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1998-110-Enter Into An Agreement With The Watry Design Group To Provide Project 9925 Downtown Parking Structure Feasibility Study For parking Lots 2 And 13RESOLUTION 1998 - 110 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH THE WATRY DESIGN GROUP TO PROVIDE PROJECT 9925 DOWNTOWN PARKING STRUCTURE FEASIBILITY STUDY FOR PARKING LOTS 2 AND 13 WHEREAS, the Town lacks the staff and experience to conduct the study and; WHEREAS, the Town is interested in constructing a new parking structure and; WHEREAS, it is in the best interest of the Town of Los Gatos to provide a Downtown Parking Structure Feasibility Study for Parking Lots 2 and 13 to determine the best site for future development. WHEREAS, the Warty Design Group is qualified by education and experience and; NOW THEREFORE BE IT RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the Town of Los Gatos enter into an agreement (Exhibit A) with the Watry Design Group to provide a Downtown Parking Structure Feasibility Study for Parking Lots 2 and 13, and that the Town Manager is authorized, and is hereby directed, to execute said contract /agreement in the name and on behalf of the Town of Los Gatos. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 6th day of July, 1998 by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Ian Huthins Mayor Linda Lubeck. NAYS: None ABSENT: None ABSTAIN: None SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA a tl+ AGREEMENT FOR PARKING CONSULTANT SERVICE �!�) THIS AGREEMENT is entered into this day of ROO_ Dy"'�" and between the Town of Los Gatos. State of California, herein called the "Town ", and the WATRY DESIGN GROUP, engaged in providing PROJECT 9925 DOWNTOWN PARKING STRUCTURE FEASIBILITY STUDY consulting services herein called the "Consultant ". A. The Town is considering undertaking activities to provide a Downtown Parking Structure Feasibility Study for Parking Lots 2 and 13. B. The Town desires to engage a Parking Consultant to provide consulting services in conjunction with the Downtown Parking Structure Feasibility Study for Parking Lots 2 and 13, 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. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Scope of Services. The Consultant shall provide the following services listed below. As per Attachment A, which is by this reference incorporated herein. 2. Time of Performance. The services of the Consultant are to commence upon the execution of this Agreement with completion of the program as provided for in Consultants "Scope of Services" (attached hereto as Attachment 2 and incorporated by reference herein). 3. Compliance with Laws. The Consultant shall put forth its best reasonable professional effort to 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. Revised: March 11, 1997 Page 1 of 8 N: \B &E\,Mn.LffiWGREEMEN\WATRY.AG 1 4. o, le 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. Town's use of the reports, design, and data shall conform to governing law. 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.. (a) Payment. The total compensation for the services required by the Scope of Work as set forth in Section 1 and Attachment A of this Agreement shall not exceed $41,300. Town shall withhold final payment of at least TEN (10) percent of the full contract amount until such time that the Final Report has been accepted by Town Council. (b) Invoicing and Payment for Services within Scope of Work. Subject to the invoicing requirements set forth in this section, payment for services within the Scope of Work shall be made upon satisfactory completion of all tasks within each phase described in Section 2 and Attachment A of this Agreement and in the dollar amounts attributed to each phase as also set forth in the Section. Consultant shall present Town with invoices listing each task of each phase for which payment is sought along with written acknowledgment by the Town, signed by the Town Director of Parks and Public Works, or designee, that each task within each phase for which payment is sought has been completed to the Town's satisfaction. Town shall only pay for satisfactorily completed phases. Whether completed or not, Town shall not pay for individual tasks within any phase of the project. Invoices shall also include the Town purchase order number. Revised: March 11, 1997 Page 2 of 8 N: \B&.E\MILLIE\AGREEMEM WATRY. AG l (c) Costs. Consultant shall be reimbursed for costs incurred in a total amount not to exceed $1,300. Reimbursable costs shall include mileage at the rate of 5.32 per mile, postage, delivery charges and duplication at the rate of $.15 per page. Other costs shall be reimbursed only upon evidence of the written approval of the Town obtained prior to incurring the cost. (d) CQmpensation for Additional Services. Consultant shall be compensated for services performed at Town's request in addition to those required by the Scope of Work on an hourly basis as follows: (1) President at $150 per hour. (2) Principal at $100 per hour. (3) Sr. Project Manager at $95 per hour. (4) Project Manager at $90 per hour. (5) Job Captain a $80 per hour. (6) Senior Designer at $70 per hour. (7) Staff Designer at $60 per hour. (8) Clerical at $40 per hour. Consultant shall not be compensated by Town for any services performed in addition to those required by the Scope of Work unless those services were requested in writing by Town in advance of performance. (e) InvoicinE for Additional Service s. Consultant shall submit invoices describing in detail the additional services performed, the date(s) on which the services were performed, the person who performed the services, the rate at which the services are being billed, any costs incurred in performing additional services, and the Town purchase order number. Invoices shall be accompanied by a copy of the Town's prior written request for the additional services for which compensation is claimed. (f) All invoices are payable net 30 days of the date the invoice is received by the Town. A service charge of 1.5% per month will be added to all outstanding accounts over 30 days old, except that no service charge shall be added to any invoiced amount(s) that has been questioned by Town pursuant to Section 6 of this agreement. Town shall use its best efforts to resolve all disputes concerning invoiced amounts within a reasonable time. 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. Revised: March 11, 1997 Page 3 of 8 N: \B &E\Mn.L1E\AGREEMEN \WATRY.AG I 8. Project Manager. The Project Manager for the Consultant for the work under this Agreement shall be Scott R. Baker, Director of Parks and Public Works. 9, Ac�bilijy and Subcontracting. The services to be performed under this Agreement are unique and personal to the Consultant and those firms that Consultant will subcontract as expressly provided in the scope of work pursuant to Section 1 and Attachment A of this Agreement. Other than as indicated in the scope of work, no services to be performed under this Agreement shall be assigned or subcontracted without the prior written consent of the Town. Notwithstanding the scope of work, Consultant shall retain ultimate responsibility for performance under this Agreement. 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: Scott R. Baker Director of Parks and Public Works Town of Los Gatos 110 East Main Street Los Gatos, CA 95032 To Consultant: Michele Wendler Watry Design Group /Architect/Principal 1500 Fashion Island Boulevard San Mateo, CA 94404 -1556 or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town. 11. Independot Contractor. It is understood that the Consultant, and those subcontractors expressly provided in the scope of work pursuant to Section 1 and Attachment A of this Agreement, 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. Revised: March 11, 1997 Page 4 of 8 N: \B&E \MILLIE\AGREEMEN\ W ATRY.AG I Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under d Agreement. Consultant shall be con. asated for its costs and expenses in preparing tor, 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" for purposes of this Section 12 includes those subcontractors expressly provided in the scope of work. Consultant and those subcontractors expressly provided in the scope of work pursuant to this Agreement, understands that its professional responsibilities is solely to the Town. The Consultant and those subcontractors expressly provided in the scope of work pursuant to this Agreement, has and shall not obtain any holding or interest within the Town of Los Gatos. Consultant and those subcontractors expressly provided in the scope of work pursuant to this Agreement, 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 and those subcontractors expressly provided in the scope of work pursuant to this Agreement, warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the Town in the subject of this Agreement, and it shall immediately disassociate itself from such an interest should it discover it has done so and shall, at the Town's sole discretion, divest itself of such interest. Consultant and those subcontractors expressly provided in the scope of work pursuant to this Agreement, 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 and those subcontractors expressly provided in the scope of work pursuant to this Agreement, discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant and those subcontractors expressly provided in the scope of work pursuant to this Agreement, 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, 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. Revised: March 11, 1997 , Page 5 of 8 N: \E& E\M n.L1[RAGREEMEN\ W AIRY. AG 1 ii. Cor 'tart agrees to have and maintain for tF iuration of the contract, an Automobile Liability insurance policy ensurir16 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. 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. Revised: March 11, 1997 Page 6 of 8 N: \B& E\M ILLIE\AGREEM EN\ W AIRY. AG I D. In addition tc 'tese policies, Consultant shall havr nd maintain Workers' Compensation Laurance 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 naw. 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. The parties may elect but are not required to submit to nonbinding mediation any dispute arising out of or relating to this agreement. 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 Attachment 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. 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 parry shall be entitled to reasonable attorney's fees, as well as costs not to exceed $7,500 in total. 21. Entire Agreement. This Agreement including Attachment A incorporated by reference herein, 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. Revised: March 11, 1997 - Rage 7 of 8 N:IB &E\M ILLIE W G REEM EN\ W AIRY. AG I IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement as of the date indicated on page one (1). Town of Los Gatos David W. Knapp, Town Manager Town of Los Gatos ATTEST: Clerk of the Town of Los Gatos, Los Gatos, California Marian V. Cosgrove, Town Clerk Revised: March 11. 1997 N: \B &EN1LL1E\AGREEMEN\ W AIRY. AG 1 Watry Design Group Michele Wendler Architect /Principal Approved as to Form: Orry P. Korb, Town Attorney Page 8 of 8 Los Gatos Parking Struck. , Feasibility Study Watry Design Group scope of Work Our initial step will be to meet with the Town Staff to finalize objectives, review the work plan and finalize a schedule in conjunction with the Town. We wll then gather all available data, drawings, and plans. The parking needs wll be assessed by Fehr & Peers Associates. Existing parking conditions as provided by the Town Traffic Engineer will be combined with on -site and off -site traffic and parking surveys by Fehr & Peers Associates to provide a written update to the surveys prepared by Ampco Systems Parking in 1994. Lowney Associates will perform an investigation of the groundwater and contamination issues. They will review existing soils reports from nearby sites, as provided by the Town. The project team will analyze and evaluate all available data, mapping, and plans relative to the site. This evaluation will include: • Pedestrian and auto access to and egress from site; • Site layout - structure height and depth, the number of parking stalls, the circulation patterns, etc.; • Constraints of the site- street capacity, accessibility, etc. as well as the need for additional property acquisition Watry Design Group will meet with the Town Staff to present these findings, and help them prepare for public outreach. A Collaborative Process Workshop will be held with all the stakeholders. Watry Design Group will facilitate critical public participation activities to elicit and evaluate stakeholder viewpoints on all key development issues such as design, construction, financing, and operation of the new parking structure. The results of these efforts will then be incorporated into the final report, which will represent the people of Los Gatos. WATRY will produce three layout options for Lot #13, and two layout options for Lot #2. These options include ground and typical floor plans, a preliminary building section, and schematic elevations. An estimation of probable construction cost will be prepared for each option, All of the research results will be compiled into a report for the Town Council. This report will describe the entire process and provide recommendations to the Town. Watry Design Group will present a preliminary report to the Town Councl and incorporate any comments into a final report Los Gatos Parking Structure Feasibility Study Fehr & Peers Associates, Inc. Scope of Work Attend Kickoff Meeting with Town Staff —Fehr & Peers Associates will attend the kick off meeting with Town staff to initiate the parking feasibility study. The study methodology and available data will be discussed. Review Available Information in the Parks & Public Works Department—Available parking and traffic data within the study area with be obtained from Town staff, This information will be reviewed to determine the existing parking and traffic operating conditions in the study area. No new parking surveys or traffic counts will be Conducted- (Note- We need to do this before the Site Review and Demand/Supply Analysis) Site Review and Demand/Supply Analysis - -Using the information obtained from ft. Town, including a current description of the Old Town project (development sizes and use and planned parking supply), Fehr & Peers will estimate the existing and future parking demand at Lots #2 and #13. This analysis will include limited observations of parking and traffic conditions at the existing parking lots. As noted above, no new quantitative data will be collected. In addition, the traffic impacts of the proposed parking structures on the nearby street system Will be evaluated in a qualitative manner. Meeting with Town—Fehr & Peens will attend a meeting with Town staff to discuss the results of the parking demand/supply analysis. Town Meeting for Collaborative Process Workshop —Fehr & Peers will attend this workshop. Los Gatos Parking Feasibility Study Work Scope for Robert Goldman Kitkoff Meeting Review available City Information Provide Flooding Options 1. Analyze market potential for integrated commercial uses. The purpose of this subtask is to provide an overview of the market potential for commercial uses within a parking structure in downtown Los Gatos. It will include looking at the type, size and rents that would be supportable for such tenant spaces. 2. Identify and evaluate financing mechanisms in other California cities. This task involves looking at some recent experiences in other Californai cities that might be applicable in Los Gains. 3. Describe funding mechanisms and discuss pros and cons A full array of funding mechanisms and approaches will be briefly described and their pros and cons assessed. 4. Estimate Revenue requirements and revenue yields for parking and funding alternatives. The financing requirements of each alternative will be estimated and projected over the appropriate financing period Revenue projections from a variety of funding sources will be projected. S. Examine financing burden, assess economic feasibility The results of the previous subtask will be assessed against current market conditions in Los Gatos. Town Meeting 1 Town Meeting 2 LO II�MrASSOCIAT_ :..::... ;ma /Gae•a ° °r:v.�:ltnrynear�ng Se.vicee Ms. Heather Sturm WATR'Y DESIGN GROUP 1500 Fashion Island Boulevard, Suite 200 San Mateo, California 94404 Dear Ms. Sturtz: June 3, 1998 P8330 R8: AGRE 04ENT FOR G mrECmmr_ -%L AND ENVIROMWENTAL SERVICES LOS GATOS PASI{ M STUDY LOS GATOS, CALIFORNIA M n V, Oo4bnd NhJSOnldt Thank you for requesting our agreement for geotechnical and environmental services for the above referenced project in Los Gatos, California. We have outlined below our suggested scope of services and fee to complete a geotechnical feasibility review and either an environmental feasibility review or a Phase I environmental site assessment for the project. In preparation of this agreement, we have discussed the project with you and reviewed our previous work in the area. We first present our understanding of the project followed by our detailed scope of services. Our scope of services was carefully developed to rely on our familiarity with the geocechnical conditions in the area and to provide suitable information for conceptual planning and preliminary design. PROJECT DESCRI MON We understand that the Town of Los Gatos is considering the feasibility of constructing a parking structure on either Lot 2 or Lot 13. Lot 2 is located just east of Santa Cruz Avenue between Bachman Avenue and Royce Street. Lot 13 is located at the northwest comer of the West _Main Street and Victory Lane intersection. The etsdng parcels are currently used as at -grade parking lots. We understand that the proposed parking structure is likely to be a multi-level structure, with possibly one to two levels of below -grade parking. The parking structure is likely to be of reinforced,and post - tensioned concrete construction. SCOPE OF SERVICES Our detailed scope of services is presented below. TASK L• GEOTFCM41CA.L F'EASIBII..ITY REVIEW La=atu:e Rcvir . We would review available geotechnical reports on file at the Town of Los Gatos and available geological maps of the vicinity. Sitc Conditions We would summarize the anticipated subsurface and ground water conditions of the downtown Los Gatos area. We would also perform a brief site reconnaissance of each lot. _.... _. - ,n -, n11 n morn, T... 4 In u1 IOAO 4...,. CI +A P1 A• c-"U 1- .....,,..eL ..- ,.... ....M watry Design Group PSM,, Los Gatos Parking Study FeasaAuty Evahmition: We would prepare a letter summarizing the results of our review and our opinion regarding the feasibility of constructing the proposed parking s"c ure from a geotechnical viewpoint and any potential geotechnical concerns and development considerations for each lot. We would also discuss the likely foundation alternatives and basement excavation considerations. TASK II: ENVIRONMM7TAL FEAST U TY REVIEW An environmental feasibility review will provide you with screening -level information on the potential presence of significant environmental concerns with the site, which may need to be addressed prior to side development. The scope of work for the feasibility review will include a site history review, site reconnaissance, and regulatory agency file review. we will prepare a letter summarizing the results of our review and our opinion regarding the feasibility of constructing the proposed parking structure from an environmental viewpoint and any potential environmental concerns and development considerations for each site, TASK III: P* ASE I ENVIRONMENTAL STU ASSESSMENT - OPTIONAL NOT INCLUDED As requested, we have also included an option cost for a complete Phase I preliminary environmental site assessment of the property. A Phase 1 assessment will provide you with more complete information on the potential presence of significant environmental concerns with the site, and site vicinity, which may need to be addressed prior io site development- The scope of work for the Phase I assessment wouid be performed in general accordance with the requirements of American Society of Testing and materials (ASTW designation E 1527.97, and would include a site history review, regulatory agency file review, site and vicinity reconnaissance, review of a regulatory agency database report on hazardous materials incidents in the vicinity of the site, and preparation of a report presenting conclusions and recommendations for the site. TASK IV: PROJECT MEETINGS We would attend project meetings, as needed, during the feasibility study. We assume that we would attend the kickoff meeting at the Town of Los Gatos on June 17, 1998, and up to two meetings with the design team. UNNEYASSOCIATM Page 2 Fawrortrwr+af G.Q%Ch "f 5'0i9eB(M 5+rviau CL � 0 � c � § O � � R � � 2 co � � ■ ■ LL CN a � c ■ � � 0 m c � � ■ a. # R ■ � ■ 0 .j 2 , -- \ } § k k \ \ \ \ a J a I � \ ) k ) ) k } "jigs \ J A L \ {) k 7 2 k k k $ \ƒ 7 ) � ■ ! , ) ! 7 ! f % ! � ! ! ! )) k EP k k § 7 / J ■ ! � \ ? ! � _!�_ CL N o m � a NC w r m m ikp U' gJ a c � o a Q m U. m 2 CL m v X m I Attachment A 0000000000Un000v�0 C) 'o 0 o a m O m h li O a n 0 5. m e J ImL O m C y E � m 0 C? � L° `S m m IL m � W � 0 e a N D �m 3IL a ' cC m m 77'0'0ro+7'° m ry m m m m m m V 0"0 m m m m'' V -0 -o-os O.- OOM O o m f- 0 c m g N - ��aE o 90 U v ° a.c a Uin CL ° m am m4= ¢ m� it U -c�ID m m R� cc jj E U- O V m m> � w J si 7 a' ul W y 6. �r L it F°-a 22 It 2 CL m v X m I Attachment A RESOLUTION 1998 - 110 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH THE WATRY DESIGN GROUP TO PROVIDE PROJECT 9925 DOWNTOWN PARKING STRUCTURE FEASIBILITY STUDY FOR PARKING LOTS 2 AND 13 WHEREAS, the Town lacks the staff and experience to conduct the study and; WHEREAS, the Town is interested in constructing a new parking structure and; WHEREAS, it is in the best interest of the Town of Los Gatos to provide a Downtown Parking Structure Feasibility Study for Parking Lots 2 and 13 to determine the best site for future development. WHEREAS, the Watry Design Group is qualified by education and experience and; NOW THEREFORE BE IT RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the Town of Los Gatos enter into an agreement (Exhibit A) with the Watry Design Group to provide a Downtown Parking Structure Feasibility Study for Parking Lots 2 and 13, and that the Town Manager is authorized, and is hereby directed, to execute said contract /agreement in the name and on behalf of the Town of Los Gatos. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 6th day of July, 1998 by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Huthins Mayor Linda Lubeck. NAYS: None ABSENT: None ABSTAIN: None SIGNED: C_.. c MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: (� / CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Fit{ Jr I riF TOWN C AGR 71 DY� all[ AGREEMENT FOR PARKING CONSULTANT SERVICE / THIS AGREEMENT is entered into this day of Rao y and between the Town of Los Gatos, State of California, herein called the "Town ", and the WATRY DESIGN GROUP, engaged in providing PROJECT 9925 DOWNTOWN PARKING STRUCTURE FEASIBILITY STUDY consulting services herein called the "Consultant ". RECITALS A. The Town is considering undertaking activities to provide a Downtown Parking Structure Feasibility Study for Parking Lots 2 and 13. B. The Town desires to engage a Parking Consultant to provide consulting services in conjunction with the Downtown Parking Structure Feasibility Study for Parking Lots 2 and 13, 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. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Scope of Services. The Consultant shall provide the following services listed below. As per Attachment A, which is by this reference incorporated herein. 2. Time of Performance. The services of the Consultant are to commence upon the execution of this Agreement with completion of the program as provided for in Consultants "Scope of Services" (attached hereto as Attachment 2 and incorporated by reference herein). 3. Compliance with Laws. The Consultant shall put forth its best reasonable professional effort to 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. Revised: Match 11, 1997 Page 1 of 8 N:\B &E \MILLIE\AGREEMEN \WATRY.AG l 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. Town's use of the reports, design, and data shall conform to governing law. 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. •��. �.. • • •r • • , (a) Payment. The total compensation for the services required by the Scope of Work as set forth in Section 1 and Attachment A of this Agreement shall not exceed $41,300. Town shall withhold final payment of at least TEN (10) percent of the full contract amount until such time that the Final Report has been accepted by Town Council. (b) Invoicing and Payment for Services within Scope of Work. Subject to the invoicing requirements set forth in this section, payment for services within the Scope of Work shall be made upon satisfactory completion of all tasks within each phase described in Section 2 and Attachment A of this Agreement and in the dollar amounts attributed to each phase as also set forth in the Section. Consultant shall present Town with invoices listing each task of each phase for which payment is sought along with written acknowledgment by the Town, signed by the Town Director of Parks and Public Works, or designee, that each task within each phase for which payment is sought has been completed to the Town's satisfaction. Town shall only pay for satisfactorily completed phases. Whether completed or not, Town shall not pay for individual tasks within any phase of the project. Invoices shall also include the Town purchase order number. Revised: March 11, 1997 Page 2 of 8 N: \B &E\MILLIE \AGREEMEN\ WATRY.AGI (c) Costs. Consultant shall be reimbursed for costs incurred in a total amount not to exceed $1,300. Reimbursable costs shall include mileage at the rate of $32 per mile, postage, delivery charges and duplication at the rate of $.15 per page. Other costs shall be reimbursed only upon evidence of the written approval of the Town obtained prior to incurring the cost. (d) Compensation for Additional Services. Consultant shall be compensated for services performed at Town's request in addition to those required by the Scope of Work on an hourly basis as follows: (1) President at $150 per hour. (2) Principal at $100 per hour. (3) Sr. Project Manager at $95 per hour. (4) Project Manager at $90 per hour. (5) Job Captain a $80 per hour. (6) Senior Designer at $70 per hour. (7) Staff Designer at $60 per hour. (8) Clerical at $40 per hour. Consultant shall not be compensated by Town for any services performed in addition to those required by the Scope of Work unless those services were requested in writing by Town in advance of performance. (e) Invoicing for Additional Services. Consultant shall submit invoices describing in detail the additional services performed, the date(s) on which the services were performed, the person who performed the services, the rate at which the services are being billed, any costs incurred in performing additional services, and the Town purchase order number. Invoices shall be accompanied by a copy of the Town's prior written request for the additional services for which compensation is claimed. (f) All invoices are payable net 30 days of the date the invoice is received by the Town. A service charge of 1.5% per month will be added to all outstanding accounts over 30 days old, except that no service charge shall be added to any invoiced amount(s) that has been questioned by Town pursuant to Section 6 of this agreement. Town shall use its best efforts to resolve all disputes concerning invoiced amounts within a reasonable time. 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. Revised: March 11, 1997 Page 3 of 8 N: \B &EN1LLIE\AGREEMEN\ W ATRY.AG l 8. Project Manager. The Project Manager for the Consultant for the work under this Agreement shall be Scott R. Baker, Director of Parks and Public Works. 9. Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Consultant and those firms that Consultant will subcontract as expressly provided in the scope of work pursuant to Section i and Attachment A of this Agreement. Other than as indicated in the scope of work, no services to be performed under this Agreement shall be assigned or subcontracted without the prior written consent of the Town. Notwithstanding the scope of work, Consultant shall retain ultimate responsibility for performance under this Agreement. 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: Scott R. Baker Director of Parks and Public Works Town of Los Gatos 110 East Main Street Los Gatos, CA 95032 To Consultant: Michele Wendler Watry Design Group /Architect /Principal 1500 Fashion Island Boulevard San Mateo, CA 94404 -1556 or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town. 11. Independent Contractor. It is understood that the Consultant, and those subcontractors expressly provided in the scope of work pursuant to Section I and Attachment A of this Agreement, 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. Revised: March 11, 1997 Page 4 of 8 N: \B &E \MILLIE\AGREEMEN \WATRY.AG t Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under t Agreement. Consultant shall be col. --nsated 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" for purposes of this Section 12 includes those subcontractors expressly provided in the scope of work. Consultant and those subcontractors expressly provided in the scope of work pursuant to this Agreement, understands that its professional responsibilities is solely to the Town. The Consultant and those subcontractors expressly provided in the scope of work pursuant to this Agreement, has and shall not obtain any holding or interest within the Town of Los Gatos. Consultant and those subcontractors expressly provided in the scope of work pursuant to this Agreement, 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 and those subcontractors expressly provided in the scope of work pursuant to this Agreement, warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the Town in the subject of this Agreement, and it shall immediately disassociate itself from such an interest should it discover it has done so and shall, at the Town's sole discretion, divest itself of such interest. Consultant and those subcontractors expressly provided in the scope of work pursuant to this Agreement, 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 and those subcontractors expressly provided in the scope of work pursuant to this Agreement, discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant and those subcontractors expressly provided in the scope of work pursuant to this Agreement, shall promptly notify Town of this employment relationship, and shall, at the Town's sole discretion, sever any such employment relationship. 13. Equal Employment portm itv. 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. A. Minimum Scope of Insurance: i. Consultant agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his /her firm to an amount not less than: one million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. Revised: March 11, 1997 Page 5 of 8 N: \B& E \M ILLIE\A G REEMEN\ W ATRY. AG 1 ii. Consuh, - agrees to have and maintain for the L _ation 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: 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 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. 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. Revised: March 11, 19997 Page 6 of 8 N: \B &E\MILLIE W GREEMEN\ W ATRY. AG 1 D. In addition if 'lese policies, Consultant shall hav 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 parry 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 La. 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. The parties may elect but are not required to submit to nonbinding mediation any dispute arising out of or relating to this agreement. 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 Attachment 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. 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 parry shall be entitled to reasonable attorney's fees, as well as costs not to exceed $7,500 in total. 21. Entire Agreement. This Agreement including Attachment A incorporated by reference herein, 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 parry. Revised: March 11, 1997 Page 7 of 8 N: \B &E\Mn,LIE W GREEM EN\ W ATRY. AG 1 IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement as of the date indicated on page one (1). Town of Los Gatos Watry Design Group David W. Knapp, Town Manager Michele Wendler Town of Los Gatos Architect /Principal ATTEST: Clerk of the Town of Los Gatos, Approved as to Form: Los Gatos, California Marian V. Cosgrove, Town Clerk Orry P. Korb, Town Attorney Revised: March 11, 199'7 Page 8 of 8 N: \B &EVMILLIE\AGREEMEN\ WATRY. AG 1 r'. a Los Gatos Parking Structure Feasibilky Study Watry Design Group Scope of Wo* Our initial step will be to meet with the Town Staff to finalize objectives, review the work plan and finalize a schedule in conjunction with the Town. We will then gather all available data, drawings, and plans. The parking needs will be assessed by Fehr & Peers Associates. Existing parking conditions as provided by the Town Traffic Engineer will be combined with on -site and off- site traffic and parking surveys by Fehr & Peers Associates to provide a written update to the surveys prepared by Ampco Systems Parking in 1994. Lowney Associates will perform an investigation of the groundwater and contamination issues_ They will review existing sods reports from nearby sites, as provided by the Town. The project team will analyze and evaluate all available data, mapping, and plans relative to the site. This evaluation will include: + Pedestrian and auto access to and egress from site; • Site layout - structure height and depth, the number of parking stalls, the circulation patterns, etc.; + Constraints of the site- street capacity, accessibility, etc. as well as the need for additional property acquisition Watry Design Group will meet with the Town Staff to present these findings, and help them prepare for public outreach. A Collaborative Process Workshop will be held with all the stakeholders. Watry Design Group will facilitate critical public participation activities to elicit and evaluate stakeholder viewpoints on all key development issues such as design, construction, financing, and operation of the new parking structure. The results of these efforts will then be incorporated into the final report, which will represent the people of Los Gatos. WATRY wr11 produce three layout options for Lot #13, and two layout options for Lot #2. These options include ground and typical floor plans, a preliminary building section, and schematic elevations. An estimation of probable construction cost will be prepared for each option. All of the research results will be compiled into a report for the Town Council. This report will describe the entire process and provide recommendations to the Town. Watry Design Group will present a preliminary report to the Town Council and incorporate any comments into a final report r / Los Gatos Parking Stnicr= Feasibility Study Fehr & Peers Associates, Inc. Scope of Work Attend Kickoff Meeting with Town Staff —Fehr & Peers Associates will attend the kick off meeting with Town staff to initiate the parking feasibility study. The study methodology and available data .will be discussed. Review Available Information in the Parks & Public Works Department — Available parking and traffic data within the study area with be obtained from Town staff. ibis information will be reviewed to determine the existing parking and traffic operating conditions in the study area. No new parking surveys or traffic counts will be conducted- (Note: We need to do this before the Site Review and Demand/Supply Analysis) Site Review and Deman&Supply Analysis— ilsing the information obtained from the Town, including a current description of the Old Town project (development sizes and use and planned parking supply), Fehr & Peers will estimate the existing and future parking demand at Lots Q. and #13. This analysis will include limited observations of parking and traffic conditions at the existing parking lots. As noted above, no new quantitative data will be collected. In addition, the traffic impacts of the proposed parking structures on the nearby street system will be evaluated in a qualitative manner. Meeting with Town —Fehr & Peers will attend a meeting with Town staff to discuss the results of the parking demand/supply analysis. Town Meeting for Collaborative Process Workshop —Fehr & Peers will attend this workshop, I-h,L.,M lyl I UL Uiv bczJ I.xd Los Gatos Parking Feasibility Study Work Scope for Robert Goldman Kickoff Meeting Review Available City Information Provide Funding Options 1. Analyze market potential for integrated commercial uses. The purpose of this subtask is to provide an overview of the market potential for commercial uses within a parking structure in downtown Los Gatos. It will include looking at the type, size and rents that would be supportable for such tenant spaces. 2. Identify and evaluate financing mechanisms in other California cities. This task involves looking at some recent emperiences in other Caiffomai cities that might be applicable in Los Gatos. 3. Describe funding mechanisms and discuss pros and cons A full array of funding mechanisms and approaches will be briefly described and their pros and cons assessed. 4. Estimate Revenue requirements and revenue yields for parking and funding alternatives. The financing requirements of each alternative will be estimated and projected over the appropriate financing period. Revenue projections from a variety of funding sources will be projected. S. Examine financing burden, assess economic feasibility The results of the previous subtask will be assessed against current market conditions in Los Gatos. Town Meeting l Town Meeting 2 P. a LOW fASSOCIaTEs . r. "; nrollGac.�....,:t;��:lrn�irmx�nq Swvices Ms. Heather Sturtz WATRY• DESIGN GROL7 1500 Fashion Island Boulevard, Suite 200 San Nlateo, California 94404 Dear Ms. Sturtz: June 3, 1998 P8330 N. 9 M.v.b- ", rowan,+ ?laesanron Thank you for requesting our agreement for geotechnical and environmental services for the above referenced project in Los Gatos, California. We have outlined below our suggested scope of services and fee to complete a geotechnical feasibility review and either an environmental feasibility review or a Phase I environmental site assessment for the project. In preparation of this agreement, we have discussed the project with you and reviewed our previous work in the area. We first present our understanding of the project followed by our detailed scope of services. Our scope of services was carefully developed to rely on our familiarivy with the geotechnical conditions in the area and to provide suitable information for conceptual planning and preliminary design. PROJECT DESCRIPTION We understand that the Town of Los Gatos is considering the feasibility of constructing a parking structure on either Lot 2 or Lot 13. Lot 2 is located just east of Santa Cruz Avenue between Bachman Avenue and Royce Street. Lot 13 is located at the northwest corner of the West Nlain Street and Victory Lane intersection. The existing parcels are currently used as at -grade parking lots. We understand that the proposed parking structure is likely to be a multi -level structure, with possibly one to two levels of below -grade parking. The parking structure is likely to be of reinforced and post- tensioned concrete construction. SCOPE OF SERVICES Our detailed scope of services is presented below. TASK I: GEOTECIiMCA.L FEASIBII.iTY REVIEW i.it=dmre Itcvlecw We would review available geatechnical reports on file at the Town of Los Gatos and available geological maps of the vicinity. Site Conditions: We would summarize the anticipated subsurface and ground water conditions of the downtown Los Gatos area. We would also perform a brief site reconnaissance of each lot. ...... -. -- . ... ..1 t_i. 1.1n 1a1 waay Design Group P8330, Ins Gatos Puking Study FcasibMty Evaluatiotn We would prepare a letter summarizing the results of our review and our opinion regarding the feasibility of constructing the proposed parking structure from a geotechrical viewpoint and any potential geotechnical concerns and development considerations for each lot. We would also discuss the likely foundation alternatives and basement excavation considerations. r a r• r r.r t +- An environmental feasibility review will provide you with screening -level information on the potential presence of significant environmental concerns with the sire, which may need to be addressed prior to side development. The scope of work for the feasibility review will include a site history review, site reconnaissance, and regulatory agency file review. We will prepare a letter summarizing the results of our review and our opinion regarding the feasibility of constructing rite proposed parking structure from an environmental viewpoint and any potential environmental concerns and development considerations for each site. TASK III: PHASE I FINN RONbIENTAT. SM ASSESSMENr - OPTIONAL NOT INCLUDED As requested, we have also included an option cost for a complete Phase I preliminary environmental site assessment of the property. A Phase I assessment will provide you with more complete information on the potential presence of significant environmental concerns with the site, and site vicinity, which may need to be addressed prior to site development. The scope of work for the Phase I assessment would be performed in general accordance with the requirements of American Society of Testing and materials (ASTm) designation E 1527.97, and would include a site history review, regulatory agency file review, site and vicinity reconnaissance, review of a regulatory agency database report on hazardous materials incidents in the vicinity of the site, and preparation of a report presenting conclusions and recommendations for the site. TASK IV: PROJECT' MEETINGS We would attend project meetings, as needed, during the feasibility study. We assume that we would attend the kickoff meeting at the Town of Los Gatos on June 17, 1998, and up to two meetings with the design team. E*iror nmvy VVN / G9�TalYXl/'1 Page 2 CL O 0 U) L- a :Q .N W N lSt T J AA� fJ3 M� W a c # W ,® m 'In N qZ oe l c3 .lei 3 �T j v i v A E t7i C3 Y C m � a a o a U s p C o Q K W e a Y O � } = U V V 0 a • a cj N r'°- l° Q o �c w m M m m3kO oa ,Q a� o«. a ~ a n m p. U- m m LL I Q rri O m Q eo m X d LL I Attachment A 0 0 0 0 0 0 0 LO N O 0 0 O 0 Oa V> 0 M O 0 0 i0 O N O O CV 1� N N m h m W r C (n In Q r h h O ..a. d O d rti N Y7 Q m G �r d J li O O m C K �. ^ m O (7 IL mp d a C2 s` m ii W. 0 m N � m T T T Y. N Si `��. a m> 41 m c- m czyazcts-cst3v-aaaav m m m m m m m m m m m m aa'o m K 7 O O N CL r NY o rn c W o O z 'V U N LL G d N 3= a g o m 3 U co CL �' o V o U N e c U Cm o m m e wU m (D vi 9 m s m E c c o o o c �.� m �'QaUS >>�r m d m >a AIL � LU ya- �{L d c m y. a m w N m C O o ®v �' aU o I Q rri O m Q eo m X d LL I Attachment A