2002-093- Execute An Amendment To The Agreement With Harris And Associates For Construction Management Consultant Services For Project 01-06RESOLUTION 2002 - 93
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER
- TO EXECUTE AN AMENDMENT TO THE AGREEMENT
WITH HARRIS AND ASSOCIATES
FOR CONSTRiJCTION MANAGEMENT CONSULTANT SERVICES
IN CONJUNCTION WITH
PROJECT 01-06 -STREET REPAIR AND RESURFACING
WHEREAS, on April 16, 2002, the Town of Los Gatos entered into an agreement
with Harris .and Associates to perform construction management consultant services at a cost not
to exceed $98,030 in connection with the Street Repair and Resurfacing Project, in the Town of
Los Gatos.
WHEREAS, an Amendment to the Agreement is .necessary to include additional
work that was not contemplated at the time of the agreement.
NOW THEREFORE BE IT RESOLVED, by the Town Council of the Town of
Los Gatos, County of Santa Clara, State of California, that the Town of Los Gatos enter into an
Amendment to the Agreement (Exhibit A) for additional consulting services, and that the Town
.Manager is authorized, and is hereby directed, to execute an Amendment #o the Agreement.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 17th day of June, 2002 by the following vote:
COUNCIL MEMBERS:
.AYES: Steven Blanton, .Sandy Decker, .Steve Glickman, Joe Pirzynski,
Mayor Randy Attaway.
NAYS:. None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GA'I'OS, CALIFORNIA
ATTEST:
CLERK OF TI~IE TOWN O OS GATOS
LOS GATOS, CALIFORNIA
~ ~ ~~~~V~y~c~J O~ ~H~ ~Ow~ c~E~,~.
AMENDMENT TO AGREEMENT ~~' ~`~' ~~
I~~
This AMENDMENT TO AGREEMENT is entered into this~~,~/'' day of June
.2002, by and between the Town of Los Gatos, ..State of California, .herein ~~d "Town," and Harris
.Associates Inc. herein called "Consultant."
~~t~. - - -
RECITALS
A. Town and Harris .and Associates entered into an agreement for construction
management consultant services on April 16, 2002 ("Agreement"), a copy of which is
attached hereto as (Exhibit A to Amendment) and incorporated herein by reference.
C. Consultant will provide construction management services.
AMENDMENT
1, The Agreement is hereby .amended to increase compensation for services to a total
.amount not. to exceed $121,810 to provide additional work and staff time for this
project in accordance with (Exhibit B to the Amendment).
2. All other terms and conditions of the .Agreement dated .April 16, 2002 remain in full
force and effect.
IN WITNESS WHEREOF, the Town and Harris Associates Inc, have executed this Agreement as
of the date indicated on page one (1j.
Town of Los Gatos, by:
Debra J. Fgone, Town Manager
Town of Los Gatos
by: Harris and Associates
(Signature)
Recommended by:
John Curtis, Director Parks and .Public Worlcs
ATTEST::
Clerk of the Town of Los Gatos, California
Marian V. Cosgrove, Town Clerl~
(Print Name)
.Approved as to Form;
Orry P. Korb, Town Attorney
~'"x~r 8rT ",~4N
* .. ~='r~'+"f+~'1`~; + City ,').'~1I~~ ~'0~7ViV i~LER
CO': TRUCTION MANAGEMENT SEI~ ICES ~ ~.
~C~l~ ~ ~, U ~~~
It~R
THIS AGREEMENT is entered into this day of OR'~__ , 2002, b and
between the Town of Los Gatos, herein called "Town", the Town of Los C~r~-~s Redevelopment ~~
Agency, herein called "Agenc}~' and Harris and Associates, engaged in p . Y s,Ing Construction
Management services herein called the "Consultant". ~~,.."~'°"~""~'°°~" `~~d~ `~
RECITALS
A. The Town/Agency is considering undertaking activities to The Town/Agency is considering
undertaking activities to develop the Street Repair and Resurfacing Project.
B. The Town/Agency desires to engage a Construction Management Consultant to provide
professional services in conjunction with Project 01-06 -Street Repair and Repair and
Resurfacing Project / FY 01-02 because of Consultant's experience and qualifications to
perform the desired work.
C. The Consultant represents and affirms that it is qualified .and willing to perform the desired
work pursuant to this Agreement.
AGREEMENTS
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
Scope of Services. The Consultant shall provide construction.management, inspection, and
materials testing services as provided in Consultant's proposal (attached .hereto as
"Attachment 2" and incorporated by reference herein).
2. Time ofPerformance. The services ofthe Consultant are to commence upon the execution
of this Agreement and issuance of an Agency purchase order, with .completion of the
program by June 28, 2002, as provided for in Consultant's proposal.
3. Compliance with Laws. The Consultant shall comply with all applicable laws, codes,
ordinances, and regulations of governing federal, state and local laws. Consultant represents
and warrants to Town/Agency that it has all .licenses, permits, qualifications and approvals
of whatsoever nature which are legally required for Consultant to practice its profession.
Consultantrepresentsavd warrants to Town/Agencythat Consultant shall, at its sole cost and
expense, keep in effect or obtain at all times during the term of this Agreement any licenses,
,permits, and approvals whch:are legally required for Consultant to practice .its profession.
Consultant shad] maintain a Town of Los Gatos business license pursuant to Chapter 14 of
the Code of the Town of Los Gatos.
4. Sole Responsibility. Consultant shall be responsible for emp oyng or engaging all persons
necessary to perform the services under this Agreement.
Page 1 of 6
Exhibit A to
Amendment
'S.~ Information/ReportIHandlin .All documents furnished to Consultantbythe Town/Agency
and al] reports and ~ portive data prepared by the Consulta( ~.nder this Agreement are the
Town/Agency's property and shall bedelivered tothe Town/Agency upon the completion of
Consultant's services or atthe Town/Agency's written request. All reports,_nformation, data,
and exhibits prepared or assembled by Consultant in connection with the performance of its
services pursuant to this Agreement are confidential until released by the Town/Agency to
the public, and the Consultant shall. not make any of the these documents or information
available to any individual or organization not employed by the Consultant ~or the
Town/Agency without the written consent of the Town/Agency before such release. The
Town/Agency acknowledges that the reports to be prepared by the Consultant pursuant to
this Agreement are for the purpose of evaluating a defined project, and Town/Agency's use
of the information conCaned in the reports prepared by the Consultant in connection with
other prof ects shall be solely at Town/Agency's risk, unless Consultant expressly consents
to such use in writing. Town/Agency further agrees that it will not appropriate any
methodology or technique of Consultant which is and has been confirmed in writing by
Consultant to be a trade secret of Consultant.
6. Compensation. Compensation for Consultant's professional services shall .not exceed
$98,030, and payment shall be based upon Town/Agency's approval of each task.
Billing shall be accompanied. by a detailed explanation ofthe work performed by whom at
what rate and on what date. Also, plans, specifications, documents or .other pertinent
materials shall be submitted for Town/Agency review, even if only in partial or draft .form.
Payment shall be net thirty (30) days.
All invoices andstatements tothe Town/Agencyshallreference the'Town/Agency's purchase
order number and be addressed as .follows:
.INVOICES: STATEMENTS:
'Town of Los Gatos Town of Los Gatos
Attn: Accounts Payable Attn: Finance Department
P.O. Box 655 P.O. Box 655
.Los Gatos, CA 95030 Los Gatos, CA 95030
7. Availability of Records. Consultant shall maintain the records supporting this bilking for not
less than three years following completion of the work under this Agreement. Consultant
shall make these records available to authorized personnel of the- Town/Agency at the
Consultant's offices during business hours upon written request of the Town/Agency.
8. ProjectManager. The Proj ect Manager forthe Consultant for the work under this Agreement
shall be Brian IDanley.
9. Assicnabiltyand Subcontracting. The services to be performed under this Agreement are
unique and personal to the Consultant. No portion of these services shall be assigned or
.subcontracted without the written consent of the Town/Agency.
Page 2 of 6
. ~ G. Notices. Any notice required to be given shall be deemed to be duly and properly given if
` mailed postage prey 'd, and addressed to: ~
~ John E. Curtis TO CONSULTANT:.
.Director of Parks and Public Works Harris and Associates
Town of Los Gatos 120 Masori Circle
Post Office Box 949 Concord, CA 94520-1214
Los Gatos, CA 95030
or personally delivered to Consultant to such address or such other address as Consultant
designates in writing to Town/Agency.
11. Independent Contractor. It is understood that the Consultant, in the performance of the work
.and services agreed to be performed, shall act as and bean independent contractor and .not
an agent or employee of the Town/Agency. As an independent contractor he/she shall not
obtain any rights to retirement benefits or other benefits which accrue to Town/Agency
employee(s). With prior written consent, the Consultant may perform some obligations
under this Agreement by subcontracting, but .may not delegate ultimate responsibility for
performance or assign or transfer interests under this Agreement.
Consultant agrees to testify in any litgation~brought regarding the subject of the work to be
performedunderthis Agreement. Consultant shall be compensated forits costs and expenses
in preparing for, traveling to, and testifying in such matters at its then current hourly rates of
.compensation, unless such litigation is brought by Consultant or is based on allegations of
Consultant's negligent performance or wrongdoing.
12. Conflict of Interest. Consultant understands that its professional responsibilities is solely to
the Town/Agency. The Consultant has and shall not obtain any holding. or .interest within
the Town/Agency of the Town of Los Gatos. Consultant has no business holdings or
agreements with any individual member of the Staff or management of the Town/Agency or
its representatives .nor shall it enter into any such holdings or agreements. In addition,
Consultant warrants that it does not .presently and shall not acquire any direct or indirect
interest .adverse to those of the Town/Agency in the subject of this Agreement, and it shall
.immediately disassociate itself from such an interest should it discover it has done so and
shall, at the Town/Agency's sole discretion, divest itself of such interest. Consultant shall
not .knowingly acid shall take reasonable steps to ensure that it does not employ a person
having such an .interest in this performance of this Agreement. If after employment of a
person, Consultant discovers it has employed a person with a direct or indirect interest that
would conflict with its performance of this Agreement, Consultant shall promptly notify
Town/Agency of this employment relationship, and shall, at the Town/Agency's so e
discretion, sever any such employment relationship.
13. Equal Employment Opportunity. Consultant warrants that it is an :equal opportunity
employer and shall comply with applicable regulations .governing equal employment
opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate
against persons employed or seeking employment with them on the basis of age, sex, color,
xace, marital status, sexual orientation, ancestry, physical or mental disability, national origin,
religion, or medical condition, unless based upon a bona fide occupational qualification
pursuant to the California Fair Employment & Housing Act.
Page 3 of 6
.14. Insurance.
~, ~.
A. Minimum Scope of Insurance:
i. Consultant agrees to .have .and. maintain, for the .duration of the contract, General
Liability insurance policies insuring him/her and his/her firm to an amount notless
than: one million dollars :($1,000;000) combined single limit per occurrence for
bodily injury, personal injury and property damage..
ii. Consultant agrees to have and maintain for the duration of the contract, an
Automobile Liability insurance policy ensuring him/her and his/her staff to an
amount not less than one million dollars ($1,000,000) combined single limit per
accident for bodily injury and property damage.
iii. Consultant shall provide to the Town/Agency all certificates of insurance, with
original endorsements effecting coverage. Consultant agrees that all certificates
and endorsements are to be received and approved by the Town/Agency before
work commences.
iv. Consultant agrees to have and maintain, for the duration of the contract,
professional liability .insurance in amounts not .less than $1.,000,000 which. is
sufficient to insure Consultant for professional errors or omissions in the
performance of the particular scope of work under this agreement.
B. General Liability:
i. The Town/Agency, .its officers, officials, employees and volunteers are to be
.covered as insured as respects: liability arising out of activities performed by or
on behalf of the Consultant; products and completed operations of Consultant,
premises owned orused by the Consultant. This requirement does not apply to the
professional liability insurance required for professional errors and omissions.
ii. The Consultant's insurance coverage shall be primary insurance as respects the
Town/Agency, its officers, officials, employees and volunteers. Any insurance
or self-insurances .maintained by the Town/Agency, its .officers, .officials,
employees or volunteers shall be excess ofthe Consultant's insurance and shall not
contribute with it.
.iii. Any .failure to comply with reporting provisions of the policies shall not affect
coverage provided to the Town7Agency, its officers, officials, employees or
volunteers.
iv. The Consultant's insurance shall apply separately to each insured against whom
a claim is made or suit is brought, except with respect to the limits ofthe insurer's
liability.
C. All Coverages: Each insurance policy required in this item shall be endorsed to state
that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits
except after thirty {30) days' prior written notice by certified mail, return receipt
requested, has been given to the Town/Agency.
Page 4 of 6
Current certifi~ on of such insurance shall be kept on( ~ at all times during the term
of this agreement with the Clerk/Secretary of the TowrvAgency.
D. In addition to these policies, Consultant shall .have and maintain Workers'
Compensation insurance as required by California law and shall provide evidence of
such policy to the Town/Agency before beginning services under this Agreement.
Further, Consultantshall ensurethat all subcontractors employed by Consultantprovide
the required Workers' Compensation insurance for their respective employees.
15. Indemnification. The Consultant shall save, keep and hold harmless indemnify and defend
the Town/Agencyits officers, agent,. employees.and volunteers from all damages, liabilities,
penalties, costs, or expenses in law or equity that may at any time arise or be set up because
of damages to property or personal injury received by reason of, or in the course of
performing. work which may be occasioned by a willful or negligent act or omissions of the
Consultant, or any of the Consultant's officers, employees, or agents or..any subconsultant.
16. Waiver. No failure on the part of either party to exercise any right or. remedyhereunder shall
operate as a waiver of any other right or remedy that party may .have hereunder, nor does
waiver of a breach or default under this Agreement constitute a continuing waiver of a
subsequent breach of the same or .any other provision of this Agreement.
17. Governing Law. This Agreement, regardless of where executed, shall be governed by and
.construed to the laws of the State of California. Venue for any action .regarding this
Agreement shall be in the Superior Court of the County of Santa Clara.
18. Termination of Agreement. The Town/Agency and the Consultant shall have the right to
terminate this agreement with or without cause by .giving not :Tess than fifteen (15) days
written notice of termination. In the event of termination, the Consultant shall deliver to the
Town/Agency all plans, files, documents; reports, performed to date by the Consultant. In
the event of such termination, TownlAgencyshall.pay Consultant an amount that bears the
same .ratio to the maximum contract price as the work delivered to the Town/Agency bears
to completed services contemplated under this Agreement pursuantto Attachment 4 hereto,
unless such termination is made for cause, in which event, compensation, if any, shall be
adjusted in light of the particular facts and circumstances involved in such termination.
19. Amendment. No modification, waiver, mutual termination, or amendment ofthisAgreement
is effective unless made in writing and signed by the Town/Agency and the Consultant.
20. Disputes. In any dispute over any .aspect of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, including costs of appeal.
21. Entire .Agreement. This Agreement, including. Attachment 2, constitutes the complete and
exclusive statement of the Agreement between Town/Agency and Consultant. No terms,
conditions, understandings or agreements purporting to modify or vary this Agreement,
unless hereafter made in writing and signed by the party to be bound, shall be binding on
either party.
Page 5 of 6
1N'1~V1?N~? S S W1~REOF, the Town/Agency ar-d Consultant laave exec uted this A~rcemet-t
as ofthe date indicated on page ouo (1),
TOVV l1~08NCY ()F TFi~
To o ' z,os GA'ros, by:
DCbra T, .Fig e
Town Manager ecuitve Director
CONSULTANT;
I arris a~d.Assoc' tes
Reco nded by;
10 ~n '. Cuztis
D cc r of Pails azid Public Wozks
Appro a~•P~~--~
•y r, r~orb
Town Attorney/General Counsel
Attcstt
r-7 ~ r
(print Name)
(CoinpanY)
C1crk/5ccrctaryofthe~edevelopia~entA~ency
t.os Gatos, Ca1'fptYr
..
i 2
Mar n o~~cvvc
Paid 6 0~' 6
CO 'd I£b9G5E80~ 'ON X~~ SO~d~ SO'1 ~0 Nh10J, Wd OZ c I i ~(l~ ZOOZ-9'l-~d~
May 31, 2002
Kevin Rohani, P.E., Town Engineer
Town of Los Gatos
Parks & Public Works Department
P.O. Box 949
Los Gatos, CA 95031
Subject: 2OO1.Street Repair and Resurfacing Project
Contxact Amendment for additional effort
Dear 1VIr. Rohani:
'Harris & Assoc ates
Program Managers
Construction .Managers
Civil Engineers
Harris & Associates is pleased that you requested our services .for construction
management, inspection, and materials testing for the 2001 Street .Repair and .Resurfacing.
project. Per our conversation, this amendment is being. prepared .for additional effort
required to complete the project. We ask for a contract amendment in the amount of
$23,780.00..
The degree of cervices that has been required to meet the Town's needs has greatly
increased from the original .scope of work. The original scope was based on forty days of
construction inspection and materials testing. As of today, the project is at day thirty-nine
and the project may extend for another ten to fifteen .days. For the construction
management portion of the project, the original scope was for 64 hours. and to date a total
of 101 hours has been required. That is a total of 37 additional hours for an average of
thirteen hours a week. Assuming three more weeks to complete the construction phase of
the work, the total costs are:
15 days @ $1,100.00/day $16;500.00
37 Hours @.$140.00/hour S,1S0.OO
15 hours additional CM @ $140.00 2,100.:00
Total $23,780.00
The additional thirty-seven construction management hours were for the work required to
remove Phillips and High from the Granite contract and to repackage it with Cypress for
rebidding as a separate project. This work included performing field measurements,
engineering cost estimate, review of the spec and details, in :addition to assisting with the
pre-bid walkthrough of the project. Also, the additional hours were for the work to address
the Los Gatos Blvd. Claim from Granite Construction. There have .also been additional
Exhibit B to
.Amendment
178 Second Street, Suite C Gilroy, California 9502D 408:842:5777 fAX 408:842.5758 gilroy@harris-assoc,com
Kevin Rohani, Town of T ~s Gatos
Contract Amendment ~
Page 2 of 2
the Los Gatos Blvd. Claire from Granite Construction. There have also been additional
meetings to attend, and the review ofpast correspondence between the Town, Granite, and
.Materials Labs, plus written correspondence to the Contractor on resolving this issue.
If this request is acceptable, please authorize this amendment with signatures at the bottom
of this letter and the attached duplicate original. Please return one fully executed wet
signature for our records. .
Sincerely,
HA/R~RIS & ASSOCIATES
o~- D1
~~ ran A. Danley, PE
Vice President
ACCEPTED BY:
Town Administrator Date
Town Engineer Date
K:~Projects\Los Gatos~2001 resurfacing\conh•actamendment,dor, ~~
Harr~~ ~ .Ass®ciat~s
:March 21, 2002
Mr. Kevin Rohani
Town Engineer
Town of Los Gatos
41 1Vliles Avenue
.Los Gatos, CA 95031
i
Harris & Associates
Program .Managers
Consvuccion Managers
Civil Engineers
RE: Town of Los Gatos -fear 2001/2002 Street :Repair and Resurfacing Project
Town Project O1-06 .
Fee Estimate for Construction Management, Inspection and Materials Testing
Dear Kevin:
Based on our discussions of the construction management, inspection and materials testing
needs for the remaining work on your Year 2001/2002 Street Repair and Resurfacing Project;
Town Project O l -06, we have prepared the attached level of effort .and fee estimate. Our
scope of services shall be as indicated in our'Statement of Qualfications~dated February 5,
2002, and in accordance with the :plans and specifications issued for this project..
Ourfee estimate as detailed in Attachment A is based on.work commencing on April $ and
completing by May 31. If the City requires additional services, the billing rate will be
$1 ] 00/day.
Yours truly,
Brian A. Danley, PE
Vice President
.Attachments
120 Mason Circle Concord, California 94520-1214 925.827.4900 FAX 925.827.4982 concord@harris-assoc.com
Attachment 2 ,
,.
/ Attachment A
Town. of Los Gatos -Year 2001/2002 Street Repair and Resurfacing Project
Town Project 01-06
Construction I19anagement, Inspection :and Materials Testing Services
Level of Effort and Fee Estimate
Preconstruction Phase
Construction Manager 4 hrs @ $140 $ 560
Inspector 4 hrs @ $105 420
Subtotal $ 98U
Construction Phase (40 working days)
Consiruction Manager 64 hrs @ $140 $ 8,960
Inspector 360 hrs @ $105 $37,800
Administrative 32 hrs @ $ 65 $ 2,080
Project Principal 8 hrs @ $220 $ 1.,760
Materials Testing {See Attachment B) $40,480
Markup on Subconsultant (1D%) $ 4;050
Subtotal $95,.130
Closeout Phase
Construction Manager 4 hrs @ $140 , $ 560
Inspector 8 hrs @ $105 $ 840
Administrative 8 hrs @ $ 65 $ ..520
Subtotal $ 1;920
Total $98,U30
Assumptions:
1. There will be two separate concurrent construction contracts. Total duration will not
exceed 40 working days. Al] construction will. be completed no ]aver than May 31,
2002.
2. Al] equipment including trucks, .cell phones, and radios are .included in the noted
rates.
.Revised 3/22/02
lei
Harris & Associates
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