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