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~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.
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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