1981-111-Authorizing Addendum To Agreement With Mark Thomas & Co., Inc. For Engineering ServicesRESOLUTION NO. 1981 -111
RESOLUTION AUTHORIZING ADDENDUM TO
AGREEMENT WITH MARK THOMAS & CO., INC.
FOR ENGINEERING SERVICES (KNOWLES
DRIVE ASSESSMENT DISTRICT).
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 that agreement entitled, "ADDENDUM TO AGREEMENT FOR ENGINEERING
SERVICES ", with MARK THOMAS & CO., INC., a copy of which is attached
hereto, and that the Mayor is authorized, and he is hereby directed, to
execute said agreement in the name and in behalf of the TOWN OF LOS
GATOS.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Los Gatos held on the 18th day of
1981, by the following vote:
AYES:
COUNCIL MEMBERS
Ruth Cannon, MarLyn J. Rasmussen Brent N.
Ventura and Peter
W. Siemens
NOES:
COUNCIL MEMBERS
None
ABSTAIN:
COUNCIL MEMBERS
None
ABSENT:
COUNCIL MEMBERS
Thomas J.
Ferrito
SIGNED:
JHE TOWN OF LOS GATOS
iAYuR UN
ATTEST:
_
—
GATOS
t;Lh;XK
OF THE TOWN r LOS
ADDENDUM TO AGREEMENT FOR ENGINEERING SERVICES
THIS ADDENDUM TO AGREEMENT FOR ENGINEERING SERVICES entered into
by and between the Town of Los Gatos, a municipal corporation, here-
inafter called "TOWN" and Mark Thomas & Co., Inc., a California
corporation, hereinafter called "ENGINEER ".
W I T N E S S E T H:
WHEREAS, on or about August 24, 1979, CITY and ENGINEER entered
into an Agreement for Engineering Services in connection with the
Roadway Improvement Program entitled Knowles Drive Area Improvement
Project 79 -1, including design, construction coordination, construction,
surveying and administration; and
WHEREAS, ENGINEER has advised CITY that its cost for performance
of the survey work has increased because of the request for additional
services and for additional labor costs increased as a result of
extended contract period and,
WHEREAS, the parties hereto have negotiated an increase in the
maximum limitation for Fee "A ", "B" and "C" described on attached
Exhibit A,
WHEREAS, TOWN and ENGINEER each desire to enter into a further
Addendum to their Agreement described above to provide for the in-
creased payment referred to herein,
NOW, THEREFORE, TOWN and ENGINEER AGREE as follows:
Refer to Paragraph 8
DETERMINATION OF ENGINEERING MAXIMUM FEE "A"
Proposed Adjustment in Maximum Fee A
Estimated Final
of Work
Designed
:11 111
Refer to Paragraph 11
Maximum Fee
Limitation
Per Contract
DETERMINATION OF FEE "B"
Refer to Paragraph B
6.53%
3.00%
Work To Be Included in En ineers Fee "C"
Add the Following:
C. Acquisition of Rights of Way
Proposed Proposed
Adjustment Revised
In Maximum Contract
Limitation Fee "A"
0.52 7.05
1.00% 4.00%
1. Engineer shall prepare offers to property owners for acquisitions.
2. Engineer shall meet and confer with property owner to explain
proposed improvements and acquisition offers.
3. Engineer shall prepare tabulations for filing of Notice of
Condemnation.
4. Engineer shall provide reports of negotations to Director
of Public Works.
5. Engineer shall prepare Final Report on Status of Negotiations.
6. Engineer shall negotiate with the property owners to obtain
rights of way and present offers to Town for approval.
7. Filing of Condemnations to be by Town Attorney.
Refer to Paragraph 14
DETERMINATION OF ENGINEERS MAXIMUM FEE "C"
Proposed Adjustment in Maximum Fee "C"
Proposed Proposed
Maximum Fee Adjustment Revised
Limitation In Maximum Contract
Per Contract Limitation Fee "A"
2.00% 1.30% 3.'300
2. Except as hereinabove modified and modified by the prior
Addendum, the Agreement between TOWN and ENGINEER, together with the
terms and provisions contained therein, hereby is ratified and confirmed.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed in the Town of Los Gatos, State of California, as
follows:
By ENGINEER this day of
By TOWN this .,;Z f day of ,
ATTEST:
City Clerk
1981; and
1981.
TOWN OF LOS GATOS
A Municipal Corporation of
the State of California
By
"TOWN"
MARK THOMAS & CO., INC.,
A California Corporation
BY
President
By
Vice President
"ENGINEER"
EXHIBIT A
The basis for an adjustment of the maximum fee limitations is based
on the following:
1. WHEREAS the Town has requested the Engineer to
Provide additional services in connection with
negotiations for the acquisition of lands to be
acquired by the assessment district.
2. WHEREAS additional services, cost estimates,
meetings, and special exhibits have been expended
in connection with the preparation of separate
agreements necessary for cost participation by
the City of Campbell, County of Santa Clara,
Sanitation District No. 4, and Bard - parker.
3. WHEREAS as set forth in the contract it was
anticipated at the time of the award in August of
1979, that design work would be completed in
150 days and as a result of required coordination
and input from other city, county and outside
agencies, delays resulted in the preparation of
contract plans. Whereas in the Fall of 1980, it
was decided to delay work until the Spring of 1981
for the following reasons:
a. So streets would not be repaired during
anticipated rainy season.
b. For an anticipated improvement in bond
market interest.
C. For an anticipated improvement in construction
bid market.
4. WHEREAS as a result of the short time schedule set
forth in the contract, cost of living increases were
not anticipated to be necessary. Hourly charge rate
schedule to the contract was effective through July
of 1980 and should be amended to reflect the cost
of living increases which have occurred since July 1, 1980.
5. WHEREAS it is anticipated that a major portion of the
construction surveying work will occur after July 1981,
which will result in a second cost of living increase
during the contract period.
6. WHEREAS Engineer of work has performed his services
diligently and continuously in order to complete the
project without delay.
7. WHEREAS it is desirable that contingency funds be
budgeted to cover items that are anticipated to
occur with the expenditure of additional funds at
the direction of the Director of Public Works for
items such as the following:
a. Providing of additional plans and specifications
beyond contract amount for the contractors and
other agencies use (PG &E, PT &T & SJWW).
b. Preparation of plat and description for easement
for electrical service for the traffic signal
system not anticipated to be required by PG &E.
C. Coordination of work with private developments
now in progress within the project area.
8. WHEREAS sufficient funds have been assessed and
provided for in the engineering report under fees
for this additional work.
Maximum Fee "A"
a. 800,000 x 6.53% _
b. Increase for Proposed
Cost of Living
Increase (1980)
EXHIBIT C
DETERMINATION OF
ENGINEERS FEES
$52,200
4,160
$56,360
56,360/800,000 x 100 = 7.085
Proposed Adjustment
in % Fee "A" (0.52 %)
Maximum Fee "B"
(Topography & Construction
Surveying)
a. 800,000 x 3.0% _
b. Increase for Cost
of Living (1980 -81)
(.085)
Surveying Contract
C. Increase for Cost
of Living (1981 -82)
(.085)
Surveying Contract
d. Added Surveying Cost
to Update Topography
& Plans to Reflect
Private Developments
$24,000
2,040
2,040
3,920
$32,000
32,020/800,000 x 100 = 4.00%
Proposed Adjustment in % Fee "B" (1.00 %)
Billing value
Of Work
Completed
To Date
$66,920
$ 7,551
Proposed
Write Off
$10,600
Maximum Fee "C"
Assignment Spread,
Engineering Report and
Land Acquisition Fee
a. 800,000 x .02 = $16,000
b. Increase for Cost of
Living (1980 -81)
(.085) 1,360
SUBTOTAL $17,360
C. Increase for Proposed
Acquisition of Rights
of Way
(For Additional Work
Requested)
d
Increase in Allowance
to Provide for Printing
of Additional Contract
Plans and Specifications
during Construction
Beyond Contract.
Preparation of Easement
for PG &E Service to
Vasona Station 1,500 *
$26,360
7,500
26,360/800,000 x 100 = .033
Proposed Adjustment in % Fee "C" _ (1.30 %)
Billing Value
Of Work
Completed Proposed
To Date Write Off
$19,864 $2,504
$13,104 **
*To be expended only upon authorization by Director of Public Works.
* *Estimated total amount to be credited toward future work or deducted
from 10% retainer.