CC 04-16-2024 Item No. 9. Moore Iacofano (MIG) Contract Amendment_Desk Item
CITY COUNCIL STAFF REPORT
DESK ITEM
Meeting: April 16, 2024
Agenda Item #9
Subject
Approve a Fifth Amendment with Moore Iacofano Goltsman, Inc. (MIG) to provide
additional design and project management services for the Lawrence-Mitty Park and
Trail Project for a total not-to-exceed amount of $955,403 and extend the contract date
to December 31, 2027.
Recommended Action
Authorize the City Manager to execute a fifth amendment (Agreement #402, P.O.
2022-0325) with MIG to extend the contract term end date to December 31, 2027, and
to provide additional design and project management services on the Lawrence-Mitty
Park and Trail Project, for a revised total and additional service amount of $661,619,
increasing the maximum compensation amount to $955,403.
Background
Some pages in Attachment A needed to be re-scanned. Resubmitting for clarity.
Q1: Did the contract include payment for meals plus 5%? (Chao)
Staff response: The current agreement and approved scope includes allowance for expenditures
occurred for consultant visits to Cupertino. These reimbursement of expenses, include meals
and a 5% mark-up. MIG has not submitted any invoices for meals for this project.
Q1A: Did other contracts of the City also include payment for meals? (Chao)
Staff response: It depends. There are other City contracts that allow for reimbursement of
project-related expenses.
Q2: It is not clear from the staff report why there is a need to increase the contingency
from 10% to 20%. Please provide rationale. (Chao)
Staff response: As noted in the staff report: “A 20% contingency, rather than typical 10%
contingency, is recommended to allow the Project team to address and respond to unknown
issues that may be encountered during the extensive environmental review process.” Other
projects, such as the DeAnza Bike Lanes, involve a more limited scope and minimal
opportunity for increased costs so that no contingency has been included.
Q3: It is not clear from reading the staff report why there is a need to increase the
contract amount. Please provide explanation. (Chao)
Staff response: As stated in the staff report under “Recommended Action,” the proposed
amendment is both for extending the term and additional services to complete the Lawrence-
Mitty project.
While the original agreement scope includes public outreach, environmental clearance, and
design services through the end of Conceptual Design, the proposed amendment would
include future services for preparation of construction design documents, acquisition of all of
the necessary permitting, and construction support through the completion of the project.
Q4: MIG has been paid $341,819 to date, which included extensive community
outreach and developing conceptual designs. The requested additional amount is
$613,584, for "design and project management" for the next phase, not including
construction, which is almost twice the amount paid so far. Why the cost for the next
design phase is much higher? (Chao)
Staff response: The original agreement covered the design phase up to Conceptual Design and
was projected to last one year (Exhibits A and B on pages 86-99 of Attachment A- Draft
contract – Updated). The remainder of the project is estimated to require three years of work
and will include Schematic Design, Design Development, Construction Documentation,
environmental permitting, and approval, and bid and construction administration. As stated
in the staff report, Design and Engineering costs typically fall within 15% to 20% of the
overall project cost. The project budget that remains (after acquisition and annexation of the
property) is roughly $6 million. 15% - 20% of $6million is $900,000 to $1.2 million. The
proposed contract amendment would bring the maximum compensation to this consultant to
$955,403, in alignment with anticipated design costs.
Q5: The cost matrix in the contract attachment is cut off due to the page size, can
we have a replacement” (Chao)
Staff Response: An updated draft Contract is provided.
Attachments Provided with Original Staff Report:
A.Draft Contract - Updated