Staff Report & Attachment 1
PREPARED BY: LISA PETERSEN
Assistant Parks and Public Works Director/Town Engineer
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Parks
and Public Works Director
110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/07/2018
ITEM NO: 6
DATE: JULY 27, 2018
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: AUTHORIZE THE TOWN MANAGER TO EXECUTE A FIVE-YEAR AGREEMENT
FOR CONSULTANT SERVICES FOR MAP CHECK REVIEW AND SURVEYING
SERVICES WITH KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC. IN
AN AMOUNT NOT TO EXCEED $125,000.
RECOMMENDATION:
Authorize the Town Manager to execute a five-year agreement for consultant services for map
check review and surveying services with Kier & Wright Civil Engineers & Surveyors, Inc. in
amount not to exceed $125,000.
BACKGROUND:
In April of 2018, PPW staff posted a Request For Qualifications (RFQ) for Acting Town Surveyor
Services on the Town’s webpage and sent the RFQ directly to three survey firms. It was also
posted on the Town’s website for other firms to consider. The scope of the RFQ is to gain
assistance in surveying services and for the firm to act as the Town Surveyor. The Town is
required to use a licensed surveyor by California’s Subdivision Map Act Law for review and
signing of development maps and other land development documents. Two firms submitted
qualifications in response to the Town’s RFQ. Following the submittal of qualifications from
these consultants, staff reviewed the materials and interviewed both consultants.
DISCUSSION:
As part of its Engineering Development Services, the Town conducts various mapping, map
check review, and land surveying services. The Parks and Public Works Department does not
PAGE 2 OF 3
SUBJECT: AUTHORIZE THE TOWN MANAGER TO EXECUTE A FIVE-YEAR AGREEMENT
FOR CONSULTANT SERVICES FOR MAP CHECK REVIEW AND SURVEYING
SERVICES WITH KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC., IN AN
AMOUNT NOT TO EXCEED $125,000
JULY 27, 2018
C:\Users\slombardo\Downloads\Staff_Report_V2.docx 8/2/2018 3:23 PM
DISCUSSION (cont’d):
have a Town Surveyor on staff, so these services are performed by a consultant who acts as the
Town Surveyor. This includes the review of parcel maps, final maps; legal descriptions and plats
for lot line adjustments, easement and right-of-way dedications; certificates of compliance, and
other documents for technical correctness, adherence to codes, ordinances, the Professional
Land Surveyor’s Act, and the Subdivision Map Act. A number of complicated and sometimes
invalid requests for lot line adjustments and map approvals come from developers looking to
create new developable lots in the Town. These requests require review by an experienced
survey consultant with extensive knowledge in the field of historical chain of title review to
verify the validity of these requests.
Following submissions from the two survey consultants, the Town interviewed both consultants
which included CSG Consultants and Kier and Wright Civil Engineers and Surveyors, Inc. The
interview panel included the Town Attorney, Town Engineer, and a member of the Town’s land
development engineering staff.
After review of the qualifications and a series of in-depth questions by the interview panel to
determine the ability of the consultants to respond to the Town’s often unique surveying
needs, the panel unanimously agreed that Kier and Wright was the most qualified consultant
for the Town Surveyor role. In addition to their previous experience completing challenging
mapping services for the Town, Kier and Wright has a total of 14 California registered land
surveyors on staff and available to assist the Town with complicated land development
applications.
CONCLUSION:
Staff recommends that the Town Council authorize the Town Manager to execute a Consultant
Agreement with Kier & Wright Civil Engineers & Surveyors, Inc. (Attachment 1), in an amount
not to exceed $125,000.
COORDINATION:
This report was coordinated with the Town Attorney and the Finance Department.
FISCAL IMPACT:
The Town will use fees and deposits collected from various development applications to pay for
these services on a cost recovery basis. Additional surveying services within the scope of this
PAGE 3 OF 3
SUBJECT: AUTHORIZE THE TOWN MANAGER TO EXECUTE A FIVE-YEAR AGREEMENT
FOR CONSULTANT SERVICES FOR MAP CHECK REVIEW AND SURVEYING
SERVICES WITH KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC., IN AN
AMOUNT NOT TO EXCEED $125,000
JULY 27, 2018
C:\Users\slombardo\Downloads\Staff_Report_V2.docx 8/2/2018 3:23 PM
FISCAL IMPACT (cont’d):
contract to support Town projects would be allocated to those projects subject to availability of
funds.
ENVIRONMENTAL ASSESSMENT:
The proposed agreement and related services are not a project defined under CEQA, and no
further action is required.
Attachment:
1. Agreement for Consultant Services with Kier & Wright Civil Engineers and Surveyors, Inc.
Agreement for Consultant Services – Kier & Wright – Town Surveyor Services 2018
Page 1 of 6
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and entered into on August 7, 2018 by and between TOWN OF LOS
GATOS, a California municipal corporation, (“Town”) and Kier & Wright Civil Engineers and
Surveyors, Inc., (“Consultant”), whose address is 2850 Collier Canyon Road, Livermore, CA
94551. This Agreement is made with reference to the following facts.
I. RECITALS
1.1 The Town desires to engage Consultant to provide services as the designated “Acting Town
Surveyor” for various land development mapping services as needed.
1.2 The Consultant represents and affirms that it is willing to perform the desired work pursuant
to this Agreement.
1.3 Consultant warrants it possesses the distinct professional skills, qualifications, experience,
and resources necessary to timely perform the services described in this Agreement.
Consultant acknowledges Town has relied upon these warranties to retain Consultant.
II. AGREEMENTS
2.1 Scope of Services. Consultant shall provide services as described in that certain Request for
Statement of Qualifications for Town Surveyor Consultant Services 2018, which is hereby
incorporated by reference and attached as Exhibit A. Services will include lot line
adjustments, map review, vacations, review of right of way, Certificates of Compliance,
plats and legals, dedications/proposed easements, easement abandonment, lot mergers and
general land surveying services. The Consultant will review, sign and stamp documents as
needed and identified in the State of California Subdivision Map Act on behalf of the Town.
2.2 Term and Time of Performance. This contract will remain in effect from August 7, 2018 to
June 30, 2023.
2.3 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 that it has all licenses, permits, qualifications and
approvals of whatsoever nature 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.
2.4 Sole Responsibility. Consultant shall be responsible for employing or engaging all persons
necessary to perform the services under this Agreement.
2.5 Information/Report Handling. All documents furnished to Consultant by the Town and all
reports and supportive data prepared by the Consultant under this Agreement are the
Town’s property and shall be delivered to the Town upon the completion of Consultant's
services or at the Town's written request. All reports, information, data, and exhibits
prepared or assembled by Consultant in connection with the performance of its services
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pursuant to this Agreement are confidential until released by the Town to the public, and the
Consultant shall not make any of these documents or information available to any
individual or organization not employed by the Consultant or the Town without the written
consent of the Town before such release. The Town 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's use of the information contained in the reports prepared by the
Consultant in connection with other projects shall be solely at Town's risk, unless
Consultant expressly 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 Consultant to be a trade secret of Consultant.
2.6 Compensation. Compensation for Consultant's professional services shall not exceed
$125,000, inclusive of all costs. Payment shall be based upon Town approval of each task.
2.7 Billing. Billing shall be monthly by invoice within thirty (30) days of the rendering of the
service and 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 review, even if only in partial or draft form.
Payment shall be net thirty (30) days. All invoices and statements to the Town shall be
addressed as follows:
Invoices:
Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031-0655
2.8 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 at the
Consultant's offices during business hours upon written request of the Town.
2.9 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.
2.10 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. As an independent contractor he/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 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 s uch litigation is
Agreement for Consultant Services – Kier & Wright – Town Surveyor Services 2018
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brought by Consultant or is based on allegations of Consultant's negligent performance or
wrongdoing.
2.11 Conflict of Interest. Consultant understands that its professional responsibilities are solely
to the Town. The Consultant has and shall 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 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 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 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 of this employm ent relationship, and shall, at the Town's sole
discretion, sever any such employment relationship.
2.12 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.
III. INSURANCE AND INDEMNIFICATION
3.1 Minimum Scope of Insurance:
i. 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 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.
Agreement for Consultant Services – Kier & Wright – Town Surveyor Services 2018
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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.
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
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, its officers, officials, employees and volunteers. Any insurance or
self-insurances maintained by the Town, 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, 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.
3.2 All Coverages. 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
been given to the Town. Current certification of such insurance shall be kept on file at all
times during the term of this agreement with the Town Clerk.
3.3 Workers’ Compensation. 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 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.
3.4 Indemnification. The Consultant shall save, keep, hold harmless and indemnify and defend
the Town 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.
Agreement for Consultant Services – Kier & Wright – Town Surveyor Services 2018
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IV. GENERAL TERMS
4.1 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.
4.2 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.
4.3 Termination of Agreement. The Town and the Consultant shall have the right to terminate
this agreement with or without cause by giving not less than fifteen days (15) written notice
of termination. 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, Town shall pay 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 any, shall be adjusted in light of the particular facts and
circumstances involved in such termination.
4.4 Amendment. No modification, waiver, mutual termination, or amendment of this
Agreement is effective unless made in writing and signed by the Town and the Consultant.
4.5 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.
4.6 Notices. Any notice required to be given shall be deemed to be duly and properly given if
mailed postage prepaid, and addressed to:
Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
Kier & Wright Civil Engineers and
Surveyors, Inc.
2850 Collier Canyon Road
Livermore, CA 94551
or personally delivered to Consultant to such address or such other address as
Consultant designates in writing to Town.
4.7 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the
terms and conditions of this Agreement in respect of the Products or Services and any
attachments to this Agreement, then the terms and conditions of this Agreement shall
prevail over attachments or other writings.
4.8 Entire Agreement. This Agreement, including all Exhibits, 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,
Agreement for Consultant Services – Kier & Wright – Town Surveyor Services 2018
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unless hereafter made in writing and signed by the party to be bound, shall be binding on
either party.
IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement.
Town of Los Gatos by:
Laurel Prevetti, Town Manager
Recommended by:
Matt Morley, Director of Parks and Public
Works
Consultant, by:
Title
Approved as to Form:
Robert Schultz, Town Attorney