Item 9 Staff Report Adopt Resolution Authorizing Town Manager to Enter into an Agreement with Wildan Associates for Engineering and Inspection Consultant ServicesDATE:
TO:
FROM:
SUBJECT:
MEETING DATE: 07/06/99
ITEM NO.
COUNCIL AGENDA REPORT
June 30, 1999
MAYOR AND TOWN
TOWN MANAGER
ADOPT RESOLUTION AUTHORIZING WN MANAGER TO ENTER INTO AN
AGREEMENT WITH WILLDAN ASSOCIA S FOR ENGINEERING AND INSPECTION
CONSULTANT SERVICES.
RECOMMENDATION:
Adopt resolution authorizing Town Manager to enter into an agreement with Willdan Associates for Engineering and
Inspection Consultant Services (Attachment 1).
BACKGROUND:
In March of 1999, Town Manager informed Council that staff had prepared a Request for Proposal (RFP) soliciting
Town Engineering and Inspection, Building Permit Plan Check and Inspection, and Traffic Engineering Consultant
Services for the next fiscal year and that an interview panel or committee would be required to review the proposals
received. Council formed a subcommittee consisting of Council Member Lubeck, Planning Commissioner Decker, and
Planning Director, to interview consultants and make recommendations to full Council regarding these services.
DISCUSSION:
On May 28, 1999, sub -committee interviewed seven fines that submitted proposals for the services noted. Based on the
proposal submitted and additional information from the interviews, sub -committee recommended that Town retain
Willdan Associates for Town Engineering & Inspection Services, LP2A- Linhart Petersen Powers Associates for
Building Permit Plan Check & Inspection Services, and TJKM Transportation Consultants for Town Traffic Engineering
Services. Attached to this report is a consultants' matrix of the experience and qualifications of each firm evaluated (See
Attachment 2).
ENVIRONMENTAL ASSESSMENT:
This action is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
The costs for engineering plan check services (e.g. grading and subdivision map plan checks) are entirely paid for by
permit plan check application fees that are charged directly to the project applicant. Consequently, these costs do not
have a fiscal impact to the General Fund. The Council subcommittee recommended that the Town continue to retain
Willdan Associates for these services. Willdan Associates will maintain its fees at the current rate of 75% of each plan
check fee as payment for its services.
PREPARED BY: PAUL L. CURTIS
DIRECTOR 0 COMMUNITY DEVELOPMENT
Reviewed by: 6 Attorney ( (U Finance Revised: 6/30/99 11:16 AM
Reformatted: 10/23/95
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: TOWN ENGINEERING AND INSPECTION SERVICES
June 30, 1999
The costs for engineering inspection services are paid for out of funds generated by development fees that are paid at
the time of permit issuance. These fees are paid directly by project applicants. Consequently, these costs do not have
a fiscal impact to the General Fund. The Engineering Inspection Division is currently unable to keep up with the high
volume of inspection requests. Willdan has the ability to supplement Town's inspection staff and will be compensated
based on the rate schedule attached to the proposed contract (Exhibit A of Attachment 1). The cost of these services will
be borne by project applicants.
Willdan Associates will continue to fulfill the duties and function of "Town Engineer" as required by State regulations
and Town Code. The costs for Willdan to provide a "Town Engineer" to the Town will be funded by development fees.
The proposed contract increases the cost for this service from $75.00 per hour to $100.00 per hour. The increased labor
costs reflect the current demand for qualified staff and funding to cover these increased costs will be development fees
and supplemented by funding in the 1999-2000 Operating Budget for three (3) vacant engineering positions.
Engineering and inspection services for a public project authorized by Town Council will be paid for by funds allocated
in the current 1999-2000 Fiscal Year Budget and the 1999-2004 CIP. Any costs for engineering and inspection services
incurred for projects funded by the Redevelopment Agency will be paid for by Redevelopment Agency funds allocated
in the Redevelopment Agency 1999-2004 CIP or as approved specifically by the Redevelopment Agency. The Town
and Redevelopment Agency entered into a Cooperative Agreement in January 1990 which enables the Town to provide
the Agency such technical services and other services as the Agency may require to carry out its functions under
California Redevelopment Law.
Attachments:
1. Draft Resolution authorizing Town Manager to enter into an agreement for Town
Engineering & Inspection Consultant Services (including Exhibit A- Contract)
2. Consultants Matrix.
PLC:EO
N:\DEV\CNCLRPTS\99CONSUL.TC 1
RESOLUTION
RESOLUTION OF TOWN COUNCIL OF TOWN OF LOS GATOS
AUTHORIZING TOWN MANAGER TO ENTER INTO AN AGREEMENT
WITH WILLDAN ASSOCIATES FOR ENGINEERING
AND INSPECTION CONSULTANT SERVICES
WHEREAS, Town Council desires to continue to utilize consultant services for Town
Engineering & Inspection; and
WHEREAS, due to the uniqueness and special expert knowledge, qualifications and
experience required to provide the services noted, and the inability of Town to provide these services
due to a lack of professional staff and a severe market shortage of qualified engineering professionals
available to hire, Town chose the firm of Willdan Associates to provide Town Engineering and
Inspection Services.
RESOLVED, by Town Council that TOWN OF LOS GATOS enter into an agreement
with Willdan Associates to provide Town Engineering & Inspection Services. This agreement is
titled Agreement for Town Engineering & Inspection Consultant Services (Exhibit A).
FURTHER RESOLVED, by Town Council that Town Manager is authorized and needed
to execute the attached agreement for Town Engineering & Inspection Consultant Services in the
name and in behalf of TOWN OF LOS GATOS.
N:\DEV\RESOS\99CON-1.RES
ATTACHMENT 1
PASSED AND ADOPTED at a regular meeting of Town Council held on the day of ,
by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N :\DE V\RESOS\99CON-1.RES
OF TilE TOWN CLERK
ESO / / lv
C`r
AGREEMENT FOR TOWN ENGINEERING AND INSPECTION
CONSULTANT SERVICES
THIS AGREEMENT is entered into this day of ,19, by and
between Town of Los Gatos, State of California, herein called "Town", and WILLDAN
ASSOCIATES, engaged in providing TOWN ENGINEERING AND INSPECTION consulting
services herein called "Consultant".
RECITALS
A. Town is considering undertaking activities to PROVIDE TOWN ENGINEERING AND
INSPECTION SERVICES FOR TOWN OF LOS GATOS.
B. Town desires to engage a TOWN ENGINEERING AND INSPECTION Consultant to
provide consulting services to FULFILL THE DUTIES AND SERVE AS TOWN
ENGINEER; REVIEW & COMMENT ON DEVELOPMENT APPLICATIONS;
PLAN CHECK GRADING, MAPPING, ENGINEERING, AND SUBDIVISION
APPLICATIONS/RECORDS/DOCUMENTS; PROVIDE ENGINEERING
INSPECTIONS PERSONNEL FOR PUBLIC AND PRIVATE PROJECTS; AND
EXPEDITE THE ISSUANCE OF GRADING AND ENCROACHMENT PERMITS,
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
pursuant to this Agreement.
AGREEMENTS
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
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Page 1 of 10
EXHIBIT A
4. Scope of Services. Consultant shall provide the following services listed below and the
additional duties noted in Exhibit A.
A. Administrative Duties
I. When needed by Town, attend Town Council, Planning Commission, and
special study session meetings (maximum of 5 meetings per month).
II. When needed by Town, provide special engineering reports regarding
such matters as assessment district formation, annexations, public/private
infrastructure, public/private improvements, structural integrity of
buildings/facilities, drainage, developer fees, etc.
III. As requested by Town, provide copies of draft and final draft work
products of all reports and studies prepared for Town. Consultant shall
provide electronic file copies of these documents in a WordPerfect 6.0 or
approved word processing software format via a 3 'h inch floppy disk
medium on an as needed basis.
IV. On a continuous basis, provide a dedicated telephone number with voice
mail messaging and pager service, exclusively for the purpose of Town
contacting Consultant's designated representative. Consultant shall ensure
that the designated representative shall return all telephone calls within a 24
hour period.
V. When needed by Town, attend staff level meetings with Town staff, public
officials, community leaders, developers, contractors and the general public
(maximum of 4 meetings per month).
VI. When needed by Town, review and comment on planning programs and
land development regulations/controls.
VII. When needed by Town, recommend regulations and ordinances pertaining
to engineering related matters.
VIII. When needed by Town, supervise the accounting of State Highway User
Funds and ensure compliance with State requirements for the expenditure
of such funds.
IX. Upon request of Town, advise Town as to engineering and construction
financing available from other governmental agencies and when so needed,
prepare and initiate application for such funding.
X. Contact and establish working relationships and coordination with other
public agencies, and private utilities involving engineering matters affecting
Town.
XI. When needed by Town, prepare plans, specifications and estimates, and
provide contract administration and construction inspection for public
improvement projects, including storm drainage and street widening
improvements.
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B. Development Review Functions
XII. At the discretion and request of the Director of Community Development
or designee, attend or have a designated representative attend each
Development Review Committee (DRC) meeting as "Town Engineer" and
prepare engineering/infrastructure related deficiency comments for each
assigned development project (maximum of 5 DRC meetings per month).
XIII. Provide copies of draft and fmal draft work products of all
comment/deficiency lists, reports, and studies prepared for Town.
Consultant shall provide electronic file copies of these documents in a
WordPerfect 6.0 or approved word processing software format via a 3 '
inch floppy disk medium on an as needed basis as requested by Town.
XIV. Perform the statutory functions of Town Engineer pertaining to the review
and approval of land divisions, certificates of compliance, and lot line
adjustments.
XV. Review tentative maps and other submittals for land divisions for proposed
developments and make comments and recommendations as to engineering
related matters, including but not limited to necessary infrastructure and
drainage improvements.
XVI. Review and plan check all improvement plans for facilities under the
jurisdiction of Town based on an agreed upon time schedule.
XVII. Review and plan check all submittals for grading permit applications
submitted to Town based on an agreed upon time schedule.
XVIII. 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 development review and in conformance with
applicable State regulations.
XIV. At the request of Town, provide the necessary and related engineering
functions as are required in the normal practice of Town in its Town
Engineering review of public/private development projects.
R. Permits and Inspection
XX.. At the request of the Director of Community Development or Director of
Parks and Public Works, Consultant shall provide on an as -needed basis,
a representative at Town Hall to process permits and other engineering
related matters at the public counter as a Town Official.
XXI. As a Town Official, receive and process permit applications based on an
agreed upon schedule.
XXII. At the request of the Director of Community Development or Director of
Parks and Public Works, Consultant shall check plans and specifications
and provide construction administration and observation for Town projects
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Page 3 of 10
as designed by others as requested.
XXIII. At the request of the Director of Community Development or Director of
Parks and Public Works, Consultant shall provide inspection personnel,
conduct inspections, and prepare inspection reports on an as needed basis.
Such work shall only be compensated on a time and materials basis.
C. Other miscellaneous services
XXIV. Town may occasionally have the need for other services not specifically
listed in this document 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 Consultant are for a fixed one year period that will
commence upon the execution of this Agreement. Town retains the option with the mutual
consent of Town Manager and Consultant to renew this Agreement for a maximum of three
optional years. Should Town not renew a this Agreement, the award and authorization of
this Agreement shall automatically expire. Town shall give Consultant at least 15 days
notice, prior to the cancellation or expiration of the contract.
3. Compliance with Laws. 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
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 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 the performance of its s>rvices 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 Consultant or Town without the written consent of Town before such release. Town
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acknowledges that the reports to be prepared by 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 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 not exceed the
amount authorized by Town Council in Town's Annual Operating Budget, and payment
shall be based upon Town approval of each task as noted in the Scope of Services and the
Consultant's Scope of Work (attached hereto as Exhibit "A" and incorporated by reference
herein). Compensation for each task shall not exceed the amount per task noted in the
Consultant's Schedule of Fees (attached hereto as Exhibit "B" and incorporated by reference
herein) or as noted in the Consultant's Schedule of Charges (attached hereto as Exhibit "C"
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. Billing invoices submitted for payment must reference Town
Purchase Order # ,and if applicable, the appropriate project address and Town Application
Number (e.g. 112 E. Main St./Grading Permit, G99-000001). 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.
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 949
Los Gatos, CA 95030
Statements: Town of Los Gatos
Attn: Sandy Ortiz
P.O. Box 949
Los Gatos, CA 95030 .
7. Availability of Records. Consultant shall maintain the records supporting this billing for not
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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 the Consultant for the work under this Agreement
shall be Scott D. Alman.
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:
To Consultant:
Paul L. Curtis
Director of Community Development
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95032
Fax: (408) 354-7593
Phone: (408) 354-6874
Scott D. Alman
Division Manager/Town Engineer
Willdan Associates
609 Gregory Lane, Suite 200
Pleasant Hill, CA 94523
Fax: (925) 934-5068
Phone: (925) 256-7601
Toll Free: (800) 952-2020
or personally delivered to Consultant to such address or such other address as Consultant
designates in writing to Town.
11. Independent Contractor. 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
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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 understands 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
the 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 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 employment relationship, and shall, at Town's sole discretion,
sever any such employment relationship.
13. 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.
14. Insurance.
A. Minimum Scope of Insurance:
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.
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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 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 Consultant; 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 volunteers. Any insurance or
self -insurances maintained by Town, its officers, officials, employees or
volunteers shall be excess 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.
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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. 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 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.
15. Indemnification. Consultant shall save, keep and hold harmless indemnify and defend 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 Consultant, or any of
Consultant's officers, employees, or agents or any subconsultant.
16. 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.
17. 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 the County of Santa Clara.
18. Termination of Agreement. Town and 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, 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 particular facts and circumstances involved in such termination.
19. Amendment. 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 prevailing party shall be
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entitled to reasonable attorney's fees, including costs of appeal.
21. Entire Agreement. This Agreement, including Exhibits A, B, & C, constitutes the complete
and exclusive statement of the Agreement between 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. The parties agree that agreement dated August 18, 1993 with Willdan
Associates for Engineering Services is hereby terminated except Traffic Consultant Services
will terminate on December 31, 1999.
IN WITNESS WHEREOF, Town and Consultant have executed this Agreement as of the
date indicated on page one (1).
Town of Los Gatos Consultant:
David W. Knapp, Town Manager Print Name
Town of Los Gatos
ATTEST:
Clerk of Town of Los Gatos,
Los Gatos, California
Marian V. Cosgrove, Town Clerk
Approved as to Form:
Orry P. Korb, Town Attorney
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Title
Page 10 of 10
EXHIBIT A
Consultant's Scope of Work
PLAN CHECK REVIEW SERVICES
Engineering Plan Review: Willdan will perform engineering plan checks and reviews to check
plans for compliance with the all applicable Federal, State, and Local regulations, standards, codes,
and criteria.
Comments Lists and Pick-up/Delivery: Plan reviews result in typed lists of comments which refer
to specific details and drawings, and reference applicable regulations, standards, and code sections.
Willdan will transport plans and comments to Town of Los Gatos in person, via FAX, and/or by a
reliable overland carrier pre -approved by both Willdan and Town of Los Gatos. Overnight delivery
will be provide by Willdan at no additional cost to Town of Los Gatos. As needed by Town,
Willdan will provide plan check comments and perform rechecks directly to (1) Town, or (2) the
applicant/designer, returning approved documents to Town after the plan review process is
completed.
Turn Around Schedules: Plan reviews will generally be completed/returned to Town of Los Gatos
within approximately ten (10) working days from the date that the plans are received by Willdan.
Other turn -around schedules will be accommodated at the request of Town of Los Gatos for a
predetermined fee amount. Larger, unusually complex plan reviews may require up to a fifteen (15)
day turn -around.
On -site Plan check Services: Upon the request of Town of Los Gatos, Willdan will perform on -site
plan review services on an as -needed basis or on a predetermined regular schedule.
Technical Support: Upon mutual agreement of Town of Los Gatos and Willdan, Willdan staff will
attend pre -construction or pre -design meetings, field visits upon request, provide support for field
inspection personnel, and assist with walk-in public inquires on an as -needed basis.
As determined by Town staff, Willdan will provide qualified staff to assist with answering public
inquiries regarding engineering related issues (e.g. grading information, map recording, survey
information, etc.) on an on -going "as -needed basis".
TOWN ENGINEER
Duties: Willdan will provide Scott D. Alman, P.E to serve as, and perform the duties of Town
Engineer for Town of Los Gatos on an "on -call" as -needed basis for a predetermined fee. Upon the
request of Town of Los Gatos, this may include attendance at public meetings, preparation of
reports, special studies, or other documents on an as -needed basis.
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EXHIBIT A
Staffing Town Meetings: When needed by Town, Willdan staff will attend staff level meetings with
Town staff, public officials, community leaders, developers, contractors and the general public on
an as -needed basis (maximum of 4 additional meetings per month) for a predetermined fee.
INSPECTIONS SERVICES
Willdan will provide engineering inspector(s) as requested by Town of Los Gatos. The scope of
inspection services to be provided will be defined as listed below or as defined uniquely for each
project or as mutually predetermined by Willdan and Town of Los Gatos. Inspector(s) will report
directly to the Director of Community Development or other designee by Town of Los Gatos for
all project -related work.
In general, the inspection services to be provided may include, but are not limited to, field
observations of all construction activity, preparation of daily reports, updating of inspection
records/logs, and other duties as assigned.
DEVELOPMENT REVIEW COMMITTEE STAFF SUPPORT
On an as -needed basis, Willdan will provide a staff member, on behalf of the Engineering
Department, to review and comment on applications submitted to Town's Development Review
Committee (DRC) for a predetermined fee. These duties may include, but are not limited to,
research, field observations, pre -permit application review, preparation of written comments, and
attendance of the weekly DRC meeting. Written comments may be submitted via FAX in -lieu of
attendance at the discretion of Town staff.
OTHER MISCELLANEOUS DUTIES
On occasion, Town may need for special tasks to be completed that are not expressly noted in the
Scope of Services for which Willdan is qualified to undertake. With the mutual consent of Willdan
and Town, Willdan will perform these tasks and be compensated on a time and materials basis.
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EXHIBIT B
Consultant's Schedule of Fees
PLAN CHECK REVIEW SERVICES
Basic Fees: For complete plan review projects performed in Willdan offices, fees will equal 75%
of the plan check fees collected by Town. For other special miscellaneous plan review projects,
fees will be based on the current Willdan hourly rate schedule and charges approved by Town
(Exhibit C).
Staffing Town Meetings: When needed by Town, Willdan staff will attend staff level meetings with
Town staff, public officials, community leaders, developers, contractors and the general public on
an as -needed basis for a fee based on the current Willdan hourly rate schedule and charges approved
by Town (Exhibit C).
Development Review Committee Attendance/Comments: For reviewing pending development
applications submitted to Town's Development Review Committee, Willdan's fees will be based
on the current Willdan hourly rate schedule and charges approved by Town (Exhibit C).
TOWN ENGINEER
Basic Fees: For completing tasks and performing duties required of Town of Los Gatos Town
Engineer, Willdan will be compensated at the hourly rate schedule and charges approved by Town
(Exhibit C).
Staffing Town Meetings: When needed by Town, Willdan staff will attend staff level meetings with
Town staff, public officials, community leaders, developers, contractors and the general public on
an as -needed basis for a fee based on the current Willdan hourly rate schedule and charges approved
by Town (Exhibit C).
INSPECTIONS SERVICES
Engineering Inspection Services will be provided for a fee based on the current Willdan hourly rate
schedule and charges approved by Town (Exhibit C).
OTHER MISCELLANEOUS DUTIES
Willdan will be compensated on a time and materials basis, using the current Willdan Schedule of
Charges approved by Town (Exhibit C).
N:IDEV\ERW IN\W LDN-CON.X-B
1 of 1
EXHIBIT C
Consultant's Schedule of Charges
Unless other arrangements have been made, charges to all projects including those continuing from
previous Schedule of Charges will be based on the latest Schedule of Charges approved by Town.
PERSONNEL CHARGES
Classification Hourly Billing Rate
ENGINEERING
Principal Engineer $100.00
Division Manager $100.00
Town Engineer $100.00
(Scott D. Alman, P.E.) $100.00
Project Director $100.00
Supervising Engineer $100.00
Senior Engineer $99.00
Senior Project Manager $99.00
Project Manager $90.00
Associate Engineer $80.00
Senior Designer (CADD) $90.00
Designer (CADD) $82.00
Assistant Engineer $66.00
Senior Designer $82.00
Senior Design Engineer $76.00
Design Engineer $66.00
Senior Drafter $66.00
Designer $65.00
Senior Drafter (CAD) $66.00
Drafter (CAD) $65.00
Drafter $54.00
Technical Aide $46.00
Supervisor -Public Works Observation $80.00
Senior Public Works Observer $73.00
Public Works Observer $63.00
SURVEYING
Surveying will be provided via a sub -consultant. Willdan will be reimbursed based on an
amount per assignment pre -approved by Town.
N:\DEV\ERWIN\W LDN-CON.X-C
1 of 3
EXHIBIT C
PERSONNEL CHARGES(Cont.)
Classification Hourly Billing Rate
PLANNING
Principal Planner
Senior Planner
Associate Planner
Assistant Planner
Planning Technician
Principal Community Development Planner
Senior Community Development Planner
Associate Community Development Planner
Assistant Community Development Planner
Community Development Technician
BUILDING
Supervising Plan Check Engineer
Plan Check Engineer
Senior Plans Examiner
Plans Examiner
Plans Examiner Aide
Supervisor -Building Inspection
Building Inspector
Senior Permit Specialist
Assistant Building Inspector
Permit Specialist
Building Official
Deputy Building Official
$105.00
$95.00
$80.00
$68.00
$48.00
$105.00
$95.00
$80.00
$68.00
$48.00
$98.00
$82.00
$79.00
$70.00
$45.00
$73.00
$63.00
$59.00
$52.00
$45.00
$98.00
$88.00
LANDSCAPE ARCHITECTURE
Services will be provided via a sub -consultant. Willdan will be reimbursed based on an
amount per assignment pre -approved by Town.
COMPUTER SERVICES
Computer Data Entry - $45.00
Personal Computer Time $15.00
Clerical $40.00
Word Processing $40.00
NOTE: The above schedule is for "straight time" (i.e. 8-hour day). Overtime will be
N:\DE V\ER W rN\W LDN-CON.X-C
2 of 3
EXHIBIT C
charged at 1.25 times the standard hourly rats. Sundays and holidays will be
charged at 1.70 times the standard hourly rats.
REIMBURSABLE EXPENSES
Willdan will provide back up documentation (e.g. receipts, invoices, logs, etc.) for any invoiced
miscellaneous charges. The following charges are in addition to personnel charges:
Charge/Service Cost
Travel Cost $.3 1 / mile
Facsimile $1.00 / page
Plotting $5.00 / sheet
Blueprinting, reproduction, messenger services, and printing will be invoiced at cost plus
fifteen percent (15%).
A subconsultant management fee of fifteen percent (15%) will be added to the direct cost
of all subconsultant services to provide for the cost of administration, consultation, and
coordination.
3 of 3
SUMMARY INFO
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CONSULTANT'
11 1(
ATTACHMENT 2
INTERNAL TRACKING
DEPTMENT:
AGENDA ITEM:
9 9-/"
-RE---SO/ORD NUMBER: / / 9 *— / v °Z
DATE
BY
CERTIFIED COPY TO PLANNING
PUBLISH IF REQUIRED - Date of Publication
ORDINANCES ONLY
_,./
WHEN SIGNATURE AND /s/ COPY (1 EACH) returned,
LIST ON SIGNATURE TRACKING & SEND TO MAYOR
��
MAIL TO DISTRIBUTION LIST
NO.of COPIES:
,9-.
PROOF OF MAILING PREPARED
SIGN BY CLERK/SEAL
ENTER INTO ECM ORDINANCE/RESOLUTION FILE
11JSTEO
FILE IN VAULT
CODIFICATION IF ORDINANCE !
.
clk:d20/ordres2
OFFICE OF THE TOWN CLERK
ORDINANCES & RESOLUTIONS
ORIGINATING DEFT:
COUNCIL AGENDA DATE:
COUNCIL AGENDA ITEM:
SUBJECT:
Number:
Date of Adopt:
RESOLUTION
/99 —1 2'
COUNCIL ACTION:
AYES:
NAYS:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS NAMES:
Number.
Date of Intro:
Date of Adopt:
ZONE CHANGE:
ORDINANCE
Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin
Mayor(or Chairman) RANDY AMWAY
ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK
BY WEDNESDAY AT 12 NOON.
ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION
RESOLUTION 1999 -102
RESOLUTION OF TOWN COUNCIL OF TOWN OF LOS GATOS
AUTHORIZING TOWN MANAGER TO ENTER INTO AN AGREEMENT
WITH WILLDAN ASSOCIATES FOR ENGINEERING
AND INSPECTION CONSULTANT SERVICES
WHEREAS, Town Council desires to continue to utilize consultant services for Town
Engineering & Inspection; and
WHEREAS, due to the uniqueness and special expert knowledge, qualifications and
experience required to provide the services noted, and the inability of Town to provide these services
due to a lack ofprofessional staff and a severe market shortage of qualified engineering professionals
available to hire, Town chose the firm of Willdan Associates to provide Town Engineering and
Inspection Services.
RESOLVED, by Town Council that TOWN OF LOS GATOS enter into an agreement
with Willdan Associates to provide Town Engineering & Inspection Services. This agreement is
titled Agreement for Town Engineering & Inspection Consultant Services (Exhibit A).
FURTHER RESOLVED, by Town Council that Town Manager is authorized and needed
to execute the attached agreement for Town Engineering & Inspection Consultant Services in the
name and in behalf of TOWN OF LOS GATOS.
S:\99CON-1.RES
PASSED AND ADOPTED at a regular meeting of Town Council held on the 6th day of
July,1999 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
Randy Attaway, Steven Blanton, Linda Lubeck, Joe Pirzynski,
Mayor Jan Hutchins
None
None
None
SIGNED: /s/ Jan Hutchins
MAYOR OF TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
/s/ Marian V. Cosgrove
CLERK OF TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
S:199CON-1.RES
Town Council Minutes July 6, 1999
Redevelopment Agency Los Gatos, California
TREASURER'S REPORT (05A.V)
Informational report submitted by the Treasurer to the Council for the month ended May 31,
1999, was received and filed.
MINUTES OF JUNE 21, 1999 (06.V)
Motion by Mr. Blanton, seconded by Mayor Hutchins, that Council approve the Minutes of
June 21, 1999 Joint Town Council/Redevelopment Agency Meeting as submitted. Carried
unanimously.
COMMENDATION/MARCIA JENSEN/PLANNING COMMISSION (07.20)
Motion by Mr. Blanton, seconded by Mayor Hutchins, that Council adopt Resolution 1999-100
entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING MARCIA JENSEN
FOR HER SERVICE TO THE TOWN AS A MEMBER OF THE PLANNING COMMISSION.
Carried unanimously.
PLANNING SERVICES/LEE BOWMAN/RESOLUTION 1999-101 (08.47)
Motion by Mr. Blanton, seconded by Mayor Hutchins, that Council adopt Resolution 1999-101
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO ENTER INTO AN AGREEMENT FOR PLANNING SERVICES WITH LEE
E. BOWMAN. Carried unanimously.
ENGINEERING CONSULTANT/WILLDAN ASSOCIATES/RESOLUTION 1999-102 (09.28)
Motion by Mr. Blanton, seconded by Mayor Hutchins, that Council adopt Resolution 1999-102
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO ENTER INTO AN AGREEMENT WITH WILLDAN ASSOCIATES FOR
ENGINEERING AND INSPECTION CONSULTANT SERVICES. Carried unanimously.
ELM ST/PARKING LOT 6/50 UNIVERSITY AVE/OAK TREE (10.09)
Motion by Mr. Blanton, seconded by Mayor Hutchins, that Council accept report and approve
the removal of the Oak tree on Elm Street adjacent to the new building closest to Parking Lot
6. Carried unanimously.
PLAYGROUNDS UNLIMITED/PRJ 9933/LA RINCONADA PARK/RESOLUTION 1999-103 (11.35)
Motion by Mr. Blanton, seconded by Mayor Hutchins, that Council adopt Resolution 1999-103
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF
PLAYGROUNDS UNLIMITED. INC. FOR PROJECT 9933 LA RINCONADA PARK
PLAYGROUND RENOVATION AND AUTHORIZE THE TOWN MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY
TOWN CLERK. Carried unanimously.
AMICUS BRIEF/TAHOE-SIERRA COUNCIL/TAHOE PLANNING AGENCY (12.10)
Motion by Mr. Blanton, seconded by Mayor Hutchins, that Council authorize the Town Attorney
to join the Town of Los Gatos in the amicus curiae brief in the case of Tahoe -Sierra
Preservation Council v. Tahoe Regional Planning Agency, United States Court of Appeals for
the Ninth Circuit, Case No. 99-15641, at no cost to the Town. Carried unanimously.
TC: D 11: MM070699
2