2003-093 - Authorizing The Town Manager/Executive Director To Execute A Professional Services Agreement With Harris And Associates To Provide Construction Management Services For The Fy 2003-04-Street Repair And Resurfacing Project 03-52RESOLUTION 2003 - 93
RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER/EXECUTIVE DIRECTOR
TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH HARRIS AND
ASSOCIATES TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES FOR
THE FY 2003 -04 - STREET REPAIR AND RESURFACING
PROJECT 03 -52
WHEREAS, on June 2, 2003, the Town Council /Redevelopment Agency of the
Town of Los Gatos adopted its budget for the period 2003 -2008; and
WHEREAS, the budget includes funding for the Street Repair and Resurfacing
Program; and
WHEREAS, it is necessary for the Council /Redevelopment Agency to secure
construction management services to complete the Street Repair and Resurfacing Program; and
WHEREAS, the Town Council/Redevelopment Agency has selected the firm of
Harris and Associates to provide the necessary professional construction management assistance
to complete the Street Repair and Resurfacing Program.
NOW, THEREFORE, IT IS RESOLVED that the Town
Council /Redevelopment Agency of the Town of Los Gatos hereby approves the attached
Agreement (Exhibit A) for Professional Services with Harris and Associates to complete the
construction management services for the Street Repair and Resurfacing Program.
BE IT FURTHER RESOLVED that the Town Manager/Executive Director is
hereby authorized and directed to execute said agreement on behalf of the Council.
PASSED AND ADOPTED at a regular meeting of the Town
Council /Redevelopment Agency of the Town of Los Gatos held on the day of 4`" day of August,
2003, by the following vote:
COUNCIL MEMBERS
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman,
Mayor Sandy Decker.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: 'AYOR F'THE TOWN OF LOS GATOS
/CHAIR/0F THE REDEVELOPMENT AGENCY
LOS GATOS, CALIFORNIA
ATTEST:
—/-X. / +/, !" "mo
CLERK/SECRETARY OF THE REDEVELOPMENT AGENCY
OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
OFFICE OF THE TOWN CLERK
AGR
IHH
CONSTRUCTION MANAGEMENT SERVICEY
REC
RES0
THIS AGREEMENT is entered into this day of , 2002, by and
between the Town of Los Gatos, herein called "Town ", the Town of Los Gatos Redevelopment
Agency, herein called "Agency" and Harris and Associates, engaged in providing Construction
Management services herein called the "Consultant ".
RECITALS
A. The Town/Agency is considering undertaking activities to The Town/Agency is considering
undertaking activities to develop the Street Repair and Resurfacing Project,
B. The Town/Agency desires to engage a Construction Management Consultant to provide
professional services in conjunction with Project 03 -52 - Street Repair and Repair and
Resurfacing Project / FY 03 -04 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:
1. Scope of Services The Consultant shall provide construction management, inspection, and
materials testing services per (Exhibit A).
2. Time of Performance. The services of the Consultant are to commence upon the execution
of this Agreement and issuance of an Agency purchase order, with completion of the
program by June, 2004, as provided for in Consultant's proposal (attached hereto as "Exhibit
A" and incorporated by reference herein).
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/Agency 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/Agency that Consultant shall, at its sole 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.
Page 1 of 7
E R
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/Agency
and all reports and supportive data prepared by the Consultant under this Agreement are the
Town/Agency's property and shall be delivered to the Town/Agency upon the completion of
Consultant's services or at the Town/Agency'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/Agency 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/Agency without the written consent of the Town/Agency before such release. The
Town/Agency 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/Agency's use
of the information contained in the reports prepared by the Consultant in connection with
other projects shall be solely at Town/Agency's risk, unless Consultant expressly consents
to such use in writing. Town/Agency 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
$84,580.00, and payment shall be based upon Town/Agency's approval of each task.
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/Agency review, even if only in partial or draft form.
Payment shall be net thirty (30) days.
All invoices and statements to the Town/Agency shall reference the Town/Agency's purchase
order number and be addressed as follows:
INVOICES:
Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95030
STATEMENTS:
Town of Los Gatos
Attn: Finance Department
P.O. Box 655
Los Gatos, CA 95030
7. Availability of Records Consultant shall maintain the records supporting this billing for not
less than three years following completion of the work under this Agreement. Consultant
shall make these records available to authorized personnel of the Town/Agency at the
Consultant's offices during business hours upon written request of the Town/Agency.
Page 2 of 7
8. Project Manager The Project Manager for the Consultant for the work under this Agreement
shall be
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/Agency.
10. Notices Any notice required to be given shall be deemed to be duly and properly given if
mailed postage prepaid, and addressed to:
John E. Curtis TO CONSULTANT:
Director of Parks and Public Works Harris and Associates
Town of Los Gatos 120 Mason Circle
Post Office Box 949 Concord, CA 94520 -1214
Los Gatos, CA 95030
or personally delivered to Consultant to such address or such other address as Consultant
designates in writing to Town/Agency.
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/Agency. As an independent contractor he /she shall not
obtain any rights to retirement benefits or other benefits which accrue to Town/Agency
employee(s). With prior written consent, the Consultant may perform some obligations
under this Agreement by subcontracting, but may not delegate ultimate responsibility for
performance or assign or transfer interests under this 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/Agency. The Consultant has and shall not obtain any holding or interest within
the Town/Agency of the Town of Los Gatos. Consultant has no business holdings or
agreements with any individual member of the Staff or management of the Town/Agency 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/Agency in the subject of this Agreement, and it shall
immediately disassociate itself from such an interest should it discover if has done so and
shall, at the Town/Agency's sole discretion, divest itself of such interest.
Page 3 of 7
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/Agency of this employment relationship, and shall, at the
Town/Agency'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.
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/Agency 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/Agency 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.
Page 4 of 7
B. General Liability:
The Town/Agency, 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/Agency, its officers, officials, employees and volunteers. Any insurance
or self - insurances maintained by the Town/Agency, 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/Agency, 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, canceled, reduced in coverage or in limits
except after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the Town/Agency.
Current certification of such insurance shall be kept on file at all times during the term
of this agreement with the Clerk/Secretary of the Town/Agency.
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/Agency 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/Agency 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.
Page 5 of 7
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 Court of the County of Santa Clara.
18. Termination of Agreement The Town/Agency 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/Agency all plans, files, documents, reports, performed to date by the Consultant. In
the event of such termination, Town/Agency shall pay Consultant an amount that bears the
same ratio to the maximum contract price as the work delivered to the Town/Agency bears
to completed services contemplated under this Agreement pursuant to Attachment 4 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/Agency 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.
21. Entire Agreement This Agreement, including Attachment 2, constitutes the complete and
exclusive statement of the Agreement between Town/Agency and Consultant. No terms,
conditions, understandings or agreements purporting to modify or vary this Agreement,
unless hereafter made in writing and signed by the party to be bound, shall be binding on
either party.
Page 6 of 7
IN WITNE89'WHEREOF, the Town/Agency and Consultant have executed this Agreement
as of the date indicated on page one (1).
TOWN /AGENCY OF THE CONSULTANT:
TOWN OF Los GATOS, by: HARRIS AND ASSOCIATES
Debra J. Figone (Signature)
Town Manager /Executive Director
Print Name
Recommended by:
John E. Curtis Title
Director of Parks and Public Works
Approved as to Form:
Orry P. Korb
Town Attorney /General Counsel
Attest:
Clerk/Secretary of the Redevelopment Agency
Los Gatos, California
Marian V. Cosgrove
Page 7 of 7
' 11-7 v j - -__> mod.
July 23, 2003
Kevin Rohani, P.E.
Town Engineer
Town of Los Gatos
PO Box 949
Los Gatos, CA 95031
JUN 2. 9 2003
L. TCI "VN OF LOS GATOS
P;,f;KS AND PUBLIc WORKS DEPT
Harris & Associates
Re: Proposal for Construction Management and QA Testing
2003/2004 Street Resurfacing
Dear Mr. Rohani:
Program Managers
Construction Managers
Civil Engineers
Harris & Associates is pleased to present this proposal to provide construction management services for
the Town's 2003/2004 Street Resurfacing Project.
Harris & Associates understands that the Town is seeking a construction management firm with a wide
range of expertise to facilitate the project and help deliver this high - visibility project.
Harris & Associates will provide:
Process the monthly progress payments
Will maintain the documents, and
Handle correspondence with the Contractors
We will utilize the Expedition software program for organizing, tracking, filing, and managing paper and
electronic correspondence, including daily reports, requests for information, submittals, contracts, reports,
progress payments, change orders, etc.
All of Harris' work emphasizes claims avoidance and mitigation. Our projects have been remarkably free
of extended disputes. From their work experience and training, our staff has developed an ability to
interact with contractors and "cut to the core" of issues. We analyze issues thoroughly and realistically,
and negotiate with the same tools and expertise that the contractor brings to the table.
Our staff uses partnering, computerized scheduling programs, as -built schedules, documentation systems,
and computer database programs to manage projects and to minimize and mitigate claims.
Project Understanding
The Town of Los Gatos is gearing up for the 2003/2004 Resurfacing Project.
The work is tentatively scheduled to start in August 2003 stop in November and restate in April 2004.
Fee Estimate
This project is designed for a five -month period and Harris & Associates has assumed 8 hours per week
for the Construction Manager for a total of 336 hours and 3 hours per month for office support for a total
178 Second Street, Suite C Gilroy, California 95020 408.842.5777 FAX 408.842.5758 gilroy @harris- assoc.com
Proposal for The 2002 Resurfaci; roject
August 7, 2002
Page 2 of 2
of 136 hours of work and a testing lab for $29,700 for a total cost not to exceed $84,580.00. See the
attached spreadsheet_fpr a.detail break down of Harris & Associates effort for this project.
Thank you for the opportunity to continue our work with the Town of Los Gatos.
Sincerely,
HARRIS & ASSO ES
Brian Danley John Brice
Vice President Construction Manager
Attachment
2003/2004 STREET RESURFACING PRUJECY
Town of Los Gatos
HARRIS AND ASSOCIATES
cMcostsol page 1 of 1
-L - STAFF
�
PM
CM
Inspector
C ler i cal
-
HOURS
HOURS
HOURS
HOURS
TOTALS
i
1.1
Construction Phase
1.1.01
Pre - Construction Conference
0
12
4
1.1.02
Submittals
0
10
0
— 8 -
_
1.1.03 Communications and Schedule Review
0
16
10
1. 1.04 Construction Observation and Meetings
0
140
30
1. 1.05
Change Orders
0
25
12
1.1.06
! Public Relations
0
121
L
1. 1.07
Progress Payments and Status Reports
0
40
E 120
Subtotal Hours
0
255
0
349
Subtotal Dollars
1.21 Construction Closeout Phase
$0
$34,425
$0
$6,580
$41,005
1.2.01
!Final Walkthrough and Punch List
0
8
4
— - - --
1.2.02
1 Communications and "Record" Drawings
0
10
8
- -- - - .
1.2.03
Final Payment & Project Completion Report
0
15
g
-
1.2.04
Claims Resolution
0
32
2
— — -
1.2.05
Close -out Project files
0
16
20
- -
Subtotal Hours
0
81
0
42
123
Subtotal Dollars
$0
$10,935
$0
$2,940
$13,875
SUBTOTAL HOURS =
0
336
0
136
472
SUBTOTAL DOLLARS =
$0
$45,360
$0
$9,520
$54,880
A. HARRIS HOURS AND COST
HOURS PER POSITION =
0
336
0
136
472
HOURLY RATE =
SUBTOTAL COST m
B. ;SUBCONSULTANT COST
$220
$0
$135
$45,360
$110
$0
$70
$9,520
$54,880
'SUBCONSULTANT TOTAL COST:
l
$27,000
1Markup on Subconsultant (10 %)
$2,700
C. TOTAL REIMBURSABLES
0
TOTAL COST (NOT -TO- EXCEED BASIS)
$84,580
ASSUMPTIONS:
-
1
Services are expected to occur between August 18 to November 14 2003 & then restart April 19 Project is 105 w days.
2
All direct and indirect costs are included In our hourly rates, including vehicles, pagers, cell phones,
_ telephone /fax, etc. -- -
3 Subconsultant, Testing Engineers, will provide QA for materials installed.
cMcostsol page 1 of 1