05 Staff Report - Underground Utility Locating Requestsyaw H 0 MEETING DATE: 813109
ITEM NO:
t
ios ao5 COUNCIL AGENDA REPORT
DATE: JULY 9, 2009
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO
EXECUTE A THIRD AMENDMENT TO THE AGREEMENT BETWEEN THE
TOWN OF LOS GATOS AND THE CITY OF CAMPBELL UNTIL JUNE 30,
2011 TO PROVIDE SERVICES FOR UNDERGROUND UTILITY LOCATING
REQUESTS
RECOMMENDATION:
Adopt resolution (Attachment 1) authorizing the Town Manager to execute a third amendment
(Exhibit A) to the agreement (Exhibit B) between the Town of Los Gatos and the City of
Campbell until June 30, 2011 to provide services for underground utility locating requests.
BACKGROUND:
As an owner/operator of underground utilities (street lights, and traffic signal facilities), the
Town of Los Gatos is obligated by law to locate these facilities whenever there is construction
activity in the vicinity. The Town of Los Gatos does not have adequate staffing resources to
provide this service and has contracted with the City of Campbell for the performance of this
service.
The City of Campbell has been providing this service for the Town of Los Gatos since 2007 at a
cost of $75 per Underground Service Alert (USA) request. Staff has been satisfied with the
quality of service that the City of Campbell has provided. The rate charged by the City of
Campbell, at $75 per USA inspection, is much more competitive than other electrical contractor
charges which can be in excess of $145 per USA inspection for USA marking.
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PREPARED BY: TODD CAPURSO
Director of Parks and Public Works
Reviewed by --Assistant , - Town Ma _ .....nager:-.. _ . _ _ .
Town Attorney
Clerk Administrator inane Community Development
N 1PPWIMANAGEMENTICOUNCII..ICOUNCIL REPORTS12009 reports\August 3Uty of camphell.3rd.amend.to.agrecment.doc
PAGE 2
JULY 9, 2009
MAYOR AND TOWN COUNCIL
SUBJECT: THIRD AMENDMENT TO THE AGREEMENT WITH THE CITY OF
CAMPBELL FOR UNDERGROUND UTILITY SERVICES
T qCl TCgrnN-
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. This agreement was justified due to the high 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 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.
On December 17, 2007, the Town Council approved a second amendment to the agreement to
increase the cost for underground utility locating services from $65 to $75 per USA inspection.
This contract expired on June 30, 2009.
CONCLUSION:
Staff recommends approval of the attached resolution authorizing the Town Manager to enter
into a third amendment to the agreement with the City of Campbell to continue to provide
iulderground utility locating services until June 30, 2011.
ENVIRONMENTAL ASSESSMENT:
This project is defined under CEQA, and is categorically exempt under section 15301.
FISCAL IMPACT:
The Town's fee schedule covers the actual cost of providing underground utility locating
services as part of the encroachment permit process. This fee is paid for by applicants who
obtain an encroachment permit. There are no extra costs to the Town.
Attachments:
Resolution authorizing a third amendment (Exhibit A) to the original agreement (Exhibit B) with
the City of Campbell for underground utility locating services.
RESOLUTION
Attachment 1
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE A THIRD AMENDMENT TO THE
AGREEMENT BETWEEN THE
TOWN OF LOS GATOS AND THE CITY OF CAMPBELL
TO PROVIDE UNDERGROUND UTILITY LOCATING SERVICES
WHEREAS, the City of Campbell is providing Underground Utility Locating
Services at a cost of $75 per USA inspection;
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 third Amendment to the Agreement (Exhibit A) with
the City of Campbell until June 30, 2011 to provide underground utility locating services at a
cost of $75 per USA inspection 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 3rd day of August, 2009 by the following vote:
COUNCIL MEMBERS:
AYES :
NAYS :
ABSENT:
ABSTAIN:
SIGNED :
ATTEST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
THIRD AMENDMENT TO AGREEMENT
Exhibit A
This THIRD AMENDMENT TO AGREEMENT is entered into this day of
, 2009, 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 per inspection until
June 30, 2007.
C. On December 17, 2007, The Town and City entered into an amendment to the Agreement
to increase the fee for underground utility locating services to $75 per inspection until
June 30, 2009.
AMENDMENT
1. The agreement is hereby to extend the term of the agreement to June 30, 2011.
IN WITNESS WHEREOF, the Town and City have executed this third amendment to
the Agreement.
By: Town Manager
Greg Larson
By: City of Campbell
Bob Kass, Director
70 North First Street
Campbell, CA 95008
(Signature) (Signature)
Recommended by:
Todd Capurso (Print Narne)
Director of Parks and Public Works
Approved as to Form:
Orry P. Korb, Town Attorney
ATTEST:
Jackie Rose, Cleric Administrator
CLE,TOh r}TsPAJ TNd !'ti I
IFIE
CONSTRUCTION INSPECTION SERVTC,-E,S---------.--.
AGPtEEMENT REC_
RESO
This Agreement entered into on is between the CITY OF
CAMPBELL (CITY), a municipal corporation, and the TOWN OF LOS GATOS (TOWN),
I CI'I ALS
(1) TOWN is authorized to enter 111t0 an Agreement mlith CITY to provide construction
inspection services for various TOWN projects,
(2) TOWN is prepared to authorize CITY to provide construction inspections services, The
various services to be perforilled ("SERVICES") are listed in the Scope of Work,
attached hereto as Attaclunent A.
(3) Ili order to assist TOWN -,Alith 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 tenrns and conditions udder which the SERVICES will be
provided.
NOW, THEREFORE, the parties agree as follows:
AGREEMENT
SECTION I
TOWN SHALL:
A. Provide CITY with necessary regiilations, policies, procedures, manuals, standard plans
and specifications and other standards required to define the quality and scope of
SERVICES.
B. Work tivith CITY to assure that required T01AFN procedures are followed.
C. Bear all costs for SERVICES, as set forth in the Rate Schedule attached hereto as
Attachiiient B.
D, Provide prompt review and approval; as appropriate, of submittals by CITY.
E. Reimburse CITY witbiii 30 days after receipt of each billing associated with the
SERVICES.
Exiiibit A
SECTION 11
CITY SHALL:
A. Perfornni SERVICES utilizing CITY's staff and in accordance with TMATNT's laws: rules,
regulations, policies, procedures, manuals, standard plans and specifications, and other
standards as provided by TOWN M accordance with Section I.A. of this Agreement. All
SERVICES are to be subject to ongoing revitw by TOWN. TOWN shall have the right
to interview and approve or reject persornael provided by CITY for each project. CITY
Shall have the right to decline to perform any pm-ticular SERVICE iecluested because of
staffing or other consideratioils I
B. Prior to coxnn1encernent of SERVICES, establish a separate account or aecounts to
accumulate changes for all work performed on behalf of TOWN pursuant to this
Agreement.
C. Submit signed itemized invoices, no snore 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 nrinirnLim of one month. Invoices gill Inlet for-rnat and content
requirements specified by TOWN. Each invoice shall be submitted to TO"AW'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 Agrecrnent wit)-ml thirty (30) days after connpletiolx of
SERVICES.
E. Retain all books, docurnents, papers, accounting records, and other evidence pest:aining to
costs inured, including support data for cost proposals, and slake such materials
avail.ab)c at the offices of CITY at all reasonable dines 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 atidits, exani.nations, excc'Tts, and transactions. CITY shall fiunish copies of said
documents if requested by TOWN CITY shall be reiunbursed by TOWN for all costs
incurred by CITY M providing requested information.
F. Be responsible for the persoiu]el costs ax7d obligations associated with the staff it assigns
to perform the SERVICES, including base salary, overtime salary and fringe benefits,
Workers` Compensation, retirement; and discipline.
SECTION III
A. A.11 obligations of parties under the terns of this Agreement are subject to the
appropriation of sufficient 3•esources by TOATN for each individual project for which the
SERVICES are requested. TOWN shall not request SERVICES until the necessary funds
have been appropriated.
B. TOIATNT shall reirnburse CITY for all costs inured by CITY for SERVICES irn
accordance with the Rate Schedule set forth in Attaclrrnent B. CITY play update the Rate
Schedule on an arniual basis beginiiing one year frornl the date of execution of the
Agreement, The total cost reimbursement payable by TOWN to CITY tinder this
Agreement shall not exceed $ 40,000 (Forte thousand dollars).
C. The parties shall each designate a Project Coordinator through whor-n all communications
betvve,tri the two parties will occur. The TOWN Project Coordirsator will be responsible
for ally necessary review of the work of CITY during perfornnance of SERVICES and
approval of invoices for payriicnt as submitted by CITY. -
D. Upon connpletion of each individual project under this Agreement, mAinership and title to
all reports and docii-nunts produced as part of SERVICES will automatically be vested in
TOWN and no further agrcen-rent will be. necessary to transfer ownership to TOWN.
E. Neither TOWN nor any officer or ernlployee thereof is responsible for any damage or
liability occurring by reasons of negligent or Willful Misconduct by CITY Lander or in
connection with any work, authority or jurisdiction delegated to CITY Lander this
Agreement. Pursuant to Government Code Section 895.4, CITY shall frilly defend,
indernnnify 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 accoLuzt of injuries or
death to arry person or dannage to property resulting froin any negligence or willful
misconduct in connection with anything done or omitted to be done by CITY under or in
connection with any wont, authority or jurisdiction delegated to CITY Linder 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- willfitl misconduct by TOWN under or in
corn -section with any work, authority or Jurisdiction delegated to TOWN under this
Agreement. Pursuant to Goverrrrnent Code Section 895.4, TOWN shall defend,
indcrn.nify and save harmless CITY and its officers and cirrployees from all claims, suits
or actions of every name, kind and description brought for or on account of injuries to or
death of airy pe]-son or damage to property resulting from any negligence or willful
imsconduct In connection with anything done or omitted to be done by TOWN under or
in connection with any work, authority or jurisdiction delegated to CITY uuder this
Agreern ent.
G. No amendment to this Agreerneint shall be valid unless made in writing and sigrned by the
parties hereto. No oral understanding or ageennent not expressly incorporated herein
shall be binding on either of the parties hereto.
1 Eitbor party Tray terininate this Agr-Bement upon writt4n notiee to the other party. At the
time of termination, CITY will be. paid for work perfol-med 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
JArnq\Los Gatos Agrmnt re Const Inspec 5ervs.doc
ATTACHMENT A
SCOPE OF WORK
CITY will provide construction inspection services as set forth below:
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 Oj-06
$65.83/hr. (regulm )
$93.21/hi,. (overtime)
Public Works Inspector
FY OS-06
$62.07/hr. (regular)
$87.71/hf. (overtime)
RATE S CHEDULE
FY 06-07
$68.15/hr. (regular)
$96.26/hr. (overtime)
FY 06-07
$64.29/hr. (regular)
$90.60/hr. (overtime)
III WITNESS WHEREOF, the parties
the day of
TOWN OF Los GATOS, by:
20-,c-c- z-,- (cr .5 J7c 60vo ra)
Debra J. Fig one, Town Mar ger
hcre,to have executed this Agreement as of
20M,
CITE.' OF CAMPBELL, by:
Robert Kass, Director of Public Works
70 North First Street
COMMENDED BY;
W'" ~ L d'
Joh . Curtis
Dir c r of Parks and Public Works
LAPP VED AS TO FORM:
--0T-ry P. Korb, To ttorney
ATTEST:
"
Mar yn~ add U _en, Clerk
Administrator
Town of Los Gatos
MEETING DATE: 6119106
0 _ ITEM NO.
LL COUNCIL AGENDA REPORT
cos ~~~05
DATE: JUNE 14. 2006
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGER
SUBJECT: AGREEMENT FOR CONSTRUCTION INSPECTION SERVICES
ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO
EXECUTE AN AGREEMENT BETWEEN THE TOWN OF LOS GATOS
AND THE CITY OF CAMPBELL FOR CONSTRUCTION INSPECTION
SERVICES ON A TEMPORARY BASIS NOT TO EXCEED $40,000
RECOMMENDATION:
Adopt resolution authorizing the Town Manager to execute an agreement (Exhibit A) between the
Town of Los Gatos and the City of Campbell for Construction Inspection Services on a temporary
basis not to exceed $40,000.
BACKGROUND:
The Town of Los Gatos requires construction inspection services on a temporary basis clue to the
volume of inspections and the absence of an Engineering Inspector that has been on medical leave
for an extended period of time.
DISCUSSION:
The Town will soon experience a substantial increase in inspection needs due to the construction of
several large Capital Improvement Program projects that will occur this summer.
The proposed agreement between Los Gatos and Campbell represents another step forward in
partnering to deliver municipal services.
PREPARED BY: 4ir~ector FIN E. CURTIS
of Parks and Public Works
Reviewed by:
Assistant Town Manager
~
'
own Attorney
LT
Clerk Administrator
l Finance
e v
Community Development
Revised:
6114/G6 2:14 pm
Reformatted: 5130102 N:1BLl~1C0t1NCIL REPORTSIaPr.city.of.vampbell.engr_inspection.services.619o6.wpd