12 Staff Report - Robert Bein, Willian Frost and Associates for General Plan Update FeesDATE:
TO:
FROM:
SUBJECT:
COUNCIL AGENDA REPORT
September 16, 1999
MAYOR AND TO
TOWN MANAGER
COUNCIL
MEETING DATE: 9/20/99
ITEM NO.
ADOPT RESOLUTION AUTHORIZING TOWN MANAGER TO EXECUTE SECOND
AMENDMENT TO AGREEMENT WITH ROBERT BEIN, WILLIAM FROST AND
ASSOCIATES FOR GENERAL PLAN UPDATE CONSULTANT SERVICES AND
AUTHORIZE BUDGET INCREASE OF $15,000 FROM GENERAL PLAN UPDATE FEES
RECOMMENDATION:
Adopt resolution authorizing Town Manager to execute second amendment to agreement with Robert Bein, William
Frost and Associates for General Plan update consultant services and authorize increase of $15,000 from General Plan
Update Fees.
BACKGROUND:
On May 26, 1998, the Town and the consultant entered into an Agreement for General Plan Update Consultant Services
including the environmental review required pursuant to the California Environmental Quality Act ("CEQA"). The
agreement was amended on December 30, 1998 to add the preparation of the required environmental documents for the
North 40 Specific Plan.
DISCUSSION:
The original agreement was divided into more than fifty subtasks which has proven to be a difficult accounting and
project monitoring process for both the consultant and the Planning Department. A new purchase order is required for
the work that will be completed during this fiscal year. Since the majority of the work for the General Plan Update and
North 40 Specific Plan has been completed, it is recommended that the agreement be amended to simplify the remaining
tasks identified on the following page. The second amendment to the RBF agreement also addresses the creation of the
General Plan Committee's Rewrite Subcommittee which has added work for the consultant that was not contemplated
in the original agreement. The consultant is requesting an additional $ 15,000 to cover expenses related to this
subcommittee. Funding will come from the contingency approved by the Council at the time the original agreement was
considered.
(Continued on page 2)
PREPARED BY: BUD N. LORTZ���
ASSISTANT PLANNING DIRECTOR
N
Reviewed by: Attorney , Finance Revised: 9/16/99 11:01 AM
Reformatted: 10/23/95
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: SECOND AMENDMENT TO RBF AGREEMENT
September 16, 1999
Facilitation of Task Force II
Task 1 Program Organization
Task 2 Community Participation
Task 3 Existing Conditions
Task 4 Admin. Draft General Plan
Task 5 Final Draft General Plan
Task 6 General Plan EIR
Task 6.1 Admin. Draft EIR
Task 6.2 Draft EIR
Task 6.3 Final EIR
Task 7 North 40 Specific Plan
Task 8 North 40 Mitigated Neg. Dec.
Task 9 General Plan Rewrite Committee
TOTAL
AGREEMENT
$ 17,675
$ 11,520
$ 6,230
$179,880
$ 44,440
$ 20,145
$ 80,950
$ 59,700
$420,540
1st AMENDMENT 2nd AMENDMENT
$ 17,675
$ 11,520
$ 6,230
$179,880
$ 44,440
$ 20,145
$12,060
$ 45,950
$ 20,000
$ 15,000
$ 59,700
$ 12,060
$ 15,000
$12,060 $447,600
ENVIRONMENTAL ASSESSMENT:
Is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
Increase expenditure budget by $15,000 which will be funded by General Plan Update Fees. The second amendment
eliminates any possibility of change orders and payment to vendor will only be authorized when a task is completed
to the satisfaction of the Community Development Department.
Attachments:
Draft Resolution Authorizing Town Manager to Execute Second Amendment to Agreement with Robert Bein,
William Frost and Associates for General Plan Update Consultant Services
Attachment 1. Second amendment to agreement with Robert Bein, William Frost and Associates for General Plan
update consultant services.
Exhibit 1. Agreement with Robert Bein, William Frost and Associates for General Plan
update consultant services.
Exhibit 2. First amendment to agreement with Robert Bein, William Frost and Associates
for General Plan update consultant services.
Distribution:
Laura Worthington -Forbes, Robert Bein, William Frost and Associates, 226 Airport Parkway, Suite 600, San Jose,
CA 95110-3705
PLC:BNL:mdc
N:\DEV\CNCLRPTS\AMEND2. WPD
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE SECOND AMENDMENT TO
AGREEMENT WITH ROBERT BEIN, WILLIAM FROST AND ASSOCIATES
FOR GENERAL PLAN UPDATE CONSULTANT SERVICES
WHEREAS, the Town entered into an agreement with Robert Bein, William Frost and
Associates for General Plan Update consultant services on May 26, 1998; and
WHEREAS, the Town approved the first amendment on December 30, 1998; and
WHEREAS, the consultant and the Town wish to amend the agreement for a second time.
RESOLVED, by the Town Council that the Town Manager is authorized and directed to
execute the Second Amendment to Agreement with Robert Bein, William Frost and Associates for
General Plan Consultant Services in the name and on behalf of the Town of Los Gatos attached
hereto as Attachment 1.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the day of
September, 1999, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:\DEV\RESOS\AMEND2.WPD
CLERK
SECOND AMENDMENT TO AGREEMENT WITH�
ROBERT BEIN, WILLIAM FROST AND ASSOCIATE
FOR GENERAL PLAN UPDATE CONSULTANT SERVICE
itlh
This AMENDMENT TO AGREEMENT is entered into this _ day of 1999, by and
between the Town of Los Gatos, State of California, herein called "Town," and Robert Bein, William
Frost and Associates, herein called "Consultant."
RECITALS
A. Town and Consultant entered into an Agreement for General Plan Update Consultant
Services including the environmental review required pursuant to the California
Environmental Quality Act ("CEQA") on May 26, 1998 ("Agreement"), a copy of which is
attached hereto as Exhibit 1 and incorporated herein by reference.
B. Town and Consultant amended Agreement on December 30, 1998 to include in the Scope of
Services the development of a specific plan for the area of the Town commonly known as the
"North 40" and the preparation of the required environmental documents for said plan. A
copy of the first amendment is attached hereto as Exhibit 1 and incorporated herein by
reference.
C. Many of the tasks listed in the Scope of Work have been completed and the Town and
Consultant wish to amend the Scope of Work to simplify the listing of the number of tasks
remaining.
D. The Town has also required Consultant to attend meetings of and prepare documents for
review by the Rewrite Subcommittee of the General Plan Committee. This Committee was
not contemplated in the original agreement and Consultant is entitled to additional
compensation.
E. On September 20, 1999, the Town Council authorized the Town Manager to execute an
amendment to the Agreement to revise the Scope of Services and to increase the total
compensation by the amount of $15,000 to cover the additional costs related to the General
Plan Rewrite Subcommittee.
AMENDMENT
1. Paragraph 1 of the Agreement is hereby amended to read as follows:
Consultant will provide General Plan update services. The projects and their cost are listed
below:
Facilitation of Task Force II $ 17,675
Task 1 Program Organization $ 11,520
Task 2 Community Participation $ 6,230
N:1DEW.EEIAMEND2. WPD
ATTACHMENT 1
Task 3 Existing Conditions/Data Collection $179,880
Task 4 Administrative Draft General Plan $ 44,440
Task 5 Final Draft General Plan $ 20,145
Task 6 General Plan EIR
Task 6.1 Admin. Draft EIR $ 45,950
Task 6.2 Draft EIR $ 20,000
Task 6.3 Final EIR $ 15,000
Task 7 North 40 Specific Plan $ 59,700
Task 8 North 40 Specific Plan Mitigated $ 12,060
Negative Declaration
Task 9 General Plan Rewrite Subcommittee $ 15,000
Meetings
TOTAL $447,600
2. Paragraph 6 of the agreement concerning compensation is amended to change the amount of
total compensation from an amount not to exceed $420,539 to an amount not to exceed
$447,600.
3. All other terms and conditions ofthe Agreement dated May 26,1998 and the first amendment
dated December 30, 1998 remain in full force and effect.
4. Payment will be made upon completion of each task as determined by Town.
5. The effective date of this second agreement amendment shall be July 1, 1999.
IN WITNESS WHEREOF, the Town and Consultant have executed this agreement as ofthe
date indicated on page one.
Town of Los Gatos Robert Bein, William Frost and Associates
7.-/5-17
W. Knapp, Town Manager ( / Laura Worthingto' Forbes Project Manager
Town of Los Gatos
ATTEST:
Clerk of the Town of Los Gatos,
Los Gatos, California
Marian V. Cosgrove, Town Clerk
Approved as to Form:
Orry P. Korb, Town Attorney
N:\DEV\LEE1AMEND2. WPD
�� ��` rry PILttwk
�L
oR
tic
AGREEMENT FOR GENERAL PLAN UPDATE CONSULTANT S]CES
THIS AGREEMENT is entered into this 26th day of May, 1998, by and between the Town
of Los Gatos, State of California, herein called the "Town", and Robert Bein, William Frost and
Associates, engaged in providing General Plan update consulting services herein called the
"Consultant".
RECITALS
A. The Town is considering undertaking activities to update the General Plan and adopt a
North Forty Specific Plan.
B. The Town desires to engage this consulting firm to provide consulting services for General
Plan Task Force 11 facilitation, data collection, planning and environmental services
because of Consultant's experience and qualifications 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. Consultant will provide General Plan update services. The project tasks are summarized
below:
Facilitation:
Task 1
Task 2
Task 3
General Plan Task Force II meetings
GPTF lI sub -committee meetings
Town Business License
General Plan update, North Forty Specific Plan and Environmental Review:
Task 1
Task 2
Task 3
Task 4
Task 5
Task 6
Task 7
Program Organization
Community Participation
Existing Conditions/ Data Collection
Administrative Draft General Plan
Final General Plan preparation
EIR preparation
North Forty Specific Plan
A more detailed list of tasks and projected costs are listed in Exhibit A.
Revised: Much 11. 1997
N :1DEV\KS\GPUPDATE.CON
Page 1 of 8
EXHIBIT 1
2. Time of Performance. The services of the Consultant are to commence upon the execution
of this Agreement with completion of the program by April 2000, as provided for in
Consultants Project Schedule.
• 3. 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 business license pursuant
to Chapter 14 of the Code of the Town of Los Gatos.
4. Sole Responsibility. Consultant shall be responsible for employing or engaging all persons
necessary to perform the services under this Agreement.
5. 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.
6. Compensation. Compensation for Consultant's professional services shall not exceed
$420,539; and payment shall be based upon Town approval of each task as outlined in the
Council adopted scope of work. Payments are made on a reimbursement basis for services
actually performed by the consultant and for eligible costs actually incurred and paid by
the Consultant pursuant to the Agreement. Also, plans, specifications, documents or other
pertinent materials shall be submitted for Town review, even if only in partial or draft
form. The statement or statements requesting payment shall be in a form approved by the
Town, and the Consultant shall specify in detail the services performed by the Consultant
during the month or quarter for which payment is sought. In no event shall the Consultant
Revised: March 11, 1997
N: \DEV\KS\GPUPDATE. CON
Page 2 of 8
overrun the total budget for any quarter without obtaining prior written approval from the
Town.
It shall be the policy of the Town to pay promptly (net 30 days) all bills which become due
and payable by the Town. Payment to the Consultant shall be made 30 days after receipt
by Town of monthly or quarterly reports required by the Agreement. The Consultant's
invoice must include a purchase order number. The Town will determine whether payment
can be made under the Agreement and may rely upon the certification by Consultant that
the items appearing on the statement and its supporting data are eligible items under the
Scope of Work. However, no such determination shall constitute a waiver by the Town
of its right to recover from Consultant any monies paid on items that were not eligible to
payment under the Scope of Work and the Agreement.
7. 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.
8. Project Manager. The Project Managers for the Consultant for the work under this
Agreement shall be Paul Curtis and Laura -Worthington Forbes.
9. Assignability and Subc.antracting. 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.
10. Notices. Any notice required to be given shall be deemed to be duly and properly given
if mailed postage prepaid, and addressed to:
To Town:
Planning Department
110 E. Main Street
Los Gatos, CA 95030
To Consultant:
Robert Bein, William Frost and Associates
226 Airport Parkway, Suite 600
San Jose, CA 95110
or personally delivered to Consultant to such address or such other address as Consultant
designates in writing to Town.
Revised: March 11, 1997
N:tDEV\KS\GPUPDATE.CON
Page 3 of 8
11 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.
12. 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 represents 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 ix discover it has done so and shall, at the Town's sole discretion,
divest itself of such interest. 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 notify Town of this employment relationship, and
shall, at the Town's sole discretion, sever any such employment relationship.
13. 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.
14. Insurance.
A. Minimum Scope of Insurance:
i. Consultant agrees to have and maintain, for the duration of the contract,
Revised: March 11. 1997
N:\DEV\ICS\GPUPDATE.CON
Page 4 of 8
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:
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.
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.
Revised: March 11, 1997
N:\DEV1K-S\GPUPDATE.CON
Page 5 of 8
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.
15. 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.
16. 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.
17. S'*oyerning 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 the County of Santa Clara.
18. 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 ally, shall be adjusted in light of the
particular facts and circumstances involved in such termination.
Revised: March 11, 1997
N:1DEV\KS\GPUPDATE.CON
Page 6 of 8
19. 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.
20. 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.
21. 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).
Revised: March 11. 1997
N:\DEVVCSNGPUPDATE.CON
Page 7 of 8
Town of Los Gatos
ilf-LS(.4 " David W. Knapp, Town manager
Town of Los Gatos 6-.ZS . 9 8
ATTEST:
Clerk of the Town of Los Gatos,
Los Gatos, California
M . = . os • ve, Town Clerk
Revised: March 11, 1997
NADEV'K3'GPUPDATE.CON
Consultant: Paul Curtis
Robert Bain, William Frost & Associates
C-f. Cyi2 7 /f
Print Name
/ajer /0/4N,,,,/?-2,5ratiJ
Title
Approved as to Form:
Page $ of 8
05/2?/S8 10:22
No. 512 0e4
FACILITATOR
Tasks: Meeting with Town Staff
Prepare meeting strategy and agenda
Prepare background reports $550 per meeting
Tasks: Meeting Attendannce
Meeting Preparation and Follow -Up
Prepare notice and agenda
? Prepare and Distribute Issue Paper/Reports
O Prepare Graphics (Display/Exhibits)
O Prepare meeting notes/nminuteK
G Follow-up of Action Items
•? Follow-up meeting with Town Staff 51,100 per meeting
NOTE: It is RBF's experience that this is the "typical" cost for a
citizen task force meeting (average 3 hours/meeting); if actual costs
are less because of shorter ineetings, combination of Town Staff
meetings, etc., billing will be adjusted accordingly.
Tasks: Meeting Attendance
Meeting Preparation and Follow -Up
G Prepare background report
j 4 Prepare Subcommittee meeting notes
• Follow-up meeting with Town Staff $550 per meeting
Budget Summary:
Preparation Meetings with Town Staff
(10 meetings ® $550/meeting) No Charge
General Plan Task Force II
(10 meetirtgs 0 $1,100/meeting) $11,000
Subcommittee ($550/meeting) $6,600
Town of Los Gatos Business License $75
TOTAL BUDGET 517,673
EXIIIBlT A
05/27/9E 10:21
NO. 512 001
GENERAL PLAN UPDATEJEIR/NORTH
FORTY SPECIFIC PLAN BUDGET
TASKS EEL
TASK 1 PROGRAM ORGANIZATION
Sub -Task 1.1: Scoping Meeting $ 2,320
Sub -Task 1.2: Cocrunu nications $ 4,200
Sub -Task 1.3: Base Maps L5,000
Total Task 1
TASK 2 COMMUNITY PARTICIPATION PROGRAM (optional)
TASK 3: EXISTING CONDITIONS AND DATA COLLECTION
$ 11,520
Sub -Task 3.1: Field Reconnaissance $ 2,150
Sub -Task 3.2: Technical Evaluation of Existing General Plan $ 2,775
Sub -Task 3.3: Data Collection/Existing Conditions Report
3.3.1 Geologic/Seitiatic Hazards $ 23,320
3.3.2 Noise Contour Maps/Analysis $ 5,736
3.3.3 Public Services $ 2,000
3.3.4 Public Facilities $ 10,000
• Public Fac. /Infras. Financing Alt. $ 3,000
3,3.4.1 Storm Drain Master Plan
O Phase I - Baseline Data Inventory $ 36,000
O Phase I1 - Drainage Deficiency I.U. $ 37,000
? Phase III - Alternative Drainage System Eval. $ 9,000
• Phase IV - Design Report $ 9,000
3.3.5 Trails and Bikeways Master Plan.
O Task 1- Existing Conditions, Inventory/ Res. $ 3,500
• Task 2 - Analyze Existing & Proposed Dev. Prj. $ 2,500
O Task 3 - Master Plan Preparation $ 6,500
O Task 4 - Implementation Strategies $ 2,500
• Task 5 - Master Plan Document Preparation $ 6,000
• Task 6 - Meetings and Hearings $ 2,500
Total Task 3.3.5 S 23,500
3.3.6 Traffic/Circulation 5 7,500
O Optional Traffic Counts
3.3.7 Land Use Survey $ 2,500
3.3.8 Housing $ 1,200
3.3.9 Hazardous Materials $ 1,5(X)
3.3.10 Emergency Response & Recovery S 1.700
Total Task 3 5179,881
25/2?/98 10:21
N0. 512 922
TASK 4: PREPARATION OF ADMINISTRATIVE DRAFT GENERAL PLAN
Sub -Task 4,1: Administrative Draft General Plan (includes update of 6 Mandatory
Elements, and adoption of 1 New Elements)
Sub -Task 4.1.1: Safety Element $ 2,340
Sub -Task 4.1.2: Noise Element $ 2,000
Sub -Task 4.1.3: Public Facilities/Infrastructure: $ 7,250
Sub -Task 4.1.4: Traffic/Circulation Element $ 17,500
Sub -Task 4.1.5: Land Use Element 5 6,500
Sub -Task 4.1.6: Land Use Alternatives $ 4,500
Sub -Task 4.1.7: Housing Element (June 1997) $ 1,500
Sub -Task 4.1.8: Conservation/Historic Preservation Element $ 1,750
Sub -Task 4.1.9: Update Remaining Elements $ 1.100
Total Task 4 $ 44,440
TASK 5: PREPARATION OF FINAL GENERAL PLAN
Sub -Task 5.1: Final Cencral Plan $ 8,595
Sub -Task 5.2: Public Meetings/Workshops/Hearings $11550
Total Task 5 $ 20,145
TASK 6: PREPARATION OF ENVIRONMENTAL IMPACT REPORT
(Includes Draft EIR, Final EIR, Meeting Attendance do
Public Hearings) $ 80,948
Total Task 6 5 80,948
Task 7: PREPARATION OF NORTH FORTY SPECIFIC PLAN (OPTIONAL)
CUMULATIVE TOTAL FEE
OPTIONAL TASKS
Task 2: COMMUNITY PARTICIPATION PROGRAM
Sub -Task 2.3: Informational Display
Sub -Task 2.7: News Releases
Total Task 2 (Optional)
TASK 7:
Task 1.1
Task 1.2
Task 1.3
Task 1.4
Task 1.5
Task 1.6
Task 1.7
Task 2.1
$326,934
$ 4,730
$ 1,500
$ 6,230
North Forty Specific Plan
Define Project Objectives, Concerns, and Requirements $ 2,000
Research of Existing Dominants 5 1,500
Field Reconnaissance $ . 500
Base Mapping/Exhibits $ 1,000
Baseline Infrastructure Analysis $ 4,000
Baseline Traffic Analysis $ 1,200
Opporturuties and Constraints Analysis $ 1,200
Workshops with Staff $ 5,000
95/27/98 10:21
NO. 512 ge3
Tack 2.2
Task 2.3
Task 2.4
Task 2.5
Task 3.1
Task 3.2
Task 4.1
Task 4.2
Task 4.3
Task 3.1
Task 5.2
Total Task 7
Joint Workshop with Town Council and Planning
Commission
Personal Interviews
Public Hearings
Staff Liaison/Project Management•
Goals and Policies
Develop Alternative Land Use Scenarios
Land Use and Development Regulations
Design Guidelines
Final Draft Development Regulations and
Design Guidelines
Administrative and Public Hearing Drafts
Final Specific Plan Document
0 Reimbursables
$ 1,000
No Charge
5 2,000
$ 2,000
$ 1,500
$ 3,000
$ 5,000
$ 10,000
$ 2,500
$ 10,000
$ 4,000
$ 2.500
$ 59,700
CUMULATIVE TOTAL FEE $420,539
CONTRACT
(1F9 E t;F ,-4.tz N,N LERK
FIRST AMENDMENT TO AGREEMENT WITH
ROBERT BEM, WILLIAM FROST AND ASSOCIATES -)RD '"'
•
FOR GENERAL PLAN UPDATE CONSULTANT SERVICES :,;
This AMENDMENT TO AGREEMENT is entered into this 3 day of, , ,f
1998, by and between the Town of Los Gatos, State of California, herein called "Town," and Robert
Bein, William Frost and Associates, herein called "Consultant."
RECITALS
A. Town and Consultant entered into an Agreement for General Plan Update Consultant
Services related to the environmental review required pursuant to the California
Environmental Quality Act ("CEQA") on May 26, 1998 ("Agreement"), a copy of which is
attached hereto as Attachment 1 and incorporated herein by reference.
B. The Town also desires the development of a specific plan for the area of the Town
commonly referred to as the "North Forty," and has accelerated the schedule for its
preparation, which has thus required preparation of a CEQA analysis that is separate from
the analysis required for the remainder of the general plan update.
C. On December 7, 1998, the Town Council authorized the Town Manager to execute an
amendment to the Agreement that would expand the scope of services to include the work
necessary to complete the CEQA analysis for the North Forty specific plan, and increase
total compensation by the amount of $12,057 to cover said additional services.
AMENDMENT
1. Paragraph 1 of the Agreement is hereby amended to add the following to the Scope of
Services:
TASKS COSTS
1. Administrative Draft Initial Study $1,380
Project Description $ 221
Effects Found Not to be Significant $ 116
Environmental Impact Analysis
Geology and Soils $ 453
Sufrace Water Hydrology $ 453
Land Use Compatability $ 453
Traffic and Circulation $1,625
Air Quality $ 649
Aesthetics $ 569
Revised October 13, 1998
N:13HARE'BEIN.AMD
-1-
EXHIBIT 2
Public Services, Utilites and Facilites $ 801
Noise $ 881
Cumulative Impacts $ 337
Growth Inducing Impacts $ 221
CEQA Review/Quality Control $ 630
2. Preparation of the Draft Expanded IA/MND $ 232
3, Administrative Final Expanded IS/MIND $ 232
4. Final MIND $ 232
5. PREPARATION OF CEQA NOTICES $ 55
6. MITIGATION MONITORING $ 232
7. Public Meetings/Hearings $ 840
8. Project Management/Meetings $ 840
2. Paragraph 6 of the Agreement concerning compensation is amended to change the amount
of total compensation from an amount not to exceed $420,539, to an amount not to exceed
$432,596, and to add the following reimbursable costs attributable to the expanded scope of
services:
ITEM COST
Admin Draft IS/MND
Draft IS/MND
Admin final IS/MND
Final MND
MMP - 5 Copies
$ 35
$ 60
$ 35
$ 60
$ 15
Photocopy/reporductions, fax, telephone, deliveries $ 225
Mileage $ 0
Maps, supplies, misc. $ 75
Photowork $ 100
2. All other terms and conditions of the Agreement dated May 26, 1998 remain in full force
and effect.
IN WITNESS WHEREOF, the Town and [Consultant/Contractor] have executed this
Agreement as of the date indicated on page one (1).
Town of Los Gatos
By:
David W. Knapp, Town Manager Paul urtis, Manager, Planning Programs
Town of Los Gatos
Robert Bein, W. liam Frost and Associates
Revved October 13, 1998
N:\9HAREIBEIN AMD
-2-
ATTEST:
Clerk of the Town of Los Gatos,
Los Gatos, Cah o .
1
1 L•
��l -�
o Town Clerk
Approved as to Form:
Orry-P:'Korb, Town Attorney
Revised: October 13, 1998
N:VSHAREIHEINAMD
-3 -
INTERNAL TRACKING
DEPTMENT:
AGENDA ITEM:
RESO/ORD NUMBER: /4,
DATE
BY
CERTIFIED COPY TO PLANNING
'
,
PUBLISH IF REQUIRED - Date of Publication
/
ORDINANCES ONLY
WHEN SIGNATURE AND /s/ COPY (1 EACH) completed,
SEND TO MAYOR for SIGNATUREg)`01\
,
MAIL TO DISTRIBUTION LIST 1
NO.of COPIES:
1/4
4.
PROOF OF MAILING PREPARED
e
SIGN BY CLERK/SEAL
ENTER INTO ECM ORDINANCE/RESOLUTION FILE
POSTED
CODIFICATION IF ORDINANCE !
clk:d16:\other\ordres2
RESOLUTION 1999 -146
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE SECOND AMENDMENT TO
AGREEMENT WITH ROBERT BEIN, WILLIAM FROST AND ASSOCIATES
FOR GENERAL PLAN UPDATE CONSULTANT SERVICES
WHEREAS, the Town entered into an agreement with Robert Bein, William Frost and
Associates for General Plan Update consultant services on May 26, 1998; and
WHEREAS, the Town approved the first amendment on December 30, 1998; and
WHEREAS, the consultant and the Town wish to amend the agreement for a second time.
RESOLVED, by the Town Council that the Town Manager is authorized and directed to
execute the Second Amendment to Agreement with Robert Bein, William Frost and Associates for
General Plan Consultant Services in the name and on behalf of the Town of Los Gatos attached
hereto as Attachment 1.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 20TH
day of September, 1999, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Joe Pirzynski,
Mayor Jan Hutchins,
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: /s/ Jan Hutchins
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
S:\PLN9-20.12
OFFICE OF THE TOWN CLERK
ORDINANCES & RESOLUTIONS
ORIGINATING DEPT:
COUNCIL AGENDA DATE:
COUNCIL AGENDA ITEM:
SUBJECT:
Number:
Date of Adopt:
9/vc/9?
.8&9341,fro/ 4/4t
RESOLUTION
�999- lj6
COUNCIL ACTION:
AYES:
NAYS:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS NAMES:
Number.
Date of Intro:
Date of Adopt:
ZONE CHANGE:
ORDINANCE
ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK
BY WEDNESDAY AT 12 NOON.
ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION
CLK D 14: \OTH ER\ ORDRES
Town Council Minutes September 20, 1999
Redevelopment Agency Los Gatos, California
PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (03.47)
Informational report regarding activity of Planning Commission and Department was received
and filed.
RATIFICATION OF PAYROLL/AUGUST-SEPTEMBER 1999 (04.V)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council ratify the check registers for
the payroll of August 22 through September 4, 1999 paid on September 10, 1999 in the amount
of $376,510.74. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/SEPTEMBER 1999 (05.V)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council ratify the accompanying check
registers for accounts payable invoices paid on September 3, and September 10, 1999, in the
amount of $357,211.21. Carried unanimously.
MINUTES OF SEPTEMBER 7, 1999 (06.V)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council approve the Minutes of
September 7, 1999 Town Council/Redevelopment Agency Meeting as submitted. Carried
unanimously.
TREASURER'S REPORT (07.V)
Informational report submitted by the Treasurer to the Council for the month ended July 31,
1999, was received and filed.
NATURAL GAS COMPRESSION STATION/PROJECT 9921/RESOLUTION 1999-144 (09.28)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt Resolution 1999-144
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF NATURAL
FUELS CORPORATION - PROJECT 9921 - SKID MOUNTED NATURAL GAS
COMPRESSION STATION AND AUTHORIZING THE TOWN MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY
TOWN CLERK. Carried unanimously.
VASONA LIGHT RAIL CORRIDOR/WINCHESTER EXTENSION/RESOLUTION 1999-145 (11.40)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt Resolution 1999-145
entitled, RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING THE FINAL
DESIGN AND CONSTRUCTION OF THE VASONA LIGHT RAIL CORRIDOR WINCHESTER
EXTENSION. Carried unanimously.
GENERAL PLAN UPDATE/BEIN & FROST CONSULTANTS/RESOLUTION 1999-146 (12.47)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt Resolution 1999-146
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE SECOND AMENDMENT TO AGREEMENT WITH ROBERT
BEIN, WILLIAM FROST AND ASSOCIATES FOR GENERAL PLAN UPDATE CONSULTANT
SERVICES. Carried unanimously.
WILLDAN ENGINEERING SERVICES/REVISED CONTRACT (13.47)
This item has been removed from the agenda.
TC: D 11: M M092099
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