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05 Staff Report - City of Campbell Amendment~pW N 0 $y~~a4~lt~. } ' YY~ off ~o'p os COUNCIL AGENDA REPORT DATE: NOVEMBER 26, 2007 MEETING DATE: 12/17/07 ITEM NO: TO: MAYOR AND TOWN COUNCIL /9r, a/wj FROM: PAMELA JACOBS, INTERIM TOWN MANAGER SUBJECT: SECOND AMENDMENT TO THE AGREEMENT WITH THE CITY OF CAMPBELL ADOPT RESOLUTION AUTHORIZING THE INTERIM TOWN MANAGER TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND THE CITY OF CAMPBELL UNTIL JUNE 30, 2009 TO INCREASE THE FEE FOR UNDERGROUND UTILITY LOCATING SERVICES FROM $65.00 TO $75.00/PER USA INSPECTION RECOMMENDATION: Adopt resolution (Attachment 1) authorizing the Interim Town Manager to execute a second amendment (Exhibit A) to the agreement (Exhibit B) between the Town of Los Gatos and the City of Campbell until June 30, 2009 to increase the fee for underground utility locating services from $65.00 to $75.00/per USA inspection. BACKGROUND: As an owner/operator of underground utilities (storm drain, street lights, and traffic signal facilities), 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 does not have staffing resources to provide this service and had contracted with the City of Campbell for this service. The City of Campbell has requested a fee increase from $65.00 to $75.00/per Underground Service Alert (USA) inspection due to an increase in fuel and labor. Staff has been satisfied with the quality service that the City of Campbell has provided. The proposed rate offered by the City of Campbell at $75/per USA inspection is much more competitive than other electrical contractor charges, in excess of $135/per USA inspection for USA marking. r' PREPARED BY: KEVIN ROHANI Interim Director of Parks and Public Works N:AENGINEERING\COUNCIL REPORTS\city of campbell.amend.to.agree. 121707.doc Reviewed by: Assistan Town Manager _ -Town Attorney Clerk Administrator VA-Finance Community Development PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: SECOND AMENDMENT TO THE AGREEMENT WITH THE CITY OF CAMPBELL NOVEMBER 26, 2007 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. On November 11, 2006, the Town Council approved an amendment to the agreement to include underground utility locating services at a cost of $65.00/per USA inspection. The Town has addressed construction inspection needs internally and does not need the City of Campbell to provide this service. However, there is continued need for utility locating services by the City of Campbell. CONCLUSION: Staff recommends approval of the attached resolution authorizing the Interim Town Manager to enter into a second amendment to the agreement with the City of Campbell to increase the fee to $75.00 to provide underground utility locating services until June 30, 2009. ENVIRONMENTAL ASSESSMENT: This project is defined under CEQA, and is categorically exempt under section 15301. FISCAL IMPACT: The Town fee schedule covers the actual cost of providing underground utility locating services as a part of encroachment permit fee paid by applicants who obtain encroachment permits and there is no extra fee for the Town. Attachments: 1. Resolution authorizing a second amendment (Exhibit A) to the original agreement (Exhibit B) with the City of Campbell for underground utility locating services 2. First Amendment to the Agreement with the City of Campbell for underground utility locating services RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE INTERIM TOWN MANAGER TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND THE CITY OF CAMPBELL TO INCREASE THE COST OF UNDERGROUND UTILITY LOCATING SERVICES FROM $65.00 TO $75.00/PER USA INSPECTION WHEREAS, the City of Campbell is providing Underground Utility Locating Services at a cost of $65.00/per USA inspection; WHEREAS, The City of Campbell has requested a fee increase from $65.00 to $75.00/per USA inspection due to an increase in fuel and labor; WHEREAS, it is in the best interest of the Town of Los Gatos to contract with The City of Campbell at this time for underground utility locating services; and NOW, THEREFORE, IT IS RESOLVED that the Town Council of the Town of Los Gatos hereby approves the attached second Amendment to the Agreement (Exhibit A) with the City of Campbell until June 30, 2009 to provide underground utility locating services at a cost of $75.00/per USA inspection in the Town of Los Gatos; and BE IT FURTHER RESOLVED that the Interim 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 17th day of December, 2007 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 ATTACHMENT 1 SECOND AMENDMENT TO AGREEMENT This SECOND AMENDMENT TO AGREEMENT is entered into this day of , 2007, 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. B. On November 6, 2006, The Town and City entered into an amendment to the Agreement to provide underground utility locating services at a cost of $65.00 per inspection until June 30, 2007. AMENDMENT 1. Section III of the Agreement is hereby amended to increase the cost of underground utility locating services to $75.00 per inspection due to increased fuel and labor costs and to extend the term of the agreement to June 30, 2009. IN WITNESS WHEREOF, the Town and City have executed this second amendment to the Agreement as of the date indicated on page one (1). By: Town of Los Gatos, Pamela Jacobs By: City of Campbell Michelle Quinney, City Engineer 70 North First Street Campbell, CA 95008 (Signature) Recommended by: (Signature) Kevin Rohani (Print Name) Interim Director of Parks and Public Works Approved as to Form: Orry P. Korb, Town Attorney ATTEST: Jackie Rose, Clerk Administrator Exhibit A C,LGtCt~llt;~'Af;tiVl~,iV i. AGR IHH CONSTRUCTION INSPECTION SERVICES- AG EMENT REC RESO This Agreement entered into on is between the CITY OF CAMPBELL (CITY), a municipal corporation, and the TOWN OF LOS GATOS (TO ),TN), RECITALS (I) 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 performed ("SERVICES") are listed in the Scope of Work, attached hereto as Attacliment 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 construction inspection and desire to specify herein the terns 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 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 Attaclu-nent B. D, Provide prompt revievr and approval; as appropriate, of submittals by CITY. E. Reimburse CITY within 30 days after receipt of each billing associated with the SERVICES. EXHIBIT B SEC'T'ION 11 CITY SMALL; A. Perform SERVICES utilizing CITY's staff and in accordance with TO-WN's laws, rules, regulations, policies, procedures, manuals, standard plans and specifications, and other standards as provided by TOWN 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 core n7encement 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 montllly, 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 minimtun 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, doctiiments, 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 tlv-ee 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, excepts, and transactions. CITY shall furnish copies of said documents if requested by TOVATN. CITY shall be reimbursed by TOWN for all costs incurred by CITY in pro,,/iding requested information. F. Be responsible for the personnel costs and obligations associated with the staff it assigns to perforn the SERVICES, including base salary, overtime salary and fringe benefits, -Workers, Compensation, retirement, and discipline. SECTION ITT A. All obligations of parties tinder 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 necessal. 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 amlual 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 TU 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 willfill 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 Linder or in connection 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 willfill misconduct by TOWN under or in corurection with any work, authority or jurisdiction delegated to TOWN under this Agreement. Pursuant to Goveninrent Code Section 895.4, TOWN shall defend, indemnify and save harmless CITY and its officers and enipl.oyees 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 property resulting from any negligence or willful misconduct in connection with anything done or omitted to be done by TOWN under- or in cormection with any work, authority or jurisdiction delegated to CITY under- this Agreeni ent. G. No arncrndinent 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. H. Either party may terminate this Agi:eenient upon ,written notice to the other parity. 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: 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:\mq\Los Gatos Agrmnt re Const Inspec Servs.doc III WITNESS THEREOF, the parties hereto have executed this Agreement as of theme day of _ 20 TOWN OF Los GATOS, by: CITY OF CAMPBELL, by: DebraJ. Figone, TowManager obert Kass, Director of Public Works 70 North First Street RE, COMMENDED BY; A, , g-, John urtis Direc~ai of Parks and Public Works APPROVED AS TO FORM: O orb, Town Attorney ATTEST: './Is'%? Vii! Makyn g&se~, Clerk Administrator Town of Los Gatos CLERK AGR IHH AMENDMENT TO AGREEMENT ORD This AMENDMENT TO AGREEMENT is entered into th' day of fis November, 2006, by and between the Town of Los Gatos, State of Califorma, er--li ein caIled- "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 WIHEEREOF, 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, Debra J. Figone (Sig ure) Recommended by: r John E. urtis Dire of Parks and Public Works By: City of Campbell Robert Kass, Public Works Director 70 North First: Street Cam 11, CA 95008 (Signatuz - Robert Kass (Print Name) Approv d as to Form: ry P. Korb, Town Attorney ATTEST- i Jackie Rose, Clerk Administrator ATTACHMENT 2