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06 Staff Report - Professional Engineering Consultant Services~pW N OF r0scatp~ COUNCIL AGENDA REPORT DATE: NOVEMBER 26, 2007 MEETING DATE: 12/17/07 ITEM NO: TO: MAYOR AND TOWN COUNCIL , FROM: PAMELA JACOBS, INTERIM TOWN MANAGER SUBJECT: PROFESSIONAL ENGINEERING CONSULTANT SERVICES ADOPT RESOLUTION AUTHORIZING THE INTERIM TOWN MANAGER TO EXECUTE A SECOND AMENDMENT TO THE PROFESSIONAL CONSULTANT SERVICES AGREEMENT WITH HARRIS & ASSOCIATES TO EXTEND THE AGREEMENT UNTIL JUNE 30, 2008 FOR PROVIDING ENGINEERING SUPPORT SERVICES RECOMMENDATION: Adopt resolution (Attachment 1) authorizing the Interim Town Manager to execute a second amendment (Exhibit A) to the Professional Consultant Services Agreement with Harris & Associates to extend the agreement until June 30, 2008 for providing engineering support services BACKGROUND: The Town of Los Gatos has been using consultants to assist and supplement staff in the review of environmental, architectural, geology, traffic, engineering, planning, and arborist issues. These consultants have been very helpful to the staff in providing day to day services to the customer. DISCUSSION: On March 13, 2007, the Town entered into a Professional Consultant Services Agreement with Harris & Associates to provide engineering support services from April 2, 2007 through June 30, 2007. On July 1, 2007, during legislative recess of the Town Council, the Town Manager approved an amendment (Attachment 2) to the Professional Consultant Services Agreement (Exhibit A) with Harris & Associates to extend the agreement for four more months effective July 1, 2007 until November 30, 2007 to perform engineering support services in the Town of Los Gatos. The department is in middle of the assessment process to determine resource allocations and service demands. / PREPARED BY: KEVIN ROHANI Interim Director of Parks and Public Works N:AENGINEERING\COUNCIL REPORTS\hards&asso.2nd.amendment to agreement.121707.doc Reviewed by: Assistant Town Manager Town Attorney Clerk Administrator `it Finance Community Development PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: PROFESSIONAL ENGINEERING CONSULTATN SERVICES NOVEMBER 26, 2007 This assessment is expected to conclude by spring 2008. In the meantime, staff needs the continued support services from Harris & Associates to continue providing service to Town customers. CONCLUSION: Staff recommends that the Interim Town Manager execute a second amendment to the Professional Services Agreement with Harris & Associates to extend the agreement until June 30, 2008 at rate of $171.00 per hour as full compensation for 24 hours per week (three full days per week). ENVIRONMENTAL ASSESSMENT: The project is Categorically Exempt pursuant to Sections 15301 (c), 15303(e) and 15304(b) of the State CEQA guidelines. FISCAL IMPACT: Funding for the professional services performed by Harris & Associates will be paid from Account No. 5030-61202, using salary savings due to a current unfilled position. Attachments: I . Resolution authorizing a second amendment (Exhibit A) to the Professional Consultant Services Agreement with Harris & Associates. 2. First amendment to the Professional Consultant Services Agreement with (Exhibit A) Professional Consultant Services Agreement dated March 13, 2007 3. New proposal from Harris & Associates dated November 27, 2007. 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 HARRIS & ASSOCIATES TO PERFORM ENGINEERING SUPPORT SERVICES WHEREAS, it is necessary for the Council to secure professional consultant services to perform engineering support services in the Town of Los Gatos; and WHEREAS, on March 13, 2007, the Town entered into an agreement with the firm of Harris & Associates to provide engineering consultant services from April 2, 2007 through June 30, 2007; and WHEREAS, on July 1, 2007, during legislative recess of the Town Council, the Town Manager approved an amendment to the agreement with the firm of Harris & Associates to provide engineering consultant services for four more months, effective July 1, 2007 through November 30, 2007. NOW, THEREFORE, IT IS RESOLVED that the Town Council of the Town of Los Gatos hereby approves the attached second Amendment to the Professional Engineering Services Agreement (Exhibit A) with the firm of Harris & Associates to extend the Agreement until June 30, 2008; and BE IT FURTHER RESOLVED that the Interim Town Manager is hereby authorized and directed to execute said second 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 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 Revised: 11/04/04 attachment 1 N:\ENGINEERING\COUNCIL REPORTS\harris&asso.2nd.amendment to agreement.121707.doc 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, Harris & Associates, herein called "[Consultant]." RECITALS A. Town and Consultant entered into an Professional Consultant Services Agreement ("Agreement") on March 13, 2007 to perform engineering development review and processing from April 2, 2007 through June 30, 2007, a copy which is attached hereto and incorporated herein by reference. B. On July 1, 2007, during legislative recess of the Town Council, the Town Manager approved an amendment to the Agreement to extend Consultant' services from July 1, 2007 through November 30, 2007. C. A second amendment to the Agreement is necessary to assist the Town in performing engineering support services. AMENDMENT 1. The Agreement is hereby amended to extend the agreement until June 30, 2008. 2. The Agreement is hereby amended to include the new schedule of charges. 3. All other items and conditions of the Agreement of March 13, 2007 remain in full force. IN WITNESS WHEREOF, the Town and Contractor have executed this Second Amendment to the Agreement as of the date indicated on page one (1). Town of Los Gatos, by: Pamela Jacobs, Interim Town Manager Town of Los Gatos Recommended by: Kevin Rohani Interim Director of Parks and Public Works Harris & Associates: by: (Signature) (Print Name) (Address) ATTEST: Town of Los Gatos, California Approved as to Form: Jackie Rose, Clerk Administrator Orry P. Korb, Town Attorney Exhibit A AMENDMENT TO AGREEMEN' U-:MKK L)crf,k TENT AGR 09 , 09 91, IHH THIS AMENDMENT TO AGREEMENT is entered into this ORD r , 2007, by and between the Town of Los Gatos, State called "Town," and, Farris chi Associates, herein called "[Consultant]." RESO RECITALS A. Town and Consultant entered into an Agreement for Engineering Consulting Services ("Agreement") on March 13, 2007 to perform engineering development review and processing for the Town of Los Gatos at a rate of $160.00 per hour as full compensation for 24 hours per week (three full days per week), a copy of which is attached hereto as (Exhibit A) and incorporated herein by reference. B. An amendment to the Agreement is necessary to assist the Town in performing Engineering Consultant Services. AMENDMENT 1. The Agreement is hereby amended to extend the agreement for a period of four more months from July 1, 2007 through October 31, 2007 per proposal dated July 3, 2007, a copy of which is attached hereto as (Exhibit B) and incorporated herein by reference. 2. All other items and conditions of the Agreement of March 13, 2007 remain in frill force and effect. IN WITNESS WHEREOF, the Town and Contractor have executed this Amendment to the Agreement as of the date indicated on page one (1). Town of Los Gatos, by: Harris & Associates, by: Debra Figorff wn anager Town of Los Gatos Recommende by: Kevin Rohani Interim Director of Parks and Public Works ATTEST: Town of Los Gatos, California Jaclaie ese, Clerk Administrator Revised: 11/04104 NAPPWN nisc. agreements\hanis.aniendmenuo aer.engr.dev.review-ci c (Signature) (Print ame) (Address) co,w Iq 2- 0 Approved as to Form: Orry P. Korb, Town Attorney ATTHCHlviENT 2 March 13, 2007 TowN OF LOS GATOS PARKS AND PUBLIC WoRKs DEPARTMENT PHoNE (408) 399-5770 FAX (408) 354-6824 Mr. Michael K. Cooper, P. E. Harris & Associates 178 Second Street - Suite C Gilroy, CA 95020 SERVICE CENTER 41 MILES AVENUE Los GATOS, CA 95030 CLERK DEPARTMENT AGR~ I~IH ORD REC RESO Subject: Agreement for Engineering Consulting Services Engineering Development Review and Processing for the Town of Los Gatos Dear Mr. Cooper: By this Letter of Agreement, the Town of Los Gatos (hereinafter.referred to as "Town" and Harris & Associates (hereinafter referred to as "Consultant") agree that Consultant shall perform the services described in accordance with the terms contained herein. The scope of the work shall include the work outlined in the proposal dated March 9, 2007 (Exhibit A hereto) from the Consultant. The following Terms and Conditions shall apply: 1. Compensation. As full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement to the satisfaction of the Town. Town shall pay $160.00 per hour as fall compensation for 24 hours per week (three full days per week). Payment shall be net 30 days. All invoices and statements to the Town shall reference the Town's purchase order number, project number, and be addressed as follows: INVOICES: Town of Los Gatos Attn: Account Payable P. O. Box 655 Los Gatos, CA 95030 STATEMENTS : Town of Los Gatos Attn: Finance Department P. O. Box 655 Los Gatos, CA 95030 Exhibit A Page 2 Harris & Associates March 13, 2007 Insurance. A. Minimum Scope of Insurance: i. 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. 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 the Town all certificates of insurance, with original endorsements effecting coverage. Consultant agrees that all certificates and endorsements are to be received and approved by the 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: i. The 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 the Consultant; products and completed operations of Consultant, premises owned or used by the Consultant. This requirement does not apply to the professional liability insurance required for professional errors and omissions. ii. The Consultant's insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees and volunteers. Any insurance or self-insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Page 3 Harris & Associates March 13, 2007 iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or volunteers. iv. The 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. 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, except 10-day notice for nonpayment of the premium, by certified mail, return receipt requested, has been given to the Town. Current certification of such insurance shall be kept on file at all times during the term of this agreement with the Clerk Administrator. 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 the 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. 2. Indemnification. The Consultant shall save, keep and hold harmless, indemnify and defend the 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 omission of the Consultant, or any of the Consultants officers, employees, or agents or any subcontractor. 3. Notices. Notices regarding this Contract shall be given as follows and shall be considered effective upon either personal delivery or five days following deposit in the U S. mail. TO CONSULTANT: Michael K. Cooper, Vice-President Harris & Associates 178 Second Street - Suite C Gilroy, CA 95020 TO 'T'OWN: Kevin Rohani, Interim Director Parks and Public Works Department 41 Miles Avenue Los Gatos, CA 95030 Page 4 Harris & Associates Mach 13, 2007 4. Business License. All consultants, whether they be general Contractors or subcontractors, who transact or carry on business in the Town of Los Gatos, shall acquire a Business License in conformance with Section 14.20.115 of the Los Gatos Town Code. 5. Project Manager. John Brice will be the project manager for Consultant and Kevin Rohani will be the project manager for the Town. 6. Consultant's services shall be initiated after execution of this Letter of Agreement and issuance of a Town purchase. Work will start on approximately April 2 and continue until the end of June 2007. Please have this Letter of Agreement executed in the space provided below by a person authorized to bind Harris & Associates and then return it to me. I will circulate the Letter of Agreement for signature by the Town. I will provide you with a copy of the fully executed Letter of Agreement. Harris Associate's signature, along with that of the Town Manager, shall evidence the parties' acceptance of the terms and conditions of this Letter of Agreement. Very truly yours, Kevin Rohani, P.E. Interim Director of Parks and Public Works cc: Jackie Rose, Clerk Administrator Page 5 Harris & Associates March 13, 2007 Town of Los Gatos: Consultant: Debra J. Figon o agera~rrirs & Associates Kober--,~~~-~~ Z V p Recommended by: Kevin Rohani Interim Director of Parks and Public Works ATTEST: Town of Los Gatos, Los Gatos, California Ja e Rose, Clerk Administrator Approved as to Form: Y~7- Or s'. Korb, Town Attorney ;das,ember 27, 2007 Karin Kohani, P.E. 1 Engineer mown of Los Gatos 1'() Bwx 949 Uatos, CA 9503 1 Izc,: Proposal for Staff Augmentation Dear Mr. 1Cohanis j Harris & Associates 0mcirdlll Managers Construceiorn ~4lanagers t- ors & Associates is pleased to present this proposal to provide staff augmentation services for the i n of Los (Jatos. err Ices provided will be development review. John Brice ,vill be the primary Harris staff person providing such services with John llasin serving as backup. Services to be approximately 24 hours per vh,cck in minimum four-h.our increments (preferably three full days per week), on an as needed basis with 'QTr ices from January to the end of June as requested by Town staff. John l3rice's standard rate as of January 2°a is $180 per hour. With the long term rclationship Harris has with the Town and assuming the service will extend to the end of June, Farris is willing to provide a S` discount rate which will set John's rate to $171 per hour. John Ilasin's standard rate as of January is $ .10 per hour, John Brice's capabilities are already well known to the Town from his previous assignments, If the terms ul'this proposal are acceptable, please sign below as well as the attached duplicate and return one original tc nIe. Due to the uroencv of starting work, Harris will consider this to be our Notice to Proceed, pending c_ ccution of a formal agreement with the Town, which is expected within a few weeks. Should you have ,jm questions, please call me at (408) 842-5777. Thank you for the opportunity to continue our work with M 7 OWn, of Los Gatos. i II cere iv, i I A RR IS & ASSOCIATES t t ~ 1 icha. I K. Cooper. PE hn Bric ice President Project Manaiier ACCEPTED BY: Drrc;ctor of Public 1V'orks Date i3Ob C7uletz, Ilarris & Associaics K f rrj 4 1 tI i ~ftt F'r4l f?R5 #8?o 1P ?Q0 ? i3 JTUt`c0842.5777/ FAY. .08.842..;752 av v;.ha rl;-assw-cwil Attachment 3