5 - City of Campbell Underground Utility Locating RequestsMEETING DATE: 10/03/11
ITEM NO:
COUNCIL AGENDA REPORT
DATE: SEPTEMBER 19, 2011
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: AUTHORIZE THE TOWN MANAGER TO EXECUTE A FOURTH
AMENDMENT TO THE AGREEMENT BETWEEN THE TOWN OF LOS
GATOS AND THE CITY OF CAMPBELL THROUGH JUNE 30, 2013 TO
PROVIDE SERVICES FOR UNDERGROUND UTILITY LOCATING
REQUESTS
RECOMMENDATION:
Authorize the Town Manager to execute a fourth amendment (Attachment 1) to the agreement
(Attachment 2) between the Town of Los Gatos and the City of Campbell through June 30, 2013
to provide services for underground utility locating requests.
BACKGROUND:
• As an owner/operator of underground utilities (street lights, and traffic signal facilities), the
Town of Los Gatos is obligated by law to locate these facilities whenever there is construction
activity in the vicinity. The Town of Los Gatos does not have adequate staffing resources (in-
house) to provide this service and has contracted with the City of Campbell for the performance
of this service.
The City of Campbell has been providing this service for the Town of Los Gatos since 2006 at a
cost of $75 per Underground Service Alert (USA) request. Staff has been satisfied with the
quality of service that the City of Campbell has provided. The rate charged by the City of
Campbell, at $75 per USA inspection, is much more competitive than other electrical contractor
charges which can be in excess of $150 per site for USA marking services.
PREPARED BY: TODD CAPURSO
Director of Parks and Public Works
Reviewed by: Assistant Town Manager Q, Town Attorney Finance
N:\PPW\MANAGEMENT\COUNCIL\COUNCIL REPORTS\2011 Reports\October 3\city of campbe11.4TH.amend.to.agreement.docx
PAGE 2
SEPTEMBER 19, 2011
MAYOR AND TOWN COUNCIL
SUBJECT: FOURTH AMENDMENT TO THE AGREEMENT WITH THE CITY OF
CAMPBELL FOR UNDERGROUND UTILITY SERVICES
DISCUSSION:
On June 19, 2006, the Town Council authorized the Town Manager to execute an agreement
with the City of Campbell to provide construction inspection services on a temporary basis not
to exceed $40,000. This agreement was justified due to the high volume of inspections and the
absence of an Engineering Inspector who was on medical leave for an extended period of time.
On November 11, 2006, the Town Council approved the first amendment to the original
agreement between City of Campbell and Town of Los Gatos to include underground utility
locating services at a cost of $65 per USA inspection.
On December 17, 2007, the Town Council approved a second amendment to the agreement to
increase the cost for underground utility locating services from $65 to $75 per USA inspection.
On August 3, 2009, the Town Council approved a third amendment to the agreement to extend
the length of the contract to June 30, 2011 at the continued rate of $75 per USA inspection.
Staff from both the Town of Los Gatos and the City of Campbell agree that this has been a
successful working relationship and has been beneficial to both organizations. As a result, staff
recommends that the contract be amended to allow for this work to continue as a collaborative
effort of both cities.
CONCLUSION:
Staff recommends that the Town Council authorize the Town Manager to enter into a fourth
amendment to the agreement with the City of Campbell to continue to provide underground
utility locating services through June 30, 2013.
ENVIRONMENTAL ASSESSMENT:
This project is defined under CEQA, and is categorically exempt under section 15301.
FISCAL IMPACT:
The Town's fee schedule covers the actual cost of providing underground utility locating
services as part of the encroachment permit process. This fee is paid for by applicants who
obtain an encroachment permit. There are no additional costs to the Town.
Attachments:
1. Fourth amendment to original. Agreement (Attachment 1)
2. Original Agreement dated July 11, 2006 with the City of Campbell for underground
utility locating services.
FOURTH AMENDMENT TO AGREEMENT
This FOURTH AMENDMENT TO AGREEMENT is entered into this day of
, 2011, by and between the Town of Los Gatos, State of California, herein called
"Town," and the City of Campbell, herein called "City."
RECITALS
A. Town and City entered into an Agreement to provide Construction hnspection Services in
the Town of Los Gatos on July 11, 2006, a copy of which is attached hereto and
incorporated herein by reference.
B. On November 11, 2006, the Town and City entered into a first amendment to the
Agreement to provide underground utility locating services at a cost of $65 per inspection
until June 30, 2007.
C. On December 17, 2007, the Town and City entered into a second amendment to the
Agreement to increase the fee for underground utility locating services at a cost of $75
per inspection until June 30, 2009.
D. On August 3, 2009, the Town and City entered into a third amendment to the Agreement
to provide underground utility locating services at a cost of $75 per inspection until June
30, 2011.
AMENDMENT
1. The term of the Agreement is hereby extended to June 30, 2013.
2. All other terms and conditions of the Agreement remain in full force and effect.
Attachment 1
IN WITNESS WHEREOF, the Town and City have executed this fourth amendment to
the Agreement.
Town of Los Gatos, by:
Greg Larson, Town Manager
City of Campbell, by:
Larry Iaquinto, Public Works
Maintenance Superintendent
70 North First Street
Campbell, CA 95008
(Signature) (Signature)
Recommended by:
Todd Capurso (Print Name)
Director of Parks and Public Works
Approved as to Form:
Judith Propp, Town Attorney
ATTEST:
Mazarin Vakharia, Clerk Administrator
CLERK DEPARTMENT
AGR Q*3 Ck
IHH
CONSTRUCTION INSPECTION SERVICES
AGREEMENT �M T RESO
This Ab eement entered into on , is between the CITY OF
CAMPBELL (CITY), a municipal corporation, and the TOWN OF LOS GATOS (TOWN).
RECITALS
TOWN is authorized to enter into an Agreement with CITY to provide constriction
inspection services for various TOWN projects.
TOWN is prepared to authorize CITY to provide constriction inspection services. The
various services to be performed ("SERVICES") are listed in the Scope of Work,
attached hereto as Attachment A.
In order to assist TOWN with the implementation of its projects, CITY is willing, at
TOWN's sole expense, to provide the SERVICES.
TOWN and CITY do mutually desire to cooperate in the area of construction inspection
and desire to specify herein the terms and conditions udder which the SERVICES will be
provided.
NOW, THEREFORE, the parties agree as follows:
AGREEMENT
SECTION 1
TOWN S7IA.LL:
A. - Provide CITY with necessary regulations, policies, procedures, manuals, standard plans
and specifications and other standards required to define the• quality and scope of
SERVICES.
B. Work with CITY to assure that required TOWN procedures are followed.
C. Bear all costs for SERVICES, as set forth in the Rate Schedule attached hereto as
Attaclunent B.
D. Provide prompt review and approval, as appropriate, of submittals by CITY.
E. Reimburse CITY within 30 days after receipt of each billing associated with the
SERVICES.
ATTACHMENT 2
SECTION II
CITY SHALL:
A. Perform SERVICES utilizing, CITY's staff and. in accordance with TOWN's laws, rules,
regulations, policies, procedures, manuals, standard plans and specifications, and other
standards .as provided by TOWN in accordance with Section LA, of this Agreement, All
SERVICES are to be subject to ongoing review by TOWN. TOWN shall have the right
to interview and approve or reject personnel providedby CITY for each project. CITY
shall have the right to decline to perform any particular SERVICE requested because of
staffing or other considerations.
B. Prior to convnencement of SERVICES, establish a separate account or accounts to
accumulate charges for all work performed on behalf of TOWN pursuant to this
Agreement,
C, Submit signed itemized invoices, no .more often than once monthly, for costs to be borne
by TOWN with specific details of all costs incurred during the period of the invoice,
which period shall be a mininatiun of one month. Invoices will meet format and content
requirements specified' by TOWN. Each invoice shall be submitted to TOWN's Project
•Coordinator for approval and forwarding to the appropriate Accounting Office for
payment.
D. Submit a final report of expenditures, in the same format and detail as the invoices
described in Section II.C. of this Agreement within thirty (30) days after completion of
SERVICES.
E. Retain all books, documents, papers, accounting records, and other evidence pertaining to
costs incurred, including support data for cost proposals, and make such materials
available at the offices of CITY at all reasonable times during the contract period and for
three years from the date of final payment under this Agreement. TOWN shall have
access to any books, records, and documents of CITY that are pertinent to this Agreement
for audits, examinations, excerpts, and transactions. CITY shall furnish copies of said
documents if requested by TOWN. CITY shall be reimbursed by TOWN for all costs
incurred by CITY in providing requested information,
F, Be responsible for the personnel costs and obligations associated with the staff it assigns
to perform the SERVICES, including base salary, overtime salary and' fringe benefits, •
Workers' Compensation, retirement, and discipline.
SECTION III
A. All obligations of parties under the terms of this Agreement are subject to the
appropriation of sufficient resources by TOWN for each individual project for which the
SERVICES are requested. TOWN shall not request SERVICES until the necessary funds
have been appropriated,
B. TOWN shall reimburse CITY for all costs incurred by CITY for SERVICES in
accordance with the Rate Schedule set forth in Attachment B. CITY may update the Rate
Schedule on an annual basis beginning one year from the date of execution of the
Agreement. The total cost reimbursement payable by TOWN to CITY under this
Agreement shall not exceed $ 40,000 (Forty thousand dollars),
C. The parties shall each designate a Project Coordinator through whom all communications
between the two parties will occur, The TOWN Project Coordinator will be responsible
for any necessary review of the work of CITY during performance of SERVICES and
approval of invoices for payment as submitted by CITY.
D, Upon completion of each individual project under this Agreement, ownership and title to
all reports and documents produced as part of SERVICES will automatically be vested in
TOWN and no further agreement will be necessary to transfer ownership to TOWN.
E. Neither TOWN nor any officer or employee thereof is responsible for any damage or
liability occurring by reasons of negligent or willful misconduct by CITY under or in
connection with any work, authority or jurisdiction delegated to CITY under this
Agreement. Pursuant to Govennnnent Code Section 895,4, CITY shall fully defend,
indemnify and save harmless TOWN and its officers and employees from all claims, suits
or actions of every name, kind and description brought for or on account of injuries or
death to any person or damage to property resulting from any negligence or willful
misconduct in connection with anything done or omitted to be done by CITY under or in
conneetion with any work, authority or jurisdiction delegated to CITY under this
Agreement,
F. Neither CITY nor any officer or employee thereof shall be responsible for any damage or
liability occurring by reasons of negligent or wi11fi11 misconduct by TOWN under or in
connection with any work, authority or jurisdiction delegated to TOWN under this
Agreement. Pursuant to Government Code Section 895.4, TOWN shall defend,
indemnify and save harmless CITY and its officers and employees from all claims, suits •
or actions of every name, kind and description brought for or on account of injuries to or
death of any person or damage to properly resulting from any negligence or willful
misconduct in connection with anything done or omitted to be done by TOWN under or
in connection with any work, authority or jurisdiction delegated to CITY under this
Agreement.
No axiendnieirt to this Agreement shall be valid unless made in writing and signed by the
parties hereto, No oral understanding or agreement not expressly incorporated herein
shall be binding on either of the parties hereto.
IJ. Either party may terminate this Agreement upon written notice to the other party, At the
time of termination, CITY will be paid for work performed through and including the
date of receipt of the noticed termination in accordance with the terms of this Agreement.
All documents, including raw data prepared up to the time of termination shall become
the property of TOWN.
I, Except as otherwise provided herein, this Agreement shall terminate on June 30, 2007.
J. Any notice served pursuant to this Agreement shall be personally delivered or sent by
first class U.S. mail or by overnight courier promising overnight delivery to the
following:
CITY:
TOWN:
City of Campbell
Michelle Quinney, City Engineer
70 North First Street
Campbell, CA 95008
Town of Los Gatos
Kevin Rohani, Town Engineer
110 East Main Street
Los Gatos, CA 95032
Notice shall be effective on the date of receipt of personal delivery or certified U.S. mail
or three days after mailing by regular U.S. mail or on the date promised for delivery by
an overnight courier, whichever is earlier.
K. This Agreement includes the following attachments, which are incorporated herein by
reference:
Attachment A:
Attachment B:
Scope of Services
Rate Schedule
J:\mq\Los Gatos Agr•mnt ro Const rnspec Servs.doe
ATTACHMENT A
SCOPE OF WORK
CITY will provide construction inspection services as set forth. below:
1 Cl'1 Y will provide one or more construction inspectors as requested by TOWN. The
SERVICES shall consist of general construction inspection unless defined more specifically,
in writing, for each assignment. The inspector(s) will report directly to the TOWN Engineer,
or as otherwise designated.
2. In general, the SERVICES shall include, without limitation, field observation of construction
activity, preparation of daily reports, and coordination with outside agencies and citizens if
necessary.
Senior Public Works Inspector
FY 05-06
$65.83/hr. (regular)
$93.21/hr, (overtime)
Public Works Inspector
FY 05-06
$62.07/hr. (regular)
$87.71/hr, (overtime)
ATTACHMENT B
RATE SCHEDULE
FY 06.07
$68.15/hr, (regular)
$96,26/hr, (overtime)
FY 06-07
$64.29/hr, (regular)
S90,60/hr. (overtime)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the /j 94" day of . u�d. , 200‘.
TOWN OF Los GATOS, by: CITY OF CAMPBELL, by:
Debra J. Figone, Town Mai ger
RECOMMENDED BY;
C &vim
Iola Curtis
Dir ctr of Parks and Public Works
APPBi2VED AS TO FORM:
ry P. Korb, Town Attorney
ATTEST:
Mar yn is riu en, Clerk
Administrator
Town of Los Gatos
Robert Kass, Director of Public Works
70 North First Street
Crmphr11, CA c)5()0R
MEETING DATE: 6/19/06
ITEM NO. C
COUNCIL AGENDA REPORT
DATE: JUNE 14, 2006
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGER
SUBJECT: AGREEMENT FOR CONSTRUCTION INSPECTION SERVICES
ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO
EXECUTE AN AGREEMENT BETWEEN THE TOWN OF LOS GATOS
AND THE CITY OF CAMPBELL FOR CONSTRUCTION INSPECTION
SERVICES ON A TEMPORARY BASIS NOT TO EXCEED $40,000
RECOMMENDATION:
Adopt resolution authorizing the Town Manager to execute an agreement (Exhibit A) between the
Town of Los Gatos and the City of CamPbell for Construction Inspection Services on a temporary
basis not to exceed $40,000.
BACK9ROUND:
The Town of Los Gatos requires construction inspection services on a temporary basis due to the
volume of inspections and the absence of an Engineering Inspector that has been on medical leave
for an extended period of tirne.
DISCUSSION:
The Town will soon experience a substantial increase in inspection needs due to the construction of
several large Capital Improvement Program projects that will occur this summer.
The proposed agreement between Los Gatos and Campbell represents another step forward in
partnering to deliver municipal services.
PREPARED BY: (JpHN E. CURTIS
irector of Parks and Public Works
Reviewed by: 1� Assistant Town Manager `Town Attorney Clerk Administrator
Finance Community Development Revised: 6/14/06 2:14 pm
Reformatted: 5/30/02
N:1B&FACOUNCIL REPORTS 1agr,ci ty.of.campbeli.engr,inspection.serviccs, 61906.wpd
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MAYOR AND TOWN COUNCIL
SUBJECT: AGREEMENT FOR CONSTRUCTION INSPECTION SERVICES
TUNE 14, 2006
CONCLUSION:
It is recommended that the Town Manager authorize and execute an agreement with the City of
Campbell for construction inspection services on a temporary basis.
ENVIRONMENTAL ASSESSMENT:
There is no environmental assessment.
FISCAL IMPACT:
The Town of Los Gatos will pay for all services received in accordance with the payment terms
specified in the accompanying agreement, Funding for these services is available from the
Engineering Program's budget, from expected staff salary savings in the 5030 program due to a
current staff out on medical leave. If a budget adjustment is deemed necessary, staff will report
revised staffnig needs at mid -year.
Attaclunents:
Resolution authorizing an agreement with the City of Campbell for construction inspection
services (with Exhibit A - Agreement and Scope of WorldRate Schedule)
Distribution:
Michelle Quinney, City of Campbell, 75 North Central Avenue, Campbell, CA 95008
y:- m E' E mAl _ I Win:
TOWN OF Los GATOS
CLERK DEPARTMENT
Stine 20, 2006
City of Campbell
Michelle Quinney, City Engineer
70 North First Street
Campbell, CA 95008
Crvrc CBN mR
110 P. MAIN STREET
P.O. Box 949
Los Gnros, CA 95031
RE: AGREEMENT FOR CONSTRUCTION INSPECTION SERVICES. AGRt06,062
Dear Sirs:
Enclosed is the original agreement with the Town ofLos Gatos relating to Construction
Inspection Services shared with the City of Campbell. Please be kind enough to sign the
document on page 8 and return to my attention. When the document has been signed by the
Town, I willbe happy to provide a copy for your records, if requested. The original document
will be located in the Clerk Department and can be referenced by the AGR number listed above.
If you have any questions, or if we can be of any further service, please do not hesitate to contact
me at 408)354 6834.
•Sincerely
Sacki D. Rose, CMC
Depity Clerk
JDR
Eno
cc PPW, Millie Spearth
Txrrnnnnnemen /SiTr, rnmlf7 IQQ7
INTEROFFICE MEMORANDUM AGREEMENT PROCESS
PARKS AND PUBLIC WORKS DEPARTMENT
DATE SI URE
Routing: 11.1 06 Department Head
CIerk's Office, Processing
Vendor Name: City of Campbell Vendor No.: CAM10
Contact: Michelle Quinney, City Engineer
Address: 70 North First Street, Campbell, CA 95032
a. Business License:
Yes, License Number: (A/a ut )
No, Requires Finance Department to Follow up:
D.arler—Ritulrwill�ill
6h /06-
b. Program/Project Expenditure Account: Program 5030
c. Insurance (11 H and Expiration Date): Jackie Rose will process
6/19/06
SUBJECT:
Agreement for Construction Inspection Services between the Town of Los Gatos and the City of
Campbell.
BACKGROUND:
The agreement is for construction inspection services on a temporary basis due to the volume of
inspections and the absence of an Engineering Inspector that has been on medical leave for an
extended period of time.
DISCUSSION:
Attached for your signature is a copy of an agreement between the Town of Los Gatos and the
City of Campbell.
See attached Council report of June 19, 2006.
FISCAL IMPACT:
Funding for these services is available from the Engineering Program's budget, from expected
staff salary savings in the 5030 program due to a current staff out on medical leave.
NAME N TLLIRAGR.RGUTElagtroule.city of enmpbcll.inspeedmi services.wpd
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