1992-230-Authorizing The Execution Of An Agreement With BSI Consultants, Inc. For The Design Of Project 9314-Blossom Hill Storm DrainRESOLUTION 1992 -230
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH BSI CONSULTANTS, INC. FOR THE
DESIGN OF PROJECT 9314 - BLOSSOM HILL STORM DRAIN
BE IT RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa
Clara, State of California, that the Town Manager is authorized to enter into an agreement
with BSI Consultants, Inc., for the design of Project 9314 - Blossom Hill Storm Drain
(attached as Exhibit A).
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 7th day of December, 1992, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck,Patrick O'Laughlin
Mayor Joanne Benjamin
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: ��
LLtOR OF TH TO OF LOS GATOS
S GATOS, CALIFO NIA
ATTEST:
CLERK OF TINE TOWN OF L6S GATOS
LOS GATOS, CALIFORNIA
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DEC- 3- 3 2 T H U
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1 3= 53 IDS I C O N S U L T H N T S P_ 02
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AGREEMENT FOR CONSUL'T'ING SERVICES
PROJECT 9314 - 13LOSSOM HILL STORM DRAIN
THIS AGREPMENT is entered into this da
by and between the 'Town of Los Gatos, State of CaI: —' or to herein of f —~ ---' 199?'
B.S.I. Consultants, Inc., herein called the "Consultant." ulied the "Town" and
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. 5oe of Sendces. The Consultant shall perform the services listed below.
A. Complete the design (plans and specifications) for the following
projects:
Project 9314 • Blossom Hill Storm Drain
(A detailed list of tasks is included as Attachment 1)
B. The Consultant shall carry out this project under the direction of the
Director of Building and Engineering Services (or his or her designee)
for the purpose of receiving information, reviewing progress, and
providing assistance in problem solving.
Tinge of PArformanM The services of the Consultant are to commence upon the
execution of this Agreement, and shall end on May 1, 1993.
Cam glance wit Lawa, The Consultant shall comply with all applicable laws, codes,
ordinances, and regulations of governing federal, state and local laws. Consultant
represents and warrants to Town that it has all licenses, permits, qualifications and
approvals of whatsoever nature which are legally required for Consultant to practice
its profession. Consultant represents and warrants to Town that Consultant shall,
at its sole 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 15 of the Code of the Town of Los Gatos.
Confidential I�for�rFt�ati n' All data, documents, discussion or other information
developed or received by or for the Consultant in performance of this Agreement
are confidential and will not be disclosed to any person except as authorized by the
Director of Building Services, or his designee or as required by law,
121�. All materials and compilations of information produced by the
Consultant specifically to perform this Agreement are and remain property of the
Town, regardless of whether such materials and compilations are required to be, or
are, actually delivered to the Town.
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DEC- 3-92 T H U 1:3 : 53 DS I C: O H S U L_ T r3 N T S P_ 0:S
6• -iK�-,p' M&u. B.S.I. Consultants, Inc., shall be paid on an hourly basis for
professional services, administrative overhead, and reimbursable expenses. Payment
shall be made at the Town's next issue of warrants following receipt of billing.
Compensation for the complete scope of services for all four projects, shall not
exceed $17,500 without prior written approval from the Director of Building and
Engineering Services. In no case shall compensation exceed $21,000.
7. independent Consultant. It is understood that the Consultant, in the performance
Of the work and services agreed to be performed, shall act as and be an independent
contractor and not an agent or employee of the Town. As an independent contractor
be /she shall not obtain any rights to retirement benefits or other benefits which
accrue to Town employee(s). With prior written consent, the Consultant may
delegate ultimate re pon bility fort performance or assign or transfer in erests under
this Agreement.
8. o 1 Interest. The Consultant has no holdings or interests within the Town
of Los Gatos. Consultant has no business holdings or Agreements with any member
of the staff or management of the Town or its representatives.
4. ace.
A. Minimum Scope of Insurance:
i. Consultant agrees to have and maintain, for the duration of the
contract, a General Liability insurance policy insuring him /her and
his /ber 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.
U. Consultant shall provide to the Town all certificates of insurance, with
original endorsements effecting coverage. Consultant agrees that all
certificates and endorsements are to be received and approved by the
Town before work commences.
iii• Consultant shall provide to the Town all certificates of insurance, with
original endorsements effecting coverage. Certificates of such
insurance shall be filed with the Town on or before commencement
of performance of this agreement and a copy of insurance policy shall
�^ be attached as Attachment 2.
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 B.S.I. Consultants, Inc., for
professional errors or omissions in the performance 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
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DEC— a— 9 2 T H U 1-5:54 BSI C O N S U L T Fa N T S P-04
performed by or on behalf of the Consultant; products and completed
Operations of Consultant, premises owned or used by the Consultant.
ii. The Consultant's insurance coverage shall be primary insurance as
respects the Town, its officers, officials, employees and volunteers. Any
insurance or self- insurance maintained by the Town, its officers,
officials, employees or volunteers shall be excess Of the Consultant's
insurance and shall not contribute with it.
Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the Town, its officers, officials, emplovees
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 Coverage; Each insurance policy required in this item shall be endorsed
to state that coverage shall not be suspended, voided, cancelled, reduced in
coverage or in limits except after thirty (30) days' prior written notice by
certified mail, return receipt requested, has be given to the Town. current
certiztcation of such insurance shall be kept on file at all times during the
term of this agreement with the Town Clerk,
10. Inderrrnificar;n,, The Consultant shall save, keep and bold harmless indemnify and
defend the Town, its officers, agent, employees and volunteers from all damages,
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 misconduct, error, or
omission; or negligent act, error or omissions of the Consultant, or any of the
Consultant's employees, or any subcontractor. The Town will not be held liable for
any accident, loss or damage to the work.prior to its completion and acceptance.
11. Maim!- . 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.
12. Cevernf}1g Law. This Agreement, regardless of where executed, shall be governed
by and construed to the laws of the State of California.
13. le—Min a 'fin of .Agreement. The Town may terminate this agreement without cause
by giving not less than fifteen (is) days written notice of termination. The Town
may terminate this agreement with cause by giving 24 hour written notice. In the
event of termination, the Consultant shall deliver to the Town all plans, files,
documents, reports, performed to date by the Consultant. In the event of such
termination, the Consultant shall be paid for all satisfactory work, 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.
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DEC'— S— 5 2 T H U 13 :✓ J IBS I CONS U L T A N T S F f_n S
14, tir greement. This Agreement constitutes the complete and exclusive statement
of the Agreement between the Town and Consultant. No terms, conditions,
understandings or agreements purporting to modify or vary this Agreement, unless
hereafter made in writing and signed by the party to be bound, shall be binding on
either parry.
15, i to . In any dispute over any aspect of this agreement the prevailing party shall
be entitled to reasonable attorney'
to those allowed by statute). s fees, as well as all reasonable casts (not limited
16. Execution, This Agreement may be executed in several counterparts each of which
shall constitute one and the same instrument and shall become binding upon the
parties when at least one copy, here of shall have been signed by both parties hereto.
In proving this agreement, it shall not be necessary to produce or account for more
than one such counterpart.
1N WI'T'NESS WHEREOF, the Town and Consultant have executed this Agreement
as of the date indicated on page one (1).
TOWN OF LOS GATOS
David W. Knapp, Town Manager
A TTEST:
Clerk of the Town of Los Gatos
Los Gatos, California
Marian V. Cosgrove, Town Clerk
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B.S.T. Consultants, Inc.
"�e,jr, anager
Approved as to Form:
Katherine Anderton, Town Attorney
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DEC - -92 THU 1 :F; : SS BS I CO FJ S U L T""TS P - 0?
WORK PROGRAkM
PRELIivIINARY PHASE
TASK 1: Upon receiving Notice-To-Proceed, BSI will arrange a kick-off meeting with
staff to discuss project issues, schedule and other aspects of scope of services.
TASK 2: Within one week after receiving Notice -To- Proceed, BSI will perform field
survey to identify and locate all topographic and surface features including
invert elevations of storm and sanitary sewers within the limits of the project
and as necessary for completing the design of the proposed improvements.
The survey data will be translated to the CADD system and base traps win
be developed.
TASK. 3: At the pre - design meeting, BSI will provide the base maps to the Town of Los
Gatos and verify the criteria by which the subject storm drainage system is to
be designed or modified. "As- built" drawings, aerial photos, right -of-
way /easement maps and other information that may be available will be
obtained from the Town.
TASK 4: After this initial meeting, various alternative alignments for the new storm
drain lines will be developed. Each of these alternatives will be evaluated
based on factors including hydraulic criteria, topographic limitations, cost-
effectiveness, utility impacts, easement requirements and other constraints.
TASK 5: BST will obtain, utility information from the appropriate utility companies and
incorporate the information on the base maps.
DESIGN PHASE
TASK 1: Following the approval of a design concept by the Town of Los Gatos, BSI
CONSULTANTS, INC. wilt prepare preliminary design Plans and
Specifications (60 01o) in accordance with applicable Iocal and State standards.
The preliminary plans will clearly and accurately depict all existing surface
features, the layouts of existing and proposed storm drains and associated
facikities, profiles, right-of-way and easements information, general and
construction notes, and other details. The preliminary plans also will include
detailed quantity and cost estimates.
TASK 2: The Preliminary Design Plans (60 17c) will be submitted to the Town for review
and comment. These plans will also be submitted to the appropriate utility
companies for verification of utility locations.
TASK 3: Upon review by the Town of the 60% PS &E, 95% PS &E will be prepared
incorporating the Town's comments. The 95% PS &E will be submitted to the
Town, for review. The final PS &E will be delivered to the Town as described
in Section C, Products and Schedules.
L91\cnc1rptz \bh4t0rm ATTACHMENT 1
D E C- 3-132 T H U 1 3 = 5G 8 S I CONS U L T A N T S P. 0 7
TASK 4: Upon review by the Town of the 95010 PS&E, Final PS &E will be prepared
incorporating the Town's comments. The final PS&E will be delivered to the
Town as described in Section C, Products and Schedules.
PRODUCTS AN"D SCHEDULES
BSI will submit the following products to the Town:
r Base Plans
r Preliminary Plans, Special Provisions and Estimates (60% Complete)
■ Preliminary Plans, Special Provisions and Estimates (957o Complete)
■ Final Plans, Special Provisions and Estimate (10017o Complete)
The plans set will be comprised of the following plan sheets:
1. Title Sheet
2. Storm Drain Plan /Profile Sheet(s)
3. Detail Sheet(s)
BSI will prepare the improvement plans at a scale of 1" = 20', and all the plan sheets will
show appropriate Town title block information, BSI will provide the Town with original
plans on 4 mm,, single matte mylar and the AutoCad Release 11 drawing files, one printed
COPY of the special provisions and a file copy on Wordperfect 5.1 file, and a printed copy
of the cost estimate and a file copy on Lotus 1,2,3.
BSI recognizes that time is an important consideration to the Town of Los Gatos in
completing the required storm, drainage improvements, On that basis, the firm is fully
prepared to begin as soon as we receive authorization to proceed with the project. We
have the staff and resources available to provide final PS &E within eight (8) weeks of the
notice to proceed. Town review time is not included in this schedule.
1,.37 \cnclrpL \bhstorm
Ems,
BSI Consultants, Inc. LLE U Ll L❑ N Q)F U ° UU IO)W a LI uz "J[L
To: Town of Los Gatos
ETA Pe�;�g -Bug Slept
Civic Center, 110 East Main St.
P.O. Box 949, Los Gatos, CA 95031
ATTN: Chris Gjerde
Via: ❑ Messenger
❑ Pickup
We are forwarding herewith:
X Originals
_ Prints
❑ Express ❑ Blueprinter
6 Mail ❑ Other
Copies Report
Plans _ Drawings
Date: 12/3/92
BSI Job No. 10850.00
Project: Los Gatos Storm
Drain Projects
Specifications
Other
Description: Executed Agreements for Blossom Hill Road Storm Drain Project
This material is:
Remarks:
• For your approval.
• For your review.
121 Foryourfiles.
12 Per your request.
• Approved by us.
• Returned by us.
• For use on job.
Please sign and return one ORIGINAL Agreement for our files.
THANK YOU.
From: BSI CONSULTANTS, INC. Copies to:
_ "al �=— Received by:
Nanda Gottiparthy
If enclosures received are not as listed above, notify us at once.
2420 Camino Ramon, Suite 202, San Ramon, CA 94583 ® (510) 867 -0124 • FAX: (510) 867 -0221