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2002-037- Authorizing The Town Manager -Executive Director To Execute An Amendment To The Agreement With Nichlos Consulting Engineers For Professional Services In Conjunction WithRESOLUTION 2002 - 37 RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY OF THE TOWN OF .LOS GATOS AUTHORIZING THE TOWN MANAGER/EXECUTIVE DIRECTOR TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH NICHOLS CONSULTING ENGINEERS FOR PROFESSIONAL SERVICES IN CONJUNCTION WITH THE STREET REPAIR AND RESURFACING PROJECT WHEREAS, on March 5, 2001, the Town of Los Gatos entered into an agreement with Nichols Consulting Engineers, to perform design engineering services at a cost not to exceed $275,000 in connection with the Street Resurfacing Project in the Town of Los Gatos. WHEREAS, an Amendment to the Agreement is necessary to include construction management work performed by this firm last year and engineering services that would be needed during the remaining portion of the prof ect construction which was not included in the original contract. for the street resurfacing program. NOW THEREFORE BE IT RESOLVED, by the Town Council/ Redevelopment Agency of the Town of Los Gatos, County of Santa Clara, State of California, that the Town of Los Gatos enter .into a second Amendment to the Agreement (Exhibit A) for additional consulting services, and that the Town Manager/Executive Director is authorized, and is hereby directed, to execute a second Amendment to the Agreement. - - PASSED AND ADOPTED at a regular meeting of the Town Council/Redevelopment Agency of the Town of Los Gatos, California, held on the 1st day of April, 2002 by the following vote: COUNCIL MEMBERS: AYES: Steven Blanton, Sandy Decker, Steve Glickman, Joe Pirzynski, Mayor Randy Attaway NAYS: None ABSENT: None ABSTAIN: None ENT AGENCY OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA SIGNED: MAYOR/CHAIR OF THE RED ELOPM ATTEST: CLERK/SECRETARY OF THE ELOPMENT AGENCY OF THE TOWN OF Lt~S GATOS LOS GATOS, CALIFORNIA .,~ ~'I~.E OF °i'HE TOwN CLF.Itk MGR ~ ,~ , O iHH ~JRD f`~C ,l,,w~, ~ ~) c~,2 AMENDMENT TO AGREEMENT This SECOND AMENDMENT TO AGREEMENT is entered into this 1 S` day of April, 2002,. by and between the Town of Los Gatos, State of California, herein called "Town," and Nichols Consulting Engineers, herein called "Consultant;" RECITALS A. Town and Nichols Consulting Engineers entered into an agreement .for engineering consultant services on March 5, 200'1 ("Agreement"), a copy of which is attached hereto as Attachment 2 and incorporated .herein by reference. B. Consultant will provide construction management work previously performed by this firm under the terms of the Agreement and engineering services that would be needed .during the remaining portion of the project construction which was not :included in the original contract for the street resurfacing program. AMENDMENT 1. The Agreement is :hereby amended to provide :additional work and staff time for this project in accordance with (Attachment 3) to this Amendment, attached hereto and incorporated herein by this reference. 2. All other terms and conditions of the Agreement dated March 5, 2001 remain in fixll force and effect. IN WITNESS WHEREOF., the Town and Nichols Consulting Engineers have executed this Agreement as of the date indicated on page one (1 j. by: Nichols Consulting Engineers Town of Los Gatos, by: Debra J. Figone, (Signature) Town Manager Recommended by: John E. Curtis Director of Parks and Public Works (Print Name) Approved as to Form: ATTEST: Orry P. Korb, Town Attorney Clerk of the Town of Los Gatos, in--to-~uu Wta 0801 A { l3~5~A431 ,~ P, 01 ,'~ OFF'ZCE OF THE TOWN CLERK :AGR~- ~(?~6 AGREEMENT FOR t~yn, lJlvGily ERI~NG CONSCJLTA ~ ~ • ~~ 0~ -~. x_.r, ~,~I 7 ~a i TH:TS AGREEMENT' is entered into this _ REC between the Town of Los Gatos, State of California,. h of n called the ' To un,2a0n ' be 1 nd Consultyng F,ngineers, Chtd,, engaged in providing Civil Engineering cvnsultin se ~ o• q ~ called the "Consultant", g rvices h~re~n 1ZECI'Z' 1 C ,A. The Town is consideiyng undertaking activities to .develop and implement its 2001 Strdct Resurfacing Program. ~• The Town desires to engage a Civil Engineering Consultant to rovide consul ' in conjunction with the design and construction of the Towns 2001 Strcct R surf' wing Program, because of Consultant's experience and qualifications to perfornz the desired work. C- Tlic Consultant represents and affirms that it is gualificd and willing to perform the desired work pursuant to this Agreement. A ' ~ ~' ENTS 1V~OW, THEREFORE, TILE PARTIES HERETO AGREE AS F'O~,LOWS: 1. Sco a of Service. The Consultant shall provide the following services listed below. High level civil engineering work associated with the Town's 2001 Street Resurfacing Program performed on a project specific basis when so requested by the 'T'own. Tn general the Scope of Services shall be as described in Exhibit A attached hereto and incorporated herein by reference. For each project specific request, the Town and Consultant shall agree in writing to the specific scope of services to be rendered. A separate Notice to Proceed and Town Purchase .Order will be issued to Consultant for each specific project, 2~ Time ofPerformance In performance ofthisA essence and the services to be rendered by the Consultant sh 1 be perfonrmcd within~he t me frame specified .for each speclfia project. The Consultant and Town in advance pf the issuance oFa Notice to proceed for cacti specific project shall agree in writingto the schedule for each specific project. Any deviations front lase agreed to schedule hall be agreed a on between the Town and .Consultant. Notwithstanding, all work under this Agreement shall be completed by June 30, 2002.. keviscd; Novom6url3, 2000 Page 1 of 7 N'~~4E1CONTRAG`11NC7tiALTmt.wpd Attachment 2 cwi wcu ud; u~ t~11 IUWN Uh Los GATOS FAX N0, 408348431 .--, P, 02 3' ~ncc with Laws. The Consultant shall comply with all applicable laws, codes ordinances, and regulations of govcming federal,state and local laws, Consultant represents and warra<ts to Town that it has. ~ licenses,. permits, qualifications and approvals of whatsoever nature which arc legally required for Consultant to practice its rofe ' Consultant represents and warrants to Town that Consultant shall, at its sole c sslon. expense, keep in effect or obtain at all times during the term of this Agreement an 1lcens 5~ 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 Cha ter 14 oC he Code of the Town of Los Gatos. P 4• iiit ,Consultant shall be responsible for employing or engaging all persons accessary ro perform the se1•viccs under .this Agreement. 5• :~1>~4.~matiQn/Report H'anrllinn• All .documents fu171ished to Consultant by the Townand all reports and supportive data preparersby the ConsultantunderthisAgmomentnrc the Town's property and hall be dcliveced to the Town .upon the colnplction of Consultant's crviees or at the Town's written request. All reports, information, data, and exhibits re are .assembled by Consultant in .connection with the performance of its sclviccs pursuant todthis Agreement are confidential until released by the Town to the public, and the Consultant .s not make. any of the these documents or inforrnatiou available o any individual olr organzationnotemployed bythe Consultant or the Town without the written consent of the Town before such 1~clzase. The Town acknowledges that the reports to be prepared b the Consultant pursuant to this Agreement a!•e for the purpose of evaluating a defined ro and Town's use of the information contained in the reports prepared by the Consupltant its connection with other projects shall be solely at Town's risk, unless Consultant ex ressln 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 Consultantto be a trade secret of Consultant. 6• Com ration. Compensation for Consultant's professional services performed under this Agreement shall not excecdTwo-Hundred-Seventy-1~ivc-Thousand dollars ($275,000), and payment shah be based upon Town approval of each specific project. for each pz'oject specs tic request, the Town and Consultant shall agree rn venting to a "not to exceed" fee for the specific project, Billingshall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specs hcations, documents or other rtinont materials shall be submitted for Town review, even if only in partial or draft form Billie shall be based on all labor and direct expensa charges made for work lxrfvnncd on the specific project(s), Payment shall be net thirty (30) days. Roviccd: Novoml~eas.2ooo Pagc 2 of 7 N~IBJ~EICONTRACTWCGA~rmtw~! MAY-16 2001 WED 0802 AM TOWN OF LOS GATOS FAX N0. 4083548431 P, 03 ,. (_ ' ~ ~~ r--~ Unless otherwise agreed to in writing for each specific project, the labor chat~gos shall be in accordance with the Fce Schedule hcrea fter refeircd to as Exhibit B, as may be amended, and .incorporated lielein by reference. All invoices and statements to the Town shall reference the Town's purchase order numbor and be addressed as follows: Invoices; Town of Los Gatos Attn: Accounts Payable l?.O. ]3ox 655 Los C.ratos, CA 9.5031 Statements: Town of Los Gatos Attn; Finance Dcpartrncnt P.O. Box 655 Los Gatos, CA 95031 7. Availability of Records. Consultantshallmamtain the records supporting this billing for not less than three{3) years fol]o'wing completion of the workunder this Agreement, Consultant shall make these records available to authorized personnel of the Town at the ConsrzItant's offices durittg business hours upon written request of the Town. 8. ~o jeet Manag,g~. The l?roject Manager for the Consultant for the work under this Agreement shall be Mary R. Erchul, P,E,. 9, Ass' ` ' Subcontractin . Tlae services to be performed under this Agreement are unique and personal to the Consultant. N'o portion of these .services shall be assigned or subcontraded without the written. consent of the Town. 10. N~li_ees. Any notice required to be given shall be deemed to be duly :and properly given if mailed postage prepaid, acrd addressedl to; To Town: To Consultant: Larry I. Perlin Director of Parks & Public Works Town of Los Gatos 1'O Box 949 Los Gatos, CA 9503.1 Mary R. Erchul, bivision Manager Nichols Consulting Engineers, Chtd. l 101 Pacific Avenue, Suite 300 Santa Cni~, CA 95060 ar personally delivered to Consultant to such address or such other .address as Consultant designates in writing to Town. 11 • lndepc,ndent 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 RGVU~J: November 13, 2000 N;1BS:CIC:Y)N7R ACIINCF,Agrmt.wpd Page 3 of 7 i in l - ~ ~-cuu i wr.u uts : U~ Hf1 1~UWN OF LOS GATOS n FAX N0. 408348431 P, 04 an agent or eml?loyec of the Town. As an independent contractor he/she shall not obtain any rights to retit~cment benefits or other benefits which accrue to Town employee(s), With rior written consent, the Consultant may perform some obligations under this Agreement b ,Subcontracting, but may not delegate ultimate responsibility for per!'ormanee or assi n ol• transfer interests under this .Agreement. K Consultant agrees to testify in any litigation brought l'egarding the subject of the work to be performed under this agreement. Consultant shall be compensated forits costs and expenses in preparing. for, traveling to, and testi tying in such matters at tts then current hourly rates of compensation, unless such litigation is brought by Consultant or is based on allegations of Consultant's negligent Performance or rwrongdoing. l 2, Ss t of ?mere t. Consultant understands that its professional Tesponsibiltles is solely to the Town. The Consultant has and shat! 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 rcpresenlatves 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 notknowngly and shall take rcasonablesteps to ensurethat it does not employ a person leaving such an interest in this petfot•tnance of this Agreement. If after employment of a person, Consultant discovers it has employed a person with a direct or Indirect interest that would conFlictwth its perl'ormat~c~ of this Agreement, Consultant shat! promptly notify Town of this employment re]ationshi;p, and hall, at the Town's sole discretion, sever any such employment relationship. 13, I?gual Emylovment nort„n;+.~ QP 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 scclang employment with them on the'basis of age, sox, 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 tv the California Fair EmpIoyrnent & Housing t1ct. 14. Insurance. A. Minimum Scope of Insurance: i, Consultant agrees to :have and maintain, for the duration of the contract, General Liability insurance policies insurins him/her aad lusher firm to ail amount not lessthan: one million dollars ($1,000,000) combined single limit per occurrence for bodily injury, petsonal injury and property damage. R+;viECd; November 13,.2000 Page 4 of 7 N;Ili,~h'1CQNT1ZACtWCEAgrmlwtxl MAY-16-2001 .WED 08,03 AM TOWN OF LOS GATOS FAX N0. 408354841 ~, ~ ~ l ~'~, ~ P, 05 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 ccrti'ficatcs of insurance, with original endorsements effectins coverage. Consultant agrees that alI certificates and endorsements are to be received and approved by tho Town before work commences. iv. Consultant agrees to .have and maintain, for the duration of the contract, professional liability insurance in amounts not Iess than $1.,000,000 whichis sufficient to insure Consultant for professional errors or omissions in the pei~fonnance of the particular scope of work under this agreement. B, General Liability; i. 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 behaaf of the Consultant; products and completed operations of Consultant, premises owned or usedby the Consultant. This requirement dots not apply to the3 professional Liability insurance .required for professional. errors and omissions. ii. Ths Consultant's .insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees and volunteers. Any insurance or self-uisurances maintained by the Town, .Its officers, officials, emplvyccs or volunteers shall be excess of the Consultant's insurance ancf 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, ernployces 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 ~equircd 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 notica by certified mail, retunt receipt requested, has been given to the Town, cullent certi Citation ofsuch inuur-ante Revised: Nuvemfxx 13, 2oc)4 Page 5 of 7 N:1B~11C0NTRAC 11N(:hA~rmcwpd MAY?16-2001 WED 08,03 AM TOWN OF LOS GATOS FAX N0, 40835484,~~ P, 06 ~, ~ ~--~ ,~-,, shall bekept on file atall times during the lerrn of this agreement with the Town Gcrk, D. Yn addition to these policies, Consultant shall have and maintain Workers' Coznpcnsation insurance as required by CaIifomia law and shall provide evidence of such ;policy to the Town before beginning services under this Agreement. rttrther, Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees. 1 S. ~ttdemni~catio,~, The Consultant shall save, keep and hold hartrilcss indemnify and defend the Town its officers, agent, employees and volunteers from all damages, liabilities, penalties, costs., or expenses in law or equity that nay 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 Consulttnt, or any of the Consultant's officers, employees, or agents or any subconsultant. 16, give . N'o failure on the part of either party to exercise any fight or remedy hereunder shall operate as a waiver of any .other right or retuedy 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. ~yemng_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. l 8, Termination of Asz*xment. The Town and the Consultant shall have the right to terminate this agreement with or without ca>lse by giving not less than fifteen (15) days written notice of termination. xn the event of termination, the Consultant shall deliver to the Town all plans, files, documents and reports pciformed to date by the Consultant. In the event of such terminatiou,'Town sha]1pay 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, unless such termination is made for cause, in which event, compensation, if aay, shall be adjusted in .light of the particular facts and circumstances involved in such termination. 19. Amc t. No modi fication, waivei•,mutudl eianination, or amendmentofthis Agreement is effective unless made in writing and signed by the Town and the Consultant. 20. 's te5. 7n any dispute over any aspect of this Agi~ccment, the rcvailin .entitled to reasonable attorney's fees, including costs of appeal, p g party shall bo 21. Entire Agreement. This Agreement, including Bxhibits A and B attached hereto, constiwtcs .the complete and exclusive statement of the Agrcctnent between the Town and Consultant, Rcvihal; November 13,?A00 Pagc 6 of 7 N:IK&h1CUNTTtAC11NCEASrmLw~C1 MRY-16-2001 WED 0803 AM TOWN OF LOS GATOS FAX N0, 408354891 p, 07 No teems, conditions, understandings or agreements purporting to modify or vary this .Agreement, unless hereafter made in writing .and signed by the party to be bound, shah be binding on either party, IN WITNESS W ~YEREOF, the Town and Consultant have executed this Agreement as of the date indicated on page one {l), Town of Los Gatos, by; llebra igone, Town Manager Approved as to form: Orry orb, Town Attorney Consultant, by: ~~~G 'gnaturc ~~r w,e s ~. / y/~`o Print Name. ~rCS~cYe~ ~" Title Attest: ~• ~ '`~ % • . ..1~, - ~ , • ,, , Clerk of the Town cl`L'.os Gatos, Los Gat/o , al' ~ _~- ' .,~ ~.. ^' • ~; ..- `a :~ <:~ Ruvi:~~: Nwwnlwr t3, zo00 Page 7 of 7 N:~DSc1s1CQN'1 kA~ ~Nf'BA~rml;wpd cuu ~ wcu ud ~ u4 ti,'I ~ uWN ur LOS GATOS ;. . . ~~ ~ FXNI~3IT A FAX 'N0, 4083548431 ~ ~ SCOPE Or SJE<JRyICF,S High level Civil Engineering services, as agreed upon between Town and Consultant, .and further derned in a project specific scope of services approved in writing. by the Town and Consultant. Tn general, the scope of services may include, but not be limited to, the fol services: Design, coordinate, acirnirristcr, and manage public works ro'ccts of a v lowing of difficulty; develop, :review, and. revise standards for the design and onstn~ctinn ofrfaca'ti se within the public right-of--way including streets, storm drains, roadway structures, pedesti!•ian facilities, traff"ac safety and control devices, prepare requests for qualifications and requests for proposals for sub-consultant work as necessary; negotiate and manage sub-consultant contracts; prepare recommendations for resolution of engineering problems considering all factors including economic feasibility; :coordinate work with other Town departments and outside agencies as necessary; .consult and/or negotiate with contractors, engineers, and the general public as directed; collect and maintain data, schedules, and records; prepare clear and concise correspondence; prepare reports and present complex projects .and issues to Town officials and the public; develop and implement public information programs .for various projects;. and .perform other related duties as directed by the Town. For each. specific project, the Consultant .and the Tovun shall agree in writing to the project specific scope of services. P, 08 ~,,,. , ~ ~u~ i wc.u u~ ~ u4 xr! 1 UWN OF LOS 'GATOS FAX N0, 40835484-~ 1 P. 10 ' . 'Nit:ho(s ~ansu(ting Engine~Chtd, ~trem~e{ ; npltrlalt Ea`ia~e~~°6 '^ NCE k'EE SC~DULE EPl'eMiive Mu'cb '1, 2001 A• Time Plus E:peaces 38surlii ~ioaNy .Rate print{Dal QC/QA Manager S 190.00 Pmt°ctManaga S 150,00 Senior fingirtcer S 130.00 protect Engineer 5 125.00 StatY'Eagfneer 5.90.00 Resident l?nglneer 5 80.00 CAl?D ~~~~ S 80.00 Tochnician S 80.00 Clerlca) Bxport Witness ~ S 60.00 . 5 G0.00 5 500.00 (4 hour minimum) Palling Weight Deflectomerer tvirh Operator (1/2 day minimum) Coring Rig 5 1,800/day NCE vehicles S I,000/day S 60/day A prcmiutn will be charged if the client's rcqulrements make overtime work necessary,. 13. Relmbursa6le Expenses Costplus l3% will be charged on alI reimbursable exposes, The following are examples of such eXptnbta but are not limited to those shown; o, Actual travel and subsistence expenses including rental vehicles incurred by employees and principals when away from the borne offee on business connected with the client's work b Actual communicatlott exP~ses, such as long dlstanCe telephone, telegraph, cable, courier, cxpresr and postage dtrectl applicable to the client's wont, y c~ Invoice costs for outside service dlrrctly applicable to the client's work, such. as r.omputcr programming, sp~i~ consultarrts, .soils testing and laboratory services, d. Actual special droftipg and atcao8saphic supply costs directl , artd expenses applicable ro adtniniatrative activities. y apphcable to the client s work, as distinguished from supplies c• Actual reproduction costa directly applicable to the client's work, such as blueprinnng, photograP~. mold-copy printing and binding.. Miscellaneous direct costs applieublo to the client's work. A new schedule of chtu•ges is issued effective March l of each year or when otherwise dicttedby inflat{oaary ptrsswps, Unless odter arrangemenrs }lave been made, charges for all work, including continuiagprojects initiated in the prior year, will be.based on the ]atost schedule of eltargea. . C• Negotiated Fee Hach Where preferable to a Time plue Expenses agreement, pots may be negotiated on err alternate basis such as lump sum, or cost plus fixed fat, I t0i PaciQc Avenue, Ste 300 ianta trot, fA 950f0 831.469.4823 831.469.4589 (vc Mini ,u-cuui WCU Utl;u4 HPt MOWN OF LOS GRTOS . ,~ ~ .,. ~ . - ,~, FRX N0, 408354843.? ~-. FXHIYiIT B SCIiEritJLE OF F~~S P, 09 For each'speci~e project, the Consultant and the Town shall .agree in writing to a "not amount and to project specific Pee ~'~gcments. to exceed'' The attached Schedule of Fees shall be used to determine each project spccifc fee s Pecs Iis#ed uicIude aft applicable State and Federal withholding, com an chedule. The workers' compensation insurance, .and other insurance as rewired, P Y overhead, benefits, Nichols Consulting Engineers, t. ~. Pavement $ Materials Engineering March 25, 2002 o~ ~ ~D h,AR 21 ~2 ~~ Kevin Rohani, Town Engineer Town of Los Gatos P.O. Box 949 Los Gatos, CA 9 031 TOWN OF LOS GA~'OS pEP~ WORKS NARKS AND'pUgL1C Subject: Agreement for Engineering Consultant Services - 2001 Street Resurfacing Program {Project No. 01-06) Dear Kevin, As a follow up to our recent discussions, I am sending this letter to request an increase of $.50,000 in the amount ofthe subject agreement dated March 6, 2001 between the Town and Nichols Consulting Engineers (NCE) that would raise the limit of the expenditure authorization under the agreement from'$275,000 to $325,000. The reason_ for this increase is to cover the :costs of design services in connection with the reconstruction of Edmund Drive, and full-time construction inspection and testing services rendered thus far on the Street Reconstruction and Pavement Overlay projects. The following table summarizes the authorized and actual expenditures under the agreement as of March 14, 2002: Task Description Task Budget Actual Expense Surface Seal Bid Package - PO #2001275 '$18,000 $18,128.09 FWD Testing &. Analysis - PO 2001274 $3:1,875 $30,852.92 Street Reconstruction Program PS&E - PO #2002005..5 $60,542 $48,329.87 Pavement Overlay Program PS&E- PO #20020054 .$118;886 $105,883.23 Street Reconstruction Program Construction Management - PO #200201'87 $45,000 $36,045.23 SUB-TOTALS. $274,303 $239,,239.34 Edmund Drive Reconstruction PS&E - PO #2D020117 $19,72'5 $15.,213.88 Pavement Overlay Program Construction Management $58,690.10 TOTALS $294,028 $313,143.32 Ii01 Pacific Avenue, Ste 300 Santa {ruz, CA 94060 831.469.4823 $31.469.4189 (ax Attdchmant ~ The original expenditure authorization of $275,000 did not anticipate either the preparation of PS&E for the reconstruction of Edmund Drive, which was ordered by the Town Council after the contractor began work on the Street Reconstruction project, or construction related services in connection with both the Street Reconstruction and Pavement Overlay projects beyond those deemed necessary to support the Town's own full-time construction inspection and testing activities. However, when the Town. .awarded both the Street Reconstruction and Pavement Overlay construction contracts last summer, it was unable to perform the full-time inspection and testing activities required of these prof ects. Thus, the Town- requested, and NCE provided these services :through the end of last year's construction season in the absence of either an approved Task Order or Purchase Order from the Town. It is now our understanding that the Town is prepared to assume the construction inspection and testing. activities. on both projects when construction resumes in the near future. It is estimated therefore that NCE's remaining work to support the Town through the completion of construction on both projects will cost approximately $10,000 to review contractor submittals, respond to inquiries from both the Town and its .contractors, .and attend periodic meetings, etc. Thus, NCE is requesting that the authorized expenditure limit of the agreement under which we are providing these services to the Town be increased by $50,000, to a new total of $325,000. If you need any additional information or documentation to further support this request, please let me know. Sincerely, Nichols Consulting .Engineers, Chtd. Mary R. Erchul Division Manager Nichols Consulting Engineers, Chtd. Pavement & Materials Engineering