07 Staff Report.Mott MacDonald Group Agreement with attachments
PREPARED BY: Sean Rose
Special Projects Manager
Reviewed by: Interim Town Manager, Town Attorney, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 09/17/2024 ITEM NO: 7
DATE: September 12, 2024
TO: Mayor and Town Council
FROM: Katy Nomura, Interim Town Manager
SUBJECT: Authorize the Interim Town Manager to Execute the Third Amendment to the
Consultant Services Agreement with Mott MacDonald Group Inc. to Provide
Additional Construction Support Services in an Amount Not to Exceed
$49,901, For a Total Contract Not to Exceed Amount of $833,019, for the Los
Gatos Creek Trail to Highway 9 Trailhead Connector Project (CIP No. 832-
4505), Federal Project No. CML-5067(021).
RECOMMENDATION:
Authorize the Interim Town Manager to execute the third amendment to the consultant
services agreement with Mott MacDonald Group Inc. to provide additional construction
support services in an amount not to exceed $49,901 (Attachment 1), bringing their total
contract not to exceed amount to $833,019, for the Los Gatos Creek Trail to Highway 9
Trailhead Connector Project (CIP No. 832-4505), Federal Project No. CML-5067(021).
BACKGROUND:
The Los Gatos Creek Trail to Highway 9 Trailhead Connector Project will provide access for
bicycles and pedestrians between Highway 9 and the Los Gatos Creek Trail. The project will
construct a pedestrian switchback trail access between the north side of Highway 9 and the Los
Gatos Creek Trail and a bicycle/pedestrian trail access on the south side of Highway 9 leading
from University Avenue that includes a new bridge over Los Gatos Creek.
Construction of the project began in November 2023 and is ongoing. The current schedule
anticipates construction to be completed in December 2024.
On October 1, 2019, the Town Council authorized the Town Manager to execute a Consultant
Services Agreement (Agreement) with Mott MacDonald Group Inc. (Mott MacDonald) for
PAGE 2 OF 4 SUBJECT: Los Gatos Creek Trail to Highway 9 Trailhead Connector Project (CIP No. 832-4505), Federal Project No. CML-5067(021) DATE: September 12, 2024
BACKGROUND (continued):
engineering design services for the Los Gatos Creek Trail to Highway 9 Trailhead Connector
Project (Project) in an amount not to exceed $486,747.
On August 17, 2021, the Town Council authorized the Town Manager to execute the First
Amendment to the Agreement (Attachment 2) with Mott MacDonald for the Project, for
additional design services in an amount not to exceed $90,000 for a total contract not to
exceed amount of $576,747.
On August 1, 2023, the Town Council authorized the Town Manager to execute the Second
Amendment to the Agreement with Mott MacDonald, for construction support services in an
amount not to exceed $206,371, for a total contract not to exceed amount of $783,118.
DISCUSSION:
Since the beginning of construction, Mott MacDonald and their structural engineering
subconsultant Biggs Cardosa Associates (BCA), as the design engineers of record for the project,
have provided construction engineering support for the project on an as-needed, time and
materials basis, in accordance with the terms of the Agreement and the Second Amendment.
Work completed by Mott MacDonald/BCA has included reviewing and approving construction
submittals, evaluating and responding to contractor Requests for Information (RFIs), field
engineering inspections, value engineering, and other engineering support activities. Mott
MacDonald/BCA have now expended the original construction engineering support budget of
$206,371 that was approved with the Second Amendment and are requesting an additional
$49,901 to provide additional construction engineering support services through the
completion of the project (Attachment 1). The additional work includes, but is not necessarily
limited to, project management and coordination, submittal review and response, RFI
evaluation and response, and preparation of as-built plans.
The proposed amendment amount includes a $3,000 credit to the Town for services that were
previously billed incorrectly. In addition, $15,997 of the requested amount will be reimbursed
by the contractor Granite Construction via a deduction to a future construction progress
payment, for services that Granite requested of Mott MacDonald/BCA related to an unforeseen
construction change by Granite.
Staff has negotiated the scope and amount of the additional construction engineering support
services proposal and finds the amount reasonable and necessary to complete the project. The
services will be performed on an as-needed, time and materials basis in accordance with the
terms of the original contract.
PAGE 3 OF 4 SUBJECT: Los Gatos Creek Trail to Highway 9 Trailhead Connector Project (CIP No. 832-4505), Federal Project No. CML-5067(021) DATE: September 12, 2024
CONCLUSION:
The recommended action will provide the additional budget necessary to allow Mott
MacDonald to continue to provide construction engineering support for the project through the
completion of project construction, currently anticipated in December 2024.
FISCAL IMPACT:
The fiscal table below reflects the updated costs and budget sources for the construction phase
of the project, which will be sufficient to fund the project.
SOURCE OF FUNDS*
GFAR 1,428,127$
OBAG Cycle II Grant - CMAQ 6,536,000$
Measure B (2016 Program Bicycle and Pedestrian Program)693,500$
TFCA Grant Funds 755,921$
TDA 3 Grant Funds 68,884$
TOTAL SOURCE OF FUNDS 9,482,432$
USE OF FUNDS
Design Phase
Consultant Services (Mott MacDonald Group)576,747$
Part-time Staff 99,297$
Misc. Project Delivery Costs 490$
DESIGN TOTAL - (Completed)676,534$
Construction Phase
Construction Contract (Granite Construction)6,529,396$
Construction Contingency 652,940$
Construction Management, Inspection and Materials Testing (Zoon Eng.)1,220,822$
Town Project Management 127,000$
Construction Support Services (Mott MacDonald Group)206,371$
Construction Support Services (Mott MacDonald Group) (Requested with this Staff Report)49,901$
Misc. Project Delivery Costs 19,468$
CONSTRUCTION TOTAL 8,805,898$
TOTAL USE OF FUNDS 9,482,432$
REMAINING BUDGET -$
Los Gatos Creek Trail to Highway 9 Trailhead Connector Project
CIP No. 832-4505
PAGE 4 OF 4 SUBJECT: Los Gatos Creek Trail to Highway 9 Trailhead Connector Project (CIP No. 832-4505), Federal Project No. CML-5067(021) DATE: September 12, 2024
ENVIRONMENTAL ASSESSMENT:
This is a project as defined under CEQA but is Categorically Exempt Class 1 (CEQA Section
15301) (PRC 21084;14 CCR 15300 et seq).
The project has been determined to be Categorically Excluded under NEPA 23 CRF 771.117(c)
activity (c)(3).
Attachments:
1. Third Amendment to Consultant Services Agreement with Mott MacDonald with Exhibit A
(Cost Proposal) and Exhibit B (Scope and Fee) and the Original Agreement with the First and
Second Amendments
Amendment No. 3 to Consultant Services Agreement ATTACHMENT 1 LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR PROJECT 18-832-4505
THIRD AMENDMENT
TO THE
AGREEMENT FOR CONSULTANT SERVICES
LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD
CONNECTOR PROJECT 18-832-4505
This Third Amendment to the Agreement for Consultant Services for the Los Gatos Creek Trail to
Highway 9 Trailhead Connector Project CIP No. 18-832-4505 that is dated for identification this
__________day of ______________, 2024 (“THIRD AMENDMENT”) and amends that certain
AGREEMENT FOR CONSULTANT SERVICES LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD
CONNECTOR PROJECT 18-832-4505 dated the 1st of October, 2019 the FIRST AMENDMENT executed on
September 13, 2021, and the SECOND AMENDMENT executed on August 1, 2023 by and between the
Town of Los Gatos (LOCAL AGENCY) and Mott MacDonald Group, Inc. (CONSULTANT).
RECITALS
A. LOCAL AGENCY and CONSULTANT entered into an Agreement for Consultant Services Agreement on
October 1, 2019, (“Agreement”), and executed the First Amendment to the Agreement for
Consultant Services on September 13, 2021, and the Second Amendment to the Agreement for
Consultant Services on August 1, 2023, copies of which are attached hereto and incorporated by
reference as Exhibit A to this THIRD AMENDMENT.
B. The LOCAL AGENCY desires to amend the Agreement to increase the scope of services and increase
compensation for Task C – Construction Support Services.
AMENDMENT
1. Article II – STATEMENT OF WORK is hereby modified to include the attached EXHIBIT B – COST
PROPOSAL AMENDED 08-29-24, PROPOSAL FOR ADDITIONAL CONSTRUCTION SUPPORT SERVICES
for Task C – Construction Support Services.
2. ARTICLE V - ALLOWABLE COSTS AND PAYMENTS TASK B AND TASK C - Paragraph J is revised to read:
“The total amount payable by LOCAL AGENCY for Task B and Task C shall not exceed $284,272.”
3. All other terms and conditions of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the LOCAL AGENCY and CONSULTANT have executed this THIRD AMENDMENT,
effective as of the date first set forth above.
Amendment No. 3 to Consultant Services Agreement ATTACHMENT 1 LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR PROJECT 18-832-4505
TOWN OF LOS GATOS by: CONSULTANT by:
_________________________ _________________________
Katy Nomura, Interim Town Manager Mohamed Basma, Senior Vice President –
Division Manager
Approved as to Form: Departmental Approval:
_________________________ _________________________
Gabrielle Whelan, Town Attorney Nicolle Burnham, Parks & Public Works Director
Attest:
_
________________________
Wendy Wood, Town Clerk
Amendment No. 3 to Consultant Services Agreement ATTACHMENT 1 LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR PROJECT 18-832-4505
EXHIBIT A– COST PROPOSAL
Amended 08-29-24
COST PROPOSAL BY TASK
NOT TO EXCEED
SUB TASK DESCRIPTION COST
TASK A – BASIC SERVICES
Task A.1 Project Management and Coordination $26,960
Task A.2 Data Collection, Review and Site Visit $9,212
Task A.3 Surveys and Mapping $27,154
Task A.4 Utility Coordination $11,336
Task A.5 Preliminary Engineering $27,231
Task A.6 Environmental Studies and Documentation $42,991
Task A.7 Geotechnical Investigations and Reports $54,489
Task A.8 Right of Way Certification $4,400
Task A.9 Final Design $198,438
Task A.10 Coordination with Adjacent Agencies $6,601
SUBTOTAL BASIC SERVICES $408,812
Task A.11 Supplemental Reports and Services $ 49,935
Amendment No. 1 $ 90,000
AMENDED TOTAL TASK A.11 $139,935
TOTAL NOT TO EXCEED TASK A $548,747
TASK B – BID SUPPORT SERVICES
TOTAL NOT TO EXCEED TASK B $ 28,000
TASK C – CONSTRUCTION SUPPORT SERVICES
AMENDMENT No. 2 -CONSTRUCTION SUPPORT SERVICES $206,371
AMENDMENT No. 3 – ADD’L CONSTRUCTION SUPPORT SERVICES $49,901
TOTAL AMENDED CONTRACT AMOUNT NOT TO EXCEED $833,019
Amendment No. 3 to Consultant Services Agreement LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR PROJECT 18-832-4505 Page 1
EXHIBIT B – PROPOSAL FOR ADDITIONAL CONSTRUCTION
SUPPORT SERVICES
From Mott MacDonald dated August 6, 2024
2077 Gateway Pl. Suite 550
San Jose, CA 95110
T 408-572-8800
www.mottmac.com
1
Mott MacDonald Restricted
August 6, 2024
Sean Rose, Special Projects Manager
Town of Los Gatos, Parks & Public Works Department
41 Miles Avenue, Los Gatos CA 95030
RE: Los Gatos Creek Trail to Highway 9 Trailhead Connector Project Additional Fee Request
Dear Mr. Rose:
Mott MacDonald has exhausted current contract budget and is requesting additional budget for providing
design support during construction services until completion of project construction slated for December
2024.
The additional fee request includes professional services which include project management and
coordination, reviewing submittals, responding to RFI’s, and preparing as-built plans.
SERVICES FEE
Firm Amount
Mott MacDonald $32,898
Biggs Cardosa Associates $20,003
Credit ($3,000)
Total Additional Fee $49,901
Our total estimated Not-to-Exceed fee for the proposed additional engineering services is $49,901. Mott
MacDonald accounted $3,000 credit for efforts spent to clarify additional tree impacts identified during
construction of the project. The budget will be billed on a Time and Materials (T&M) basis according to
the terms and conditions of the original contract agreement. If you have any questions regarding this
proposal or need additional information, please contact me at your convenience.
Thank you for the opportunity to assist you with this project.
Sincerely,
Mohamed Basma, PE
Senior Vice President
Docusign Envelope ID: F19A75D3-131D-4659-AD47-77B24D5D6CA6
EXHIBIT B
TotalFee$301 $274 $155 $130Project admin and meetings (5 months) 20 $6,020Review Submittals & RFI (15) 4 16 20 20 $11,288Prepare As-Built 2 12 40 40 $15,290ODC$300$32,898Project Work TaskTotal Cost:Attachment ALos Gatos Creek Trail to Highway 9 Trailhead Connector ProjectPrincipal Project Manager- Teferi AbereSenior Project Manager - Bindu SamudralaEngineer III- Lisette AbadEngineer II - Jack FriedmanMott MacDonald Personnel and Hourly Billing Ratesi:\2009\Proposals\9- AP\Budget Cost\Additional Budget Request 08052024# Mott MacDonald RestrictedDocusign Envelope ID: F19A75D3-131D-4659-AD47-77B24D5D6CA6
Updated August 5, 2024
Principal Associate
Bridge
Architect Senior Engr Project Engr
Sr Computer
Drafter
Admin
Services Total Total
MMH AWR RP EL BT SMH JD
Task Const Support Rate $359.88 $251.92 $274.46 $194.34 $160.74 $166.34 $131.16 Hours Dollars
Task C - Construction Support
Assist with Response to RFI's Allow for 5 RFI's 20 10 2 2 34 $7,241
0 $0
Review Submittals:0 $0
Erection Plan for the Steel Truss Bridge4 4 $1,008
0 $0
Retaining Wall Stains and Pigments Additional Markups of Wall Colors 0.5 16 16.5 $4,517
Retaining Wall Formliner Sample/Product Submittal Approval of Class 1 Finish1 1 $274
0 $0
Project Closeout 0 $0
Final Walkthrough and Generate Punchlist One site visit1 89 $2,375
Verify Punchlist Items Completed No BCA Scope 0 $0
As-Built Plans Draft Based on CM Markups 8 16 24 $4,587
Subtotal Labor (hr) 1 40.5 17 0 26 2 2 88.5
Subtotal Labor ($) 359.88$ 10,202.76$ 4,665.82$ -$ 4,179.24$ 332.68$ 262.32$ $20,003
Remaining Budget $1,829
Escalation -$ -$ -$ -$ -$ -$ -$ $0
Totals Grand Total $18,174
Notes
> The above fees are limited to the structural components of the pedestrian bridge and retaining walls.
> Other submittals not listed above are assumed to be reviewed by others and are not included in BCA scope and fee.
> Review of the pedestrian bridge is limited to a review of calculations and plans prepared by the bridge manufacturer. We will not prepare additional, check or alternative calculations
> Submittals will be provided to BCA by MM or the Town's CM and will be returned to that party. BCA will not coordinate directly with the Contractor or Caltrans.
> Review of contractor's Value Engineering Cost Proposals is excluded.
> Review of routine inspection reports, progress reports, progress payments, etc is excluded.
LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR PROJECT
Prefabricated Pedestrian Bridge and 3 Retaining Walls
Town of Los Gatos
Staff Person-Hour Breakdown: Biggs Cardosa Associates, Inc.
Construction Phase Contract Amendment
Amendment No. 3 to Consultant Services Agreement LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR PROJECT 18-832-4505 Page 1
ATTACHMENT 1
AGREEMENT FOR CONSULTANT SERVICES LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD
CONNECTOR PROJECT 18-832-4505 dated the 1st of October, 2019
and the
FIRST AMENDMENT executed on September 13, 2021
And the
SECOND AMENDMENT executed on August 1, 2023
Amendment No. 2 to Consultant Services Agreement LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR PROJECT 18-832-4505
SECOND AMENDMENT
TO THE
AGREEMENT FOR CONSULTANT SERVICES
LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD
CONNECTOR PROJECT 18-832-4505
This Second Amendment to the Agreement for Consultant Services for the Los Gatos Creek Trail to
Highway 9 Trailhead Connector Project CIP No. 18-832-4505 that is dated for identification this 1st day of
August 2023 (“SECOND AMENDMENT”) and amends that certain AGREEMENT FOR CONSULTANT
SERVICES LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR PROJECT 18-832-4505 dated
the 1st of October, 2019 and the FIRST AMENDMENT executed on September 13, 2021 by and between
the Town of Los Gatos (LOCAL AGENCY) and Mott MacDonald Group, Inc. (CONSULTANT) identified as a
C Corporation and whose address is 12674 Alcosta Blvd. #275, San Ramon, CA 94583.
RECITALS
A.LOCAL AGENCY and CONSULTANT entered into an Agreement for Consultant Services Agreement on
October 1, 2019, (“Agreement”), and executed the First Amendment to the Agreement for
Consultant Services on September 13, 2021, copies of which are attached hereto and incorporated
by reference as Attachment 1 to this SECOND AMENDMENT.
B.The LOCAL AGENCY desires to amend the Agreement to increase the scope of services and increase
compensation for Task B – Bid Support Services and Task C – Construction Support Services, extend
the term of the Agreement, and modify required insurance coverages as described below.
AMENDMENT
1.Article I – INTRODUCTION is hereby modified to identify the Contract Administrator for the LOCAL
AGENCY to be Nicolle Burnham, Parks and Public Works Director.
2.Article II – STATEMENT OF WORK is hereby modified to include the attached EXHIBIT A.2 – SCOPE OF
SERVICES Amended 07-03-23, EXHIBIT B.2.1 – COST PROPOSAL - Amended 07-03-23 COST
PROPOSAL BY TASK, and EXHIBIT B.2.2 – COST PROPOSAL– Caltrans Exhibits 10-H3 for Task C –
Construction Support Services.
3.Article IV PERFORMANCE PERIOD - Paragraph A is hereby amended to extend the Agreement end
date to 06/20/25.
4.ARTICLE V - ALLOWABLE COSTS AND PAYMENTS TASK B AND TASK C - Paragraph J is revised to read:
“The total amount payable by LOCAL AGENCY for Task B and Task C shall not exceed $234,371.”
5.ARTICLE XIX INSURANCE is hereby replaced with the following:
DocuSign Envelope ID: B5BFF38A-291D-492C-861E-1D901DEEC813
EXHIBIT A
Amendment No. 2 to Consultant Services Agreement LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR PROJECT 18-832-4505
ARTICLE XIX INSURANCE
Without limiting CONSULTANT’s obligation to indemnify and hold harmless LOCAL AGENCY and VTA,
CONSULTANT must procure and maintain for the duration of the AGREEMENT insurance against
claims for injuries to persons or damages to property which may arise from or in connection with
the performance of the Work by CONSULTANT, its agents, representatives, employees, or
subconsultants. The cost of such insurance must be borne exclusively by CONSULTANT. In the event
of any material change in the AGREEMENT Scope of Services, LOCAL AGENCY AND VTA reserve the
right to change the insurance requirements set forth herein, upon advance written notice to
CONSULTANT. CONSULTANT must furnish evidence of all required insurance policies, within three
(3) business days of any request for such by LOCAL AGENCY or VTA.
A. Liability and Workers’ Compensation Insurance
1. Minimum Scope of Coverage
Coverage must be at least as broad as:
a. General Liability coverage; Insurance Services Office “occurrence” form CG 0001.
General Liability insurance written on a “claims made” basis is not acceptable.
Completed Operations coverage must be continuously maintained for at least two (2)
years after Final Acceptance of the Work.
b. Business Auto Coverage, Insurance Services Office form number CA 0001, covering
Automobile Liability, code 1 “any auto.” Auto Liability written on a “claims-made” basis
is not acceptable.
c. Workers’ Compensation insurance, as required by the Labor Code of the State of
California, and Employer’s Liability insurance.
d. Professional Liability, including limited contractual liability coverage, covering liability
arising out of any negligent act, error, mistake or omission in the performance of
CONSULTANT’S services under this AGREEMENT. This coverage must be continuously
maintained for a minimum of two (2) years following completion of this AGREEMENT.
This coverage may be written on a “claims made” basis, if so, please see special
provisions in Section C.
e. CONSULTANT’S Pollution/Environmental Impairment Liability: covering liability arising
out of the treatment, handling, storage, transportation, or accidental release of any
hazardous material, to the extent applicable to CONSULTANT’S scope of services.
2. Minimum Limits of Insurance
a. CONSULTANT must maintain limits no less than:
1. General Liability (including umbrella/excess liability): $5,000,000 limit per
occurrence for bodily injury, personal injury, and property damage. If General
Liability Insurance or other form with a general aggregate limit is used, either the
DocuSign Envelope ID: B5BFF38A-291D-492C-861E-1D901DEEC813
Amendment No. 2 to Consultant Services Agreement LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR PROJECT 18-832-4505
general aggregate limit must apply separately to this project/location or the
general aggregate limit must be twice the required occurrence limit. This
requirement may be satisfied by a combination of General Liability with Excess or
Umbrella, but in no event may the General Liability primary policy limit per
occurrence be less than $2,000,000, unless Umbrella/Excess policies feature
inception and expiration dates concurrent with the underlying General Liability
policy, “Follow Form” coverage, and a “Drop Down” provision.
2. Automobile Liability (including umbrella/excess liability): $4,000,000 limit per
accident for bodily injury and property damage. This requirement may be satisfied
by a combination of Auto with Excess or Umbrella, but in no event may the
Automobile Liability primary policy limit per occurrence be less than $2,000,000,
unless Excess policies feature inception and expiration dates concurrent with the
underlying auto liability policy, “Follow Form” coverage, and a “Drop Down”
provision.
3. Workers’ Compensation and Employer’s Liability: Statutory Workers’
Compensation limits and Employer’s Liability limits of $1,000,000 per accident.
4. Professional Liability: $2,000,000 per claim/aggregate minimum limit per claim.
This requirement may be satisfied by a combination of Professional Liability
insurance with Excess or Umbrella policies, but in no event may the Professional
Liability primary policy limit per occurrence be less than $2,000,000, unless
Umbrella/Excess policies feature inception and expiration dates concurrent with
the underlying policy, “Follow Form” coverage, and a “Drop Down” provision.
5. If applicable, CONSULTANT’S Pollution/Environmental Impairment Liability:
$3,000,000 per occurrence. This requirement may be satisfied by a combination of
Pollution Liability insurance with Excess or Umbrella policies. Umbrella/Excess
policies must feature inception and expiration dates concurrent with the
underlying policy, “Follow Form” coverage, and a “Drop Down” provision.
3. Self-Insured Retention
The certificate of insurance must disclose the actual amount of any deductible or self-
insured retention for all coverages required herein. Any self-insured retention or deductible
must be declared to and approved by LOCAL AGENCY and VTA. To apply for approval for a
level of retention or deductible CONSULTANT must provide a current financial report
including balance sheets and income statements for the past three years, so that LOCAL
AGENCY and VTA can assess CONSULTANT’s ability to pay claims falling within the self-
insured retention or deductible. Upon review of the financial report, if deemed necessary by
LOCAL AGENCY and VTA in their sole discretion, LOCAL AGENCY and VTA may elect one of
the following options: to accept the existing self-insured retention or deductible; require the
insurer to reduce or eliminate the self-insured retention or deductible as respects LOCAL
AGENCY and VTA, its directors, officers, officials, employees and volunteers; or to require
CONSULTANT to procure a bond guaranteeing payment of losses and related investigations,
claim administration and defense expenses. Applicable costs resulting therefrom will be
borne solely by CONSULTANT. CONSULTANT may request execution of a nondisclosure
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Amendment No. 2 to Consultant Services Agreement LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR PROJECT 18-832-4505
agreement prior to submission of financial reports.
B. Reserved.
C. Claims Made Provisions
Claims-made coverage is never acceptable for General Liability or Auto Liability. Claims-
made may be considered for Professional, Environmental/Pollution, or Cyber. For coverage
written on a claims-made basis, it must be clearly stated on the Certificate of Insurance. In
addition to all other coverage requirements, such policy must provide that:
1. The policy retroactive date must be no later than the date of this AGREEMENT.
2. If any policy is not renewed or the retroactive date of such policy is to be changed,
CONSULTANT must obtain or cause to be obtained the broadest extended reporting
period coverage available in the commercial insurance market. This extended
reporting provision must cover at least two (2) years.
3. No prior acts exclusion may be added to the policy during the AGREEMENT period.
4. The policy allows for reporting of circumstances or incidents that might give rise to
future claims.
D. Other Provisions
The specified policies must contain, or be endorsed to contain, the following provisions:
1. General Liability and Automobile Liability
a. The LOCAL AGENCY and VTA, its directors, officers, officials, and employees are to be
named as additional insureds as respects: liability arising out of activities performed by
or on behalf of CONSULTANT, including LOCAL AGENCY’S general supervision of
CONSULTANT; products and completed operations of CONSULTANT and its
subconsultants; premises owned, occupied or used by CONSULTANT; or automobiles
owned, leased, hired or borrowed by CONSULTANT. The coverage must contain no
special limitations on the scope of protection afforded to LOCAL AGENCY and VTA, its
directors, officers, officials, employees. Additional Insured endorsements must provide
coverage at least as broad as afforded by the combination of ISO CG 20 10 10 01 and CG
20 37 10 01.
b. Any failure to comply with reporting provisions of the policies may not affect coverage
provided to LOCAL AGENCY and VTA, its directors, officers, officials, employees, or
volunteers.
c. CONSULTANT’s required insurance must apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the insurer’s
liability.
d. The General Liability General Aggregate limit must apply per project, not per policy.
DocuSign Envelope ID: B5BFF38A-291D-492C-861E-1D901DEEC813
Amendment No. 2 to Consultant Services Agreement LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR PROJECT 18-832-4505
2. All Coverages
a. Excluding Professional Liability, The insurer must agree to waive all rights of subrogation
against LOCAL AGENCY and VTA, its directors, officers, officials, and employees for
losses arising from work performed by CONSULTANT and its subconsultants for LOCAL
AGENCY and VTA.
b. CONSULTANT’s insurance coverage must be primary insurance as respects LOCAL
AGENCY AND VTA, its directors, officers, officials, employees, and volunteers. Self-
insurance or insurance that may be maintained by LOCAL AGENCY AND VTA, its
directors, officers, officials, employees, or volunteers may apply only as excess to
CONSULTANT’s insurance. CONSULTANT’s insurance must not seek contribution from
LOCAL AGENCY or VTA’s insurance programs.
c. Each insurance policy required shall be endorsed to state that coverage shall not be
suspended, voided, canceled, reduced in coverage or in limits except after a thirty (30)
calendar days prior written notice by certified mail, return receipt required, has been
given to LOCAL AGENCY.
d. LOCAL AGENCY will not be responsible for any premiums or assessments on the
CONSULTANT’S policies.
e. In the event CONSULTANT employs subconsultants as part of the work covered by this
AGREEMENT, it shall be the responsibility of CONSULTANT to ensure that all
subconsultants are included as additional insured under the CONSULTANTS policies or
shall furnish separate certificates and endorsements for each subconsultant. All
coverages for subconsultants shall be subject to all of the requirements stated herein
and shall comply with the same insurance requirements that are stated in this
AGREEMENT.
3. Other Insurance Provisions
a. If any coverage forms or endorsements required by this AGREEMENT are updated by
their publishers, whether they be the insurance carrier(s), the Insurance Services Office,
or the American Association of Insurance Services, during the duration of this
AGREEMENT, LOCAL AGENCY AND VTA reserves the rights to require CONSULTANT to
procure said coverage forms or endorsements using the updated versions upon the next
renewal cycle.
b. CONSULTANT agrees that the bodily injury liability insurance herein provided for, shall
be in effect at all times during the term of this AGREEMENT. In the event that said
insurance coverage expires at any time or times during the term of this AGREEMENT,
CONSULTANT agrees to provide at least thirty (30) calendar days prior notice to said
expiration date; and a new Certificate of Insurance evidencing the insurance coverage as
provided for herein, for not less than either the remainder of the term of the
AGREEMENT, or for a period of not less than one (1) year. New Certificates of Insurance
are subject to the approval of the LOCAL AGENCY. In the event CONSULTANT fails to
keep in effect at all times insurance coverage as herein provided, LOCAL AGENCY may, in
DocuSign Envelope ID: B5BFF38A-291D-492C-861E-1D901DEEC813
Amendment No. 2 to Consultant Services Agreement LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR PROJECT 18-832-4505
addition to any other remedies it may have, terminate the AGREEMENT upon
occurrence of such event.
c. Approval of the insurance by LOCAL AGENCY or acceptance of the Certificate of
Insurance by LOCAL AGENCY shall not relieve or decrease the extent to which
CONSULTANT may be held responsible for payment of damages resulting from
CONSULTANT’S services or operation pursuant to this AGREEMENT, nor shall it be
deemed a waiver of LOCAL AGENCY’S rights to insurance coverage hereunder.
E. Acceptability of Insurers
Insurance and bonds must be placed with insurers with an A.M. Best’s rating of no less than A
VII (financial strength rating of no less than A and financial size category of no less than VII),
unless specific prior written approval has been granted by LOCAL AGENCY and VTA.
F. Certificates of Insurance
CONSULTANT must furnish LOCAL AGENCY with Certificates of Insurance and with original
endorsements effecting coverage required. The certificates and endorsements for each
insurance policy must be signed by an authorized representative of that insurer. The certificates
must be issued on a standard ACORD Form. CONSULTANT must instruct their insurance
broker/agent to submit all insurance certificates and endorsements and required notices
electronically in PDF format to the LOCAL AGENCY. All endorsements must be attached to the
ACORD certificate in a single PDF document. All insurance must be in effect for the duration of
the AGREEMENT. The absence of insurance or a reduction of the stated limits shall cause all
work on the project to cease. Any delays shall not increase costs to LOCAL AGENCY or increase
the duration of the project. The LOCAL AGENCY reserves the right to require additional
evidence of all required insurance policies, at any time.
The certificates must (1) identify the insurers, the types of insurance, the insurance limits, the
deductibles or lack thereof, and the policy term, (2) include copies of all the actual policy
endorsements required herein, and (3) in the “Certificate Holder” box include:
Town of Los Gatos
41 Miles Avenue
Los Gatos, CA 95030
Santa Clara Valley Transportation Authority (“VTA”)
3331 North First Street
San Jose, CA 95134-1906
In the Description of Operations/Locations/Vehicles/Special Items Box, the LOCAL AGENCY and
VTA for any relevant property leased must appear, the list of policies scheduled as underlying on
the Umbrella/Excess policy must be listed, excluding Professional Liability. Certificate Holder
must be named as additional insured, and Waiver of Subrogation must be indicated as endorsed
to all policies as stated in the AGREEMENT documents., excluding Professional Liability.
DocuSign Envelope ID: B5BFF38A-291D-492C-861E-1D901DEEC813
Amendment No. 2 to Consultant Services Agreement LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR PROJECT 18-832-4505
It is a condition precedent to granting of this AGREEMENT that all insurance certificates and
endorsements be received and approved by LOCAL AGENCY and VTA before AGREEMENT
execution. No occupancy may be taken until required insurance is in full compliance.
G. Maintenance of Insurance
If CONSULTANT fails to maintain insurance as required herein, LOCAL AGENCY, at its option, may
suspend the AGREEMENT until a new policy of insurance is in effect.
H. Hold Harmless
Subject to California Civil Code Section 2782.8, CONSULTANT hereby agrees to and shall hold
LOCAL AGENCY and VTA, its elective and appointive boards, commissions, officers, and
employees harmless from any liability for damage or claims for damage for personal injury,
including death, as well as from claims for property damage and any other claims of any sort
what so ever, including, but not limited to, any liabilities, claims, losses, or expenses to the
extent caused by the negligent acts, errors, or omissions or willful misconduct of CONSULTANT
or CONSULTANT's SUBCONSULTANTs, agents, or employee operations in the performance of
services under this AGREEMENT, whether such operations by CONSULTANT or by any of
CONSULTANT's SUBCONSULTANTs, or by any one or more persons directly or indirectly
employed by, or acting as agent for CONSULTANT or any of CONSULTANT's SUBCONSULTANTs
during the progress of the work or at any time before its completion and final acceptance,
excepting suits and actions brought by the CONSULTANT for default of this AGREEMENT or
arising from the negligence or willful misconduct of the LOCAL AGENCY or VTA. To the extent
applicable to CONSULTANT’S indemnity obligations hereunder, the Local Agency Council may
retain as much of the money due to the CONSULTANT as shall be reasonably necessary to
protect the LOCAL AGENCY, until disposition has been made of any such suits or claims for
damages as aforesaid.
To the extent applicable to CONSULTANT’S indemnity obligations hereunder, CONSULTANT
agrees to and shall reimburse LOCAL AGENCY's reasonable cost of defense (or, at the sole option
of the LOCAL AGENCY, CONSULTANT shall defend with counsel reasonably approved by the
LOCAL AGENCY Attorney) and indemnify LOCAL AGENCY and its elective and appointive boards,
commissions, officers, and employees from any suits or actions at law or in equity (exclusive of
any such actions brought by CONSULTANT), such indemnification to include all reasonable costs
of defense, judgments, and any awards of reasonable attorneys' fees.
Should any accident or incident causing death, personal injury or property damage occur
between the date CONSULTANT is notified that its General Liability and/or Workers
Compensation Insurance is canceled and the effective date of such cancellation, CONSULTANT's
obligation to indemnify, defend and save harmless the LOCAL AGENCY, as provided for
hereinabove, shall in no manner be affected by the fact that the LOCAL AGENCY had not
received the notice of cancellation prior to the date of such accident or incident.
6. All other terms and conditions of the Agreement remain in full force and effect.
DocuSign Envelope ID: B5BFF38A-291D-492C-861E-1D901DEEC813
Amendment No. 2 to Consultant Services Agreement LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR PROJECT 18-832-4505
IN WITNESS WHEREOF, the LOCAL AGENCY and CONSULTANT have executed this SECOND
AMENDMENT, effective as of the date first set forth above.
TOWN OF LOS GATOS by: CONSULTANT by:
_________________________ _________________________
Laurel Prevetti, Town Manager Mohamed Basma, Senior Vice President –
Division Manager
Approved as to Form: Departmental Approval:
_________________________ _________________________
Gabrielle Whelan, Town Attorney Nicolle Burnham, Parks & Public Works Director
Attest:
_________________________
Wendy Wood, Town Clerk
DocuSign Envelope ID: B5BFF38A-291D-492C-861E-1D901DEEC813
Amendment No. 2 to Consultant Services Agreement LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR PROJECT 18-832-4505
EXHIBIT A.2 – SCOPE OF SERVICES
Amended 07-03-23
Task C – Construction Support Services is hereby amended to include the following:
Task C.1.1 – Construction Support Services Project Management and Administration – Mott
MacDonald will provide construction support project management related tasks on a cost per
unit of work payment basis for the duration of the construction contract. The current
construction contract includes 270 working days. Project management services are based on
exercising prudent control of project scope, schedule, and quality of services and deliverables to
be provided. This includes coordinating the work of the Mott MacDonald team, sub consultants
and communications with the Town of Los Gatos and Caltrans.
Task C.2 – Preparing Responses to Requests for Information, Submittal Reviews and As-Built
plans:
C2.1 Attend in person meetings as requested. (Approximately 50 team hours).
C2.2 Prepare responses to contractor’s Request for Information (RFI) and Request for
Solution (RFS) as requested. (Approximately 283 team hours)
C2.3 Review and provide responses to Contractor’s submittals as requested.
(Approximately 230 team hours).
C2.4 Site Observations including on-site visits by the engineering team to observe
construction operations at critical milestones to determine whether the design intent is
met during construction. (Approximately 30 team hours).
C2.5 Maintain Records including logs of RFIs, Submittals, Shop Drawings and Requests
for Solutions (RFS). Logs will be included in monthly progress reports. (Approximately
22 team hours).
C2.6 Complete final walkthrough as requested to determine whether the intent of
construction plans has been met. (Approximately 9 team hours)
C2.7 Assist in resolution/inspection of construction issues as requested. (Approximately
30 team hours)
C2.8 Upon completion of the construction work, Mott MacDonald will prepare record
drawings based on red lines provided by the Resident Engineer. (Approximately 270
team hours).
DocuSign Envelope ID: B5BFF38A-291D-492C-861E-1D901DEEC813
Amendment No. 2 to Consultant Services Agreement LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR PROJECT 18-832-4505
EXHIBIT B.2.1 – COST PROPOSAL
Amended 07-03-23
COST PROPOSAL BY TASK
NOT TO EXCEED
SUB TASK DESCRIPTION COST
TASK A – BASIC SERVICES
Task A.1 Project Management and Coordination $26,960
Task A.2 Data Collection, Review and Site Visit $9,212
Task A.3 Surveys and Mapping $27,154
Task A.4 Utility Coordination $11,336
Task A.5 Preliminary Engineering $27,231
Task A.6 Environmental Studies and Documentation $42,991
Task A.7 Geotechnical Investigations and Reports $54,489
Task A.8 Right of Way Certification $4,400
Task A.9 Final Design $198,438
Task A.10 Coordination with Adjacent Agencies $6,601
SUBTOTAL BASIC SERVICES $408,812
Task A.11 Supplemental Reports and Services $ 49,935
Amendment No. 1 $ 90,000
AMENDED TOTAL TASK A.11 $139,935
TOTAL NOT TO EXCEED TASK A $548,747
TASK B – BID SUPPORT SERVICES
TOTAL NOT TO EXCEED TASK B $ 28,000
TASK C – CONSTRUCTION SUPPORT SERVICES
AMENDMENT No. 2 - TOTAL NOT TO EXCEED TASK C $206,371
TOTAL AMENDED CONTRACT AMOUNT NOT TO EXCEED $783,118
DocuSign Envelope ID: B5BFF38A-291D-492C-861E-1D901DEEC813
Amendment No. 2 to Consultant Services Agreement LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR PROJECT 18-832-4505
EXHIBIT B.2.2 – COST PROPOSAL
Caltrans Exhibits 10-H3
For Task C – Construction Support Services
Amended 07-03-23
DocuSign Envelope ID: B5BFF38A-291D-492C-861E-1D901DEEC813
Local Assistance Procedures Manual
EXHIBIT 10-H3 COST PROPOSAL Page 1 of 2
COST PER UNIT OF WORK CONTRACTS
(GEOTECHNICALAND MATERIAL TESTING)
EXHBIT 10-Hl Cost Proposal
Note: Mark-ups are Not Allowed
Consultant Mott MacDonald
l!'.I Prime Consultant D Subconsultant D 2nd Tier Subconsultant
Project No. TLG 18-832-4505 Contract No. Date 07/12/2023 ---------
Unit/Item of Work:
(Example: Log of Test Boring for Soils Report, or ADL Testing for Hazardous Waste Material Study) Include as many Items as necessary.
DIRECT LABOR
Professional (Classification)*
Sub-professional/Technical**
EQUIPMENT 1 (with Operator)
EQUIPMENT 2 (with Operator)
Hours 374
Consultant's Other Direct Costs (ODC) -Itemize:
Description of Item Quantity
Mileaqe Costs
Eauipment Rental and Supplies
Permit Fees
Plan Sheets
Test Subconsultant 1: Biaas Cardosa Associates
Subconsultant 2: ActiveWavz Enoineerino
Subconsultant 3:
Subconsultant 4:
Subconsultant 5:
Note: Attach additional pages if necessary
TOTAL COST PER UNIT OF WORK
NOTES:
Billing Hourly Rate ($)
196.34
Unit Unit Cost
Total($)
73,429
Total
$ 0.00 $ 0.00 $ 0.00 $ 0.00
$ 0.00
$123,931.00
$ 9 011.00
$206,371.00
1 . Key personnel must be marked with an asterisk(*) and employees that are subject to prevailing wage requirements must be marked with two asterisks(**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. The cost proposal format shall not be amended. 2.Hourly billing rates should include prevailing wage rates and be consistent with publicly advertised rates charged to
all clients (Commercial, Private or Public).3.Mobilization/De-mobilization is based on site location and number and frequency of tests/items.4.ODC items shall be based on actual costs and supported by historical data and other documentation.5. ODC items that would be considered "tools of the trade" are not reimbursable.
6.Billing Hourly Rates must be actual, allowable, and reasonable.
Page 8 of9 January 2020
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DocuSign Envelope ID: 8EEBF588-50DC-4DB6-9527-ACB8CECCE376DocuSign Envelope ID: B5BFF38A-291D-492C-861E-1D901DEEC813
Local Assistance Procedures Manual EXHBIT 10-H3 Cost Proposal
EXHIBIT 10-HJ COST PROPOSAL Page 1 of 2
COST PER UNIT OF WORK CONTRACTS
(GEOTECHNICAL AND MATERIAL TESTING)
Note: Mark-ups are Not Allowed □ Prime Consultant □ Subconsultant □ 2nd Tier Subconsultant
Consultant __________________ _
Project No. _________ _ Contract No. ---------Date -------
Unit/Item of Work:
(Example: Log of Test Boring for Soils Report, or ADL Testing for Hazardous Waste Material
Study} Include as many Items as necessary.
DIRECT LABOR Hours Billing Hourly Rate {$) Total{$)
Professional {Classification)*
Sub-professional/Technical**
EQUIPMENT 1 {with Operator)
EQUIPMENT 2 {with Operator)
Consultant's Other Direct Costs (ODC)-Itemize:
Description of Item Quantity Unit Unit Cost Total
Subconsultant 1:
Subconsultant 2:
Subconsultant 3: Subconsultant 4: Subconsultant 5:
Nole: Attach addtllonal pages if necessary.
TOTAL COST PER UNIT OF WORK
NOTES:
1 . Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. The cost proposal format shall not be amended. 2. Hourly billing rates should include prevailing wage rates and be consistent with publicly advertised rates charged to all clients (Commercial, Private or Public). 3. Mobilization/De-mobilization is based on site location and number and frequency of tests/items. 4. ODC items shall be based on actual costs and supported by historical data and other documentation. 5. ODC items that would be considered "tools of the trade' are not reimbursable. 6. Billing Hourly Rates must be actual, allowable, and reasonable.
Page 8 of 9 January 2020
* $242 is an average billing rate. Work will be billed at actual rates for each staff member.
4
Biggs Cardosa Associates
TLG 18-832-4505 07/07/2023
512 $242 *$123,931
Mileage Costs $ 0.00
Equipment Rental and Supplies $ 0.00
Permit Fees $ 0.00
Plan Sheets $ 0.00
Test $ 0.00
$ 123,931.00
DocuSign Envelope ID: B5BFF38A-291D-492C-861E-1D901DEEC813
_ _
Local Assistance Procedures Manual EXHBIT 10-H3 Cost Proposal
EXHIBIT 10-H3 COST PROPOSAL Page 2 of 2
Certification of Direct Costs:
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the
cost proposal{s) in this contract are actual, reasonable, allowable, and allocable to the contract in
accordance with the contract terms and the following requirements:
13. Generally Accepted Accounting Principles {GAAP)
14. Terms and conditions of the contract
15. Title 23 United States Code Section 112 -Letting of Contracts
16. 48 Code of Federal Regulations Part 31 -Contract Cost Principles and Procedures
17. 23 Code of Federal Regulations Part 172 -Procurement, Management, and
Administration of Engineering and Design Related Service
18. 48 Code of Federal Regulation Part 9904 -Cost Accounting Standards Board {when applicable)
All costs must be applied consistently and fair1y to all contracts. All documentation of compliance must
be retained in the project files and be in compliance with applicable federal and state requirements.
Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.
Prime Consultant or Subconsultant Certifying:
Name: ______________ _ Title*: ______________ _
Signature�: _____________ _ Date of Certification {mm/dd/yyyy...._____ : _
Email: ______________ Phone Number,_,_: ___________
Address: ________________________________ _
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.
List services the consultant is providinq under the proposed contract:
Page 9 of 9 January 2020
Mahvash Harms Vice President
07/07/2023
MHarms@BiggsCardosa.com 408-839-8878
865 The Alameda San Jose CA
Biggs Cardosa will provide limited construction support services relating to structural components.
DocuSign Envelope ID: B5BFF38A-291D-492C-861E-1D901DEEC813
Local Assistance Procedures Manual EXHBIT 10-H3 Cost Proposal
EXHIBIT 10-HJ COST PROPOSAL Page 1 of 2
COST PER UNIT OF WORK CONTRACTS
(GEOTECHNICAL AND MATERIAL TESTING)
Note: Mark-ups are Not Allowed □ Prime Consultant □ Subconsultant □ 2nd Tier Subconsultant
Consultant __________________ _
Project No. _________ _ Contract No. ---------Date -------
Unit/Item of Work:
(Example: Log of Test Boring for Soils Report, or ADL Testing for Hazardous Waste Material
Study} Include as many Items as necessary.
DIRECT LABOR Hours Billing Hourly Rate {$) Total{$)
Professional {Classification)*
Sub-professional/Technical**
EQUIPMENT 1 {with Operator)
EQUIPMENT 2 {with Operator)
Consultant's Other Direct Costs (ODC)-Itemize:
Description of Item Quantity Unit Unit Cost Total
Subconsultant 1:
Subconsultant 2:
Subconsultant 3: Subconsultant 4: Subconsultant 5:
Nole: Attach addtllonal pages if necessary.
TOTAL COST PER UNIT OF WORK
NOTES:
1 . Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. The cost proposal format shall not be amended. 2. Hourly billing rates should include prevailing wage rates and be consistent with publicly advertised rates charged to all clients (Commercial, Private or Public). 3. Mobilization/De-mobilization is based on site location and number and frequency of tests/items. 4. ODC items shall be based on actual costs and supported by historical data and other documentation. 5. ODC items that would be considered "tools of the trade' are not reimbursable. 6. Billing Hourly Rates must be actual, allowable, and reasonable.
Page 8 of 9 January 2020
4
ActiveWayz Engineering
TL 18-832-4505 07/12/2023
48 $187.73*$9,011
Mileage Costs $ 0.00
Equipment Rental and Supplies $ 0.00
Permit Fees $ 0.00
Plan Sheets $ 0.00
Test $ 0.00
$ 9,011.00
* $187.73 is an average billing rate. Work will be billed at actual rates for each staff member.
DocuSign Envelope ID: B5BFF38A-291D-492C-861E-1D901DEEC813
_ _
Local Assistance Procedures Manual EXHBIT 10-H3 Cost Proposal
EXHIBIT 10-H3 COST PROPOSAL Page 2 of 2
Certification of Direct Costs:
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the
cost proposal{s) in this contract are actual, reasonable, allowable, and allocable to the contract in
accordance with the contract terms and the following requirements:
13. Generally Accepted Accounting Principles {GAAP)
14. Terms and conditions of the contract
15. Title 23 United States Code Section 112 -Letting of Contracts
16. 48 Code of Federal Regulations Part 31 -Contract Cost Principles and Procedures
17. 23 Code of Federal Regulations Part 172 -Procurement, Management, and
Administration of Engineering and Design Related Service
18. 48 Code of Federal Regulation Part 9904 -Cost Accounting Standards Board {when applicable)
All costs must be applied consistently and fair1y to all contracts. All documentation of compliance must
be retained in the project files and be in compliance with applicable federal and state requirements.
Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.
Prime Consultant or Subconsultant Certifying:
Name: ______________ _ Title*: ______________ _
Signature�: _____________ _ Date of Certification {mm/dd/yyyy...._____ : _
Email: ______________ Phone Number,_,_: ___________
Address: ________________________________ _
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.
List services the consultant is providinq under the proposed contract:
Page 9 of 9 January 2020
Admas Zewdie President
07/12/2023
admas@activewayz.engineering 408-219-5678
2170 The Alameda, San Jose, CA 95126
ActiveWayz Engineering will provide limited construction services related to water pollution control and utility
relocations.
DocuSign Envelope ID: B5BFF38A-291D-492C-861E-1D901DEEC813
Amendment No. 2 to Consultant Services Agreement LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR PROJECT 18-832-4505 Page 1
ATTACHMENT 1
AGREEMENT FOR CONSULTANT SERVICES LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD
CONNECTOR PROJECT 18-832-4505 dated the 1st of October, 2019
and the
FIRST AMENDMENT executed on September 13, 2021
DocuSign Envelope ID: B5BFF38A-291D-492C-861E-1D901DEEC813
Page 1 of 3
Mott MacDonald – First Amendment to Agreement for Consultant Services
Los Gatos Creek Trail to Highway 9 Trailhead Connector Project CIP No. 18-832-4505
FIRST AMENDMENT TO AGREEMENT
TO THE
AGREEMENT FOR CONSULTANT SERVICES
LOS GATOS CREEK TRAIL TO HIGHWAY 9 TRAILHEAD CONNECTOR
PROJECT 18-832-4505
This First Amendment to Agreement for Consultant Services for the Los Gatos Creek Trail to
Highway 9 Trailhead Connector Project CIP No. 18-832-4505 amends that certain Agreement for
Consultant Services dated October 1, 2019, made by and between the Town of Los Gatos, ("LOCAL
AGENCY") and Mott MacDonald Group, Inc.(“CONSULTANT”).
RECITALS
A. The LOCAL AGENCY and CONSULTANT entered into an Agreement for Consultant Services
on October 1, 2019, (“Agreement”), a copy of which is attached hereto and incorporated
by reference as Attachment 1 to this Amendment.
B. The LOCAL AGENCY desires to amend the agreement to increase the scope of work,
increase compensation, and extend the term of the agreement.
AMENDMENT
1. ARTICLE I – Introduction is amended to read:
The Contract Administrator for LOCAL AGENCY will be WooJae Kim, Town Engineer.
2. ARTICLE IV Performance Period (A.) is amended to read:
The AGREEMENT shall end on 12/31/23, unless extended by AGREEMENT amendment.
3. ARTICLE V – Allowable Costs and Payments Task A Item E is amended to read:
The total amount payable by Local Agency for Task A shall not exceed $576,747.
4. Exhibit B – Cost Proposal is revised per the attached Exhibit B dated 06-30-21.
The amount for Task A.11 Supplemental Reports and Services is hereby increased from
$49,935 to $139,935 for additional reports and services to be performed as outlined in the
Scope of Services.
Compensation shall be payable as outlined in the terms of the original Agreement.
All other terms and conditions of the Agreement remain in full force and effect.
DocuSign Envelope ID: 499DC278-7744-4630-9C9A-66B32DC58007
Page 2 of 3
Mott MacDonald – First Amendment to Agreement for Consultant Services
Los Gatos Creek Trail to Highway 9 Trailhead Connector Project CIP No. 18-832-4505
IN WITNESS WHEREOF, the LOCAL AGENCY and CONSULTANT have executed this
Amendment.
LOCAL AGENCY
Town of Los Gatos by: CONSULTANT by:
_______________________________ ______________________________
Laurel Prevetti, Town Manager Name
______________________________
Title
Department Recommendation:
________________________________
Matt Morley
Director of Parks and Public Works
Approved as to Form:
________________________________
Robert Schultz, Town Attorney
Attest:
s Gatos, California
________________________________
Shelley Neis, MMC, CPMC, Town Clerk
DocuSign Envelope ID: 499DC278-7744-4630-9C9A-66B32DC58007
Senior Vice President - Division Manager
9/3/2021
9/3/2021
9/12/2021
9/13/2021
9/13/2021
Page 3 of 3
Mott MacDonald – First Amendment to Agreement for Consultant Services
Los Gatos Creek Trail to Highway 9 Trailhead Connector Project CIP No. 18-832-4505
REVISED EXHIBIT B – COST PROPOSAL
COST PROPOSAL BY TASK
(for progress payment purposes)
NOT TO EXCEED
SUB TASK DESCRIPTION COST
TASK A – BASIC SERVICES
Task A.1 Project Management and Coordination $26,960
Task A.2 Data Collection, Review and Site Visit $9,212
Task A.3 Surveys and Mapping $27,154
Task A.4 Utility Coordination $11,336
Task A.5 Preliminary Engineering $27,231
Task A.6 Environmental Studies and Documentation $42,991
Task A.7 Geotechnical Investigations and Reports $54,489
Task A.8 Right of Way Certification $4,400
Task A.9 Final Design $198,438
Task A.10 Coordination with Adjacent Agencies $6,601
SUBTOTAL BASIC SERVICES $408,812
Task A.11 Supplemental Reports and Services $49,935
Addendum No. 1 $90,000
AMENDED TOTAL TASK A.11 $139,935
TOTAL NOT TO EXCEED TASK A $548,747
TOTAL NOT TO EXCEED TASK B AND TASK C $28,000
TOTAL AMENDED CONTRACT AMOUNT NOT TO EXCEED $576,747
DocuSign Envelope ID: 499DC278-7744-4630-9C9A-66B32DC58007
ATTACHMENT 1
DocuSign Envelope ID: 499DC278-7744-4630-9C9A-66B32DC58007
DocuSign Envelope ID: 499DC278-7744-4630-9C9A-66B32DC58007
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DocuSign Envelope ID: 499DC278-7744-4630-9C9A-66B32DC58007
DocuSign Envelope ID: 499DC278-7744-4630-9C9A-66B32DC58007
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DocuSign Envelope ID: 499DC278-7744-4630-9C9A-66B32DC58007
DocuSign Envelope ID: 499DC278-7744-4630-9C9A-66B32DC58007
DocuSign Envelope ID: 499DC278-7744-4630-9C9A-66B32DC58007
DocuSign Envelope ID: 499DC278-7744-4630-9C9A-66B32DC58007
DocuSign Envelope ID: 499DC278-7744-4630-9C9A-66B32DC58007
DocuSign Envelope ID: 499DC278-7744-4630-9C9A-66B32DC58007
DocuSign Envelope ID: 499DC278-7744-4630-9C9A-66B32DC58007
DocuSign Envelope ID: 499DC278-7744-4630-9C9A-66B32DC58007
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DocuSign Envelope ID: 499DC278-7744-4630-9C9A-66B32DC58007
DocuSign Envelope ID: 499DC278-7744-4630-9C9A-66B32DC58007
DocuSign Envelope ID: 499DC278-7744-4630-9C9A-66B32DC58007
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