1987-188-Approving Amendment No. 2 To The Agreement With Ruth And Going, Inc.RESOLUTION NO. 1987 -188
RESOLUTION APPROVING AMENDMENT NO. 2
TO THE AGREEMENT WITH
RUTH AND GOING, INCORPORATED
RESOLVED, by the Town Council of the Town of Los Gatos, County
of Santa Clara, State of California, that the TOWN OF LOS GATOS execute
Amendment No. 2 (a copy of which is attached hereto) to that certain
agreement with Ruth and Going, Incorporated (a copy of which is attached
hereto as Exhibit "B ") for engineering consulting services, and that
the Mayor is authorized, and is hereby directed, to execute said
Amendment No. 2 in the name and in behalf of the TOWN OF LOS GATOS.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Los Gatos held on the 2 day of November 1987,
by the following vote:
AYES: COUNCIL MEMBERS Joanne Benjamin, Eric D. Carlson,
and Robert L. Hamilton
NOES: COUNCIL MEMBERS Thomas J. Ferrito and Mayor____
Brent N. Ventura
ABSTAIN: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
SIGNED
ATTEST:
CLE K O OF LOS G
MAYOR OF THE TOWN OF LOS GATOS
AMENDMENT NO. 2 TO THE
AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND
RUTH AND GOING, INC.
FOR PROFESSIONAL ENGINEERING SERVICES
lit CONNECTION WITH LOS GATOS BOULEVARD IMPROVEMENTS
Amendment No. 2, dated for convenience i to the Agreement
entitled "Agreement Between the Town of Los Gatos, and Ruth and Going, Inc. for
Professional Engineering Services in connection with Los Gatos Boulevard ", and as
amended on June 2, 1986.
The above referenced Agreement was adopted by Town Council Resolution No. 1985 -167
on November 18, 1985 and Amendment No. 1 was approved by Town Council Resolution No.
1986 -76. Item B of Article IV of the original Agreement provides for written
amendments to the Agreement for changes in the scope of the services to be performed
by the Engineer.
WHEREAS, the Town Council requested selected traffic systems modifications to-ftem
D, Systems Design; and
WHEREAS, the Town desires the Engineer to prepare plans, specifications and cost
estimates for construction of those selected modifications; and
WHEREAS, the modifications have resulted in an increase in the scope of services
from the amended Agreement:
THEREFORE, the following sections of the original Agreement shall be amended as
follows:
Amended
Article II - Schedule
Subsection 3) Revisions to Systems design as defined in Item D of Article I shall
be completed within 40 calendar days after Notice to Proceed has
been issued for this phase of work:
Article VI - Fee Compensation
Maximum fees shall be determined as follows:
No. 4 - The maximum fee for services specified under Item D, Systems Design of
Article I shall be $57,500.
WITNESS THE EXECUTION HEREOF the day and year first hereinabove written.
APPROVED AS TO FORM:
RUN
By
TOWN OF LOS GA TO
own t \any ,
By: '� d -^----
own Mayor
BY:
—Town er
ENGINEER
RUTH & GOING, INCORPORATED
By:
it e: ice rest ent
Civil Engineer
•
Agreement Between The Town of Los Gat..., and
Ruth and Going, Inc.
For Professional Engineering Services
In Connection With Los Gatos Boulevard Improvements
AGREE.OgT, dated for convenience �£Ilor. ; ,/ /%� between
the Town of Los Gatos, (hereinafter "Town"), an ut ' an Ding, Inc.,
(hereinafter "Engineer "):
Witnesseth
Recitals
A. Town. proposes to undertake 1) the design and construction of repairs
to the existing pavement on Los Gatos Boulevard between Shannon Road and Lark
Avenue; Z) the analysis of traffic operations within the Los Gatos Boulevard
Corridor 'between Saratoga Avenue and Lark Avenue;, 3) the design and
construction of modifications to traffic control elements (signals, signs„
striping and islands) between Saratoga Avenue and Lark Avenue.
B. Tcw desires, to secure- professional engineering services necessary
for design and construction of said project,„ and Engineer represents that
Engineer possesses the unique•, expert and professional qualifications„ and
expertise to provide such engineering services.
NOW, THEREFORE, for and in consideration of their mutual promises and--
subject to the terms, provisions and conditions hereinafter set forth, the. --
parties hereto do hereby agree as follows:
ARTICLE I. ENGINEER'S SERVICES
Engineer, at Engineer's sole cost and expense, and` to the reasonable
satisfaction of Town -shall perform the services described in this Agreement.
ITEM A.. ,Des.ign Surveys:.
Engineer shall perform necessary field surveys to establish a horizontal
control line (100' stationing) on Los Gatos. Boulevard from Shannon Road to
Lark Avenue. The control line shall appear in the field and, on screened
aerial photographic (1 " =ZO') strips: placed on standard (2411 x 3611) mylar
sheets. Engineer shall- also perform field surveys to tie the failed pavement
areas to horizontal control line. Engineer shall also prepare screened aerial
photographic strips: (3 " =20° based on record data) on standard mylar sheets for
Los Gatos Boulevard between Saratoga Avenue and Shannon Road.
ITEM B. Pavement Reconstruction Design
Engineer shall prepare plans for the construction of pavement
reconstruction based on a report prepared for Town by Curtis /Herriman
Engineering Consultants. Said plans shall show in detail, for construction
purposes, the scope, details and measurements of the work to be performed and
shall indicate and show such- other engineering or design details which Town
deems necessary for construction of the project. Engineer shall prepare
1 C3l1- A'A
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special provisions of ...c project based on State Sta. jrd Specifications and
Standard .Plan Details, said specifications shall include all provisions
necessary to correctly define- and control the construction work to be
performed and shall include, but not be limited to, updated` schedule setting
forth the sequence in which the construction work shall proceed. Engineer
shall' prepare a construction cost estimate for the work shown on the plans and
specified-in the special provisions.
Final ' submittal one set of reproducible originals of plans- and special
provisions ready for approval and signatures by Town staff.
17DI C: Svst ^_ms Anaylsis
Engineer shall conduct a systems analysis study of the traffic facilities
within the Los Gatos Boulevard Corridor between Saratoga Avenue and Lark
Avenue. The results of the study, shall be presented in a report, with
conceptual plans, consisting of recommendations for channelization and signal:
modification improvements, signal phasing, interconnect, timing, phasing and
time delay and travel time analysis, bike lane disposition, and: parking,
restriction. recommendations The Engineer shall be present when. the findings
of the study are presented to the Town Council for their adoption.
I711!' D. Systems Design
Engineer shall prepare plans for the construction- of traffic systems
modifications adopted by the Town Council at the conclusion of the systems -
analysis study phase of this project. Said plans shall' show in detail, for:-`
construction purposes, the scope, details, and measurements of the work to be
performed and shall indicate and show such other engineering or design details
which Town deems necessary for construction of the project. Engineer shall
prepare special provisions of the project based on State Standard
Specifications. and Standard Plan, Detail's, said specifications shall include
provisions necessary to correctly define scope of the construction work to- be
performed and shall include, but not be limited to, updated schedule setting;
forth: the sequence in whichk the, construction work shall proceed..- Engineer
shall prepare a construction cost estimate for the work shown on the plans and
specified in the special provisions. The plans, special provisions, and cost
estimate shall. be incorporated with the material prepared in Article I, Item
B, so as to form a single bid package for advertizing by Town.
ITEM E. Construction Support
Engineer shall respond to Town; to inquiries made, regarding the project
during the advertising_ of the project for bids. Such response shall be in
writing in the form--of a letter or addendum to the construction documents..
Engineer shall also assist Town in the evaluation of bids received for the
construction of the project.
After the Town's award of the constrt.!ction contract ,to a licensed
contractor (hereinafter called "Contractor ") , the Engineer shall provide the
following engineering services during construction of the project:
1) Conduct a preconstruction conference.
2) Observe the Contractor's operation
contract documents.
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for general compliance with the
31 Sample and.test materials used in the project for conformance to the
contract documents.
4) Attend turn on of modified signal systems.
S) ..Administer the construction contract on behalf of Town.
Administration shall; include review of Contractor's submittals
required by the specifications., preparing and recommending payment of
monthly progress payment; preparing contract change orders,
monitoring Contractor's progress, and maintaining communications.
between Town and Cantractor.
b) Conduct a project acceptance walk- through with Town and Contractor.
7) Prepare "record drawings" of the completed project.
ARTICLE 11- SCY.EDULE
A. Upon execution of this Agreement, and after receipt of a Notice to
Proceed, Engineer- shall commence with the performance of service as specified-
below:
1) Design Survey and Pavement Repair, as defined: in Items: A and B' of
Article I, shall be completed- with 40 calendar days. after Notice to
Proceed has been issued to the Engineer for its phases of work..
2) System Analysis Study, as defined in Item C of Article I, shall be
completed within 50 calendar days after Notice to Proceed has been
issued for this phase of work.
3) Systems Design, as defined in Item D of Article I, shall be completed
within 2S calendar days after Notice to Proceed has been issued for
this phase of work.
4') Construction Support, as defined in Item E of Article r,, sha1I be
provided "as needed" after Notice to Proceed has been issued for this
phase of work, and shall be completed upon Town's, acceptance of
"record drawings ":.
The above services- shall be completed by the completion dates respectively
stated above unless said completion dates are extended in writing by the Towns,
Engineer.
Engineer will be granted time extension for performance in the event that
time schedules cannot lie met for delays beyond its reasonable control,
including but not limited to delays in performance by reason of strikes,
lockouts, acts of Gods or delays. caused by failure of the Town to furnish-
information or to promptly review Engineers work..
B- Engineer shall obtain, and keep in full force and effect, worker's
compensation insurance necessary in connection with the performance of this
Agreement to protect himself and its employees under the Worker's compensation
Insurance and Safety Act. Within thirty (30) days after the execution of this
Agreement, Engineer shall file with Town Clerk, through the Town Engineer, a
certificate of such insurance issued' by an insurance company qualified to do
business in the State of California.
ARTICLE III. DUTIES u f0{VN
A- -Subject to the provisions of Article- L, Town shall, upon request of
Engineer, - furnish, design criteria, including the Los Gatos Boulevard Pavement
Rehabilitation Study.'
B-. Town shall: to> the best of its ability, upon request of Engineer, make
available to: Engineer, such non - confidential project design data, survey
notes,, sewer plans, traffic studies- and reports, and other project - related
data which has been compiled for or relates to the project and which. Town may
IawfuIly release.
C. Whenever any item of service set forth. in Article I hereof is
completed by Engineer and submitted to Town for approval,. Town shall review
the item and, if. satisfactory,. shall approve the same. If unsatisfactory,
Town shall inform Engineer in writing of the changes - or revisions necessary to
acquire Town's approval.
D. Town shall obtain necessary rights of entry to enable Engineer to
enter upon public and. private property, as required, in the performance of its,
services under this Agreement_.
E. Town shall provide environmental impact clearance, if required;, for
the project_
F.. Town shall do all work related to advertising, opening bids, award,._
and execution of contract.
--- G.' Town shall review for approval -all contract changes orders.
ARTICLE IV. MISCELLANEOUS PROVISIONS
A. In�de en�dent� Contractor - It is understood and agreed by and betweerr:
the parties iFereto t aat Engineer, in the performance of this Agreement, shall
act as and. be an independent contractor and not an agent or employee of Town,
that as an independent contractor Engineer, its agents or employees shall
obtain no rights to retirement benefits or any other benefits which accrue to
Town employees,_ and Engineer hereby expressly waives any claims it or its
agents. or employees may have to such rights_
3. Written Amendments - Town may, from time to time, request changes= in
the scope of the services. of Engineer to be performed hereunder. Such
changes, including any .increase or decrease in the amount of Engineer`s
compensation, which are mutually agreed upon by and between: Town and Engineer,
shall be incorporated- in, written amendments to this Agreement.
C. Personnel - Engineer represents that it has. or will secure, at its
own expense, a personnel required in performing the services under this
Agreement. Such personnel shall not be employees of or have. any contractual
relationship with Town.
All of the services required hereunder will be performed by Engineer or
under its supervision, and ala personnel engaged in the work shah be fully
qualified and, shall be authorized. or permitted under State and local law to
perform such services...
4
ti
z
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D- Assam Engineer shall not assign any interest in this
Agreement, 572-- ss alI not transfer any interest in the same (whether- by
assignment or novation), without the prior written consent of Town thereto;
provided, however,. that claims for money due or to become due Engineer from
Town under: -this- ;Agreement may be assigned to a bank, trust company, or other
financial institution Without such approval. Notice- of any such assignment or
transfer shall be furnished promptly to the Town.
E. Approval of Consultants - Town shall have the right to approve the
engineering„ architectural an or any other consultants retained by Engineer
in connection with the performance of Engineer's services and duties under
this agreement., and such consultants must be approved by the Town Engineer
before they are retained by the Engineer. It is understood and agreed by and
between the parties hereto that such right of approval shall in no way lessen,
Limit or otherwise affect the duties or obligations of Engineer hereunder, or
the services to be performed by Engineer hereunder.
Any work or services subcontracted hereunder shall be specified. by written°
contract or Agreement and shall be subject to each provision of this Agreement.
F. Audit of Engineer's Records - The books, papers„ records and
accounts, or cngneer,. structura .„ mechanical and electrical engineers, or of
any other consultants retained by Engineer, insofar as they relate to charges
for services, or are in any way connected with the work herein contemplated, -
shall be open at all reasonable times" to inspection and` audit by the agents
and authorized representatives of Town. Said records shall be retained for a`
minimum of three (3) years after completion of services_
G. Written Notice - All reports and documents which Engineer is required
to furnish �Town awn any other writing which Engineer desires to give to
Town shall be delivered to- -Town by delivering them to the Town Engineer, in
person or by depositing them" in the United States mail, postage prepaid,:
addressed to: Town Engineer, Town of Los Gatos, Civic Center, PQ Box 949,. Los
Gatos, California 95031.
Any notices or other writings which Town desires or is required to give or
furnish to Engineer under this Agreement may be delivered by delivering same
to Engineer in person or by depositing same in the United States mail, postage
prepared address to:
Ruth and Going,, Inc.
PO Box 26430:
San Jose, CA 9SIS9
The effective date of such written notice shall be the date of personal
delivery, of such notice or the date of deposit of the same in the United
States mail. The address to which any notice or other writing may be
delivered may be changed upon written notice by such party as above provided.
H. ownership of Documents All documents prepared by Engineer and
required to be turn is e t3 o frown, including but, not limited to the corridor
analysis report, the final plans, reproducible final plans, and the detailed'
specifications and other contract documents, shall be the property of Town-
-s-
In the event the Town desires to reuse the plans, specifications or other
contract. documents in total or in part on this or any other site, or if the
Town desires to complete any, uncompleted portion of the projects, Engineer
shall be relieved s of all responsibility for the construction resulting from
such reuse unless the Town enters into an agreement with Engineer for services
in connection therei,-ith.- Engineer shall not be entitled to any fees for such
use of plans, specifications or other contract documents, unless the Town
enters into: an agreement with the Engineer for services in connection
therewith..
I. Indemnification and Insurance - Engineer is skilled in the
professional calling necessary to t e services and duties agreed to be
performed by Engineer, and Town relies upon- the skills and knowledge of
Engineer.. Engineer shall perform such services and duties in conformance to
and consistent with the standards generally recognized as, being. employed by
orofessionals in the State of California. Engineer agrees to indemnify and
hold harmless the Town, its officers„ agents and employees, from and against
any and all I'iability, claims, suits, loss, damages, costs. and expenses
arising out: of or resulting from any negligent acts, errors- or omissions- of
Engineer, its officers, employees„ agents or subcontractors in. the performance
of their- services under this contract_.
Engineer, at its sole cost and expense and for the full term of this.
Agreement or arty renewal thereof, shall obtain and maintain at Ieast all of: a
the following minimum insurance requirements prior to commencing any work or
receiving payments therefore under this contract::
I. CMMi- ]ENSIVE GENERAL LIABILITY with minimum limits not less than
~- $1,000,000 combined "single limit for bodily injury and property
damage providing the following coverages: (without deductibles):
a. Premises Operations.
b. Independent Contractors
C. Blanket Contractual
d. Completed Operations
Z. A CMU REH QSIVE BUSINESS AUTO policy with a minimum limit of not less
than $500,000 combined single limit for bodily injury and property
damage, providing; at least all of the fallowing coverages. (without
deductibles):
a.. Coverages shall be applicable to any and all leased, owned,,
hired, or non - owned vehicles used in pursuit of any of the
activitie.- associated with this contract.
3. WORKER'S C04)ENSATION: AND EMPLOYERS' LIABILITY policy written in
accordance with the laws of the State of California and providing
coverage for any and all employees of Engineer:
a. This policy shall provide coverage for Worker's Compensation
(Coverage A).
b. This policy shall provide coverage for $100,000 Employers'-
Liability (Coverage B).
H
4. AA,PROFESSIMN L LIABILITY ERRORS AND OMISSIONS policy in an amount not
Tess than $1,000,000 aggregate.
a. -- A deductible or self- insured retention is permissible on this
policy. However, it shall not exceed $25,000 per occurrence.
br -- This policy 'shall provide for a contractual liability
endorsement -describing the contract(s) between the named insured
and the Towrr.
c_ Any and all subcontractors- of the contractor providing services
of a professional. nature shall be added to this policy as
additional insureds or provide similar evidence of their own
professional liability insurance to Town.
S. ENDORSEMENTS: All of the following endorsements are required to be
made a part of each of the above required policies as stipulated'
below (For the Excess Liability policy ° only, identify on the
Certificate of Insurance as "FolIowing,form").
a__ 'The - Town of Los Gatos,, its employees,, officers, and agents are
hereby added a% additional insureds for general liability and
auto= coverages. "'
b 'This insurance will act for each insured and, additional insured`
as though a separate policy had been written for each. This;: -
however, will not act to increase the limit of liability of the
insuring. company."
C. Thirty (30) days prior written notice shall be given to Town of
Los Gatos An the event of cancellation of this policy for
whatever reason.
d. Written notice shall be given Town of Los Gatos within tern (10)
days, after reduction in coverage, or non - renewal of this policy
for whatever reason.
e. Endorsements c and d listed above are the only of the above four
endorsements. required to be made a part of the Workers
Compensation and Employers' Liability policy and the
Professional Liability Policy.
6. PROOF OF COVERAGE Copies of all the required ENDORSE eM shall be
attached: to the CERTIFICATE OF INSURANCE which s a provided by
the EngineeV s insurance company as evidence of the stipulated
coverages. T is Proof of Insurance shall then be mailed to
Town of Los Gatos
Town Engineer
PO Box 949
Los Gatos, CA 95031
In addition to the above indemnification, Engineer shall correct, at its
expense, all errors which may be disclosed during the review of the plans..
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J_ Compliance — Engineer shall comply with applicable laws, ordinances
and regulations of the Federal,. State and Local governments,, and Engineer
shall defend, indemnify and hold harmless Town, its officers, agents and
employees: with respect to any claims or liability arising from or based on the
violation of any .such. law, ordinance, or regulation in accordance with
Engineer's standard, of care noted in item I of this .article IV:
K_ Safet of Persons on Construction Site - Town agrees to secure from.
all contractors an subcontractors working d irectly or indirectly on on the
project, prior to commencement of work of any kind, a separate policy of
insurance covering public liability, death and property damage naming Town and
Engineer, and their employees and agents as insured, and Town shall require
such contractors and subcontractors to maintain such insurance in effect and
bear all costs- for the same until the completion or acceptance of the work -
Certificates of said insurance shall be delivered: to Town and Engineer as
evidence of compliance with this provisions-
L. Assigns and Successors - This Agreement is to be binding on the
heirs, successors, and assigns, of the parties hereto, and, shall not be
assigned by- either party without first obtaining; the wrrtten consent of the
other-
Nt. Term - The term of this Agreement shall be from date of approval to:
the completion of the project for the satisfaction: of Town, unless terminated
earlier pursuant to Article VII_
N. California Law to Govern - It is understood and agreed by and between
- the parties hereto that t rs greement shall be deemed and construed to be
entered into and to be performed in the County of Santa Clara, State of
California and it is further understood and agreed by and between the parties
hereto that the law of the State of California shall govertn the rights,
obligations, duties, and' liability° of the parties- to this Agreement and alsa
govern the interpretation of this Agreement.
0: Pa nt for Labor and Materials - Engineer shall promptly pay when
due any an a amounts payable For Tabor and materials furnished in the
performance of this Agreement so as to prevent or make unnecessary the filing
of any, claim for lien or notice to withhold, and shall promptly pay all
amounts due under the unemployment insurance act with respect to such work or
labor_
P. Waiver - Engineer agrees. that waiver by Town of any one or more of
the conditions, of performance under this Agreement shall not be construed as
waivers of any, other - condition of performance under this Agreement.
Q. Confidentiality - All data, documents, discussions or other
information developed or received by or for Engineer in the performance of
this Agreement are confidential and not to be disclosed to any person except
as authorized by the Town Engineer or his dczi ,gnee, or as required by law-
0
ARTICLE V. ENGINEER'S rEE
Town agrees to pay Engineer, for and in consideration of the faithful
performance of all the services and duties set forth in this Agreement, and
agreed to be performed. by Engineer, and Engineer agrees to accept from Town as
and for full compensation for the faithful performance of all said services
and'. duties are amount of money, hereinafter referred` to as "Engineer's Fee",
which shall' be determined° in the manner set forth in the following paragraphs
of this Article.
Engineer's fee shall be a total sum of money determined as follows, except
that the total fees, shall. not exceed the maximum amounts set forth in Article
VI without an amendment to this Agreement.
A- Direct Personnel Charges - The fee for services and duties specified
irr this Agreement and pertormed Dy Engineer's employees shall be, determined by-
multiplying the number of hours expended by the hourly rates of the attached
fee schedule (hereinafter "Charge Rate Schedule ") - The rate schedule is
attached hereto as Exhibit "A",. incorporated herein by reference.
The Charge Rate Schedule for any, work under Article L and which has, been
authorized and cannot reasonably by completed. prior to. July, 1, 1986;, shall
annually on July, 1 be, increased proportionately to the increase in the labor
costs set forth in the contract between. Bay Counties Civil Engineers and Land`_
Surveyors Association and Operating Engineers Unions of the Iocal area. The
maximum. increases in compensation shall not exceed 113 per year for services:
covered by this Agreement.
B. Direct Expenses. Except as stated below for direct expenses the
Engineer's fee s— halt— 'include an amount determined by multiplying actual costs
by a factor of 1.25. Invoices shall Iist each item separately,: together with
its corresponding! cost_ Direct expenses include rental of special equipment,
reproductions and blueprinting, aerial photography, outside data. processing
and computer services, but. direct expenses for sub - consultants: shall be actual .
cost multiplied by a factor of 1.10:
Said Engineer's fee shall be full compensation to Engineer (for all costs
to Engineer) of said services- and duties herein agreed to be performed by
Engineer, and all costs and expenses incurred by Engineer in connection with -
the performance of said duties and services, including but not limited' to,
cost of supplies, facilities and equipment, by of labor and, services of
employees, engineers and` consultants engaged by Engineer, traveling expenses,
telephone costs, typing, duplicating and all items of general overhead.
ARTICLE Vr. FEE COMP3I4SATION
Maximum fees shall be determined as follows:
1. The maximum fee for services specified under Item A, Design Surveys,
of Article I shall be $11,500
Z. The maximum fee for services under Item B, Pavement Reconstruction-
Design, of Article I shall be $23,500.
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3. The maximum fee for services under Item C, Systems Analysis, of
Article ;I shall be $16,500.
4. The maximum fee for services specified under Item D, Systems Design,
o£ Article r I shall be set at.. the time Town adopts the design
recommend atiotis contained in the study report prepared under Item C
of Article I. It is expected the maximum fee for this work will be
$20`,000
S. The fee for services under Item E, Construction Support of Article I
shall be paid in accordance with the provisions of Article V for work
requested by Town. The extent of services to be requested by Town is
not known at this time. It is expected the maximum fee for work in
Item E, Article I will be $47,000.
Me above maximum fees, are subject to negotiation< for M work remaining
after January 1„ 1987, for delays. not the fault of the Engineer.
Subject to the limitations hereinabove set forth in. this. Article as to the
maximum« amount of tire° Engineer °ss fee;, said Engineer's fee.. shall: be paid as:
follows=
Engineer shall submit to Town an itemized statement of work completed
during the preceding month. The amount due under such statement shall be-
due and payable within thirty (30) days after its submission. if Town finds
the bills correct and if the services described therein have been.._:
performed pursuant to the terms of this Agreement. Said progress billings
shall, subject to the maximum fee- for the. particular services involved as
set forth above, be based on the direct personnel charges and the direct
expenses incurred during the month for which the billing is made.
ARTICLE VII. CANCELLATI(K OF AGREEMENT'OR.SUSPENSION OF WORK.
Town may cancel this Agreement at any time, upon five (5) days written
notice to Engineer, and Engineer agrees to cease all work under this Agreement
not later than the effective date of such notice.
In the event of cancellation. of this Agreement by Town, Engineer shall
receive as full compensation for all- services and duties performed by Engineer
and for all costs- incurred in connection therewith not later than: thirty (30)
days after date of cancellation - -a, sum of money, to = be determined as follows:
I:. Engineer sha r be entitled to retain any payments which may have been
made to Engineer under the provisions of Article VI hereof prior to said
cancellation. `
2. For work on items of service on which a proceed order has been issued
by Town but which have not been fully completed and approved and for which
payment is not yet due, Engineer will be paid, provided the work actually
rendered is to Town's satisfaction and is approved by Town, an amount of money
based on direct personnel charges_ and direct expenses due for work done as of
the time of such cancellation, provided, however, that in no event shall the -
amount to be paid under the forgoing provisions of this paragraph exceed the
amount which would be paid Engineer under the provisions of Article V and
Article VI hereof for the full performance of the particular item of service.
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The Engineer shall, upon cancellation of this Agreement pursuant to this
"Article, submit to Town any of the work completed or partially completed as
specified- in Article I of the Agreement.
ARTICLE VIII. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties with
respect to•- the subject matter herein - There are no representations„
agreements, arrangements, or understandings (whether oral or written) between
or among the parties relating to the subject matter of this Agreement which
are not fully expressed herein. This Agreement may not be amended except
pursuant to a written instr=ent signed by all parties.
WITNESS THE EXEMTION HEREOF the day and year first hereinabove written-
APPROVED AS TO' 'EORM:
By
ATTEST
a
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TOWN OF LOS GATOS'
f
By-
town . yor --j.
'Town!,
st e: vice nesident,
Civil Engineering
"Engineer"'
Ruth and Going, rnc-
Address:PO Box 26430
San-Jose,
Telephone: (408) 297 -8273
EXHIBIT "A
r r lay
-� • a aa• � wa.
Effective through s July 31,, 1986-
Job Classification /Function
Clerical /111ord Processing
Junior Drafter-
Drafter
Senior Drafter
Junior Engineering Technician:
Engineering Technician
Senior Engineering Technician,
Junior Engineer
_
Assistant-Engineer
Associate Engineer
Senior Engineer
Cmstruction Coordinator
Senior Surveyor
Manager of Field and Survey Operations
Principal Engineer
Z -Persm Field Party
3- Person Field Party
Court Testimony
Hourly-Rate
$35_25:
26..25-
32`..50t
36..75
30.75
44 -2S-
S4.ZS
44. ZS
S4e2S
64.2S
73.75
73.751
73-.75 -
73.75
93.25
114.00-
140.00
89.56 to IS$.00
(Field Rates include personnel, vehicle and normal field
equipment„ stakes and :materials)
Expenses
Reproduction, communications and other expenses are billed at
cost x 1.25. -
Consultant's charges are billed at cost x 1.10
Computer Services and Data Processing are billed at $0 -S0 per
CPU (Central Processing Unit) second.
Electronic Distance Measuring Equipment is billed at $2S per
hour of use.
Court Testimony is billed at a minimum of 8 hours per day.
E -12
Arcnitecture
Engineering
Planning
"tarry N lalor. CE
Prnypenr.
Dona12C Lenaberq,C.E
S, V,Ce P.eygent-
E Jack Censtensen. AM
V R' Arcenecture
Gerald 0eavounq. AICP
VIP, Ptam rig
Bryce M. MC(Nsk GE
- _ V.P ewe E,Spn:r,;Pg
Roger Reap, S.E. 6E
V.P. skuClurY &9n"m%
Mich" a Maui. C.E.
Albert W. Oside. AM
Men? L Reynaua. LLS
Part L shaler. LLSI
Founders
E Jackson GGpnq• Jr. GE
Lw W, Rum. Jr.. C.E_ M.E.
919 The Alameda
San Jose: CA 95926
14081297'-62--
Mailing. Address:
P.O. Box 26450
San Jose
CA 95159 -6450'
AMENDMENT NO. 1 TO THE
Agreement- Between the Town of Los Gatos and
:
Ruth and Going, Inc.
For Professional Engineering Services
In connection with Los Gatos Boulevard Improvements
Amendment No'. 1, dated for convenience I to that Agreement
entitled, 'Agreement Between the Town of Los Gatos, and Ruth and Going, Inc.
for Professional Engineering Services in connection with Los Gatos Boulevard.'
The above. referenced Agreement was adopted- by Town Council Resolution: No.
1985 -167 on November 18, 1985 Item B of Article IV provides for written
amendments to the Agreement for changes in. the scope of services. to be
performed by the Engineer.
WHEREAS- on May 5,. 1986, the Town Council reviewed the System, Analysis, Item C.
of Article 1 of the Agreement, and adopted selected traffic systems
modifications from that analysis, and
WHEREAS the Town desires the Engineer to prepare plans, specifications and
cost estimates for construction of those selected modifications, and
WHEREAS the modifications has resulted in an increase in the scope of
services from the original Agreement;
THEREFORE the following sections of the original Agreement shall be amended
as follows.
Amended
Article II — Schedule
subsection 3) Systems design as defined in Item D of Article 1 shall be
completed within 60 calendar days after Notice to Proceed has
been issued for this phase of work.
Article VI — Fee Compensation
Maximum fees shall be7 determined as follows:
No. 4 — The maximum fee for services specified under Item D, Systems
Design, of Article 1 shall be $49,400.
WITNESS THE EXECUTION.HEREOF the day and year first hereinabove written.
T 0 W N OF L0'S G A T 0 S
APPROVED AS TO O.
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TOWn Atrn,!rj .
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—Town sown yor �
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/
ENGINEER
RUTH & GOING, INCORPORATED
iceice res
Civil Enigneer
ICddres :... Ruth. & Gaing,_ Incorporated,,.
P.O. Box 26430
San Jose, CA 95159
• Phone: (408); 297 -8273