1985-167-A-Authorizing Water And Sewer Extension AgreementRESOLUTION NO. 1985 - 167 -A
RESOLUTION AUTHORIZING WATER AND SEWER
EXTENSION ,AGREEMENT
RESOLVED, by the Town Council of the Town of Las Gatos, County of Santa Clara,
State of California, that the TOWN OF LOS GATOS enter into that agreement entitled
"WATER AND SEWER EXTENSION AGREEMENT ", with Donald D. Howard and Jo A. Howard, 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.
FURTHER RESOLVED, that the Town Clerk is hereby directed to record said
agreement with the County Recorder of Santa Clara County.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos held on 2nd day of December 19 by the following
vote:
AYES: COUNCIL MEMBERS Joanne Benjamin, Eric D. Carlson, Thomas J.
Ferrito Brent P1. Ventura and 'Mayor Terrence J. Daily
140ES:
COUNCIL
MEMBERS
None
ABSTAIN:
ABSENT:
COUNCIL
COUNCIL
MEMBERS
MEMBERS
None
None
SIGNED: /,,-?
ATTEST:
CLERK OF THE T014N OF LOS G S
0
RECORDING REQUESTED BY:
Town of Los Gatos
WHEN RECORDED MAIL TO:
Town Clerk
Town of Los Gatos
P.O. Box 949
Los Gatos, California 95031
NO FEE - GOVERNMENT CODE SECTION 6103
SEWER AND WATER EXTENSION AGREEMENT
THIS AGREEMENT, made by TOWN OF LOS GATOS (hereinafter referred to as "TOWN ")
and DONALD D. HOWARD AND JO A. HOWARD (hereinafter referred to as "OWNERS ");
WHEREAS:
(a) The land referred to in this Agreement is located at 16541 CYPRESS WAY and
described in the attached Exhibit "A" and for brevity is referred to as "LAND."
(b) OWNERS are the owners of LAND and have installed a septic tank system and
connected to a private water system in order to provide temporary water and sanitary
sewer service for LAND.
(c) It is probable that, at some future date, sewer and water mains and related
facilities will be installed in an easement or public right -of -way, adjacent to
LAND, by special assessment proceedings or other means.
(d) OWNERS, as a condition of approval of Architecture and Site Application No.
S- 84 -40A, and in order to permit development consistent with public health, safety
and welfare, are required to connect to said water main and server main when
installed.
THEREFORE, the parties agree as follows:
1. Permission to Utilize Septic Tank System: TOWN hereby grants OWNERS
permission to utilize said private water system and said septic tank system to
provide temnorary water and sanitary service to LAND.
2. Future Payment of Share of Sewer and Water System Extension Costs: OWNERS
shall participate in the cost of construction of a permanent water system and sewer
system to serve LAND in one of the following manners:
A. In the event TOWN shall, within 20 years of the date of this Agreement,
institute special assessment proceedings for installation of said water or sewer
system, OWNERS shall consent thereto, shall not protest said proceedings, and shall
pay their share of the cost thereof assessed to their property.
op
B. In the event said water or sewer systems are installed within twenty (20)
years of the date of this Agreement without special assessment proceedings, after
installation and acceptance by TOWN, and within ninety (90) days of receiving a
statement therefor from the TOWN, the OWNERS shall pay their share of the cost
thereof. The OWNERS' share shall bear the same proportional ratio of the entire
cost of extending the water or sewer facilities as the number of building sites on
OWNERS' property bears to the total number of building sites served by the
extension.
C. The OWNERS shall abandon the septic tank system and their connection to the
private water system at their own cost and connect to the permanent sewer main and
water system within ninety (90) days after notice from TOWN that permanent
facilities are available.
3. This Agreement shall not prevent challenge of the assessment formula by the
OWNERS or their successors in interest.
4. This Agreement shall be recorded, shall run with the LAND and shall bind
the OWNERS and their successors in interest.
IN WITNESS WHEREOF, the parties have executed this Agreement, in duplicate,
the day of �, 1985,
TOWN OF LOS GATOS
MAYOR --=
ATTEST:
APPROVED AS TO FORM:
D
DTTED
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DATM-
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(ENOl /CYPRE)
I
All that real property situate in the Town of Los Gatos, County of Santa
Clara, State of California, described as follows:
Beginning at a spike in a clump of trees at the Northeasterly
corner of that certain 12 acre tract of land described in the
Deed from Lillian Morris to Lillian Morris and Vere C. Morris,
her husband, dated October 4, 1950 and recorded October 9, 1950
in Book 2070 of Official records, page 139, Santa Clara County
Records; thence along the Easterly boundary of said 12 acre tract
of land S. 34° 341E. 79.86 feet; thence S. 9` 45'E. 186.12 feet;
and thence S. 2" 30' W. 53.23 feet to an iron pipe; thence
leaving the Easterly boundary of said 12 acre tract of land and
running parallel with the North line thereof, West 307.93 feet to
an iron pipe; thence at right angles North 302.23 feet to an iron
pipe set on the North line of said 12 acre tract of land; thence
along the North line of said 12 acre tract of land East 233.20
feet to the point of beginning, being a portion of Lot 3 and the
Southeast one - quarter of the Southeast one - quarter of Section 22,
Township 8 South, Range 1 West, Mount Diablo Base and Meridian,
and containing 2 acres of land, more or less, as surveyed January
1955 by Raymond W. Fisher, Registered Civil Engineer,'SAn Jose,,
California.
Property Address:
(ENGO1 /CYPRESS)
RESOLUTION NO. 1985 -167
RESOLUTION AUTHORIZING AGREEMENT WITH RUTH AND GOING, INC.
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, AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND RUTH AND GOIM , INC. FOR
PROFESSIONAL ENGINEERING SERVICES IN CONNECTION WITH LOS GATOS BOULEVARD
IMPROVEMENTS, 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 November 1985 by the
followinn vote:
AYES: COUNCIL MEMBERS Joanne Benjamin, Eric D. Carlson, Thomas J.
Ferrito, Brent N. Ventura, and Mayor Terrence J. Daily
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
SIGNED:
ATTEST:
RE K 1OWN OF .cos
Agreement Between The Town of Los Gatos and
Ruth and Going, Inc.
For Professional Engineering Services
In Connection With Los Gatos Boulevard Improvements
T: JN CLERK
X35.026
AGREEMENT, dated for convenience �d -� 2 /J�5 , between
the Town of Los Gatos, (hereinafter "town"), an Rut as �Gcing, Inc.,
(hereinafter "Engineer "):
Witnesseth CID PY
Recitals
A. Town proposes to undertake 1) the design and construction of repairs
to the existing pavement on Los Gatos Boulevard between Shannon Road and Lark
Avenue; 2) the analysis of traffic operations within the Los Gatos Boulevard
Corridor between Saratoga Avenue and Lark Avenue; 3) the design and
construction of modifications to traffic control elements (signals, signs,
striping and islands) between Saratoga Avenue and Lark Avenue.
B. Town desires to secure professional engineering services necessary
for design and construction of said project, and Engineer represents that
Engineer possesses the unique, expert and professional qualifications, and
expertise to provide such engineering services.
NOW, THEREFORE, for and in consideration of their mutual promises and
subject to the terms, provisions and conditions hereinafter set forth, the
parties hereto do hereby agree as follows:
ARTICLE I. ENGINEER'S SERVICES
Engineer, at Engineer's sole cost and expense, and to the reasonable
satisfaction of Town shall perform the services described in this Agreement.
ITEM A. Design Surveys
Engineer shall perform necessary field surveys to establish a horizontal
control line (100' stationing) on Los Gatos Boulevard from Shannon Road to
Lark Avenue. The control line shall appear in the field and on screened
aerial photographic (1 " =20') strips placed on standard (24" x 3611) mylar
sheets. Engineer shall also perform field surveys to tie the failed pavement
areas to horizontal control line. Engineer shall also prepare screened aerial
photographic strips (1 " =20' based on record data) on standard mylar sheets for
Los Gatos Boulevard between Saratoga Avenue and Shannon Road.
ITEM B. Pavement Reconstruction Design
Engineer shall prepare plans for the construction of pavement
reconstruction based on a report prepared for Town by Curtis /Herriman
Engineering Consultants. Said plans shall show in detail, for construction
purposes, the scope, details and measurements of the work to be performed and
shall indicate and show such other engineering or design details which Town
deems necessary for construction of the project. Engineer shall prepare
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special provisions of the project based on State Standard Specifications and
Standard Plan Details, said specifications shall include all provisions
necessary to correctly define and control the construction work to be
performed and shall include, but not be limited to, updated schedule setting
forth the sequence in which the construction work shall proceed. Engineer
shall prepare a construction cost estimate for the work shown on the plans and
specified in the special provisions.
Final submittal one set of reproducible originals of plans and special
provisions ready for approval and signatures by Town staff.
ITEM C. Systems Anaylsis
Engineer shall conduct a systems analysis study of the traffic facilities
within the Los Gatos Boulevard Corridor between Saratoga Avenue and Lark
Avenue. The results of the study shall be presented in a report, with
conceptual plans, consisting of recommendations for channelization and signal
modification improvements, signal phasing, interconnect, timing, phasing and
time delay and travel time analysis, bike lane disposition, and parking
restriction recommendations. The Engineer shall be present when the findings
of the study are presented to the Town Council for their adoption.
ITEM D. Systems Design
Engineer shall prepare plans for the construction of traffic systems
modifications adopted by the Town Council at the conclusion of the systems
analysis study phase of this project. Said plans shall show in detail, for
construction purposes, the scope, details and measurements of the work to be
performed and shall indicate and show such other engineering or design details
which Town deems necessary for construction of the project. Engineer shall
prepare special provisions of the project based on State Standard
Specifications and Standard Plan Details, said specifications shall include
provisions necessary to correctly define scope of the construction work to be
performed and shall include, but not be limited to, updated schedule setting
forth the sequence in which the construction work shall proceed. Engineer
shall prepare a construction cost estimate for the work shown on the plans and
specified in the special provisions. The plans, special provisions, and cost
estimate shall be incorporated with the material prepared in Article I, Item
B, so as to form a single bid package for advertizing by Town.
ITEM E. Construction Support
Engineer shall respond to Town to inquiries made, regarding the project
during the advertising of the project for bids. Such response shall be in
writing in the form of a letter or addendum to the construction documents.
Engineer shall also assist Town in the evaluation of bids received for the
construction of the project.
After the Town's award of the construction contract to a licensed
contractor (hereinafter called "Contractor ") , the Engineer shall provide the
following engineering services during construction of the project:
1) Conduct a preconstruction conference.
2) Observe the Contractor's operation for general compliance with the
contract documents.
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3) Sample and test materials used in the project for conformance to the
contract documents.
4) Attend turn on of modified signal systems.
5) Administer the construction contract on behalf of Town.
Administration shall include review of Contractor's submittals
required by the specifications, preparing and recommending payment of
monthly progress payment; preparing contract change orders,
monitoring Contractor's progress, and maintaining communications
between Town and Contractor.
6) Conduct a project acceptance walk- through with Town and Contractor.
7) Prepare "record drawings" of the completed project.
ARTICLE II. SCHEDULE
A. Upon execution of this Agreement, and after receipt of a Notice to
Proceed, Engineer shall commence with the performance of service as specified
below:
1) Design Survey and Pavement Repair, as defined in Items A and B of
Article I, shall be completed with 40 calendar days after Notice to
Proceed has been issued to the Engineer for its phases of work.
2) System Analysis Study, as defined in Item C of Article I, shall be
completed within 50 calendar days after Notice to Proceed has been
issued for this phase of work.
3) Systems Design, as defined in Item D of Article I, shall be completed
within 25 calendar days after Notice to Proceed has been issued for
this phase of work.
4) Construction Support, as defined in Item E of Article I, shall be
provided "as needed" after Notice to Proceed has been issued for this
phase of work, and shall be completed upon Town's acceptance of
"record drawings ".
The above services shall be completed by the completion dates respectively
stated above unless said completion dates are extended in writing by the Towns
Engineer.
Engineer will be granted time extension for performance in the event that
time schedules cannot be met for delays beyond its reasonable control,
including but not limited to delays in performance by reason of strikes,
lockouts, acts of God, or delays caused by failure of the Town to furnish
information or to promptly review Engineers work.
B. Engineer shall obtain, and keep in full force and effect, worker's
compensation insurance necessary in connection with the performance of this
Agreement to protect himself and its employees under the Worker's Compensation
Insurance and Safety Act. Within thirty (30) days after the execution of this
Agreement, Engineer shall file with Town Clerk, through the Town Engineer, a
certificate of such insurance issued by an insurance company qualified to do
business in the State of California.
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ARTICLE III. DUTIES OF TOWN
A. Subject to the provisions of Article I, Town shall, upon request of
Engineer, furnish design criteria, including the Los Gatos Boulevard Pavement
Rehabilitation Study.
B. Town shall to the best of its ability, upon request of Engineer, make
available to Engineer, such non - confidential project design data, survey
notes, sewer plans, traffic studies and reports, and other project - related
data which has been compiled for or relates to the project and which Town may
lawfully release.
C. Whenever any item of service set forth in Article I hereof is
completed by Engineer and submitted to Town for approval, Town shall review
the item and, if satisfactory, shall approve the same. If unsatisfactory,
Town shall inform Engineer in writing of the changes or revisions necessary to
acquire Town's approval.
D. Town shall obtain necessary rights of entry to enable Engineer to
enter upon public and private property, as required, in the performance of its
services under this Agreement.
E. Town shall provide environmental impact clearance, if required, for
the project.
F. Town shall do all work related to advertising, opening bids, award,
and execution of contract.
G. Town shall review for approval all contract changes orders.
ARTICLE IV. MISCELLANEOUS PROVISIONS
A. Independent Contractor - It is understood and agreed by and between
the parties ereto t at Engineer, in the performance of this Agreement, shall
act as and be an independent contractor and not an agent or employee of Town,
that as an independent contractor Engineer, its agents or employees shall
obtain no rights to retirement benefits or any other benefits which accrue to
Town employees, and Engineer hereby expressly waives any claims it or its
agents or employees may have to such rights.
B. Written Amendments - Town may, from time to time, request changes in
the scope of the services of Engineer to be performed hereunder. Such
changes, including any increase or decrease in the amount of Engineer's
compensation, which are mutually agreed upon by and between Town and Engineer,
shall be incorporated in written amendments to this Agreement.
C. Personnel - Engineer represents that it has or will secure, at its
own expense aT7 personnel required in performing the services under this
Agreement. Such personnel shall not be employees of or have any contractual
relationship with Town.
All of the services required hereunder will be performed by Engineer or
under its supervision, and all personnel engaged in the work shall be fully
qualified and shall be authorized or permitted under State and local law to
perform such services.
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D. Assignment - Engineer shall not assign any interest in this
Agreement, and s —Hall not transfer any interest in the same (whether by
assignment or novation), without the prior written consent of Town thereto;
provided, however, that claims for money due or to become due Engineer from
Town under this Agreement may be assigned to a bank, trust company, or other
financial institution without such approval. Notice of any such assignment or
transfer shall be furnished promptly to the Town.
E. Approval of Consultants - Town shall have the right to approve the
engineering, architectural a-n-dTor any other consultants retained by Engineer
in connection with the performance of Engineer's services and duties under
this Agreement, and such consultants must be approved by the Town Engineer
before they are retained by the Engineer. It is understood and agreed by and
between the parties hereto that such right of approval shall in no way lessen,
limit or otherwise affect the duties or obligations of Engineer hereunder, or
the services to be performed by Engineer hereunder.
Any work or services subcontracted hereunder shall be specified by written
contract or Agreement and shall be subject to each provision of this Agreement.
F. Audit of Engineer's Records - The books, papers, records and
accounts, o -Engineer, structural, mechanical and electrical engineers, or of
any other consultants retained by Engineer, insofar as they relate to charges
for services, or are in any way connected with the work herein contemplated,
shall be open at all reasonable times to inspection and audit by the agents
and authorized representatives of Town. Said records shall be retained for a
minimum of three (3) years after completion of services.
G. Written Notice - All reports and documents which Engineer is required
to furnis iT o Town and any other writing which Engineer desires to give to
Town shall be delivered to Town by delivering them to the Town Engineer, in
person or by depositing them in the United States mail, postage prepaid,
addressed to: Town Engineer, Town of Los Gatos, Civic Center, PO Box 949, Los
Gatos, California 95031.
Any notices or other writings which Town desires or is required to give or
furnish to Engineer under this Agreement may be delivered by delivering same
to Engineer in person or by depositing same in the United States mail, postage
prepared address to:
Ruth and Going, Inc.
PO Box 26430
San Jose, CA 95159
The effective date of such written notice shall be the date of personal
delivery of such notice or the date of deposit of the same in the United
States mail. The address to which any notice or other writing may be
delivered may be changed upon written notice by such party as above provided.
H. Ownershi of Documents - All documents prepared by Engineer and
required to e urnis ei�to Town, including but, not limited to the corridor
analysis report, the final plans, reproducible final plans, and the detailed
specifications and other contract documents, shall be the property of Town.
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In the event the Town desires to reuse the plans, specifications or other
contract documents in total or in part on this or any other site, or if the
Tom desires to complete any uncompleted portion of the projects, Engineer
shall be relieved of all responsibility for the construction resulting from
such reuse unless the Town enters into an agreement with Engineer for services
in connection therewith. Engineer shall not be entitled to any fees for such
use of plans, specifications or other contract documents, unless the Town
enters into an agreement with the Engineer for services in connection
therewith.
I. Indemnification and Insurance - Engineer is skilled in the
professional calling necessary to the services and duties agreed to be
performed by Engineer, and Town relies upon the skills and knowledge of
Engineer. Engineer shall perform such services and duties in conformance to
and consistent with the standards generally recognized as being employed by
professionals in the State of California. Engineer agrees to indemnify and
hold harmless the Town, its officers, agents and employees, from and against
any and all liability, claims, suits, loss, damages, costs and expenses
arising out of or resulting from any negligent acts, errors or omissions of
Engineer, its officers, employees, agents or subcontractors in the performance
of their services under this contract.
Engineer, at its sole cost and expense and for the full term of this
Agreement or any renewal thereof, shall obtain and maintain at least all of
the following minimum insurance requirements prior to commencing any work or
receiving payments therefore under this contract:
1. COMPREHENSIVE GENERAL LIABILITY with minimum limits not less than
$1,000,000 combined single limit for bodily injury and property
damage providing the following coverages: (without deductibles):
a. Premises Operations
b. Independent Contractors
C. Blanket Contractual
d. Completed Operations
2. A COMPREHENSIVE BUSINESS AUTO policy with a minimum limit of not less
than $500,000 combined single limit for bodily injury and property
damage, providing at least all of the following coverages (without
deductibles):
a. Coverages shall be applicable to any and all leased, owned,
hired, or non -owned vehicles used in pursuit of any of the
activities associated with this contract.
3. WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY policy written in
accordance with the laws of the State of California and providing
coverage for any and all employees of Engineer:
a. This policy shall provide coverage for Worker's Compensation
(Coverage A).
b. This policy shall provide coverage for $100,000 Employers'
Liability (Coverage B).
4. A PROFESSIONAL LIABILITY ERRORS AND OMISSIONS policy in an amount not
less than $1,000,000 aggregate.
a. A deductible or self - insured retention is permissible on this
policy. However, it shall not exceed $25,000 per occurrence.
b. This policy shall provide for a contractual liability
endorsement describing the contract(s) between the named insured
and the Town.
C. Any and all subcontractors of the contractor providing services
of a professional nature shall be added to this policy as
additional insureds or provide similar evidence of their own
professional liability insurance to Town.
S. ENDORSEMENTS: All of the following endorsements are required to be
made a part of each of the above required policies as stipulated
below: (For the Excess Liability policy only, identify on the
Certificate of Insurance as "Following form ").
a. "The Town of Los Gatos, its employees, officers, and agents are
hereby added as additional insureds for general liability and
auto coverages."
b. "This insurance will act for each insured and additional insured
as though a separate policy had been written for each. This,
however, will not act to increase the limit of liability of the
insuring company."
C. Thirty (30) days prior written notice shall be given to Town of
Los Gatos in the event of cancellation of this policy for
whatever reason.
d. Written notice shall be given Town of Los Gatos within ten (10)
days after reduction in coverage, or non - renewal of this policy
for whatever reason.
e. Endorsements c and d listed above are the only of the above four
en orsements required to be made a part of the Workers
Compensation and Employers' Liability policy and the
Professional Liability Policy.
6. PROOF OF COVERAGE: Copies of all the required ENDORSEMENTS shall be
attached to the CERTIFICATE OF INSURANCE which ss a]—hTe prprovided by
the Engineer's insurance company as evidence of the stipulated
coverages. This Proof of Insurance shall then be mailed to:
Town of Los Gatos
Town Engineer
PO Box 949
Los Gatos, CA 95031
In addition to the above indemnification, Engineer shall correct, at its
expense, all errors which may be disclosed during the review of the plans.
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J. Compliance - Engineer shall comply with applicable laws, ordinances
and regulations of the Federal, State and Local governments, and Engineer
shall defend, indemnify and hold harmless Town, its officers, agents and
employees with respect to any claims or liability arising from or based on the
violation of any such law, ordinance, or regulation in accordance with
Engineer's standard of care noted in Item I of this Article IV.
K. Safety of Persons on Construction Site - Town agrees to secure from
all contractors an su contractors wor ing Tirectly or indirectly on the
project, prior to commencement of work of any kind, a separate policy of
insurance covering public liability, death and property damage naming Town and
Engineer, and their employees and agents as insured, and Town shall require
such contractors and subcontractors to maintain such insurance in effect and
bear all costs for the same until the completion or acceptance of the work.
Certificates of said insurance shall be delivered to Town and Engineer as
evidence of compliance with this provisions.
L. Assigns and Successors - This Agreement is to be binding on the rs
heirs, successo, and assigns of the parties hereto, and shall not be
assigned by either party without first obtaining the written consent of the
other.
M. Term - The term of this Agreement shall be from date of approval to
the completion of the project to the satisfaction of Town, unless terminated
earlier pursuant to Article VII.
N. California Law to Govern - It is understood and agreed by and between
the parties hereto tat t is Agreement shall be deemed and construed to be
entered into and to be performed in the County of Santa Clara, State of
California and it is further understood and agreed by and between the parties
hereto that the law of the State of California shall govern the rights,
obligations, duties and liability of the parties to this Agreement and also
govern the interpretation of this Agreement.
0. Payment for Labor and Materials - Engineer shall promptly pay when
due any an all amounts paya le NTT labor and materials furnished in the
performance of this Agreement so as to prevent or make unnecessary the filing
of any claim for lien or notice to withhold, and shall promptly pay all
amounts due under the unemployment insurance act with respect to such work or
labor.
P. Waiver - Engineer agrees that waiver by Town of any one or more of
the conditions of performance under this Agreement shall not be construed as
waivers of any other condition of performance under this Agreement.
Q. Confidentiality - All data, documents, discussions or other
information eve eloped or received by or for Engineer in the performance of
this Agreement are confidential and not to be disclosed to any person except
as authorized by the Town Engineer or his designee, or as required by law.
ARTICLE V. ENGINEER'S FEE
Town agrees to pay Engineer, for and in consideration of the faithful
performance of all the services and duties set forth in this Agreement, and
agreed to be performed by Engineer, and Engineer agrees to accept from Town as
and for full compensation for the faithful performance of all said services
and duties an amount of money, hereinafter referred to as "Engineer's Fee ",
which shall be determined in the manner set forth in the following paragraphs
of this Article.
Engineer's fee shall be a total sum of money determined as follows, except
that the total fees shall not exceed the maximum amounts set forth in Article
VI without an amendment to this Agreement.
A. Direct Personnel Charges - The fee for services and duties specified
in this Agreement an per orme y Engineer's employees shall be determined by
multiplying the number of hours expended by the hourly rates of the attached
fee schedule (hereinafter "Charge Rate Schedule "). The rate schedule is
attached hereto as Exhibit "A", incorporated herein by reference.
The Charge Rate Schedule for any work under Article I and which has been
authorized and cannot reasonably by completed prior to July 1, 1986, shall
annually on July I be increased proportionately to the increase in the labor
costs set forth in the contract between Bay Counties Civil Engineers and Land
Surveyors Association and Operating Engineers Unions of the local area. The
maximum increases in compensation shall not exceed 11% per year for services
covered by this Agreement.
B. Direct Ex enses - Except as stated below for direct expenses the
Engineer's ee s all Include an amount determined by multiplying actual costs
by a factor of 1.25. Invoices shall list each item separately, together with
its corresponding cost. Direct expenses include rental of special equipment,
reproductions and blueprinting, aerial photography, outside data processing
and computer services, but direct expenses for sub - consultants shall be actual
cost multiplied by a factor of 1.10.
Said Engineer's fee shall be full compensation to Engineer (for all costs
to Engineer) of said services and duties herein agreed to be performed by
Engineer, and all costs and expenses incurred by Engineer in connection with
the performance of said duties and services, including but not limited to,
cost of supplies, facilities and equipment, cost of labor and services of
employees, engineers and consultants engaged by Engineer, traveling expenses,
telephone costs, typing, duplicating and all items of general overhead.
ARTICLE VI. FEE COMPENSATION
Maximum fees shall be determined as follows:
1. The maximum fee for services specified under Item A, Design Surveys,
of Article I shall be $11,500
2. The maximum fee for services under Item B, Pavement Reconstruction
Design, of Article I shall be $23,500.
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3. The maximum fee for services under Item C, Systems Analysis, of
Article I shall be $16,500.
4. The maximum fee for services specified under Item D, Systems Design,
of Article I shall be set at the time Town adopts the design
recommendations contained in the study report prepared under Item C
of Article I. It is expected the maximum fee for this work will be
$20,000.
S. The fee for services under Item E, Construction Support of Article I
shall be paid in accordance with the provisions of Article V for work
requested by Town. The extent of services to be requested by Town is
not known at this time. It is expected the maximum fee for work in
Item E, Article I will be $47,000.
The above maximum fees are subject to negotiation for any work remaining
after January 1, 1987, for delays not the fault of the Engineer.
Subject to the limitations hereinabove set forth in this Article as to the
maximum amount of the Engineer's fee, said Engineer's fee shall be paid as
follows:
Engineer shall submit to Town an itemized statement of work completed
during the preceding month. The amount due under such statement shall be
due and payable within thirty (30) days after its submission if Town finds
the bills correct and if the services described therein have been
performed pursuant to the terms of this Agreement. Said progress billings
shall, subject to the maximum fee for the particular services involved as
set forth above, be based on the direct personnel charges and the direct
expenses incurred during the month for which the billing is made.
ARTICLE VII. CANCELLATION OF AGRERIENT OR SUSPENSION OF WORK
Town may cancel this Agreement at any time, upon five (5) days written
notice to Engineer, and Engineer agrees to cease all work under this Agreement
not later than the effective date of such notice.
In the event of cancellation of this Agreement by Town, Engineer shall
receive as full compensation for all services and duties performed by Engineer
and for all costs incurred in connection therewith not later than thirty (30)
days after date of cancellation a sum of money to be determined as follows:
1. Engineer shall be entitled to retain any payments which may have been
made to Engineer under the provisions of Article VI hereof prior to said
cancellation.
2. For work on items of service on which a proceed order has been issued
by Town but which have not been fully completed and approved and for which
payment is not yet due, Engineer will be paid, provided the work actually
rendered is to Town's satisfaction and is approved by Town, an amount of money
based on direct personnel charges and direct expenses due for work done as of
the time of such cancellation, provided, however, that in no event shall the
amount to be paid under the forgoing provisions of this paragraph exceed the
amount which would be paid Engineer under the provisions of Article V and
Article VI hereof for the full performance of the particular item of service.
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The Engineer shall, upon cancellation of this Agreement pursuant to this
Article, submit to Town any of the work completed or partially completed as
specified in Article I of the Agreement.
ARTICLE VIII. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties with
respect to the subject matter herein. There are no representations,
agreements, arrangements, or understandings (whether oral or written) between
or among the parties relating to the subject matter of this Agreement which
are not fully expressed herein. This Agreement may not be amended except
pursuant to a written instrument signed by all parties.
WITNESS THE EXECUTION HEREOF the day and year first hereinabove written.
APPROVED AS TO FORM:
By -/ /gyp'' —
Town Att y
ATTEST
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TOWN OF LOS GATOS
By
Town Mayor
"Town"
BY
Title: Vic( President,
Civil Engineering
"Engineer"
Ruth and Going, Inc.
Address:PO Box 26430
San Jose, CA 9S1 S9
Telephone: (408) 297 -8273
Ruth and Going, Inc.
EXHIBIT "A"
Effective through July 31, 1986
Job Classification /Function
Clerical /Word Processing
Junior Drafter
Drafter
Senior Drafter
Junior Engineering Technician
Engineering Technician
Senior Engineering Technician
Junior Engineer
Assistant Engineer
Associate Engineer
Senior Engineer
Construction Coordinator
Senior Surveyor
Manager of Field and Survey Operations
Principal Engineer
2- Person Field Party
3- Person Field Party
Court Testimony
Hourly Rate
$35.25
26.25
32.50
36.75
36.75
44.25
54.25
44.25
54.25
64.25
73.75
73.75
73.75
73.75
93.25
114.00
140.00
89.50 to 158.00
(Field Rates include personnel, vehicle and normal field
equipment, stakes and materials)
Expenses
Reproduction, communications and other expenses are billed at
cost x 1.25.
Consultant's charges are billed at cost x 1.10
Computer Services and Data Processing are billed at $0.50 per
CPU (Central Processing Unit) second.
Electronic Distance Measuring Equipment is billed at $25 per
hour of use.
Court Testimony is billed at a minimum of 8 hours per day.
E -12
Architecture
Engineering
Planning
Harry N. Lalor_ C.E
Prss dent
Donald Landberg. C. E.
Sr. Vice President
E Jack Chuetensen, AA
V . A,chrecC,e
Gerald De young, AICP
V . Panning
Bruce M_ McCrsh_ C E.
VP. Ci v Englneanog
Roger Redig, S.E_ CE
VP Structura! Engineenng
Michael D. Moo i. CE.
Albert W. Ostofi. A;A
Henry L Reynaud. LLS
Poe L. Shaffer LLS
Founders
E Jackson Gorog.Jr. CE
Leo W Ruff - Jr., C ., M.E.
919 The Alameda
San Jose. CA 95126
(408) 297 -8273
Mailing Address.
P.O. Box 26430
San Jose
CA 95159 -6430