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1999-146-Authorizing The Town Manager To Execute Second Amendment To Agreement With Robert Bein, William Frost And Associates For General Plan Update Consultant ServicesRES®1C.~.TT~ON Il999 e fl~6 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 SER~IICES W)FIEREAS, the Town entered into an agreement with Robert Bein, William Frost and Associates for General Plan Update consultant services on TeRay 26, 1998; and W~IEREA.S, 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. 1'A,SSED AND ADOPTED at a regular meeting of-the Town Council .held on the 20Tx day of September, 1.999, 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: ATTEST: `~ ~~~ CLERK OF TIDE `I°~W<1'~ OF LOS ATOS LOS GATOS, CALIFORNIA ATOS S : \P%,N9-20.12 M ~ /~jJ ~~,,~r .SECOND AMENDMENT TO AGREEMENT WITH ROBERT BE1N, WILLIAM FROST AND ASSOCIATE FOR GENERAL PLAN UPDATE CONSULTANT SERVICI~..--~ R> This AMENDMENT TO AGREEMENT is entered into this _ day of 1999, by and between the Town of Los Gatos, State ofCalifornia, herein called "Town,".and Robert Bein, William Frost and Associates, herein called "Consultant:" RECITALS A. Town and Consultant entered into anAgreement -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 `2Vorth 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 listc~ 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 $1:5,000 to cover the additional costs related to the General Plan Rewrite Subcommittee. AMENDMENT Paragraph l 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;~DEV~LEE~AMEND2. WPD hTTACHMENT I. 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 of the 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 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 Approved as to Form: Orry P. Korb, Town Attorney Robert Bein, William Frost and Associates ~5_~ Laura Worthingto -F rbes, Project Manager 1Q;~DEVILEE~MEND2. WPD ~,,~t Irv rv Lt~~a. oRn R8C AGREEMENT FOR GENERAL PLAN UPDATE CONSULTANT S1~~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" . RF(`.iTAi,S A. The Town is considering undertaking activities to update the General Plan and adopt a North Forty Specific Plan. f B. The Town desires to engage this consulting firm to provide consulting cervices 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 affums that it is qualified and willing to .perform the desired work pursuant to this Agreement. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Consultant will provide General Plan update services. The project tasks aze summarized below: Facilitation: Task 1 General Plan Task Force II meetings Task 2 GPTF IIsub-committee meetings Task 3 Town Business .License General Plan update, North Forty Specific Plan .and Environmental Review: Task 1 Program Organization Task 2 Community Participation Task 3 Existing Conditions/ Data Collection Task 4 Administrative Draft General Plan Task 5 Final General Plan preparation Task 6 EIR preparation Task 7 North Forty Specific Plan A more detailed list of tasks and projected costs are listed in Exhibit A. Revised: March 11, 1997 Page 1 of 8 N; \Dl?V\KS\GPUPDATE.CGN EXHIBIT 1 2, Time of Performance. The services of the Consultant are to commence upon the execution of his Agreement with completion of the program by April 2000, as provided for in Consultants Project Schedule. 3, Cornnliance 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 :pro ession. onsu represen an warrants to own onsu tant s a , at i so e 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 L,o Gatos business license pursuant to Chapter 14 of the Code of the Town of Los Gatos. 4, ole Responsibility. Consultant shall be responsible .for employing or engaging all .persons necessary to perform the services under this Agreement. 5, jr~formation/Renort 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 ~y 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 txade 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 li, t997 Page 2 of 8 N: \DEV\KS\GPUPDATE.CON 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 ~y 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) yearn 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. $. Proiect Manager. 'The Project :Managers for the Consultant for the work under this Agreement shall be Paul Curtis and Laura-Worthington Forbes. 9. Ass' bili , 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. 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 951.10 or .personally delivered to Consultant to such address opt such :other address as Consultant .designates in writing to Town. " xe~i~a: Mph ii, i9~ Page 3 of 8 N: ~DEV~KS\GPUPDATE. CON 11. dependent CS tractor, 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 Borne obligations under this Agreement by subcontracting, but may .not delegate ultimate responsibility for performance or assign or transfer interests under [his 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 ~ 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 Lnterest. 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 induect interest adverse to those of the Town in the subject of this Agreement, and it shall immediately disassociate itself .from such an interest should~t 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. F.aual loyment Fortur~rv,. 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. IIISU,T~IItig. A. Minimum Scope of Insurance: i. Consultant- agrees to have and maintain, for the duration of the contract, R~~;~~d: M~ti ii, i~rr ~ .Page 4 of 8 N: \DEV\KS\GPUPDATE. CON General Liability insurance policies insuring him7her 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. r .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 Tiability 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: i. 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 he 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. ltevisea: March 11, 1997 Page 5 of $ N:\DEV\KS\GPUPDAT'E.CGN C. All CoYerages: 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. ~l 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. C*overrLng aw. 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 Ag~ement. 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 ady, shall be adjusted in light of the particular facts and circumstances involved in such termination. Re~;~a: M~~ ti, inn Page 6 of 8 N; \DEV\KS\aPUPDATE.CON 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. Disnu~. 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). Rev;sea: ~e ti, t~ Page 7 of 8 , N:1DEV~KSIGPUPDATE.CGN Town of Los Gatos David W. Knapp, Town anager Town of I.os Gatos S.ZS , 9 8 ~~~,~ Consultant: Paul Curtis Robert &in, William Frost dt Associates ~~' L/G ~~~ ~ls Print Name r Title ATTEST: Clerk of the Town of Los Gatos, Los Gatos, California ~~ M os ve, Town Ckrk Approved as to Form: Orry P. ,Town Attorney a~r;~a: ~ 33.3947 Page $ of 8. N:~DBV~RSIGPUPDATB.CON ~ , 05i2?~98 10:22 N0. 512 P04 FACILITATOR Tasks: Meeting with Town Staff Prepare meeting strategy and agencl~i ['repare background reports .......................................... Tasks: Mccting Attendulce Mating Preparation and Fvllvw-Up Y Peeples notice and agenda ~ Preplre and Distribute Issue Paper/Reports O Preparc Graphics (Display/Exhibits) O Prepare meeting notes/ntinutr:+ 4 Follow-up of Action .Items ~ Follow-up meeting with Town Staff ............... $550 pex meetutg .... $1,1UU per meeting NOTE: It is IZBF's experience that this is the "typical" cost fora citi2en task force meeting (average 3 hours/meeting); if actual casts are less because of shorter meetings, combination of Town Staff meetings, etc., billing will be adjusted accordingly. Tasks: Mceting Attendance Meeting Preparntion and Fallow-Up 4 Prepare background report ,~ 4 Prepue Subcommittee muting notes ,1 Follow•up itteeting with Town Staff ...................... $550 per meeting Budget Summary; Preparation :Meetings with Town Staff (10 meetings ®$550/meeting) ............................... No Charge General PIai1 Tawk Pone II (10 meetings ©$1,100/meeting) ............................ $11,000 Subcommittee (5550./meeting) $6,600 Town of Los Gatos [iusiness License $75 TOTAL BUDGET 517,675 E1(HI91T A 0512?i98 10.21 N0. 512 X61 TASK 1 :PROGRAM ORGANIZATION Sub-Task l.l; Scoping Meeting Sub-Tatik 1.2: Comin~u~ications Sub-Task 1.3; Base Maps Total Taak 1 ~~~~ $ 2,320 $ 4,200 F S 5.000 $ 11,320 TASK 2 COMMUNTIY PARTICIPATION PROGRAM (option~i) TASK 3: EMSTING CONDITIONS AND DATA COLLECTION Sub-Task 3.1; Field Reconnaissance $ 2,150 Sub-Task 3.2: Tectuuczl Evaluation of Existing General Plan $ 2,775 Sub-Task 3.3: Data Collection/Existing Conditions Report 3.3,1 Geologic/Seirmic Hazards $ 23,320 3.3.2 Noise ContourM~ps/?-i~alysis $ 5,73ti 3.3,3 Public Services ~ 2,000 ~ 3,3.4 Public Facilities $ 10,000 O Public Fac./Infras. Fhlancing Alt. $ 5,000 3..3.4.1 'Storm Drain Master Plan O Fhase I - t3ageline Data Inventory $ '36;000 O Phase II -Drainage Deficiency LU. $ 37;000 ? Phase III - AlternativF Drainage.System Evil. $ y,U()c) • Phase IV -Design Report $ 9,OW 3.3.5 Tralti and Bikeways Master Plan O Task 1 • Existutg Londitions, Inventory./ Res. $ 3,.500 t Task 2 -.Analyze. lxisting & Proposed Lev. Prj, $ 2,500 4 Task 3 • Master Plan Preparation $ 6;500 O Task 4 -Implementation Strategies $ . 2,5W • Task 5 -Master P1u1 Dcxument Preparation $ G;OW • Task 6 -Meetings and Hearings $ 2,500 Total Task 3.3.5 3.3.6 3.3.7 3,3.8 3.3.9 3.3.'10 Total Taak 3 GENERAL PLAN UPDATFJEIRlNORTH FORTY SPECIFIC PLAN BUDGET Traffic/Circulation O Uptional Traffic Counts Lana vee survey I-iousir-g Hazardcnts Materials Emergenry Response & Recovery 5 23,soa $ 7,500 $ .2,500 ~ 1,200 $ 1,5(H) 1.71 5179,881 es~2~~9a ie:zi rao, 512 oe2 'TASK 4: PREPARATION OF ADMINISTRATIVE DRAFT GENERAL PLAN Sub-Task 4,1; Adminish~ative Urat't Ceneral Plan (includes update of 6 Mandatory Slements, Auld.adoption of 1 New Elements) SuU-Task 4.1.1: 5af'ety )rleutent $ 2,340 Sub-Task 4.1.2: Noiar Klement $ 2,000 Sub-Task 4.1.3: Public Facilities/Infrastructure $ 7,250 Sub-Task 4.'1.4: Traffic/Circulation Element $ 17,5(>V Sub-Task 4.1:5: Lanel Use Elelnent ~ 6rS00 Sub-Task 4.1.6. Lu1d Use Altemativrs $ 4500 Sub-Task 4,1J: Housing Blemer,t (June 1997!) ~ $ 1,500 Sub-Task 4.1.8: Conservation/Historic Preservation Element $ 1,750 Sub-Task 4.1:9; Update kemainiiig Elements ~+ 1.1(X) Total Taak 4 344,440 TASK 5: PREPARATION OP PINAL GENERAL PLAN .Sub-Task 5.1; Flnal Ceneral Plan 3 $,595 Sub-Task 53: .Public Meetings/Workshops/Hearings ~ 11550 ,. Total Task 5 3 20,145 TA~~K b: PREPARATION OP ENVIRONMHNTAL :IMPACT REPORT (Includes Draft EIR Final fsIR, Meeting Attendatlce 6c Fublit Hearings) $ 80,94A Total Task 6 S 80,948 Task 7; PREPARATION OP NORTH FORTY SPECIFIC PLAN (OPTIONAL) CUMULATIVE TOTAL FEE $326,934 OPTIONAL TASKS Taok Zd COMMUNTIY PARTICIPATION PROGRAM' Sub-T~sk 2.3: Tlifoimatiunal Display $ 4,730 Sub-Task 2.7; News Releases $ 1500 Total Task 2 (Optional) $ 6,230 TASK 7; Noxth Forty Specific Plan Task 1,1 Define Nroject Objectives, Conoerns, and Requirements $ 2,000 Task 1.2 Research of Existing ~ocwnenN $ 1SW Task 1.3 Fielc~l Recorutaissance $ , .500 Task 1.4 Base Mapping/Cxhiblts $ 1,000 Task 1.5 Baseline Infrastructure Analysis $ 4,~1 Task 1.6 Baseline Traffic Analysis $ 1,200 Task 1.9 Opportunities uld Constraints Analysis $ 1.200 Task 2.1 Workshops with Staff ~ 5,000 05i27i98 10:21 N0, S 12 D03 Task 2.2 Joint Workshop with Town Council and Planning Couuni son $ 1,000 Task 2,3 Personal Interviews No Charge Task 2.4 Public Hearutgs ----- -- $ 2,UW Task 2.5 Staff Liaison/ProjectManagement~ S 2,000 Task 3.1 Goal:: and Polices $ 1SO0 Task 3.2 Develop Alternative L~uid Use Scenarios $ 3,U(k) Task 4,1 Land Use and Developnteilt Regulations $ 5,000 Task 4.2 Design Guidelines $ Y0,000 Task 4.3 Fu1a1 Draft Development Regulations and Design Guidelines ~ f $ 2,500 'T'ask S.1 Administrative and Pul,li~ Hearing Uraf#s $ `IO;WU Task 5,2 Final Specific Plan Document $ 4,000 O IZeinibursables ~ 2.500 Total Task 7 $ 59,700 CUMULATIVE TOTAL FEE $420,539 ts~r~-ct FIRST AMENDMENT TO AGREEMENT WITH ~ ~ .; _ ~" ROBERT BEIN, WILLIAM FROST AND ASSOCIATES ~,p '~~ ,~„~~...~.`.' '"~ '~ FOR GENERAL PLAN UPDATE CONSULTANT SERVICES :,~ ~~"~'~~~""~~ ~^ ;~~~"~'1~ ~ ~ ' ~ ' This AMENDMENT TO AGREEMENT- is entered into this ~ 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 Cali:forn:ia 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 Agri went 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 $T2,057 to cover said additional services. 1. Paragraph 1 of the Agreement is 'hereby amended to add the following to the Scope of Services; TASKS 1. Administrative .Draft Initial Study Project Description Effects Found Not to be Significant Environmental Impact Analysis Geology and Soils Sufrace Water Hydrology .Land Use Compatability Traffic and Circulation Air Quality Aesthetics Revised Oatobar 13, 1998 ~ 1 N:~9HARE~BAN.AMD COSTS $1,380 $ 221 $ 116 $ 453 $ 453 $ 453 $1,625 649 $ 569 E1fHIBIT 2 Public Services, Utilites and Facilites Noise Cumulative Impacts Growth Inducing Impacts CEQA Review/Quality Control 2. Preparation of the Draft Expanded IA./MND 3. Administrative Final Expanded IS/MI~1D 4. .Final. MND 5. PREPARATION OF CEQA NOTICES 6, MITIGATION MONITORING 7. Public Meetings/Hearings 8. Project Management/Meetings F $ 801 $ 88.1 $ 337 $ 221 $ 630 $ 232 $ 232 $ 232 $ 55 $ 232 $ 840 $ 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/IVIlVD $ 35 Draft IS/MI~iD $ b0 Admin final ISl°~v1ND $ 3 5 Final MND ~ $ 60 MMP - 5 Copies $ 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 Robert Bein, W' Liam Frost and Associates ~~y By: Paul urtis, Manager, .Planning Programs Revived: OcWbetY3, 1998 ~2- Ns49HARE~BEIN.AMD ATTEST: Clerk of the Town ofLos Gatos, ,~ Los Gat/os, Caii~£o ' ~ J~ Mari s o ,Town Clerk Approved as to Form; Orr~P:' orb, Town Attorney ~, Rsvued: October [3,1996 _3 N!V9HARE~HHIN.AMD