07 Staff Report - Amendment to Agreement With City of Campbell~pW N OF
~os.os COUNCIL AGENDA REPORT
DATE: OCTOBER 31, 2006
MEETING DATE: 1116106
ITEM NO: 1-1
TO: MAYOR AND TOWN COUNCIL',,
FROM: DEBRA J. FIGONE, TOWN MANAGER
SUBJECT: AMENDMENT TO THE AGREEMENT WITH THE CITY OF CAMPBELL
ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO
EXECUTE AN AMENDMENT TO THE AGREEMENT FOR
CONSTRUCTION INPSECTION SERVICES BETWEEN THE TOWN OF LOS
GATOS AND THE CITY OF CAMPBELL TO INCLUDE UNDERGROUND
UTILITY LOCATING SERVICES AT A COST OF $65.00 PER INSPECTION
RECOMMENDATION:
Adopt resolution authorizing the Town Manager to execute an amendment (Exhibit A) to the
agreement (Exhibit B) for Construction Inspection Services between the Town of Los Gatos and
the City of Campbell to include underground utility locating services at a cost of $65.00 per
inspection.
BACKGROUND:
As an owner/operator of underground utilities, the Town of Los Gatos is obligated by law to
locate these services whenever there is construction activity in their vicinity.
The Town of Los Gatos has been using Republic Electric to assist in the marking of underground
electric and traffic lines. This is a specialty work and few firms perform this service due to its
cost and liability. Staff has been satisfied with the quality service Republic Electric has provided,
however this firm is not able to provide this service to the Town at this time at a competitive
cost. Republic Electric's agreement expired on September 30, 2006.
PREPARED BY: JHN E. CUR TIS
or of Parks and Public Works
NAME\COUNCIL REPORTS\city of campbell.amend.to.agree.I 1606.doc
Reviewed by:_ - ~~Assistant Town Manager Town Attorneym..
Clerk Administrator Finance A munity Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: AMENDMENT TO THE AGREEMENT WITH THE CITY OF CAMPBELL
OCTOBER 31, 2006
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 due to the volume of inspections and the absence of an Engineering Inspector
who was on medical leave for an extended period of time. Staff has worked with the City of
Campbell to explore the possibility of utilizing their crew to mark the underground electric and
signal conduits for Los Gatos. The City of Campbell has offered to provide this service at a price
of $65/per USA inspection.
The previous contract that Los Gatos had for this service was for $50/per USA inspection. The
rate offered by the City of Campbell at $65/per USA inspection is more competitive than other
electrical contractor charges, in excess of $100/per USA inspection for Underground Service
Alert marking.
CONCLUSION:
Staff recommends approval of the attached resolution authorizing the Town Manager to enter
into an amendment to the agreement with the City of Campbell to include the marking of
underground storm drain, electric, signal interconnect, and Town owned fibre optics in Los
Gatos until June 30, 2007. This contract and agreement will be reviewed at that time by both
agencies to ensure both parties are being served well by its terms and conditions. The Town of
Los Gatos, as a part of a fee update in early 2007, will need to increase the cost of encroachment
permits issued by the Town to cover cost increases for USA marking.
ENVIRONMENTAL ASSESSMENT:
This project is defined under CEQA, and is categorically exempt under section 15301.
FISCAL IMPACT:
The Town's current fee schedule in effect July 1, 2006 allows the Town to charge a set rate of
$50.00 for this service. An adjustment in the fee schedule will be made during the overall Town
fee schedule update in early 2007 to allow the fee charged for this service to increase with the
cost of the service to the Town.
Attachments:
Resolution authorizing an amendment (Exhibit A) to the original agreement (Exhibit B) with the
City of Campbell
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AMENDMENT TO THE
AGREEMENT FOR CONSTRUCTION INPSECTION SERVICES BETWEEN THE TOWN
OF LOS GATOS AND THE CITY OF CAMPBELL TO INCLUDE UNDERGROUND
UTILITY LOCATING SERVICES AT A COST OF $65.00 PER INSPECTION
WHEREAS, the City of Campbell is providing Construction Inspection Services
to the Town of Los Gatos on a temporary basis, at a cost not to exceed $40,000; and
WHEREAS, it is in the best interest of the Town of Los Gatos to contract with
The City of Campbell for underground utility locating services at this time; and
WHEREAS, the Town Council has selected the City of Campbell to provide
underground utility locating services at a cost of $65.00 per inspection until June 30, 2007; and
NOW, THEREFORE, IT IS RESOLVED that the Town Council of the Town
of Los Gatos hereby approves the attached Amendment to the Agreement (Exhibit A) with the
City of Campbell until June 30, 2007 to provide underground utility locating services in the
Town of Los Gatos; and
BE IT FURTHER RESOLVED that the Town Manager is hereby authorized and
directed to execute said Amendment to the Agreement on behalf of the Council.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 6th day of November, 2006 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
AMENDMENT TO AGREEMENT
This AMENDMENT TO AGREEMENT is entered into this day of
November, 2006, 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 Inspection Services in
the Town of Los Gatos on July 11, 2006 ("Agreement"), a copy of which is attached
hereto and incorporated herein by reference.
AMENDMENT
1. Section II of the Agreement is hereby amended to include underground utility locating
services at a cost of $65.00 per inspection until June 30, 2007.
2. All other terms and conditions of the Agreement of July 11, 2006 remain in full force and
effect.
IN WITNESS WHEREOF, the Town and City have executed this amendment to the
Agreement as of the date indicated on page one (1).
By: Town of Los Gatos, By: City of Campbell
Debra J. Figone Michelle Quinney, City Engineer
70 North First Street
Campbell, CA 95008
(Signature) (Signature)
Recommended by:
John E. Curtis
Director of Parks and Public Works
Approved as to Form:
Orry P. Korb, Town Attorney
ATTEST:
Jackie Rose, Clerk Administrator
(Print Name)
EXHtBIT A
CLERK DEPARTMENT
AGR L~1L; tl 42
IHH
CONSTRUCTION INSPECTION SER C-E-S
AGREEME1` T C
RE
This Agreement entered into on is between the CITY OF
CAMPBELL (CITY), a municipal corporation, and the TOWN OF LOS GATOS (TMA N).
RECITALS
(1) TOWN is authorized to enter into an Agreement with CITY to provide construction
inspection services for various TOWN projects.
(2) TOWN is prepared to authorize CITY to provide construction inspection services. The
various services to be perfornied ("SERVICES") are listed iii the Scope of Work,
attached hereto as Attachment A.
(3) In order to assist TOWN with the implementation of its projects, CITY is willing, at
TOWN's sole expense, to provide the SERVICES.
(4) TOWN and CITY do mutually desire to cooperate in the area of constriction inspection
and desire to specify herein the terms and conditions under which the SERVICES will be
provided.
NOW, THEREFORE, the parties agree as follows:
AGREEMENT
SECTION I
TOWN SHALL:
A. Provide CITY with necessary regulations, policies, procedures, manuals, standard plans
and specifications and other standards required to define the duality 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 ill the Rate Schedule attached hereto as
Attaclu-nent 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 uwith the
SERVICES.
EXHIBIT B
SECTION II
CITY SHALL:
A. Perform SERVICES utilizing CITY's staff and in accordance with TO-N's laws, rules,
regulations, policies, procedures, manuals, standard plans and specifications, and other
standards as provided by TO-\A7N in accordance with Section I.A. 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 provided by 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 con7mencement 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 nlinimtium 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 Acco-ulting Office for
payment.
D. Submit a final report of expenditures, in the same format and detail as the invoices
described in Section H.C. of this Agreement within thirty (30) days after completion of
SERVICES.
E. Retain all boobs, documents, papers, accounting records, and other evidence pertaining to
costs incurred 1nCILld111g support data for cost proposals, and lmake such materials
available at the offices of CITY at all reasonable tunes 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, exarminations, excerpts, and transactions. CITY shall furnish copies of said
documents if requested by TMATN, CITY shall be reimbursed by TOWN for all costs
incurred *by CITY in providing requested information.
F. Be responsible for the persorln.el costs and obligations associated with the staff it assigns
to perform the SERVICES, including base salary, overtime salary and fringe benefits,
Workers' Conr.pensation, retirement, and discipline.
SEC'T'ION 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 incuui-red by CITY for SERVICES in
accordance with the Rate Schedule set forth in Attachment B. CITY may update the Rate
Schedule on an aruiual 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 illl-ough 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 perfoiniance 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
TO-\A/'N 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 Govenunent 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
comitction 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 willful misconduct by TOWN under or in
cozulection with any work, authority or jurisdiction delegated to TOWN under this
Agreement. Pursuant to Goveriuuent Code Section 895.4, TOWN shall defend,
indemnify and save harmless CITY and its officers and einpl.oyees from all claims, suits
or actions of every name, kind and description brought for or on account of injuries to 01'
death of any person or damage to property resulting from any negligence or willful
misconduct in cozui_ection with anything done or omitted to be done by TOWN under or
in com7ectI with any work, authority or jurisdiction delegated to CITY under this
Agreement.
G. No aniendmen.t to tllis Agreeinent shall be valid unless made in writing and signed by the
parties hereto. No oral understanding or ag.-eci-nent not expressly incorporated herein
shall be binding on either of the parties hereto.
TI. Either party may terminate this A i-eenient upon writini notice to the otbe;, party. At the
tine of termination, CITY will be paid for tivork pezformed 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.
1. 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: City of Campbell
Michelle Quinney, City Engineer
70 North First Street
Campbell, CA 95008
TOWN: 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: Scope of Services
Attachment B: Rate Schedule
J:AmgALos Gatos Agrmnt re Const Inspec Servs.doc
III WITNESS HEREOF, the partie
the e day of
L
TOWN OF Los GATOS, by:
AMUAG~L4k,
Debra J. Fiaone, Tow Manager
s hereto have executed this Agreement as of
20
CITY OF CAMPBELL, by:
obert Kass, Director of Public Works
70 North First Street
RECOMMENDED BY;
John urtis
Direc~ui of Parks and Public Works
APPROVED AS TO FORM:
O orb, Town Attorney
ATTEST:
Marlyn lt/.st'O's`se"., Clerk
Administrator
Town of Los Gatos
ATTACHMENT A
SCOPE OF WORK
CITY will provide construction inspection services as set forth below:
1. CITY 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.
ATTACHMENT B
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)
RATE S CHEDULE
'PV nV-n'7
$68.15/hr. (regular)
$96.26/hr. (overtime)
FY 06-07
$64.29/hr. (regular)
$90.60/hr. (overtime)