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2009122110MEETING DATE: 12/21/09 ITEM NO: i 0 COUNCIL AGENDA REPORT DATE: DECEMBER 9, 2009 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: PPW JOB NO. 04-68 — ROBERTS ROAD BRIDGE RECONSTRUCTION PROJECT - CONSTRUCTION SUPPORT SERVICES 411-818-0802 ADOPT RESOLUTION AUTHORIZING TOWN MANAGER TO EXECUTE A SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH BIGGS CARDOSA ASSOCIATES, INC. TO PROVIDE CONSTRUCTION SUPPORT SERVICES IN AN AMOUNT NOT TO EXCEED $145,300. RECOMMENDATION: Adopt resolution (Attachment 1) authorizing Town Manager to execute a second amendment to the professional services agreement (Exhibit A) with Biggs Cardosa Associates Inc. to provide construction support services in an amount not to exceed $145,300. BACKGROUND: On June 18, 2007, the Town Council approved a professional services agreement (Attachment 2) with Biggs Cardosa Associates, Inc. to perform engineering design services for the Roberts Road Bridge Reconstruction Project. On March 2, 2009, the Town Council approved an amendment to this agreement (Attachment 3) with Biggs Cardosa Associates Inc. to perform additional engineering design services for the project. Caltrans allocated additional funding for the construction of the project for roadway improvements in the area adjacent to the bridge. The design has been completed. On November 2, 2009, the Town Council approved construction plans and specifications and authorized advertising of the project for bids. Additionally, a construction contract for award is being presented to the Town Council at the regular meeting of December 21, 2000. PREPARED BY: TODD CAPURSO .(zTh Director of Parks and Public Works Reviewed by: Assistant Town Manager Town Attorney Clerk Administrator _ , Finance Community Development N:\PPW\MANAGEMENT\COUNCIL\COUNCIL REPORTS\2009 reports\December 21 \04- 68.roberts.road.bridge.construction.support.bca.agr.doc PAGE 2 DECEMBER 9, 2009 MAYOR AND TOWN COUNCIL SUBJECT: PROJECT 04-68 ROBERTS ROAD BRIDGE RECONSTRUCTION PROJECT — CONSTRUCTION SUPPORT SERVICES 411-818-0802 DISCUSSION: The Roberts Road Bridge construction project is complex, and involves numerous elements that need to occur cooperatively in order to achieve a successful outcome. The following summary is intended to convey an understanding of the distribution of construction work efforts for this proj ect. The key components for the construction of this project are: • Day to day construction inspections and management: The construction management firm of Ghirardelli Associates Inc. will monitor and inspect contractor's daily work, measure and document quantity of materials used on the project, specialty testing of materials, and insure compliance with the plans and specifications. In addition, the construction management firm will ensure compliance with Caltrans grant requirements. • Coordination with design team during construction: Town staff from the Engineering department will collaborate with the contractor and design team to prepare and provide responses to inquiries that may arise during the course of construction. This is a vital for a project containing such a scope of detailed design elements. • Construction support services: The project design consultant will review all shop drawings and product submittals for the construction, provide design clarifications, perform site review, prepare mitigation monitoring plan per regulatory agency permit requirements, and attend various necessary meetings. At the conclusion of the construction work, a project as -built document will be prepared for the Town by the project design consultant. Biggs Cardosa Associates, Inc. will be assigned the task of providing construction support services for this project as outlined in the attached proposal and scope of work (Exhibit B). This firm is already involved as the project designer and staff has determined is best suited to also provide the construction support services for the project. The existing agreement with Biggs Cardosa Associates Inc. requires amending in order for the Consultant to also provide construction support services. Staff recommends approval of a second addendum to the Biggs Cardosa Associates Inc. contract in an amount not to exceed $145,300. PAGE 3 DECEMBER 9, 2009 MAYOR AND TOWN COUNCIL SUBJECT: PROJECT 04-68 ROBERTS ROAD BRIDGE RECONSTRUCTION PROJECT — CONSTRUCTION SUPPORT SERVICES 411-818-0802 CONCLUSION: It is recommended the Town Council adopt the attached Resolution authorizing the Town Manager to execute a Second Amendment to Agreement with Biggs Cardosa Associates Inc. to provide construction support services for the Roberts Road Bridge Reconstruction Project. ENVIRONMENTAL ASSESSMENT: This project is Categorically Exempt pursuant to Sections 15301 (c), and 15303 (e), and 15304 (b) of the State CEQA guidelines. FISCAL IMPACT: There are sufficient funds available for this project as demonstrated in the table below. ROBERTS ROAD BRIDGE RECONSTRUCTION PROJECT Adjusted FY 2009/10 Proposed Project Budget Project Prior Yrs. FY 2009/10 Expended/Enc Contract Committed Available FY 2009/10 Fiscal Impact Budget Adjustment Budget Expenditures Budget To Date Amount Funds Balance 411-818-0802 421-818-0802 TOTALS $ 295,720 $ 150,000 $ 445,720 $ 4,516 $ 441,204 $ 5,151 S 16,710 $ 304,326 $ 115,017 1,881,600 1,385,150 3,266,750 408,515 2,858,235 _ 29,851 128,590 2,341,991 357,803 $ 2,177,320 $ 1,535,150 $ 3,712,470 $ 413,031 $ 3,299,439 S 35,002 $ 145,300 $ 2,646,317 $ 472,820 TOTAL EXPENDITURES BY. CATEGORY: Staff Labor Materials Engineering/Design Construction Construction Management Construction Support 1,080 4,071 29,851 145,300 2,375,429 270,888 TOTALS Attachments: $ 35,002 $ 145,300 $ 2,646,317 1. Resolution authorizing Town Manager to execute a Second Amendment to Agreement with Biggs Cardosa Associates Inc. (Exhibit A) with Biggs Cardosa Associates Inc. Proposal - (Exhibit B) 2. Original Agreement with Biggs Cardosa Associates Inc., June 2007 3. Amendment to Agreement, March 2009 Attachment 1 RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH BIGGS CARDOSA ASSOCIATES INC. TO PROVIDE CONSTRUCTION SUPPORT SERVICES FOR PPW PROJECT 04-68 — ROBERTS ROAD BRIDGE RECONSTRUCTION PROJECT WHEREAS, on June 18, 2007, the Town of Los Gatos entered into an agreement with Biggs Cardosa Associates Inc., to perform engineering design services at a cost of $253,200 in connection with the Roberts Road Bridge Reconstruction Project in the Town of Los Gatos; and WHEREAS, on March 2, 2009, the Town of Los Gatos entered into an amendment to the Agreement with Biggs Cardosa Associates Inc., to perform additional engineering design services at a cost of $181,800 in connection with the Roberts Road Bridge Reconstruction project; and WHEREAS, a second Amendment to the Agreement is necessary to include construction engineering support services not included in the original contract at a cost of $145,300 in connection with the Roberts Road Bridge Reconstruction project. 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 a second amendment to the agreement (Exhibit A) for additional consultant services, and that the Town Manager 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 of the Town of Los Gatos, California, held on the 21st day of December, 2009 by the following vote: COUNCIL MEMBERS AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Exhibit A SECOND AMENDMENT TO AGREEMENT This SECOND AMENDMENT TO AGREEMENT (Exhibit B) is entered into this day of , 2009, by and between the Town of Los Gatos, State of California, herein called "Town," and Biggs Cardosa Associates Inc., herein called "Consultant." A. B. 1. RECITALS Town and Biggs Cardosa Associates Inc. entered into an agreement for engineering design consultant services in June, 2007 ("Agreement"), a copy of which is attached hereto as (Attachment 2) and incorporated herein by reference. Consultant will provide engineering construction support services which were not included in the original contract, in connection with Project 04-68 — Roberts Road Bridge Reconstruction Project. AMENDMENT The Agreement is hereby amended to provide engineering construction support services for this project in accordance with this second Amendment, attached hereto and incorporated herein by this reference at an amount not to exceed $145,300. 2. Time of Performance; The service period of the consultant agreement shall be extended to December 30, 2010. 3. All other terms and conditions of the Agreement dated June, 2007 remain in full force and effect. IN WITNESS WHEREOF, Town and Consultant have executed this Second Amendment Agreement as of the date indicated on page one (1). Town of Los Gatos, by: Biggs Cardosa Associates Inc., by: Greg Larson, Town Manager Recommended by: Todd Capurso Director of Parks and Public Works (Signature) (print name) ATTEST: Approved as to Form: Jackie D. Rose Clerk Administrator Orry P. Korb, Town Attorney BEGGS CARDOSA ABSOCIATES INC STRUCTURAL ENGINEERS EXHIBIT B ESS The Alamacla San Jose, CA 95126-3133 Telephone 40B-29B-5515 Facsimile 408-296-8114 Town of Los Gatos Parks and Public Works Department 41 Miles Avenue Los Gatos, CA 95030 Attention: Mr. Kevin Rohani, P.E. Subject: Roberts Road Bridge Replacement Project Construction Support Services Change Request #2 Dear Kevin: November 24, 2009 2007136.6 Biggs Cardosa Associates, Inc. (BCA) is pleased to submit this proposal to provide construction support services for the construction phase of the Roberts Road Bridge Replacement Project. The construction support services include providing project management, providing project administration, attending construction meetings, reviewing contractor submittals and RFI's, assisting with change orders, clarifying the contract documents, observing work at the project site, assisting with the final inspection, and preparing record drawings, right-of-way certification , final permitting effort, and soil testing. Additional details regarding this work are described in the following: Task 0 — Project Management / Administration: This task includes preparation of monthly invoices for this work, coordination with the Town and our subconsultants, and project documentation and correspondence. Task 1— Submittal Review: Assist the Town during construction by checking shop drawings, and reviewing material submittals for the bridge, the roadway, and the electrical work as required by the project specifications. Task 2 — Clarify Contract Documents, Respond to RFI's, and Change Orders: Assist the Town during construction by clarifying and interpreting contract documents to ensure that the project is constructed in accordance with the plans and specifications, and review and respond to RFI's. Additionally, provide advice and technical support for construction change orders to the plans and special provisions and prepare change order documentation to include, where appropriate, changes in plans and special provisions. Task 3 — Site Observation: Observe the construction work for conformance with the contract documents, shop drawings, and other project requirements. It is estimated that site observations will include four hours per week for eight months. Additionally, this work will consist of part-time field observation of the construction of the CIDH piles, soldier piles, and tiebacks; additional details on the site observations of these elements are shown in the attached proposal from Parikh Consultants. Any discrepancies will be brought to the immediate attention of the inspector and/or to the Town's representative. This work will also include soil testing as indicated in the attached proposal from Parikh Consultants. Task 4 — Final Observation & Punch List: Assist the Town in the perfoiuiance of the final observation and development of the punch list for the project. This will include a field review of the work, at the Town's request, and input into the punch list requirements. Town of Los Gatos November 24, 2009 Page 2 Task 5 — Project Close-out / Record Drawings: Assist the Town in closing out the project by preparing record drawings for the completed construction work. The preparation of the record drawings will be based on a mark-up set of drawings to be provided by the contractor based on the revisions made during construction. One full-sized set of the revised plans will be provided for the Town's records as well as .a CD containing the AutoCAD files for the plans. Task 6 — Construction Meetings: Attend construction meetings to answer questions raised during construction related to the work. Attendance at these meetings will occur at the Town's request, at the construction site or at the Town's office; a total of 10 meetings have been allocated for this task. Task 7 - Right -of -Way Certification Prepare Right -of -Way certification documents and utility certification documents including Notice to Owners. Incorporate revisions to the certifications based on the Caltrans comments, and provide coordination effort with Caltrans. Assist the Town in obtaining the "draft" and "final" certification. Task 8 - Additional Permitting Work Prepare multiple submittals to SCVWD and complete application for SCVWD permit. Incorporate comments received from SCVWD. Apply for permit extensions from CDFG and USACOE, and assist with coordination for final NEPA approval. Complete Wetlands Tracker Fouu for the RWQCB. Additionally, our scope of work will include the development of a Mitigation Monitoring Plan (as required by the permit agreements), pre -construction surveys for birds & bats, and construction phase technical assistance on environmental issues. Details on the Mitigation Monitoring Plan and the pre -construction surveys are described in the attached proposal from H.T. Harvey & Associates. - BCA proposes to provide the above described additional scope of services by requesting an additional fee of $145,300. The breakdown of this additional fee is shown on the attached documents. The following is a design and construction support fees summary including this change request: Original Contract $253,200.00 Authorized Change Request No. 1 $181,800.00 Authorized Change Request No. 2 $145,300.00 Please Authorize Contract Total $580,300.00 Should you have any questions, please do not hesitate to call. Sincerely, BIGGS CARDOSA ASSOCIATES, INC. Martin Bodemar, S.E. Engineering Manager Attachments cc: Mahvash Harms, Biggs Cardosa Associates h7:':2007` 136\I00 Project Control' 112 Proposal_Contracts\Const_Change_Request_#'_`.Rev_2_Const_Change_Request_Letter-doc o M ti To' N V 0 w o a. tzi = m W y.+ O J Q. Q. O O �o) z V 00 0 ri CC 11/23/2009 Staff Person (� L 0 r O _ E .S U W m � a U U _a U 0 ) 0 d Q co =`.2-O n T G •L D LL^^ o_ o Iffl1i4Ysj1a it • - ON TRUCTIO S 1 P• CO N N O O O 10 N O N N co N d' N CO N c+) c-) O O CO T N CO CO N 0 tC !fl got N§ _0 !�l r QO LLD: T_ tot aft 0 44) c) O ;} CY 91' Task 0 - Project Management / Admin. Task 1 - Submittal Review Task 2 - Responses to RFI's, Change Orde 0- C O CTS a) to 0 t9 4 Y Y F— Q CCS F— U) O) 0 0 0 a) u) 0 0 a) 0 O d tvI F- Task 8 - Final Permitting Effort n.< m' Q ` N r 0 m° O` i11 0= cat 01) r 0 i4) 0= 0 Oat 46) 441 0: 0; ✓ 0 V M:\2007\136\100 Project Control\112 Proposal_Contracts\Const_Change_Request_#2\Rev_2_Const_Change_Request.xl SCOPE OF SERVICES S ESTIMATE - Summary BKF Engineers Construction Administration Support Services for the Roberts Road Bridge Replacement Project 1650 Technology Drive, Suite 650 Town of Los Gatos • San Jose, CA 95110 408.467.9100 (tel), 408.467.9199 (fax) November 16, 2009 BKF Professional Fees Task 1 Construction Administration Support Task 1 Submittal Review Task 2 Response to RFI's, Change Orders, Field Orders and Drawing Revisions Task 3 Site Inspection/Field Meetings (Upon request; assumes 5) Task 4 Final Inspection and Field Report (Punch List) Task 5 Project Close -Out and Preparation of As-Built/Record Drawings # F k ys �t O -ti'goo h 'd' -tom i) C�)} ;,y 3 �`? N c O O O $ - O O Construction Administration Support Total, tt13,496 5 TASK PIC PM Eng IV Eng III Eng II Eng I Tech I Clerical Sury Total Rate/Hr $199 $163 $150 $140 $123 $107 $102 $59 $297 Hours Task 1 4 8 3 15 Task 2 10 4 8 8 30 Task, 3 10 10 Task 4 4 4 4 12 Task 5 4 4 8 16 32 Subtotal (Hours) 0 32 0 8 28 0 31 0 0 99 BKF Professional Fees Subtotal BKF Construction Adminstration Support Reimbursables Fees 1. Computer and Plotting 2. Printing and Delivery BKF Reimbursable Fees Subtotal 0) 0) N 0) 0) 0) c c C .0) .0) C c w w w • T 0) = c c • uJ W Roberts Road Bridge Replacement Project Caltrans R/W and Utility Certification Services - Scope/Fee for Additional Work April 1, 2009 BKF Professional Fees Right of Way Certification No. 2 Utility Certification No. 2 Notice to Owners in Conjunction with R/W and Utility Cert with Caltrans Local Assistance on R/W and Utility Cert Comments/Issues on R/W Cert No. 2 Sign and Submit R/W Cert No. 2 Sign and Submit R/W Cert No. 1 (Upon Environmental Clearance) Task 7.1 Prepare Task 7.2 Prepare Task 7.3 Prepare/Submit Task 7.4 Coordinate Task 7.5 Finalize, Task 7.6 Finalize, TASK PIC PM Eng IV Eng III Eng II Eng I Tech 1 Draft III Sury Total Subtotal Cost Rate/Hr $193 $158 $146 $139 $119 $104 $99 $94 $288 Hours Task 7.1 2 2 4 8 $ 1,024 Task 7.2 2 2 4 8 $ 1,024 Task 7.3 1 4 5 $ 574 Task 7.4 4 4 $ 632 Task 7.5 1 4 5 $ 574 Task 7.6 1 2 3 $ 366 Subtotal (Hours) 0 11 4 0 0 18 0 0 0 33 BKF Professional Fees Subtotal $ 4,194 BKF Reimbursables Fees 1 Supplemental Computer, Plotting, and Printing $ 306 BKF Reimbursable Fees Subtotal $ 306 Subconsultant Fees Subconsultant Fees Subtotal $ - Project Total $ 4,500 Legend PIC PM Eng IV Eng III Principal in Charge Project Manager Engineer IV Engineer III Eng II Engineer II Eng I Engineer I Draft III Drafter III Sury Survey Crew (Party Chief, Chainman and Appr.) Notes: 1. The scope/fee assumes BKF will prepared the necessary Right of Way Certification and Utility Certification, including the the preparation and coordination of the Notice to Owners and revisions to the certifications per Caltrans coordination and comments, to faciliate the E-76 and Local Assistance Approval and Construction for this Project. 2. It is assumed no right of way (TCE, FEE, or other) will be required. 3. Utility relocations are assumed. Page 1 of 1 4/1/2009 PARIKH Practicing in the Geosciences Biggs Cardosa & Associates 865 The Alameda San Jose, CA 95126 Attn.: Mr. Martin Bodemar Sub: Cost Estimate for Roberts Road Bridge Construction Support Town of Los Gatos, CA Dear Mr. Bodemar: Geotechnical ■ Environmental ■ Materials Testing ■ Construction Inspection ■ November 23, 2009 Job No.: 207128.CON As requested, we are providing the cost estimate for construction support of the Roberts Road Bridge Improvements Project in the Town of Los Gatos, California. Our services will include full-time field observation of the construction of the CIDH piles at the bents. Per discussion with the designer, we will provide part-time field observation for the construction of the abutment CIDH piles, the installation of the tiebacks for the retaining wall (existing Abut 1 wall), and for the drilling operations for the soldier piles at the west approach. Our observations will be from a geotechnical perspective and in accordance with the project plans and specifications. CIDH Concrete Piles. For the planned Abutment piles (24" dia. CIDH), we assumed that we will observe this work for 2 days. For the Bent piles (42" dia. CIDH with isolation casing at Bent 2), we estimated that it will take 5 days to complete a bent, or 10 days for Bents 2 and 3. A total of 12 days is estimated for bridge foundations. Tiebacks & Soldier Piles. For the tieback retaining wall, we assumed that we will provide observation for the first two days of tieback installation. For the soldier pile -lagging wall at the west approach, we assumed that we will provide observation for the first two days of soldier pile drilling. We have assumed that the Town of Los Gatos will have their own forces to perform Asphalt Concrete testing and Portland Cement Concrete testing. Soil Testing. We estimated approx. 6 days of soil compaction testing, which includes compaction testing at subgrade and base rock at the two approaches and backfill behind retaining walls. DIRECT ALL CORRESPONDENCE THROUGH MAIN OFFICE Main Office: 2360 Qume Drive, Suite A, San Jose; CA 95131 • (408) 452-9000 • FAX (408) 452-9004 • www.PARIKHNET.com Biggs Cardosa Associates, Inc. Job No. 207128.CON (Roberts Road Bridge Replacement) November 23, 2009 Page 2 Based on the above understanding and assumption, we estimated a total of 22 days of field work and 3 days for the project engineer for office coordination and engineering consultation. We also assumed this is a prevailing -wage job. Based on the above discussions, following is the detail cost breakdown for budgeting purposes: Field Observation of CIDH Piles, Tiebacks, Soldier Piles & Soil Compaction Testing Field Engineer 22 days x 8 hrs/day @ $98/hr = 176 hrs @ $98/hr $ 17,248.00 Field Engineer overtime 22 days x 1 hr/day @ $147/hr= 22 hrs @ $147/hr $ 3,234.00 Mileage 30 miles x 22 days @ $ 0.55/mile $ 363.00 Project Engineer 3 days x 8 hrs @ $150/hr (est.) $ 3,600.00 Project Manager 8 hrs x $215/hr (est) $ 1,720.00 $ 26,165.00 This estimate is based on the above assumptions. The actual costs could be lower or higher than the estimate depending upon the requested services and the contractor's schedule. Our services will be provided in accordance with our fee schedule on a time and materials basis. Very truly yours, PARIKH CONSULTANTS, INC. Y. David Wang, Ph.II., P.E., 52911 Senior Engineer {S:\ONJGOING PROJECTS \2007\207128 ROBERTS ROAD BRIDGE\CONSTRUCTION} Page 1 of 1 Martin Bodemar From: John Hesler ihesler@davidjpowers.com] Sent: Monday, November 16, 2009 5:53 PM To: Martin Bodemar Cc: Mahvash Harms Subject: RE: Roberts Road Bridge - Extra Work Request Martin, Upon request during the construction phase, DJP&A will provide technical assistance to the Town on environmental issues. Assuming such assistance would not exceed eight total hours of my time, the fee for such work would not exceed 8 x $205/hr. = $1,640, John As of June 1, 2009, our new address is 1871 The Alameda, Suite 200, San Jose, CA 95126. Phone, fax, and e-mail remain unchanged. John M. Hester Vice President/Sr. Environmental Specialist David J. Powers & Associates, Inc. (408) 248-3500, ext. 124 (408) 248-9641 (fax) D P&A is a Certified Green Business Please recycle if printed 11/16/2009 H. T. HARVEY & ASSOCIATES sr - ECOLOGICAL CONSULTANTS ROBERTS ROAD MITIGATION AND MONITORING PLAN AND PRE -CONSTRUCTION WILDLIFE SURVEYS PROPOSED SCOPE AND FEE ESTIMATE 20 NOVEMBER 2009 Proposal # 5916 H. T. Harvey & Associates proposes to provide ecological consulting services to Biggs Cardosa Associates (BCA) to prepare a Habitat Mitigation and Monitoring Plan (MMP) that will address biological impacts associated with the Roberts Road Bridge Project. We will also conduct pre - construction wildlife surveys for nesting birds and bats. SCOPE OF SERVICES The tasks associated with this scope of services are as follows: Task 1. Prepare Draft and Final Habitat Mitigation and Monitoring Plan H. T. Harvey & Associates will prepare a Draft MMP, which will provide the conceptual mitigation approach to compensate for impacts to riparian and aquatic habitats and special status plant and animal species, as summarized on the project's Natural Environment Study (NES) (H. T. Harvey & Associates 2008). This task will include confirmation of impacts previously determined during preparation of the NES. We will also confirm that the proposed mitigation site is adequate to compensate for the anticipated impacts. The MMP will be prepared in accordance with the U. S. Army Corps of Engineers (USACE) Habitat Mitigation and Monitoring Proposal Guidelines and will be suitable for submission to the permitting agencies. As such the MMP will include a project description, habitat impact confirmation/assessment, conceptual habitat mitigation design, mitigation maintenance plan, and long-term ecological monitoring plan. The Draft MMP will be submitted to BCA and the Town of Los Gatos (Town) for review. Following incorporation of a single set of comments from BCA and the Town the MMP will be submitted to the permitting agencies for review. Any comments from the permitting agencies will be incorporated into a Final MMP. This task includes up to 2 meetings with BCA and the Town to coordinate MMP preparation. This task assumes that all mitigation will be developed within the areas previously identified in the NES and these locations will be acceptable to the permitting agencies. It is also assumed that there will be no complications at the proposed mitigation site in regards to special -status plants or animals. 983 University Avenue, Building D • Los Gatos, CA 95032 • Ph: 408.458.3200 • F: 408.458.3210 Task 2. Pre -Construction Surveys for Nesting Birds If it is not feasible to schedule construction between September and January, then an H. T. Harvey & Associates ornithologist will conduct pre -construction surveys for nesting birds to ensure that no nests will be disturbed during project implementation. This survey will be conducted no more than 7 days prior to the initiation of construction activities. During this survey, the ornithologist will inspect all trees and other potential nesting habitats in and immediately adjacent to the impact areas for nests (i.e., within 250 ft for raptors and 100 ft for other birds). If an active nest is found sufficiently close to work areas to be disturbed by these activities, the ornithologist, in consultation with California Department of Fish and Game (CDFG), will determine the extent of a construction -free buffer zone to be established around the nest, typically 250 ft for raptors, but substantially less for other birds, to ensure that no nests of species protected by the Migratory Bird Treaty Act (MBTA) or CDFG Code will be disturbed during project implementation. Task 3. Pre -Construction Surveys for Bats It is our understanding that project demolition may begin as early as March or April 2010. An H. T. Harvey & Associates bat biologist will conduct a pre -demolition survey for roosting bats within the project area and its immediate vicinity prior to the start of demolition, but no later than late March, to determine whether any bats are roosting on or near the bridge. Because bats are known to have roosted in cavities within the bridge, the biologist will conduct a single daytime visit to determine the locations of potential roost sites, then conduct a nighttime visit to ensure that bats have left these roost sites. The biologist will then fill the roost locations with foam to prevent bats from establishing maternity colonies within these cavities, and to preclude the presence of bats on the bridge itself when demolition commences. Within 15 days of the start of demolition activities, the bat biologist will leave one or more acoustic monitoring units at the bridge for at least one evening to determine whether there is evidence of bats roosting in trees near the bridge. The bat biologist will then download and review the data collected. If there is evidence of a bat roost in the vicinity, two biologists will then conduct a survey at dusk to try to determine the location of the roost (e.g., a tree near the bridge); it is possible that two dusk surveys will be needed. Based on the data collected, the bat biologist will determine whether there is evidence of a bat roost close enough to the bridge to be disturbed by demolition and construction activities. If a bat roost is present in a tree close enough to the project site to be disturbed, consultation with the California Department of Fish and Game (CDFG) regarding whether measures need to be implemented to avoid causing the abandonment of the maternity colony (e.g., buffers) are warranted. Our budget includes minimal time for coordination with the CDFG. Assumptions: 1. If the project's CDFG Streambed Alteration Agreement (SAA) has different requirements from what is proposed here, we may need to modify our scope and budget to ensure compliance with the SAA. 2 H. T. HARVEY & ASSOCIATES Subtask Cost CCU) 4) N 69- (OO r r CA N- CO Cr; 69 CO (h N r ' 69 0 CO ti fD N r 69 Personnel Hours by Task a.ioddng N N 0 v—` Eel Direct Costs (mileage, printing, etc.) TOTAL. BUDGET SIJ/0uIda D ,ci- �r �$ 420I 1s!6o1003 aPIPI!M.1o!ueS UO1sugof only ko $ 2,352 isl6oloo a}!IpI!M ap1v,7 ulgoy co 14 0 ,© bs A601003 a3!IPI!M 'led!ou!Jd u.roquaJ/og ana1$ ,--+ N Cr) D en- 4sl6olo03 uo!4eJo}saao!ues vn1115 JJvy1 40 . N M 7t r, N M En A6oIoo2 uol}eao}saH 'Ied1oupd suagdajs uva d- o0 ER /(6otoo3 }veld 'Ied!0uud .ralsrno-I /vd In N EA- E'{ 'Task 1. MMP Preparation Task 2. Pre -Construction Surveys for Nesting Birds Task 3. Pre -construction Surveys for Bats Total Labor Hours Total Labor Cost C.' H.T. HARVEY &ASSOCIATES ECOLOGICAL CONSULTANTS ECOLOGICAL CONSULTANTS Project Nanze: Roberts Road MMP and Wildlife Pre -construction Surveys Proposal Number: 5916 Project Number: Date: 20 November 2009 PROJECT BUDGET I. Personnel Costs Professional Staff* Hours Rate Total Pat Boursier 1 $ 215.00 $ 215 Dan Stephens 4 $ 215.00 $ 860 Matt Quinn 43 $ 147.00 $ 6,321 Steve Rottenborn 3 $ 215.00 $ 645 Robin Carle 14 $ 100.00 $ 1,400 Dave Johnston 16 $ 147.00 $ 2,352 Graphic/GIS 4 $ 105.00 $ 420 Support 2 $ 80.00 $ 160 Subtotal $ 12,373 II. Direct Costs Units Rate Travel ($0.55/mile) 12 $ 0.550 7 Per Diem (days x rate) $ 191 GIS (per hour surcharge) 4 $ 10 $ 40 Equipment (Anabat) Expendable Supplies Other Service Fees (10%) 2 nights $ 100 $ 200 $ 30 28 Subtotal 304 III. Total Budget $ 12,677 * Please note: Substitutions of other similarly -qualified individuals may be made when necessary 4 ATTACHMENT 2 r}�r W Rfal AGREEMENT FOR PROFESSIONAL CONSULTANT SEWS .� P THIS AGREEMENT is entered into this day of , 2007, by and between Town of Los Gatos, State of California, herein called "Town", and Biggs Cardosa Associates, Inc. engaged in providing a Professional Consultant Services agreement (Exhibit A) in connection with the design of PPW Job No. 04-68 - Roberts Road Bridge Improvement Project; herein called "Consultant." RECITALS A. Town desires to engage a professional .consultant services consultant to provide design services in connection with PPW Job No. 04-68 — Roberts Road Bridge Improvement Project, herein called '-'Consultant" because of Consultant's experience and qualifications to perform the desired work. B. 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: 1. Scope of Services. Consultant shall provide Professional Consultant Design Services as requested by the Town as outlined in (Exhibit A). 2. Time of Performance The services of Consultant are for the period of from June 18, 2007 to June 30, 2009. • The Town will review the Consultants' performance at the end of the contract period and will have the option of renewing the contract. Should Town not renew a: contract, the award and authorization of the contract shall automatically expire. Town, shall give Consultant at least 15 days notice, prior to the cancellation or expiration of the contract. 3. Compliance with Laws. Consultant shall. comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Consultant represents and warrants to Town that it has all licenses, pennits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to Town that 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 which are legally required for Consultant to practice its profession. Consultant shall maintain a Town of Los Gatos business license pursuant to Chapter 14 of the Code of Town of Los Gatos. 4. Sole Responsibility. Consultant shall be responsible for employing or engaging all persons necessary to perform the services under this -Agreement. 5. Information/Report Handling. All` documents furnished to Consultant by Town and all reports and supportive data prepared by. Consultant under this Agreement are Town's property and shall be delivered to Town upon the.coinpletion of Consultant's services or at Town's written request. All reports, information, 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 Town to the public, and Consultant shall not make any of the these documents - .or information available to any individual or organization not employed by consultants by Consultant or Town without the written consent of Town before such release. Town acknowledges that the reports to be prepared by Consultant pursuant to this Agreement are for the purpose of evaluating a defined project, and Town's use of the information contained in the reports prepared by Consultant in connection with other projects shall be solely at Town's risk, unless Consultant expressly 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 Consultant to be a trade secret of Consultant. 6. Compensation. Compensation for Consultant's professional services is for an amount not to exceed $253,200, and shall be based upon Town authorization for each peer review. Billing for each peer review shall be -based oh the Consultant's Schedule of Charges (attached hereto as Exhibit "B" and incorporated by reference herein). Billing shall be accompanied by a detailed explanation of the work performed, by whom, at what rate, and on what date. Billing invoices submitted for payment must reference the Town Purchase Order Number, and if applicable, the appropriate project address and Town Application Number. Also, plans, specifications, documents or other pertinent materials shall be submitted for Town review-, even if only in partial or draft form. Payment shall be net thirty (30) days. Only one (1) purchase order number per invoice will be accepted. All invoices and statements to Town shall reference Town's purchase order number and be addressed as follows: Invoices: Town of Los Gatos Attn: Accounts Payable P.O.Box655 Los Gatos, CA 95030 Statements: Town of Los Gatos Attn: Accounts Payable P.O. Box 655 Los Gatos, CA 95030 7. Availability of Records. Consultant shall maintain the records supporting this billing for not less than three (3) years following completion of the work under this Agreement. Consultant shall make these records available to authorized personnel of Town at Consultant's offices during business hours upon written request of Town. 8. Project Manager. The Project Manager for Consultant for the work under this Agreement shall be Dan Devlin. 9. Assignability and Subcontracting. The services to be performed under this Agreement are. unique and personal to Consultant. No portion of these services shall be assigned or subcontracted without the prior written consent of Town. 10. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: By: Town of Los Gatos Kevin Rohani, Interim Director Parks and Public Works Town of Los Gatos 41 Miles Avenue Los Gatos, CA 95030 Phone: (408) 399-5773 By: Consultant Biggs Cardosa Associates, Inc. Mahvash Harms 1871 The Alameda, Suite 200 San Jose, CA 95126 Phone: (408) 296-5515 11. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall -act as and be an independent contractor and not an agent or employee of Town. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to Town employee(s). With prior written consent, 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 litigation brought regarding the subject of the work to be performed under this Agreement. Consultant shall be compensated for its costs and expenses in preparing for, traveling to, arid 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 Town, Consultant has and shall not obtain any holding or interest within Town of Los Gatos. Consultant has no business holdings or agreements with any individual member of the staff or management of Town or its representatives, nor shall it enter into any such holdings or agreements during the term of this agreement, including any amendments. In addition, Consultant warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those --of 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 Town's sole discretion, divest itself of such interest. Consultant shall not knowingly, and 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 of this employment relationship, and shall, -;at Town's sole 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, 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 to the California Fair Employment & Housing Act. 14. Insurance. A. Miniinnm Scope of Insurance: Consultant agrees to have and Maintain, for the duration of the contract, General Liability insurance policies insuring hirn/her and his/her firm to an amount not less 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.thati one million dollars ($1,000,000) combined single limit per accident for bodily injiny and property damage. iii. Consultant shall provide to Town all certificates of insurance, with original endorsements effecting coverage. Consultant agrees that all certificates and endorsements are to be received and approved by Town 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: Town, 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 Consultant; products and: completed operations of Consultant, premises owned or used by Consultant. This requirement does not apply to the professional liability insurance required for professional errors and omissions. ii. Consultant's insurance coverage shall be primary insurance as respects Town, its officers, officials, employees and volunteers. Any insurance or self -insurances maintained by Town, its officers, officials, employees or volunteers shall be .excess of Consultant's insurance and shall not contribute with it. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to Town, its officers, officials, employees or volunteers. iv. 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 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 Town. Current certification of such insurance shall be kept on file at all tithes during the term of this agreement with Clerk Administrator. 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 Town before beginning services under this Agreement. Further, Consultant shall ensure that all _subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees. 15. Indemnification. Consultant shall save, keep and hold harmless indemnify and defend Town its officers, agent, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity that inay 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 Consultant, or any of Consultant's officers, employees, or agents or any sub -consultant. 16. Waiver. No failure on the part of either party to exercise any right or remedy hereunder 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. Town and Consultant :shall have the right to terminate this agreement with or without cause by giving not less=than fifteen (15) days written notice of termination. In the event of termination, Consultant shall deliver to Town all plans, files, documents, reports, performed to date_ by Consultant. In the event of such termination, Town shall pay Consultant an amount that bears the same ratio to the maximum contract price as the work delivered to Town bears to completed services contemplated under this Agreement pursuant to the noted Scope of Services and (Exhibit A) hereto, unless such termination is made for cause, in which event, coripensation, 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 of this Agreement is effective unless made in writing and signed by Town and 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 Exhibits A and B, constitutes the complete and exclusive statement of the Agreerent between Town 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. IN WITNESS WHEREOF, Town and Consultant have executed this Agreement as of the date indicated on page one (1). Tow_..,. Los Gatos Debra . 'rgonc Town Manar Town .f4, .: atos Recommended by: Kevin Rohani Interim Director of Parks and Public Works ATTEST: QS2 1; (0 7 C. erl Administrator of the Town of Los Gatos, Las atos, California Approved as to Form: -a 17Z- Orrb, Town Attorney BiggCardosa Associa MEETING DATE: 6/18/07 ITEM NO: i..Ck COUNCIL AGENDA REPORT DATE: JUNE 8, 2007 TO: MAYOR AND TOWN COUNCIL FROM: DEBRA J. FIGONE, TOWN MANAGER SUBJECT: PPW JOB NO. 04-68 — AGREEMENT FOR DESIGN OF THE ROBERTS ROAD BRIDGE IMPROVEMENT PROJECT (0568) ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A PROFESSIONAL CONSULTANT SERVICES AGREEMENT WITH BIGGS CARDOSA ASSOCIATES, INC. FOR THE DESIGN OF THE ROBERTS ROAD BRIDGE' IMPROVEMENTS IN THE AMOUNT OF $253,200. RECOMMENDATION: Adopt resolution authorizing the Town Manager to execute a professional consultant services agreement (Exhibit A) with Biggs Cardosa Associates, Inc. for the design of the Roberts Road Bridge Improvements in the amount of $253,200. BACKGROUND: The Roberts Road Bridge Project has been discussed at a number of Town Council meetings over the past 3 years starting at the meeting on September 20, 2004. This bridge was temporarily closed while staff was pursuing grant funding opportunities for the replacement of the bridge. With the grant funding secured on March _ 19, 2007, the Council authorized staff to re -open the bridge and start the project design. DISCUSSION: Staff began the process of selecting a design consultant based on Caltrans guidelines for Federal grant funded projects. This approach is similar to the process that was used fox design consultant selection for the Highway 9 Improvement project. PREPARED BY: KEVIN ROHANI Interim, Director of Parks and Public Works N:\ENGINEERING\COUNCIL REP- ORTS\robeas.road.bridge.design.agr..doc Town Attorney Clerk Administrator _Finance Community Development Reviewed by: Assistant Town Manager • PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: PPW JOB NO. 04-68 - AGREEMENT FOR DESIGN OF THE ROBERTS ROAD BRIDGE IMPROVEMENTS PROJECT (0568) JUNE 8, 2007 Statements of Qualifications were received from:; T.Y. LIN International, Biggs Cardosa Associates, Inc., and Creegan+D'Angelo,'Inc. design consultants and after review by staff and Caltrans representatives, these firms were interviewed for the project design. The consulting firms of T.Y. LIN International and Biggs Cardosa Associates, Inc. were the top two ranked firms respectively, as determined by the interview panel, as the best qualified and capable firms in designing the project -based on their experience and expertise for providing similar bridge design services. Staff requested a: cost proposal from T.Y. LIN International for the project based on a specific scope of work. T.Y. LIN International submitted a $354,124 cost proposal to design the project. This amount :is nearly $100,000 over the Caltrans grant that the Town has secured for the project design. After discussions with Caltrans and review of Federal grant requirements, staff requested a cost proposal from Biggs Cardosa Associates, Inc. for the project design. Biggs Cardosa Associates, Inc submitted their cost proposal for the design based on a similar scope of work for an amount of $253,.200. Town staff, along with Caltrans, reviewed the proposal from Biggs Cardosa Associates, Inc. and concurred that it meets the project requirements and is responsive to the request, in addition to being within the funding authorization. limits. Biggs Cardosa Associates, Inc. has a good understanding of the unique nature of this project and the neighborhood issues related to the bridge. It is anticipated that the design, review, permits, and approval process for this project will take approximately 18 months to complete. Staff will work with the neighbors and residents throughout the design phase to keep them informed and updated regarding the progress of work. In addition, staff will hold meetings with the neighbors and design team to reach consensus on the aesthetic elements of the new bridge. Staff firmly believes that the new bridge can be designed to incorporate features of the old bridge and the natural surrounding area in the new structure. CONCLUSION: It is recommended that the Council adopt the attached Resolution authorizing the Town Manager to execute a Professional Consultant Services Agreement with Biggs Cardosa Associates Inc for the design of the Roberts Road Bridge project; ENVIRONMENTAL ASSESSMENT: The project is Categorically Exempt pursuant to Sections 15301©), 15303(e) and 15304(b) of the State CEQA guidelines. PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: PPW JOB NO. 04-68 - AGREEMENT FOR DESIGN OF THE ROBERTS ROAD BRIDGE IMPROVEMENTS PROJECT (0568) JUKE 8, 2007 FISCAL IMPACT: This multi -year Capital Improvement Project is budgeted with a combination of general funds ($295,720) to meet the matching requirement, and grant funds ($1,693,600) for a total of $1,989,320, The project budget is described in the following chart: ROBERTS ROAD BRIDGE RECONSTRUCTION PROJECT PPW Joh 17 04-68 FY 2006/07 Fiscal Impact GFAR 400-0568 Grant funds 410-0568 TOTALS TOTAL EXPENDITURES BY CATEGORY: Staff Labor Materials, advertising Engineering Design Construction Approved Expended Revised Amount this Remaining Budget to date Balance Contract Balance 295,720 2,850 292,870 292,870 1,693,600 12,528 1,681,072 253,200 1,427,872 1,989,320 15,378 1,973,942 • 253,200 1,720,742 253,200 TOTALS 253,200 Attachments: Resolution approving Professional Services Agreement with Biggs Cardosa Associates Inc (with Exhibit A - Agreement and Exhibit B Proposal/Schedule of Charges) Distribution: Peggy Willey, 134 Ohlone Court, Los Gatos, CA. 95032 Anne Lamborn, 7 Monroe Court, Los Gatos, CA 95030 Geri Miller, 327 Oak Meadow Drive, Los Gatos, CA 95032 Kim Gavin, 132 Ohlone Court, Los Gatos, CA 95032 TOWN OF LOS GATOS PARICS AND PU.I3LIC WORKS DEPARTMENT PRONE (408) 399-5770 FAX (408) 354-6824 June 19, 2007 Ms. Mal -wash Harms Biggs Cardosa Associates 1971 The Alameda, Suite 200 San Jose, CA 95126 SERVICE CENTER 41 MILES AVENUE Los GATOS, CA 95030 Subject: Agreement for Professional Consultant Services PPW Job No. 04-68 - Design of the Roberts Road Bridge Improvements Dear Ms. Harms: The Town Council, at its meeting on June 18, 2007, awarded an agreement to your firm for the design of the Roberts Road. Bridge Iniproveinents: By this Letter of Agreement, the Town of .Los Gatos (hereinafter referred to as "Town" and Biggs Cardosa Associates, (hereinafter referred to .as "Consultant") agree that Consultant shall perform the services described in accordance with the terms contained in the attached agreement. The scope of the work shall include the work outlined in the proposal dated June 8, 2007 (Exhibit A hereto) from the Consultant. The following Terms and Conditions shall apply: 1. Compensation. As full compensation for furnishing all materials and for doing all the _work contemplated and embraced in this agreement to the satisfaction of the Town. Town shall pay an amount not to exceed $253200.. 2. Insurance. Provide one copy of your Certificate of Insurance along with the Additional Endorsement evidencing the coverages in accordance with the attached Insurance Requirements, on either the attached :forms or on identical copies thereof. Note - Any deviations from these requirements will not be accepted by the Town and will delay execution of the contract by the Town. 3. Business License. All consultants, whether they be general Contractors or subcontractors, who transact or carry on business in the Town of Los Gatos, shall acquire a Business License in conformance with Section .14.20.115 of the Los Gatos Town Code. N:\PPWPJ\04-68 - Roberts Rd Bridge Replacement\WP\agr.consultant. services.biggs.cardosa.doc Page 2 Biggs Cardosa Associates, Inc. June 19, 2007 Please have the attached Agreement executed by a- person authorized to bind Biggs Cardosa Associates, Inc. and then return it to Hie. I will circulate the Agreement for signature by the Town. I will provide you with a copy _of the fully 'executed Agreement. Your signature, along with that of the Town Manager, shall evidence the parties' acceptance of the terms and conditions of this Agreement. Very truly yours, Kevin Rohani, P.E. Interim Director of Parks and Public Works cc: Jackie Rose, Clerk Administrator. Melissa Huang, Assistant Civil Engineer N:\PPWPJ\04-68 - Roberts Rd Bridge Replacement\-WP\agr.-consultant.services.biggs.cardosa.doc BIGD$ CARDOS.A ASSOCIATES INC STRUCTURAL ENGINEERS 1871 The Alemedo, Suite 200 San Jose, CA 9512S-1752 Telephone 40B-29B-5515 Facsimile 40B-296-81 14 LETTER OF TRANSMITTAL Project Number: 12504-2007 Date: 7/2/07 Re: Roberts Road Bridge To: Town of Los Gatos Parks & Public Works Departiient 41 Miles Avenue Los Gatos, CA 95031 Attn: Kevin Rohani We are enclosing the following: • Agreement for Professional Consultant Services - for the design of the Roberts road bridge improvements. Comments: The Agreement for Professional Consultant services has been signed by B CA. Please provide BCA with a copy of the fully executed agreement. Greg Kennina.g Engineering Manager cc Mahvash Harms (B CA) INTEROFFICE MEMORANDUM: AGREEMENT PROCESS PARKS AND PUBLIC WORKS DEPARTMENT DATE Routing: 7- ; -O 7 Department Head Clerk's Office, Processing Vendor Name: Contact: Address: a. Biggs Cardosa Associates Mahvash Harms 1871 The Alameda, Suite 200, San Jose, CA 95126 Business License: Yes, License Number: b. Program/Project Expenditure Account No, Requires Finance Department to. Follow up: Vendor No.: BIG06 No. 21465 - notified Darlene on 7/3/07 to invoice for current year 400-0568/410-0568 Program/Project Expenditure Account: c. Insurance (II -III and Expiration Date): Notified Jackie on 7/3/07 to update insurance requirements SUBJECT: Agreement between the Town of Los GatosandBiggs Cardosa Associates for PPW Job No. 04-68 - Design of Roberts Road Bridge Improvements BACKGROUND: This agreement is necessary to provide professional consultant services for the design of the Roberts Road Bridge Improvements. - DISCUSSION: See attached Council report dated June 18, 2007. Also attached for your signature is a copy of an agreement between the Town of Los GatoS and Biggs Cardosa Associates. FISCAL IMPACT: This multi -year Capital Improvement Project -is budgeted_with a combination of general funds (400-0568) and grant funds (410-0568). N:UI&PVMILLIMACRROUTB\agrsoutc-sampl c.doc+ TOWN OF Los GATOS CLERK DEPARTMENT '408-354-6834 - (fax) 408-354-8431 July 16, 2007 Biggs Cardosa and Associates, Inc. Greg Kenning 1871 The Alameda, Suite 200 .San Jose, CA 95126-1752 RE: Agreement For Professional Consultant Services - AGR:07.091 Dear Mr. Kenning: CIVIC CENTER 110 E. MAIN STREET P.O. Box 949 Los GATOS, CA 95031 Enclosed please find a copy of your agreement with the Town of Los Gatos relating to the above subject matter. Our original document is on file in the Clerk Department and can•be referenced by the AGR: numbers listed above. If you have any other questions, or if we can be of any further service, please do not hesitate to contact me at (408)354-6834. Sincerely, D. Rose, CMC Clerk Administrator Encl. cc Kevin Rohani INCORPORATED AUGUST 10,1887 ATTACHMENT 3 Totti*,, Nll2ST AMENDMENT TO AGREEMENT This FIRST AMENDMENT TO AGREEMENT (Exhibit B) is entered into this the day of OLprilt 1 t , 2009, by and between the Town of Los Gatos, State of California, herein called "Town," and, and Biggs Cardosa Associates Inc., herein called "Consultant." RECITALS A. B. 1, Town and Biggs Cardosa Associates Inc. entered into an agreement for engineering design consultant services in June, 2007 ("Agreement"), a copy of which is attached hereto as (Exhibit A) and incorporated herein by reference. Consultant will provide additional design services which were not included in the original contract, in connection with Project 04-68 — Roberts Road Bridge Reconstruction Project, as specified in Exhibit B, attached hereto and incorporated herein by this reference. AMENDMENT The Scope of Services, Section 1 of the Agreement, is hereby amended to provide additional design services as specified in Exhibit B hereto at a cost not to exceed $181,800.00, and the Compensation, Section 6 of the Agreement, is hereby amended to provide that the compensation for Consultant's services shall not exceed $434,000. 2. Time of Performance; The service period of the consultant agreement shall be extended to June 30, 2010. 3. All other terms and conditions of the Agreement dated June, 2007 remain in full force and effect. IN WITNESS WHEREOF, the Town and Biggs Cardosa Associates Inc. have executed this First Amendment Agreement as of the date indicated on page one (1). Town of Los Gatos, by: By: Biggs Cardosa Associates Inc. ,$) Greg Larson, Town Manager Recommended by: Todd Capurso Director of Parks and Public Works AI"l'hST: \N. 1/4:74ckie . Rose Clerk Administrator Apprayed as to Form: Oct Orry P. Korb, Town Attorney 1\11NU ski, (print name) MEETING DATE: 3/2/09 ITEM NO. 3 CO I NCH, AGENDA REPORT DATE: FEBRUARY 18, 2009 TO: MAYOR AND TOWN COUNCIL, FROM: GREG LARSON, TOWN MANAGER SUBJECT: PROJECT 04-68 -- ROBERTS ROAD BRIDGE RECONSTRUCTION PROJECT ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH BIGGS CARDOSAASSOCIATES INC. TO PROVIDE ADDITIONAL DESIGN SERVICES FOR THE RECONSTRUCTION OF ROBERTS ROAD BRIDGE IN THE AMOUNT NOT TO EXCEED $181,800. RECOMMENDATION: Adopt resolution (Attachment 1) authorizing the Town Manager to execute anamendment to the Professional Services Agreement with Biggs Cardosa Associates Inc., to provide additional design services for the reconstruction of Roberts Road Bridge in the amount not to exceed $181,800. BACKGROUND: The Roberts Roast Bridge Reconstruction Project is largely funded through the State of California's Highway Bridge Replacement, Rehabilitation and Preservation Program (HBRRP) grant. Under the HBRRP grant, Caltrans provides funding for 88.5% of the project and the Town contributes the remaining 11.5% of the cost. On June 18, 2007, Council approved a Professional Services Agreement (Exhibit A) with Biggs Cardosa Associates Inc., to perform engineering design services for the Roberts Road Bridge Reconstruction Project. The total contract amount was $253,200, The original scope of work for this project was to design a single span bridge with minimum roadway improvements at each end of the bridge. PREPARED BY: Todd Capurso Director of Parks and Public Works Reviewed by: k5 Assistant Town Manager a Attorney Clerk ,5eP /Finance Community Development Revised; 2/18/09 3:08 PM N:\PPW MANAGEMEN'IIGOUNCIL.\COUNClLREP0RTS12Q09 mpotfs104-6 ,Rubeits Road Bridgg.13CA.omend.doc PAGE2 FEBRUARY 18, 2009 MAYOR AND TOWN COUNCIL, SUBJECT: PROJECT 04-68 - ROBERTS ROAD BRIDGE RECONSTRUCTION PROJECT BACKGROUND (coned): Over the past year, Town staff and the design team have been collaborating with Caltrans, utility companies, regulatory agencies, and neighbors to gather feedback on the designphase of this project. At this time, the design phase of the project is 65% complete. During the course of this design process, Town staff and the design, team concluded the hvtial design and scope did not adequately address safety issues for vehicles, bicyclists, and pedestrians using this roadway, Town staff contacted Caltrans to request additional funding for this project to account for these design. modifications. Caltrans agreed to grant the Town additional funds in the amount of $181,800 to broaden the scope of the project and include additional safety changes. The additional funds granted by Caltrans will not change the Town's contribution amount towards this project. DISCUSSION: Roberts Road at the east end of the bridge is not improved and there are no sidewalks on that side of the bridge. Additionally, there are two retaining walls that extend from the east end of the bridge - towards Oak Meadow Drive, One of these retaining walls has failed and the other is close to failure. Failure of these walls would create safety concerns for vehicles, bicyclists, and pedestrians who use the road. Based on the design team assessment, staff discussed these issues with Caltrans. Staffreceived positive feedback that Caltrans would be willing to increase the project budget to accommodate roadway improvements and additional design elements of the project. This addition is a beneficial roadway improvement for the Town, resulting in improvements to Roberts Road beyond the bridge primarily paid for by the State grant. Staffy in coordination with the design team, provided documentation to Caltrans in the fall of2008. In January 2009, the Town received confirmation that Caltrans has increased the design budget for the project. The additional funding covers the $181,800 cost associated with additional design for the roadway, bridge, utility relocations, retaining walls, and bridge barriers. Staff will continue to work with Biggs Cardosa Associates Inc, on the design of the project over the coining months to have construction documents ready for approval bythe Council and advertising of the project bid by summer 2009. Once the design is completed, staff will work with Caltrans to get proper documentation and authorization for the construction funding for the project. This is a normal process by Caltrans to fund each phase of the project (i.e. engineering design, constriction) separately. At this time, no additional Town funds are needed for the design oftheproject. Once the design is completed and the final construction cost estimate is available, staff will evaluate the PAGE 3 FEBRUARY 18, 2009 MAYOR AND TOWN COUNCIL SUBJECT: PROTECT 04-68 -- ROBERTS ROAD BRIDGE RECONSTRUCTION PROJECT construction budget and inform the Council if any additional fiends from the Town's contribution for the project are needed. CONCLUSION: Staffrecominends Town Council adopt a Resolution (Attachment 1) authorizing the TownManager to execute an amendment to the Professional Services Agreement with Biggs Cardosa Associates Inc., to provide additional design services for the reconstruction of Roberts Road Bridge in the amount not to exceed $181,800. ENVIRONMENTAL ASSESSMENT: This is aproject as defined under CEQA but is Categorically Exempt (Section 15301 c). A Notice of Exemption will not be filed, FISCAL IMPACT: ROI3ERTS ROAD BRIDGE RECONSTRUCTION:.,:. PROJECT 411;:818-0802 : Available Expended/ Proposed Budget Encumbered Contract Available FY 2008/09riscal Impact funding To Date Amount Balance Project411-818-0802 $1,998,015 $253,200 $181,800 $1,563,015 $ 1,998,015 $ 253,200 $ 181,800 $ 1,563,015 TOTAL EXP1 ND'ITiIRES:BY CATEGORY: Engineering/Design $ 253,200 Project Construction Contingency TOTALS $ 253,200 Attachments: Resolution authorizing the Town Manager to execute an Amendment to the Agreement Biggs Cardosa Associates Inc. Agreement (Exhibit A) Biggs Cardosa Associates Inc. Amendment to Agreement (Exhibit B) Biggs Cardosa Associates Inc. Proposal Letter (Exhibit C) Attachment I RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH BIGGS CARDOSA ASSOCIATES INC. TO PROVIDE ADDITIONAL DESIGN SERVICES FOR Tom'• PROJECT 04-68 - ROBERTS ROAD BRIDGE RECONSTRUCTION WHEREAS, in June , 2007, the Town of Los Gatos entered into an agreement with Biggs Cardosa Associates Inc. (Exhibit A), to perform engineering design consulting services at a cost not to exceed $253,200 in connection with the Roberts Road Bridge Reconstruction and Improvement Project in the Town of Los Gatos. WHEREAS, an Amendment to the Agreement is necessary to include additional design support services that will be needed during the remaining portion of the project design which was not included in the original contract for this project. 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 B) for additional consultant services, and that the Town Manager is authorized, and is hereby directed, to execute an Amendment to the Agreement. All other terms and conditions of the Agreement dated June, 2007 remain in full force and effect. PASSED AND ADOPTED at aregular meeting of the Town Council of the Town of Los Gatos, California, held on the 2n1 day of March, 2009 by the following vote. AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: Ct.FRK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA EXHIBIT A CLERK DBAAItTMEi%1T AGREEMENT FOR PROFESSIONAL CONSULTANT SE E ` rtS AGREEMENT is entered into this day of , 2007, by and between Town of Los Gatos, State of California, herein called "Town", and Biggs Cardoso Associates, Inc. engaged in providing a Professional Consultant Services agreement (Exhibit A) in connection with the design of PPW Job No. 04-68 — Roberts Road Bridge Improvement Project; herein called "Consultant." RECITALS A. Town desires to engage a professional consultant services consultant to provide design services in connection with PPW Job No. 04-68 — Roberts Road Bridge Improvement Project, herein called "Consultant" because of Consultant's experience and. qua lificatlozws to perform the desiredwork. 13. Consultant represents and affirms that it is qualified and willing to perform the desired work pursuant to this Agreement. AGREEMENTS NOW, THIMEFORE, THE PARTIES HERETO AGREE AS FOLLOWS; 1. Scope of Services. Consultant shall provide Professional Consultant Design Services as requested by the Town as outlined in (Exhibit A). 2. Time of Performance.. The services of Consultant are for the period of from June: 18, 2007 to June 30, 2009, The Town will review the Consultants' performance at the end of the contract period and will have the option of renewing the contract. Should Town not renew a contract, the award and authorization of the contract shall automatically expire. Town shall give Consultant at least 15 clays notioe, prior to the cancellation or expiration of the contract. 3. Compliance with Laws. Consultant shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Consultant represents and. Warrants to Town that it has all licenses, permits, qualitleations and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to Town that 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 which are legally required for Consultant to practice its profession. Consultant shall "naintain a Town of Los Gatos business license pursuant to Chapter 14 of the. Code of Town of Los Gatos, 4. Sole Responsibility, Consultant shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement, 5. hforzn.ation/Report 14andlixtg, All documents furnished to Consultant by Town and all reports and supportive data prepared by Consultant under this Agreement are Town's property and shalt be delivered to Town upon the completion of Consultant's services or at Town's written request. All reports, information, 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 Town to the public, and Consultant shall not make any of the these documents or information available to . any individual or organization not employed by consultants by Consultant or Town without the written consent of Town before such release. Town acknowledges that the reports to be prepared by Consultant pursuant to this Agreement are for the purpose of evaluating a defined project, and Town's use of the inform ition contained in the reports prepared by Consultant in connection with other projects shall be solely at Town's risk, unless Consultant expressly consents to such use in Wiling. Town 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 is for an amount not to exceed $253,200, and shall be based upon Town authorization for each peer review. Billing for each peer review shall be based on the Consultant's Schedule of Charges (attached hereto as Exhibit "B" and incorporated by reference herein). Billing shall be accompanied by a detailed explanation of the work performed, by whom, at what rate, and on what date, Billing invoices submitted for payment must reference the Town Purchase Order Number, and if applicable, the appropriate project address and Town Application Number, Also, plans, specifications, documents or other pertinent materials shall be submitted for Town review, even if only in partial or draft form, Payment shall be net thirty (30) days. Only one (1) purchase order number per invoice will be accepted. All invoices and statements to Town shall reference Town's ptarcbase order number and be addressed as follows: Invoices: Town dims Gatos Atin: Accounts Payable P.O. Box 655 Los Gatos, CA 95030 Statements: Town of Los Gatos Attn: Accounts Payable P.O.Box655 ' Los Gatos, CA 95030 7. Availability of Records. Consultant shall maintain the records supporting this billing for not less than three (3) years following completion of the work under this Agreement. Consultant shall make these records available to authorized personnel of Town at Consultant's efifines during business hours upon written request of Town,. 8. Project Manager, The Project Manager for Consultant for the work under this Agreement shall be Dan Devlin. 9. Assignability and Subcontracting.. The services to be performed under this Agreement are. unique and personal to Consultant. No portion of these services shall be assigned or subcontracted without the prior written consent of Town. 10. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: By: Town of Los Gatos Kevin Rohani, Interim Director Parks and Public Works Town of Los Gatos 41 Miles Avenue Los Gatos, CA 95030 Phone: (408) 399-5773 By: Consultant Biggs CardosaAssociates, Inc. Mahvash Harms 1871 The Alameda, Suite 200 San Jose, CA 95126 Phone: (408) 296-5515 11. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an Agent or employee of Town. As an independent oontractor he/she shall not obtain any rights to retirement benefits or other benefits which aGo.rue to Town employee(s). With prior written consent, Consultant may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performanee or assign or transfer Interests-ander this Agreement, Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Consultant shall be compensated for its 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 negligentperformance or wrongdoing. 12. C,onflict of Interest. Consultant understands that its professional responsibilities is solely to Town. Consultant has and shall not obtain any holding or interest within Town of Los Gatos. Consultant has no business holdings or agreements with any individual member of the staff: or management of Town or its representatives, nor shall it enter into any such holdings or agreements during the term of this agreement, including any amendments. In addition, Consultant warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of 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 Town's sole discretion, divest itself of such interest. Consultant shall not knowingly, and shall take reasonable steps to ensure that it does not, employ a person having suoh 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 woukl conflict with its performance of this Agreement, Consultant shall promptly notify Town of this employment relationship, and shall, at Town's sole 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 they basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qusilification pursuant to the California Fair Employment & Housing Act, 14. Insurance. A, Minimum Scope of Insurance; Consultant agrees to have and maintain, for the duration of the contract, General Liability insurance policies insulting him/her and his/her firm to an amount not less 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, 111. Consultant shall provide to Town. all certificates of insurance, with original endorsements effecting coverage. Consultant agrees that ail certificates and endorsements are to be received and approved by Town 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: Town, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities peirormed by or on behalf of Consultant; products and completed operations of Consultant, premises owned or used by Consultant, This requirement does not apply to the professional liability insurance required for professional errors and omissions. ii. Consultant's insurance coverage shall be primary' insurance as respects Town, its officers, officials, employees and. volunteers, Any insurance or self -insurances maintained by Town, its officers, officials, employees or volunteers shall he excess of 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 Town, its officers, officials, employees or volunteers, iv, Consultants 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 required in this item shall be endorsed to state that coverage shall not be suspended, voided, oaneeled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to Town, Current certification of such insurance shall be kept on file at all times during the term of this agreement with Clerk Administrator, 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 Town before beginning services under this Agreement. Further, Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees. 15. Indemnification, Consultant shall save, keep and hold harmless indemnify and defend Town its officers, agent, employees and volunteers from all damages, liabilities, penalties, costs, ar 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 Consultant, or any of Consultant's officers, employees, or agents or any sub -consultant. 16. Waiver. 'No failure on the part of either party to exercise any right or remedy hereunder shall operate as a vvaiver of any other right ar 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 fox any action regarding Ibis Agreement shall be in the Superior Court of the County of Santa Clara, 1.8. Termination of ,Agreement. Town and Consultant shall have .the right to terminate this agreement with or without cause by giving not less than fifteen (15) days written notice of termination. In the event of termination, Consultant shall deliver to Town all plans, files, documents, reports, .performed to date by Consultant. In the event of such termination, Town shall pay Consultant an emount that bears the same ratio to the maximum contract price as the worle delivered to Town bears to completed services contemplated under this Agreement pursuant to the noted Scope of Services and (Exhibit A) 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 of this Agreement is effective unless made in writing and signed by Town and 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 Exhibit A and B, constitutes the complete and exclusive statement of the Agreement between Town 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. IN WITNESS 'WHEREOF, Town and Consultant have executed this Agreement as of the date indicated on page one (1). Biggr Cardoso. Recommended by: Kevin Rohani Interim Director of Parka and Public Works ATFE'ST: C br Adnuiustratafr ofthe Town of Los Gatos, Ls atos, California Approved as to Form: O�'rb, Town Attorney Exhibit B FIRST AMENDMENT TO AGREEMENT This FIRST AMENDMENT TQ AGREEMENT (Exhibit B) is entered into this the day of , 2009, by and between the Town of Los Gatos, State of California, herein called "Town," and, and Biggs Cardosa Associates Inc., herein called "Consultant." RECITALS A. B. 1. Town and Biggs Cardoso. Associates Inc. entered into an agreement for engineering design consultant services in June, 2007 ("Agreement"), a copy of which is attached hereto as (Exhibit A) and incorporated herein by reference. Consultant will provide additional design services which were not included in the original contract, in conneetion with Project 04-68 — Roberts Road Bridge Reconstruction Project. AMENDMENT The Agreement is hereby arrrended to provide additional design services for this project in accordance with this First Amendment, attached hereto and incorporated herein by this reference at a cost not to exceed $181,800. 2. Time of Performance; The service period of the consultant agreement shall be extended to June 30, 2010. 3. All other terms and conditions of the Agreement dated. June, 2007 remain in full force and effect. IN WITNESS WHEREOF, the Town and Biggs Cardosa Associates Inc. have executed this First Amendment Agreement as of the date indicated on page one (1). Town of Los Gatos, by: By: Biggs Cardosa Associates Inc. Greg Larson, Town Manager Recommended by: . Todd Capurso Director of Parks and Public Works ATTEST: Jackie D. Rose Cleric Administrator Approved as to Form: Orry P. Korb, Town Attorney (Signature) (print name) C:AR©CI6A ASSOCIATES INC STRUCTURAL EN3INEERS Sits The Alemede san aloes, CA F.ir512S-1100 T&aphene 4cD-S9S-SS1.5 Faoelmlle 40B-21S843114 Town of Los Gatos Parks and Public Works Department 41 Miles Avenue Los Gatos, CA 95030 Attention: Mr. Kevin Rohani, P.E. EXHIBIT C Subject Roberts Road Bridge improvements Project Professional Services Change Request #1 Dear Kevin: Revised February 4, 2009 February 3, 2009 2007136 Biggs Cardoso Associates, Ine. is pleased to submit this proposal to provide additional professional services for the design of the Roberts Road Bridge Improvements Project. As you know, this project has changed significantly since our work began. The bridge has become longer, three retaining walls were added, the approach roadway work was extended to the west, and the utility design modifications were more significant than anticipated. These changes are further detailed in the first attachment to this Letter. As a result of these changes to the project, our scope of work for the project has changed. The additional scope of work for the project ineludcs additional project management and meetings, additional effort for the public meeting process, design of the soldier pile retaining walls, design of the tieback retaining wall, additional, effort on wall aesthetics, design of special barriers, design of the three -span bridge per AASI4TO Load and Resistance Factor Design (LRFD), incorporation of bridge lighting, additional coordination of utilities, extension of the improvements to the west, and additional coordination of the environmental process. These additional services are further detailed as follows: 0. Additional Project Management and Meetings: • Project management and administration • Additional coordination with the Town • Coordination with Caltrans Local Assistance • Coordination and review of subconsultants' work • Coordination with Santa Clara Valley Water District • Third -party coordination 1. Additional Public Outreach Effort (previously completed but not in original scope of work) • Additional coordination with the Town • Preparation ofa presentation for the public meeting • An additional rendering of the bridge 2. Soldier Pile Retaining Walls (previously completed but not in original scope of work) • Retaining wall development and Iayout • Retaining wall details • Associated calculations, quantities, cost estimate, and specifications Town of Los Gatos Revised February 4, 2009 Page 2 3. Tieback Retaining Wall (previously completed but not in original scope of work) • Retaining wall development and layout • Coordination of utilities especially sanitary sewer • Retaining wail details • Associated calculations, quantities, cost estimate, and specifications • Associated design review process • Coordination with bridge demolition and existing bridge abutment 4. Wall Aesthetics • Research of various form liner options (previously completed but not in original scope of work) • Coordination of farm finer options with the Town (previously completed but not in original scope of work) • Form liner details/specifications for the retaining walls on the west approach to the bridge (cobbles or other standard forin liner) • Include pictures provided by the Town in the construction documents • Prepare performance specification for non-standard form liner 5, Special Barrier Designs (previously completed but not in original scope of work) • Develop barrier concepts • Coordinate barrier options with the Town • Layout of barrier, railing, and pilasters • Develop barrier, railing, and pilaster details • Associated design review process • Associated quantities and cost estimates 6. Three -Span Bridge Designed per LRFD (previously completed but not in original scope of work) • Additional effort for LRFD design • Additional analysis and due to three -span bridge o Bent design and details o Slab span design and details o Seismic model o Pushover analysis (transverse and longitudinal) 7. Bridge Lighting • Development of bridge lighting concepts • Provide lighting on the south side of the bridge deck • Provide soffit lights above the Los Gatos Creek trail + Coordinate with PG&E for service point for new street lighting system • Field verification with Town's maintenance crew's help + Prepare lighting plans 8. Additional Utility Coordination • Additional coordination with PG&E for design of distribution and transmission gas lines • Additional coordination with San Jose Water Company for the water main design • Additional coordination with West Valley Sanitation District for the sanitary sewer design • Assoeiated coordination meetings 3cr. Town of Los Gatos Revised February 4, 2009 Page 3 9. Egend Improvemente tq the West • Supplemental Topographic Survey • Right -of -Way Engineering • Utility Investigations & Coordination • Additional roadway design including curb & gutter and sidewalk • Design of two concrete retaining walls (approximately 300 linear feet of retaining wall) • Development and layout of retaining walls • Retaining wall details • Coordination of retaining walls with roadway details • Associated design review process • Associated calculations, quantities, cost estimate, and specifications 10, Additional Environmental Coordination • Address biological report comments received from Caltrans • Additional coordination with the Regional Water Quality Control Board Biggs Cardosa Associates proposes to provide the above described additional scope of services by requesting an additional fee of $181,800. The breakdown of this additional fee is shown on the second attachment to this letter. The following is a summary our design fee for this project including this change request; Original Contract $253,200,00 Authorized Change Request No, 1 $181,800.00 Please Authorize Contract Total $435,000.00 The following items are not included in this proposal: • Construction support services • Construction inspection services • Development of att features for bridge "abutments" • Meetings with the Town to discuss "abutment" form liner art • Sculpting of the artwork for the "abutment" form liner Biggs Cardosa Associates, Inc. will provide a proposal for these services at the Town's request. Should you have any questions, please do not hesitate to Dail. Sincerely, BIGGS CARDOSA SSOCIATES, INC, Mahvash Harms Principal Attachments cc: Martin Bodemar, Biggs Cardosa Associates MA2ooRi36i100peeled Coro1\112P potetSentmdtSelsanlm_Roquat,A1\Rnv,Ckcugo Request 1,141m.do 4.4 Q czt as 0 tent Cost Breakdown • ni e3 0 R 4R c$ Ni b0 f9 it, CI f� in 4`t us I.- us 0 0 I, u7 Cam' f j. 0 4 [O us 0 SV M os d 9P ,r 0 4. Linda Patterson Design I. O 41 pp �fl David Powers C E w O C7 En 64 0 p 669 e a Ea 0 Ea. C 0 14 :1 8 [O U o vs a N 69 in c et XI CO co to rn pp LL a1 O m 1f0 7 . --1 0 O c p aR O N b S3 VI p Q. O En Fi Q P to 0 pp 4 csi 0 8 1-7 CV e� M N 'd' K1 res so F- 2 1 . Q es I 1 ADDITIONAL PUBLIC OUTREACH EFFORT (PREVIOUSLY COMPLETED) J a 1 a FZ to rz N 3 TIEBACK RETAINING- WALL ADDED{PREVIOUSLY COMPLETED) 4 WALL AESTHETICS 5 SPECIAL BARRIER DESIGNS (PREVIOUSLY COMPLETED) 6 THREE -SPAN BRIDGE PER LOAD & RESISTANCE FACTOR DESIGN {LRFD) VS. ONE -SPAN BRIDGE PER BRIDGE DESIGN SPECIFICATIONS 7 BRIDGE LIGHTING 5 S? Say m 9 EXTEPIR IIWPRLIV EMENTS TO TH WEST R4CLDP MG RETAINING WALL DESIGN 19 ADDITIONAL ENYiRONME$TAL COORDINATION ADDITIONAL REIMS. - PRINTING, SHIPPING z N wj OM ,- INTEROFFICE MEMORANDUM AGREEMENT PROCESS PARKS AND PUBLIC WORKS DEPARTMENT DATE SIGNATURE/'� Routing: -{-- o 9 Department Head Clerk's Office, Processing Vendor Name: Contact: Address: Biggs Cardosa Associates Vendor No.: 1019 865 The Alameda, San Jose, CA 95126 a. Business License: Yes, License Number: No. (Bus. Lic Current / On file) b. Program/Project Expenditure Account 411-818-0802 No, Requires Finance Department to Follow up: Program/Project Expenditure Account: c. Insurance (IHH and Expiration Date): Current Ins. Certif on file SUBJECT: Agreement between the Town of Los Gatos and Biggs Cardosa Associates for PPW Job No. 04-68 — Roberts Road Bridge. BACKGROUND: This agreement is necessary to provide additional professional consultant services for the design of the Roberts Road Bridge (per Town Council approval at their meeting of March 2, 2009). The Roberts Road Bridge Reconstruction Project is largely funded through the State of California's Highway Bridge Replacement, Rehabilitation and Preservation Program (HBRRP) grant. Under the HBRRP grant, Caltrans provides funding for 88.5% of the project and the Town contributes the remaining 11.5% of the cost. On June 18, 2007, Council approved a Professional Services Agreement with Biggs Cardosa Associates Inc., to perform engineering design services for the Roberts Road Bridge Reconstruction Project. The total contract amount was $253,200, The original scope of work for this project was to design a single span bridge with minimum roadway improvements at each end of the bridge. Over the past year, Town staff and the design team have been collaborating with Caltrans, utility companies, regulatory agencies, and neighbors to gather feedback on the design phase of this project. At this time, the design phase of the project is 65% complete. During the course of this design process, Town staff and the design team concluded the initial design and scope did not adequately address safety issues for vehicles, bicyclists, and pedestrians using this roadway. Town staff contacted Caltrans to request additional funding for this project to account for these design modifications. Caltrans agreed to grant the Town additional funds in the amount of $181,800 to broaden the scope of the project and include additional safety changes. The additional funds granted by Caltrans will not change the Town's contribution amount towards this project. ' PAGE 2 MARCH 19, 2009 BIGGS CARDOSA AGREEMENT PPW JOB NO. 04-68 ROBERTS ROAD BRIDGE ROCONSTRUCTION PROJECT DISCUSSION: Roberts Road at the east end of the bridge is not improved and there are no sidewalks on that side of the bridge. Additionally, there are two retaining walls that extend from the east end of the bridge towards Oak Meadow Drive. One of these retaining walls has failed and the other is close to failure. Failure of these walls would create safety concerns for vehicles, bicyclists, and pedestrians who use the road. Based on the design team assessment, staff discussed these issues with Caltrans. Staff received positive feedback that Caltrans would be willing to increase the project budget to accommodate roadway improvements and additional design elements of the project. This addition is a beneficial roadway improvement for the Town, resulting in improvements to Roberts Road beyond the bridge primarily paid for by the State grant. Staff, in coordination with the design team, provided documentation to Caltrans in the fall of 2008. In January 2009, the Town received confirmation that Caltrans has increased the design budget for the project. The additional funding covers the $181,800 cost associated with additional design for the roadway, bridge, utility relocations, retaining walls, and bridge barriers. Staff will continue to work with Biggs Cardosa Associates Inc. on the design of the project over the coming months to have construction documents ready for approval by the Council and advertising of the project bid by summer 2009. Once the design is completed, staff will work with Caltrans to get proper documentation and authorization for the construction funding for the project. This is a normal process by Caltrans to fund each phase of the project (i.e. engineering design, construction) separately. At this time, no additional Town funds are needed for the design of the project. Once the design is completed and the final construction cost estimate is available, staff will evaluate the construction budget and inform the Council if any additional funds from the Town's contribution for the project are needed. Attached for your signature is a copy of an Amendment to the Agreement between the Town of Los Gatos and Biggs Cardosa Associates, Inc. for the amount of $181,800. This Amendment was (exhibit B) of the March 2, 2009 Town Council Report. FISCAL IMPACT: This project is funded in the Capital Improvement Project in Account No. 411-818-0802, NAIPPW\MANAGEMENVManagenient PERSONAL Folders\udd\AGREEMENT ROUTE\agrmt route BiggsCardosa 3nar09,r{f