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2002-032- Authorizing The Town Manager-Executive Director To Execute A Second Amendment To The Agreement For Professional Services In Conjunction With The Design Of The Town PlazaRESOLUTION OF THE TOWN COUNCIL/REDEVELOPIVIENT AGENCY - OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER/EXECUTIVE DIRECTOR TO EXECUTE A SECOND AMENDMENT TO THE .AGREEMENT FOR PROFESSIONAL .SERVICES IN CONJUNCTION WITH THE :DESIGN OF THE TOWN PLAZA RENOVATION PROJECT. WHEREAS, on May 7, 2001., the Town of Los Gatos entered into an agreement with Mesiti-Miller Engineering Inc.,. to perform design engineering services at a cost not. to exceed $78,300 in connection with the Town Plaza Renovation project, in the Town of Los Gatos. WHEREAS, on December 17, 2001,. the Town of Los Gatos entered nto`an .amendment with Mesiti-Miller Engineering Inc., to perform design engineering services :in connection with the Town Plaza Renovation project, in the Town of Los Gatos. WHEREAS, a second Amendment to the Agreement is necessary to include construction inspection, testing services, review of shop drawings, and to answer construction .related questions during the :course of the work which was not included in the original contract for the Town Plaza. NOW THEREFORE BE IT RESOLVED, by the Town Council/ Redevelopment Agency of the Town of Los Gatos, County of Santa Clara, State of California, that the Town of Los Gatos enter into a second Amendment to the Agreement {Exhibit A) for additional consulting services, and that the Town Manager is authorized, and is .hereby directed, to execute a second Amendment to the Agreement. PASSED AND ADOPTED at a regular meeting of the Town Council/Redevelopment Agency of the Town of Los Gatos; California, held on the 18th day of March, 2002 by the following vote: COUNCIL .MEMBERS: AYES: Steven Blanton, .Sandy Decker, .Steve Glickman, Joe Pirzynslci, Mayor Randy Attaway NAYS: None ABSENT: None ABSTAIN: None SIGNED: 1VIAY012/CHAIR OF THE REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST:: _ , CLERK/SECRETARY OF 'T REDEVELOPMENT AGENCY OF THE'TO~~VN OF LOS GATOS LOS GA'T08, CALIFORNIA ~} C°k d ~. 0..3~ ECOND AMENDMENT TO AGRED~ ;NT R ~~`~- ~ ~ ~~3 This SECOND AMENDMENT TO AGREEMENT is entered into this 18th day of March, 2002, by and between the Town of Los Gatos, State of California, herein called "Town," and, and the Redevelopment Agency,. herein called "Agency" and Mesiti-Miller Engineering, Inc. herein called "Consultant:" RECITALS A. Town and Mesiti-Miller Engineering Consultants, Inc. entered into an agreement for engineering consultant services on May 7, 2001 ("Agreement"), a copy of which is attached hereto as Attachment 4 and incorporated herein by reference. B. Consultant will provide construction inspection, review of shop drawings, and answer construction related questions during the course of work. AMENDMENT The Agreement is hereby amended to provide additional work and staff time for this project in accordance with (Attachment 5) to this agreement. 2. All other terms and conditions of the Agreement dated May 7, 2001 remain in full force and effect. IN WITNESS WHEREOF, the Town and Mesiti-Miller Engineering, Inc. have executed this Agreement as of the date indicated on page one (1). Town of Los Gatos, by: Debra J. Fgone, Town Manager/Executive Director by: Mesiti-.Miller Engineering, Inc. Town of Los Gatos ATTEST: Clerk/Secretary ofthe Redevelopment Agency of the Town of Los Gatos, Los Gatos, California :(Signature) ..(Print Name) Approved as to Form: Marian V. Cosgrove Orry P. Korb Town Attorney/General Counsel APPROVED BY DEPARTMENT DATE ^° °°° °~ MES1T1-MILLER ENGINEERING, INC. Civil and Structural Engineering March 14, 20.02 Kevin Rohani, Town Engineer Town of Los Gatos .208 E. Main Street Los Gatos,. CA 95D31 Re: Los Gatos Town Plaza Construction Support Services -Request for Budget Increase No. 2 Town of Los Gatos Project No: 01-07 MME Project No: 101117-2 Dear Mr. Rohani, We are pleased to submit this Amended Request for Budget Increase (RFBi) for the following additional work services in support of the above. referenced .project. Basically, the additional work consists of the following: • Providing support to the Town, the Contractor and the rest of the project team during construction of the improvements as is usual and customary in our profession. In support of the above understanding, we will provide the following additional services.: Attend one pre-construction meeting to answer questions about design intent or about intecpretafiion of the documents and to examine the .contractor's understanding of the .project and its requirements. ` 2. Review requests for change orders as they arise. 3. Prepare .and issue bulletins during construction if needed for clarification of our drawings or specifications. 4. Review submittals and shop drawings, submitted through and checked by the General Contractor, for general compliance with the intent anal requirements of the Construction Documents. Re-review of any submittals requiring resubmittal will be considered .additional work and charged at our then=prevailing Standard Billing Rates. 5. Make six (6) visits to the site to observe the progress of construction and its general conformance to the Construction Documents. 8. Review laboratory test reports for items detailed on the drawings or called out in the specifications. Notify the Town regarding reports indicating non-conforming items. Attachment 5 224 Walnut Avenue, Suite B Santa Cruz, CA 95060 Fax 426-6607 831 426-3186 Mesiti-Miller Engineering, Inc. Proposal for Project No; 1D1117-2 March 14, 2002 ,Page2of2 7. Prepare a final punch list of items not yet satisfactorily completed .and make .one visit to the project site to verify completion of those items. Issue letter of final acceptance. 8. Provide project administration services as needed for this phase of work. The total fee needed to complete the additional services outlined above is $47,594... This additional fee can be broken .down as follows.: Mesiti-Miller Engineering, Inc.. will provide civil and structural engineering services in support of the civil construction. We will also provide overall project .management services ($19.,329). Joni Janecki and Associates will provide landscape ..architecture services in support of the fountain and landscape construction ($11,905). CMS Collaborative will provide mechanical and electrical services in support of the fountain construction($10,100). Testing Engineers, Inc. will provide material testing services for the entire project ($6.,260). Our total fee is summarized below: Current Authorized Contract Amount: $ 189,84D Amount of R1=B1 Number 2: $ 47,.594 Pending Contract Amount: $ 237,434 All provisions of our original agreement are considered to be in full force and effect with respect to these additional services, Respectfully yours, /i ,n / ,~ i / .. ark Mesiti-Miller President Cc: Two to addressee One to contract file F:\Proposal\101117_LG_PlazaPark\101117-1_rfbi1 LosGatos.DOC f:\proposal\spro master.doc Detai~~.~ Breakdown of Engineering Res~.,arce Allocations for the _ Los Gatos Town Plaza Construction Support Services prepared at the request of The Town of Los Gatos MME .Project No: 101117-2 March 14, 2002 .BASIC SERVICES Task Code Prin Engr Engr V Engr iV Engr III Ehgr II Engr I Admin Assist CONSTRUCTION PHASE SERVICES 1 Pre-construction.meeting 34 1 4 5 1 2 Quotation requests., review/change orders for civil items 27 1 4 8 2 3 Issue clarifications 27 1 6 24 2 4 Shop drawing and submittal review 16 2 1.6 8 5 -Site visits a. Make six site visits during construction 6 i 4 8 24 b. Prepare site visit reports. 6 2 12 2 6 Materials testing and inspection 1 a, Review testing and inspection reports 23 2 B b: Initiate appropriate action to those reports, If any 23 1 2 7 Final acceptance 15 4. 4 8 2 8 Project administration services 35 1 4 4 Subtotal of Staff Hours: 12 0 37 0 105 0 22 PROJECT70TALS FOR IN-HOUSE STAFF Hours:' 12 0 37 0 105 0 22 Rater $140 $128 $11'5 $101 $87 $75 $56 Extension: 1680 0 4255 0 9135. 0 1232 Total Estimated Fee for Staff'Hours: $16,302 PROJECT EXPENSES SUBCONSULTANTS Cost Factor 1 Johi L. Janeckie and Associates $11,905 x 1.10 = $13,096' 2 CMS Collaborative $1.0,1'00 x 1,10 = $11,110' 3 Testing Engineers, Inc. $6,260 x 1..10 = $6,886 4 $0 x 1,10 = $0 5 $0 x 1..10 = $0 Total Estimated Fee for Subconsultants: $31,092 IN-HOUSE SERVICES (ALLOWANCES) Qty Cost 1 Photocopies 1000 x 0.10 = $1:00 2 Facsimiles 100 x 1,00 _ .$100' Total Allowance for In-..House. Services: $200 TOTAL ESTIMATED FEE: $47,594 The above breakdown represents our best estimate at this time and may change subject to future developments during the project. It is possible that some of the estimated manpower requirements for specific task items may increase, while .others may not require the entire anticipated effort. This provides us a greater degree of confidence in the overall project estimate, rather than in any given task. H:\SCOPECVL.XLS GFFT.CE OF THE. TOWN CLERK MGR nI. ~ ~J AGREEMENT FOR ENGINEERING CONSULTANT S'E~~iC-- ~ ~~ ~~ ~ o~.n THIS AGREEMENT is entered into this day of r , 2001, by and between the Town of tos Gatos, State of California, herein ca e e own , an X~~ _~- MESITI-MILLER ENGINEERING, INC. engaged in providing CI'~{ ~€;6,',"'.~~;=°IAJ~- consulting services herein. called the "Consultant". RECITALS A. The Town is considering undertaking activities to REHABILITATE THE PLAZA PARK AND CONSTRUCT VARIOUS IMPROVEMENTS WITHIN AND ADJACENT TO THE PLAZA PARK. B. The Town desires to engage a CIVIL ENGINEERING Consultant to provide consulting services in conjunction with DESIGNING THE IMPROVEMENTS AND PREPARING CONSTRUCTION DOCUMENTS., because of Consultant's experience and qualifications ~ perfiorm the desired work. C. The Consultant represents and affirms that it is qualified and wilting to perform the desired work .pursuant to this Agreement. AGREEMENTS NOW., THEREFORE, THE PARTIES HERETO AGREE AS .FOLLOWS: 1. Scope of Services. The Consultant shall provide the following services listed in the "Proposal", dated 3/30101., hereafter referred to as Exhibit A .and incorporated herein by reference.. 2. Time of Performance. The services of the Consultant are to commence upon the execution of this .Agreement and- issuance of a Town purchase order, with completion of the project per the "Schedule of Performance", dated 3130101, hereafter referred to as Exhibit f3 and incorporated herein by reference. 3. Compliance with Laws. The Consultant shall complywith all applicable laws, codes, ordinances., .and regulations of governing federal, state and local laws. Consultant .represents and warrants to Town that it has all licenses, permits, qualifications and approvals ofwhatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to Town that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses., permits, and approvals which are legaily .required for Consultant to practice its profession. Consultant shall .maintain a Town of Los Gatos business license pursuant to Chapter 14 of the Code of the Town of Los Gatos. 4. Soie Responsibility. Consultant shall be responsible for employing or engaging all persons .necessary to perform the services under this Agreement. N:\B&E\LARRY\Plaza Park Design Agrmnt.wpd Page 1 ~f 7 Attachment 4 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 orassembled'by Consultant in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and the Consultant shall not make any of the these documents or information available to any individual or organization .not employed by the Consultant or the Town without the written consent of the Town .before such release. The Town acknowledges that. the .reports to be prepared by the Consultant pursuant to this .Agreement are for the purpose of evaluating a defined. project., and. Town's use of the information contained in the reports prepared by the Consultant in connection with other projects shall be solely at Town's .risk, unless Consultant expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Consultant which is and has been confirmed in writing by Consultant to be a trade secret of Consultant. 6. Compensation. Compensation for all services rendered in connection with this project will be based on time and expenses charged in accordance with the "Standard Billing Rates", dated 1/26/01, hereafter referred to as Exhibit G and incorporated herein by reference. Based on the information availab'leto Consultant at this-time, it is the Consultant's opinion the probable total fee for their services will be approximately $78,300 including reimbursable expenses.. This figure is purely an estimate and is not intended as an upward limit of Consultants billings, which are based on hourly fees and expenses. However, Consultant shall not exceed this figure without the Town's written authorization. Billing shall be accompanied by an explanation of the work performed by whom and at what rate. Also, plans, specifications, documents or other pertinent materials shall be submitted for Town review, even if only in .partial or draft form. 8. 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: Lnvoices: Town of Los Gatos Attn: Accounts Payable P.O. Box 855 Los Gatos, CA 95031 Statements: Town of Los Gatos Attn: Finance'Department P.O. Box 655 Los Gatos, CA 95031 Availability of Records. Consultant shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement. Consultant shall make these records available to :authorized personnel of the Town at the Consultant's offices during business hours upon written .request of the Town. Project'Manager. The Project Manager for the Consultant for the work under this Agreement shall be Mark Mesiti-Miller. Page 2 of 7 9. Assianabtlity and Subcontracting. The services to be performed under this .Agreement are unique and ,personal to the Consultant. No portion of these services shalt be assigned or subcontracted without the written consent of the Town except as follows: The Town consents to Consultant subcontracting Joni L. Janecki and Associates, Inc, (JL.JA) for'Landscape Architectural services as outlined in JLJA's "Proposal for Services by the Landscape Architect", dated 3130101, hereafter referred to as Exhibit'D and incorporated herein by reference. The. Town consents to Consultant subcontracting Paut Rodrigues, Landscape Architect, to review drawings for conformance with Town's pre-approved concept plans as proposed in Exhibit A, The Town consents to Consultant subcontracting Giuliani & Kull, Inc, to perform land surveying services as .proposed in Exhibit A. The Town consents to Consultant subcontracting a fountain designer to design the planned interactive fountain as ,proposed in Exhibit A. Prior to retaining a fountain designer, Consultant will obtain Town's written approval of 'the designer selected. 10. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed :postage prepaid, and addressed to: To Town.: To Consultant: Director of Parks & Public Works Mark Mesiti-:Miller Town of 'Los Gatos Mesiti-.Miller Engineering, .Inc. P.O. Box 949 224 Walnut Avenue, Suite B Los Gatos., CA 95031 Santa Cruz, CA 95060 or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town. 11. Undependent Contractor. It is understood that the Consultant, in the performance of the work and services agreed to be .performed, shall act as and be an .independent. contractor and not an agent or employee of the Town. As an independent contractor 'he/she shall not obtain any .rights to retirement benefits or :other benefits which accrue to Town employee(s). With prior written consent, the Consultant .may perform some obligations under this Agreement by subcontracting., but may not delegate ultimate responsibility for performance orassign or transfer interests under this Agreement. Consultant agrees to testify in any litigation brought regarding the subject of the work to'be performed under this Agreement. Consultant shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such .matters at-its then current hourly rates of compensation, unless such litigation is brought by Consultant or is .based on allegations of Consultant's negligent performance or wrongdoing. Page 3 of 7 12. Conflict of Interest. Consultant understands that its professional responsibilities.are solely to the Town. The Consultant has and. shall not obtain any holding or interest within the Town of Los Gatos. Consultant has no business holdings or agreements with any individual member of the Staff or management of the Town or its representativesnorshall itenter into any-such holdings or agreements. In addition, Consultant warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the Town in the subject of this Agreement, and it shall immediately disassociate itself from such an interest should it discover it has done so and shall., at the Town's sole discretion., divest itself of such interest. Consultant shall not. knowingly .and shad take reasonable; steps to :ensure that it does not employ a person having such an interest in this .performance of this Agreement. If after employment of a person, Consultant discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement., Consultant shall promptly notify Town of this employment relationship, and shall, at the Town's sole discretion, sever any such employment relationship. 13. Equa'I'Employment Opportunity. Consultant warrants that it is an equal opportunity employer and shall complywth app icabie regulations gcwerning equal employmen 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 ormental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment Housing Act. 14. Insurance. A. Minimum Scope of Insurance: Consultant agrees to .have and maintain, for the duration of the contract., General Liability .insurance policies insuring him/her and his/her firm to an amount not less than:: one million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. Consultant agrees to have and maintain for the duration of the contract., an Automobile •Liability insurance policy ensuring him/her and his/her staff to an amount not less than one million do lags ($1;000,000) combined single limit ,per accident for .bodily injury and property damage. iii. Consultant shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Consultant agrees that all certificates and endorsements are to be received and approved bythe 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 suffiicient to insure Consultant for professional errors or omissions in the performance of the particularscope of work under this agreement. Page 4 of 7 B. General Liability: The Town, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed'by or on behalf of the Consultant; products and completed operations of Consultant, premises owned or used by the Consultant. This requirement does not apply to the professional liability insurance required for professional errors and omissions. ii. The Consultant's insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees and volunteers. Any insurance orself-insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town,.its ofi'ICers, officials, employees or volunteers. iv. The Consultant's insurance shall apply separately to each insured :against whom a claim is made ar suit is brought, except with .respect to the limits of the insurer's .liability. C. All Coverages: Eachinsurance policy required inthis item shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty {30) days' prior written .notice by certified mail, return receipt requested., has.been given to the Town. Current certification of such insurance shall be kept on file at all times during the term of this agreement with the Town Clerk. D. In addition to these policies, Consultant shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Town before beginning services under this Agreement. Further, Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees. E. :consultant shall. provide current certification of insurance for each subcontractor approved herein, orthat maybe approved by Town pursuant to this Agreement. Said certifications shall also be kept on file at all relevant times during the term of this Agreement with the Town Clerk. 15. .Indemnification. The Consultantshallsaue, keep and hold harmless indemnify and defend the Town its officers, agent, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be setup because of damages to property or..personal injury .received by reason of, or in the course of ,performing work which may be occasioned by a willful or negligent act or omissions of the Consultant,, or any of the Consultant's ofi'ICers, employees, or agents or any subcontractors. Page 5 of 7 16. 1Naiver. ~Ja-failure on the .part of either. party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this .Agreement constitute a continuing waiver of a subsequent .breach of the same or any other provision of this Agreement. 17. Governing Law. This Agreement, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of Santa Clara. 18. Termination of Agreement. The Town .and the Consultant shall have the right to terminate -this agreement with or without cause by giving not less than 15 days written notice of termination. In the event of termination., the Consultant shall deliver to the Town ail plans, files., documents and reports performed to date by the Consultant. In the eventof such termination, Town shall pay Consultant an amount that bears the same ratio to the maximum contract price asthe work delivered to the Town bears to completed services contemplated underthis Agreement pursuantto Exhibit A hereto,. unless .such termination is made for cause, in which event, . compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in swch termination. 19. Amendment. No modification, waiver,. mutual termination, or amendment of this Agreement is effective unless .made in writing and signed by the Town and the Consultant. 20. Disputes. In any dispute over any aspect of this Agreement, the prevailing party sfiall be entitled to reasonable attorney's fees, 'including costs of .appeal. 21. Entire Agreement. This Agreement, including Exhibits A, B, C, and D attached hereto, constitutes the complete and exclusivestatement of the Agreement between the Town and Consultant. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either .party. Page 6 of 7 IN WITNESS WHEREOF, the Town .and Consultant have executed this Agreement as of the date ..indicated on page one (1). Town of Los Gatos, by: Debra J. igo Town Manager Approved as to form: Consu taut, by; Mark Mesiti-Miller President Mesiti-Miller Engineering, Lnc. ~/ Or P. Korb, Town Attorney Attest: h Magi o ov ,Town Clerk .Page 7 of 7 Mesiti-Mlller Engineering, Inc. Exhibit A • Proposal for Plaza Park MME ProJecYNo: 101117 March 30, 2001 ` Page 1 of 4 Exhibit A PROPOSAL Project Understanding This project basically consists of rehabilitating the Plaza Park and constructing various improvements within and adjacent to the Town Plaza in Los Gatos, California as shown on the conceptual .plan prepared by Paul Rodrigues dated 5/97. Our intention is to use the Rodrigues conceptual ..plan and the Town approved Master Plan for the downtown area as the basis for our design. This work also includes improvements to the intersection of West Main and South Santa Cruz Avenue. Our work will generally .include the land surveying., civil engineering and landscape architectural services necessary to prepare construction documents including plans, specifications and estimates for use in competitive bidding and construction of this project. All surveying services will be subcontracted to Giuliani &'Kull, Incorporated. All landscape architectural services will be furnished by our subconsultant, Joni L. Janecki and Associates. We intend to subcontract with a Town approved fountain consultant for specialized services relating to the proposed interactive fountain. We will also subcontract with Paul :Rodrigues to review and .comment on the Design Development drawing set in an effort to make the .proposed final design .match the creative vision Mr. Rodrigues expressed in the conceptual plan he prepared. Our.work wilt be completed in several phases. A brief summary of the services we intend to provide during each phase follows. Phase One, Part A -Design Development (DD) will generally'begin with an evaluation of the configuration developed during the schematic design phase of this project as represented by the Rodriguez drawing. This task will be followed by development and integration of the design scheme into the existing area and will include .analysis and preparation of pre iminary engineering calculations, drawings and outline technical specifications. The end result of our efforts during this phase will be to prepare and deliver a set of drawings illustrating the plan configuration of the improvements and the details necessary to characterize the proposed improvements along with an opinion of probable cost to construct .all the improvements. These DD drawings will be about 50% complete when compared to the final drawings.. Mesitl-Miller Enyineeriny, Inc. Exhibit A • Proposal for Plaza Park MME Protect No: 101117 March 30, 2001 Paps 2 of 4 Phase Two, Construction Documents wi11 basically consist. of finalizing the details of the design, completing all analysis., preparing the final calculations, drawings, and specifications and coordinating the civil design with the landscape architectural design and fountain designs.. Scope of Proposed Services T.he scope of our services is based on a review of as-built drawings and the conceptual drawing provided by Paul Rodrigues dated 5/97, observations made during a visit to the sites, and discussions with the Town.. Based on this .information, we intend to provide the following basic services:. Phase One, Part A -Design Dev~!opment 1. Prepare this .project understanding, scope of services and estimate of fees. 2. Attend a meeting. with the Town and members of the design team to review and discuss the previously submitted schematic drawings. 3. Subcontract with JLJA to provide the landscape architectural services outlined in their .proposal to us, a copy of which is attached and identified as Exhibit D. Authorize JLJA to proceed with the design development phase services. 4. Subcontract with Giuliani & lull, Inc. to perform a topographic and utility survey within and around the Plaza Park. Authorize surveyor to proceed with .survey .phase of services. 5. Subcontract with a Fountain .Designer {FD) to develop the design of an interactive fountain to replace the existing fountain. Selection of the FD for this .project will be subject to the approval of the Town. Authorize the FD to proceed with the design development phase services. 6. Review the previously prepared schematic design drawings in an effort to identify any conflicts between the various utilities. 7. Attend one additional .meeting, ;participate in telecor-s and otherwise liaison with the Town and members of the design team as may be .required to .accomplish the tasks identified during this phase. S. Develop the design of the selected civil and landscape architectural site improvements. 9. Prepare preliminary civil calculations for earthwork and paving volumes, storm systems, and other portions of the civil site improvements. 10. Prepare and deliver one set of DD progress drawings :defining the proposed site improvements. 'DD drawings will be about 50% complete when compared to the final drawings. `Drawings to be furnished will include: a) 'Site layout plans showing horizontal and vertical control information and relationship of major elements, to scale b) Site drainage plan with inlets, cutlets, prelim pipe sizes and lengths Mesitl-Miller Engineering, Inc. Exhibit A • Proposal for Plaza Park MME Project No: 101117 'March 30, 2001 'Page. 3 of 4 c) • Utility layout plans (water, sewer., electric, etc.) d) A typical site cross section e) Landscape planting and irrigation plans, including interactive fountain f) Key details illustrating the character of the proposed improvements 11. Subcontract with Paul Rodrigues to review and comment on the DD set of drawings for consistency with his original creative vision. 12. Prepare and deliver outline specifications in the Town's standard format. 13. Prepare and deliver an opinion of probable construction costs for the .project represented by the DD drawings and specifications. 14. Provide project administration services as required to perform these tasks. Phase Two -Construction Documents 1. Authorize JLJA and the FD to proceed with the construction document phase services outlined in (heir previously referenced proposal to us. 2. Attend a .meeting with you and other .members of the design team to review and discuss the previously submitted DD drawings and to resolve any identified conflicts between the various disciplines. 3. Attend one .additional meeting. rJarticinate in telecons and otherwise liaison with the Town and rnernbers of the design team as maybe required to accomplish the tasks identified during this phase. 4. Prepare and deliver final civil engineering calculations. 5. Prepare and deliver final drawings sufficiently detailed for use in competitive bidding and for guidance of a qualified, experienced contractor during construction of the proposed improvements. Drawings will be submitted at a 90% level for review and comment by you and. the project team. After receipt of the reviewed 90% drawings, we will complete the design and preparation of 100% level drawings. 6. Establish the inspection and testing requirements for all materials and workmanship. 7. Prepare and deliver. the technical specifications in the Town's standard format. Specifications will be submitted at a 90% level for review and comment by you and the project team. After receipt of the reviewed 90% specifications, we will complete the preparation of 100% level specifications suitable for bidding .and for guidance of a qualified, experienced contractor during construction of the proposed improvements. 8. Assist in obtaining approval of the project by responding to one set of plan check comments. Mesitl-Mlller En9ineerinfl, Inc. ExhibltA -Proposal for Plaza Park MME ProJ~ct No: 101117 'March 30, 2001 Pap• 4 of t 9. Prepare and deliver the final opinion of .probable construction costs for the project represented by our drawings and specifications. 10. Provide project administration services as required to perform these tasks. Addi#ional Work Additional work services are those items which arise as a result of unforeseen circumstances during the project and/or those items which are not specifically mentioned under the .scope of proposed services outlined above. All additional work services will be billed on a time and expense basis in accordance with our then- prevailing Standard Billing Rates. Submittals This proposal anticipates delivering submittals to you for your review and comment at the following points: Design Development Construction Documents 90% Construction Documents 100% f:\proposal\10111 Tlosgatos_exa~arkplaza.doc Exh i-bit 'B Schedule of Performance Town of Los Gatos Plaza Park Rehabilitation March 30, 2001 Milestone Event Completion '.Date Town's authorizafiion to proceed Week 0 Receive survey information Week 3 Review current info, prep AutoCAD base dwgs,'begin design Week 4 Deliver design development drawings to Town Week 11 Town .review of DD dwgs Week 12 Begin preparation of Construction Documents Week 13 Deliver 90% complete CDs Week 20 Town review of 90% CDs Week 21 Deliver 100% complete CDs Week 23 Mesiti-Miller Engineering, lnc. Town of Los Gatos, Plaza Park Rehabilitationand Street.Improvements -MME No.; 101117 Exhibit "B" -Schedule of Performance Page 1 of 1 ^o t t °~~ °a - _ - MESITI-~~M'~ILLER ~ENG~INEERING, LNC. Civil and Structural Engineering Exhibit C Standard Filling Rates Effective January 26, .2001 Office'Personnel Engineer I - $ 75 /hour Engineer II 87 /hour Engineer III 99 /hour Engineer 1V 112 /hour Engineer V 125 /hour Principal Engineer 135./'hour .Expert Witness (4 hour minimum) 195 / flour Court .appearance and .preparation therefor Administrative Assistant 561 flour Field Technician I 70 /hour Field Technician it 90 7 hour Reimbursable Expenses.: Consultants Direct Billing x 1.10 Outside Services Direct Cost x 1.15 Document reproduction, photography, .phone toll charges, delivery charges, equipment rental, and other direct project expenses In-Houae~ Services Photocopies $ 0.10 sheet . Diskettes / CD-R's 2.00 each Blueprints (24" x 36") 3.00 sheet Facsimile transmit/receive 1..00 sheet Repro film 2.00 sheet Plotting -check plots on bond 10.00 sheet -final plots on mylar 30.00 sheet Travel Out-of-County automobile mileage $ 0.35 mile Airfare, Hotel, Car Rental, Meals, etc. Direct Cost x 1.15 Minimum Charge $250.00 f~rnisclbillrate.dx 224 illlalnut Avenue, Suits B • Santa Cruz, CA 95060 • Fax 426-6607 • 831 426-3186 Mesiti-Milli. ;ineering lnc. ~ March .l0, 2001 Los Gatos Town Plaza & Street Intprovemtnts 3.0' SCOPE OF SERVICES A. ' . ~. DESIGN DEVELOPMEN'F:PHASE 1'. The Landscape Architect•shall attend one (1) kick off meeting . with the Owner's Representative to confirm. the project goals and: objectives of the site~design (already conducted). . 2. The Landscape Architect shall review .the existing site Master Plan and further .develop the design to include :improvements to the . paving, landscaping, lighting, site furnishings' and general site design. The Landscape Architect-shall coordinate this work with the Civil Engineer. - ; 3. The Landscape Architect shall briefly research:the historical . context of. the Plaza area for design development.. 4. The Landscape Architect shall ,prepare schematic design concepts for an interactive fountain design and .coordinate this work with a Fountain Consultant. The. fee for the. Fountain Consultant is IIQi included in this fee proposal.. ~ ~ ' 5: The Landscape Architect shall coordinate with a Certified Arborist for consultation for the existing trees on the .project site. Time for theconsultation. is included in this proposal: 6. T.he Landscape Architect shall develop two to three schematic .design options for.the inclusion of restroomsand a..storage area to~ ~tlie existing bus shelter and explore one other location within the Town Plaza. ' . 7: The Landscape Architect shall present the Design Development 'plan to ~ the Owner for' review. and comment. 8. This phase includes time for one (1) 'meeting. with the Owner .and other. members of the design team to'review~, discuss, and 'coordinate the design. Additional meetings will be billed~on an .hourly basis as requested- by the Owner. (Refer to Item 5.0 Fee Schedule for hourly rates). B. ' CONSTRUCTION. DOCUMENT PH~ST ~. 1. Upon receipt of written authorization from the Owner to. proceed, ~ the Landscape Architect shall prepare the construction documents., including Working. Drawings and Specifications setting forth in ' - detail. the requirements;:for the construction of the project. .Joni L Janecki & Associates, Inc. ~ Z Mesiri-Mille( ;ineering Inc. ~ ~ March .~0, 200.1 Los Gatos Town Plaza & Street Improvements 2. The Landscape Architect shall complete planting plans and details - . - for all areas to receive. landscaping. The planting plan shall include sizes, location, spacing. and extent of individual materials. 3. The ,Landscape. Architect •shall~ design an automatic irrigation system ro coordinate with the planting plans for all:planting areas within the scope of-[his project.. • . ~ ~ 4. -The Landscape Architect .shall complete ,paving construction and layout plans including the main plazas and courts, .raised planters, borders, ramps .and guardrails within the bounds of the Town sidewalk. Sidewalks and paving adjacent. to the sidewalks shall be • included in the Civil Engineer's scope.of service. This proposal . does not include Civil Engineered profiles, plans .and . speoiFcaflons. 5. The L' andscape• Arcliitect•shall locate in.plan, specify, and detail . site amenities (freestanding :planters, lighting fixtures, benches, . • ~ bicycle;racks,. trash .receptacles, etc.). ~ ~ , 6. The. Landscape Architect shall coordinate with and include plans, ' details and specifications .for an interactive .fountain prepared by • ~ the :Fountain Consultant. The Consultant's design •time is not • ~ included in this fee proposal. '7. The Landscape Architect shall provide the Civil Engineer with two (2) sets of plans'and specifications ai 94°b .and 140°rb :completion.. ~ ~ ~ ' • ~ 8. The Landscape Architect shall prepare a .preliminary estimate of probable cost based upon ahe 100%. Construction :Documents. . 9.~: This Fee Proposal does-not include the fee-.for the construction document phase for the restrooin/storage option if one is'selected. 10: This phase includes time for two meetings with the Owner and •. . , . other members of the desi:gn~~team to .review and discuss the design.' Additional meetings will'be billed~on an hourly basis as . . . requested by the Owner. (Refer to Item 5.0 Fee Schedule for - hourly rates). •~.. r C.' BIDDING PHASE -Not. included in this proposal D. .CONSTRUCTION OBSERVATION AND ADhIINIST1xATION OF THE' CONSTRUCTION CONTRACT -Not included in .this proposal• ~. -, Joni .~ Janecki & Associates, Inc. j Mesiti-Miller E leering Inc. ~ MarcK 30, 2001 Los Gatos Town Plaza & Street Improvements E. -ADDITIONAL SERVICES 1. The Landscape. Architect shall consider the following items as additional services. These services shall be pre-approved by ' NIlV1E~ prior to commencement of work... a. ,Providing planning surveys, soil testing and laboratory results, . site investigations or taking measurement of existing . construction as required for planning additions or alterations - if adequate drawings are not available. ' ~ b. ~ Revising Construction documents and previously approved ' ~ Preliminary Design .Documents to accomplish changes not initiated by the~Landscape Architect:.This includes revisions for the purpose. of value engineering and addenda after . completion of a sufficient portion of the Construction • ~ Document phase. . .. ~ c. Assisting the Owner with the Bidding i?hase and .completing . any Construction Observation and Administration services. d. Preparing deductive or no-cost change orders :and supporting data. e. Providing consultation concerning, replacement of any work damaged by Fire or other cause .during construction, and furnishing professional services of the type which maybe ' ~ required in connection with the replacement of such work. ' f. ~ Providing professional.services made necessary by the Contractor in the perfornnance of the Construction Contract. .. . ~ g. Providing consulting and :engineering services other than Normal Consulting and Engineering services, and as otherwise ,~ ~ noted in this proposal. ' h. All significant changes to the AutoCAD' base, design or fomnat . ~ .after substantial completion of the Prelminary Design .phase ' ~ which result in repetition of.work by the Landscape Architect • . will 'be considered additional .service and billed at an hourly . rate, as..pre-approved by the Ov~ner: ~ .. i. All changes to.the design;as a-result of .,program or other revr$ions.aftercompl~tion of the Preliminary Desig~.Phase ' ~ .will be considered~additional service and~billed at an hourly .. ~ rate,. as approved by the Owner. Joni L Janecki & Associates; Inc. ~ ~ 4 Mesiti-Miller ( ineering Inc. ~' March J0, 2001 Los Gatos Tow;. Plaza' & Street lmpmvements . ~ , 4.0 ADMINISTRATIOr1 ' A. ~ .The Landscape Architect'shall maintain regular contact with the Owner and other involved.parties in the interest of coordiaatinginformation. B. Prior to selecting and engaging with other consultants, the Landscape Architect shall obtain approval from the Owner. C. The owner shall provide the Landscape Architect with computer disks . • containing base .information including survey and elevations, utility lines, and any pertinent information relating to the project such as plans or studies prepared by other consultants or agencies for purposes of • coordination. D. ~ Termination°of the Contract:. a.: Prompt notice of termination shall be provided, in writing, to the . Landscape Architect ~ ~ ~ . . ~ b. if the contract is to be terminated or the Project is abandoned in any . ~ ~ ~ stage of Fits development, theLandscape Architect shall be entitled to~~ ' just. and equitable compensation. for all services performed in the .Owner's behalf np to the time of such notification. c. Neither party shall assign nor transfer its .respective interests herein to a third .party without written. consent of the other. d. All questions in dispute under .this contract shall be :submitted to arbitration• aC the choice of .either party in accordance with the rules of the American .Arbitration Association. Judgment upon any award rendered may be, entered in any court having jurisdiction. . e. Reports, Drawings and Specifications as .instruments of service are, the .property of the Landscape Architect, and are not to be used on other ' ~ work except by written agreement with the Landscape .Architect. E.. Landscape .Architects are regulated by the.State of Califortia: Any • ~ questions concerning a L• andscape Architect may be referred to the ~. • Landscape Architects Technical Comtnittee~ at: . ' . ~ Landscape Architects Technical Committee 400 R Street, ..Suite 4000 . " ~ . • Sacramento;•CA 95814 "~ {916) 445-4954 ~ . SA ~ ~ FEE SCHEDULE A. .1'ROFESSIONAi. FEES: The fees :for each. phase aie based on ~a fixed ' 'fee not to exceed the said~amount.without prior approval by NII1~IE... . ~ ~ ~ Design Development Phase ~ ~ , . . $ 6,500_. ' Schematic Study for.Restrooin Option $, 1,500 Joni L Janeeki & Associates, lne. 5 Mesiti-Mill ; . oineering Inc. ~ ~ March 30, Z00/ .Los GatPS Town Plaza do Street Improvements .. - : _; Contract Document Phase $16,200 ~~,btotal ~ ~ $24.204 .1ZEIl12BURSABLE COSTS: Specialty: consultants as pre-.approved. by the Owner, soil testing and analysis recommendations, costs for reproduction ' ~ of drawings, photo costs, photo-copying, long-distance ~telephone.calls, postageY travel costs, and auto mileage at the rate of 34 cent per rn~e (IRS rate), andpermit costs and'fees are not part of this proposal and.are . reimbursable to the Landscape Architect upon documentation, plus 1090. Reimbursable cost allowance ~ ~ $ 1,200 (calculated at 5% of total fee, billed at~cost plus 10% administration) TOTAL .FEE: $25,400 ~S~CHEDULE OF COMPLETIpN: The schedule shall be an "Exhibit" of. .thin..Agreement. The.Landscape Architect shall make, a.reasonable effort . to meet the schedule;. however, the Landscape Architect assumes no responsibility for. delays beyond the Landscape Architect's control (such= ' as Environmental approvals permitting, Agency :reviews, Owner related' •. issues}. S:. ~ .PAYMENT: Billing shall be on a~monthly basis, based on an hourly . accounting of time. Terms: Ne.C thirty (30) .days. . ~ C.. HOURLY FEE SCI~EDULE> ~ ~ . . Principal $125:00/hr. ' . Landscape Architect ~ $95.00/hr. • . .Project Manager/Designer $85:00/hr. . ~ .Draftsperson . ~ $65.00/hr. ~ • CIerical $45;00/hr. ~ ' ,Thin proposal is valid for forty-f ve {45~ days.' Acceptance of.this proposal, by .the Owner, shall be indicated by signing below and .returning the original . proposal to .the office of Joni L. Janecki .and Associates, Inc.' . Respectfully submitted, JON11,.,JANEQ~£I'.&/~.S~<Ch~TES, INC. Ioni L. J; Signature. of Approval:. - ~ Authorized Representative . o.prl.MhIIvt.LosGatosTo~xnPlaza (FD) Date . Joni I: Janecki & Associates, lnc. ~ ~ ~ 6 i March 30, .2001 EXHIBIT D PROPOSAL FOR SERVICES BY THE LANDSCAPE ARCHITECT . 1:0 INTRODUCTION A.. The following document is subnutted to Mark Mesiti-Miller as a proposal to provide design services for the Los Gatos Town Plaza and adjacent intersection of Santa Cruz Avenue .and Broadway located is Los Gatos, . California. 2.0 GENERAL INFOR'i%IATTON A. OWNER: Town of Los Gatos Department of Public Works Larry Perlin, Director of Parks & .Public Works 41 `Miles Avenue Los Gatos, California B. CTVII. ENGINEER Mesiti-Miller Engineering Inc. .224 Walnut Avenue Santa Cruz; CA~ 95060 . ~ ($31) 426-3186 Phone . (831) 426-6607 Fax C. LANDSCAPE ARCHITECT: Joni L. Janeeki & Associates, Inc.. 303 Potrero Street, Suite 16 Santa Cruz, California 95060 (831) 423-6040 Phone (831.) 423-6054 Fax D. PROJECT DESCRIPTION: The Landscape Architect shall provide Design Development and Construction Documents for the project identified in1.0A. T'he design development is to be based on the previously development Master Plan for the Town Plaza that liar been approved by the Town. The Design. Development phase will also: include schematic design studies for .incorporating restrooms and~storage into the.exsting bus shelter. 831.443.6040 FAX 831.443.6054 303 POTRERO STREET, SVfTE 16 SMJT~ CRVZ GLIFORNIA 95000 U l~ndtupt /vdiNed lJaros 3101 IONI L.IANECKI b ASSOCIATES, INC. AMENDMENT TO AGREEMEN~~ ~~r FICE OF ~ HE TOWN CLERK AGR D/, .-~ / This AMENDMENT TO AGREEMENT is entered into~~ December 2001, by and between the Town of Los Gatos, State o~~ ' "Town," and, Mesiti-Miller Engineering, Inc. herein called "ConsultantR'EC ,.~s~ ~U~/ - /~/ RECITALS A. Town and Mesiti-Miller Engineering Consultants,. Inc. entered into an agreement for engineering consultant services on May 7, 2001 ("Agreement"), a copy of which is attached hereto as Attachment 4 and incorporated :herein by reference. B. Consultant provided additional staff time to meet with Town staff and the proj ect Work Group .regarding the project work plan for the Town Plaza Renovation project. C. .Additional services to design an electrical outlet system for the Plaza not inthe original contract. D. Additional design work added to the project at the December 3, 2001 CounciUAgency meeting. AMENDMENT 1. The Agreement is hereby amended to provide additional .design work and staff time for this project in accordance with Attachment 2 to this agreement. 2. All other terms and conditions of the Agreement dated May 7, 2001 remain in full force and effect. IN WiTNESB WHEREOF, the Town and Mesiti -Mi 11 er, Lnc . have executed this Agreement as of the date indicated on page one {1). Town of Los Gatos, by: Mesiti -P?i 1 i eer Inc . by: {Signature) Debra Fr one, Town Manager ' /ll,~n~~ ~~~s~ .~ - /171 Lc~~n~ Town of Los Gatos (Print Name) Approved as to Form: ATTEST: Clerk of the To Los Gatos, ~` Los atos, a ' ornia ~~ 0 t~.. _ ~~~ Orry .Korb, Town Attorney Town Clerk 'Jan, 1402 03: 48p Mes i t Miller End 831 4..26 bbU'I (~ M••iti-MIUK En9ineerinp, Inc. .Attachment 2 - Amendment to Apr•ementior Ptaza Park MME Project No; 101117 -. - January 2, 2002 Page 1012 ATTACHMENT 2 Allnendlment to Agreement 01.201 We are pleased to submit this Amendment forthe following additional work services'in support of the Town of Los Gatos Plaza'Park Rehabilitation project. Basically, the additional work consists of the following: • 1Nork with the Town to further develop the park master plan and conceptualize the interactive fountain envisioned in the previous conceptual master plan prepared by Paul Rodrigues,. As you know, further development of the previous master plan and conceptualizing the interactive fountain was not included in the original scope of work. As you know., we .have already and we continue to work with the Town in this regard. Thus farwe have attended several additional meetings, studied and advised on selected design elements, and .produced sketches and drawings of the park master plan and interactive fountain for review by all parties. • The updated park master plan and fountain concept drawings approved by the Town Council on December 3, 2001 will be used to create a set of construction documents facilitating construction of the concepts.. • Devtaop and engineer an electrical outlet design for the entire park. The design will incorporate electrical outlets strategically located throughout the park to provide for tree .lighting and other user activities. Particular attention will be given to electrical outlet needs in the area used for the .portable stage. Provide final construction documents as needed #o construct this work. • Develop and engineer an audio system for the entire .,park. The design will incorporate outdoor rated speakers strategically placed throughout the park to provide thorough audio coverage, Speakers will be hard wired tv a panel attfie'bus stop, A portable microphone unit and receiver will connect to the .panel for audio broadcasting within the park. Final construction documents will include additional mechanical and electrical design work performed by CMS Collaborative; additional landscape design work performed by Joni Janecki and Associates, additional electrical design work.performed by Central Pacific Engineering., additional .audio design work performed by Thorburn Associates, and additional civil engineering site work performed by us. In support of the above understanding, we will provide the following additional services: 1. Attend eleven public meetings, participate in telecons and otherwise liaison with the Town and members of the design team as may be required to accomplish the tasks identified during this phase. 2, Conceptualize a modern interactive fountain. 3. Develop and prepare an updated .master plan drawing of the park. 4. Prepare construction documents for the interactive fountain. p.e Jan 14 02 03:49p Mesiti Miller En6 831 426 6607 p.3 ~- ~: Mosltl-MfIIK En~ir~iny, inc. Attachment 2 - Amerxtmsrtt to Apnwmer~t for Plaza Perk _ _ MME Protect No: 101117 January 2, 2002 Pape 2 of 2 5. Prepare construction documents for an electrical plan. 6. Prepare construction documents for an audio system. The total additional fee. needed to complete the additional services outlined above is $111,540. This additional fee can be broken down as follows: Mesiti-Miller Engineering, Inc. will provide .civil :and structural engineering services in support of the fountain design and .master plan development. We will also ;provide overall project management services ($28,460). Joni Janecki and Associates will ,provide landscape architecture services in support of the fountain design and master plan development ($16,770). . CMS CoNaborative will .provide mechanical and electrical design services for the fountain .($46,390). Central Pacific'Engineeringwlll provide electrical engineering services in support of the park electrical system ($11,520). Thorbum Associates will provide audio engineering services in support of the wireless microphone system ($8.,400). Our total fee is summarized .below: Current Authorized Contract Amount: $ 78,300 Amount of RFBI Number 1: $ 111,540 Pending Contract Amount: $ 189;840 .Alf provisions of our original agreement are considered to be in full force and effect with respect to these additional services.