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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. (~~Q 0 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