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Item 17 Staff Report Adopt Resolution Authorizing Town Manager to Execute Amendment Number 3 to Agreement with RBF Consulting (Formerly Known as Robert Bein, Willian Frost and Associates) for General Plan ServicesMEETING DATE: 10/16/00 ITEM NO. In COUNCIL AGENDA REPORT DATE: October 12, 2000 TO: MAYOR AND TO CIL FROM: TOWN MAN SUBJECT: ADOPT RESOLUTION AUTHORIZING TO MANAGER TO EXECUTE AMENDMENT NUMBER 3 TO AGREEMENT WITH RBF CONSULTING (FORMERLY KNOWN AS ROBERT BEIN, WILLIAM FROST AND ASSOCIATES) FOR GENERAL PLAN SERVICES RECOMMENDATION: Adopt resolution (Attachment 1) authorizing Town Manger to execute Amendment Number 3 to agreement with RBF Consulting (formerly known as Robert Bein, William Frost and Associates) for General Plan Update consultant services. DISCUSSION: The agreement with RBF Consulting for the General Plan Update included a task to complete a Storm Drain Master Plan at a cost of $91,000. The task was included as part of the Existing Conditions and Data Collection portion of the General Plan Update. The consultant has completed this task but is requesting additional funding for work that was required to produce a product that will better meet the Town's needs. The consultant has prepared a detailed letter describing why additional work was necessary (Attachment 2). This work was done without prior written authorization from the Town, but staff agrees that the additional work has produced a far superior product. Staff supports partially reimbursing the consultant for the additional work and is recommending payment of $40,000 in lieu of the $59,100 requested by the consultant. The consultant has agreed to this arrangement. The Storm Drain Master Plan prepared by the consultant involved a comprehensive effort to identify and map the Town's publicly maintained storm drain system, and to evaluate the entire system for capacity deficiencies. In doing so, the consultant generated hydrologic and hydraulic design criteria specific for the Town's use to model existing facilities and to define alternatives to improve system performance. The result is a powerful tool that can be used by Town staff to evaluate impacts from further development activity to ensure that proper conditions are attached to development projects. Additionally, the Master Plan establishes a new basis for determining impact fees that the Town may choose to assess against new development to support projects that will enhance system capacity, and a methodolgy for prioritizing such projects. ENVIRONMENTAL ASSESSMENT: The amendment of the RBF Consulting Agreement is not a project defined under CEQA, therefore no action is required. (Continued on Page 2) PREPARED BY: BUD N. LORTZ LARRY I. PERLIN 7 /,,. 5:4-,2/ ASSISTANT DIRECTOR OF DIRECTOR OF COMMUNITY DEVELOPMENT PUBLIC WORKS Reviewed by: Qyi Attorney �� Finance Revised: 10/12/00 10:18 AM Reformatted: 7/14/99 .e r^� PAGE 2 MAYOR AND TOWN COUNCIL RE: ADOPT RESOLUTION TO EXECUTIVE AMENDMENT TO AGREEMENT WITH RBF CONSULTING October 9, 2000 FISCAL IMPACT: The $40,000 additional cost for the Storm Drain Master Plan will be funded by FY99-00 General Plan Update Fees. Amendment three of the agreement with RBF Consultant reflects that Task 3 - Existing Conditions/Data Collection has been increased from $179,880 to $219,880. The consultant has not invoiced the Town for the completed work described in the letter included as Attachment 2 but will send an invoice upon approval of the third amendment to the contract. The payment terms from the original contract remain in full force and affect. Attachments: 1. Resolution authorizing Town Manager execute Third Amendment to Agreement with RBF Consulting Exhibit 1. Third Amendment to Agreement with RBF Consulting Exhibit A. Second Amendment, First Amendment, Original Agreement with Robert Bein, William Frost and Associates) for General Plan Update consultant services 2. Letter from Laura Worthington -Forbes requesting additional funds for Storm Drain Master Plan Distribution: Laura Worthington -Forbes, RBF Consulting, 225 Airport Parkway, Suite 600, San Jose, CA 95110-3705. BNL:mdc N:1DE VICNCLRPTS\RBFAMEND.3 • THIRD AMENDMENT TO AGREEMENT WITH RBF CONSULTING (FORMERLY ROBERT BEIN, WILLIAM FROST AND ASSOCIATES) FOR GENERAL PLAN UPDATE CONSULTANT SERVICES This AMENDMENT TO AGREEMENT is entered into this day of 2000, by and between the Town of Los Gatos, State of California, herein called "Town" and RBF Consulting (formerly "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 A 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 B and incorporated herein by reference. C. Town and Consultant amended Agreement a second time ("Second Amendment") on September 28,1999 to simplify the listing of the number of tasks remaining (many tasks had been completed at the time of the amendment) and to address the requirement by the Town for the 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. The Second Amendment increased the total compensation by the amount of $15,000 to cover the additional costs related to the General Plan Rewrite Subcommittee. A copy of the second amendment is attached hereto as Exhibit C and incorporated herein by reference. D. Town staff and Consultant met to discuss the progress of the Storm Drain Master Plan and the additional level of work effort required to produce a superior work product than the product contemplated in the original agreement. Following this meeting, the Consultant submitted a "Storm Drain Master Plan Request For Additional Funds" dated September 14, 2000 which includes a matrix describing the tasks identified in the original agreement versus the tasks and level of effort required to produce the draft Storm Drain Master Plan submitted to the Town on August 16, 1999. Page 1 of 3 1 E. On October 16, 2000, the Town Council authorized the Town Manager to execute a third amendment to the Agreement to revise the Scope of Services and to increase the total compensation by the amount of $40,000 to cover the additional costs related to the preparation of the Storm Drain Master Plan. AMENDMENT 1. Paragraph 1 of the Agreement is hereby amended to read as follows: Consultant will provide General Plan Update services. Task 3, Existing Conditions/Data Collection is amended to include the additional $40,000 identified in recital "E" above to address the additional level of effort required to prepare the Storm Drain Master Plan. Task 3 is increased from$179,880 to $219,880. All other tasks and their costs remain unchanged as follows: Facilitation of Task Force II $ 17,675 Task 1 Program Organization $ 11,520 Task 2 Community Participation $ 6,230 Task 3 Existing Conditions/Data Collection $219,880 Task 4 Administrative Draft General Plan $ 44,440 Task 5 Final 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 MND $ 12,060 Task 9 General Plan Rewrite Subcommittee Meetings $ 15, 000 TOTAL $487,600 2. Paragraph 2 of the second amendment to agreement concerning compensation is amended to change the amount of total compensation from an amount not to exceed $447,600 to an amount not to exceed $487,600. 3. All other terms and conditions of the Agreement dated May 26, 1998, the first amendment dated December 30, 1998, and the second amendment dated September 28, 1999 remain in full force and effect. 4. Payment will be made upon completion of each task as determined by the Town. 5. The effective date of this third agreement amendment shall be October 16, 2000. Page 2 of 3 IN WITNESS WHEREOF, the Town and Consultant have executed this agreement as of the date indicated on page one. Town of Los Gatos RBF Consulting Laura Worthington -Forbes Town of Los Gatos Project Manager ATTEST: Clerk of the Town of Los Gatos, Los Gatos, California Marion V. Cosgrove, Town Clerk Approved as to Form: Orry P. Korb, Town Attorney N:\DEV\BUD\RBFAMEND.3 Page 3 of 3 OFFICE,lif o .OWN CLERIC "Y.` lei cr • 0q n ORR AGREEMENT. FOR GENERAL PLAN UPDATE CONSULTANT SRFC >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 II 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 Task2 Task 3 General Plan Task Force II meetings GPTF II sub -committee meetings Town Business License General Plan update, North Forty Specific Plan and Environmental Review: Taskl Task2 Task3 Task 4 Task $ 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: March 11, 1997 N:\DEV\KS\GPUPDATE.CON Page 1 of 8 EXHIBIT A 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:1DEV1Ks1GPUPDATE.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 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. 10. Ngfices. 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:1DEV 1Ks1GPUPDATE. CO N 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 it 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 NADEVIKS\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:1DEV\KS\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. 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 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 any, shall be adjusted in light of the particular facts and circumstances involved in such termination. Revised: March 11, 1997 N:\DEVIKSIGPUPDATE.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:1DEVIKS\GPUPDATE.CON Page 7 of 8 Town of Los Gatos zrz- David W. Knapp, Towa� Manager Town of Los Gatos S,ZS . 9 8 ATTEST: Consultant: Paul Curtis Robert Bein, William Frost & Associates Re416 CG/R 7'/1 Print Name / ` a jer, 2 /GH n ii+ S Pj Title Clerk of the Town of Los Gatos, Approved as to Form: Los Gatos, California own Attorney Revised: Much 11, 1997 N:1DEV\KSIGPUPDATE.CON Page $ of s‘ 05i2?i98 10:22 1 O. 512 704 FACILITATOR Tasks: Meeting with Town Staff Prepare meeting strategy and agenda Prepare background reports $550 per meeting Tasks: Meeting Attendance Meeting Preparation and Follow -Up f .O O G • Prepare notice and agenda Prepare and Distribute Issue Paper/Reports Prepare Graphics (Display/Exhibits) Prepare meeting notes/minutes 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 meetings, combination of Town Staff meetings, etc., billing will be adjusted accordingly. Tasks: Meeting Attendance Meeting Preparation and Follow -Up �i Prepare background report Prepare Subcommittee meeting notes s Follow-up meeting with Town Staff $550 per meeting Budget Summary: Preparation Meetings with Town Staff (10 meetings a S550/meeting) No charge General Plan Task Force II (10 meetings © $1,100/meeting) $11,000 Subcommittee ($550/meeting) $6,600 Town of Los Gatos Business License $75 TOTAL BUDGET $17,675 05i27i98 10:21 N0.512 901 GENERAL PLAN UPDATEJEIR/NORTH FORTY SPECIFIC PLAN BUDGET T•SKS TASK 1 PROGRAM ORGANIZATION Sub -Task 1.1: Scoping Meeting Sub -Task 1.2: Convnu nications Sub -Task 1.3: Base Maps Total Task 1 TASK 2 COMMUNITY PARTICIPATION PROGRAM (optional) TASK 3: EXISTING CONDITIONS AND DATA COLLECTION $ 2,320 5 4,200 $ 5.000 $ 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/Seismic 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 O Public Fac./Infras. Financing Alt. $ 5,000 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 O Phase III - Alternative Drainage System Eval. $ 9,000 4 Phase IV - Design Report $ 9,000 3.3.5 Trails and Bikeways Master Flan O Task 1- Existing Conditions, Inventory/ Res. $ 3,500 4 Task 2 - Analyze Existing & Proposed Dev. Psj. $ 2,500 O Task 3 - Master Plan Preparation $ 6,500 O Task 4 - Implementation Strategies $ 2,500 O Task 5 - Master Plan Document Preparation $ 6,000 O Task 6 - Meetings and Hearings $ 2,500 Total Task 3.3.5 $ 23,500 3.3.6 Traffic/Circulation $ 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 $ 1,5tx) 3.3.10 Emergency Response & Recovery $ 1.700 Total Task 3 $179,881 05/27/9e 10:21 NO.512 • 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 5 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 $ 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 General Plan $ 8,595 Sub -Task 5.2: Public Meetings/Workshops/Hearings $ 11.550 Total Task 5 S 20,145 TASK 6: PREPARATION OP ENVIRONMENTAL IMPACT REPORT (Includes Draft EIR, Final EIR, Meeting Attendance Se Public Hearings) $ 80,948 Total Task 6 $ 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 Documents $ 1,500 Field Reconnaissance $ 500 Base Mapping/Exhibits $ 1,000 Baseline Infrastructure Analysis $ 4,000 Baseline Traffic Analysis $ 1,200 Opportunities and Constraints Analysis $ 1,200 Workshops with Staff $ 5,000 • 05/2?/58 10:21 NO.512 PO3 Task 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 Task5.1 Task 5.2 Joint Workshop with Town Council and Planning Commission $ 1,000 Personal Interviews No Charge Public Hearings $ 2,U00 Staff Liaison/Project Management $ 2,000 Goals and Policies $ 1,500 Develop Alternative Land Use Scenarios $ 3,000 Land Use and Development Regulations $ 5,000 Design Guidelines $ 10,000 Final Draft Development Regulations and Design Guidelines $ 2,500 Administrative and Public Hearing Drafts $ 10,000 Final Specific Plan Document $ 4,000 • Reinnbursables $ 2.500 Total Task 7 $ 59,700 CUMULATIVE TOTAL FEE $420,539 CONTRACT R WAS FIRST AMENDMENT TO AGREEMENT WITH 1.7 ROBERT BEIN, WILLIAM FROST AND ASSOCIATES ...AD FOR GENERAL PLAN UPDATE CONSULTANT SERVICES This AMENDMENT TO AGREEMENT is entered into this 3 ' day o 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:\SHAR.E\SELN.AMO -1- RNIB!i 13 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/MIND $ 232 3. Administrative Final Expanded IS/1\4 D $ 232 4. Final MND $ 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 David W. Knapp, Town Manager Town of Los Gatos Revised October 13, 1998 N:LSHARE\BEIN.AMD Robert Bein, W. liam Frost and Associates By:' . Paul Q'urtis, Manager, Planning Programs -2- ATTEST: Clerk of the Town of Los Gatos, Los Gatos, 0 Town Clerk Approved as to Form: T.> Orr-P'orb, Town Attorney Revised: October 13,1998 N:\3HARE\BEINAMD -3- TO N CLERIC SECOND AMENDMENT TO AGREEMENT WITH Dot ROBERT BE1N, WILLIAM FROST AND ASSOCIATE FOR GENERAL PLAN UPDATE CONSULTANT SERVICE ROO This AMENDMENT TO AGREEMENT is entered into this7�8° day of 1999, by and between the Town ofLos 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 11 $ 17,675 Task 1 Program Organization -$ 11,520 Task 2 Community Participation $ 6,230 N:\DEVNLEDAMEND2.WPD i.Pte.FWPY 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 of the date indicated on page one. Town Los Ga David W. Knapp,Manager Town of Los Gatos ATTEST: Clerk of the Town of Los Gatos, Los Gatos _ ' 'a Marian os ove, Town Clerk Approved as to orm: Orr P!ICorb, Town Attorney N:1DEV\LEEIAMEND2. WPD Robert Bein, William Frost and Associates ,..,5_77 yLaura Worthingto . rbes, Project Manager CONSULTING September 14, 2000 Mr. Paul Curtis, Community Development Director Town of Los Gatos 110 East Main Street Los Gatos, Ca. 95030 '> _.:' "_'fit SEP252U00 TOWN OF PLANNING DEPARTMENT SUBJECT: Third Addendum to Agreement with RBF Consulting (Formerly known as Robert Bein, William Frost and Associates) for General Plan Update Consultant Services: Storm Drain Master Plan Request for Additional Funds Dear Mr. Curtis: As you know, RBF Consulting (RBF) has been diligently preparing the necessary Storm Drain Master Plan and associated maps for the preparation of the General Plan 2000. There have been a number of unforseen challenges and roadblocks along the way that have hindered our progress and have created both obstacles to preparation of the Storm Drain Master Plan, as well as the need for initiation and development of substantially more work than was anticipated in our Town Council approved scope of work. Mr. Bruce Phillips, P.E., Project Hydrologist has outlined these additional work efforts very specifically on the pages that follow. Given that this work effort is substantially complete, you can be assured that the work products engaged were completed in good faith, and I believe should be compensated accordingly. We have discussed each of these tasks with you, Mr. Lortz and Mr. Perlin in detail on Wednesday, August 16, 2000. Based on the August 16, 2000 meeting, we supplemented this request with a matrix description of the original tasks identified in the Scope of Work with a comparison of what we have completed for the Town. This matrix is included as Attachment CCA7f As we noted during our meeting, the brief summary below describes some of the challenges we have encountered, and why RBF is requesting additional funds to cover our burden. • Additional Watershed Base Sheet Information / Level of Detail: Based on Town input, RBF Significantly increased level of detail and number of exhibits to present the Town watershed with the proposed drainage facilities and hydrologic detail. Number of exhibits doubled based upon the suitable scale to present the information. Additional information presented on the exhibits (as PLANNING DESIGN CONSTRUCTION 226 Airport Parkway, Suite 600, San Jose, CA 95110-3705 • 408.451.9260 • Fax 408.451.9261 Offices located throughout California, Arizona & Nevada ■ www.RBFcom Pooled or recycled paper Attachment 2 • Additional/Enhanced Detail of Subarea Delineation: The small drainage facilities associated with the Town required that the watershed delineation be performed on amuch higher degree of detail than originally anticipated for the contract. The detailed delineation required the generation of a five fold increase of subareas and calculation of the drainage parameters. Estimated Additional Manhours: 125 Additional Fee: $10,600 • Master Plan Drainage Facility Evaluation Program : Developed software program which is linked to the hydrology component of the analysis and evaluates the hydraulic facility sizing and deficiency analysis of the existing system. The program is designed to perform the cost estimating for the required facility sizing. Program provides sizing of underground storm drain pipes, culverts, streets, and channels. Estimated Additional Manhours: 45 Additional Fee: $4,200 • Additional Hydrology Analysis for Enhanced Level of Watershed Detail: Work effort to perform additional hydrology analysis with substantially increased amount of subareas and flowpaths than originally anticipated because of the smaller facilities evaluated. Estimated Additional Manhours: 85 Additional Fee: $7,500 Total Additional Fee = $59,100 The above items have resulted in an expenditure of $59,100 of staff time and resources, all of which are not addressed in our currently approved scope of work and which have been expended based on direction and input from Town staff in the coordination efforts for preparation of the Town's Master Plan of Drainage. While I believe the aforementioned bullet items address the heart of the issues, I would be happy to provide any additional detail as necessary. Please give me a call should you have any additional questions. S�ncerely, aura Worthington -Forbes Senior Associate Project Manager -Los Gatos General Plan/General Plan EIR 2000 cc: Mr. Larry Perlin, Public Works Director Mr. Bud Lortz, Assistant Planning Director Mr. Bruce Phillips, Vice President Water Resources/RBF Consulting 650090/memos/hydro-funds. plc 3 August 25, 2000 Attachment A Mr. Paul Curtis Community Development Director 110 East Main Street Los Gatos, CA 95030 SUBJECT: Los Gatos Storm Drain Master Plan Matrix: Comparison of Original Scope of Work to Additional Work Completed. Dear Mr. Curtis: The following matrix has been prepared at your request and the request of Mr. Larry Perlin, Public Works Director following our meeting of August 16, 2000. This matrix should be used in combination with my letter to you dated July 17, 2000. The matrix compares our original scope of work tasks to the work product that we submitted to you on August 16, 2000, and serves as additional justification for the additional fees requested in our letter to you dated July 17, 2000 and again, discussed in detail during our August 16, 2000 meeting. Los Gatos Storm Drain Masterplan - Additional Work Additional Work Item Original Contract Scope of Work Task Additional Work Justification Discussion Additional Watershed Base Sheet Information / Level of Detail Task 1.2 - Initial Base Sheet Development .The amount of additional data required to be input into the base sheet was substantially more because of the smaller pipe sizes which had to be accommodated and verified. The base sheet information provided by the Town had to be adjusted to fit the mapping for other jurisdictions. Drainage System Inventory Compilation Task 1.3 - Existing Drainage System Facility Inventory The fee for this item was specifically indicated as a budget item since it was unknown the level of effort required to perform the research and the amount of existing data or plan available to be reviewed, including field review. Town Rainfall Pattern Evaluation Task 1.4 - Engineering Design Criteria and Objectives The intent of establishing the design criteria was to review previous hydrology studies or established criteria from surrounding jurisdictional agencies and utilize the existing rainfall values. However, there was no consistency in the data used from previous studies within the Town. In addition, other adjacent established criteria such as the City of San Jose or SCVWD did not provide data for this area. Adequate analysis needed to be performed to justify the rainfall values used for the analysis within the Town and it was shown that there is significant variation within the Town depending upon the location so a suitable method had to be developed to provide a variable solution. Hydrologic Criteria Development Task 1.4 - Engineering Design Criteria & Objectives No consistency could be determined from the previous hydrology studies on file for the Town so more extensive research had to be extended to review other multiple cities and counties in the area. The review indicated older methodologies which had to be brought to a more current standard, so a hybrid criteria was formed which best suited the Town, but was still consistent with other surrounding practices. Watershed Hydrology Analysis Program Software Development Task 2.3 - Baseline Hydrologic Analysis The rational method hydrology was always proposed to utilize existing software, a national rational method program. However, because of the rainfall data and the other hydrologic criteria this could not be directly applied, so spreadsheet software was developed specific for the Town. Additional & Enhanced Detail of Subarea Delineation Task 2.1 - Watershed Delineation More delineation and characterization of watershed parameters required because of the increased level of detail associated with the smaller storm drain pipe sizes evaluated. Masterplan of Drainage Facilities Software Evaluation Program Task 2.4, 2.5, 3.3, & 3.4 - Existing Drainage Facility Hydraulic Capacities, Drainage Deficiency identification, Preliminary Facility Sizing & Hydraulics, Preliminary Construction Cost Estimate The original national rational software proposed for the project could not be applied which would perform the deficiency analysis and estimated facility costs. A custom spreadsheet software program was developed specific to the Town which also included automatic hydraulic analysis of culverts and channels which the other programs would not do, but was needed for the Town because of so many of those type of facilities not originally anticipated. Additional Hydrology Analysis for Enhanced Level of Subarea Detail Task 2.3 & 3.2 - Baseline Hydrologic Analysis, Ultimate Hydrologic Analysis Many more subareas had to be input into the hydrology analysis software because of the vastly increased number of subareas associated with the smaller facilities which were needed to be evaluated. Typically master plan level only evaluates to 36" or 42" diameter. However, for the Town we were evaluating down to 12" diameter pipes. Please give us a call if you have any additional questions or concerns. Sincerely, aura Worthington - Senior Associate/Pro ect Manager cc: Mr. Larry Perlin, Town of Los Gatos Mr. Bruce Phillips, Vice President Water Resources, RBF Consulting COUNCIL AGENDA REPORT DATE: October 16, 2000 TO: MAYOR AND TOWN C_G' N IL FROM: TOWN MANA SUBJECT: REMARKS: MEETING DATE: 10/16/00 ITEM NO. / 7 DESK ITEM ADOPT RESOLUTION AUTHORIZING TOWN MANAGER TO EXECUTE AMENDMENT NO. 3 TO AGREEMENT WITH RBF CONSULTING (FORMERLY KNOWN AS ROBERT BEIN, WILLIAM FROST AND ASSOCIATES) FOR GENERAL PLAN SERVICES The agenda item and staff report requests the Council to adopt a resolution amending the contract agreement for the General Plan Update with RBF Consultants. The Council does not need to adopt a resolution to amend the agreement. The correct recommendation is for the Town Council to: APPROVE AMENDMENT NO. 3 TO THE AGREEMENT WITH RBF CONSULTING (FORMERLY KNOWN AS ROBERT BEIN, WILLIAM FROST AND ASSOCIATES) FOR GENERAL PLAN SERVICES. N:\DEV\CNCLRPTS\RBFDESK PREPARED BY: BUD LORTZ ASSISTANT DIRECTOR OF COMMUNITY DEVELOPMENT Reviewed by: Attorney pm Revised: 10/16/00 2:13 Reformatted: 7/14/99 Town Council Minutes October 16, 2000 Redevelopment Agency Los Gatos, California FISCAL YEAR 1999-00 YEAR END REPORT (08.09) Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, to accept the Fiscal Year 1999-00 Year End Report; bring the Manager's Contingency Fund to $100,000, and leave the rest of the surplus funds unallocated. Carried by a vote of 3 ayes. Mr. Attaway voted no. Mr. Hutchins absent. RULES OF CONDUCT/ TOWN MEETINGS/CODE AMENDMENT/COUNCIL POLICY (16.12) Mayor Blanton stated that this was the time and place duly noted to consider introducing an ordinance for the purpose of adding language to the Town Code prohibiting willful interruptions of meetings of the Town Council and other boards and commissions. Ray Davis, resident, spoke against this ordinance and in support of his own actions. Motion by Mrs. Lubeck, seconded by Mr. Attaway, to waive the reading of the Proposed Ordinance. Carried by a vote of 4 ayes. Mr. Hutchins absent. The Town Clerk read the title of the Proposed Ordinance. Motion by Mrs. Lubeck, seconded by rnr. Attaway, that Council introduce the Proposed Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AM ENDING IN ITS ENTIRETY SECTION 2.20.020 TO ADDRESS WILLFUL INTERRUPTIONS OF MEETINGS AND RULES FOR CONDUCT. Carried by a vote of 4 ayes. Mr, Hutchins absent, GENERAL PLAN SERVICES/AGREEMENT RBF CONSULTING/RESOLUTION 2000-128 (17.38) Ray Davis, resident, spoke to the Causey Lane drainage project. Motion by Mr. Attaway, seconded by Mr. Pirzynski, that Council approve Amendment #3 to the Agreement with RBF Consulting (Formerly Known as Robert Bein, William Frost and Associates) for General Plan Services). Carried by a vote of 4 ayes. Mr. Hutchins absent. HABITAT FOR HUMANITY/REDEVELOPMENT HOUSING SET AS1DE/CHARLES ST. (19.15) Mayor Blanton noted that this was the time and place so noted to discuss authorizing grant not to exceed $587,000 to Silicon Valley Habitat for Humanity from Redevelopment Agency Housing Set Aside. Ray Davis, resident, spoke his views on this issue. Motion by Mrs. Lubeck, seconded by Mr. Attaway, to authorize grant not to exceed $260,000 to Silicon Valley Habitat for Humanity from Redevelopment Agency Housing Set Aside (9604-72118). Carried by a vote of 4 ayes. Mr. Hutchins absent. ADJOURNMENT Motion by Mrs. Lubeck, seconded by Mr. Attaway, to adjourn this evening's meeting at 11:30 pin. Carried by a vote of 4 ayes. Mr. Hutchins absent, ATTEST: Marian V. Cosgrove Town Clerk TCDI0:MM101600 9