1993-123-Enter Into Agreement With David J. Powers & Associates To Provide Environmental Consulting Services For The Undergrounding Of Utilities And The Widening Of Los Gatos BoulevardRESOLUTION 1993 -123
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT
WITH DAVID J. POWERS & ASSOCIATES, INC. TO PROVIDE
ENVIRONMENTAL CONSULTING SERVICES FOR THE UNDERGROUNDING OF
UTILITIES AND THE WIDENING OF LOS GATOS BOULEVARD
WHEREAS, the Town Council desires to underground the utilities and widen Los
Gatos Boulevard from Samaritan Drive to Lark Avenue from two to four lanes consistent
with the Route 85 Performance Agreement and the Town's adopted General Plan and
Capital Improvement Program; and
WHEREAS, the undergrounding of utilities along this corridor is required for the
construction of the additional roadway; and
WHEREAS, it has been determined that additional environmental assessment to
support the issuance of a Negative Declaration is required in order to complete these
projects; and
WHEREAS, the Town Council agrees that David J. Powers & Associates, Inc. is the
most qualified consultant for this assignment since the firm is already performing similar
consulting duties for the Highway 85 project of which this project is a mitigation, has the
ability to obtain all the necessary data and information to complete the initial study in
compliance with all applicable requirements, and is currently available to complete the work
within the tight time constraints under which the undergrounding and widening projects
must be completed; and
WHEREAS, because of the uniqueness and urgency of the situation and the fact that
this consultant is already under contract with the Santa Clara County Traffic Authority to
SM03 \RESOS \POWERS.LGB I
perform directly related work, formal bidding should be waived under Los Gatos Town
Code Section 2.50.130.;
NOW, THEREFORE, BE IT RESOLVED: the Town Council of the Town of Los
Gatos approves the agreement attached hereto, and authorizes the Town Manager to sign
all appropriate documents to insure the completion of these services.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 2nd
day of August, 1993, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Mayor Joanne Benjamin
NAYS: None
ABSENT: Patrick O'Laughlin
ABSTAIN: None
ATTEST:
SIGNED:
JyOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF,OS GATOS
LOS GATOS, CALIFORNIA
SM03 \RESOS \POWERS.LGB 2
TOWN CLARK
p
IHH:
R
AGREEMENT FOR ENVIRONMENTAL CONSULTANT SERVI
THIS AGREEMENT is entered into this day of , 19
by and between the Town of Los Gatos, State of California, herein called the "Town ", and
David J. Powers & Associates, Inc. engaged in providing environmental consulting services
herein called the "Consultant ".
RECITALS
A. The Town is considering undertaking activities to underground utilities generally
along Los Gatos Boulevard and to widen Los Gatos Boulevard from two to four
lanes between Lark Avenue and Samaritan Drive.
B. The Town desires to have prepared environmental documents and to have assistance
in the appropriate environmental clearances to permit the undergrounding of utilities
and widening project. Because of Consultant's experience and qualifications, the
Town desires to engage Consultant to provide consulting services to perform the
desired work.
C. The Consultant represents and affirms that it is qualified and willing to perform the
desired work pursuant to this Agreement.
AGREEMENTS
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Scope of Services. The Consultant shall provide the services listed under Scope of
Work, paragraphs 1 through 5 under Consultant's letter to the Town dated July 12,
1993 and attached to this Agreement as Exhibit A. In case of conflict between the
terms of this Agreement and Exhibit A, this Agreement controls.
2. Attendance at Meetings. Consultant shall attend up to three meetings, including
attendance at one evening public hearing if required by the Town.
3. Time of Performance. The services of the Consultant are to commence upon the
execution of this Agreement with completion of the program by October 4, 1993.
4. Compliance with Laws. The Consultant shall comply with all applicable laws, codes,
ordinances, and regulations of governing federal, state and local laws. Consultant
represents and warrants to Town that it has all licenses, permits, qualifications and
approvals of whatsoever nature which are legally required for Consultant to practice
its profession. Consultant represents and warrants to Town that Consultant shall,
at its sole cost and expense, keep in effect or obtain at all times during the term of
this Agreement any licenses, permits, and approvals which are legally required for
Consultant to practice its profession. Consultant shall maintain a Town of Los Gatos
Page 1 of 6
business license pursuant to Chapter 15 of the Code of the Town of Los Gatos.
5. Sole Responsibility. Consultant shall be responsible for employing or engaging all
persons necessary to perform the services under this Agreement.
6. Information /Report Handling. All documents furnished to Consultant by the Town
and all reports and supportive data prepared by the Consultant under this Agreement
are the Town's property and shall be delivered to the Town upon the completion of
Consultant's services or at the Town's written request. All reports, information, data,
and exhibits prepared or assembled by Consultant in connection with the
performance of its services pursuant to this Agreement are confidential until released
by the Town to the public, and the Consultant shall not make any of the these
documents or information available to any individual or organization not employed
by the Consultant or the Town without the written consent of the Town before such
release. The Town acknowledges that the reports to be prepared by the Consultant
pursuant to this Agreement are for the purpose of evaluating a defined project, and
Town's use of the information contained in the reports prepared by the Consultant
in connection with other projects shall be solely at Town's risk, unless Consultant
expressly consents to such use in writing. Town further agrees that it will not
appropriate any methodology or technique of Consultant which is and has been
confirmed in writing by Consultant to be a trade secret of Consultant.
Compensation. Compensation for Consultant's professional services shall not exceed
$24,845.00; and payment shall be paid monthly based upon work completed. Ten
percent of the contract amount shall be withheld and paid only upon satisfactory
completion of all contracted duties.
Billing shall be accompanied by a detailed explanation of the work performed by
whom at what rate and on what date. Copies of all technical reports shall be made
available for review by the Town upon request and shall be submitted to the Town
as part of the Town record upon completion of the final Initial Study.
8. Availability of Records. Consultant shall maintain the records supporting this billing
for not less than three (3) years following completion of the work under this
Agreement. Consultant shall make these records available to authorized personnel
of the Town at the Consultant's offices during business hours upon written request
of the Town.
9. Project Manager. The Project Manager for the Consultant for the work under this
Agreement shall be John M. Hesler, Vice President.
10. Assignability and Subcontracting. The services to be performed under this
Agreement are unique and personal to the Consultant. No portion of these services
shall be assigned or subcontracted without the written consent of the Town unless
so noted in this Agreement under Scope of Work.
11. Notices. Any notice required to be given shall be deemed to be duly and properly
Page 2 of 6
given if mailed postage prepaid, and addressed to:
To Town: Town of Los Gatos
Planning Department
P.O. Box 949
Los Gatos, CA 95031
To Consultant: John M. Hesler, Vice President
David J. Powers & Associates, Inc.
1885 The Alameda, Suite 204
San Jose, CA 95126
or personally delivered to Consultant to such address or such other address as
Consultant designates in writing to Town.
12. Independent Contractor. It is understood that the Consultant, in the performance
of the work and services agreed to be performed, shall act as and be an independent
contractor and not an agent or employee of the Town. As an independent contractor
he /she shall not obtain any rights to retirement benefits or other benefits which
accrue to Town employee(s). With prior written consent, the Consultant may
perform some obligations under this Agreement by subcontracting, but may not
delegate ultimate responsibility for performance or assign or transfer interests under
this Agreement.
Consultant agrees to testify in any litigation brought regarding the subject of the
work to be performed under this Agreement. Consultant shall be compensated for
its costs and expenses in preparing for, traveling to, and testifying in such matters at
its then current hourly rates of compensation, unless such litigation is brought by
Consultant or is based on allegations of Consultant's negligent performance or
wrongdoing.
13. Conflict of Interest. Consultant understands that its professional responsibilities is
solely to the Town. The Consultant has and shall not obtain any holding or interest
within the Town of Los Gatos. Consultant has no business holdings or agreements
with any individual member of the Staff or management of the Town or its
representatives nor shall it enter into any such holdings or agreements. In addition,
Consultant warrants that it does not presently and shall not acquire any direct or
indirect interest adverse to those of the Town in the subject of this Agreement, and
it shall immediately disassociate itself from such an interest should it discover it has
done so. Consultant shall not knowingly and shall take reasonable steps to ensure
that it does not employ a person having such an interest in this performance of this
Agreement. If after employment of a person, Consultant discovers it has employed
a person with a direct or indirect interest that would conflict with its performance
of this Agreement, Consultant shall promptly sever this employment relationship.
Page 3 of 6
14. Equal Employment Opportunity. Consultant warrants that it is an equal opportunity
employer and shall comply with applicable regulations governing equal employment
opportunity. Neither Consultant nor its subcontractors do and neither shall
discriminate against persons employed or seeking employment with them on the basis
of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental
disability, national origin, religion, or medical condition, unless based upon a bona
fide occupational qualification pursuant to the California Fair Employment &
Housing Act.
15. Insurance.
A. Minimum Scope of Insurance:
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 with a two trillion dollar
($2,000,000) aggregate for liability arising out of this Agreement.
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.
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.
B. General Liability:
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.
ii. The Consultant's insurance coverage shall be primary insurance as
respects the Town, its officers, officials, employees and volunteers. Any
insurance or self- insurance maintained by the Town, its officers,
officials, employees or volunteers shall be excess of the Consultant's
insurance and shall not contribute with it.
Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the Town, its officers, officials, employees
Page 4 of 6
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, cancelled, reduced in
coverage or in limits except after thirty (30) days' prior written notice 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 Town Clerk.
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.
16. 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 omissions of the Consultant, or any of the Consultant's officers,
employees, or agents or any subconsultant.
17. Waiver. No failure on the part of either party to exercise any right or remedy
hereunder shall operate as a waiver of any other right or remedy that party may have
hereunder, nor does waiver of a breach or default under this Agreement constitute
a continuing waiver of a subsequent breach of the same or any other provision of this
Agreement.
18. Governing Law. This Agreement, regardless of where executed, shall be governed
by and construed to the laws of the State of California. Venue for any action
regarding this Agreement shall be in the Superior or Municipal Court of either the
County of Santa Clara or the County of San Mateo.
19. Termination of Agreement. The Town and the Consultant shall have the right to
terminate this agreement with or without cause by giving not less than fifteen (15)
days written notice of termination. In the event of termination, the Consultant shall
deliver to the Town all plans, files, documents, reports, performed to date by the
Consultant. In the event of such termination, Town shall pay Consultant an amount
that bears the same ratio to the maximum contract price as the work delivered to
the Town bears to completed services contemplated under this Agreement pursuant
to Exhibit A hereto, unless such termination is made for cause, in which event,
compensation, if any, shall be adjusted in light of the particular facts and
circumstances involved in such termination.
Page 5 of 6
20. Amendment. No modification, waiver, mutual termination, or amendment of this
Agreement is effective unless made in writing and signed by the Town and the
Consultant.
21. Disputes. In any dispute over any aspect of this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees, as well as costs not to exceed $7,500
in total.
22. Entire Agreement. This Agreement constitutes the complete and exclusive statement
of the Agreement between the Town and Consultant. No terms, conditions,
understandings or agreements purporting to modify or vary this Agreement, unless
hereafter made in writing and signed by the party to be bound, shall be binding on
either party.
IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement
as of the date indicated on page one (1).
Town of Los Gatos
David W. Knapp, Town Manager
Town of Los Gatos
ATTEST:.
Clerk of the Town of Los Gatos,
Los Gatos, California
Marian V. Cosgrove, Town Clerk
SM03 \MISC \POWERS.AGR
Consultant:
Print Name
Title
Approved as to Form:
Larry E. Anderson, Town Attorney
Page 6 of 6
JUL- 12 -193 14 :11 ID :DAVID J POWERS
DAVID J. POWERS & ASSOCIATES, INC.
Environmental Consultants & Planners
Donald R. Ross
Senior Planner
Town of Los Gatos
110 East Main Street
Los Gatos, California 95032
JUL 121993
TOWN OF LOS GATOS
1PLAWNG DEAARTMENr
July 12, 1993
Subject: Environmental Clearance • Proposed Widening of Los Gatos Boulevard
As you requested, and following up on our recent meeting with Calaaas and the Traffic Anthority, I
have put together this proposed Scope of Work to provide the necessary environmental clearance for the
Proposed widening of Los Gatos Boulevard.
BACKGROUND
The project would widen Las Gatos Boulevard from the existing two lanes to four lanes between Lark
Avenue on the south and Samaritan ]rive on the north, a distance of roughly 0.3 nnies. The widening
would occur within the existing right -of- way. The schedule anticipates construction occurring in the
Summer of 1994, with completion occurring prior to the opening of the Route 85/Bawom Avenue
interchange. ISTEA funding will be utilized.
SCOk',E OF WORK
This scope assumes that the project will quality for a Categorical Exclusion under NEPA and a Negative
Declaration under CEQA, We propose the following work items:
Holman & Associates will prepare an archaeological survey report for the Project, based upon a
literature /archival Search and a surface field reconnaissance. Since the project will be limited to within
the existing right.of -way, we will not be assessing the potential higtorkAl value of any structures on
41cent properties, Per direction from Caltraw. Based upon work previously completed in this area,
and consultation with Town staff, it is unlikely that this survey will identify any known or Suspected
arcltaeologicai sites within the project impact area. Thus, this scope does not include any allowances
for follow -up work (e.g„ subsurface testing, etc.). Should this survey report identify any potential
resources of significance, we propose to amend our scope of Work to allow for such additional services.
(408) 248 -3500
FAX (408) 248 -9641
1885 The Alameda, Suite 204
San Jose, California 95126
ry
EXHIBIT A
JUL- 12 -'93 14:12 ID:DAUID J POWERS ASSC „_ TEL NO:409 *248 *9641 x494 P03
Donald R. Ross
Los Gatos Boulevard Widening Scope of Work
July 12, 1993
Page 2
;,
M O'C Physics Applied will prepare a noise report which assesses the impact of the proposed widening
on the adjacent properties along Los Gatos Boulevard between Lark Avenue and Samaritan Drive. The
report will focus on sensitive receptors such as residential uses. Conformance with the applicable
standards of FHWA/Caitrans and the Town of Los Gatos win be discussed, as will mitigation measures,
if any are warranted At least six peak -hour noise measurerrients will be made at various locations along
the project alignment to obtain existing noise levels. Future noise levels will be projected, based upon
traffic data taken froth Barton-Aschman's 1989 "Final Traffic Analysis for the 85/17 Interchange ".
[Note: Barton-Aschman's report contains traffic volumes on Los Gatos Boulevard for both existing and
year 2000 conditions.]
3. Air OuaUa Analysis
M 0'C Physics Applied will prepare a carbon monoxide (CO) analysis for the project, to meet the
requirements of MTC'S Resolution 2270. Compliance with Resolution 2270 is necessary to show
compliance with the Federal Clean Air Act. The CO analysis will quantify "no build" and "build” CO
concentrations for both the AM and PM peak hours for both 1995 and 2010, as requested by MTC staff.
In order to obtain traffic data for the CO analysis, MTC requires the use of their traffic model or some
other traffic model which is compatible with MTC's. I have cheeped with MTC staff and we have
determined that the MTC model is not appropriate for this project I IM4 at NM staffs suggestion,
we propose to obtain the traffic volume and traffic speed data from the County's Center for Urban
Analysis (CUA) model Our Scope of Work includes obtaining this information from the CUA, which
includes having the CUA rerun their model without the project in the roadway network (ie., the ,no
build" scenario.)
MTC staff is also requiting a traffic operations analysis which will be used as input for the CO analysis.
The traffic operations analysis takes the CUA's speed and volume data and quantifies parameters such
as delay and vehicle queuing at intersections, factors which ate critical is pwkcting fugue CO
concentrations using the standard Caline -4 mo&L Therefore, we have budgeted some funds in our
Scope of Work for M O'C Physics Applied to perform this traffic operations analysis
4. f»itial Study
We will prepare an initial Study (IS) on behalf of the Town, in accordance with rho requirements of
CEQA. That IS will rely on the above technical studies, as well as the fact that the proposed widening
is in the Town's General Plan and was assessed in the General plan ER. The IS will allow the Town
to adopt a Negative Declaration If, during the preparation of this IS we find that the project may result
is a significant impact, we will immediately advise Town staff of this situation.
Our Scope of Work includes the preparation Of an administrative draft IS, One copies of which would
be submitted to Town staff for review, We Will revise the draft IS, based upon staff comments, and
deliver up to 25 copies to the Town for public circulation. We are assuming that Town staff would
prepare the Negative Declaration.
SUL- 12 -193 14:13 ID:DAVID 7 POWERS ASSC __ TEL NO:40e*24e *9641 4494 PO4
Donald R. Ross
Los Gatos Boulevard Widening Scope of Work
July 12, 1983
Page 3
5. Coordination nd meetin s
Since this project involves a number of agencies, including the Town, Traffic Authority, Caltrans, and
MTC, we have budgeted for our attendance at up to three meetings. Our experience on this type of
project is that one or more meetings will likely be required, including at least one with MTC staff in
Oakland. Our Scope of Work also includes our attendance at a public hearing, should one be scheduled.
We have also included allowances for ongoing coordination by phone with the staffs of these agencies.
TIME AND COST
We estimate that we will be able to complete the technical studies and the administrative draft IS within
six weeks from the Town's approval to begin work. This estimate assumes that there arc no major
glitches m the traffic modeling data or other such unforeseen problems. Once we have comments back
from Town staff on the administrative draft IS, we will have the revised IS delivered to the Town within
7 to 10 days, including the agreed -upon number of copies for distribution,
We propose to bill the Town for our services on a time- and- matmials basis, in accordance with the
attached fee schedule, not to exceed a maximum of S 24,845.00. This moron.; rn includes the following
components:
Archaeological Survey Report
$ 870.00
Noise Report
5,7$0.00
Carbon Monoxide Analysis
5.175.00
TrafRc Operations Analysis
2,300.00
Traffic Modeling (Center for Urban Analysis)
3.450.00
Prepare Initial Study
3.800.00
Revise Initial Study
1,000.00
Meetings & Coordination
2.000.00
Reproduction & Mileage & Miscellaneous
500-00
TOTAL
$ 24.845.00
JUL- 12 -193 14 :13 ID:DRt�ID J POWERS RSSC TEL NO:40e�24e *%x1 #454 P05
Donald R. Rosa
Los Gum Boulevard Widening Scope of Work
July 12, 1993
Page 4
Don, we appreciate the Town's consideration of our firm for this work. Please feel free to call if you
have any questions regarding this proposed Scope of Work
Sincerely,
John K Healer
Vice President
Attachment; Charge Rate Schedule
n&mh
93-25
SUS -12- '93.14:14 ID:DAVID._J.POWERS ASSC _. TEL NO:409*248 *9641
DAVID J. POWERS & ASSOCIATES, INC.
Environmental Consultants & Planners
CHARGE RATE SCHED
PRINCIPAL
SENIOR ENVIRONMENTAL SPECIAUST
ENVIRONMENTAL SPECIALIST
PROJECT MANAGER
BIOLOGIST /SOIL SCIENTIST
ASSISTANT PROJECT MANAGER
RESEARCHER
ADMINISTRATIVE MANAGER
DRAFTSPERSON /GRAPHIC ARTIST
TECHNICAL TYPIST /OFFICE SUPPORT
MATERIALS AT COST PLUS 15%
OUTSIDE SERVICES AND SUBCONSULTANTS AT COST PLUS 15%
TRANSPORTATION AT $0.25 PER MILE
SUBJECT TO REVISION MAY, 1993
#494 P06
$125.00 PER HOUR
$105.00 PER HOUR
$ 85.00 PER HOUR
$ 78.00 PER HOUR
$ 67.00 PER HOUR
$ 57.00 PER HOUR
$ 50.00 PER HOUR
$ 48.00 PER HOUR
$ 44.00 PER HOUR
$ 34.00 PER HOUR
M
(408) 248 -3500 1885 The Alameda, Suite 204
FAX (408) 248 -8641 San Jose, California 95126