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9 - Geology and Geotechnical Peer Review Consultant Services•~ow ~/~ ~ MEETING DATE; 06/07/10 ITEM NO: ,, ~; _`~ ~~ to A.~~os COUNCIL AGENDA .REPORT DATE: MAY 24, 2010 T0: MAYOR AND TOWN COUNCIL FROM: GREG CARSON, TOWN MANAGER ~~~~~~ SUBJECT: PPW JOB NO. A10-003 -GEOLOGY AND GEOTECHNICAL PEER REVIEW CONSULTANT SERVICES ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT FOR GEOTECHNICAL CONSULTANT SERVICES WITH AMEC GEOMATRIX INC. FOR TWO MORE YEARS TO PERFORM CONTINUED GEOLOGY AND GEOTECHNICAL PEER REVIEW SERVICES IN THE TOWN OF LOS GATOS ON AN ON-CALL BASIS FOR PRIVATE DEVELOPMENT PROJECTS. RECOMMENDATION: Adopt a Resolution (Attaclunent 1) authorizing the Town Manager to execute an Amendment to the Agreelilent for Geoteclulical Consultant Services (Exhibit A) with AMEC Geomatrix Inc, for two more years to perform continued geology and geoteclincal peer review services in the To«m of Los Gatos on an on-call basis for private development projects. BACI~.GROUND: Professional consultants have been utilized by the To«~n of Los Gatos to assist staff with the review of enviroiunental, architectural, .geology., traffic, plan check, and arborist issues related to private development projects. These consultant contracts are reviewed upon expiration by the appropriate Town department and staff to ensure that staff is satisfied with the services provided and that Towil receives quality service. DISCUSSION: Current Town policy requires. that ongoing consultant contracts are evaluated every five years in order to ensure the Town is receiving the best service from our contractors. In June .2008, the Town executed an Agreement for Geotechnical Consulting Services for private development projects. PREPARED BY: TODD CAPURSO Director of Parlcs and Public Worlcs Reviewed by: Assistant Town Manager Town Attorney Clerk Administrator Finance Conununity Development ,,.... ...~... e~.....,... ...~_...,... ,~.. ,.,....r .., ..., _. _._.~~.. ~. ~ ... ...... _, _..~ .. , .~. _ ... , w N:\PP~V\VIANAGEIvtENT\COUNCIL\COUNCIL REPORTS\2010 Reports\.lw~e 7\A10.U03.geology.consultant.geomatrix.doc PAGE 2 MAY 24, 2010 MAYOR AND TOWN COUNCIL SUBJECT: PPW JOB NO. A10-003 -GEOLOGY AND GEOTECHNICAL PEER REVIEW CONSULTANT SERVICES DISCUSSION (cont'd); The Town has utilized AMEC Geomatrix Inc, for several years on an on-call service contract basis, primarily for private development projects. While these services are managed by staff, the services provided are funded by private development. This firm is familiar with the Town, its unique topography and geologic related issues. Additionally, staff is satisfied with their service and response. Due to the number of high profile private development projects plamied in the coming months, and in order for the Town to provide optimum professional service to the community, it will be vital that the Town continue to utilize consultants who are familiar and experienced with the complex private development process, codes, and regulations. CONCLUSION: Staff recommends that the Town Council adopt a Resolution (Attaclunent 1) authorizing the Town Manager to execute an Amendment to the. Agreement for Geoteclnical Consultant Services (Exhibit A) for two more years .with AMEC Geomatrix Inc. to perform continued geology and geotecluzical peer review services in the Town of Los Gatos on an on-call basis for private development projects. ENVIRONMENTAL ASSESSMENT: The project is Categorically Exempt pursuant to Sections 15301 (c), 15303(e) and 15304(b) of the State CEQA guidelines. FISCAL IMPACT: The work performed by AMEC Geomatrix Ii1c. is for private development projects and will be fully funded by the private developers. Attaclnnents : 1. Resolution authorizing the Town Manager to execute an Amendment to the Agreement for Geotechnical Consultant Services for two more years with AMEC Geomatrix Inc. to perform continued geology and. geotechnical peer review services in t11e Town of Los Gatos on an on-call basis for private development projects. Exhibit A -Amendment to the Agreement for Geotecluzical Consultant Services Exhibit B -Scope of Worlc and Schedule of Charges 2. Agreement for Geotechnical Consultant Services with AMEC Geomatrix Inc. dated 6/18/08 Attacfunent 1 RESOLUTION RESOLUTION OF THE TOWN COUNCIL OE THE TOWN OF LOS GATOS APPROVING AN AMENDMENT TO THE AGREEMENT FOR GEOTECHNICAL CONSULTANT SERVICES WITH AMEC GEOMATRIX INC. TO PERFORM CONTINUED GEOLOGY AND GEOTECIINICAL PEER REVIEW ST+JRVICES IN THE TOWN OF LOS GATOS ON AN ON-CALL BASIS FOR PRIVATE DEVELOPMENT PROJECTS.. WHEREAS, it is necessary for the Council to secure professional consultant services to perform Geology and Geotechnical Consultant .Services in the Town of Los Gatos on an on-call basis for private development projects; and WI3EREAS, the Town Council has selected the firm. of AMEC Geomairix Inc, to provide professional services in connection with Geology and Geotechnical Consultant Services for private development projects and desires to extend the professional services agreement for two more years. NOW, THEREFORE, IT IS RESOLVED that the Town Council of the Town of Los Gatos hereby approves the attached Amendment to the Agreement for Geotechnical Consulting :Services (Exhibit A) with the firm of AMEC Geomatrix Inc, for two more years to perform continued .geology and geotechnical engineering consultant services on an on-call basis for private development projects. I3E IT FURTHER RESOLVED that the Town Manager is hereby authorized. -and directed to execute said Amendment to the Agreement on behalf of the Council. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 7t~' of Tune 2010, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN; SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA A 1 TEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 1 his Page Intentionally Left Blank Exhibit A AMENDMENT TO THE AGREEMENT FOR GEOTECHNICAL CONSULTING SERVICES This AMENDMENT TO AGREEMENT is entered into this~day of June, 2010, by and between the Town of Los Gatos, 1lerein called "[Town]," and AMEC Geomatrix Inc., herein called "[Consultant]." RECITALS A. Town and Consultant entered into an agreement on June 18, 2008 (Agreement) to provide geology .and geotechnical engineering consultant services, a copy of which is attached hereto as (Attachment 2) and incorporated herein by reference. AMENDMENT 1. The Agreement is hereby .amended to extend. the agreement for a pcriocl of two .more years effective July 1, 2010 through June 30, 2012. 2. All other terms and conditions of the Agreement dated June 18, 2008 remain in full force and effect. IN WITNESS WHEREOT', the Town and Consultant have executed this Amendment to the Agreement for Geotechnical Consultant Services as of the date indicated above. Town of Los Gatos, by: AMEC Geomatrix Inc., by: Greg Larson, Town Manager Town of Los Gatos Recommended by: Tocld Capurso Director of Parks and Public Worlcs Approved as to Form: Michael Martello, Interim Town Attorney ATTEST: Jackie Rose, Clerlc Administrator This P~i~e Intentionally Left I3lanlc EXHIBIT B ~)~~ May 14, 2010 Kevin Rohani, PE Town Engineer Parks and .Public Works Department 41 Miles Avenue Los Gatos, CA 95031 Subject: Two-year Extension (2010 - 2012) on Geology and Geotechnical Engineering ' Peer Review Services for private development projects Town of Los Gatos Los Gatos, California Dear Mr. Rohani: AMEC Geomatrix Inc is .pleased to have the opportunity to extend our current geology and geotechnical engineering peer review services agreement with the Town of Los Gatos. Per your request, please find enclosed AMEC Geomatrix Inc.'s rate schedule for the new contract term (2010 - 2012). We propose to offer the same scope of services with a small increase in our rate structure from the 2008 - 2010 agreement. Please note that the new rates will remain effective throughout the term of this two-year contract extension. Again, thank you for the opportunity to continue our service to the Town of Los Gatos. We look forward to working with you. on future projects. If you have any questions or concerns, or if you need additional documentation to process the contract extension, please give me a call at 510-663-4292. Sincerely yours, AMEC Geomatrix, Inc. ~ ~, Joh A. Egan, GE P ' cipal Engineer and Vice President irect Tel.: 510-663-4292 Direct Fax: 510-663-4141 E-mail: john.egan@amec.com JAE/LDU \\oad-fsl\deptdatalproject\prop2010\los gatos\peer review extension _Itr.doc Enclosures AMEC Geomatrix, Inc. 2101 Webster Street, 12th Floor Oakland, California USA 94612-3066 Tel (510) 663-4100 Fax (510) 663-4141 www,amecgeomatrixinc.com AMEC GEOMATRIX, INC. SCHEDULE OF CHARGES Effective March 27, 2009 The Schedule of Charges applies to all services provided by and/or through AMEC Geomatrix, Inc. (AMEC). The schedule of charges may be revised periodically, as conditions require. LABOR: Labor charges are for technical work, including technical typing, editing, and graphics involved in the preparation of reports and correspondence and for the time associated with production of such documents. Direct charges are riot made for secretarial service, office management, accounting, and maintenance, because these items are included in overhead. Labor category charge rates for AMEC are listed below. Regional and other factors may influence rates charged for certain individuals. Rates for individuals will be provided on request. LABOR CATEGORY HOURLY RATE Principal $216 - 350 Senior Consultant 216 - 350 Senior Decision Analyst 216 - 350 Senior II 190: - 216 Senior I 185 GIS Programmer/Web Designer 144 Project II 1.40 Project t 130 Field Engineer 118 Staff II 418 Staff I 108 Senior Technician 93 Field Technician 88 CAD/Graphic Designer 96 Project Assistant •= 75 Technical Editor 91 Support Staff 67 Time spent in travel in the interest of the client will be charged at hourly rates, except that no more than 8 hours of travel time will be charged in any: day. When it is necessary for an employee to be away from the office overnight, actual costs, or a negotiated rate, will be charged for living expenses. Employee expenses will be charged at cost plus 15%. Charges for expert witness services will be at the hourly rates shown. However, for depositions and for court appearances, the rate is twice the amount shown. There will be a 4-hour minimum per-day charge for depositions and an 8-hour minimum per-day charge for court appearances. Special accounting services will be billed at the Support Staff rate. COMMUNICATIONS CHARGE: Four percent (4%) of Labor charges for routine photocopying,. regular mail postage, and fax/telephone/cellular phone usage. OUTSIDE SERVICES: Outside services will be charged at cost plus 15%. Common outside items include: consultants, drilling services,. laboratory testing, equipment and vehicle rental, printing and photographic work, postage and shipping, conference calls,. travel and transportation. REIMBURSABLES: Non-routine Photocopies $0,12/sheet Specialized Computer Applications $25.00/hour Field equipment, vehicles, specialized reproduction On request INVOICES: Invoices will be rendered at least monthly, either as a final or partial billing, and will be payable upon receipt. An additional late payment charge of 1 1/2% per month or the maximum charge allowed by law, whichever is less, will be payable on accounts not paid within 30 days from billing date. AMEC is an Equal Opportunity/Affirmative Action Employer, and as such adheres to all applicable federal, state, and local laws and regulations in Phis regard. ~_~ I.lfirm Mgmi\corporatelschedules of chargeslSCHOFCHG_27Mar09_FINAL.doc Page I oft Attachment 2 CLERK DEPARTMENT A.GR~~~~ IHH AGREEMENT FOR GEOTECHNICAL CONSULTANT SEl~~GI;S ~~ REC, -®-. RESO,~ e_____....... THIS AGREE'VIENT is entered into this day of , 200$, by and between Towu o£ Los Gatos, State of California, herein called "Town", and Geomatrix Consultants, Inc., engaged in providing Geology and Geotechnical consulting services herein called "Consultant." RECITALS A. Town is considering undertaking activities to PROVIDE GEOLOGY AND GEOTECHNICAL SERVICES FOR THE TOWN OF LOS GATOS. B, Town desires to .engage a Geotechnical .consultant to provide consulting services to review, analyze, and comment on development projects; prepare geoteeluucal analyses acid reports; conduct peer review of outside Geotechtucal consultant reports, and staff public meetings because of Consultant's experience and qualifications to perform the desired work. C. Consultant represents and affirms that it is qualified and willing to perform the desired work ptusuant to this Agreement. AGREEMENTS NOW, THEREFORE, THE PARTIES HERETO-AGREE AS FOLLOWS: Scope of Services, Consultant shall provide the Geology and Geoteclutical review services as requested by the Town. Administrative Duties I. When needed by Town, assess the potential geotechnical impacts associated with proposed development and redevelopment projects. This shall include evaluating geotechnical .reports and/or identifying mitigation measures and recommending requirements and conditions of .approval. The reviews shall be based on the criteria used by Santa Clara County in their peer review process. II. When needed vy Town, work on special studies or projects including but not limited to: updating the Town's geologic hazards map, preparation of geologic/geotechnical checklists for application packets, emergency response and coordination, assistance with preparation/revision of hillside design guidelines, preparation of drawings and specifications, monitoring of landslide hazards and litigation support and expert witness testimony, III. When needed by Town, conduct field investigations, studies, and prepare reports related to geatecluucal hazards and develop recommendations for mitigation measures, IV. When needed by Town, assist in the establishment and subsequent modification of Town's geotechnical-related ordinances, design guidelines, policies, and development fees. V. When needed by Town, attend meetings with Town staff, public officials, coimnunity leaders, developers, contractors and the general public. VI. When needed by Tawn, advise, support and assist Town departments, committees, commissions, and Town Council.. In addition, act as a liaison. between Town acid Federal, State, and Regional agencies. VII. When needed by Town, attend Tovm Council, Planning Commission, and special study session meetings when geotechnical issues and project applications with geoteehnical considerations are being considered. VIII. As requested by 'D'own, provide copies of ch•aft and final draft work products of reports and studies prepared for.Town. Consultant shall provide electronic file copies of these documents as needed. Other Miscellaneous Services IX. Town may occasionally have the need for other services not specifically listed in this document that the consultant has the necessary experience aild capabilities to provide. Town or Redevelopment agency may authorize consultant to perform such selected services on an as-needed basis. 2. Time of Performance. The services of Consultant are for the period of July 1, 2008 to June 30, 2010. The Town will review the consultants performance at the end of the contract period and will have the option of renewing the contract. Should Town not renew a contract, the award and. authorization of the contract shall automatically expire. Town shall give Consultant at least 15 days notice, prior to the cancellation or expiration of the contract. 3. Compliance with f,aws, 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 atld approvals of whatsoever. nature which are. legally required for Consultant to practice its profession. Consultant represents and warrants to Town that Cousultatlt shall, at its sole cost atld 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 Town. of Los Gatos. 4. Sole Responsibility. Consultant shall be responsible for employing or engaging alI persons necessary to perform the services under this Agreement. 5. Infotmation/Report Handling. All documents furnished to Consultant by Town and all reports and supportive data prepared by Consultant under this Agreement are Town's property and shall be delivered to Town upon the .completion of Consultant's services or at Town's written request. All reports, information, data, and exhibits prepared or assembled by Consultant in connection with tine performance of its services pursuant to this Agreement are confidential until released by Town to the public, and Consultant shall not make any of the these documents or information available to any individual or organization not employed by consultants by Consultant or Tawn without the written consent of Town before such release. Town acknowledges that the reports to be prepared by Consultant pursuant to this Agreement are far the purpose of evaluating a defined project, and Town's use of the information contained in the reports prepared by 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 tecluiique of Consultant which is and has been confirmed in writing by Consultant to be a trade secret of Consultant. 6. Compensation. Compensation far Consultant's professional services shall be based upon Town authorization for each peer review. Billing for each peer review shall be based on the Consultant's Schedule of Charges, attached hereto as (Exhibit "B") and incorporated by reference herein. Billing shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. filling invoices submitted for payment must reference Town P«rchase Order Number, and if applicable, the appropriate project address and Town Application Ntunber (e.g. ). Also, plans, specifications, docunteuts or other pertinent materials shall be submitted for Town review, eveiz if only in partial or draft form. Payment shall be net thirty (30) days. Only one (1) purchase order number per invoice will be accepted. All invoices and statements to Town shall. reference Town'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 (3) years following completion of the work under this Agreement. Consultant shall make these records available to authorized personnel of Town at Consultant's offices during business hours upon written request of Town. 8. Project Manager. The Project Manager for Consultant for the work under this Agreement shall be Bob Wright. 9. Assignability and Subcontracting, The services to be performed under this Agreement are unique and personal to Consultant. No portion of these services shall be assigned or subcontracted without the written consent of Town. 10. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: To Town: Kevin Rolrani Town Engineer Parks and Public Works Town of Los Gatos 41 Miles Avenue Los Gatos, CA 95030 Phone: (408} 3995773 To Consultant; Geomatrix Consultants, Inc. Bob Wright, I'HD Senior Geotechnical Manager 2101 Webster Street 12tH floor Oakland, CA 94612 Phone: (510) 663-4100 lI. Independent Conrcactor, It is understood that 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 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, 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 widerstands that its professional responsibilities is solely to Town. Consultant has and shall. not obtain any holding or interest within Town of Los Gatos. Consultant .has no business holdings or agreements with any individual member of Staff or management of 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 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 Town's sole discretion, divest itself of such interest. Consultant shall not laiowingly 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 employment relationship, and shall, at Town's sole discretion, sever any such employment relationship. 13. Equal Employment Opporttmity. 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 stahis, 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. 1 ~l. Insurance. A, Minimum Scope of Insurance: I. Consultant agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring hitnlher and his/her firm to an atnount not less than: one million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. ii. ~ Consultan 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 Town all certificates of insurance, with original endorsements effecting coverage. Consultant agrees that all certificates and endorsements are to be received and approved by Town 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. B. General Liability: 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 Cons~iltant; products and completed operations of Consultant, premises owned or used by Consultant. This requirement does not apply to the professional. liability insurance required for professional errors and omissions. ii. Consultant's insurance coverage shall be primary insurance as respects Town, its officers, officials, employees and vohtnteers. Any insurance or self-insurances maintained by Town, .its officers, officials, employees or volririteers shall be eYCess of 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 Town, its officers, officials,- employees or volunteers. iv, 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 Town. Current certification of such insurance shall be kept on file at all times during the term of this agreement with Town Clerk. D. Tn addition to these policies, Consultant shall have and mtiintain ~Uorlcers' Compensation insurance as required by California law and shall provide evidence of such policy to Town before beguuung 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. Consultant shall save, keep and hold harmless indemnify aiid defend Town its officers, agent, employees and volunteers from all. damages, liabilities, penalties, costs; ar 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 perforn~ing work which may be occasioned by a willful or negligent act or omissions of Consultant, or any of Consultant's officers, employees, or agents or .any sub- consultant. 16. Waiver. No failure on the pact 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 tlus 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 Iaws of the State of California. Venue for any actton,regarding this Agreement shall be in the Superior or Municipal Court of the County of Santa Clara. I &. Termination of Agreement. Town and Consultant shall have the right to termuiate this agreement with or without cause by giving not less than fifteen (15) days written notice of tei~nination. In the event of termination, Consultant shall :deliver to Town all .plans, files, documents, reports., performed to date by 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 Town bears to completed services contemplated under this Agreement pursuant to the noted Scope of Services and Exhibit A hereto, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the partic~ilar facts and circumstances involved in such termination. 19. Ainendinent. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by Town and Consultant. 20. Disputes. In any dispute over any aspect of this Agreement, the prevailuig party shall be entitled to reasonable attorney's fees, including costs of appeal. 2I. Entire A~reernent. This Agreement, including Exhibits A and B, constitutes the complete and exclusive statement of the Agreement between Town aiid Consultant. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, mlless hereafter made in writing and signed by the party to be bound, shall be binding on either party. IN WITNESS WHEREOF, Town and Consultlnt have executed this Agreement as of the date indicated on page one (1). Town of Los- Gatos Greg Larson, Town Manager Town of Los Gatos Recommended y: r , Kevin Rohani Interim Director of Parlcs and Public Works ATTEST: Clerk Admi~ustrator of Town of Los Gatos, Los Gatos, California c~ ,~acl ie Rose, Clerk Administrator Approved as to Form: ~'" _ ~~ Orry P. K • , own Attorney Geomatrix, Consultants, Inc. sooPlc or woxx Geomatrix will peer review development applications for the Town Engineering and Community Development Departments. Review will focus on the geologic and geotechnical aspects of geology and geotechjucal reports, plans, design calculations, and other data necessary for private development within the Town. Given the location and seismic enviroiunent of the Town, the primary geologic, geotechnical and seismic issues to be addressed are; I) potential for eatthqualce ground sha[~ing and the secondary effects of; 2) potential for ground surface rupture; 2) potential for seismically-induced landsliding; 3) potential for seismically-uiduced liquefactions, all mandated for review by the State. Other significant issues to be addressed during project review include: 1) grading; 2) slope stability; 3} expansive soils and bedrock; 4) erosion and sedimentation; 5) settlement; and 5} the design of foundations, walls, and flatworlc, Peer review will occur early in the planniirg approval process in order to identify and address potential development constraints. The goal is to protect public health and safety tlv~ough implementation of the Town Seismic Safety Element of the General Plan, applicable Ordinances of the Town Municipal Code, and through administration of State and local laws, regulations, and policies. GEOMATRIY CONSULTANTS, INC. c+~'iv',.a~ SCHEDULE OF CHARGES ~~~ Effective January 25, 2008 The Schedule of Charges applies to all services provided by and/or through Georrsattix Consultants. The schedule of charges may be revised periodically, as conditions require. LABOR: Labor charges are for technical work, including technical typing, editing, and graphics involved in the preparation of reports and correspondence and for the tithe associated with production of such documents. Direct charges are not made for secretarial service, office management, accounting, and maintenance, because these items are included in overhead. Labor category charge rntes for Geomatrix Consultants, Ina, are listed below. Regional and other factors may influence rates charged for certain individuals. Rates for individuals will be.provided on request. LABOR CATEGORY ~IOURLY I2AT>1 Principal $210 - 3S0 Senior Consultant 2l0 •350 Senior Decision Analyst 2l0 - 300 Senior lI 190 - 210 Senior 1 180 GIS Programrner/VJeb Designer 140 Project II 136. ProjectI l26 Field Engineer l 15 Staff II l 1S -Staff I lOS Senior Technician 90 Field Technician 8S CAD/Graphic Designer 93 Project Assistant 73 Technical Editor 88 Support Staff 65 Time spent in travel in the interest of the client will be charged at hourly rates, except that no more than 8 hours of travel time will be charged in any day, When it is necessary for an employee to be away from the office ovenright, actual casts, or a negotiated rate, will be charged for living expenses. Employee expenses will be charged at cost plus 15%. Chazges for expert witness services will be at the hourly rates shown, Howover, for depositions and for court appearances, the rate is twice the amount shown.. There will be a 4-hour minimum per-day charge for depositions and an 8-hour minhtwm per-day. charge for court appearances. Special accowtting services will be billed at the Support Staff rate, CONIVIUNICATIONS CIIARGE: Four percent {4%) of Labor charges for routine photocopying, regular mail postage, and fax/telephone/cellular phone usage, OUTSIDE SERVICES: Outside services will be charged at cost plus 15%. Common outside items include; Consultants, drilling services, laboratory testing, equipment urd vehicle rental, printing and photograpluc work, postage and shipping, conference calls, Navel and h•tutsportation. REIMBURS ARLES: Non routine Photocopies $0, l2/sheet Specialized Computer Applicatiotts $25.OOftiour Field equipment, vehicles, specialized reproduction On request INVOICES: Invoices will be rendered at least monthly, either as a fmal or partial billing, and. will be payable upon receipt. An additional late payment charge of l t/2% per month or the maximum charge allowed by law, whichever is less, will be payable on accounts not paid within 30 days from billing date. Geornahix Gortsultants is an Equal Opporrurtity/Affr»rative Action Ernp(oyer, and ns such adheres to a1T applicaGle federal, stnte, and local laws and regulations in this regnr•d. G\finn Mgmftcorporate\schedules of chargesLSCHOPCHG-l-25.08_FNAL.doc cage s of ~