proposed Storage Building, which was not covered within our original project proposal #201832, dated 06/01/18, nor any prior additional design service proposals. SCOPE OF WORK: This added scope of work includes: Extended Construction Administration Services for four (4) months for the Storage Building construction. Therefore, this fully executed agreement will constitute approval for A/E services expended as noted above, as well as incorporation into the overall permitted project set during CA phase of work. ASSUMPTIONS: AOR efforts in assisting the contractor in evaluating and ensuring compliance with the contract documents, coordinate and inspect contractor’s work. Coordination with the Design team, Contractor and the Owner in reviewing submittals and responding to RFIs. Attend weekly construction meetings. Change in Scope, increase in Schedule, &/or any unforeseen conditions may result in add services. All prior assumptions and scope noted within original and prior approved proposal(s) remain applicable for this additional service proposal unless otherwise updated or noted above. See attached Consulting Engineer’s proposal for their respective Assumptions. EXCLUSIONS (can be provided as an additional service & billed at current SOC, if needed): Preparation of documentation beyond those described above and within this proposal. Additional revisions during CA period. All prior exclusions and scope noted within original approved proposal remain applicable for this additional service proposal unless otherwise updated or noted above. See attached Consulting Engineer’s proposal for their respective Exclusions.EXHIBIT C Cuschieri Horton Architects APC Architecture Planning Interiors 16 September 2021 CHA Add Service 5 - Proposal 2 Cuschieri Horton Architects ● 20 S. Santa Cruz Ave, Suite 108, Los Gatos, CA ● 408.371.8200 PROFESSIONAL FEES: Town of Los Gatos Engineering Building TI and Storage Building Additional Services #5 Fees (4) Month Extended Construction Administration Services CHA – Cuschieri Horton Architects Construction Administration Services $ 21,500 BASE Design Structural Construction Administration Services $ 1,200 Sandis Civil Construction Administration $ 3,000 ACIES Engineering MEP Construction Administration Services $ 3,000 (Add Services): $ 28,700 We propose the following CHA Staff and SOC rates for this project: Project Manager– Dan Cuschieri, Architect, (Hourly rate: $170/hr.) Senior Designer – Ray Bolisay (Hourly rate: $150/hr.) Job Captain – Sanobar Girap (Hourly rate: $135/hr.) CAD drafter (Hourly rate: $115/hr.) Reimbursable Charges: Computed at cost + 10%. AGREEMENT FOR SERVICES: Above noted services will be provided in accordance with the standard AIA agreement, to be provided by CHA. If the TLG has their own agreement, please provide to CHA for review and execution. CHA will proceed with these services following distribution, review and our receipt of TLG signed approval followed by an executed Agreement between CHA and TLG, issued for these services. Services outside this proposed scope of work will be billed hourly per CHA and CHA’s engineering consultant’s current schedule of charges, following Owner approval of such additional work. Thank you for your consideration and approval of this additional work. Please call with any questions. Sincerely Dan Cuschieri, AIA, Principal By signing below, you have acknowledged acceptance of the terms, fees, & conditions of this proposal letter, and authorize Cuschieri Horton Architects to proceed with the proposed services, included with any amendment to the fully executed prime agreement. (Please email signed/executed color copy to CHA) ________________________________________________________________ ______________________ Signature of Owner representative (s) Date ________________________________________________________________ __________________________________________________________ Full Name of Owner representative(s) Cc: Tony Cuschieri (CHA), Kristi Pearce-Percy (CHA), Jeannette Keplinger (CHA) 582 Market Street, Suite 1402 | San Francisco, CA 94104 | T 415-466-2997 | www.BASEdesigninc.com September 15, 2021 Dan Cuschieri Cuschieri Horton Architects 20 S. Santa Cruz Avenue Suite 108 Los Gatos, CA 95030 RE: TLG Storage Building Construction Administration Schedule Cuschieri Horton Architects Project No. 1826 BASE Design Project No. 18174, Add Service #2 Dear Mr. Cuschieri, Per emails from Ray Bolisay of your office sent September 14, 2021, the construction phase of the Storage Building will be extended by four months. This extended construction schedule will require additional time for construction administration. BASE Design proposes to provide the scope of services described above for the new storage building construction at an hourly rate of $150, not to exceed of $1,200 (One Thousand and Two Hundred Dollars). We hope that this add service proposal is acceptable to you. If the fees and terms provided herein are acceptable, this letter can serve as our agreement and our authorization to proceed. Sincerely, BASE Design Katy Briggs, SE 5732 Principal ACCEPTED BY: Cuschieri Horton Architects BY: DATE: BUILD ON. | 1 September 16, 2021 Project No. 218290 Dan Cuschieri Cuschieri Horton Architects 1475 S. Bascom Avenue, Suite 204 Campbell, CA 95008 T: 408.371.8200 E: dan@charch.com RE: LOS GATOS ENGINEERING BUILDING TI ASR #2 – STORAGE BUILDING RELOCATION LOS GATOS, CA Dear Dan, This letter is our amendment to the original proposal dated May 23, 2018 for the above referenced project. The following scope of work is included in this amendment, per the email received on 09/14/21 from Ray Bolisay, Cuschieri Horton Architects: 1. Adjust storage building an additional five (5) feet from property line. 2. Adjust all grading and utility improvements with respect to building relocation. 3. Revise civil plan set to architectural team for town submittal. 4. Respond to one (1) round of town review comments. · Construction Documents – $7,000 · Construction Administration – $3,000 These services will be provided for the sum of $10,000 (Ten Thousand Dollars) and will be performed under the terms and conditions of our original contract. Please return one signed copy of this letter to our Campbell office as your authorization to proceed. Regards, Approved CUSCHIERI HORTON ARCHITECTS Chad Browning, PE, LEED AP, QSD/P By: ____________________________________ Associate Principal Title: __________________________________ Date: __________________________________ Steve Yazalina Project Manager ASR #3 - Extended 4-Month Construction Administration 1. Extended 4-month construction administration. ACIES ENGINEERING 400 N. McCarthy Blvd, Suite 250, Milpitas, CA 95035 phone: (408) 522-5255 fax: (408) 522-5260 info@acies.net AUTHORIZATION FOR REQUESTED ADDITIONAL SERVICES CLIENT: Cuschieri Horton Architects 20 S. Santa Cruz Ave, Suite 108 Los Gatos, CA 95030 Tel: (408) 371-8200 x1121 DATE: 09-15-2021 AUTHORIZED REPRESENTATIVE: Ray Bolisay rbolisay@charch.com PROJECT: Los Gatos Engineering TI 41 Miles Avenue Los Gatos, CA 95030 PROJECT NUMBER: 180541.03 DESCRIPTION OF ADDITIONAL SERVICES: Additional MEP Engineering and Design assistance to provide Construction Administration support services (4 months) for the Storage building. ADDITIONAL SERVICE FEE: Time and Material But Not To Exceed $3,000.00 REIMBURSABLE EXPENSES shall refer to those out-of-pocket costs, expenses, fees, or charges which ACIES incurs on the CLIENT’s behalf. “Reimbursable Expenses” include but are not limited to: - Production of drawings, calculations, etc. - Travel expenses - Shipping and postage - All fees paid to local agencies or government offices on behalf of the CLIENT or the project. Prevailing in-house reimbursable expense rates are as follows: Item Price Reimbursement - Bond 11 x 17 $0.75 Reimbursement - Bond 17 x 22 $1.00 Reimbursement - Bond 18 x 24 $1.00 Reimbursement - Bond 22 x 34 $1.50 Reimbursement - Bond 24 x 22 $1.00 Reimbursement - Bond 30 x 42 $2.75 Reimbursement - Bond 36 x 24 $2.50 Reimbursement - Bond 36 x 48 $4.00 Reimbursement - Vellums $10.00 Reimbursement - Mileage $0.58/mile Reimbursement - Acies Messenger $25.00 Reimbursement - Drawings Delivery Varies Reimbursement - Copies $0.10/sheet LOS GATOS ENGINEERING, 41 MILES AVE. PAGE 2 LOS GATOS, CA 180541.03 400 N. McCarthy Blvd, Suite 250, Milpitas, CA 95035 phone: (408) 522-5255 fax: (408) 522-5260 info@acies.net PREVAILING HOURLY BILLING RATES: Principal $230.00/hr Associate $190.00/hr Project Director $175.00/hr Project Manager $150.00/hr Project Engineer $130.00/hr Designer $115.00/hr REVIT / CAD Operator $120.00/hr Administrator $85.00/hr All terms and conditions from original proposal dated 06-19-2018 apply to this additional service agreement. Reimbursable expenses such as drawing reproduction, copying, fax, travel expenses, long distance telephone and toll calls, shipping, postage & etc will be charged at 1.1 times their cost to Acies. EXECUTION: In witness whereof, the parties hereto have accepted, made and executed this Agreement upon the terms, conditions and provisions above stated, the day and year first above written. SUBMITTED BY: APPROVED BY: ACIES ENGINEERING SRDJAN REBRACA, PE PRINT: PRINCIPAL DATE: DATE: SEPTEMBER 15, 2021 Cuschieri Horton Architects APC Architecture Planning Interiors 14 October 2021 CHA Add Service 6 Rev01- Proposal 1 Cuschieri Horton Architects ● 20 S. Santa Cruz Ave, Suite 108, Los Gatos, CA ● 408.371.8200 14 October 2021 CHA# 1826.06 Matt Morley Director Parks and Public Works Department Town of Los Gatos 41 Miles Avenue, Los Gatos, CA 95030 Project / Location: TLG – Engineering TI and Storage Building 41 Miles Avenue, Los Gatos, CA 95030 RE: Additional Services #6 Rev01 Fee Proposal for Additional Design Services to Relocate the Storage Building Dear Matt, Please find enclosed Cuschieri Horton Architects (CHA) request for approval of additional Architectural and Engineering services for the above noted project. This proposal represents an additional scope of work for relocation of the Storage building, which was not covered within our original project proposal #201832, dated 06/01/18, nor any prior additional design service proposals. SCOPE OF WORK: This added scope of work includes:  Relocate the proposed Storage building 10 feet away from the north property line.  Rearrange HVAC unit for the Storage building due to the relocation of the building.  Adjust grades, elevations, and utility improvements with respect to the relocation of the Storage building.  Redesign parking and ramps in front of the relocated Storage building. Therefore, this fully executed agreement will constitute approval for A/E services expended as noted above, as well as incorporation into the overall permitted project set during CA phase of work. ASSUMPTIONS:  AOR efforts in coordination and preparation of the revised drawings and resubmission to the Town of Los Gatos Building Department.  Change in Scope, increase in Schedule, &/or any unforeseen conditions may result in add services.  All prior assumptions and scope noted within original and prior approved proposal(s) remain applicable for this additional service proposal unless otherwise updated or noted above.  See attached Consulting Engineer’s proposal for their respective Assumptions. EXCLUSIONS (can be provided as an additional service & billed at current SOC, if needed):  Preparation of documentation beyond those described above and within this proposal.  Additional revisions during CA period.  All prior exclusions and scope noted within original approved proposal remain applicable for this additional service proposal unless otherwise updated or noted above.  See attached Consulting Engineer’s proposal for their respective Exclusions. Cuschieri Horton Architects APC Architecture Planning Interiors 14 October 2021 CHA Add Service 6 Rev01- Proposal 2 Cuschieri Horton Architects ● 20 S. Santa Cruz Ave, Suite 108, Los Gatos, CA ● 408.371.8200 PROFESSIONAL FEES: Town of Los Gatos Engineering Building TI and Storage Building Additional Services #6 Fees Relocation of Storage Building CHA – Cuschieri Horton Architects Architectural Design Fee $ 11,900 Sandis Civil Design Fee $ 7,000 ACIES Engineering MEP Design Fee $ 5,500 (Add Services): $ 24,400 We propose the following CHA Staff and SOC rates for this project: Project Manager– Dan Cuschieri, Architect, (Hourly rate: $170/hr.) Senior Designer – Ray Bolisay (Hourly rate: $150/hr.) Job Captain – Sanobar Girap (Hourly rate: $135/hr.) CAD drafter (Hourly rate: $115/hr.) Reimbursable Charges: Computed at cost + 10%. AGREEMENT FOR SERVICES: Above noted services will be provided in accordance with the standard AIA agreement, to be provided by CHA. If the TLG has their own agreement, please provide to CHA for review and execution. CHA will proceed with these services following distribution, review and our receipt of TLG signed approval followed by an executed Agreement between CHA and TLG, issued for these services. Services outside this proposed scope of work will be billed hourly per CHA and CHA’s engineering consultant’s current schedule of charges, following Owner approval of such additional work. Thank you for your consideration and approval of this additional work. Please call with any questions. Sincerely Dan Cuschieri, AIA, Principal By signing below, you have acknowledged acceptance of the terms, fees, & conditions of this proposal letter, and authorize Cuschieri Horton Architects to proceed with the proposed services, included with any amendment to the fully executed prime agreement. (Please email signed/executed color copy to CHA) ________________________________________________________________ ______________________ Signature of Owner representative (s) Date ________________________________________________________________ __________________________________________________________ Full Name of Owner representative(s) Cc: Tony Cuschieri (CHA), Kristi Pearce-Percy (CHA), Jeannette Keplinger (CHA) BUILD ON. | 1 September 16, 2021 Project No. 218290 Dan Cuschieri Cuschieri Horton Architects 1475 S. Bascom Avenue, Suite 204 Campbell, CA 95008 T: 408.371.8200 E: dan@charch.com RE: LOS GATOS ENGINEERING BUILDING TI ASR #2 – STORAGE BUILDING RELOCATION LOS GATOS, CA Dear Dan, This letter is our amendment to the original proposal dated May 23, 2018 for the above referenced project. The following scope of work is included in this amendment, per the email received on 09/14/21 from Ray Bolisay, Cuschieri Horton Architects: 1. Adjust storage building an additional five (5) feet from property line. 2. Adjust all grading and utility improvements with respect to building relocation. 3. Revise civil plan set to architectural team for town submittal. 4. Respond to one (1) round of town review comments. · Construction Documents – $7,000 · Construction Administration – $3,000 These services will be provided for the sum of $10,000 (Ten Thousand Dollars) and will be performed under the terms and conditions of our original contract. Please return one signed copy of this letter to our Campbell office as your authorization to proceed. Regards, Approved CUSCHIERI HORTON ARCHITECTS Chad Browning, PE, LEED AP, QSD/P By: ____________________________________ Associate Principal Title: __________________________________ Date: __________________________________ Steve Yazalina Project Manager ACIES ENGINEERING 400 N. McCarthy Blvd, Suite 250, Milpitas, CA 95035 phone: (408) 522-5255 fax: (408) 522-5260 info@acies.net AUTHORIZATION FOR REQUESTED ADDITIONAL SERVICES CLIENT: Cuschieri Horton Architects 20 S. Santa Cruz Ave, Suite 108 Los Gatos, CA 95030 Tel: (408) 371-8200 x1121 DATE: Revised 10-12-2021 AUTHORIZED REPRESENTATIVE: Ray Bolisay rbolisay@charch.com PROJECT: Los Gatos Engineering TI 41 Miles Avenue Los Gatos, CA 95030 PROJECT NUMBER: 180541.05 DESCRIPTION OF ADDITIONAL SERVICES: Additional MEP Engineering and Design assistance for a proposed revision on the location of the Town of Los Gatos storage building. The scope of work includes: • Move Storage Building away from the northwest property line by 10’-0” per “Additonal Scope - Storage Building Relocation.pdf” sketch. • Relocate HVAC unit and reconfigure ductwork going inside the building. • Ramp and parking areas in front of the storage building shall also move to the proposed location. ADDITIONAL SERVICE FEE: $5,500 REIMBURSABLE EXPENSES shall refer to those out-of-pocket costs, expenses, fees, or charges which ACIES incurs on the CLIENT’s behalf. “Reimbursable Expenses” include but are not limited to: - Production of drawings, calculations, etc. - Travel expenses - Shipping and postage - All fees paid to local agencies or government offices on behalf of the CLIENT or the project. Prevailing in-house reimbursable expense rates are as follows: LOS GATOS ENGINEERING, 41 MILES AVE. PAGE 2 LOS GATOS, CA 180541.05 400 N. McCarthy Blvd, Suite 250, Milpitas, CA 95035 phone: (408) 522-5255 fax: (408) 522-5260 info@acies.net PREVAILING HOURLY BILLING RATES: Principal $230.00/hr Associate $190.00/hr Project Director $175.00/hr Project Manager $150.00/hr Project Engineer $130.00/hr Designer $115.00/hr REVIT / CAD Operator $120.00/hr Administrator $85.00/hr All terms and conditions from original proposal dated 06-19-2018 apply to this additional service agreement. Reimbursable expenses such as drawing reproduction, copying, fax, travel expenses, long distance telephone and toll calls, shipping, postage & etc will be charged at 1.1 times their cost to Acies. EXECUTION: In witness whereof, the parties hereto have accepted, made and executed this Agreement upon the terms, conditions and provisions above stated, the day and year first above written. SUBMITTED BY: APPROVED BY: ACIES ENGINEERING TOMISLAV GAJIC, PE PRINT: PRINCIPAL DATE: DATE: REVISED OCTOBER 12, 2021 Item Price Reimbursement - Bond 11 x 17 $0.75 Reimbursement - Bond 17 x 22 $1.00 Reimbursement - Bond 18 x 24 $1.00 Reimbursement - Bond 22 x 34 $1.50 Reimbursement - Bond 24 x 22 $1.00 Reimbursement - Bond 30 x 42 $2.75 Reimbursement - Bond 36 x 24 $2.50 Reimbursement - Bond 36 x 48 $4.00 Reimbursement - Vellums $10.00 Reimbursement - Mileage $0.58/mile Reimbursement - Acies Messenger $25.00 Reimbursement - Drawings Delivery Varies Reimbursement - Copies $0.10/sheet ATTACHMENT 1 DocuSign Envelope ID: 4AE2EA17-7731-4345-A1D7-F16FF2D5D1AA DocuSign Envelope ID: 4AE2EA17-7731-4345-A1D7-F16FF2D5D1AA DocuSign Envelope ID: 4AE2EA17-7731-4345-A1D7-F16FF2D5D1AA DocuSign Envelope ID: 4AE2EA17-7731-4345-A1D7-F16FF2D5D1AA DocuSign Envelope ID: 4AE2EA17-7731-4345-A1D7-F16FF2D5D1AA DocuSign Envelope ID: 4AE2EA17-7731-4345-A1D7-F16FF2D5D1AA DocuSign Envelope ID: 4AE2EA17-7731-4345-A1D7-F16FF2D5D1AA DocuSign Envelope ID: 4AE2EA17-7731-4345-A1D7-F16FF2D5D1AA DocuSign Envelope ID: 4AE2EA17-7731-4345-A1D7-F16FF2D5D1AA DocuSign Envelope ID: 4AE2EA17-7731-4345-A1D7-F16FF2D5D1AA DocuSign Envelope ID: 4AE2EA17-7731-4345-A1D7-F16FF2D5D1AA DocuSign Envelope ID: 4AE2EA17-7731-4345-A1D7-F16FF2D5D1AA DocuSign Envelope ID: 4AE2EA17-7731-4345-A1D7-F16FF2D5D1AA DocuSign Envelope ID: 4AE2EA17-7731-4345-A1D7-F16FF2D5D1AA DocuSign Envelope ID: 4AE2EA17-7731-4345-A1D7-F16FF2D5D1AA DocuSign Envelope ID: 4AE2EA17-7731-4345-A1D7-F16FF2D5D1AA DocuSign Envelope ID: 4AE2EA17-7731-4345-A1D7-F16FF2D5D1AA DocuSign Envelope ID: 4AE2EA17-7731-4345-A1D7-F16FF2D5D1AA DocuSign Envelope ID: 4AE2EA17-7731-4345-A1D7-F16FF2D5D1AA DocuSign Envelope ID: 4AE2EA17-7731-4345-A1D7-F16FF2D5D1AA DocuSign Envelope ID: 4AE2EA17-7731-4345-A1D7-F16FF2D5D1AA DocuSign Envelope ID: 4AE2EA17-7731-4345-A1D7-F16FF2D5D1AA DocuSign Envelope ID: 4AE2EA17-7731-4345-A1D7-F16FF2D5D1AA DocuSign Envelope ID: 4AE2EA17-7731-4345-A1D7-F16FF2D5D1AA DocuSign Envelope ID: 4AE2EA17-7731-4345-A1D7-F16FF2D5D1AA DocuSign Envelope ID: 4AE2EA17-7731-4345-A1D7-F16FF2D5D1AA DocuSign Envelope ID: 4AE2EA17-7731-4345-A1D7-F16FF2D5D1AA DocuSign Envelope ID: 4AE2EA17-7731-4345-A1D7-F16FF2D5D1AA DocuSign Envelope ID: 4AE2EA17-7731-4345-A1D7-F16FF2D5D1AA DocuSign Envelope ID: 4AE2EA17-7731-4345-A1D7-F16FF2D5D1AA Page 1 of 2 Cuschieri Horton Architects – First Amendment to Agreement for Consultant Services FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES This FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES is dated for identification this 2nd day of March 2021 and amends that certain AGREEMENT FOR CONSULTANT SERVICES dated October 3, 2018, made by and between the TOWN OF LOS GATOS, ("Town,") and Cuschieri Horton Architects (“Consultant”). RECITALS A. Town and Consultant entered into an Agreement for Consultant Services on October 3, 2018 (“Agreement”), a copy of which is attached hereto and incorporated by reference as Attachment 1 to this Amendment. B. Town desires to amend the Agreement to add to the scope of services and provide additional compensation for Design Services and Fire Water Underground Design Services to support tenant improvements (TI) at the Town’s Engineering Building. AMENDMENT 1. Section 2.1 Scope of Services is amended to read: Consultant shall provide services as described in that certain Cost Proposal sent to the Town on October 10, 2020, which is hereby incorporated by referenced and attached as Exhibit B. 2. Section 2.6 Compensation is amended to read: Additional compensation for Consultant’s professional services shall be $16,350, for a total agreement not to exceed $165,350. 3. All other terms and conditions of the Agreement remain in full force and effect. DocuSign Envelope ID: 4AE2EA17-7731-4345-A1D7-F16FF2D5D1AA Page 2 of 2 Cuschieri Horton Architects – First Amendment to Agreement for Consultant Services IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment. Town of Los Gatos by: Consultant by: _______________________________ ______________________________ Laurel Prevetti Town Manager ______________________________ Name/Title Recommended by: __________________________________ Matt Morley Director of Parks and Public Works Approved as to Form: __________________________________ Robert Schultz, Town Attorney Attest: __________________________________ Shelley Neis, MMC, CPMC, Town Clerk DocuSign Envelope ID: 4AE2EA17-7731-4345-A1D7-F16FF2D5D1AA Dan Cuschieri, AIA, Principal Architect 3/10/2021 3/10/2021 3/11/2021 3/11/2021 3/11/2021 Cuschieri Horton Architects APC Architecture Planning Interiors 10 October 2020 CHA Add Service 1 - Proposal 1 Cuschieri Horton Architects ● 20 S. Santa Cruz Ave, Suite 108, Los Gatos, CA ● 408.371.8200 10 October 2020 CHA# 1826.01 Matt Morley Director Parks and Public Works Department Town of Los Gatos 41 Miles Avenue, Los Gatos, CA 95030 Project / Location: TLG – Engineering Building TI & Storage Building 41 Miles Avenue, Los Gatos, CA 95030 RE: Additional Services #1 Fee Proposal for Additional Design Services for Fire Water Underground Design Submittal to Connect to the Proposed Storage Building. Dear Matt, Please find enclosed Cuschieri Horton Architects (CHA) request for approval of additional Architectural and Engineering services for the above noted project. This proposal represents an additional scope of work for Fire Water underground work connection to the proposed Storage Building, which was not covered within our original project proposal #201832, dated 06/01/18, nor any prior additional design service proposals, and a result of the Santa Clara County Fire Department Review comments and requirements. SCOPE OF WORK: This added scope of work includes: Provide plans for a new fire water connection to the proposed Storage Building. Provide supplemental topographic survey of the area showing existing water features (hydrants and valves), locations of utility vaults, manholes, catch basins and invert information of storm and sanitary sewers, underground utility lines such as gas, water, electric, and any onsite utilities. Address 2nd review comments relating to the fire water connection to the proposed Storage Building (Civil comments only). This will require modifications and additional drawings to be issued for the Town of Los Gatos Building Dept for review and approval. Therefore, this fully executed agreement will constitute approval for A/E services expended as noted above, as well as incorporation into the overall permitted project set during CA phase of work. ASSUMPTIONS: AOR efforts in the coordination and preparation of the Fire Water underground drawing revisions for the proposed Storage Building to be submitted to the Town of Los Gatos Building Department review and approval. Change in Scope, increase in Schedule, &/or any unforeseen conditions may result in add services. All prior assumptions and scope noted within original and prior approved proposal(s) remain applicable for this additional service proposal unless otherwise updated or noted above. See attached Consulting Engineer’s proposal for their respective Assumptions. EXCLUSIONS (can be provided as an additional service & billed at current SOC, if needed): Preparation of documentation beyond those described above and within this proposal. EXHIBIT B DocuSign Envelope ID: 4AE2EA17-7731-4345-A1D7-F16FF2D5D1AA Cuschieri Horton Architects APC Architecture Planning Interiors 10 October 2020 CHA Add Service 1 - Proposal 2 Cuschieri Horton Architects ● 20 S. Santa Cruz Ave, Suite 108, Los Gatos, CA ● 408.371.8200  Additional revisions during CA period.  All prior exclusions and scope noted within original approved proposal remain applicable for this additional service proposal unless otherwise updated or noted above.  See attached Consulting Engineer’s proposal for their respective Exclusions. PROFESSIONAL FEES: Town of Los Gatos Engineering Building TI and Storage Building Additional Services #1 Fees Fire Alarm/Fire Sprinkler/Fire Water Underground Submittal CHA – Cuschieri Horton Architects Architectural Design Services $ 8,500 Sandis Fire Water Underground Design Services $ 7,850 (Add Services): $16,350 We propose the following CHA Staff and SOC rates for this project: Project Manager– Dan Cuschieri, Architect, (Hourly rate: $170/hr.) Senior Designer – Ray Bolisay (Hourly rate: $150/hr.) Job Captain – Sanobar Girap (Hourly rate: $135/hr.) CAD drafter (Hourly rate: $115/hr.) Reimbursable Charges: Computed at cost + 10%. AGREEMENT FOR SERVICES: Above noted services will be provided in accordance with the standard AIA agreement, to be provided by CHA. If the TLG has their own agreement, please provide to CHA for review and execution. CHA will proceed with these services following distribution, review and our receipt of TLG signed approval followed by an executed Agreement between CHA and TLG, issued for these services. Services outside this proposed scope of work will be billed hourly per CHA and CHA’s engineering consultant’s current schedule of charges, following Owner approval of such additional work. Thank you for your consideration and approval of this additional work. Please call with any questions. Sincerely Dan Cuschieri, AIA, Principal By signing below, you have acknowledged acceptance of the terms, fees, & conditions of this proposal letter, and authorize Cuschieri Horton Architects to proceed with the proposed services, included with any amendment to the fully executed prime agreement. (Please email signed/executed color copy to CHA) ________________________________________________________________ ______________________ Signature of Owner representative (s) Date ________________________________________________________________ __________________________________________________________ Full Name of Owner representative(s) Cc: Tony Cuschieri (CHA), Kristi Pearce-Percy (CHA), Jeannette Keplinger (CHA) DocuSign Envelope ID: 4AE2EA17-7731-4345-A1D7-F16FF2D5D1AA 1700 S. Winchester Boulevard | Campbell, CA 95008 | T: 408.636.0900 | www.sandis.net SILICON VALLEY TRI-VALLEY CENTRAL VALLEY SACRAMENTO EAST BAY/SF August 12, 2020 Project No. 218290 Dan Cuschieri Cuschieri Horton Architects 1475 S. Bascom Avenue, Suite 204 Campbell, CA 95008 T: 408.371.8200 E: dan@charch.com RE: LOS GATOS ENGINEERING BUILDING TI ASR #1 – SURVEYING & ENGINEERING SERVICES LOS GATOS, CA Dear Dan, This letter is our amendment to the original proposal dated May 23, 2018, for the above referenced project. The following scope of work is included in this amendment: SUPPLEMENTAL TOPOGRAPHIC SURVEY $3,600 Perform a supplemental topographic survey of the area per the attached Exhibit A. Provide field and office work to produce a supplemental topographic survey at a scale of 1" = 20'. This survey will show the location of the underground utility locating paint marks. The location of utility vaults, manholes, catch basins and invert information of storm and sanitary sewers will be shown based upon a field survey. The location of underground utility lines such as gas, water, electric, and any onsite utilities will be shown based upon available agency records and mechanical detection of existing utilities. Existing water features (hydrants and valves) in the area of the proposed POC will also be documented. Mechanical locating services will be provided for detectable utilities using standard locating methods as listed in the California Government Code section 4216 through 4216.9. Depths and sizes of conduits will not be provided unless specifically requested in advance. Empty conduits, irrigation lines, hose bibs and abandoned utilities will also not be located unless specifically requested in advance. A reasonable effort will be made to locate existing subsurface utilities but individual field conditions will dictate the thoroughness of our survey. Only actual excavation will reveal the locations of such utilities. We reserve the right to utilize aerial survey techniques if deemed appropriate for scope and site features. Aerial survey will be supplemented with conventional survey for utility information and survey under trees or areas not visible from above. Aerial spot elevations for aerial survey will be shown to an accuracy of ±0.1 (one tenth) of a foot. ENGINEERING SERVICES $4,250 Provide a utility plan for a new fire water connection to the proposed structure. Submit to San Jose Water for review and approval. Coordinate with the subconsultants. Respond to two (2) rounds of review comments. DocuSign Envelope ID: 4AE2EA17-7731-4345-A1D7-F16FF2D5D1AA August 12, 2020 Project No. 218290 Dan Cuschieri Cuschieri Horton Architects Page 2 1700 S. Winchester Boulevard | Campbell, CA 95008 | T: 408.636.0900 | www.sandis.net SILICON VALLEY TRI-VALLEY CENTRAL VALLEY SACRAMENTO EAST BAY/SF These services will be provided for the amounts listed above and will be performed under the terms and conditions of our original contract. Please return one signed copy of this letter to our Campbell office as your authorization to proceed. proceed. Regards Approved CUSCHIERI HORTON ARCHITECTS Stephen Yazalina By: Project Manager Title: Date: Chad Browning, PE, LEED AP, QSD/P Associate Principal Attachments: Exhibit A DocuSign Envelope ID: 4AE2EA17-7731-4345-A1D7-F16FF2D5D1AA Exhibit ADocuSign Envelope ID: 4AE2EA17-7731-4345-A1D7-F16FF2D5D1AA