2002-037- Authorizing The Town Manager -Executive Director To Execute An Amendment To The Agreement With Nichlos Consulting Engineers For Professional Services In Conjunction WithRESOLUTION 2002 - 37
RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY
OF THE TOWN OF .LOS GATOS
AUTHORIZING THE TOWN MANAGER/EXECUTIVE DIRECTOR
TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH NICHOLS
CONSULTING ENGINEERS FOR PROFESSIONAL SERVICES IN CONJUNCTION
WITH THE STREET REPAIR AND RESURFACING PROJECT
WHEREAS, on March 5, 2001, the Town of Los Gatos entered into an agreement
with Nichols Consulting Engineers, to perform design engineering services at a cost not to
exceed $275,000 in connection with the Street Resurfacing Project in the Town of Los Gatos.
WHEREAS, an Amendment to the Agreement is necessary to include
construction management work performed by this firm last year and engineering services that
would be needed during the remaining portion of the prof ect construction which was not
included in the original contract. for the street resurfacing program.
NOW THEREFORE BE IT RESOLVED, by the Town Council/
Redevelopment Agency of the Town of Los Gatos, County of Santa Clara, State of California,
that the Town of Los Gatos enter .into a second Amendment to the Agreement (Exhibit A) for
additional consulting services, and that the Town Manager/Executive Director is authorized, and
is hereby directed, to execute a second Amendment to the Agreement.
- - PASSED AND ADOPTED at a regular meeting of the Town
Council/Redevelopment Agency of the Town of Los Gatos, California, held on the 1st day of
April, 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
ENT AGENCY
OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
SIGNED:
MAYOR/CHAIR OF THE RED ELOPM
ATTEST:
CLERK/SECRETARY OF THE ELOPMENT AGENCY
OF THE TOWN OF Lt~S GATOS
LOS GATOS, CALIFORNIA
.,~ ~'I~.E OF °i'HE TOwN CLF.Itk
MGR ~ ,~ , O
iHH
~JRD
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AMENDMENT TO AGREEMENT
This SECOND AMENDMENT TO AGREEMENT is entered into this 1 S` day of
April, 2002,. by and between the Town of Los Gatos, State of California, herein called "Town,"
and Nichols Consulting Engineers, herein called "Consultant;"
RECITALS
A. Town and Nichols Consulting Engineers entered into an agreement .for engineering
consultant services on March 5, 200'1 ("Agreement"), a copy of which is attached hereto
as Attachment 2 and incorporated .herein by reference.
B. Consultant will provide construction management work previously performed by this
firm under the terms of the Agreement and engineering services that would be needed
.during the remaining portion of the project construction which was not :included in the
original contract for the street resurfacing program.
AMENDMENT
1. The Agreement is :hereby amended to provide :additional work and staff time for this
project in accordance with (Attachment 3) to this Amendment, attached hereto and
incorporated herein by this reference.
2. All other terms and conditions of the Agreement dated March 5, 2001 remain in fixll
force and effect.
IN WITNESS WHEREOF., the Town and Nichols Consulting Engineers have executed
this Agreement as of the date indicated on page one (1 j.
by: Nichols Consulting Engineers
Town of Los Gatos, by:
Debra J. Figone,
(Signature)
Town Manager
Recommended by:
John E. Curtis
Director of Parks and Public Works
(Print Name)
Approved as to Form:
ATTEST:
Orry P. Korb, Town Attorney
Clerk of the Town of Los Gatos,
in--to-~uu Wta 0801 A { l3~5~A431
,~ P, 01
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OFF'ZCE OF THE TOWN CLERK
:AGR~- ~(?~6
AGREEMENT FOR t~yn, lJlvGily ERI~NG CONSCJLTA ~ ~ • ~~
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TH:TS AGREEMENT' is entered into this _ REC
between the Town of Los Gatos, State of California,. h of n called the ' To un,2a0n ' be 1 nd
Consultyng F,ngineers, Chtd,, engaged in providing Civil Engineering cvnsultin se ~ o• q ~
called the "Consultant", g rvices h~re~n
1ZECI'Z' 1 C
,A. The Town is consideiyng undertaking activities to .develop and implement its 2001 Strdct
Resurfacing Program.
~• The Town desires to engage a Civil Engineering Consultant to rovide consul '
in conjunction with the design and construction of the Towns 2001 Strcct R surf' wing
Program, because of Consultant's experience and qualifications to perfornz the desired work.
C- Tlic Consultant represents and affirms that it is gualificd and willing to perform the desired
work pursuant to this Agreement.
A ' ~ ~' ENTS
1V~OW, THEREFORE, TILE PARTIES HERETO AGREE AS F'O~,LOWS:
1. Sco a of Service. The Consultant shall provide the following services listed below.
High level civil engineering work associated with the Town's 2001 Street Resurfacing
Program performed on a project specific basis when so requested by the 'T'own. Tn general
the Scope of Services shall be as described in Exhibit A attached hereto and incorporated
herein by reference. For each project specific request, the Town and Consultant shall agree
in writing to the specific scope of services to be rendered. A separate Notice to Proceed and
Town Purchase .Order will be issued to Consultant for each specific project,
2~ Time ofPerformance In performance ofthisA
essence and the services to be rendered by the Consultant sh 1 be perfonrmcd within~he t me
frame specified .for each speclfia project. The Consultant and Town in advance pf the
issuance oFa Notice to proceed for cacti specific project shall agree in writingto the schedule
for each specific project. Any deviations front lase agreed to schedule hall be agreed a on
between the Town and .Consultant. Notwithstanding, all work under this Agreement shall
be completed by June 30, 2002..
keviscd; Novom6url3, 2000 Page 1 of 7
N'~~4E1CONTRAG`11NC7tiALTmt.wpd
Attachment 2
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FAX N0, 408348431
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P, 02
3' ~ncc with Laws. The Consultant shall comply with all applicable laws, codes
ordinances, and regulations of govcming federal,state and local laws, Consultant represents
and warra<ts to Town that it has. ~ licenses,. permits, qualifications and approvals of
whatsoever nature which arc legally required for Consultant to practice its rofe '
Consultant represents and warrants to Town that Consultant shall, at its sole c sslon.
expense, keep in effect or obtain at all times during the term of this Agreement an 1lcens 5~
permits, and approvals which are legally Required for Consultant to practice its profession.
Consultant shall maintain a Town of Los Gatos business license pursuant to Cha ter 14 oC
he Code of the Town of Los Gatos. P
4• iiit ,Consultant shall be responsible for employing or engaging all persons
accessary ro perform the se1•viccs under .this Agreement.
5• :~1>~4.~matiQn/Report H'anrllinn• All .documents fu171ished to Consultant by the Townand all
reports and supportive data preparersby the ConsultantunderthisAgmomentnrc the Town's
property and hall be dcliveced to the Town .upon the colnplction of Consultant's crviees or
at the Town's written request. All reports, information, data, and exhibits re are
.assembled by Consultant in .connection with the performance of its sclviccs pursuant todthis
Agreement are confidential until released by the Town to the public, and the Consultant .s
not make. any of the these documents or inforrnatiou available o any individual olr
organzationnotemployed bythe Consultant or the Town without the written consent of the
Town before such 1~clzase. The Town acknowledges that the reports to be prepared b the
Consultant pursuant to this Agreement a!•e for the purpose of evaluating a defined ro
and Town's use of the information contained in the reports prepared by the Consupltant its
connection with other projects shall be solely at Town's risk, unless Consultant ex ressln
consents to such use in writing. Town further agrees that it will not .appropriate any
methodology or technique of Consultant which is and has been confirmed in writing by
Consultantto be a trade secret of Consultant.
6• Com ration. Compensation for Consultant's professional services performed under this
Agreement shall not excecdTwo-Hundred-Seventy-1~ivc-Thousand dollars ($275,000), and
payment shah be based upon Town approval of each specific project. for each pz'oject
specs tic request, the Town and Consultant shall agree rn venting to a "not to exceed" fee for
the specific project,
Billingshall be accompanied by a detailed explanation of the work performed by whom at
what rate and on what date. Also, plans, specs hcations, documents or other rtinont
materials shall be submitted for Town review, even if only in partial or draft form Billie
shall be based on all labor and direct expensa charges made for work lxrfvnncd on the
specific project(s),
Payment shall be net thirty (30) days.
Roviccd: Novoml~eas.2ooo Pagc 2 of 7
N~IBJ~EICONTRACTWCGA~rmtw~!
MAY-16 2001 WED 0802 AM TOWN OF LOS GATOS FAX N0. 4083548431 P, 03
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Unless otherwise agreed to in writing for each specific project, the labor chat~gos shall be in
accordance with the Fce Schedule hcrea fter refeircd to as Exhibit B, as may be amended, and
.incorporated lielein by reference.
All invoices and statements to the Town shall reference the Town's purchase order numbor
and be addressed as follows:
Invoices;
Town of Los Gatos
Attn: Accounts Payable
l?.O. ]3ox 655
Los C.ratos, CA 9.5031
Statements:
Town of Los Gatos
Attn; Finance Dcpartrncnt
P.O. Box 655
Los Gatos, CA 95031
7. Availability of Records. Consultantshallmamtain the records supporting this billing for not
less than three{3) years fol]o'wing completion of the workunder this Agreement, Consultant
shall make these records available to authorized personnel of the Town at the ConsrzItant's
offices durittg business hours upon written request of the Town.
8. ~o jeet Manag,g~. The l?roject Manager for the Consultant for the work under this Agreement
shall be Mary R. Erchul, P,E,.
9, Ass' ` ' Subcontractin . Tlae services to be performed under this Agreement are
unique and personal to the Consultant. N'o portion of these .services shall be assigned or
subcontraded without the written. consent of the Town.
10. N~li_ees. Any notice required to be given shall be deemed to be duly :and properly given if
mailed postage prepaid, acrd addressedl to;
To Town:
To Consultant:
Larry I. Perlin
Director of Parks & Public Works
Town of Los Gatos
1'O Box 949
Los Gatos, CA 9503.1
Mary R. Erchul, bivision Manager
Nichols Consulting Engineers, Chtd.
l 101 Pacific Avenue, Suite 300
Santa Cni~, CA 95060
ar personally delivered to Consultant to such address or such other .address as Consultant
designates in writing to Town.
11 • lndepc,ndent Contractor. It is understood that the Consultant, in the performance of the work
and services agreed to be performed,. shall act as and be an independent contractor and not
RGVU~J: November 13, 2000
N;1BS:CIC:Y)N7R ACIINCF,Agrmt.wpd
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FAX N0. 408348431
P, 04
an agent or eml?loyec of the Town. As an independent contractor he/she shall not obtain any
rights to retit~cment benefits or other benefits which accrue to Town employee(s), With rior
written consent, the Consultant may perform some obligations under this Agreement b
,Subcontracting, but may not delegate ultimate responsibility for per!'ormanee or assi n ol•
transfer interests under this .Agreement. K
Consultant agrees to testify in any litigation brought l'egarding the subject of the work to be
performed under this agreement. Consultant shall be compensated forits costs and expenses
in preparing. for, traveling to, and testi tying in such matters at tts then current hourly rates
of compensation, unless such litigation is brought by Consultant or is based on allegations
of Consultant's negligent Performance or rwrongdoing.
l 2, Ss t of ?mere t. Consultant understands that its professional Tesponsibiltles is solely to
the Town. The Consultant has and shat! not obtain any holding or interest within the Town
of Los Gatos, Consultant has no business holdings or agreements with any individual
.member of the Staff or management of the Town or its rcpresenlatves 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 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's sole discretion, divest itself of such
interest. Consultant shall notknowngly and shall take rcasonablesteps to ensurethat it does
not employ a person leaving such an interest in this petfot•tnance of this Agreement. If after
employment of a person, Consultant discovers it has employed a person with a direct or
Indirect interest that would conFlictwth its perl'ormat~c~ of this Agreement, Consultant shat!
promptly notify Town of this employment re]ationshi;p, and hall, at the Town's sole
discretion, sever any such employment relationship.
13, I?gual Emylovment nort„n;+.~
QP 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 scclang employment with them on the'basis of age, sox, color,
race, marital status, sexual orientation, ancestry, physical or mental disability, national
origin, religion, or medical condition, unless based upon a bona fide occupational
qualification pursuant tv the California Fair EmpIoyrnent & Housing t1ct.
14. Insurance.
A. Minimum Scope of Insurance:
i, Consultant agrees to :have and maintain, for the duration of the contract,
General Liability insurance policies insurins him/her aad lusher firm to ail
amount not lessthan: one million dollars ($1,000,000) combined single limit
per occurrence for bodily injury, petsonal injury and property damage.
R+;viECd; November 13,.2000 Page 4 of 7
N;Ili,~h'1CQNT1ZACtWCEAgrmlwtxl
MAY-16-2001 .WED 08,03 AM TOWN OF LOS GATOS FAX N0. 408354841
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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 all ccrti'ficatcs of insurance, with
original endorsements effectins coverage. Consultant agrees that alI
certificates and endorsements are to be received and approved by tho Town
before work commences.
iv. Consultant agrees to .have and maintain, for the duration of the contract,
professional liability insurance in amounts not Iess than $1.,000,000 whichis
sufficient to insure Consultant for professional errors or omissions in the
pei~fonnance of the particular scope of work under this agreement.
B, General Liability;
i. The Town, its officers, officials, employees and volunteers are to be covered
as insured as respects: liability arising out of activities performed by or on
behaaf of the Consultant; products and completed operations of Consultant,
premises owned or usedby the Consultant. This requirement dots not apply
to the3 professional Liability insurance .required for professional. errors and
omissions.
ii. Ths Consultant's .insurance coverage shall be primary insurance as respects
the Town, its officers, officials, employees and volunteers. Any insurance or
self-uisurances maintained by the Town, .Its officers, officials, emplvyccs or
volunteers shall be excess of the Consultant's insurance ancf shall not
contribute with it.
.iii. Any failure to comply with reporting .provisions of the policies shall not
affect coverage provided to the Town, its officers, officials, ernployces or
volunteers.
iv. The Consultant's insurance shall apply separately to each insured against
whom a claim is made or suit is brought, except with respect to the limits of
the insurer`s liability.
C. .All Coverages: Each insurance policy ~equircd in this item shall be endorsed to state
that coverage shall not be suspended, voided, cancelled, reduced in coverage or in
limits except after thirty (30) days' :prior 'written notica by certified mail, retunt
receipt requested, has been given to the Town, cullent certi Citation ofsuch inuur-ante
Revised: Nuvemfxx 13, 2oc)4 Page 5 of 7
N:1B~11C0NTRAC 11N(:hA~rmcwpd
MAY?16-2001 WED 08,03 AM TOWN OF LOS GATOS FAX N0, 40835484,~~ P, 06
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shall bekept on file atall times during the lerrn of this agreement with the Town
Gcrk,
D. Yn addition to these policies, Consultant shall have and maintain Workers'
Coznpcnsation insurance as required by CaIifomia law and shall provide evidence of
such ;policy to the Town before beginning services under this Agreement. rttrther,
Consultant shall ensure that all subcontractors employed by Consultant provide the
required Workers' Compensation insurance for their respective employees.
1 S. ~ttdemni~catio,~, The Consultant shall save, keep and hold hartrilcss indemnify and defend
the Town its officers, agent, employees and volunteers from all damages, liabilities,
penalties, costs., or expenses in law or equity that nay 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
Consulttnt, or any of the Consultant's officers, employees, or agents or any subconsultant.
16, give . N'o failure on the part of either party to exercise any fight or remedy hereunder shall
operate as a waiver of any .other right or retuedy 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. ~yemng_Law. This Agreement, regardless of where executed, shall be governed by and
construed to the laws of the State of California, Venue for any action regarding .this
Agreement shall be in the Superior or Municipal Court of the County of Santa Clara.
l 8, Termination of Asz*xment. The Town and the Consultant shall have the right to terminate
this agreement with or without ca>lse by giving not less than fifteen (15) days written notice
of termination. xn the event of termination, the Consultant shall deliver to the Town all
plans, files, documents and reports pciformed to date by the Consultant. In the event of such
terminatiou,'Town sha]1pay Consultant an amount that bears the same ratio to the maximum
contract price as the work delivered to the Town bears to completed services :contemplated
under this Agreement, unless such termination is made for cause, in which event,
compensation, if aay, shall be adjusted in .light of the particular facts and circumstances
involved in such termination.
19. Amc t. No modi fication, waivei•,mutudl eianination, or amendmentofthis Agreement
is effective unless made in writing and signed by the Town and the Consultant.
20. 's te5. 7n any dispute over any aspect of this Agi~ccment, the rcvailin
.entitled to reasonable attorney's fees, including costs of appeal, p g party shall bo
21. Entire Agreement. This Agreement, including Bxhibits A and B attached hereto, constiwtcs
.the complete and exclusive statement of the Agrcctnent between the Town and Consultant,
Rcvihal; November 13,?A00 Pagc 6 of 7
N:IK&h1CUNTTtAC11NCEASrmLw~C1
MRY-16-2001 WED 0803 AM TOWN OF LOS GATOS FAX N0, 408354891 p, 07
No teems, conditions, understandings or agreements purporting to modify or vary this
.Agreement, unless hereafter made in writing .and signed by the party to be bound, shah be
binding on either party,
IN WITNESS W ~YEREOF, the Town and Consultant have executed this Agreement as of the
date indicated on page one {l),
Town of Los Gatos, by;
llebra igone, Town Manager
Approved as to form:
Orry orb, Town Attorney
Consultant, by:
~~~G
'gnaturc
~~r w,e s ~. / y/~`o
Print Name.
~rCS~cYe~ ~"
Title
Attest: ~• ~ '`~ % • .
..1~, - ~ , • ,, ,
Clerk of the Town cl`L'.os Gatos,
Los Gat/o , al' ~ _~- '
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Ruvi:~~: Nwwnlwr t3, zo00 Page 7 of 7
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FXNI~3IT A
FAX 'N0, 4083548431
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SCOPE Or SJE<JRyICF,S
High level Civil Engineering services, as agreed upon between Town and Consultant, .and
further derned in a project specific scope of services approved in writing. by the Town and
Consultant. Tn general, the scope of services may include, but not be limited to, the fol
services: Design, coordinate, acirnirristcr, and manage public works ro'ccts of a v lowing
of difficulty; develop, :review, and. revise standards for the design and onstn~ctinn ofrfaca'ti se
within the public right-of--way including streets, storm drains, roadway structures, pedesti!•ian
facilities, traff"ac safety and control devices, prepare requests for qualifications and requests for
proposals for sub-consultant work as necessary; negotiate and manage sub-consultant contracts;
prepare recommendations for resolution of engineering problems considering all factors
including economic feasibility; :coordinate work with other Town departments and outside
agencies as necessary; .consult and/or negotiate with contractors, engineers, and the general
public as directed; collect and maintain data, schedules, and records; prepare clear and concise
correspondence; prepare reports and present complex projects .and issues to Town officials and
the public; develop and implement public information programs .for various projects;. and
.perform other related duties as directed by the Town.
For each. specific project, the Consultant .and the Tovun shall agree in writing to the project
specific scope of services.
P, 08
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P. 10
' . 'Nit:ho(s ~ansu(ting Engine~Chtd,
~trem~e{ ; npltrlalt Ea`ia~e~~°6 '^
NCE k'EE SC~DULE
EPl'eMiive Mu'cb '1, 2001
A• Time Plus E:peaces 38surlii
~ioaNy .Rate
print{Dal
QC/QA Manager S 190.00
Pmt°ctManaga S 150,00
Senior fingirtcer S 130.00
protect Engineer 5 125.00
StatY'Eagfneer 5.90.00
Resident l?nglneer 5 80.00
CAl?D ~~~~ S 80.00
Tochnician S 80.00
Clerlca)
Bxport Witness ~ S 60.00
. 5 G0.00
5 500.00 (4 hour minimum)
Palling Weight Deflectomerer tvirh Operator (1/2 day minimum)
Coring Rig 5 1,800/day
NCE vehicles S I,000/day
S 60/day
A prcmiutn will be charged if the client's rcqulrements make overtime work necessary,.
13. Relmbursa6le Expenses
Costplus l3% will be charged on alI reimbursable exposes, The following are examples of such eXptnbta but are not limited to
those shown;
o, Actual travel and subsistence expenses including rental vehicles incurred by employees and principals when away from
the borne offee on business connected with the client's work
b Actual communicatlott exP~ses, such as long dlstanCe telephone, telegraph, cable, courier, cxpresr and postage dtrectl
applicable to the client's wont, y
c~ Invoice costs for outside service dlrrctly applicable to the client's work, such. as r.omputcr programming, sp~i~
consultarrts, .soils testing and laboratory services,
d. Actual special droftipg and atcao8saphic supply costs directl ,
artd expenses applicable ro adtniniatrative activities. y apphcable to the client s work, as distinguished from supplies
c• Actual reproduction costa directly applicable to the client's work, such as blueprinnng, photograP~. mold-copy printing
and binding..
Miscellaneous direct costs applieublo to the client's work.
A new schedule of chtu•ges is issued effective March l of each year or when otherwise dicttedby inflat{oaary ptrsswps, Unless odter
arrangemenrs }lave been made, charges for all work, including continuiagprojects initiated in the prior year, will be.based on the
]atost schedule of eltargea. .
C• Negotiated Fee Hach
Where preferable to a Time plue Expenses agreement, pots may be negotiated on err alternate basis such as lump sum, or cost plus
fixed fat,
I t0i PaciQc Avenue, Ste 300
ianta trot, fA 950f0
831.469.4823
831.469.4589 (vc
Mini ,u-cuui WCU Utl;u4 HPt MOWN OF LOS GRTOS
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FRX N0, 408354843.?
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SCIiEritJLE OF F~~S
P, 09
For each'speci~e project, the Consultant and the Town shall .agree in writing to a "not
amount and to project specific Pee ~'~gcments. to exceed''
The attached Schedule of Fees shall be used to determine each project spccifc fee s
Pecs Iis#ed uicIude aft applicable State and Federal withholding, com an chedule. The
workers' compensation insurance, .and other insurance as rewired, P Y overhead, benefits,
Nichols Consulting Engineers, t. ~.
Pavement $ Materials Engineering
March 25, 2002
o~ ~ ~D
h,AR 21 ~2
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Kevin Rohani, Town Engineer
Town of Los Gatos
P.O. Box 949
Los Gatos, CA 9 031
TOWN OF LOS GA~'OS pEP~
WORKS
NARKS AND'pUgL1C
Subject: Agreement for Engineering Consultant Services -
2001 Street Resurfacing Program {Project No. 01-06)
Dear Kevin,
As a follow up to our recent discussions, I am sending this letter to request an increase of
$.50,000 in the amount ofthe subject agreement dated March 6, 2001 between the Town
and Nichols Consulting Engineers (NCE) that would raise the limit of the expenditure
authorization under the agreement from'$275,000 to $325,000. The reason_ for this
increase is to cover the :costs of design services in connection with the reconstruction of
Edmund Drive, and full-time construction inspection and testing services rendered thus
far on the Street Reconstruction and Pavement Overlay projects.
The following table summarizes the authorized and actual expenditures under the
agreement as of March 14, 2002:
Task Description Task
Budget Actual
Expense
Surface Seal Bid Package - PO #2001275 '$18,000 $18,128.09
FWD Testing &. Analysis - PO 2001274 $3:1,875 $30,852.92
Street Reconstruction Program PS&E -
PO #2002005..5 $60,542 $48,329.87
Pavement Overlay Program PS&E-
PO #20020054 .$118;886 $105,883.23
Street Reconstruction Program Construction
Management - PO #200201'87 $45,000 $36,045.23
SUB-TOTALS. $274,303 $239,,239.34
Edmund Drive Reconstruction PS&E -
PO #2D020117 $19,72'5 $15.,213.88
Pavement Overlay Program Construction Management $58,690.10
TOTALS $294,028 $313,143.32
Ii01 Pacific Avenue, Ste 300
Santa {ruz, CA 94060
831.469.4823
$31.469.4189 (ax
Attdchmant ~
The original expenditure authorization of $275,000 did not anticipate either the
preparation of PS&E for the reconstruction of Edmund Drive, which was ordered by the
Town Council after the contractor began work on the Street Reconstruction project, or
construction related services in connection with both the Street Reconstruction and
Pavement Overlay projects beyond those deemed necessary to support the Town's own
full-time construction inspection and testing activities. However, when the Town.
.awarded both the Street Reconstruction and Pavement Overlay construction contracts last
summer, it was unable to perform the full-time inspection and testing activities required
of these prof ects. Thus, the Town- requested, and NCE provided these services :through
the end of last year's construction season in the absence of either an approved Task Order
or Purchase Order from the Town.
It is now our understanding that the Town is prepared to assume the construction
inspection and testing. activities. on both projects when construction resumes in the near
future. It is estimated therefore that NCE's remaining work to support the Town through
the completion of construction on both projects will cost approximately $10,000 to
review contractor submittals, respond to inquiries from both the Town and its .contractors,
.and attend periodic meetings, etc. Thus, NCE is requesting that the authorized
expenditure limit of the agreement under which we are providing these services to the
Town be increased by $50,000, to a new total of $325,000.
If you need any additional information or documentation to further support this request,
please let me know.
Sincerely,
Nichols Consulting .Engineers, Chtd.
Mary R. Erchul
Division Manager
Nichols Consulting Engineers, Chtd.
Pavement & Materials Engineering