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1999-013-Authorizing Contract Of Plans, Specifications And Estimates For Project 9935RESOLUTION 1999 13 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING CONTRACT WITH MARK THOMAS AND COMPANY TO ASSIST COMPLETION OF PLANS, SPECIFICATIONS AND ESTIMATES FOR, PROJECT 9935 - SEISMIC RETROFIT TWO BRIDGE STRUCTURES, LOS GATOS CREEK AT BLOSSOM HILL ROAD, BRIDGE NO. 37C -0104, AND, LOS GATOS CREEK AT LARK AVENUE, BRIDGE NO. 37C -0286. WHEREAS, transportation is vital in emergencies and the retrofit project will improve the survivability of the bridge structures in the event of an earthquake; and WHEREAS, it is the intention of the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, to carry out Project 9935 - Seismic Retrofit Two Bridge Structures, Los Gatos Creek at Blossom Hill Road, and Los Gatos Creek at Lark Avenue; and WHEREAS, selection of a Consultant to assist in completion of the Seismic Retrofit Project 9935 is necessary and desirable because the Town lacks sufficient in house expertise and recovery to perpetuate such service in a timely manner; and WHEREAS, Mark Thomas and Company is experienced and qualified to perform said services; and THEREFORE, BE IT RESOLVED: That the Town Manager is hereby authorized and directed to retain MARK THOMAS AND COMPANY TO ASSIST COMPLETION OF PLANS, SPECIFICATIONS AND ESTIMATES, and execute said contract /agreement (Exhibit A) with MARK THOMAS AND COMPANY in the name and on behalf of the Town of Los Gatos. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 1st day of February, 1999 by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Joe Pirzynski, Mayor Jan Hutchins. NAYS: None ABSENT: None ABSTAIN: None SIGNED: MAYOR OF P-TOWN OF LOS GA' LOS GT7S, CALIFORNIA ATTEST: i CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA. N CLERi( AGREEMENT FOR EGINEERING CONSULTANT SERVI - -" THIS AGREEMENT is entered into this 4th day of January, 1999, by and between the Town of Los Gatos, State of California, herein called the "Town ", and MARK THOMAS AND COMPANY, INC., engaged in providing ENGINEERING CONSULTING SERVICES consulting services herein called the "Consultant". RECITALS A. The Town is considering undertaking activities to SEISMIC RETROFIT TWO BRIDGE STRUCTURES, LOS GATOS CREEK AT BLOSSOM HILL ROAD, AND LOS GATOS CREEK AT LARK AVENUE. B: The Town desires to engage a ENGINEERING CONSULTING SERVICES Consultant to provide consulting services in conjunction with ASSISTING IN THE COMPLETION OF PLANS, SPECIFICATIONS AND ESTIMATES, FOR THE SEISMIC RETROFIT TWO BRIDGE STRUCTURES, LOS GATOS CREEK AT BLOSSOM HILL ROAD, AND LOS GATOS CREEK AT LARK AVENUE because of Consultant's experience and qualifications to perform the desired work. C. The Consultant represents and affirms that it is qualified and willing to perform the desired work pursuant to this Agreement. AGREEMENTS NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: Scope of Services. The Consultant shall provide the following services listed below and as shown in Attachment 2 / Exhibit A. Combine the currently approved seismic retrofit structure plans with civil plans prepared by the Town, prepare special provisions and necessary permits for a complete bid package. Bridge plans will be prepared in Caltrans format. Obtain all permits, including environmental clearances. TASK DESCRIPTION Estimated Total Cost Per Task: Task 1 - Field Review a) Field verify Town provided mapping b) Document existing roadway conditions with photos and notes. $802.00 Task 2 - Data Collection a) Collect data from Town Public Works Revised: December 11, 1998 Page 1 of 8 N: \B &E \AGREEMTS \MARKTHM, AGR Exhibit A TASK DESCRIPTION Estimated Total Cost Per Task: b) Collect data from County Public Works c) Request utility location update. $1,108.00 Task 3 - Draft PS &E (50 %) a) Review data and update base plans b) Line drawings 1) Title and location map 2) Layouts and Utility Plan 3) Construction Details 4) Incorporate structural plans c) Coordination with Santa Clara Water District d) Prepare Fish & Game Permit and Environmental Clearance e) Existing Right of Way Certification Engineering f) Preliminary cost estimates g) Internal QC on Draft PS &E submittal. $11,342.00 Task 4 - Final PS& E (90 %- 100 %) a) Respond to 50% comments b) Update plans c) Udate specifications d) Update quantities and estimates e) Perform. Independent QC f) Respond to 90% comments g) Update PS &E h) Reproducible PS &E. $5,393.00 Task 5 - Bid and Construction Engineering Assistance a) Review Bid Addendums / Questions b) Input for Contractor BFI's and CO's. $1,226.00 TOTAL: $19,870.00 2. Time of Performance. The services of the Consultant are to commence upon the execution of this Agreement with completion of the project by October 1, 1999. 3. Compliance with Laws. The Consultant shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Consultant represents and warrants to Town 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 Revised: December 11, 1998 Page 2 of 8 N: \B &E \AGREEMTS \MARKTHM. AGR 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 the 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 the Town and all reports and supportive data prepared by the Consultant under this Agreement are the Town's property and shall be delivered to the Town upon the completion of Consultant's services or at the 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 the Town to the public, and the Consultant shall not make any of the these documents or information available to any individual or organization not employed by the Consultant or the Town without the written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the Consultant pursuant to this Agreement are for the purpose of evaluating a defined project, and Town's use of the information contained in the reports prepared by the 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 shall not exceed $19,870.00, and payment shall be based upon Town approval of each task with cost as shown in Attachment 2 / Exhibit A. Billing shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. 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. All invoices and statements to the Town shall reference the Town's purchase order number and be addressed as follows: Invoices: Town of Los Gatos Attn: Accounts Payable P.O. Box 949 Los Gatos, CA 95030 Revised: December 11, 1998 Page 3 of 8 N: \B &E \AGREEMTS \MARKTHM. AGR Statements: Town- of Los Gatos Attn: Sandy Ortiz P.O. Box 949 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 the Town at the Consultant's offices during business hours upon written request of the Town. 8. Project Manager. The Project Manager for the Consultant for the work under this Agreement shall be Po -Kang Chen, SE, Manager, Structures Department. 9. Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Consultant. No portion of these services shall be assigned or subcontracted without the written consent of the Town. 10. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: To Town: Scott R. Baker Director of Parks and Public Works Town of Los Gatos P.O. Box 949 Los Gatos, CA 95031 To Consultant: Mark Thomas & Co. Inc. Attn: Po -Kang Chen, Manager, Structures Department 90 Archer Street San Jose, CA 95112 -4501 or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town. 11. Independent Contractor. It is understood that the Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the 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, the Consultant may perform some obligations Revised: December 11, 1998 Page 4 of 8 N: \B &E \AGREEMTS \MARKTHM. AGR 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, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Consultant or is based on allegations of Consultant's negligent performance or wrongdoing. 12. Conflict of Interest. Consultant understands that its professional responsibilities is solely to the Town. The Consultant has and shall not obtain any holding or interest within the Town of Los Gatos. Consultant has no business holdings or agreements with any individual member of the Staff or management of the Town or its representatives nor shall it enter into any such holdings or agreements. In addition, Consultant warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the Town in the subject of this Agreement, and it shall immediately disassociate itself from such an interest should it discover it has done so and shall, at the Town's sole discretion, divest itself of such interest. Consultant shall 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 the 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. Minimum Scope of Insurance: Consultant agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him /her and his /her firm to an amount not less than: one million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. Revised: December 11, 1998 Page 5 of 8 N: \B &E \AGREEMTS \MARKTHM. AGR ii. Consultant agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his /her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. iii. Consultant shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Consultant agrees that all certificates and endorsements are to be received and approved by the 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: The Town, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of Consultant, premises owned or used by the Consultant. This requirement does not apply to the professional liability insurance required for professional errors and omissions. ii. The Consultant's insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees and volunteers. Any insurance or self - insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies. shall not affect coverage provided to the Town, its officers, officials, employees or volunteers. iv. The Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits 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, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Town. current certification of such Revised: December 11, 1998 Page 6 of 8 N: \B &E \AGREEMTS \MARKTHM. AGR insurance shall be kept on file at all times during the term of this agreement with the Town Clerk. D. In addition to these policies, Consultant shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Town 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. The Consultant shall save, keep and hold harmless indemnify and defend the Town its officers, agent, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of the Consultant, or any of the Consultant's officers, employees, or agents or any subconsultant. 16. Waiver. No failure on the part of either party to exercise any right or 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 or Municipal Court of the County of Santa Clara. 18. Termination of Agreement. The Town and the 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, the Consultant shall deliver to the Town all plans, files, documents and reports performed to date by the 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 the Town bears to completed services contemplated under this Agreement pursuant to 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 the Town and the Consultant. 20. Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, including costs of appeal. Revised: December I1, 1998 Page 7 of 8 N: \B& E \AGREEMTS \MARKTHM. AGR 21. Entire A,�reement. This Agreement, including Exhibit A attached hereto, constitutes the complete and exclusive statement of the Agreement between the 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 parry. IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement as of the date indicated on page one (1). Town of Los Gatos: David W. Knapp, Town Manager ATTEST: Clerk of the Town of Los Gatos, Los Gatos, California Marian Cosgrove, Town Clerk Approved as to Form: Orry P. Korb, Town Attorney Consultant: Print Name Title Revised: December 11, 1998 Page 8 pf 8 N: \B &E \AGREEMTS \MARKTHM. AGR V `RK THOMAS &'CO. INC. C0NSUL77NG CIVIL ENG1NEERS a MUNICIPAL PLANNERS 90 ARCHER 3MM7.. SAN JOSE, CA 0712.4501 PHONE (408) 453 -Wn - FAx (4081453.5390 Visit us at www.markt =aL=n November 16,1998 Ms. Ellen Ellsworth Parks & Public Works Department Town of Los Gatos 110 E. Main Street Los Gatos, California 95031 4co P. 02/05 i 9:%-44MIT A sAM a a�u.a AKMARO K TANA NA PMLLLP R. ZAV40 11MOTMY R. A.BLYNG aAV10 M AC= MX*gA 1 L04MAN File No. 98932 RE: Cost Praposal for Two- Sirructare Seismic Retrofit Civil Bid Packaging Las Gatos Creek at Blossom Hill Road (37C -0104) Las Gatos Creek at Lark Avenue (37C -0286) Dear Ms. Ellsworth. As requested, we are pleased to submit our cost proposal for providing engineering services for the preparation of permit applications, specifications and estimate for the referenced project. The Project The Town of Los Gatos wishes to retain a qualified contractor to perform the prescribed earthquake seismic retrofit construction for the referenced bridges. The retrofit structure plans have been completed and approved by Odtrans. During construction, all construction work will be performed from the top and under the bridges; a traffic handling plan will be provided. A California Fish & Game permit and environmental clearance will be required. Also, a temporary construction easement will be required from the Santa Clara Valley Water District for storage and access to the work area. Engineering Scope This scope is to combine the currently approved seismic retrofit structure plans. with civil plans prepared by the Town, prepare special provisions and necessary permits for a complete bid package. The Town will provide traffic handling concepts and any required traffic studies. The Town will provide base mapping with existing right -of- TRAWCATATION QQUnES HIGHWAYS AMC SAIOGM MUNICIPAL a'NGINQEAS A33934MOW 019TAICTS MYOp0000Y AND MAIMAG& VM CEV6LOPM6NT SUSINeSS PARKS SURVEYING CCNSMUCTlON MAMAaeABNT CONSMcTi0N IdYDUr AMC INCPBGTTON SPEWI. 018TA1CT MANAGaMfNT Ms. Ellen Ellsworth November 16,1998 Page 2 of 2 way shown in a format acceptable to Caltrans. Bridge plans will be prepared in the Caltrans format The Town will publish, advertise, and provide the construction administration. Mark Thomas & Co. Inc. will obtain all pernuts, including environmental clearances. The proposed scope of work is provided in more detail in the enclosed ?attachment "B ". Estimated Level of Effort Our estimated level of effort and costs are included in the detailed listing provided as Attachment "B ". Mark Thomas & Co. Inc. will perform these services for an amount not to exceed $19,870.00 on a time and material basis. Schedule Our proposed schedule for performing the Scope of work begins with the approval of this proposal. The milestone dates are as follows: 50% FS&E Submittal Six weeks from Notice to Pmceed 90% PS&E Submittal Four weeks from receipt of 30% comments 100% PS&E Submittal Four weeks from receipt of 90% comments If you have any questions, or require additional information, please call me. Sincerely, MARK THOMAS & CO. INC. Richard K Tanaka nt enclosure ATTACHMENT "B" TOWN OF LOS GATOS TWO BRIDGES SEISMIC RETROFIT CIVIL BID PACKAGING PROPOSAL ESTIMATED LEVEL OF STAFFING FOR 16- Nov -98 TOWN OF LOS GATOS - TWO BRIDGES RETROFIT CML BID PACKAGE HOURS Mark Thomas& Co. TOTAL HOURS TASK PM SR ASE AE/S ALL Task 1- Field Review a) Field Verify City Provided Mapping 4 4 b) Document Existing Roadway Conditions with Photos and Notes 2 2 Subtotal Task 1 6 6 Task 2 - Data Collection a) Collect Data from City Public Works 2 2 4 b) Collect Data from County Public Works 2 2 4' C) Request UUltiy Location Update Subtotal Task 2 4 1 4 I 8 Task 3 - Drag PS &E ;50 %) a) Review Data and Ucdate Base Plans b) Line Drawings 1) Title and Location Map 2) Layouts and Utility Plan 3) Construction Details 4) Incomorate Structure Plans 2 2 16 20 c) Coordination with SCVWD 4 2 6 d) Prepare Fish & Game Permit & Environmental Clearance 32 2 34 C) Utility Positive Location Coordination 1 2 3 d) Prepare Draft Specifications 16 16 e) Existing Right of Way Cartification Engineering 8 2 10 f) Preliminary Cost Estimates 2 4 6 g) Internal QC on Draft PS&E Submittal 4 2 6 Subtotal Task 3 69 16 16 101 Task 4 - Final PS &E (90% & 100 %) a) Respond to .50% Comments 2 2 2 6 b) Update Plans c) Update Specifications 8 4 12 d) Update Quantities and Estimates 2 1 3 e) Perform Independent QC. 1 1 4 6 f) Respond to 90 116 Comments 2 1 4 7 g) Update PS &E 2 1 4 7 h) Reproducible PS &E 4 1 2 7 Subtotal Task 4 21 7 20 48 Tasks 5 - Bid.& Construction Engineering Assistance al Review Bid Addendums/Questions 2 2 4 b) Input For Contractor RFi s and CO's 4 2 6 Subtotal Tasks 5 6 4 10 TOTAL FOR PROJECT 106 31 16 1 20 t 173 Mark Thomas Co. Inc. File No. 98906 For the Town of I.cs Gatos Page 1 of 2 ATTACHMENT "B" TOWN OF LOS GATOS TWO BRIDGES v.—,iSMIC RETROFIT CIVIL BID PACKAvING PROPOSAL ESTIMATED COSTS FOR 16- Nov -98 TOWN OF LOS GATOS - TWO BRIDGES RETROFIT CIVIL 810 PACKAGE COSTS MARK THOMAS & CO. INC. TOTAL ESTIMATED TASK PM SR ASE AEIS Reimb. COSTS 48.00 33.00 24.50 20.00 Task 1- Field Review a) Field Veiiiy City Provided Mapping 515 30 545 b) Document Existing Roadway Conditions with Photos and Notes 257 257 Subtotal Task 1 772 30 802 Task 2 - Data Collection a) Collect Data from City Public Works 257 177 434 b) Collect Data from County Public Works 257 177 40 ' 474 c) Request Utiltiy Location Update 200 200 Subtotal Task 2 515 1 354 I 240 1.108 Task 3.Oraft PS &E1,50 %) a) Review Cata and Uooate 3ase Plans b) Line Drawings 1) Title ano Location Map 2) Layouts and Utility Plan 3) Construction Details 4) Incorporate Structure Plans 257 177 1,051 1,485 c) Coordination with SC'JWO 515 177 691 d) Prepare Fish & Game Permit & Environmental Clearance 4,116 177 4,293 c) Utility Positive Location Coordination 129 177 306 d) Prepare Draft Specifications 2,058 2,058 e) E�isting Right of Way Cartification Engineering 1,029 177 1,206 t) Preliminary Cost Estimates 257 354 611 g) Internal QC on Draft PS &E Submittal 515 177 691 Subtotal Task 3 8,876 1,415 1,051 11,342 Task 4 - Final PS &E (90°% & 100 %) a) Respond to 50% Comments 257 177 107 541 b) Update Plans 200 200 c) Update Specifications 1;029 214 1,244 d) Update Quantities and Estimates 257 88 346 e) Perform independent QC. 129 88 214 431 f Respond to 90% Comments 257 88 214 560 g) Update PS &E 257 88 214 560 h) Reproducible PS &E 515 88 107 800 1,510 Subtotal Task 4 2.701 619 1,072 1,000 5,393 Tasks 5 - Bid & Construction Engineering Assistance a) Review Bid Addendums /Cuestions 257 177 434 b) Input For Contractor RFi s and CO's 515 177 100 791 Subtotal Tasks 5 772 354 100 1,226 TOTAL FOR PROJECT 13,636 2,742 1,051 1,072 1,370 19,870 Mark Thomas Co. Inc. File No, 98906 For the Town of Los Gatos Page 2 of 2