Loading...
2009-017-Execute An Amendment To The Professional Services Agreement With Biggs Cardosa Associates Inc. To Provide Additional Design Services For Project 04-68RESOLUTION 2009 -017 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 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 ImprovementProject 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 a regular meeting of the Town Council of the Town of Los Gatos, California, held on the2" a day of March, 2009 by the following vote. COUNCIL: AYES: Diane McNutt, Joe Pirzynski, Steve Rice, Barbara Spector, and Mayor Mike%sserman NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA EXHIBIT A CLERK DP-PARTM13NT AGR ORD AGREEMENT FOR PROFESSIONAL CONSULTANT THOS 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 PPP` 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, TMREFORE, THE PARTIES HERETO ACTREE AS FOLLOWS Scope of Services Consultant shall provide professional Consultant Design Services as requested by the'1'own as outlined in (Exhibit A). T ime of Performance. The services of Consultant ate for the period of frmn 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 c6raact, 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, 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, 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 terns of this Agreement any licenses, pormits, 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, Tnforrnationllteport 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 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 lnalce 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 evalivatiug a defined project, and Town's use of the in,ronnation 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 on the Consultant's Schedule of Charges (attached hereto as Exhibit "l3" and incorporated by reference berei.n). 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 Munber, 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 (3 0) days. Only one (1) purchase order number per invoice will be accepted. All invoices and statements to Town shall reference Tovni's purchase order number and be addressed as follows: invoices: Town of Los Gatos Attn-: Accounts PayE.ble P.O. Box 655 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 tinder 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,. Project Manager The Project Maulager for Consultant for the work under this Agreement shall be Dan Devlin, 9. 10. Assi ability and Suboontractin .. 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 Towel, 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 rose, CA 95126 Phone: (408) 296 -5515 11. Tndependent Contractor Tt 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 Agrecment, 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 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 mcmber of the staff- or management of Town or its representatives, nor shall it enter into any such holdings or agreements during the teirn 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 Agreenrrent, 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, Tf after employment of a person, Consultant discovers it lias 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 employnent 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 thorn 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 abona fide occupational qualification pursuant to the California Fair Employment & Housing Act, 14. Insurance A. MM' imam Scope of Insurance: i, Consultant agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his /her film to an amount not less than: one million. dollars ($1,000,000) combined single limit per occurrence foi 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 /.leer staff to an amoiunt not less than one, million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. iii. Consultant shall provide to 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. 13, Gezreral liability: Town, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities per - formed 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. A Consultant's insurance coverage shall be primmy 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 Consultants insurance and shall not contribnte 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, 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 times during the term of this agreement with Clerk Achninistrator, D. Li 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 411 damages, liabilities, penalties, costs, or expenses in law or equity that may at any time d.rise 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 subsequentbreaeh of the same or any other provision of this Agreement. 1.7. G overning 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, 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 (l5) 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 ConfiuItant 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, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination. 19. Amendment No modification, waiver, mutual texmination, or amendment of this Agreement is effective unless made in writing and signed by 'Town and Consultant. 20. Disputes. hi- 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 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, ToV,nu and Consultant have executed this Agreement as of the date indicated on page one (1). Fo Los Gatos Debra rgone Town Mana r Town fLes- atos Recotninended by: Kevin Rohaui biterim Director of Parks and Public Works ATTEST: C }crl A.dnuilistrat8 of the Town of Los Gatos, L s P atos, California f Bugg Cardasa Associa s c. Approved as to Form gy-F Town Attorney Exhibit B FIRST AMENDMENT TO AGREEMENT This FIRST AMENDMENT T 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. 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. B. 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. AMENDMENT 1. The Agreement is hereby amended 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 tune, 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 M. Town of Los Gatos, by: By: Biggs Cardosa Associates Inc. Greg Larson, (Signature) Town Manager Recommended by; (print name) Todd Capurso Director of Parks and Public Works ATTEST: Jackie D. Rose Cleric Administrator Approved as to Form: Oily P. Korb, Town Attorney E31GGS CAROOSA ASSOCIATES INC STRUCTURAL ENGINEERS BB6 Th.ei Alemada Juan Jose, CA G51 ` -3133 Telephone 40E3 -P_9E3 -5515 Faosimlle 408 -208- 8'1'14 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 Improvements Project Professional Services Change Request #1 Dear Kevin: Revised February 4, 2009 February 3, 2009 2007136 Biggs Cardosa Associates, Inc, 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 includes 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 AASHTO Load and Resistance Factor Design (1:.RFD), 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 Proiect Manaaement and Meetinas: • Project management and administration • Additional coordination with the Town s Coordination with Caltrans Local Assistance • Coordination and review of subconsultants' work Coordination with Santa Clara Valley Water District e Third -party coordination 1. Additional Public Outreach Effort (previously completed but not in original scope of work) • Additional coordination with the Town • Preparation of a presentation for the public meeting • An additional rendering of the bridge 2. Soldier Pile Retaining Walls (previously completed but not in original scone of work) • Retaining wall development and layout • Retaining wall details • Associated calculations, quantities, cost estimate, and specifications EXHIBIT C T=:A 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 wall details • Associated calculations, quantities, cost estimate, and specifications • Associated design review process • Coordination with bridge demolition and existing bridge abutment Wall Aesthetics • Research of various form liner options (previously completed but not in original scope of work) • Coordination of form 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 form 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 Brid Designed per LRF'D previously co pleted but not in original scope of work) • Additional effort forLRF'D design • Additional analysis and due to three -span bridge • Bent design and details • Slab span design and details • Seismic model • 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 • Associated coordination meetings acr_ Town of Los Gatos Revised February 4, 2009 Page 3 9. Extend I mprp gments.to,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 Coo rdination • 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 attaehmcnt 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 $18,1,800.00 Please Authorize Contract Total $435,000.00 The following items are not included in this proposal; • Construction support services • Construction inspection services • Development of art 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 call. Sincerely, BIGGS CARDOSA SSOCIATES, INC. Mahvash Harms Principal Attachments cc: Martin Bodemar, Biggs Cardosa Associates M;5 2oo7U36 %J00 Project Controht12l'topo3RI Cuntract5\Cha3lge Requul_R{1Rev Change Requost 1,Letler.doe ter. i NI kr A Q v F c? 4 8 8 O' 0) _ co H O (q p N O ~ O r �' 0 Q N 0 W r in c+� b4 ca L F p 0 t 6 � t0 ❑ "CS G r 18 $ O o Q Lo 66 e Sp to S � t Y V � ca CD 0 U. v r N U R O O C? O O O - O } Q '"'. O Ln 4 M M . +N 0 N .3 f,. uT tii co N L\e � t`i h cD r �fl eV fA tl' 47 m c '_�'' QQQ Q� }— otl 0 d O r a. U w LC]ry LU r n I v� o n a z �t p zz �� w U � d of w °� a � Lr W 4 0 ,[ N U ¢ p d 4 04 z -1 a R F° O z 0 t 0 V a!_ z U� O Z -zq a a LU to a aa U } � 92 6 U im z Oqp 2 p V 13 0 a } dd V v!U 4 b < N M 7 LO N OD QS v F c?