1999-006-Enter Into First Amendment To Agreement With Willdan Associates To Provide Town Engineering And Traffic Engineering ServicesRESOLUTION 1999 - 6
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO ENTER INTO FIRST
AMENDMENT TO AGREEMENT
WITH WILLDAN ASSOCIATES TO PROVIDE
TOWN ENGINEERING AND TRAFFIC ENGINEERING SERVICES
WHEREAS, the Town Council desires to continue to utilize consultant services for a
variety of Town Engineering and traffic engineering services; and
WHEREAS, due to the uniqueness and special expert knowledge, qualifications and
experience required to provide these services, and the inability of the Town to provide these
services due to a lack of professional staff, the Town chose the firm of Willdan Associates, and
entered into an agreement to provide those services; and
WHEREAS, the Town and Willdan Associates find it mutually agreeable to amend certain
Paragraphs of the agreement, as outlined below:
1. Paragraph 6.A. Compensation For general administrative and regularly occurring
weekly activities provided by the Division Manager, Town (City) Engineer, Traffic
Engineer and Senior Engineer, the fee is to be based on an hourly rate of $75,
effective April 1, 1997.
2. Paragraph 6.E. Compensation Consultant Shall invoice Town monthly for
services rendered and Town shall pay Consultant within 30 days of receiving the
invoice(s). Invoice(s) shall be sent to: Finance Department, Town of Los Gatos,
P.O. Box 949, Los Gatos, CA 95031 -0949. The invoice(s) shall also reference
the Purchase Order Number assigned by the Town.
3. Paragraph 9. Project Manager. The Project Manager for the Consultant for the
work under this Agreement shall be Scott Alman, a Registered Civil Engineer,
California License No. 48104.
4. Paragraph 10. Responsible Individual. The individual directly responsible for the
performance of the duties of and appointed to as the Town Engineer for purposes
WSHARETLN1 -19.11
of Section 66442 and 66450 of the Government Code and as above set forth shall
be Scott Alman, a Registered Civil Engineer, California License No. 48104 or his
successor. The individual directly responsible for the performance of the duties of
and appointed the Town Traffic Engineer as above set forth shall be Mark Wessel,
a Registered Traffic Engineer, California License No. 1469, and a Registered Civil
Engineer, California License No. 38933 or his successor. Upon mutual agreement
of the Town, Consultant may substitute other individuals in the above capacities
as responsible individuals. One or more Deputy Town Engineers or Traffic
Engineers may be designated by the responsible individuals upon approval of the
Town.
5. Paragraph 12. Notices. Any notice required to be given shall be deemed to be
duly and property given if mailed postage repaid, and addressed to:
To Town: Town of Los Gatos
Planning Department
P.O. Box 949
Los Gatos, CA 95031 -0949
To Consultant: Willdan Associates
609 Gregory Lane, Suite 200
Pleasant Hill, CA 94523
or personally delivered to Consultant to such address or such other address as
Consultant designates in writing to Town.
RESOLVED, by the Town Council that the TOWN OF LOS GATOS enter into
Amendment to Agreement with Willdan Associates to provide general civil and traffic engineering
services as the Town Engineer and Town Traffic Engineer. This agreement is titled Amendment
to Agreement (Exhibit A).
FURTBER RESOLVED, by the Town Council that the Town Manager is authorized and
directed to execute the attached amendment to agreements for Town engineering and Town traffic
engineering consultant service document in the name and in behalf of the TOWN OF LOS
GATOS .
WSHARETLNI -19.11
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 19th
day of January, 1999 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Joe Pirzynski,
Mayor Jan Hutchins
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
ATTEST:
--n )
CLERK OF THE TOWN OF LOS TOS
LOS GATOS, CALIFORNIA
NASHARETLN1 -19.11
ATOS
FIRST AMENDMENT TO AGREEMENT
WITH WILLDAN ASSOCIATES
JFFtCp '0p 1 F- TOWN CLERK
AGk
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/9RD —
REC-,
FOR TOWN ENGINEERING AND TRAFFIC ENGINEERING x e F 913 < '�f
CONSULTING SERVICES
This AMENDMENT TO AGREEMENT is entered into this
day of
, 1999, by and between the Town of Los Gatos, State of California, herein
called "TOWN," and Willdan Associates, herein called "CONSULTANT."
RECITALS
A. TOWN and CONSULTANT entered into an agreement entitled "Agreement for Town
Engineering and Traffic Engineering Consultant Services" on August 18, 1993
( "AGREEMENT "), a copy of which is attached hereto as Attachment 1 and incorporated
herein by reference.
B. It has been over five (5) years since TOWN and CONSULTANT entered into
AGREEMENT. Since that time, CONSULTANT has performed the desired services at the
same hourly rate as specified in the original AGREEMENT. CONSULTANT and TOWN
have agreed that an increase is in order.
AMENDMENT
1. As specified in Paragraph 21, the following provisions of AGREEMENT are amended:
Paragraph 6. A. Compensation For general administrative and regularly occurring
weekly activities provided by the Division Manager, Town (City) Engineer, Traffic
Engineer and Senior Engineer, the fee is to be based on an hourly rate of $75,
effective April 1, 1997.
Paragraph 6. E. Compensation Consultant Shall invoice Town monthly for services
rendered and Town shall pay Consultant within 30 days of receiving the invoice(s).
Invoices) shall be sent to: Finance Department, Town of Los Gatos, P.O. Box 949,
Los Gatos, CA 95031 -0949. The invoice(s) shall also reference the Purchase Order
Number assigned by the Town.
Paragraph 9. Project Manager. The Project Manager for the Consultant for the work
under this Agreement shall be Scott Alman, a Registered Civil Engineer, California
License No. 48104.
Paragraph 10. Responsible Individual. The individual directly responsible for the
performance of the duties of and appointed to as the Town Engineer for purposes of
Section 66442 and 66450 of the Government Code and as above set forth shall be
Scott Alman, a Registered Civil Engineer, California License No. 48104, or his
successor. The individual directly responsible for the performance of the duties of
NADEVURISMW E.LDAN. AMN
Page 2
First Amendment to Agreement
and appointed the Town Traffic Engineer as above set forth shall be Mark Wessel,
a Registered Traffic Engineer, California License No. 1469, and a Registered Civil
Engineer, California License No. 38933, or his successor. Upon mutual agreement
of the Town, Consultant may substitute other individuals in the above capacities as
responsible individuals. One or more Deputy Town Engineers or Traffic Engineers
may be designated by the responsible individuals upon approval of the Town.
Paragraph 12. Notices. Any notice required to be given shall be deemed to be duly
and property given if mailed postage repaid, and addressed to:
To Town: Town of Los Gatos
Planning Department
P.O. Box 949
Los Gatos, CA 95031 -0949
To Consultant: Willdan Associates
609 Gregory Lane, Suite 200
Pleasant Hill, CA 94523
or personally delivered to Consultant to such address or such other address as
Consultant designates in writing to Town.
2. All other terms and conditions of AGREEMENT dated August 18, 1993 remain in full force
and effect.
IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment to
Agreement as of the date indicated on page one (1).
TOWN OF LOS GATOS
David W. Knapp
Town Manager
ATTEST:
Marian V. Cosgrove
Town Clerk
Approved as to Form:
Orry P. Korb
Town Attorney
NADEWRISMWILLDANAMN
WILLDAN ASSOCIATES
Win S. Westfall, P.E.
Vice President/Regional Manager
TOWN CLOW
AGR•
�
IHN:
AGREEMENT FOR TOWN ENGINEERING AND TRAFFIC ENGINEERING,GONSULTANT SERVICES
THIS AGREEMENT is entered into this day of / , 19? a, by and
between the Town of Los Gatos, State of California, herein lied the "Town ", and
WILLDAN ASSOCIATES, engaged in providing defined Town engineering and traffic
engineering consulting services, herein called the "Consultant ".
RECITALS
A. The Town is considering undertaking activities to provide a variety of Town
engineering services as well as traffic engineering services.
B. The Town desires to engage an engineering consultant to provide consulting services
in conjunction with performing engineering duties and traffic studies 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.
D. In consideration of the mutual covenants, benefits and premises herein stated, the
parties hereto agree as follows: Town, pursuant to the authority set forth in
California Government Code Section 36505, does hereby appoint Consultant, in a
contractual capacity, to perform the below listed services in accordance with the
terms and conditions hereinafter set forth; with the authorities, responsibilities and
consideration ordinarily granted to an officer of the Town.
AGREEMENTS
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Scope of Services. The Consultant shall provide the following services listed below.
TOWN ENGINEERING SERVICES
A. Town does hereby appoint Consultant to undertake the following
responsibilities:
B. Administrative Duties
1. When directed, attend Town Council, and Planning Commission
meetings.
2. Provide special engineering reports regarding such matters as
assessment district formation, annexations, developer fees, etc.
3. Attend staff level meetings with the Town staff, public officials,
SM03 \MISC \WILLDAN,AGR Page 1 of 10
ATTACHMENT 2
community leaders, developers, contractors and the general public.
4. When directed, review and comment on planning programs and land
development controls.
5. When directed, recommend regulations and ordinances pertaining to
engineering matters.
6. When directed, supervise the accounting of State Highway Users Funds
from the standpoint of meeting State requirements for the expenditure
of such funds.
8. Upon Town's request, advise the Town as to engineering and
construction financing available from other governmental agencies and
when so directed, prepare and initiate application for such funding.
9. Establish working relationships and coordination with other public
agencies, County Departments and private utilities involving engineering
matters affecting Town.
C. Development Review
1. Perform the statutory functions of Town Engineer pertaining to the
review and checking of land divisions.
2. Review tentative maps and other submittals for land divisions for
proposed developments and make recommendations as to engineering
matters.
3. Check all improvement plans for facilities under the jurisdiction of
Town.
4. Establish performance, labor and material bond amounts, when
required, and require the posting of such securities and other
development fees within the proper time sequence of such development
review.
6. Provide such necessary and related functions as are the normal practice
of Town in the Town Engineering review of private developments.
D. Permits and Inspection
1. As a Town Official, provide on an as- needed basis a representative
at Town Hall to handle permits and other engineering related matters
at the public counter.
2. As a Town Official, receive and process permit applications.
4. Check plans and specifications and provide construction administration
and observation for Town projects designed by others as requested.
TRAFFIC ENGINEERING SERVICES
A. General Town does hereby appoint Consultant the Traffic Engineer.
B. Administrative Duties:
SMMMISCMUDAMAGR Page 2 of 10
1. Attend Town Commission and Council meetings as requested or
specific traffic related projects and considerations.
2. Upon request, conduct investigations and prepare reports regarding
requests for traffic control device installations and modifications; such
as, traffic signals, stop signs, parking regulations, speed zones,
channelization, crosswalks, pedestrian and bicycle facilities.
3. Upon request, develop recommendations for corrective measures at
locations experiencing accident rates higher than would normally be
anticipated.
4. Upon request, assess the potential traffic impacts associated with
proposed development and redevelopment projects. Identify mitigation
measures and recommend traffic- related requirements and conditions
of approval.
5. Upon request, prepare grant applications for funding from Federal,
State and Regional agencies for traffic safety studies and improvements.
6. Upon request, advise, support and assist Town departments,
committees, commissions and Council. In addition, provide an interface
with Regional and State transportation agencies. Assist in the
preparation of traffic- related portions of the Town's operational and
capital improvement budgets.
7. Upon request, assist in the establishment and subsequent modification
of the Town traffic ordinance and development fees and assessment
fees for capital improvements and maintenance.
8. Upon request, prepare plans, specifications and estimates and provide
contract administration and construction observation for traffic safety
projects including geometric and channelization improvements, traffic
signal installations and modifications, street and safety lighting
installations and modifications, and traffic signing, striping and
pavement marking improvements.
OTHER MISCELLANEOUS SERVICES
Town may from time -to -time have the need for other services not specifically
listed in this agreement for which Consultant has the necessary experience and
capabilities to provide. Town, or the Redevelopment Agency may authorize
Consultant to perform such selected services on an as- needed basis.
2. Time of Performance. The services of the Consultant are to commence upon the
execution of this Agreement.
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 represents and warrants to Town
that Consultant shall, at its sole cost and expense, keep in effect or obtain at all
SM03 \MISC \WILLDAN.AGR Page 3 of 10
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.
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 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 pursuant to this Agreement are confidential
until released by the Town 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 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.
6. Compensation. Compensation for Consultant's professional services shall be
based on the following:
A. For general administrative and regularly occurring weekly activities
provided by the Senior Engineer and Traffic Engineer, the fee is to be based
upon the hourly rate of $55 for Senior Engineer services and $70 for Traffic
Engineer services.
B. For plan checking services, compensation to Consultant shall be 7517o of the
fee collected by the Town, lump sum.
C. For special services such as reports, designs, or other services not described
elsewhere, Consultant shall be compensated on a lump sum, based upon a
mutually agreed scope of services, schedule and fee.
D. On special services, not easily definable as to work scope, schedule and fee,
Consultant shall be compensated based upon hourly rates as mutually agreed
Town and Consultant.
E. Consultant shall invoice Town monthly for services rendered and Town
shall pay Consultant within 30 days of receiving the invoice(s).
Consultant shall review the appropriate ordinances and fee schedules in effect by
the Town and shall provide to the persons designated by the Town for collection
of fees, the amount of such fees to be collected. Billing shall be accompanied by
SM03 \MISC \W1LLDAN.AGR Page 4 of 10
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.
7. Facilities and Records
Town shall provide reasonable and appropriate space for conducting the duties set
forth in this Agreement. Consultant shall assemble and maintain in this space
such records as are customarily maintained by a Town in carrying out the duties
covered herein. Such records are and at all times shall be the property of the
Town.
Depending upon the details of the transfer of these functions from the Town to
Consultant, Consultant shall obtain only those existing records that are necessary
for the performance by Consultant of the duties set forth in this agreement.
Consultant shall assemble these records in an orderly fashion and store same, for
at least three years at the Town Hall, and copies may be stored in a mutually
agreed upon location so that they may be reasonably available to the public. or to
the officials of Town as required.
8. 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 the Town at the Consultant's offices during business hours upon
written request of the Town.
9. Project Manager. The Project Manager for the Consultant for the work under
this Agreement shall be R. Dennis Delzeit, a Registered Civil Engineer,
California License No. 22340.
10. Responsible Individual. The individual directly responsible for the performance
of the duties of and appointed the Town Engineer for purposes of Section 66442
and 66450 of the Government Code and as above set forth shall be Jeff Perko, a
Registered Civil Engineer, California License No. 44907. The individual directly
responsible for the performance of the duties of and appointed the Town Traffic
Engineer as above set forth shall be Mark Wessel, a Registered Traffic Engineer,
License No. 1469, and a Registered Civil Engineer, License No. 38933. Upon
mutual agreement of the Town, Consultant may substitute other individuals in the
above capacities as responsible individuals. One or more Deputy Town Engineers
or Traffic Engineers may be designated by the responsible individuals upon
approval of the Town.
11. 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.
SM03 \MISC \WILLDAN,AGR Page 5 of 10
12. 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: Town of Los Gatos
Planning Department
P.O. Box 949
Los Gatos, CA 95031
To Consultant: Willdan Associates
6140 Stoneridge Mall Road
Suite 340
Pleasanton, CA 94588
or personally delivered to Consultant to such address or such other address as
Consultant designates in writing to Town.
13. 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. 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 such litigation is
brought by Consultant or is based on allegations of Consultant's negligent
performance or wrongdoing.
14. Conflict of Interest. Consultant understands that its professional responsibilities is
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. 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
SM03 \MISC \WILLDAN.AGR Page 6 of 10
promptly sever this employment relationship.
15. 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.
16. Insurance.
A. . 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 with a two million dollar
($2,000,000) aggregate for liability arising out of this Agreement.
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.
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:
i. The Town, its officers, officials, employees and Town designated
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.
SM03 \MISC \WILLDAN.AGR Page, 7 of 10
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 Town designated 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 Town designated 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 items 16.A.i, ii and iii
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.
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 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.
17. Indemnification. The Consultant shall save, keep and hold harmless 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
willful misconduct or a negligent act or omissions of the Consultant, or any of the
Consultant's officers, employees, or agents or any subconsultant. Town shall save,
keep and hold harmless, indemnify, and defend Consultant, its officers and
employees from all damages, liabilities, penalties, costs, or expenses in law or
equity that may arise or be set up because of damages to property or personal
injury received by reason of, or in the course of Consultant's performance under
this Agreement that is not proximately caused by willful misconduct, negligent acts
or omissions, breach of this Agreement, or violation of law by the Consultant or
its officers, employees, agents, or subconsultants, or conduct by one or more of
these persons for which strict liability is imposed by State or Federal law.
18. Waiver. No failure on the part of either party to exercise any right or remedy
SM03 \MISC \WILLDAN.AGR Page, 8 of 10
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.
19. 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 or Municipal Court of either
the County of Santa Clara or the County of San Mateo.
20. 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 (15)
days 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 pursuant to Exhibit A 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.
21. 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.
22. Disputes. In any dispute over any aspect of this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees, as well as costs not to exceed
$7,500 in total.
23. Entire Agreement. 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 party.
SM03 \MISC \WILLDAN.AGR Page 9 of 10
IN WITNESS WHEREOF, the Town and Consultant have executed this
Agreement as of the date indicated on page one (1).
Town of Los Gatos
7
avid W. Knapp, Town &iager Consultant: �-
Town of Los Gatos
Willdan Associates
Print Name
R. Dennis Delzeit - Vice President
Title
ATTEST:
Clerk- of the Town of Los Gatos, Approved as to Form:
Los Gatos, California
�1
Mariah . r ve, Town Clerk rry derson, Town Attorney
i
SM03 \MISC \WILLDAN.AGR Page 10 of 10
SENT BY :WILLDAN ASSOCIATES X12 -28 -98 ; 6 :11PM c Pleasant Hill-* 14083547593;#
WILLDAN ASSOCIATES M ENGINEERS & PLANNERS
ProfGSSlOnpl Consulting Servlces Slnc® 1964
December 23, 1998
Mr. �ee Bowman
Planning Director
Town of Los Gatos
110 East Main Street
Los Gatos, CA 95030
Subject: Addendum to Consultant Services Contract for Town Engineering Services
Dear Lee
Thank you for this opportunity to bring our request for a contract adjustment and addendum before
you and the Town. Wilidan Associates is and has been very pleased to be under contract to the
Town of Los Gatos as your Town Engineer and Town Traffic Engineer. Willdan Associates began
providing these services to the Town in 1993.
The scope of services described in our contract involves three areas of service, each with a
separate and distinct compensation schedule. The three areas and fee schedules are as follows:
I. Development Review Billed hourly at $55.00 /hr. - Town Engineer, and at
Services $75,00 /hr - Town Traffic Engineer,
2. Plan Check Services Baled at 75% of the plan check fee collected by the Town.
3, Special Projects Each assignment's budget is approved by the Town and
Purchase orders are issued on a task by task basis.
As we have not adjusted our fee rates since the beginning of the contract, our request for this
contract adjustment and addendum is to increase one of the hourly billing rates charged for
development review services. We are requesting an increase In the rate charged for the Town
Engineer to $75.00/hr. All other fees and contractual provisions would remain the same.
Based on a recent request from a project applicant to provide a third party Building and Safety
plan check for the Town, we also request that the Plan Check Services portion of our existing
contract be expanded to include Building and Safety plan checks at the prescribed 75% of Town
fee collected.
Thank you In advance for your kind consideration of this request.
Very truly yours
Willd Associates
Win S. Westfall, P.E.
Vice President/Regional Manager
ATTACHMENT 3
609 GREGORY LANE, SUITE 200, PLEASANT HILL, CALIFORNIA W23 - (510) 258.7801 - (800) 952 -2020 9 FAX (510) 934-5088