Item 14 Staff Report Adopt Resolution Authorizing the Town Manager to Sign Agreements for Traffic Engineering Consulting ServicesTOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: August 27, 1992
TO: MAYOR AND TOWN COUNCIL
FROM: TOWN MANAGER
COUNCIL AGENDA
DATE: 9/8/92
ITEM NO.
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SUBJECT: ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO SIGN AGREEMENTS
FOR TRAFFIC ENGINEERING CONSULTING SERVICES
RECOMMENDATION:
Adopt the attached resolution authorizing the Town Manager to execute agreements for traffic engineering
consulting services.
BACKGROUND:
On August 20, 1990, the Town Council adopted Resolution 1990-173 authorizing the execution of
agreements with selected traffic engineering consultants. The selection process included distribution of
RFP's and a review of each respondent's qualifications. Interviews were subsequently conducted and a final
list of Town approved traffic consultants was established.
DISCUSSION:
Staff is satisfied with the current list of Town approved consultants. It is anticipated that there will be an
ongoing need for their services, as there will continue to be a significant number of development applications
which will require a traffic study. The current agreements are outdated and require revision, due to the
reorganization of the Engineering Department.
CONCLUSION:
Adopt the attached resolution authorizing the Town Manager to execute revised agreements for traffic
engineering consulting services, as recommended.
FISCAL IMPACT:
None. Traffic study costs are borne by the applicant.
PREPARED BY: LEE E. BOWMAN/(
PLANNING DIRECTOR
LEB:JPG:1kj Revised: 8/27/92 4:58 pm
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ATTACHMENTS:
1. Resolution
2. List of Town Approved Traffic Consultants
Reviewed by: /�a_ Attorney Clerk Finance Treasurer
COUNCIL ACTION/ACTION DIRECTED TO:
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE EXECUTION OF AGREEMENTS FOR
TRAFFIC STUDIES
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara,
State of California, that the TOWN OF LOS GATOS enter into Agreements for Traffic
Studies with DKS Associates, Crane Transportation Group, Environmental Science
Associates, Inc., Pang and Associates, Inc., RGM Associates, RKH Civil and Transportation
Engineering, The Wilson Engineering Co., Design Engineers Group, and TJKM
Transportation Consultants.
FURTHER RESOLVED, by the Town Council of the Town of Los Gatos, that the
Town Manager is authorized and directed to execute the attached agreement (Exhibit A)
for Traffic Studies with each of the nine consultants, in the name and in behalf of the
TOWN OF LOS GATOS.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos this th day of
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
A1"I'EST:
, 1992 by the following vote:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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rACHMENT 1
fl
AGREEMENT FOR TRAFFIC ENGINEERING CONSULTING SERVICES
THIS AGREEMENT is entered into this day of , 19
by and between the Town of Los Gatos, State of California, herein called the "Town", and
, engaged in providing traffic engineering consulting services
herein called the "Consultant".
RECITALS
A. The Town desires to engage a traffic Consultant to provide the following services
in connection with determinations on the traffic impacts of proposed projects or
developments.
B. Said traffic consultant is qualified to furnish such services in accordance with the
terms and conditions hereinafter set forth;
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Scope of Services. The Consultant shall provide the below listed services.
a. Prepare traffic studies, as defined in the approved scope of work for each
project.
b. There is no promise of any maximum or minimum number of traffic study
assignments. During the term of the Agreement, the Consultant will prepare
the traffic studies, as the Town requests. Further, the Consultant knows the
Town may assign some or all studies to other Consultants.
c. Projects will be assigned by the Town and will be due within thirty (30) days
of assignment.
d. If the Consultant cannot meet the project schedule or deadline he/she shall
inform the Town before accepting the assignment. If the Consultant delays
the assignment in an unreasonable manner or causes a violation of any time
requirement of any statute or regulation, the Town will notify the Consultant
in writing and either reassign the assignment or give written notice of
termination pursuant to Item No. 13 of this Agreement.
e. The Consultant shall meet and consult with members of the Town staff, visit
the project site, obtain information from the applicant and refer to all other
reasonably available resources for the traffic studies.
f. The Consultant shall submit three (3) draft copies of a preliminary traffic
study draft to the Town. The Town will review the preliminary draft within
fourteen (14) calendar days of receipt. The Consultant will then be advised
of any corrections or clarifications needed to complete the studies.
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Page 1 of 5
EnnlAli A
g•
The Consultant shall submit six (6) final copies of the completed traffic study
and any other supporting data used in the preparation of this study as
minimum requirements of this Agreement (said documents to be on 8-1/2"
x 11" paper, three -hold punched and clipped together in separate packets).
h. All final written documents and materials, as listed above, shall be submitted
to the Town by the Consultant within one week of receiving the Town's
comments on the preliminary draft (as described in Item No. f).
2. Time of Performance. The services of the Consultant are to commence upon the
execution of this Agreement and continue on an "as needed" basis until termination
of this Agreement, in accordance with Section 13 entitled, "Termination of
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 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 the Town of Los Gatos.
4. Confidential Information. 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
Town Manager, Town Planning Director or their designee or as required by law.
5. Town Property. 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.
6. Compensation. The compensation to be paid to the traffic engineering Consultant
including both payment for professional services, administrative overhead,
reproduction, and any reimbursable expenses shall be the amount specified in the
approved scope of work for each traffic study. Payment shall be made at the Town's
next issue of warrants following completion and delivery of the study and receipt of
billing. If after commencement of work, the Consultant determines that additional
services may be required to complete the assignment, the Consultant shall submit
a written request to perform additional services with a concise breakdown of
additional costs. The Town will review the request and will either provide approval
for the additional services and costs or advise the Consultant to continue without the
additional work. In no case will the compensation amounts be more than those
indicated without prior written notification and the subsequent approval by the Town.
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n
7. 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.
8. Conflict of 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.
9. Insurance.
A. Minimum Scope of Insurance:
Consultant agrees to have and maintain, for the duration of the
contract, a General Liability insurance policy 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 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 Exhibit "A".
B. General Liability:
The Town, its officers, officials, employees, commissions and boards
and volunteers are to be covered as insureds 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.
ii. The Consultant's insurance coverage shall be primary insurance as
respects the Town, its officers, officials, employees, commissions and
boards 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.
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iii. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the Town, its officers, officials, employees,
commissions and boards 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 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 with the Town
Clerk during the term of this agreement.
10. Indemnification. The Consultant shall save, keep and hold harmless indemnify and
defend the Town its officers, agent, employees, commissions and boards 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
or negligent act or omissions of the Consultant, or any of the Consultant's employees,
or any subconsultant. The Town will not be held liable for any accident, loss or
damage to the work prior to its completion and acceptance.
11. 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.
12. Governing Law. This Agreement, regardless of where executed, shall be governed
by and construed to the laws of the State of California.
13. 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, 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.
14. 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.
15. Disputes. In any dispute over any aspect of this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees, as well as all reasonable costs (not
limited to those allowed by statute).
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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.
IN WITNESS 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 Consultant
Town of Los Gatos
ATTEST:
Clerk of the Town of Los Gatos, Approved as to Form:
Los Gatos, California
Marian V. Cosgrove, Town Clerk Kat ine Anderton, Town Attorney
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LIST OF TOWN APPROVED TRAFFIC CONSULTANTS
DKS Associates
1956 Webster St., #300
Oakland, CA 94612
Crane Transportation Group
300 Taraval St.
San Francisco, Ca 94116
ESA (Environmental Science Assoc., Inc.)
760 Harrison St.
San Francisco, CA 94107
Pang & Associates
P.O. Box 4255
Mt. View, CA 94040
RGM Associates
P.O. Box 177
Los Altos, CA 94022
RKH Civil and Transportation Engineering
978 Desoto Ln.
Foster City, CA 94404
The Wilson Engineering Co.
70 Zoe St., Suite 110
San Francisco, CA 94107
Design Engineers Group
860 Faulstich Ct., Suite 100
San Jose, CA 95112-1361
TJKM Transportation Consultants
4637 Chabot Dr.
Pleasanton, CA 94588
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RESOLUTION 1992-161
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE EXECUTION OF AGREEMENTS FOR
TRAFFIC STUDIES
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara,
State of California, that the TOWN OF LOS GATOS enter into Agreements for Traffic
Studies with DKS Associates, Crane Transportation Group, Environmental Science
Associates, Inc., Pang and Associates, Inc., RGM Associates, RKH Civil and Transportation
Engineering, The Wilson Engineering Co., Design Engineers Group, and TJKM
Transportation Consultants.
FURTHER RESOLVED, by the Town Council of the Town of Los Gatos, that the
Town Manager is authorized and directed to execute the attached agreement (Exhibit A)
for Traffic Studies with each of the nine consultants, in the name and in behalf of the
TOWN OF LOS GATOS.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos this 8th day of September, 1992 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Brent Ventura,
Mayor Eric D. Carlson
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: /s/ Eric D. Carlson
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
A 1"PEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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September 8, 1992
Los Gatos, California
RESIGNATION/GENERAL PLAN COMMITTEE/STEPHEN M. RICE/COMMENDATION (11.20)
Motion by Mr. Ventura, seconded by Mr. Blanton that Council accept the resignation of Stephen
M. Rice from the General Plan Committee, adopt Resolution 1992-159 entitled, RESOLUTION
OF THE TOWN OF LOS GATOS COMMENDING STEPHEN M. RICE FOR HIS SERVICE
AS A MEMBER OF THE GENERAL PLAN COMMITTEE, and direct the Town Clerk to
advertise a vacancy on the General Plan Committee and schedule interviews with the Town
Council. Carried unanimously.
HISTORIC PRESERVATION/WORKSHOP/CO-SPONSOR/OCTOBER 3, 1992 (12.20)
Motion by Mr. Ventura, seconded by Mr.Blanton that Council adopt Resolution 1992-160
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AGREEING TO CO-SPONSOR A
CALIFORNIA PRESERVATION FOUNDATION WORKSHOP. Carried unanimously.
TRAFFIC ENGINEERING CONSULTANTS/DKS ASSOCIATES/CRANE TRANSPORTATION
GROUP/ENVIRONMENTAL SCIENCE ASSOCIATES, INC/ PANG & ASSOCIATES, INC/RGM
ASSOCIATES/RICH CIVIL/THE WILSON ENGINEERING CO/DESIGN ENGINEERS
GROUP/TJKM TRANSPORTATION CONSULTANTS/AGREEMENTS (14.38)
Motion by Mr. Ventura, seconded by Mr. Blanton that Council adopt Resolution 1992-161
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE
EXECUTION OF AGREEMENTS FOR TRAFFIC STUDIES. Carried unanimously.
LOS GATOS BLVD PROJECT/WIDENING/SAMARITAN DRIVE/LARK AVENUE/1993
TRANSPORTATION IMPROVEMENT PROGRAM/MATCHING FUNDS (15.38)
Motion by MR. Ventura, seconded by Mr. Blanton that Council adopt Resolution 1992-162
entitled, RESOLUTION OF THE TOWN OF LOS GATOS WITH REGARD TO LOS GATOS
FUNDS AND THE SURFACE TRANSPORTATION PROGRAM (STP) CONGESTION
MITIGATION FOR THE WIDENING OF LOS GATOS BOULEVARD FROM TWO TO FOUR
LANES FROM SAMARITAN DRIVE TO LARK AVENUE. Carried unanimously.
HOME RULE/INCREASE/LEAGUE OF CALIFORNIA CITIES (17.17)
Motion by Mr. Ventura, seconded by Mr. Blanton that Council adopt Resolution 1992-163
entitled, RESOLUTION OF THE TOWN OF LOS GATOS URGING THE LEAGUE OF
CALIFORNIA CITIES TO TAKE ALL STEPS NECESSARY TO INCREASE HOME RULE.
Carried unanimously.
INACTIVE ASSESSMENT DISTRICT FUNDS/AUTHORIZING CLOSE/JACKSON STREET
SEWER/CRESCENT HILLS/PARKING DISTRICT #1/1965 PARK BOND/PARKING DISTRICT
#2/PARKING DISTRICT #3/1973-1 CRESCENT HILLS/CENTRAL BUSINESS DISTRICT/LOS
GATOS BLVD. (18.41)
Motion by Mr. Ventura, seconded by Mr.Blanton that Council adopt Resolution 1992-164
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN
MANAGER TO CLOSE INACTIVE ASSESSMENT DISTRICT FUND. Carried unanimously.
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