Staff Report. Kier & Wright - First Amendment
PREPARED BY: Gary Heap
Town Engineer
Reviewed by: Town Manager, Town Attorney, Finance Director, and Parks and Public Works Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 06/06/2023 ITEM NO: 9
DATE: May 22, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a First Amendment to the
Agreement for Consultant Services with Kier and Wright Civil Engineers and
Surveyors, Inc. to Provide Services as the “Acting Town Surveyor” for Various
Land Development Mapping Services, Extending the Term to June 30, 2024
RECOMMENDATION:
Authorize the Town Manager to execute a First Amendment to the Agreement for Consultant
Services with Kier and Wright Civil Engineers and Surveyors, Inc. (Attachment 1) to provide
services as the “Acting Town Surveyor” for various land development mapping services,
extending the term to June 30, 2024.
BACKGROUND:
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
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 and final maps; legal descriptions and
plats for lot line adjustments, easements, and rights-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.
Several 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.
PAGE 2 OF 3 SUBJECT: Authorize the Town Manager to Execute a First Amendment to the Agreement for Consultant Services with Kier and Wright Civil Engineers and Surveyors, Inc. to Provide Services as the “Acting Town Surveyor” for Various Land Development Mapping Services, Extending the Term to June 30, 2024 DATE: March 22, 2023
BACKGROUND (continued):
In 2018, the Town Council authorized a five-year agreement with Kier and Wright Civil
Engineers and Surveyors, Inc. (Exhibit A) to serve as the Town’s Surveyor, which will expire June
30, 2023.
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. The
Engineering Division has staff shortages and currently does not have the staff capacity to issue a
new Request for Qualifications (RFQ) prior the expiration of the current agreement term.
DISCUSSION:
In addition to their previous experience completing challenging mapping services for the Town,
Kier and Wright has a total of 12 California registered land surveyors on staff and available to
assist the Town with complicated land development applications. This contract extension to
June 30, 2024 will allow Kier and Wright to continue to review and sign the development maps
and other land development documents, allowing engineering staff to develop a new RFQ and
put a new contract with a qualified firm into effect by July 1, 2024.
CONCLUSION:
Authorize the Town Manager to execute a First Amendment to the Agreement for Consultant
Services with Kier and Wright to provide services as the “Acting Town Surveyor” for various
land development mapping services extending the term to June 30, 2024.
FISCAL IMPACT:
This agreement is based a cost recovery activity as part of the development review process in
which the Town uses fees and deposits collected from various development applications to pay
for these services.
The original agreement was written with a ‘not to exceed’ amount of $125,000; however, the
First Amendment will reflect the following for compensation language:
Compensation for Consultant’s professional services shall not exceed the established hourly
rates and payment shall be based upon Town approval of each task.
PAGE 3 OF 3 SUBJECT: Authorize the Town Manager to Execute a First Amendment to the Agreement for Consultant Services with Kier and Wright Civil Engineers and Surveyors, Inc. to Provide Services as the “Acting Town Surveyor” for Various Land Development Mapping Services, Extending the Term to June 30, 2024 DATE: March 22, 2023
ENVIRONMENTAL ASSESSMENT:
The proposed agreement and related services are not a project defined under CEQA, and no
further action is required.
Attachments:
1. First Amendment with Exhibit A - Agreement for Consultant Services with Kier & Wright Civil
Engineers and Surveyors, Inc., and Exhibit B - Rate Sheet