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1997-022-Execute An Agreement With Nichols Consulting Engineers For Street Resurfacing Consulting Services For A Contract Amount Of $40,000RESOLUTION 1997 -22 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH NICHOLS CONSULTING ENGINEERS FOR STREET RESURFACING CONSULTING SERVICES FOR A CONTRACT AMOUNT OF $40,000 RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the Town of Los Gatos enter into an agreement with Nichols Consulting Engineers for street resurfacing consulting services for a contract amount of $40,000, and that the Town Manager is authorized, and is hereby directed, to execute said contract/agreement attached hereto and incorporated by reference as Exhibit "A" in the name and on behalf of the Town of Los Gatos. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 17th day of March, 1997 by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Jan hutchins, Linda Lubeck, Mayor Joanne Benjamin. NAYS: None. ABSENT: None. ABSTAIN: None. ` SIGNED: M YOR OF THE TO O LOS GATOS OS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA AGREEMENT FOR STREET RESURFACING CONSULTANT SERVICES THIS AGREEMENT is entered into this day of , 19 , by and between the Town of Los Gatos, State of California, herein called the "Town ", and NICHOLS CONSULTING ENGINEERS, engaged in providing STREET RESURFACING consulting services herein called the "Consultant ". RECITALS A. The Town is considering undertaking activities to RESURFACE SEVERAL MAJOR ARTERIAL STREETS. B. The Town desires to engage a STREET RESURFACING Consultant to provide consulting services in conjunction with THE TESTING OF EXISTING STREET SECTIONS AND RECOMMENDATIONS FOR STREET RESURFACING AND PAVEMENT DESIGN. C. The Consultant represents and affirms that it is qualified and willing to perform the desired work pursuant to this Agreement. AGREEMENTS NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Scope of Services. The Consultant shall provide the following services listed in Attachment 1, which is attached hereto and incorporated by reference. 2. Time of Performance. The services of the Consultant are to commence upon the execution of this Agreement with completion of the program by September 1, 1997 3. _Compliance with Laws. The Consultant shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Consultant represents and warrants to Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to Town that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession. Consultant shall maintain a Town of Los Gatos business license pursuant to Chapter 14 of the Code of the Town of Los Gatos. 4. Sole Responsibility. Consultant shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement, not including any and all agents, employees, representatives of Town necessary to advise Consultant on answers to information necessary to perform fully any tasks undertaken under Town's contract or to facilitate Consultant's full performance herein. Revised April 24, 1996 Page 1 of 6 N: \B&E\AGREEMTS \MCHOLS.AGR Exhibit A G �J Information /Report Handling. All documents furnished to Consultant by the Town anc all reports and supportive data prepared by the Consultant under this Agreement are the Town's property and shall be delivered to the Town upon the completion of Consultant's services or at the Town's written request. All reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and the Consultant shall not make any of the these documents or information available to any individual or organization not employed by the Consultant or the Town without the written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the Consultant pursuant to this Agreement are for the purpose of evaluating a defined project, and Town's use of the information contained in the reports prepared by the Consultant in connection with other projects shall be solely at Town's risk, unless Consultant expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Consultant which is and has been confirmed in writing by Consultant to be a trade secret of Consultant. 6. Compensation. Compensation for Consultant's professional services shall not exceed $40,000 without prior written approval from the Director of Building and Engineering Services; and payment shall be based upon Town approval of each task. Billing shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specifications, documents or other pertinent materials shall be submitted for Town review, even if only in partial or draft form. 7. Availability of Records. Consultant shall maintain the records supporting this billing for not less than three (3) 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. 8. Project Manager. The Project Manager for the Consultant for the work under this Agreement shall be Ms. Margot Yapp, P.E. 9. Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Consultant. Except as provided in the proposal from Consultant dated January 10, 1997, and amended February 7, 1997, no portion of these services shall be assigned or subcontracted without the written consent of the Town. 10. Notices. Any notice required to be given shall be deemed to be duly and properly given on the date of mailing if mailed postage prepaid, and addressed to: To Town: Scott R. Baker Director of Building and Engineering Services Town of Los Gatos 110 E. Main St. Revised April 24, 1996 Page 2 of 6 N: \B &E\AG REEMTs \MCHGLs.AGR Los Gatos, CA 95032 Fax: (408) 354 -7593 To Consultant: Ms. Margot Yapp, P.E. Nichols Consulting Engineers, Chid. 104 Walnut Ave., Suite 201 Santa Cruz, CA 95060 Fax: (408) 469 -4589 or sent by fax telecopier to the mutual parties or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town. 11. Independent Contractor. It is understood that the Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the Town. As an independent contractor he /she shall not obtain any rights to retirement benefits or other benefits which accrue to Town employee(s). With prior written consent, the Consultant may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Consultant shall be compensated for its costs and expenses including attorney's fees in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Consultant or is based on allegations of Consultant's negligent performance or wrongdoing. 12. Conflict of Interest. Consultant understands that its professional responsibilities is solely to the Town. The Consultant has and shall not obtain any holding or interest within the Town of Los Gatos. Consultant has no business holdings or agreements with any individual member of the Staff or management of the Town or its representatives nor shall it enter into any such holdings or agreements. In addition, Consultant warrants that it does not presently and shall not knowingly acquire any direct or indirect interest adverse to those of the Town in the subject of this Agreement, and it shall immediately disclose such an interest to Town should it discover it has done so, and shall, at the Town's sole discretion, divest itself of such interest. Consultant shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person, Consultant discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant shall promptly notify Town of this employment relationship, and shall, at the Town's sole discretion, sever any such employment relationship. 13. Equal Employment Opportunity. Consultant warrants that it is an equal opportunity Revised April 24, 1996 Page 3 of 6 N: \B&E\AGREEMTS \NICHGLS.AGR employer and shall comply with applicable regulations governing equal employment opportunity. Consultant does not discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act. Consultant shall not knowingly hire any subcontractors who engage in any employment discrimination as regulated by governing law. 14. Insurance. A. Minimum Scope of Insurance: I. Consultant agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than: one million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. ii. Consultant agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his /her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. Consultant shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Consultant agrees that all certificates and endorsements are to be received and approved by the Town before work commences. iv. Consultant agrees to have and maintain, for the duration of the contract, professional liability insurance in amounts not less than $1,000,000 which is sufficient to insure Consultant for professional errors or omissions in the performance of the particular scope of work under this agreement. B. General Liability: I. The Town, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of Consultant, premises owned or used by the Consultant. This requirement does not apply to the professional liability insurance required for professional errors and omissions. ii. The Consultant's insurance coverage shall be primary insurance as respects Revised April 24, 1996 Page 4 of 6 N: \B&E\AGREEMTS \NICHOLS.AGR the Town, its officers, officials, employees and volunteers. Any insurance or self- insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or volunteers. iv. The Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. C. All Coverages: Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, canceled, 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. 15. Indemnification. The Consultant shall save, keep and hold harmless indemnify and defend the Town its officers, agent, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of the Consultant, or any of the Consultant's officers, employees, or agents or any subconsultant. 16. Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement. 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 or Municipal Court of the County of Santa Clara. Revised April 24, 1996 Page 5 of 6 N:1B &EW GREEMTS\MCHOLS.AGR 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 fifteen (15) days written notice of termination. In the event of termination, the Consultant shall deliver to the Town all plans, files, documents, reports, performed to date by the Consultant. In the event of such termination, Town shall pay Consultant an amount that bears the same ratio to the maximum contract price as the work delivered to the Town bears to completed services contemplated under this Agreement pursuant to Exhibit A hereto, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination. 19. Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Consultant. 20. Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, as well as costs not to exceed $7,500 in total. 21. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the Agreement between the Town and Consultant. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party. IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement as of the date indicated on page one (1). Town of Los Gatos David W. Knapp, Town Manager Town of Los Gatos ATTEST: Clerk of the Town of Los Gatos, Los Gatos, California Marian V. Cosgrove, Town Clerk Revised April 24, 1996 N: \B&E VAGREEMTS\NICHOLS.AGR Consultant: Print Name Title Approved as to Form: Natalie West, Interim Town Attorney Page 6 of 6 03/06/1997 14:54 4084694589 NICHOLS CONS. ENGRS. PAGE 07 Pavement Rehabilitation Recommendations for Town of Los Gatos Scope of Work PRO/ CT UNDERSTANDING It is NdE's understanding that the Town of Los Gatos quires pavement engineering and design service i for the street sections listed in Table 1. Briefly, there are three (3) streets and three (3) interseclions to be included in the scope of work. The th}ce street sections (see Table 1) are approximately 19,400 feet long and range from 2- lane to 4-lane streets. It is also our understanding that the 'Town requires a pavement rehabilitation design for this project. Additionally, the Town require technical specifications for the rehabil' tion recommendations. i NCE's {approach to this project is based on the following tasks. Each work task is described in further Oetail below, PROJ IiCT APPROACH Task d: Deflection Testing NCE dill perform deflection testing using a Dynate 8000 Falling Weight Deflectometer (F WD) at has been recently calibrated with the Caltrar1' Dynaflect. Test procedures will be in accordkice with Calttans Test Method 356. A 9,000 pound load will be applied to simulate the effects bf a dual tire truck load (standard 18 -kip axle). Briefly) all travel lanes will be tested at 100 foot interva s, and staggered at 50 foot intervals. The FWD i equipped with an arrow board and only one lank will be tested at any one time. Typically, the FWD will be stationary for less than one lehob 1W nneer g ngIneens. Chtd. Attachment 1 minute at any one spot A total of 650 deflections will be taken on this project. This will require 3 days of FWD testing. Task B. Coring Services In order to perform overlay designs, it is necessary to determine the thickness and material types in the existing pavement structure. Typically, streets that have been widened will have different structural layers on the outside lanes as compared to the inside lanes. Therefore, NCE will perform coring services on all pavement sections. A total of 45 cores will be required. Typically, one core is taken every 1,500 lane -feet. This is approximately 4 days of coring. A four -inch diameter core will be removed at locations to be determined by NCE, and the core holes will be patched with a quick cure concrete. Note that if the Town has recent data on the structural sections, cores will NOT be necessary. Task C. Traffic Control NCE will be responsible for all traffic control necessary to perform Tasks A and B. Warning signs will be placed at the beginning and end of each section, and arrow boards and flagmen will be utilized as appropriate. Task D: Condition Surveys NCE will also perform a more detailed condition survey of the pavement. This information is necessary to assess the structural integrity of the Page 1 03/06/1997 14:54 4084694589 NICHOLS CONS. ENGRS. Pavement Rehabilitation Recommendations for Town of Los Gatos Scope of Work h WO Attachment t pavement and identifying appropriate and/or prepared for the City of Oakland. Samples of the rehabilitation alternatives. The condition survey types of data collected and the results of the will identify distresses such as fatigue cracking, analyses performed are shown in that report. longitudinal and transverse cracking, rutting, patches and utility cuts, distortions and As part of the pavement design, NCE will include depressions, and weathering and raveling. Their recommendations such as, but not limited to, the severity s and locations will be noted and following: summaized in NCE's report. The inf rmation available will cover 1000/6 (note that th4 PMS data only samples 10% of the sectionk the travel lanes, including left and right turn lines, and will be summarized at 100 foot intervals. This itlformation will be critical to NCE's pavem t recommendations with regards to answer�g questions such as: • ' Will base repairs be required? If so, how -much? 'Will geotextiles be required? In what locations? • 'Is edge milling required? How much crack sealant will be required? i Task li: Data Analysis and Final Report NCE w I analyze all deflection data in accordance with Ca trans Test Method 357, together with the results 6f the condition surveys and the coring data. ' Attachment 2 contains a sample report that was lehola �onaulting ly � n01ne®ro, Chtd. • Use of modified mixes such as rubberized asphalt concrete Types of asphalt cement to be used in asphalt concrete mixtures e.g. polymers • Milling requirements • Use of crack sealants • Use of pavement geotextiles • Recommendations for failed areas (digouts) • Recommendations for intersection approaches • Recommendations for underlying PCC pavements as appropriate. In addition, NCE will prepare technical specifications required for report recommendations. Some examples of specifications would be: • Asphalt concrete • Asphalt cement • Rubberized asphalt concrete Milling • Geotextiles Tack and prime coats • Crack sealants Particular attention will be paid to the following issues of concern: Page 3 m 03/06/1997 14:54 4084694589 NICHOLS CONS. ENGRS. PAGE 09 Asam followb :i As an electro All re Attachment 1 Pavement Rehabilitation Recommendations for Town of Los Gatos Scope of Work ;Mix design Town necessary to facilitate Consultant's 'Compaction requirements performance under this Contract. Inspection requirements �nimurn, the final report will include the Results of NDT testing and coring Results of Condition Survey Data Description of testing procedure Description of analysis performed in report Recommendations for pavement rehabilitation Technical specifications ption, NCE will provide the Town with is copies of the specifications. its will be prepared by a registered civil , licensed in the State of California. OF LOS GATOS' The Tolvn will provide the following information: • As -built plans and other data as available • The results of any previous coring investigation • Traffic Index to be used for design and any other traffic information available • Information regarding bus or other truck routes Copies (hard and electronic copies) of specifications currently used in the Town • Access to any and all information held by Chtd. Page 4 CONSULTANT EVALUATION FOR STREET RESURFACING The consultant will present his/her proposal. At the end of the proposal, if some of the categories listed below have not been discussed, follow -up questions should be asked to provide proposal clarification and discussion of topics to be rated. Please feel free to ask other questions not listed below. Please rate each category with a point score of 0 - MAX (maximum points are listed in each block). Evaluate the submitted written materials and the oral presentation as one score. COMPANY'S NAME(s): 6t/ALJ% �E�t)t:TS ��� T-?tNJ17!i PRESENTER'S NAME(s) ��ja2ALaE� Apr 1S ✓t NAME: TITLE: SIGNATURE NAMEVMILLOCONEV.2 Attachment 2 DATE CONSULTANT CATEGORIES EVALUATION COMMENTS PROJECT APPROACH K:Nf�W2lZ �K+ic�3 Clarity of the proposed approach for performing the services Responded to all required phases of the Scope of Services MAX 20 pts. )-7 EXPERIENCE AND KNOWLEDGE Quality of experience of key staff assigned to the project, Project Manager, and of the firm MAX 25 pts. UNDERSTANDING OF PROJECT NEEDS Identification of critical issues Identification of process constraints MAX 20 pts. &. TIMELINESS • Ability and commitment of the proposer to complete the project ( within a reasonable time MAX 5 pts. �I 3 ATTITUDE AND INTEREST / Lf Ability to coordinate with all parties involved MAX 5 pts. LOCATION Close in proximity and understanding of local conditions MAX 5 pts. PRESENTATION • Ability to clearly and thoroughly explain the approach to the proposed process p 9 O • Provide convincing persuasion MAX 10 pts. CONSISTENCY Oral presentation is consistent with the written proposal. MAX 5 pts. L� o BONUS Previous Town projects completed satisfactorily MAX 5 pts. ©. t; S TOTAL MAX 100 pts. i3'5 • 6 9¢-..3 NAME: TITLE: SIGNATURE NAMEVMILLOCONEV.2 Attachment 2 DATE