2009-087 - Authorizing The Town Manager To Execute A Third Amendment To The Agreement Between The City Of Campbell To Provide Underground Utility Locating ServicesRESOLUTION 2009 -087
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:
AYES: Diane McNutt, Joe Pirzynski, Steve Rice, Barbara Spector, and Mayor Mike Wasserman
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
A TTEST , 1 �
LE OF THE TOWN OF LOS GATOS
L ATOS, 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.
AMENDMEN
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
(Signature)
Recommended by:
By: City of Campbell
Bob pass, Director
70 North First Street
Campbell, CA 95008
(Signature)
"Todd Capurso (Print Name)
Director of Parks and Public Works
Approved as to Form:
Orly P. Korb, Town Attorney
ATTEST:
Jackie Rose, Cleric Administrator
CL>=TU' DL P.ARTME. - N J
13-111 _
REC
This Agreement entered into on , is between the CITY OF
CAMPBELL (CITY), a municipal corporation, and the TOWN OF .LOS GATOS (TOWN).
RE' CITALS
(1) TOWN is authorized to enter iilto an Agreement with CITY to provide construc11011.
ixlspection services for various TOWN projects,
(2) TOWN is prepared to authorize CITY to provide constitiiction inspection services, The
various services to be performed ( "SERVICES ") are listed in the Scope of Work,
attached hereto as Attacluiient 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 inspectioll
and desire to specify 17crein the tern is 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, J11.anURIS, StaDda -rd plans
alid specifications and other standards required to defiric the duality and scope of
SERVICES.
f3. Work with CITY to assure that regtdred TOWN procedures cvo followed,
C. Bear all costs for SERVICES, as set forth in the Rate Scbedale attached hereto as
Attachment B,
D. Provide prompt review and approval, as appropriate, of subnn,ittals by CITY.
E. Reiinburse CITY witbin 30 days after receipt of each billing associated with the
SERVICES.
Exhibit A
SECTION 11
CITY SHALL:
A. Pe forrn SERVICES utilizing CITY's staff and iir accoirdance with TOWNT's laws, rules,
regulations, policies, procedul manuals, standard plans and specifications, amid other
standards'as provided by TOWN in accordance with Section I.A, of this Agreement. All
SEJZVICL S are to be subject to ongoing review by T AWR TOWN shall have the right
to interview and approve or reject persoivael provided'by CITY for each project. CITY
shall have the right to decline to perfoin, any particular SERVICE requested because of
staffing or other considerations.
B. Prior to c01171nelicenaent of SERVICES, establish a sepaa•ate account or accounts to
accumulate charges for all work performed on behalf of TOWN pursuant to this
Agreerii ent.
C. Siabrriit sighed itemized invoices, lro ,11 ore 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 111inirniam of one month., hlvoices will meet format and content
requirements specified''by TOWN. Each invoice shall be, submitted to TMAWs P.rgject
.Coordinator for approval and forwarding to the appropriate Accounting Office for
payinclit.
D. Subrin't a filial report of expenditures, in the saine fbTrnat and detail as the invoices
described in Section H.C. of this Agreenn.ent within thhty (30) days after completion of
SERVICES.
E. Retain all books, documents, papers, accounting records, and other eviderice pertaining to
costs iricunred, including support data for cost proposals, and make such materials
available at the offices of CITY al: all reasonable furies during the contract period and for
three years Rona the date of firial payment under. this Agreement. TOAI1 shall have
access to any books, records, and doeuinents of CITY that are pertinent to this Agreement
for audits, exanilriations, excerpts, and transactions. CITY shall furnish copies of said
d0elrr27eDt5 if requested by TOWN. CITY shall be reimbursed by TOWN for all costs
incurred by CITY 11) providing requested infarniation,
F. Be responsible for the persoiurel costs a7ad obligations associated with the staff it assigns
to perform the SERVICES, including base salary, overtinae'salary and fringe benefits,
WOW cers' Compensation, retirement, and discipline.
SECTION III
A. All obligations of parties under [lie terms of this A.grecin.ent are subject to the
appropriation of sufficient resources by TOWN for each indi.vid.ual project for which the
SERVICES are requested, TOWN shall not request SERVICES until the lecessary funds
have been appropriated,
B. T0)1rN shall reimburse CITY for al] costs inGuixed by CITY for SERVICES in
accordance with the Rate Schedule set forth in Attaclnnent B, CITY naay update the Rate
Schedule on an aniilral basis beginning one year fi•oill 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 flu whom all communications
betweeri the two parties will occur. The TOWN Project Coordinator will be responsible
for any necessary review of the work of CITY during perforn-i ace of SERVICES and
approval of invoices for pa}nncnt as submitted by .CITY.
D, Upon completion of each individual pro mt under this Agreement, ownership and title to
all reports and documents produced as part of SERVICES will automatically be vested in
TWAIN 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 willful misconduct by CITY under or in
connection with any work, authority or jurisdiction delegated to CITY under this
Agreement. Pursuant to Govermi -ent 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, Iund and description brought for or on Iccoulit 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 under or in
connection with any work, authority or jurisdiction delegated to CITY under this
Agreern.ent.
F. Neither CITY nor any officer or employee thereof shall be responsible for any damage or
liability occurring by reasons of negligent or willful rinisconduct by TOWN under or in
connection with ally work, authority or jurisdiction delegated to TOWN under this
Agreement. Pursuant to Goveriu.nent Code ,section 895.4, TOWN shall defend,
indemnify and save harmless CITY and its officers-and employees f all .claims, suits
or actions of every name, Kind and description brought for or oil a.c ofinjtlxles to or
death of alny person or damage to property resulting fyonn any negligence or' willful
miscon.du.ct in connnecdon with anything clone or ornitted to be done by TOWN under or
in conllecti.on WAli any work, authority or jurisdiction deJocmted to CITY under this
A.gr•eerilent.
G. No m to this Agreement shall be valid unless n in. v .i.ting and signed by the
parties leer.cto. No oral under'standirng or agreement not expressly incorporated herein
shall be binding on either of the parties hereto.
1 , Either party rxmy terminate this A.gTeement upon writtcr, notice to the other party. Al the
tinge of terinination, CITY mill be paid for - vvorlc l7erfonned 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 Quinmey, 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 inclitdes the following attachments, which are incorporated herein by
reference:
Attachment A: Scope of Services
Attachment B: Rate Schedule
MiuciNLos Gatos Agrmnt re Const Inspec Servs,doe
ATTACHMENT A
SCOPE OF WORK
CITY will provide construction inspection services as set forth below:
1. 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 assibnnient. The inspectors) will report directly to the TMAIN Eztgineer,
or as otherwise designated,
2. In general, the SERVICES shall include, withouthinitation, field observation of construction
activity, preparation of daily reports, and coordination with outside agencies and citizens if
necessary.
ATTACHMENT B
Senior Public Works Insp ector
FY 05 -06
$65.83/hr. ( regula)
$93.21/ln•. (overtime)
P ublic Works Inspector
I N OS -06
$62.0 / /hr. (rc Ulan)
$87,71/hr. (overtime)
RATE S CHEDULE
F Y 06 -07
$68.15/1 (regular)
$96.26/1 (overtime)
PY 06 -07
$61.29 /hr. (regular)
$90.60 /hr. (overtime)
IN WITNESS WHEREOF, the parties hereto lave executed this Agreement as of
the 'day of ; 20
TOAYN OF Los GATOS, by: CEIV OF CAMPBELL, ley:
Debra J. Figone, Town Maz ger Robert Kass, Director of Public Works
70 No rth First Street
RI "COMA EN6rD B v;
Johy Curtis
Dirac r of Parks and Public Wo11cs
APP OyEm AS TO FORM:
C�
-- ri P. Korb, Town - 766 cy
ATTEST:
I��aa yzi ash �tu _en, Clerk.
Administrator
Town of Los Gatos