1988-135-Approving Amendment No. 3 To The Agreement With Ruth And Going, Inc.RESOLUTION NO. 1988 -135
RESOLUTION APPROVING AMENDMENT NO. 3
TO THE AGREEMENT WITH
RUTH AND GOING, INC.
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. 3
(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 "A ") and
amended June 2, 1986 (a copy of which is attached hereto as Exhibit "B ") for
engineering consulting services, and that the Town Manager is authorized, and
is hereby directed, to execute said Amendment No. 3 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 held on 20 day of June , 198 8 by the following vote:
AYES: COUNCIL MEMBERS Thomas J. Ferrito, Robert L. Hamilton
Brent N. Ventura and Mayor Eric D. Carlson
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS Joanne BenJamin
SIGNED:
ATTEST:
CLERK OF THE TOWN OF LOS GA
AMENDMENT NO. 3 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. 3, dated for convenience June 20, 1988 , 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 has requested Item E, Construction Support; and
WHEREAS, the Town desires the Engineer to provide for construction support of the Los
Gatos Boulevard Improvements; and
WHEREAS, the services have resulting in an increase in the scope of services and costs
from the amended Agreement:
THEREFORE, the following sections of the original Agreement shall be amended as
follows:
Amended
Article I Item E - Construction Support (Second Paragraph)
After the Town's award of the construction contract to a licensed contractor, the
engineer shall provide the following services during construction:
1. Conduct a pre - construction conference with the selected contractor.
2. Sample and test materials used in the project for general conformance to the
contract documents. This service will be provided by Testing Engineers, Inc. as
a subconsultant to Ruth and Going, Inc. Their services will be as itemized on
the attached sheet.
3. Provide intermittent observation of the contractor's operation for general
compliance with the contract documents. We are allowing for an average of
three site visits per week during the main period of construction of about
twenty consecutive calendar weeks. Each site visit to be two to three hours in
length, depending on construction activity.
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Provide construction staking for concrete median modifications, curb and
gutter along the East side of Blossom Hill Road, seven (7) pork chop islands,
and drainage inlets in lines within the median modifications. Layout of sawcut
lines and signal modifications will be layed out by the contractor based on
existing improvements and staking for proposed medians and islands.
S. Attend a turn -on of the modified signal systems. This service will be
performed by DKS Consultants as a subconsultant to Ruth and Going, Inc.
6. Assist the Town in review of contractor submittals required by the
specifications. Assist the Town in the review of monthly progress payments as
required. Prepare contract change orders, observe contractors progress during
the construction period, and assist the Town in responding to plan
interpretation inquiries.
7. Conduct a project acceptance walk -thru with Town staff and the contractor.
8. Prepare record drawings of the completed project noting major field changes
from the original bid documents. The record drawings will be prepared from
information provided by the contractor, and from contract change orders.
Article VI - Fee Compensation
Fees shall be determined as follows:
No. 5 - The fee allowance for services specified under Item E Construction Support of
Article I shall be $52,000 to be billed on a time and materials basis. There is
no guarantee that said fee allowance will provide for completion of all required
construction support services. During the course of work if it becomes
apparent said fee allowance will be exceeded the Engineer will notify the Town
of additional expected costs.
WITNESS THE EXECUTION HEREOF the day and year first hereinabove written.
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APPROVED AS TO FORM:
Town A `tdrney J'
rr
By.
Town Mayor
By: ,
Tow
ENGINEER
RUTH AND GOING. INCORPORATED
By: -
ice President
Civil Engineer
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