How to participate: The Town of Los Gatos strongly encourages your active participation in the public process, which is the cornerstone of democracy. If you wish to speak to an item on the agenda, please follow the participation instructions on page 2 of this agenda. If you wish to speak to an item NOT on the agenda, you may do so during the “Verbal Communications” period, by following the participation instructions on page 2 of this agenda. The time allocated to speakers may change to better facilitate the Town Council meeting.
Effective Proceedings: The purpose of the Town Council meeting is to conduct the business of the community in an effective and efficient manner. For the benefit of the community, the Town of Los Gatos asks that you follow the Town’s meeting guidelines while attending Town Council meetings and treat everyone with respect and dignity. This is done by following meeting guidelines set forth in State law and in the Town Code. Disruptive conduct is not tolerated, including but not limited to: addressing the Town Council without first being recognized; interrupting speakers, Town Council or Town staff; continuing to speak after the allotted time has expired; failing to relinquish the podium when directed to do so; and repetitiously addressing the same subject. Disruption of the meeting may result in a violation of Penal Code 403.
Deadlines for Public Comment and Presentations are as follows:
Persons wishing to make an audio/visual presentation on any agenda item must submit the presentation electronically, either in person or via email, to the Clerk’s Office no later than 3:00 p.m. on the day of the Council meeting.
Persons wishing to submit written comments to be included in the materials provided to Town Council must provide the comments as follows:
o For inclusion in the regular packet: by 11:00 a.m. the Thursday before the Council meeting
o For inclusion in any Addendum: by 11:00 a.m. the Monday before the Council meeting o For inclusion in any Desk Item: by 11:00 a.m. on the day of the Council Meeting
TOWN OF LOS GATOS
COUNCIL MEETING AGENDA
APRIL 05, 2022
TELECONFERENCE
7:00 P.M.
Rob Rennie, Mayor
Maria Ristow, Vice Mayor
Mary Badame, Council Member
Matthew Hudes, Council Member
Marico Sayoc, Council Member
PARTICIPATION IN THE PUBLIC PROCESS
Town Council Meetings Broadcast Live on KCAT, Channel 15 (on Comcast) on the 1st and 3rd Tuesdays at 7:00 p.m.
Rebroadcast of Town Council Meetings on the 2nd and 4th Mondays at 7:00 p.m.
Live & Archived Council Meetings can be viewed by going to:
www.LosGatosCA.gov/TownYouTube
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT THE CLERK DEPARTMENT AT (408) 354-6834. NOTIFICATION 48 HOURS BEFORE THE MEETING WILL ENABLE THE TOWN TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING [28 CFR §35.102-35.104]
TOWN OF LOS GATOS
COUNCIL MEETING AGENDA
APRIL 05, 2022
TELECONFERENCE
7:00 PM
IMPORTANT NOTICE
This meeting is being conducted utilizing teleconferencing and electronic means consistent with Government Code Section 54953, as Amended by Assembly Bill 361, in response to the state of emergency relating to COVID-19 and enabling teleconferencing accommodations by suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.). Consistent with AB 361 and Town of Los Gatos Resolution 2021-044, this meeting will not be physically open to the public and the Council will be teleconferencing from remote locations.
Members of the public can only participate in the meeting by joining the Zoom webinar (log in information provided below).
PARTICIPATION
To provide oral comments in real-time during the meeting:
Zoom webinar: Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join: https://losgatoscagov.zoom.us/j/81358935191?pwd=Z09rbTczcUtpQmNsOXRsUHBmOEt1UT09. Passcode:
985063. You can also type in 813 5893 5191 in the “Join a Meeting” page on the Zoom website at https://zoom.us/join.
Join by telephone: Join by Telephone: Dial: USA 877 336 1839 US Toll-free or 636-651- 0008 US Toll. Conference code: 969184
When the Mayor announces the item for which you wish to speak, click the “raise hand” feature in Zoom. If you are participating by phone on the Zoom app, press *9 on your telephone keypad to raise your hand. If you are participating by calling in, press #2 on your telephone keypad to raise your hand.
When called to speak, you will be asked to provide your full name and your town/city of residence. This identifying information is optional and not a requirement for participation. Please limit your comments to three (3) minutes, or such other time as the Mayor may decide, consistent with the time limit for speakers at a Council meeting.
If you wish to speak to an item or items on the Consent Calendar, please state which item number(s) you are commenting on at the beginning of your time.
If you are unable to participate in real-time, you may email to [email protected] the subject line “Public Comment Item #__ ” (insert the item number relevant to your comment) or “Verbal Communications – Non-Agenda Item.” Comments received by 11:00 a.m. the day of the meeting will be reviewed and distributed before the meeting. All comments received will become part of the record.
REMOTE LOCATION PARTICIPANTS The following Council Members are listed to permit them to appear electronically or telephonically at the Town Council meeting: MAYOR ROB RENNIE, VICE
MAYOR MARIA RISTOW, COUNCIL MEMBER MARY BADAME, COUNCIL MEMBER MATTHEW HUDES, and COUNCIL MEMBER MARICO SAYOC. All votes during the teleconferencing session will be conducted by roll call vote.
RULES OF DECORUM AND CIVILITY
To conduct the business of the community in an effective and efficient manner, please follow the meeting guidelines set forth in the Town Code and State law.
The Town does not tolerate disruptive conduct, which includes but is not limited to:
addressing the town Council without first being recognized; interrupting speakers, Town Council, or Town staff;
continuing to speak after the allotted time has expired; failing to relinquish the microphone when directed to do do; repetitiously addressing the same subject.
Town Policy does not allow speakers to cede their commenting time to another speaker.
Disruption of the meeting may result in a violation of Penal Code 403.
MEETING CALL TO ORDER
ROLL CALL
PRESENTATIONS
i. National Poetry Month Poetry with Reading by Town Poet Laureate Jen Siraganian ii. National Public Safety Telecommunications Week Proclamation
CLOSED SESSION REPORT
COUNCIL / MANAGER MATTERS
CONSENT ITEMS (Items appearing on the Consent Items are considered routine Town business and may be approved by one motion. Any member of the Council may request to have an item removed from the Consent Items for comment and action. Members of the public may provide input on any or multiple Consent Item(s) when the Mayor asks for public comments on the Consent Items. If you wish to comment, please follow the Participation Instructions contained on
the item will be heard.)
1. Approve Closed Session Meeting Minutes of March 12, 2022.
2. Approve Draft Meeting Minutes of the March 15, 2022 Town Council Meeting.
3. Adopt a Resolution Reaffirming Resolution 2021-044 Regarding Brown Act Compliance and Teleconferencing and Making Findings Pursuant to Government Code Section 54953, as Amended by Assembly Bill 361, During the COVID -19 Pandemic.
4. Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of Completion for the Fiscal Year 2020/21 Street Repair and Resurfacing Project (CIP No. 811-9901), Completed by Pavement Coatings, and Authorize the Town Clerk to File for Recordation.
5. Americans with Disabilities Act Transition Plan (CIP No. 812-0129):
a. Authorize the Town Manager to Execute a First Contract Amendment to the Consultant Services Agreement with Disability Access Consultants, LLC for Additional Services, in an Amount of $40,000 for a Total Agreement Not to Exceed $170,000; and
b. Authorize An Expenditure Budget Adjustment in the Amount of $40,000 to the Project from Available General Fund Appropriated Reserve (GFAR) for Fiscal Year 2021/22.
6. Adopt A Resolution Authorizing an Application to the California Department of Parks and Recreation’s Recreational Trails Program for the Los Gatos Creek Trailhead Connector Project.
7. Authorize the Town Manager to Execute a Third Amendment to an Agreement for Consultant Services with Mintier Harnish for Preparation of the General Plan Update and Environmental Impact Report (EIR).
8. Adopt Amendments to the Town Council Late Night Entertainment Policy No. 1-03 to Clarify the Use of Public Right-of-Way and Semi-Permanent Parklets for Entertainment as Recommended by the Town Council Policy Committee.
9. Authorize the Town Manager to Execute an Amended and Restated Agreement Between the County of Santa Clara and the Town of Los Gatos for Weed Abatement Services.
10. Approve the Senior Service Committee Request to Seek Targeted Solicitations to Host a Community Reception Per the Town Solicitation and Donation Policy.
VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council on any matter that is not listed on the agenda. To ensure all agenda items are heard and unless additional time is authorized by the Mayor, this portion of the agenda is limited to 30 minutes and no more than three (3) minutes per speaker. In the event additional speakers were not able to be heard during the initial Verbal Communications portion of the agenda, an additional Verbal Communications will be opened prior to adjournment.)
PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a total of five minutes maximum for opening statements. Members of the public may be allotted up to three minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of three minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.)
11. Introduction and First Reading of an Ordinance Repealing and Replacing Article III of Chapter 10 of the Los Gatos Town Code Regulating Food Service Ware by Food Facilities to Align with New State Laws.
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.)
12. Approve the Employment Agreement Between the Town of Los Gatos and Gabrielle Whelan for Appointment to Town Attorney and Authorize the Mayor to Execute the Agreement.
PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a total of five minutes maximum for opening statements. Members of the public may be allotted up to three minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of three minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.)
13. Introduce an Ordinance Approving a Military Equipment Funding, Acquisition, and Use Policy Pursuant to Assembly Bill 481.
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.)
14. Discuss and Provide Direction Regarding Fiscal Analysis of the Draft 2040 General Plan.
PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a total of five minutes maximum for opening statements. Members of the public may be allotted up to three minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of three minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.)
15. Consider an Appeal of a Planning Commission Decision Approving a Request for Demolition of an Existing Single-Family Residence and Construction of a New SingleFamily Residence to Exceed Floor Area Ratio Standards with Reduced Front and Side Yard Setbacks on Nonconforming Property Zoned R-1D. Located at 118 Olive Street.
APN 410-15-022. Architecture and Site Application S-21-013. PROPERTY OWNER:
Thomas and Meredith Reichert. APPLICANT: Jay Plett, Architect.
16. Requesting Approval of a Planned Development for Construction of a Senior Living Community, Removal of Large Protected Trees, and Site Improvements Requiring a Grading Permit on Property Zoned R:PD. Located at 110 Wood Road. APN 510-47-038.
Planned Development Application PD-20-001 and Environmental Impact Report EIR-21- 002. APPLICANT: Rockwood Pacific. PROPERTY OWNER: Covia Communities.
ADJOURNMENT (Council policy is to adjourn no later than midnight unless a majority of Council votes for an extension of time).
Writings related to an item on the Town Council meeting agenda distributed to members of the Council within 72 hours of the meeting are available for public inspection at the front desk of the Los Gatos Town Library, located at 100 Villa Avenue, and are also available for review on the official Town of Los Gatos website.
Note: The Town of Los Gatos has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a decision of the Town Council must be brought within 90 days after the decision is announced unless a shorter time is required by State or Federal law.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 04/05/2022
ITEM NO: 1
DRAFT
Minutes of the Town Council Special Meeting - Closed Session March 12, 2022
The Town Council of the Town of Los Gatos conducted a regular meeting utilizing teleconference and electronic means consistent with Government Code Section 54953, as Amended by Assembly Bill 361, in response to the state of emergency relating to COVID-19 and enabling teleconferencing accommodations by suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.) and Town of Los Gatos Resolution 2021-044 on Saturday, March 12, 2022 at 10:00 a.m.
MEETING CALLED TO ORDER AT 10:02 A.M.
ROLL CALL
Present: Mayor Rob Rennie, Vice Mayor Maria Ristow, Council Member Mary Badame, Council Member Matthew Hudes, Council Member Marico Sayoc (all participating remotely).
Absent: None
VERBAL COMMUNICATIONS
No one spoke.
THE TOWN MOVED TO CLOSED SESSION ON THE FOLLOWING ITEM:
1. Public Employee Recruitment for Future Appointment
[Government Code Section 54957(b)(1)]
Title: Town Attorney
Council discussed the item.
ADJOURNMENT
Closed Session adjourned at 12:07 p.m.
Attest: Submitted by:
___________________________ ___________________________ Shelley Neis, Town Clerk Laurel Prevetti, Town Manager
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 04/05/2022
ITEM NO: 2
DRAFT
Minutes of the Town Council Meeting
March 15, 2022
The Town Council of the Town of Los Gatos conducted a regular meeting utilizing teleconference and electronic means consistent with Government Code Section 54953, as Amended by Assembly Bill 361, in response to the state of emergency relating to COVID-19 and enabling teleconferencing accommodations by suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.) and Town of Los Gatos Resolution 2021-044 on Tuesday, March 15, 2022 at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Mayor Rob Rennie, Vice Mayor Maria Ristow, Council Member Mary Badame, Council Member Matthew Hudes, Council Member Marico Sayoc (all participating remotely).
Absent: None
PRESENTATIONS
Mayor Rennie presented a proclamation to the American Red Cross in recognition of American Red Cross Month. Eve Dreyfuss, Vice President of the Silicon Valley Board/ Disaster Cycle Services Volunteer and Brad Gordon, Shelter Supervisor/Disaster Cycle Services Volunteer, accepted the proclamation and thanked the Town for their support.
CLOSED SESSION REPORT
Robert Schultz, Town Attorney, stated Council met in Closed Session as duly noted on the agenda and there is no report.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Vice Mayor Ristow stated she assisted Safe Routes to School (SR2S) with the fifth grade cycling skills class; attended the West Valley Community Services “Creating an Inclusive Housing Element” webinar; attended the Council Retreat with all Council Members; attended the Ming Quong rededication with the Mayor; attended the Planting Trees Initiative: Working for a Better Environment webinar in celebration of Arbor Day; joined a group of Council Members and residents from San Mateo County and Santa Clara County involved in “Green Streets for Sustainable Communities”; attended the Valley Transportation Authority (VTA) Policy Advisory Committee (PAC) as alternate; attended the Little League opening day with Council Member Sayoc and Supervisor Wasserman;
PAGE 2 OF 6
SUBJECT: Draft Minutes of the Town Council Meeting of March 15, 2022 DATE: March 15, 2022
Council Matters – continued
attended the coder school ribbon cutting with Council Member Sayoc; and observed the Finance Commission meeting.
- Council Member Sayoc stated she attended the Cities Association Legislative Action Committee and Board meetings and met with County Supervisor Simitian. - Council Member Badame stated she attended the West Valley Community Services “Creating an Inclusive Housing Element” webinar; met with Nancy Rollett from Los Gatos Saratoga Recreation and a constituent; attended the Council Retreat and Conceptual Development Advisory Committee (CDAC) meeting; and observed the Finance Commission meeting.
- Council Member Hudes stated he worked with the Senior Service Committee SubCommittee; attended the Finance Commission meeting; observed the CDAC and Planning Commission meetings; met with residents and Supervisor Simitian. - Mayor Rennie stated in addition to the meetings mentioned, he spoke at the Ming Quong rededication; met with the Chamber of Commerce and Town Manager; attended Silicon Valley Clean Energy Authority (SVCEA) Board and Legislative Committee, Bay Area Air Quality Management District (BAAQMD) Board and Legislative Committee, and Finance Commission meetings.
Manager Matters
- Stated she and the Vice Mayor met with Hillbrook School 5 th and 6th grade students.
- Announced a new public records portal was launched on the Town website. - Announced the Adult Commissioner recruitment has been extended to May 27 and interviews will be held in early June.
- Announced there is a new opening on the Finance Commission.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Draft Closed Session Minutes of the March 1, 2022 Town Council Meeting.
2. Approve Draft Minutes of the March 1, 2022 Town Council Meeting.
3. Approve Draft Minutes of the Town Council Special Meeting - Council Retreat of March 5, 2022.
4. Approve Draft Minutes of the Town Council Closed Session Meeting of March 7, 2022.
5. Adopt a Resolution Reaffirming Resolution 2021-044 Regarding Brown Act Compliance and Teleconferencing and Making Findings Pursuant to Government Code Section 54953, as Amended by Assembly Bill 361, During the COVID -19 Pandemic. RESOLUTION 2022-009
6. Adopt the Council Policy Committee’s Recommendation to Amend Council Policy 2-11 Commission Appointment Policy in Relation to the Adult Commissioner Interview Date and Option of Interview Method.
7. Accept the Annual Progress Report for General Plan and Housing Element Implementation.
8. Authorize the Town Manager to Execute a Second Contract Amendment to the Traffic Signal and Streetlight Maintenance and Underground Service Alert Locating Services Contract with St. Francis Electric, Inc. to Include:
a. An Increase to the Contract Amount for Fiscal Year 2021/22 in the Amount of $67,000;
PAGE 3 OF 6
SUBJECT: Draft Minutes of the Town Council Meeting of March 15, 2022 DATE: March 15, 2022
Consent Items – continued
b. An Expenditure Budget Adjustment in the Amount of $67,000 from Available Fiscal Year 2021/22 Parks and Public Works Department – Engineering Development Services Program Revenues; and
c. An Increase to the Remaining Ongoing Annual Contract Amount by a Total of $50,000 per Year from Fiscal Year 2022/23 to Fiscal Year 2024/25, Subject to the Appropriation of Funds, for a Total Revised Five-Year Contract Amount Not to Exceed $900,567.
9. Corporation Yard Building Replacement Project (CIP No. 821-2302):
a. Reject all Bids for the Corporation Yard Building Replacement CIP Project No. 821-2302 and Authorize the Town Manager to Rebid the Project; and b. Authorize the Town Manager to Execute a Fourth Amendment to Agreement with Cuschieri Horton Architects in an Amount of $9,390 for a Total Agreement Amount Not to Exceed $227,840 for Plan Revisions; and
c. Authorize an Expenditure Budget Adjustment in the Amount of $600,000 to the Project from Available General Fund Appropriated Reserve and General Fund Capital/Special Projects Reserve.
10. Authorize the Town Manager to Execute an Agreement for Services with Ashron Construction and Restoration, Inc. for Structural Repairs and Waterproofing of the Lot 4 Parking Structure Project (CIP No. 817-0708) in an Amount not to Exceed $179,800 Plus an Additional $20,000 for Unanticipated Repairs for a Total Agreement Amount not to Exceed $199,800.
11. Adopt a Resolution for the California Public Employees’ Retirement System to Appoint a Retiree as an Interim Parks and Public Works Director. RESOLUTION 2022-010 Council Member Badame pulled item 7.
Opened public comment.
No one spoke.
Closed public comment.
MOTION: Motion by Vice Mayor Ristow to approve Consent Items 1 through 11 inclusive of Attachment 3 for Item 6, and exclusive of Item 7. Seconded by Council Member Hudes.
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
Ali Miano
- Commented in support of the Los Gatos Theater.
Celine Leroy
- Read an email from another resident in opposition to cannabis.
PAGE 4 OF 6
SUBJECT: Draft Minutes of the Town Council Meeting of March 15, 2022 DATE: March 15, 2022
PUBLIC HEARINGS
12. Fee and Fine Schedules for Fiscal Year 2022/23
a. Adopt a Resolution Approving the Comprehensive Fee Schedule for Fiscal Year 2022/23 to Continue Certain Department Fees, Rates, and Charges, and Amending Certain Fees, Rates, and Charges for Fiscal Year 2022/23; RESOLUTION 2022-011 b. Adopt a Resolution Approving the Comprehensive Fine Schedule for Fiscal Year 2022/23 to Continue Certain Department Fines. RESOLUTION 2022-012 Gitta Ungvari, Finance and Budget Manager, presented the staff report.
Opened Public Comment.
No one spoke.
Closed Public Comment.
Council discussed the matter.
MOTION: Motion by Vice Mayor Ristow to a) adopt a resolution approving the Comprehensive Fee Schedule for Fiscal Year 2022/23 to continue certain department fees, rates, and charges, and amending certain fees, rates, and charges for Fiscal Year 2022/23 contained in Attachment 2, Exhibit A with a 5.9% Consumer Price Index adjustment; b) adopt a resolution approving the Comprehensive Fine Schedule for Fiscal Year 2022/23 to continue certain department fines (Attachment 5, Exhibit A); and c) return to Council next year to bring the fees, rates, and charges to full cost recovery. Seconded by Council Member Sayoc.
VOTE: Motion passed unanimously.
OTHER BUSINESS
13. Adopt the Council Policy Committee’s Recommendation to Retain the Current Style of Study Session Action Minutes.
Shelley Neis, Town Clerk, presented the staff report.
Opened Public Comment.
No one spoke.
Closed Public Comment.
Council discussed the matter.
PAGE 5 OF 6
SUBJECT: Draft Minutes of the Town Council Meeting of March 15, 2022 DATE: March 15, 2022
Other Business Item #13 – continued
MOTION: Motion by Vice Mayor Ristow to adopt the Policy Committee recommendation to retain the current style of study session action minutes. Seconded by Council Member Sayoc.
VOTE: Motion passed 4/1. Council Member Hudes voting no.
14. Approve a Wayfinding Design Concept and Discuss Progress on the Downtown Parking Roadmap.
Jim Renelle, Parking Program Manager, presented the staff report.
Opened Public Comment.
Lee Fagot
- Suggested the blue “P” on the signs be on both sides and be more prominent and supported the rounded style.
Catherine Somers, Los Gatos Chamber of Commerce, Executive Director - Inquired if employees will be able to utilize some of the spaces on the side streets, if only 10% or 20% of people are staying past three hours why are we only charging $1 per hour, and what are the plans for the revenue; stated the Chamber prefers the square sign; offered to host an outreach meeting; and suggested consistent time limits on Santa Cruz and easier payment methods for seniors.
Closed Public Comment.
Council discussed the matter.
MOTION: Motion by Council Member Sayoc to move forward with design option B. Seconded by Council Member Badame. MOTION WITHDRAWN.
MOTION: Motion by Council Member Sayoc to move forward with design option A. Seconded by Council Member Badame.
VOTE: Motion passed unanimously.
MOTION: Motion by Mayor Rennie to approve the plan as presented, to study the option of charging $2.50 an hour after the first hour, and have the ordinance be as flexible as possible. Seconded by Council Member Sayoc.
VOTE: Motion passed unanimously.
PAGE 6 OF 6
SUBJECT: Draft Minutes of the Town Council Meeting of March 15, 2022 DATE: March 15, 2022
Pulled Consent Item #7
7. Accept the Annual Progress Report for General Plan and Housing Element Implementation.
Jennifer Armer, Planning Manager, presented the staff report.
Opened public comment.
No one spoke.
Closed public comment.
Council discussed the matter.
MOTION: Motion by Council Member Badame to accept the Annual Progress Report for General Plan and Housing Element Implementation. Seconded by Council Member Sayoc.
VOTE: Motion passed unanimously.
ADJOURNMENT
The meeting adjourned at 9:07 p.m.
Submitted by:
_____________________________________
Shelley Neis, Town Clerk
PREPARED BY: Shelley Neis
Town Clerk
Reviewed by: Town Manager, Assistant Town Manager, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 04/05/2022
ITEM NO: 3
DATE: March 29, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Reaffirming Resolution 2021-044 Regarding Brown Act Compliance and Teleconferencing and Making Findings Pursuant to Government Code Section 54953, as Amended by Assembly Bill 361, During the COVID -19 Pandemic
RECOMMENDATION:
Adopt a Resolution reaffirming Resolution 2021-044 and making findings pursuant to Government Code Section 54953, as amended by Assembly Bill 361, and authorizing the continued use of virtual meetings due to health and safety concerns for the public.
BACKGROUND:
On March 17, 2020, Governor Newsom issued Executive Order N-29-20, which allowed for relaxed provisions of the Ralph M. Brown Act (Brown Act) that allowed legislative bodies to conduct meetings through teleconferencing without having to meet the strict compliance of the Brown Act. All provisions of Executive Order N-29-20 concerning the conduct of public meetings expired on September 30, 2021.
DISCUSSION:
AB 361 was signed into law by the Governor on September 16, 2021, and went into effect immediately upon signing. It amends the Brown Act to allow local legislative bodies to continue using teleconferencing and virtual meeting technology after the September 30, 2021, expiration of the current Brown Act exemptions as long as there is a "proclaimed state of emergency" by the Governor. This allowance also depends on State or local officials imposing or recommending measures that promote social distancing or a legislative body finding that meeting in person would present an imminent safety risk to attendees.
PAGE 2 OF 2
SUBJECT: Adopt a Resolution Regarding Brown Act Compliance and Teleconferencing DATE: March 29, 2022
DISCUSSION (Cont):
AB 361 requires Public agencies to make findings by majority vote within 30 days of the first teleconferenced meeting under AB 361 and every 30 days thereafter that a state of emergency still exists and continues to directly impact the ability of the members to meet safely in person, or that officials continue to impose or recommend measures to promote social distancing.
Town Council adopted Resolution 2021-044 on October 5, 2021 regarding Brown Act compliance and teleconferencing pursuant to Government Code Section 54953, as amended by AB 361, and adopted resolutions on the following dates reaffirming Resolution 2021-044:
November 2, 2021 adopted Resolution 2021-046
November 16, 2021 adopted Resolution 2021-048
December 7, 2021 adopted Resolution 2021-054
December 21, 2021 adopted Resolution 2021-059
January 18, 2022 adopted Resolution 2022-001
February 1, 2022 adopted Resolution 2022-003
February 15, 2022 adopted Resolution 2022-004
March 1, 2022 adopted Resolution 2022-006
March 15, 2022 adopted Resolution 2022-009
CONCLUSION:
Adopt a Resolution reaffirming Resolution 2021-044 making findings pursuant to Government Code Section 54953, as amended by Assembly Bill 361, and authorizing the continued use of virtual meetings. If adopted, virtual meetings may continue for all Town Boards, Commissions, and Committees.
COORDINATION:
This report was coordinated with the Town Attorney and Town Manager’s office.
FISCAL IMPACT:
There will be no fiscal impact to the Town at this time.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachment:
1. Draft Resolution
1 of 3
Resolution 2022 - Council Meeting Date
RESOLUTION 2022-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS REAFFIRMING RESOLUTION 2021-044 REGARDING BROWN ACT COMPLIANCE AND TELECONFERENCING PURSUANT TO GOVERNMENT CODE SECTION 54953, AS AMENDED BY ASSEMBLY BILL 361, DURING THE COVID-19 PANDEMIC WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19; and
WHEREAS, on March 12, 2020, the Town Manager of Los Gatos acting in the capacity of Town of Director of Emergency Services, issued a Proclamation of Local Emergency; and WHEREAS, on March 17, 2020, Governor Newsom issued Executive Order N-29-20, which suspended and modified the teleconferencing requirements under the Brown Act (California Government Code Section 54950 et seq.) so that local legislative bodies can hold public meetings via teleconference (with audio or video communications, without a physical meeting location), as long as the meeting agenda identifies the teleconferencing procedures to be used; and
WHEREAS, on March 17, 2020, the Town Council of the Town of Los Gatos ratified the Proclamation of Local Emergency as set forth in Resolution 2020-008 and remains in full force and effect to date; and
WHEREAS, on June 4, 2021, the Governor clarified that the “reopening” of California on June 15, 2021 did not include any change to the proclaimed state of emergency or the powers exercised thereunder; and
WHEREAS, on June 11, 2021, the Governor issued Executive Order N-08-21, which extended the provision of N-29-20 concerning the conduct of public meetings through September 30, 2021, and the Governor subsequently signed legislation revising Brown Act requirements for teleconferenced public meetings (Assembly Bill 361, referred to hereinafter as “AB 361”); and
WHEREAS, on September 16, 2021 Governor Newsom signed AB 361, which added subsection (e) to Government Code section 54953 of the Brown Act, and makes provision for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
ATTACHMENT 1
2 of 3
Resolution 2022 - Council Meeting Date
WHEREAS, the Town Council of the Town of Los Gatos approved Resolution No. 2021- 044 on October 5, 2021 declaring the need for the Town Council, Boards, Commissions, and Committees to continue to meet remotely in order to ensure the health and safety of the public; and
WHEREAS, the Town of Los Gatos remains in a state of emergency due to the continuing spread of COVID-19; and
WHEREAS, the Centers for Disease Control and Prevention recommends physical distancing of at least six (6) feet whenever possible, avoiding crowds, and avoiding spaces that do not offer fresh air from the outdoors, particularly for people who are not fully vaccinated, or are at a higher risk of severe illness due to COVID-19; and WHEREAS, the Town’s public meeting facility is indoor and not designed to ensure circulation of fresh/outdoor air, and not designed to ensure that attendees can remain six (6) feet apart; and
WHEREAS, holding in-person meetings would encourage community members to come to Town facilities to participate in local government, and some of them would be at high risk of severe illness due to COVID-19; and
WHEREAS, technology exists that allows full participation from members of the public without requiring in-person attendance at a Town Council, Board, Commission, or Committee meeting.
WHEREAS, the Town Council has considered all information related to this matter, including the associated staff report and other information relating to COVID-19 provided at prior public meetings of the Town Council; and
WHEREAS, the Town Council now desires to adopt a Resolution finding that the requisite conditions continue to exist for the legislative bodies of the Town of Los Gatos, as defined in the Brown Act, to conduct remote teleconference meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVE:
1. The Town Council hereby finds that the fact set forth in the above recitals and as contained in Resolution 2021-044 are true and correct, and establish the factual basis for the adoption of this Resolution;
2. There is an ongoing proclaimed state of emergency relating to the novel coronavirus causing the disease known as COVID-19 and as a result of that emergency, meeting inperson would present imminent risks to the health or safety of attendees of inperson meetings ofthis legislative body and all Town advisory bodies within the meaning of California Government Code section 54953(e)(1).
3 of 3
Resolution 2022 - Council Meeting Date
3. Under the present circumstances, including the risks mentioned in the preceding paragraph, the Town Council determines that authorizing teleconferenced public meetings consistent with Assembly Bill 361 is necessary and appropriate.
4. Staff are directed to take all actions necessary to implement this Resolution for all Town meetings in accordance with the foregoing provisions and the requirements of Government Code section 54953, as amended by Assembly Bill 361, including but not limited to returning for ratification of this Resolution every 30 days after teleconferencing for the first time pursuant to Assembly Bill 361 for so long as either of the following circumstances exists: (a) the state of emergency continues to directly impact the ability of this legislative body to meet in person; and/or (b) state or local officials, including but not limited to the County Health Officer, continue to impose or recommend measures to promote social distancing.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 5
th day of April 2022, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ___________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
PREPARED BY: WooJae Kim
Town Engineer
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Director of Parks and Public Works
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 4/5/2022
ITEM NO: 4
DATE: March 22, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of Completion for the Fiscal Year 2020/21 Street Repair and Resurfacing Project (CIP No. 811-9901), Completed by Pavement Coatings, and Authorize the Town Clerk to File for Recordation
RECOMMENDATION:
Authorize the Town Manager to execute a Certificate of Acceptance and Notice of Completion for the Fiscal Year (FY) 2020/21 Street Repair and Resurfacing Project (CIP No. 811-9901), completed by Pavement Coatings, and authorize the Town Clerk to file for recordation.
BACKGROUND:
The Town’s FY 2020/21 Street Repair and Resurfacing (Street) Project focused on preventive maintenance through rubber cape seal, slurry seal, and crack seal treatments. This project also incorporated the Winchester Class IV Bikeway Project (CIP No. 813-0240) to install Class IV bikeways on Winchester Boulevard between Albright Way and Blossom Hill Road, before the implementation of a larger Complete Streets project in upcoming years.
On February 2, 2021, the Town Council approved the plans and specifications for the FY 2020/21 Street Project, approved advertising the project for bid, and authorized the Town Manager to award a construction contract in an amount not to exceed $4,763,000, including contingencies.
On March 2, the Town received bids ranging from $3,143,344 to $3,488,944.25 for the project.
The lowest responsible bid of $3,143,344.00 was received from Pavement Coatings, and a construction contract was awarded for the amount. On March 16, Council authorized the
PAGE 2 OF 3
SUBJECT: Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of Completion for the Fiscal Year 2020/21 Street Repair and Resurfacing Project (CIP No. 811-9901), Completed by Pavement Coatings, and Authorize the Town Clerk to File for Recordation
DATE: March 15, 2022
BACKGROUND (continued):
project contingency to be increased from ten percent to 30 percent of the contract award amount to allow for additional street repair and resurfacing work to be completed utilizing the low unit bid prices received from Pavement Coatings.
DISCUSSION:
Due to delays associated with the execution of the contract, the construction project started in August 2021. Pavement Coatings has since satisfactorily completed all contracted work items, including work on additional streets, for a final contract amount of $3,793,180.07. Staff recommends acceptance of the project.
Five percent of the faithful performance bonds will remain in effect for a period of two years as a guarantee for any needed repair or replacement caused by defective materials and/or workmanship for the project. The execution and recordation of the Certificate of Acceptance is now required to finalize the Town's acceptance of the project.
CONCLUSION:
Authorize the Town Manager to execute a Certificate of Acceptance and Notice of Completion for the FY 2020/21 Street Repair and Resurfacing (Slurry Seal/Rubber Cape Seal) Project (CIP No. 811-9901), completed by Pavement Coatings, and authorize the Town Clerk to file for recordation.
COORDINATION:
This project has been coordinated with the Finance Department.
FISCAL IMPACT:
The fiscal table below reflects a multi-year project that crosses FY 2020/21 and FY 2021/22.
The table reflects the updated project budget and costs accrued to date. There may be additional miscellaneous charges for the final closeout of the project. The project fund balance will carry forward to the next annual Street Project.
PAGE 3 OF 3
SUBJECT: Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of Completion for the Fiscal Year 2020/21 Street Repair and Resurfacing Project (CIP No. 811-9901), Completed by Pavement Coatings, and Authorize the Town Clerk to File for Recordation
DATE: March 15, 2022
FISCAL IMPACT (continued):
Parks and Public Works staff costs are tracked for all projects. Tracking of staff costs allows for accountability in the costs of the project, recovery of costs for grant funded projects, and identification of future staffing needs. This project utilized both full-time and part-time temporary staff.
ENVIRONMENTAL ASSESSMENT:
This is a project as defined under CEQA but is Categorically Exempt (Section 15301c). A Notice of Exemption was previously filed.
Attachment:
1. Certificate of Acceptance and Notice of Completion
Budget Costs
GFAR FY 2020/21 $ 2,303,024
Gas Tax $ 1,242,352
Winchester Class IV Bikeway (CIP No. 813-0240) $ 842,917 Cost Share - City of Monte Sereno $ 334,000
Reduction for Prior Cost Share Agreements $ (78,339)
Total Budget $ 4,643,954
Construction (including 30% contingency approved on 3/15/21) - Pavement Coatings $ 3,793,180 Consultation Services $ 211,892
Other Project Delivery Costs $ 7,397
Total Expenditures $ 4,012,469
Remaining Budget $ 631,485
Staff Costs
Operating Budget $ 38,748
Total $ 38,748
FY 2020/21 Street Repair and Resurfacing
CIP Project 811-9901
Recording Requested by:
TOWN OF LOS GATOS
WHEN RECORDED MAIL TO:
TOWN CLERK
TOWN OF LOS GATOS
110 E MAIN ST
LOS GATOS, CA 95030
______________________________________________________________________________ (SPACE ABOVE BAR FOR RECORDER’S USE)
(RECORD WITHOUT FEE UNDER GOVERNMENT CODE SECTIONS 27383 AND 6103)
TYPE OF RECORDING
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
PPW JOB NO. 20-811-9901 Annual Street Repair and Resurfacing (Slurry Seal/Rubber Cape Seal) Project
TO WHOM IT MAY CONCERN:
I do hereby certify that Pavement Coating Co. completed the work called for in the agreement with the Town of Los Gatos dated April 7, 2021. The work is outlined in the Town’s bid process prepared by the Town of Los Gatos and generally consisted of furnishing all labor, materials, tools, equipment, and services required for completion of the PPW Job No. 20-811-9901 located in the TOWN OF LOS GATOS, County of Santa Clara, State of California and was completed, approved and accepted April 5, 2022.
Bond No.: 24251871
Date: April 14, 2021
TOWN OF LOS GATOS
By: __________________________________
Laurel Prevetti, Town Manager
Acknowledgement Required
ATTACHMENT 1
AFFIDAVIT
To Accompany Certificate of Acceptance and Notice of Completion PPW JOB NO. 20-811-9901 Annual Street Repair and Resurfacing (Slurry Seal/Rubber Cape Seal) Project
I, LAUREL PREVETTI, the Town Manager of the Town of Los Gatos, have read the foregoing CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION and know the contents thereof. The same is true of my own knowledge, except as to the matters which are therein alleged on information or belief, and as to those matters I believe it to be true.
I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on _____________________, 2022 at Los Gatos, California. __________________________________________
LAUREL PREVETTI, TOWN MANAGER
Town of Los Gatos
RECOMMENDED BY:
Date: ____________________________
Name:
Director of Parks and Public Works
APPROVED AS TO FORM:
Date: ____________________________
Robert Schultz, Town Attorney
Notary Jurat Required
PREPARED BY: WooJae Kim
Town Engineer
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Director of Parks and Public Works
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 4/5/2022
ITEM NO: 5
DATE: March 18, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Americans with Disabilities Act Transition Plan (CIP No. 812-0129):
a. Authorize the Town Manager to Execute a First Contract Amendment to the Consultant Services Agreement with Disability Access Consultants, LLC for Additional Services, in an Amount of $40,000 for a Total Agreement Not to Exceed $170,000; and
b. Authorize An Expenditure Budget Adjustment in the Amount of $40,000 to the Project from Available General Fund Appropriated Reserve (GFAR) for Fiscal Year 2021/22.
RECOMMENDATION:
Staff recommends that the Town Council take the following actions for the Americans with Disabilities Act (ADA) Transition Plan (CIP No. 812-0129):
a. Authorize the Town Manager to execute a first contract amendment to the consultant services agreement with Disability Access Consultants, LLC for additional services, in an amount of $40,000 for a total agreement not to exceed $170,000; and b. Authorize an expenditure budget adjustment in the amount of $40,000 to the project from available General Fund Appropriated Reserve (GFAR) for Fiscal Year (FY) 2021/22.
BACKGROUND:
The federal statute on Nondiscrimination on the Basis of Disability in State and Local Government Services (28 CFR § 35.150 – Existing Facilities) requires a public entity that employs 50 or more persons to develop a transition plan setting forth the steps necessary to achieve program accessibility and reasonable modifications to eliminate barriers for persons with disabilities. In addition, Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against people with disabilities in programs that receive federal financial assistance.
PAGE 2 OF 3
SUBJECT: Americans with Disabilities Act Transition Plan (CIP No. 812-0129) DATE: March 18, 2022
BACKGROUND (continued):
The Town’s last ADA Transition Plan was adopted by Council in 1993, which identified improvements needed for accessibility compliance and prioritized them to occur over a threeyear time frame. Since then, the Town has constructed numerous projects and infrastructure keeping up with ADA requirements at the time of the project. However, ADA standards are ever evolving at the federal and state levels with broader rulings and regulation requirements.
On March 16, 2021, the Town Council authorize the Town Manager to negotiate and execute a consultant services agreement with Disability Access Consultants (DAC), LLC for the ADA Transition Plan Project in an amount not to exceed $130,000 to complete the self-evaluation of the Town programs, services, activities, and assets for ADA compliance and assist staff with the preparation of a transition plan per federal laws and regulations. The agreement was funded through GFAR and a $35,000 Joint Powers Authority Liability Assurance Network (PLAN) Grant approved for the project by Council.
DISCUSSION:
In June 2021, DAC initiated the surveys and assessments of the Town’s programs, services, activities, and assets and collected feedback from staff and the public as part of the selfevaluation process. During the process, DAC identified additional quantities of sidewalk and curb ramps in the Town’s public right-of-way beyond what was identified in the original scope and proposal. An increase to the original agreement amount would be required for DAC to complete the survey and assessment of all remaining Town assets in the public right-of-way and identify ADA deficiencies for a comprehensive self-evaluation report.
As part of the first contract amendment (Attachment 1), staff also recommends including additional services for DAC to provide further assessments, evaluations, and recommendations of future Town programs and projects, and as-needed consultation services to formulate a viable long term transition plan to address deficiencies identified. The term of the consultant services agreement would be extended to June 30, 2023.
CONCLUSION:
The Town Council’s authorization of the first contract amendment for the ADA Transition Plan agreement would allow DAC to finalize the self-evaluation report, continue with the contracted services, and provide additional ADA consulting services for future Town program and project needs and the transition plan.
COORDINATION:
This report is coordinated with the Finance Department.
PAGE 3 OF 3
SUBJECT: Americans with Disabilities Act Transition Plan (CIP No. 812-0129) DATE: March 18, 2022
FISCAL IMPACT:
Appropriation of $40,000 from GFAR available in FY 2021/22 and corresponding budget adjustment would be needed for the first contract amendment with DAC for the ADA Transition Plan.
ADA Transition Plan
CIP No. 812-0129
Budget Costs
GFAR $ 110,000
TDA Fund Allocation $ 35,000
GFAR $ 40,000
Total Budget $ 185,000
Consultant Service Agreement $ 130,000
First Contract Amendment $ 40,000
Other Project Delivery Costs $ 15,000
Total Expenditures $ 185,000
Available Balance $ 0
ENVIRONMENTAL ASSESSMENT:
The actions associated with this item are not a project defined under CEQA, and no further action is required.
Attachment:
1. First Contract Amendment including Original Agreement
Disability Access Consultants – First Amendment to Agreement for Consultant Services Americans with Disabilities Act (ADA) Transition Plan Project CIP No. 812-0129
FIRST AMENDMENT TO
AGREEMENT FOR CONSULTANT SERVICES
Americans with Disabilities Act (ADA) Transition Plan Project CIP No. 812-0129
This FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES is dated for identification this 5th day of April 2022 and amends that certain AGREEMENT FOR CONSULTANT SERVICES for the Americans with Disabilities Act (ADA) Transition Plan Project CIP No. 812-0129, dated April 1, 2021, made by and between the Town of Los Gatos, ("TOWN") and Disability Access Consultants, LLC (“CONSULTANT”).
RECITALS
A. TOWN and CONSULTANT entered into an Agreement for Consultant Services on April 26, 2021, (“Agreement”), a copy of which is attached hereto and incorporated by reference as Attachment 1 to this Amendment.
B. TOWN desires to amend the Agreement to increase the scope of work and compensation of the agreement
C. TOWN desires to amend the Agreement to extend the agreement term to December 31, 2023.
AMENDMENT
1. 2.2 Term and Time of Performance is amended to read as follows:
Term and Time of Performance. This contract will remain in effect from April 12, 2021 to December 31, 2023. Consultant shall perform the services described in this agreement as follows: (refer to Exhibit A - Scope of Services).
2. 2.6 Compensation is amended to read as follows:
Compensation. Compensation for Consultant’s professional services shall not exceed $170,000 inclusive of all costs as described in Exhibit B – Additional Services Proposal dated March 17, 2022. Compensation shall be based upon TOWN approval of each task as outlined in the terms of the Exhibit A – Scope of Services and Exhibit B – Additional Services Proposal.
3. All other terms and conditions of the Agreement remain in full force and effect.
Disability Access Consultants – First Amendment to Agreement for Consultant Services Americans with Disabilities Act (ADA) Transition Plan Project CIP No. 812-0129
IN WITNESS WHEREOF, the LOCAL AGENCY and CONSULTANT have executed this Amendment.
Town of Los Gatos, by: CONSULTANT, by:
_______________________________ ______________________________ Laurel Prevetti
Town Manager
______________________________
Name/Title
Recommended by:
__________________________________
Timm Borden
Interim Director of Parks and Public Works
Approved as to Form:
__________________________________
Robert Schultz, Town Attorney
Attest:
__________________________________
Shelley Neis, MMC, CPMC, Town Clerk
Agreement for Consultant Services
Disability Access Consultants, LLC Page 1 of 7
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and entered into on April 1, 2021) by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and Disability Access Consultants, LLC, (“Consultant”), whose address is 2862 Olive Highway, Suite D, Oroville, CA 95966. This Agreement is made with reference to the following facts.
I. RECITALS
1.1 The Town desires to engage Consultant to provide an ADA Transition Plan.
1.2 The Consultant represents and affirms that it is willing to perform the desired work pursuant to this Agreement.
1.3 Consultant warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement.
Consultant acknowledges Town has relied upon these warranties to retain Consultant.
II. AGREEMENTS
2.1 Scope of Services. Consultant shall provide services as described in that certain Proposal sent to the Town on March 8, 2021, which is hereby incorporated by reference and attached as Exhibit A.
2.2 Term and Time of Performance. This contract will remain in effect from April 12, 2021 to December 31, 2022. Consultant shall perform the services described in this agreement as follows: (refer to Exhibit A in Scope of Services).
2.3 Compliance with Laws. The Consultant shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Consultant represents and warrants to Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant shall maintain a Town of Los Gatos business license pursuant to Chapter 14 of the Code of the Town of Los Gatos.
2.4 Sole Responsibility. Consultant shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement.
2.5 Information/Report Handling. All documents furnished to Consultant by the Town and all reports and supportive data prepared by the Consultant under this Agreement are the Town’s property and shall be delivered to the Town upon the completion of Consultant's services or at the Town's written request. All reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of its services DocuSign Envelope ID: F69534DD-FEB6-4826-9634-EF90244C0E63
Agreement for Consultant Services
Disability Access Consultants, LLC Page 2 of 7
pursuant to this Agreement are confidential until released by the Town to the public, and the Consultant shall not make any of the these documents or information available to any individual or organization not employed by the Consultant or the Town without the written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the Consultant pursuant to this Agreement are for the purpose of evaluating a defined project, and Town's use of the information contained in the reports prepared by the Consultant in connection with other projects shall be solely at Town's risk, unless Consultant expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Consultant which is and has been confirmed in writing by Consultant to be a trade secret of Consultant.
2.6 Compensation. Compensation for Consultant's professional services shall not exceed $130,000 inclusive of all costs. Payment shall be based upon Town approval of each task.
2.7 Billing. Billing shall be monthly by invoice within thirty (30) days of the rendering of the service and shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specifications, documents or other pertinent materials shall be submitted for Town review, even if only in partial or draft form.
Payment shall be net thirty (30) days. All invoices and statements to the Town shall be addressed as follows:
Invoices:
Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031-0655
2.8 Availability of Records. Consultant shall maintain the records supporting this billing for not less than three 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.
2.9 Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Consultant. No portion of these services shall be assigned or subcontracted without the written consent of the Town.
2.10 Independent Contractor. It is understood that the Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the Town. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to Town employee(s). With prior written consent, the Consultant may perform some obligations under this Agreement by subcontracting but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Consultant agrees to DocuSign Envelope ID: F69534DD-FEB6-4826-9634-EF90244C0E63
Agreement for Consultant Services
Disability Access Consultants, LLC Page 3 of 7
testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Consultant shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Consultant or is based on allegations of Consultant's negligent performance or wrongdoing.
2.11 Conflict of Interest. Consultant understands that its professional responsibilities are solely to the Town. The Consultant has and shall not obtain any holding or interest within the Town of Los Gatos. Consultant has no business holdings or agreements with any individual member of the Staff or management of the Town or its representatives nor shall it enter into any such holdings or agreements. In addition, Consultant warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the Town in the subject of this Agreement, and it shall immediately disassociate itself from such an interest, should it discover it has done so 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.
2.12 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.
III. INSURANCE AND INDEMNIFICATION
3.1 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. 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.
DocuSign Envelope ID: F69534DD-FEB6-4826-9634-EF90244C0E63
Agreement for Consultant Services
Disability Access Consultants, LLC Page 4 of 7
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.
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.
3.2 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.
3.3 Workers’ Compensation. 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.
DocuSign Envelope ID: F69534DD-FEB6-4826-9634-EF90244C0E63
Agreement for Consultant Services
Disability Access Consultants, LLC Page 5 of 7
3.4 Indemnification. The Consultant shall save, keep, hold harmless and 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.
IV. GENERAL TERMS
4.1 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.
4.2 Governing Law. This Agreement, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of Santa Clara.
4.3 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 days (15) 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, 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.
4.4 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.
4.5 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, including costs of appeal.
4.6 Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to:
Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
Disability Access Consultants, LLC
Attn: Barbara Thorpe
2862 Olive Highway, Suite D
Oroville, CA 95966
DocuSign Envelope ID: F69534DD-FEB6-4826-9634-EF90244C0E63
Agreement for Consultant Services
Disability Access Consultants, LLC Page 6 of 7
or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town.
4.7 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the terms and conditions of this Agreement in respect of the Products or Services and any attachments to this Agreement, then the terms and conditions of this Agreement shall prevail over attachments or other writings.
4.8 Entire Agreement. This Agreement, including all Exhibits, 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.
DocuSign Envelope ID: F69534DD-FEB6-4826-9634-EF90244C0E63
Agreement for Consultant Services
Disability Access Consultants, LLC Page 7 of 7
IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement.
Town of Los Gatos by:
Laurel Prevetti, Town Manager
Recommended by:
Matt Morley, Director of Parks and Public
Works
Consultant, by:
Printed Name and Title
Approved as to Form:
Robert Schultz, Town Attorney
Attest:
Shelley Neis, MMC, CPMC, Town Clerk
DocuSign Envelope ID: F69534DD-FEB6-4826-9634-EF90244C0E63 4/14/2021
4/14/2021 Timothy J Mahoney, General Manager
4/24/2021
4/26/2021
4/26/2021
Scope of Services
Americans with Disabilities Act (ADA) Transition Plan
Town of Los Gatos
(CIP No. 812-0129)
Town of Los Gatos
Parks and Public Works Department
41 Miles Avenue
Los Gatos, CA 95030
EXHIBIT A
DocuSign Envelope ID: F69534DD-FEB6-4826-9634-EF90244C0E63
Exhibit A -Scope of Services by Disability Access Consultants, LLC for an ADA Self-evaluation and Transition Plan
EXHIBIT A
PROJECT
Americans with Disabilities Act (ADA) Transition Plan
CIP No. 812-0129
PROJECT CONTACTS
Town of Los Gatos Disability Access Consultants, LLC (DAC) Janice Chin Barbara Thorpe, Project Manager
Parks and Public Works Department 2862 Olive Highway
41 Miles Avenue Suite D
Los Gatos, CA 95030 Oroville, CA 95965
[email protected] [email protected]
408.395.3460 800.743.7067
SCOPE OF SERVICES
The scope of services includes seven (7) tasks:
Task A: Project Management and Coordination
Task B: Self‐Evaluation of Town Policies and Standards
Task C: Self‐Evaluation of Town Facilities
Task D: Self‐Evaluation of Town’s Key Right‐Of-Way Assets and Trails Task E: Public Outreach
Task F: Develop the Transition Plan
Task G: Additional Activities
PROJECT TASKS, SCHEDULE, TIMELINE, STAFF ALLOCATIONS AND BILLING RATES The Scope of Services are outlined and described in Tasks A, B, C, D, E, F and G.
A project schedule and activities are included in Table 1: Task, Activities and Timelines. The project will be completed in seven (7) months or sooner from the notice to proceed.
Tasks, allocated staff and billing rates are included in Table 2: Tasks, Staff and Billing Rates.
TASK A: PROJECT MANAGEMENT AND COORDINATION
DAC shall provide the necessary project coordination, administration, management throughout the project.
DAC will organize planning and orientation meetings to be held via teleconference or virtual video conferencing when appropriate.
DAC will conduct an initial project kickoff meeting or virtual conference call with selected Town staff to clarify roles and lines of communication, refine project goals, review the overall project schedule, schedule surveys of Town facilities and identify key Town personnel related to the project scope. DAC will send a draft agenda prior to the initial kickoff meeting to the designated Town contact for review. A suggested list of attendees will be developed in collaboration with DAC and the Town.
Notes will be collected during the initial meeting and adjustments made to the project work plan as indicated by the Town. A formal kickoff meeting will subsequently be scheduled with the confirmed list of attendees with oversight responsibilities for project activities.
The project methodology is designed to develop a comprehensive plan without placing additional activities and impact upon Town staff. The initial orientation meeting will include an assessment of previous compliance activities and areas of current or potential litigation. The review of compliance activities and high priority areas will assist with the development of an overall project plan.
DocuSign Envelope ID: F69534DD-FEB6-4826-9634-EF90244C0E63
Exhibit A -Scope of Services by Disability Access Consultants, LLC for an ADA Self-evaluation and Transition Plan The review and documentation of prior accessibility initiatives will be conducted and documented to build a more defensible plan to assist the Town to defend litigation challenges.
Related documents will be reviewed and may include, but are not limited to the facility master plans, strategic plans and other related documents.
Progress reports will be issued by DAC in accordance with Town requirements. Invoice requirements and frequency of invoices will be confirmed as directed by the Town.
Deliverables: progress reports, meeting notes and recommendations and action plans.
TASK B: SELF‐EVALUATION OF TOWN POLICIES AND STANDARDS
DAC will work with designated Town contacts to gain access to the Town’s regulations, policies, standards, programs, and activities for evaluation according to ADA standards and California accessibility requirements.
The self-evaluation will include factors for eligibility requirements and participation for persons with disabilities, methods for providing accommodations, effective communication and grievance procedures. The self-evaluation results will also include recommendations for acceptable terminology, and updates to policies that may be inadequate or not established.
As the Town’s website has a large repository of documents publicly available, DAC will begin with an extensive review of information offered directly on the Town’s website pages, within the Los Gatos Town Codes, and in the Town’s online “Document Center” catalogue of folders. The review will first determine if the required information is available, and if so, the review will also include suggested updates or modifications to ensure the policy is compliant and inclusive when needed. If specific policies or regulations are not found, DAC will inquire with Town staff to confirm. When necessary, recommendations will be made to establish compliant policies, procedures, statements and notices.
For example, DAC will evaluate Town policies, procedures and related documents including, but not limited to:
• Grievance procedures and tracking
• Service animals
• Accommodation statements and procedures
• Other power-driven mobility devices
• Accessible seating and ticketing
• Emergency procedures
• Policies for use or lease of Town facilities
• Contracted services
• Construction standards, specifications and details
• Lease and facility use agreements
• Eligibility criteria
• Maintenance of accessible features
• Effective communication
• Auxiliary aids and services
• Social media
• New employee and volunteer training
• Planning and budgeting
• Access to programs, services, activities and events
DAC will review the provision of Town programs, services and activities to determine if there are any discriminatory practices that may deny access for persons with disabilities.
DAC will also evaluate if the Town provides required notices and postings, including but not limited to:
• Identification and contact information for the ADA and/or 504 Coordinator DocuSign Envelope ID: F69534DD-FEB6-4826-9634-EF90244C0E63
Exhibit A -Scope of Services by Disability Access Consultants, LLC for an ADA Self-evaluation and Transition Plan • Notice of rights and statement of nondiscrimination
• Statement of reasonable accommodation on public notices • Grievance policy and procedure
• Statement of website accessibility
DAC will also review additional available documents that have impacts on accessibility, such as the Town’s Master Plan, Fee Schedules, General Plan, other planning documents and annual budget documents.
As part of the requirements for effective communication, DAC will also perform a comprehensive website accessibility review for compliance with Web Content Accessibility Guidelines (WCAG) 2.0 Level AA, which is the current level of accessibility required for Title II public entities. The evaluation will yield results for the following at minimum:
• Accessibility and compliance with WCAG 2.0 AA and Section 508 • Compatibility with all major web browsers, including Chrome, Firefox, Edge and Safari • Search engine optimization per Google and Bing guidelines • Broken links and spelling errors in links
• Usability with assistive technology.
• Missing alternative text in graphics and PDF documents • Small, difficult to read text fonts
References to WCAG evaluation success criteria are included with noncompliant or incompatibility findings.
Deliverables: Executive summary of findings and recommendations for the self-evaluation; accessibility website review
TASK C: SELF‐EVALUATION OF TOWN FACILITIES
DAC will survey and assess the Town buildings, facilities, parking areas, parks and open spaces, public rightsof-way to document accessibility barriers. Data and reports will be reviewed by a CASp certified DAC team member prior to being presented to the Town. The CASp designated team member that will coordinate the inspection team during the facility reviews and conduct quality control reviews will be Michael Boga (CASp152). Candice Pursch will be the designated Team Leader for the collection of data in the field and will coordinate scheduling and monitoring of DAC team members. Weekly, or as-needed, progress updates will be confirmed and scheduled.
As required by the ADA, the 2010 ADA Standards will be compared with state codes (Title 24 of the California Building Code) and the standard that provides the greater level of accessibility utilized. The accessibility compliance standards and regulations will be applied as appropriate and may include the ADA Standards, Title 24 of the California Building Code, Public Rights-of-Way Accessibility Guidelines, California Manual on Uniform Traffic Control Devices, Caltrans Standards and other applicable federal or state accessibility codes. Cost estimates will be provided as available.
As DAC collects actual measurements of as-is field conditions and records all information, data can be reprocessed if codes change without conducting a re-inspection, thus resulting in a significant savings when codes change and the plan needs to be updated.
Reports will be provided to the Town through DACTrak, an online accessibility management program developed by DAC. Assessments and reports will include a high degree of detail with photographs, code references, cost estimates and GIS information for available exterior areas. The DACTrak software provides the user with the capability to generate reports in multiple formats such as photo and progress reports, summary and chart reports, and compliant items reports. In addition to numerous standard reporting features, DACTrak also offers the user the capability of generating custom reports. The inclusion of photographs showing the asis condition has proven to be valuable assistance to clients in the formulation of the decisions regarding barrier removal priorities. Photographs will be taken for each finding and GIS coordinates for public rights-of-way.
The DACTrak software provides an easy-to-use accessibility management platform that exceeds the ability to DocuSign Envelope ID: F69534DD-FEB6-4826-9634-EF90244C0E63
Exhibit A -Scope of Services by Disability Access Consultants, LLC for an ADA Self-evaluation and Transition Plan manage the plan by hard copies and binders. Use of the DACTrak software will provide the Town with an additional tool to reprioritize items depending upon the unique and ongoing needs of the Town and public comments during the public input process.
Deliverables: Facility inspections incorporated into DACTrak. DACTrak training will be provided to designated Town staff.
TASK D: SELF‐EVALUATION OF TOWN’S KEY RIGHT‐OF-WAY ASSETS AND TRAILS DAC will assess the Town’s public trails and selected assets in the Town’s public rights-of-way (PROW) for compliance with the ADA and related accessibility standards. DAC will consult with the Town to recommend and determine the areas to be assessed.
DAC uses a comprehensive approach to inspecting accessibility of pedestrian access routes in the public rightsof-way (PROW) and trails. To conduct PROW and trail field assessments, DAC accessibility specialists walk sidewalks and trails to record manual measurements, take photographs and capture GIS coordinates (as applicable for exterior measurements) of the field conditions and enter the information into our DACTrak tablet in the field. Information captured in the field will be uploaded into the DACTrak accessibility management system.
The field survey teams are supervised by a qualified Certified Access Specialist (CASp). Data and reports are also reviewed by a CASp certified team member prior to being presented to the Town.
A facility report for each PROW area and trail surveyed will include detailed areas of deficiency in addition to corrective recommendations and cost estimates. The reports will be presented through DACTrak in an initial priority sort order that can be customized for implementation by the Town. The assessment will include cost estimates to correct deficiencies in accordance with the ADA, Title 24 of the California Building Code, Public Rights of Way Accessibility Guidelines, California Manual on Uniform Traffic Control Devices, or other applicable federal or state accessibility codes such as Outdoor Developed Recreational Standards.
General areas of the PROW inspections for pedestrian routes include but are not limited to the following areas:
sidewalks, curb ramps, intersections, crosswalks, street furniture, bus stops and shelters, on-street parking and related items in the pedestrian access route. The following items are included:
▪ Sidewalks
o Sidewalk starting and ending points and length
o GIS location and street markers
o Width
o Running and cross slope
o Changes in elevation
o Obstructions-into the path of travel and overhead obstructions o Utilities and mailboxes that may interfere with the pedestrian route o Gratings
▪ Curb Ramps
o Location including GIS
o Curb ramp type
o Curb ramp material
o Ramp run
o Ramp width
o Side flares
o Slope and cross slope
o Finish
o Contained in crosswalk
o Detectable warnings
o Top & bottom ramp
o Gutter
o Changes in elevation to bottom ramp
o Contains water
DocuSign Envelope ID: F69534DD-FEB6-4826-9634-EF90244C0E63
Exhibit A -Scope of Services by Disability Access Consultants, LLC for an ADA Self-evaluation and Transition Plan ▪ Crosswalks and Mid-block crossings
o Width
o Slope
o Detectable warnings
o Pedestrian head
▪ Intersections
o GIS location and cross streets
o Pedestrian signal controls and indicators
▪ Medians and Islands
▪ Roundabouts
▪ Trails
▪ Parks
▪ Open Space
▪ Bus stops and shelters
o Type
o Length and width
o Boarding pad-length, width, slope and vertical clearance o Accessible route to shelter-slope, cross slope, width o Clear floor space-length, width, slope, located in shelter o Signage
o Amenities accessible-trash cans, literature, information ▪ Benches and Street Furniture
Deliverables: Deliverables: Facility inspections incorporated into DACTrak. DACTrak training will be provided to designated Town staff.
TASK E: PUBLIC OUTREACH
DAC will advise the Town on methods to advertise for public input and solicit input into the transition plan.
DAC will lead a process for interested persons, including individuals with disabilities and organizations representing individuals with disabilities, to participate in the self-evaluation process by submitting comments.
The process may include hard copy and online surveys, community workshops, or other outreach methods as appropriate for the Town. Since a public outreach meeting is not required by the ADA, DAC can suggest public outreach activities that will satisfy the opportunities for public input requirements of the ADA and encourage community response, such as online and hard copy surveys. Two (2) virtual meetings for the Town council and two (2) public virtual meetings.
The process of providing opportunity for public input is designed to help ensure that the Town is successful in receiving information that will assist the Town to implement the transition plan, ensuring that the needs of the community are incorporated. Surveys will be developed for the Town to collect input from members of the community and visitors to the Town, area organizations that provide services to residents with disabilities, and from Town staff.
Surveys will be made available in multiple formats including online surveys, fillable PDF, Word documents and hard copies. The methods used for advertising the opportunities for public input will be customized for the Town to ensure that established procedures for collecting public input are followed at a minimum. Methods of advertising may include news banners on the Town’s website, posts on the Town’s social media accounts, an advertisement place in a local newspaper, and hard copies of the public notice displayed in public areas, such as Town Hall, community centers and libraries.
As public input is received, DAC will compile the results and include the comments in the Executive Summary provided to the Town. Input that is appropriate for the provision of programs, services and activities will be integrated into the plan. Public and staff input regarding access to facilities and barriers will assist in the development of the transition plan by assisting with the priorities and schedule for the removal of barriers.
Deliverables: Hard copy and digital surveys, notices, announcements, and a summary of public and staff comments.
DocuSign Envelope ID: F69534DD-FEB6-4826-9634-EF90244C0E63
Exhibit A -Scope of Services by Disability Access Consultants, LLC for an ADA Self-evaluation and Transition Plan TASK F: DEVELOP THE TRANSITION PLAN
Upon completion of the field assessments, DAC will present the transition plan and findings to the Town by providing login access to the DACTrak Accessibility Management software program for Town staff. DACTrak will allow Town users to generate reports in multiple formats, including PDF, Excel, KMZ and ESRI Shapefile.
There are no maintenance or storage fees associated with use of the DACTrak software.
The transition plan reports provided through DACTrak will include an initial prioritization, however using the tools in DACTrak, the Town users will have the ability to customize the transition plan implementation schedule and priorities, using multiple options and criteria for mitigating barriers. The tools in DACTrak will allow the Town to create a schedule for repair, that can be adjusted as often as needed.
DACTrak is an online software program that is accessed through a web browser. There are no files or programs to download or install on the Town’s computers or servers. DAC performs all maintenance and updates to the software, so there is no burden on the Town’s IT staff to provide support to the DACTrak users. All support is provided by DAC.
Using DACTrak, Town staff will have the ability to view and generate multiple styles of reports for all buildings, facilities, parks, trails and public rights-of-way assessed, as well as export reports in several file types, including PDF, Excel, KML and Shapefiles. DACTrak report styles include very detailed reports as well as summary reports by facility or category to help identify and prioritize barriers, establish solutions that may apply to many locations Town-wide to assist with purchasing, and estimate probable costs for corrections.
For reports that contain exterior findings where GIS coordinates can be captured, such as sidewalks and curb ramps, the DACTrak online accessibility management software provides the Town with several ways to view the resulting reports on a map following the processing of the data collected during the field inspections. As DAC collects GIS location information for each element in the public right-of-way, data can be viewed in a map directly in the DACTrak software, as well as exported to popular map file types, including KML for viewing and managing on Google Earth and ESRI Shapefile for viewing and managing with ArcMap or other ESRI program.
DACTrak provides users with several map style options and customizations, including maps that simply identify the location of each noncompliant finding, to “heat maps” that identify clusters of noncompliant findings for specific areas with color coded icons that indicate the number of noncompliant findings at a specific location.
When exporting public right-of-way data from DACTrak into a KML or Shapefile from any map style, all information associated with the finding is included, such as the reason the item is not compliant, the recommended method to remove the barrier, state and federal code references applicable to the barrier, a photograph of the item and any notes that are recorded about the element and implementation for the transition plan. Reports for public rights-of-way can also be viewed in PDF and Excel file formats, in addition to KML and ESRI Shapefile.
While the Town may present the completed ADA self-evaluation and transition plan to Town Council as an informational update on the project, it is not required or recommended that the plan be approved or adopted by Council as projected dates of barrier may need to change to align with future projects or Town priorities.
Additionally, since the data in the field is collected using our DACTrak software and exported daily for processing by our DACTrak server engines, the report data is available for editing by our Quality Control team as soon as each facility survey is completed each day. This ensures a very prompt turnaround time for the deliverables to be available to the Town. Since deliverables are provided to Town staff via logins to the DACTrak online software, there is no additional wait time for printing, binding, packaging and shipping hard copies of reports. Project deliverables are available instantly upon logging in to DACTrak. Because of the preplanning and flexible scheduling for our projects as well as our DACTrak software to collect data and provide reports, we can provide of our clients with deliverables within established project deadlines.
Staff training and support regarding the use of the DACTrak Accessibility Management System is currently included in Task F and Task G at no cost.
DocuSign Envelope ID: F69534DD-FEB6-4826-9634-EF90244C0E63
Exhibit A -Scope of Services by Disability Access Consultants, LLC for an ADA Self-evaluation and Transition Plan The DACTrak software and reports will provide the Town with the remaining three requirements:
• Identification of physical barriers in the Town’s surveyed facilities that limit access to its programs or activities for individuals with disabilities;
• Detailed descriptions of the recommended methods and estimated costs to make the facilities accessible. The DACTrak management tools can also be used to identify the responsible party for structural modifications in the case of leased sites;
• The required schedule for removing the barriers is completed in collaboration with the Town. It is reasonable to assume that the Town’s schedule of barrier removal will include work to be performed over multiple years, therefore the transition plan should include an estimated annual projection for barrier removal activities. The DACTrak software tools will offer the Town an ongoing method to manage and adjust the implementation plans.
Deliverables: Transition plan of physical barriers with noncompliant findings and recommendations for barrier removal.
TASK G: ADDITIONAL ACTIVITIES
As the Town has noted it the RFQ, additional services (TASK G) may be requested by the Town in addition to Task A, B, C, D, E and F and may include staff training, plan reviews, additional consultation and other activities as requested by the Town and agreed to by DAC.
Training activities for managers, supervisors, administrative staff and support staff may include:
• Roles and Responsibilities of the ADA Coordinator
• ADA Roles and Responsibilities for Front Line Staff
• ADA Roles and Responsibilities for Executive and Management Staff • Maintenance of Accessible Facilities
• Maintenance of Accessible Public Rights-of-Way
• Using and maintaining the database
• Using and maintaining the project map
• Monitoring and updating the ADA self-evaluation and transition plan; • Development of internal procedures for granting exemptions for Town projects.
Several of the optional training topics noted that the Town may are included in the scope of services and will be provided at no additional cost. Training at no cost includes:
• Using and maintaining the database – included with the DACTrak training • Using and maintaining the project map - included with the DACTrak training • Monitoring and updating the ADA self-evaluation and transition plan is included with DACTrak training Training Topic Course Description and Notes Cost
Accessibility
standards and
regulations
• Requirements for ADA and Section 504 compliance, including programmatic and facility accessibility requirements.
• 4-to-6-hour course $1,000
Performing field
inspections
• Training regarding data collection in the field
• Includes classroom and field training.
• 2 days depending on staff backgrounds and prior experience $2,400
per day
Procedures for
granting
exemptions for
Town projects
• Course would be interactive and include an examination of existing processes and procedures to refine current system and recommend or develop enhanced processes.
• 2-to 3-hour course. $500
Deliverables: deliverables may vary depending upon the additional activities selected by the Town. Curriculum and training materials would be included with staff training.
DocuSign Envelope ID: F69534DD-FEB6-4826-9634-EF90244C0E63
Exhibit A -Scope of Services by Disability Access Consultants, LLC for an ADA Self-evaluation and Transition Plan
TOWN STAFF TIME
DAC’s methodology for the Town’s ADA Self-evaluation and Transition Plan is designed to require minimal Town staff time and resources. DAC does not require any office space, equipment or supplies. Based on experience and knowledge of the accessibility field and best practices, DAC continues to develop innovative methodologies, easy to use ADA management tools, and proven, successful strategies for evaluating programs, services, activities, events, facilities, parks and public rights-of-way.
Project Coordination
The methodology for scheduling, coordination of project, policy reviews and the analysis of programs, services and activities will be confirmed at the kickoff and planning meeting with DAC and Town staff. Involvement of Town staff will be needed to review the draft agenda for the initial start-up meeting, recommend any changes and participate in the start-up meeting.
Policies, Procedures, Programs and Services
DAC will need access to the Town’s policies, procedures, ordinances, memorandums of understanding, planning and budgeting documents and related items that pertain to the administration of programs, services and activities and may require minimal staff time.
Field Surveys
As is the case with most public entities, due to the limited Town staff availability it is the intent of DAC to conduct the surveys as minimal impact on Town staff as possible. Surveys requiring Town staff assistance, such as secure, locked or alarmed areas, will be coordinated through the Town’s designated contacts, and will be scheduled in a way that minimizes the impact to the regular workloads of the applicable staff members. The flexible scheduling also allows for continued efficiency of the survey process, so that there is no delay between the completion of one facility survey and the start of the next survey and allows for the anticipated survey plans to be altered quickly when unforeseen circumstances arise, such as rain prohibiting the planned survey of a park. In these situations, our survey staff would proceed to an available facility.
Data Collection and Management
DACTrak, an online accessibility management program was developed by DAC for the purpose of easy and useful importing and management of the accessibility data collected in the field. DACTrak is interactive online software and is not an enhanced excel spread sheet. The ability to collect, compile, analyze and use report data in a practical format was one of the driving forces to develop the DACTrak intake and management software.
Town staff will be provided training by DAC regarding the use of DACTrak to manage, update and implement the Town’s transition plan.
During the DACTrak training, selected Town staff will be instructed regarding the methods to manage the Town’s ADA Transition Plan. The transition plan data and reports provided through DACTrak will identify structural accessibility barriers, to help the Town prioritize and schedule the removal of identified barriers to develop a manageable transition plan.
Town staff will need to provide input into the timelines and estimated dates to be entered into the Transition Plan as DAC cannot unilaterally enter the dates that the Town plans to remediate the barriers without collaboration.
Public Outreach and Staff Input
DAC will provide the Town with proposed methodologies for review and comments regarding public outreach activities that may include surveys for the public and organizations that assist persons with disabilities. Staff input and approval will be needed regarding the proposed methods and sample documents provided by DAC.
Assistance will be needed regarding the dissemination of information regarding the notices to be placed on the website and posted selected Town publications and newsletters or in the local newspaper.
DAC compiles the surveys and the information collected during the public outreach portion of the project and staff surveys and input. The information is integrated into the Town of Los Gatos ADA/504 Self-evaluation and Transition Plan Executive Summary.
DocuSign Envelope ID: F69534DD-FEB6-4826-9634-EF90244C0E63
Exhibit A -Scope of Services by Disability Access Consultants, LLC for an ADA Self-evaluation and Transition Plan TABLE 1: TASKS, ACTIVITIES AND TIMELINES
Key tasks, activities and timelines are outlined in TABLE 1 below. Timelines are represented in months.
As indicated the project timeframe is 7 months or less.
TASK MONTH 1 2 3 4 5 6 7
A Project Management and Coordination
Initial planning, orientation meeting, schedules
Review documents, prior activities
Overall progress reports, coordination activities
B Self-evaluation of Town Policies and Standards
Evaluation of Town policies, programs and services
Review of related documents and plans
C Self-evaluation of Town Facilities
Inspections by DAC of Town facilities
Town review of sample of draft reports completed
Report comments integrated as indicated
Inspections completed
D Self-evaluation of Key Rights-of-Way and Trails
Inspections by DAC of public rights-of-ways and trails
Reports issued in DACTrak
E Public Outreach
Methods for public outreach and staff input confirmed
Staff input
Public outreach conducted
Outreach and input comments compiled
Comments integrated into executive summary
F Develop Transition Plan
Priority methodology confirmed
Estimated dates of barrier removal into DACTrak
Draft of Transition Plan
Final Transition Plan
G Additional Activities (as requested throughout project) TABLE 2: TASKS, STAFF AND BILLING RATES
Tasks, allocated staff and billing rates are included in Table 2: Task and Budget Worksheet (attached).
DocuSign Envelope ID: F69534DD-FEB6-4826-9634-EF90244C0E63
Scope of Services
Americans with Disabilities Act (ADA) Transition Plan
Town of Los Gatos
Additional Services Proposal
(CIP No. 812-0129)
Town of Los Gatos
Parks and Public Works Department
41 Miles Avenue
Los Gatos, CA 95030
March 17, 2022
Town of Los Gatos ADA Additional Services Amendment Proposal Page 2 of 4 Additional Services Amendment Proposal
March 17, 2022
PROJECT
Americans with Disabilities Act (ADA) Transition Plan
CIP No. 812-0129
PROJECT CONTACTS
Town of Los Gatos Disability Access Consultants, LLC (DAC) Janice Chin Barbara Thorpe, Project Manager
Parks and Public Works Department 2862 Olive Highway
41 Miles Avenue Suite D
Los Gatos, CA 95030 Oroville, CA 95965
[email protected] [email protected]
408.395.3460 800.743.7067
SCOPE OF SERVICES
The scope of services includes additional services to be added two (2) tasks from the original proposal and agreement:
Task D: Self‐Evaluation of Town’s Key Right‐Of-Way Assets and Trails Task G: Additional Activities/On-Call Services
TASK D: SELF‐EVALUATION OF TOWN’S KEY RIGHT‐OF-WAY ASSETS The original RFQ data provided by the Town estimated the total linear miles of sidewalk at approximately 94 linear miles. Currently DAC has completed approximately 110 linear miles and estimates the total linear miles of sidewalk at closer to 160 linear miles.
The cost to complete the additional estimated 50 linear miles of Town owned sidewalk, is proposed at $25,000.
As presented in the agreement, DAC uses a comprehensive approach to inspecting accessibility of pedestrian access routes in the public rights-of-way (PROW). To conduct PROW and trail field assessments, DAC accessibility specialists walk sidewalks and trails to record manual measurements, take photographs and capture GIS coordinates (as applicable for exterior measurements) of the field conditions and enter the information into our DACTrak tablet in the field. Information captured in the field will be uploaded into the DACTrak accessibility management system.
The field survey teams are supervised by a qualified Certified Access Specialist (CASp). Data and reports are also reviewed by a CASp certified team member prior to being presented to the Town. A facility report for each PROW area and trail surveyed will include detailed areas of deficiency in addition to corrective recommendations and cost estimates. The reports will be presented through DACTrak in an initial priority sort order that can be customized for implementation by the Town.
The assessment will include cost estimates to correct deficiencies in accordance with the ADA, Title 24 of the California Building Code, Public Rights of Way Accessibility Guidelines, California Manual on Uniform Traffic Control Devices, or other applicable federal or state accessibility codes.
General areas of the PROW inspections for pedestrian routes include but are not limited to sidewalks, curb ramps, intersections, crosswalks, street furniture, on-street parking and related items in the pedestrian access route.
Town of Los Gatos ADA Additional Services Amendment Proposal Page 3 of 4 The following items are included:
▪ Sidewalks
o Sidewalk starting and ending points and length
o GIS location and street markers
o Width
o Running and cross slope
o Changes in elevation
o Obstructions-into the path of travel and overhead obstructions o Utilities and mailboxes that may interfere with the pedestrian route o Gratings
▪ Curb Ramps
o Location including GIS
o Curb ramp type
o Curb ramp material
o Ramp run
o Ramp width
o Side flares
o Slope and cross slope
o Finish
o Contained in crosswalk
o Detectable warnings
o Top & bottom ramp
o Gutter
o Changes in elevation to bottom ramp
o Contains water
▪ Crosswalks and Mid-block crossings
o Width
o Slope
o Detectable warnings
o Pedestrian head
▪ Intersections
o GIS location and cross streets
o Pedestrian signal controls and indicators
▪ Medians and Islands
▪ Roundabouts
▪ Trails
▪ Parks
▪ Open Space
▪ Benches and Street Furniture
Deliverables: Completion of surveys for an additional 50 linear miles of Town owned sidewalk Estimated Budget for additional 50 linear miles of Town owned sidewalk: $25,000 TASK G: ADDITIONAL ACTIVITIES/ON-CALL SERVICES
Town may request additional “on-call” and as needed services from DAC that may include, but not limited to:
• General ADA consulting
• Assistance for the ADA Coordinator
• Code interpretation/application
Town of Los Gatos ADA Additional Services Amendment Proposal Page 4 of 4 • Accessibility Plan Reviews
• Annual Plan update
• Legal/claim expertise
• Data entry into DACTrak
• Transition Plan Implementation re-training
• Supplemental DACTrak training and services
• Staff Training
Estimated Budget for On-Call Services: $15,000
DAC STAFF AND BILLING RATES
TITLE NAME HOURLY RATE
Project Manager Barbara Thorpe $110
CASp Mike Boga $100
Assistant Project Manager Tim Mahoney $90
Director of Administrative Services Jennie Grover $65
Field Team Leader Candice Pursch $90
Accessibility Specialists Various $75
Director of IT Srikant Talasila $0
Expenses: Rates do not include travel expenses, travel time, airfare, meals, hotel, rental car Note: If expenses are applicable, DAC will obtain authorization from the Town prior to travel.
PROPOSAL FOR ADDITIONAL SERVICES – BUDGET SUMMARY
Task D: Additional Sidewalk Inspections $25,000
Task G: On-Call/As-needed Services $15,000
Total $40,000
PREPARED BY: Ying Smith
Transportation and Mobility Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Parks and Public Works Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 4/5/2022
ITEM NO: 6
DATE: March 29, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt A Resolution Authorizing an Application to the California Department of Parks and Recreation’s Recreational Trails Program for the Los Gatos Creek Trailhead Connector Project
RECOMMENDATION:
Staff recommends the Town Council adopt a resolution authorizing an application to the California Department of Parks and Recreation’s Recreational Trails Program for the Los Gatos Creek Trailhead Connector project.
BACKGROUND:
At the March 1, 2022 meeting, the Town Council approved a funding plan for the Los Gatos Creek Trailhead Connector project, the individual actions in the three grant programs, and associated financial commitments.
Since the March 1 Town Council meeting, staff has made progress in pursuing the three grant funding opportunities identified. Table 1 illustrates the proposed funding plan and includes updated grant amounts. The status updates are explained further in this report.
Table 1 – Proposed Funding Plan and Updates
Source Low Estimate High Estimate
OBAG 2 $3,351,000 $3,351,000
TFCA $555,921 $1,190,000
Valley Water $840,000 $1,120,000
Total Grant $ $4,746,921 $5,661,000
Construction Cost $5,800,000 $5,800,000
Town Funds Needed $1,053,079 $139,000
PAGE 2 OF 3
SUBJECT: Grant Application to the Recreational Trails Program for the Los Gatos Creek Trailhead Connector project
DATE: March 29, 2022
BACKGROUND (continued):
One Bay Area Grant (OBAG): The recommendation to reprogram $3,351,000 in OBAG funds has been approved by the Santa Clara Valley Transportation Authority (VTA) committees and it is scheduled to be considered by the VTA Board at its April 7 meeting on the consent agenda.
Transportation Fund for Clean Air (TFCA): Staff submitted an application on March 11 requesting $1,190,000 in grant funds. Unlike the experience in the past five to six years, this year’s program is oversubscribed. VTA staff’s initial analysis indicates that the project is eligible to receive $555,921 in the set-aside category, while it will need to compete against other projects for the remaining amount.
Valley Water Access to Trails & Open Space Grants: Staff submitted an application on March 4 requesting $1,400,000. The application is under evaluation and a decision is expected in May.
Valley Water staff indicated that if the project is awarded, the grant amount would be lower than $1,400,000. Staff doesn’t have a reliable prediction of the award.
DISCUSSION:
The award of $3,351,000 in OBAG is the key in completing the proposed funding plan.
However, there are a few risks in this funding plan as both the TFCA and Valley Water grant applications are under evaluation and face competition. In the lower estimate scenario in Table 1, the Town would need $1,053,079 in local dollars to complete the funding plan compared to the March 1 funding plan estimate of $928,687. The Council allocated $1M toward this purpose.
Town staff continues to explore other grant funding opportunities as they occur. The Recreational Trails Program (RTP) provides funds annually for recreational trails and trailrelated projects. The RTP is administered at the state level by the California Department of Parks and Recreation and the Department of Transportation. A call-for-projects was released late last year, with a total amount of $4,680,000 available, covering Federal Fiscal Years 2021, 2022, and 2023.
Staff believes the Los Gatos Creek Trailhead Connector project will be eligible for the RTP.
However, the grant program requires National Environmental Policy Act (NEPA) review by the Federal Highway Administration (FHWA), which would result in a delay in construction and make the project miss the project delivery deadlines required in the OBAG grant. Department of Parks and Recreation staff indicated that there may be a chance to fast-track the FHWA review because the Town has completed NEPA studies in 2021. After consulting with Department of Parks and Recreation, Town staff concluded that the Town has a reasonable
PAGE 3 OF 3
SUBJECT: Grant Application to the Recreational Trails Program for the Los Gatos Creek Trailhead Connector project
DATE: March 29, 2022
DISCUSSION (continued):
chance to compete in the RTP, despite the risk of its schedule not aligning with the OBAG delivery schedule.
CONCLUSION:
Staff is proposing submitting a grant application to the California Department of Parks and Recreation’s Recreational Trails Program for the Los Gatos Creek Trailhead Connector project.
The applications are due on April 7 with award recommendations anticipated in mid- to late summer.
COORDINATION:
This report was coordinated with the California Department of Parks and Recreation staff.
FISCAL IMPACT:
If the Town’s application is awarded, the Town would receive additional grant funds to support the funding plan. Staff will present a recommendation for budget appropriation for the Town Council’s consideration at that time. With the anticipated OBAG and TFCA grants, the Town will be able to meet the match requirement of the RTP.
ENVIRONMENTAL ASSESSMENT:
The funding action is not a project defined under CEQA, and no further action is required. This project has completed environmental studies and CEQA clearance is expected in April 2022.
Attachment:
1. Resolution approving the application for grant funds from the Recreational Trails Program
______________________________________
RESOLUTION FORM
Resolution No: __________________
RESOLUTION OF THE ____________________________________________________OF ________________________ APPROVING THE APPLICATION FOR GRANT FUNDS FROM
THE RECREATIONAL TRAILS PROGRAM
WHEREAS, the Fixing America’s Surface Transportation Act (FAST-ACT) provides funds to the State of California for Grants to federal, state, local and non-profit organizations to acquire, develop and/or maintain motorized and non-motorized trail Projects; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing Project Application under the program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the Applicant to certify by resolution the approval of Application(s) before submission of said Application(s) to the State; and
WHEREAS, the Applicant will enter into a Contract with the State of California to complete the Project(s);
NOW, THEREFORE, BE IT RESOLVED that the _____________________ hereby:
1. Approves the filing of an Application for the Recreational Trails Program; and
2. Certifies that the Project is consistent with the Applicant’s general plan or the equivalent planning document; and
3. Certifies that said Applicant has or will have available prior to commencement of any work on the Project(s) included in this Application, sufficient funds to operate and maintain the Project(s); and
4. Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions contained in the Contract shown in the Procedural Guide; and
5. Appoints the _______________ as agent to conduct all negotiations, execute and submit all documents, including, but not limited to Applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the Project.
6. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.
Approved and Adopted the _____day of ______________, 20_______.
I, the undersigned, hereby certify that the foregoing Resolution Number_____was duly adopted by the _______________________ following a roll call vote:
Ayes:
Noes:
Absent:
(Clerk)
ATTACHMENT 1
2022 -
5th April
TOWN CLERK OF THE TOWN OF LOS GATOS
22 TOWN COUNCIL
THE TOWN OF LOS GATO
Town of Los Gatos Tow
Town Manager
COUNCIL MEMBERS
PREPARED BY: Joel Paulson
Community Development Director
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 04/05/2022
ITEM NO: 7
DATE: March 18, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Third Amendment to an Agreement for Consultant Services with Mintier Harnish for Preparation of the General Plan Update and Environmental Impact Report (EIR).
RECOMMENDATION:
Authorize the Town Manager to execute a Third Amendment (Attachment 1) to an Agreement for consultant services with Mintier Harnish for preparation of the General Plan update and Environmental Impact Report (EIR).
BACKGROUND:
On July 9, 2018, the Town Council authorized the Town Manager to enter into an Agreement with Mintier Harnish for the preparation of the General Plan update and EIR (Attachment 4). The term of the original Agreement that was executed had an expiration date of July 31, 2020.
On August 1, 2020, the Town approved a First Amendment to the Agreement to extend the term expiration to July 31, 2021 (Attachment 2).
On August 1, 2021, the Town approved a Second Amendment to the Agreement to extend the term expiration to March 31, 2022 (Attachment 3).
DISCUSSION:
The General Plan update and EIR have not yet been considered by the Planning Commission or Town Council. Therefore, staff is requesting that the term expiration be extended to August 31, 2022.
PAGE 2 OF 2
SUBJECT: Third Amendment to an Agreement for Consultant Services with Mintier Harnish DATE: March 18, 2022
CONCLUSION:
Staff recommends that the Town Council authorize the Town Manager to execute a Third Amendment (Attachment 1) to an Agreement with Mintier Harnish so the General Plan update and EIR processes can be completed.
COORDINATION:
This report was coordinated with the Town Manager’s Office, Town Attorney’s Office, and Finance Department.
FISCAL IMPACT:
There is no fiscal impact as the only item being amended is the expiration of the term.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Draft Mintier Harnish Third Amendment to an Agreement
2. Mintier Harnish First Amendment to an Agreement
3. Mintier Harnish Second Amendment to an Agreement
4. Original Agreement for Consultant Services
THIRD AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
THIS THIRD AMENDMENT AGREEMENT is dated for identification this 6 th day of April 2022 and is
made by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and Mintier Harnish, LP, (“Consultant”), whose address is 1415 20th Street, Sacramento, CA 95811. This Agreement is made with reference to the following facts.
RECITALS
A. The Town and Consultant entered into an Agreement dated July 9, 2018 to provide Consultant Services for preparation of the General Plan update and Environmental Impact Report (Exhibit A).
B. The Town and Consultant entered into a First Amendment to the Agreement dated August 1, 2020 to extend the term to July 31, 2021.
C. The Town and Consultant entered into a Second Amendment to the Agreement dated August 1, 2021 to extend the term to March 31, 2022.
D. The Town desires to extend the Agreement to August 31, 2022.
AMENDMENT
1. Time of Performance of the Third Amendment Agreement is hereby amended to provide that the term of the Agreement is for the period of March 31, 2022 through August 31, 2022.
2. All other terms and conditions of the Agreement dated July 9, 2018, remain in full force and effect.
IN WITNESS WHEREOF, the Town and Consultant have executed this Third Amendment Agreement as of the date indicated above.
Town of Los Gatos: Consultant:
_____________________________ _____________________________ Laurel Prevetti Jim Harnish,
Town Manager Mintier Harnish, LP
Department Approval:
_____________________________
Joel Paulson
Community Development Director
Approved as to Form:
_____________________________
Robert Schultz
Town Attorney
Attest:
_____________________________
Shelley Neis, MMC, CPMC,
Town Clerk ATTACHMENT 1
This Page
Intentionally
Left Blank
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499
FIRST AMENDMENT TO AGREEMENT FOR CONSUL TANT SERVICES
THIS FIRST AMENDMENT AGREEMENT is dated for identification this 1 sr day of August 2020 and is made by and between TOWN OF LOS GATOS, a California municipal corporation, ("Town") and Mintier Harnish, LP, ("Consultant"), whose address is 1415 20th Street, Sacramento, CA 95811. This Agreement is made with reference to the following facts.
RECITALS
A. The Town and Consultant entered into an Agreement dated July 9, 2018 to provide Consultant Services for preparation of the General Plan update and Environmental Impact Report (Exhibit A).
B. The Town desires to extend the Agreement to July 31, 2021.
AMENDMENT
1. Time of Performance of the Amendment Agreement is hereby amended to provide that the term of the Agreement is for the period August 1, 2020 through July 31, 2021.
2. All other terms and conditions of the Agreement dated July 9, 2018, remain in full force and effect.
IN WITNESS WHEREOF, the Town and Consultant have executed this First Amendment Agreement as of the date indicated above.
Town
I,
of Los Gatos:
DocuSigned by:
By:�2fs�
Laure Prevetti
7/28/2020
Town Manager
Department Approval:
Joel Paulson (Jul 23, 2020 11:09 PDT)
Joel Paulson
Director of Community Development
Approved as to Form:
Robert Schultz (Jul 23, 2020 11:11 PDT)
Robert Schultz
Town Attorney
ConsultanH= By: \
Jim Harnish,
Mintier Harnish, LP
DocuSigned by:
7/29/2020
ATTACHMENT 2
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499 AGR.�g-\ =--· '.c.....>---::>
IHH, ____ _
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is dated for identification this �ay of July 2018 and is made by and between TOWN OF LOS GATOS, a California municipal corporation, ("Town") and Mintier Harnish, LP, ("Consultant"), whose address is 1415 20th Street, Sacramento, CA 95811. This Agreement is made with reference to the following facts.
I. RECITALS
1.1 Town desires to engage Consultant to provide Consultant Services for preparation of the General Plan update and Environmental Impact Report.
1.2 Consultant represents and affirms that they are qualified and willing to perform the desired work pursuant to this Agreement
1.3 Consultant warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement.
Consultant acknowledges Town has relied upon these warranties to retain Consultant.
II. AGREEMENTS
2.1 Scope of Services. Consultant shall provide the services as described in the Scope of Services attached as Exhibit A-1 and the schedule attached as Exhibit A-2.
2.2 Term and Time of Performance. This contract will remain in effect from the date of execution through July 31, 2020.
2.3 Compliance with Laws. Consultant shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state, and local laws. Consultant represents and warrants to Town that it has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant shall maintain a Town of Los Gatos business license pursuant to Chapter 14 of the Code of the Town of Los Gatos.
2.4 Sole Responsibility. Consultant shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement.
2.5 Information/Report Handling. All documents furnished to Consultant by the Town and all reports and supportive data prepared by the Consultant under this Agreement are the Town's property and shall be delivered to the Town upon the completion of Consultant's services or at the Town's written request. All reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the pub'lic, and the Consultant shall not make any of the these documents or information available to any
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499
2.6 2.7
individual or organization not employed by, or under contract with, the Consultant or the Town without the written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the Consultant pursuant to this Agreement are for the purpose of evaluating a defined project, and Town's use of the information contained in the reports prepared by the Consultant in connection with other projects shall be solely at Town's risk, unless Consultant expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Consultant which is and has been confirmed in writing by Consultant to be a trade secret of Consultant.
Compensation. Compensation for Consultant's professional services shall not exceed the $1,174,975 inclusive of all costs. Payment shall be made against tasks at costs as set forth in Exhibit B Fee Schedule. Consultant shall be compensated for services in addition to those described in Exhibit A-1 only if Consultant and Town execute a written amendment to this Agreement describing the additional services to be performed and the compensation to be paid for such services. Fees for additional services will be allocated from the ten percent contingency identified on Exhibit B Fee Schedule.
Flexibility. As noted in Exhibit B Fee Schedule, the distribution of hours between firms, staff categories, and tasks are an estimate. While the total costs shall not exceed amount in Section 2.6 above, the distribution of hours/costs may vary depending on actual execution.
2.8 Billing. Billing shall be monthly by invoice within thirty (30) days of the rendering of the service and shall be accompanied by a detailed explanation of the work performed, by whom, at what rate, and on what date.
Payment shall be net thirty (30) days. All invoices and statements to the Town shall be addressed as follows:
Invoices:
Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031-0655
2.9 Availability of Records. Consultant shall maintain the records supporting this billing for not less than three 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.
2.10 Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Consultant. No portion of these services shall be assigned or subcontracted without the written consent of the Town.
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499
2.11 Independent Contractor. It is understood that the Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the Town. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to Town employee(s). With prior written consent, the Consultant may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Consultant shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Consultant or is based on allegations of Consultant's negligent performance or wrongdoing.
2.12 Conflict of Interest. Consultant understands that its professional responsibilities are solely to the Town. The Consultant has and shall not obtain any holding or interest within the Town of Los Gatos. Consultant has no business holdings or agreements with any individual member of the Staff or management of the Town or its representatives nor shall it enter into any such holdings or agreements. In addition, Consultant warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the Town in the subject of this Agreement, and it shall immediately disassociate itself from such an interest, should it discover it has done so 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.
2.13 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.
3.1 Ill. INSURANCE AND INDEMNIFICATION
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.
N:\DEV\Agreements\Mintier Harnish\Mintier Harnish Agreement.docx
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499
3.2 ii. Consultant agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy insuring 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 one million dollars ($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.
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; and 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.
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
N:\DEV\Agreements\Mintier Harnish\Mintier Harnish Agreement.docx
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499 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.
3.3 Workers' Compensation. Consultant shall maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Town.
Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees.
3.4 Indemnification. The Consultant shall save, keep, hold harmless, and 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.
IV. GENERAL TERMS
4.1 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.
4.2 Governing Law. This Agreement, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of Santa Clara.
4.3 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 days (15) 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, 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.
4.4 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.
4.5 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, including costs of appeal.
N:\DEV\Agreements\Mintier Harnish\Mintier Harnish Agreement.docx
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499
4.6 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:
Joel Paulson
Community Development Director
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
Fax: (408) 354-7593
Phone: (408) 354-6879
To Consultant:
Jim Harnish
Mintier Harnish
1415 20th Street
Sacramento, CA 95811
Phone: (916) 446-0522
E-mail: [email protected] E-mail: [email protected] or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town.
4. 7 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the terms and conditions of this Agreement in respect to the Products or Services and any attachments to this Agreement, then the terms and conditions of this Agreement shall prevail over attachments or other writings.
4.8 Entire Agreement. This Agreement, including Exhibits A-1, A-2, and B, 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.
Laurel R. Prevetti, Town Manager
Town of Los Gatos
Department Approval:
N:\DEV\Agreements\Mlntier Harnlsh\Mintier Harnish Agreement.docx
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499 Scope of Work
The following section provides our work program for the preparation of the Town of Los Gatos General Plan Update. This program is designed to respond to the scope items included in the Town's Request of Proposal (RFP) and provides for the formulation of a thoughtful and user-friendly General Plan and comprehensive program-level Environmental Impact Report (EIR) that can be used to streamline subsequent project-level proposals. The work program includes appropriate technical studies and community engagement opportunities that explore issues, opportunities, and solutions to guide the community to the year 2040.
In this work program, the term "Consultants" refers to members of the Consultant Team assembled for the project.
Details on community engagement activities are described under Task H, with placeholders shown under each task to show their relationship to the overall work program.
Task A Project Initiation
During this task, the Consultants will work with Town staff to lay the foundation for the General Plan Update, including developing tools to be used throughout the Update, meeting with the General Plan Advisory Committee (GPAC), the Planning Commission, and Town Council, and initiating the community engagement program.
Task A. l Project Scoping Meeting, Kick-off Meeting, and Town Tour The Consultants will meet with Town staff to discuss expectations for the schedule, process, and work products and to refine the scope of work to address Town comments.
Following execution of the contract, the Consultants and Town staff will hold a project kick-off meeting. This meeting will confirm roles and responsibilities, establish communication protocols, refine and detail the project schedule based on actual start date, and discuss the initial ideas and strategies for community engagement (which will be refined and documented under Task H.1). Immediately following the kick off, the Consultants will tour the community with Town staff to examine key issues and opportunities that will be addressed in the General Plan Update.
Task A.2 Assemble GIS Data and Prepare Base Maps
The Consultants will work with Town staff to confirm the Planning Area and gather and format information for a Geographic Information Systems (GIS) database covering the Planning Area. The Consultants will prepare base maps suitable for reports and display presentation, including establishing a uniform legend and title block.
During the project kick-off meeting (Task A.1), the Consultants will work with Town staff to identify and obtain existing GIS resources from the Town and other identified agencies with GIS data covering the Planning Area. We will develop new GIS data and maps consistent with Town protocols and data formats to ensure easy integration into the Town's information system. At the end of the project, the Consultants will provide the Town the native files of all original data as well as project-specific GIS layers modified or created by the Consultants for the General Plan Update.
Mintier Harnish - Los Gatos General Plan Update
Exhibit A-1
Scope of Work I 1
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499 As described in Task H.3, the Consultants will also present selected geographic data online using ESRI ArcGIS Online and/or ESRI Story Map.
Task A.3 Existing Data Collection and Compilation
Knowledge of existing conditions within the Town of Los Gatos will give the Consultants, and the community, a more thorough understanding of how the Town can move forward and what has changed since the last General Plan was prepared. At the beginning of the Update process, and prior to initiation of public engagement, the Consultants will compile (including native format files whenever possible) the following:
Applicable plans, studies, and analysis documents that currently exist within the various departments in the Town of Los Gatos that pertain to the General Plan. Documents may include, but are not limited to:
■ General Plan
■ Specific Plans
■ Hazard mitigation plan
■ Parks, open space, trails and recreation plans
■ Municipal Code
■ Any other pertinent information, documents, plans, and other items identified by Town Staff ■ Applicable plans, studies, and analysis documents concerning Infrastructure and utilities ■ Geographic information system (GIS) data
■ Transportation plans
Pertinent information that is contained in these documents will be reviewed and used by the Consultants to develop the Existing Conditions Background Report (see Task B) that will be provided with the General Plan Update.
The Consultants will use and rely upon these existing resources to develop the General Plan and EIR information. The scope of work and budget are based on the availability and use of secondary data and the development of planning level qualitative assessments that are typical for a general plan update. This information will be supplemented with data collected by our team as described in Task B, Existing Conditions Background Report
GPAC Meeting #1 will be held during this task to facilitate data identification and collection (see Task H.S).
Engagement Activities During Task A:
■ Task H.1:
■ Task H.2:
■ Task H.3:
■ Task H.4:
■ Task H-5:
■ Task H-7:
■ Task H.8:
2 I Scope of Work
Community Engagement Strategy
Branding and Project Logo
Set Up Online Engagement
Newsletter #1, General Plan Update Overview
GPAC#l
Community Workshop #1, Project Initiation
Joint Study Session #1, Introduction to the General Plan Update Mintier Harnish - Los Gatos General Plan Update
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499 Products:
• Kick-off Meeting Summary (digital version)
• GIS Base Maps (digital version)
The term "digital version" is used in this scope of work as the provision of deliverables in both their native format for staff use (e.g., MS Word, MS Excel) and a PDF format that is both print ready and bookmarked for online use.
Task B Prepare Existing Conditions Background Report
During this task, the Consultants will compile information on existing conditions within the town and Planning Area organized by the topics to be covered in the General Plan Update. The Existing Conditions Background Report (Background Report) will focus on identifying and evaluating existing conditions and future trends that will influence the development of the General Plan Update, the EIR, and the future of the community.
Task B.l Administrative Draft Background Report
The Consultants will prepare an Administrative Draft Background Report and submit it to Town staff for review and comment. The Report will highlight current conditions and trends, and identify future opportunities and constraints, which will lay the groundwork for subsequent policy development. The report will address, at a minimum, the topics described in the request for proposals (RFP), although some reorganization and combinations are proposed.
• Land Use
• Population, Employment, and Housing
• Circulation and Transportation
• Biological Resources
• Cultural Resources
• Economics
• Infrastructure
• Public Services
• Noise
• Air Quality
• Safety and Hazards
• Geology
• Hydrology and Water Quality
During this task, the Consultants will compile information on existing conditions within the Planning Area organized by the topics identified above. This assessment will not only support the development of goals, policies, and programs, but will also serve as the setting information sections in the EIR.
Compiling existing conditions information will involve reviewing existing and draft documents (e.g., existing General Plan elements, zoning, other plans, special studies, El Rs) and contacting appropriate agencies and organizations serving the community. The Existing Conditions Report will include maps, charts, graphs, and photographs to illustrate conditions and trends in an easy-to-read format. Each topic area of the report will address the following:
Mintier Harnish - Los Gatos General Plan Update Scope of Work I 3
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499 ■ Introduction to the topic;
■ Key terms (as appropriate to topic);
■ Regulatory setting outlining key Federal, State, and local regulations and policies that are pertinent to the topic;
■ A summary of existing conditions and setting;
■ A brief description of key constraints and opportunities; and ■ References (i.e., document citations, websites, and personal communications).
Land Use. The Consultants will analyze the existing General Plan land uses and adopted plans that affect development in Los Gatos. The Consultant will map and analyze existing land uses based on available GIS and/or Assessor's data and identify opportunities and constraints for future development and reuse. The Consultants will also describe regional planning efforts affecting the town.
This section will also summarize the community character of Los Gatos neighborhoods and districts and the design characteristics of each. This will include describing architectural patterns, community gateways, and major geographic features that define the character of Los Gatos.
Population, Employment, Housing, and Fiscal Stability. The Consultants will examine the demographic, employment, and market demand data for different land uses, including retail, industrial, and office development. For the demographic information, the Consultants will use a combination of primary data from the U.S. Census of Population, the American Community Survey, the Local Employment Dynamics database, Association of Bay Area G�,vernments (ABAG), and the California Department of Finance. This data, supplemented by information provided by Town staff, will include measures and trends such as population, housing characteristics, income distribution, educational attainment, ethnicity, commute patterns, and tenure.
We will prepare an overview of economic characteristics and analyze the recent employment trends to verify the leading sectors in the Los Gatos economic base. This analysis will address the types of office and light industrial uses that may be attracted to Los Gatos. For the local demand component, the Consultants will analyze the retail market in Los Gatos, including household demand, business-to-business transactions, and visitor spending. Using sales data provided by the Town sales tax audit firm, we will prepare the retail leakage analysis and provide recommendations on potential commercial development opportunities. We will also prepare a projection of future market growth for Los Gatos based on anticipated household growth and trends in the regional market area. Based on this analysis, the Consultants will develop recommendations for strategic actions and policies to help support the town's retail sector and address potential market threats related to changing market conditions.
The Consultants will also look at the current job-housing balance and use the labor force data and commute patterns to assess housing needs. We will look at how the existing labor force patterns compare with the employment base. The distribution of occupational employment and labor force by occupation can serve as an indicator for the types of housing that the labor force and job base will demand. The Consultants will also identify the existing service levels for various institutions in Los Gatos, such as education and health care facilities, and compare them with other communities. This will help assess future needs, based on population and/or employment growth.
4 I Scope of Work Mintier Harnish - Los Gatos General Plan Update
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499 Based on the market analysis above and factoring in the potential supply of land for different uses (employment-generating and residential), we will produce a market projection that addresses future demand for different land uses, as well as forecasts that will identify a range of potential needs for different types of spaces.
The Consultants will also prepare an analysis of the Town budget and how land uses affect Town revenues and costs. This will provide a foundation for later fiscal analysis of land use alternatives or changes in development capacity through the General Plan process.
Circulation and Transportation (Mobility). The Consultants will compile data and information on the existing transportation system, including roadways, transit services, and bicycle and pedestrian facilities. The Consultants will prepare a detailed description accompanied with maps and graphics illustrating the roadway system, bicycle and pedestrian facilities, peak hour traffic counts, pedestrian/bicycle counts, and transit routes/stops. We will use available Census and travel survey data to describe the travel behavior of Los Gatos residents and employees. Federal, State, regional, and local regulations pertaining to multimodal circulation in Los Gatos.
The Consultants will review collision data available through the California Highway Patrol's SWITRS reports to identify specific "hot spots" that have experienced high rates of automobile, pedestrian, and/or bicyclist collisions.
The Consultants will determine existing intersection levels of service using the collected traffic volume data, intersection geometric configurations, and signal phasing (to be provided by the Town). The Consultants will conduct weekday AM and PM peak period traffic counts (vehicles, bikes, and pedestrians) for 10 key study intersections and 24-hour counts on 20 roadway segments (for informational purposes). We will develop the exact list of locations in cooperation with Town staff. To represent typical conditions, we will collect all data during a typical non-holiday weekday and while local schools are in session.
Using transit ridership data from VTA and input from Town staff, we will map key transit trip origins and destinations and used to assess connectivity of transit service. Transit operations will include the peak load factors for bus routes serving Los Gatos.
We will map key pedestrian and bicycle origins and destinations to assess the pedestrian and bicycle network completeness. We will identify gaps in the pedestrian and bicycle networks.
Biological Resources. The Consultant will summarize sensitive habitats, principal vegetation cover types, and special-status and endangered species. This will include primary source material from the Santa Clara Valley Habitat Plan, supplemented with limited windshield surveys and review of existing biology studies completed for the town.
Cultural Resources. The Consultant will summarize historic structures and locations and conduct archeological sensitivity analyses for both prehistoric and historic sites using records maintained at the regional information center and in published research papers. The Consultant will ensure that appropriate individuals are contacted with the surrounding Native American Tribes to ensure sensitive cultural resources are documented appropriately. This section will include areas for the protection of cultural resources consistent with recent State mandates (SB 18).
Economics. See Economics, Population, Employment, and Housing description, above.
Mintier Harnish - Los Gatos General Plan Update Scope of Work I 5
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499 Public Facilities, Services, and Infrastructure. The Consultant will summarize infrastructure, resources, services, and facilities related to: water supply and delivery, wastewater collection and disposal, stormwater drainage, solid waste and recycling, energy and telecommunications, law enforcement, fire protection, health care, schools and education, and government services. For each of the topical areas described, the Consultant will identify planned facility improvements and estimate future demands based on projected development compared to available capacity and planned improvements, identifying potential facility and/or service shortfalls. The Consultant will also assess if the General Plan must include information related to recent State mandates that require cities to identify service needs for unincorporated disadvantaged communities (SB 244).
Noise. The Consultant will review existing noise data, including recent El Rs and studies, and summarize the existing noise environment in Los Gatos resulting from major roadways and highways, and stationary noise sources and activities. The Consultant will also document existing noise-sensitive areas and sites. The Consultant will also summarize current information on ground vibration. The Consultant will also update existing noise contours based on the data collected during the noise monitoring survey and traffic data developed/ collected.
Air Quality. The Consultant will summarize existing air quality conditions within Los Gatos and the nearby vicinity. This will specifically include the location of existing sensitive receptors and emission sources, existing mass emissions, ambient air quality concentration data from the most applicable monitoring station(s), attainment designations, and natural factors that relate to the transport and dispersion of air pollutants. This summary will include applicable Federal, State, and local regulations, as well as thresholds of significance recommended by Bay Area Air Quality Management District (BAAQMD) and rules for which compliance will be required.
Safety and Hazards (including Geology). The Consultant will summarize existing natural and manmade hazards. As part of this evaluation, the Consultant will summarize the geological environment and associated hazards. This section will address Seismic Hazard Zones (i.e., Seismic Hazards Mapping Act of 1990 and the Alquist-Priolo Earthquake Fault Zoning Act of 1972) and soil strength properties. The Consultant will describe major creeks, streams, and drainages, and will summarize the latest FEMA floodplain mapping to illustrate potential safety and development constraints. The Consultant will summarize urban and wildland fire risks, fire hazard risk areas, and fire protection resources. The Consultant will also summarize major users and producers of hazardous materials within or adjacent to the Town.
Hydrology and Water Quality. The Consultant will summarize sources of groundwater and surface water, water consumption rates, measures used to conserve water, and renewable water facilities and resources.
This section will document potential pollution sources, areas susceptible to water quality degradation, and source issues and capacity constraints.
Greenhouse Gas Emissions and Climate Change Adaptation. The Consultants will prepare a climate change background report and existing GHG inventory that includes a discussion of climate change and how the General Plan Update should address this issue, including both the reduction of GHG emissions and climate change vulnerability and adaptation. The report will briefly summarize relevant background information regarding these topics and lay out a framework for the General Plan Update to address climate change, including how the General Plan can implement the existing Sustainability Plan (2012) to serve as a "plan for the reduction of GHG emission" to achieve streamlining benefits per Section 15183.5 of the State CEQA Guidelines.
6 I Scope of Work Mintier Harnish - Los Gatos General Plan Update
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499 • GHG Emissions. The Consultants will summarize relevant legislation and guidance regarding preparation of a GHG reduction strategy or climate action plan, including the five-step process of preparing an inventory (updates since the 2012 inventory was conducted) and forecasts (including through 2030 and the General Plan horizon year), setting new GHG targets, and developing updated and/or new GHG reduction measures.
The Consultants will also prepare an inventory of recent annual GHG emissions for communitywide activities within Los Gatos, building off of the data contained in the 2012 Sustainability Plan, using information provided by the Town, energy utilities, the traffic consultant, and other sources such as Plan Bay Area or other regional planning documents. The Consultants will prepare the inventory in accordance with established GHG inventory protocols that are appropriate for local municipalities (e.g., Local Government Operations Protocol [LGOP] and ICLEI Communitywide Protocol). The inventory will be focused primarily on emissions that are within the Town's jurisdictional control or influence. The inventory will not attempt to quantify emissions that are outside the scope of the effort, such as lifecycle/carbon footprint analysis or changes in carbon sequestration or storage in natural or working lands. The inventory will serve as the reference point from which emissions forecasts and reduction targets can be prepared during later phases of the project.
• Climate Change Adaptation. The Consultants will prepare a communitywide, planning-level climate change vulnerability assessment, using tools and methods established by the Governor's Office of Planning and Research (OPR), the California Natural Resources Agency (CNRA), and the California Energy Commission (CEC), including the Cal-Adapt web-based tool, the Adaptation Planning Guide, the 2017 General Plan Guidelines, and other resources. The assessment will examine the adverse effects of climate change relevant to Los Gatos, building on townwide work already completed as part of the Sustainability Plan and existing policies/programs contained in the existing Environment and Sustainability Element. Key issues that will be addressed include extreme heat, changes in precipitation and drought, increased risk of flooding and wildfire, and other impacts. The assessment will help inform SB 379 adaptation measures to be included in the General Plan Policy Document.
Healthy Communities. The Healthy Communities chapter will examine public health challenges facing Los Gatos and identify opportunities for improving health and well-being of residents though a variety of land use, transportation, and other built environment strategies. Our analyses will shed light on key public health issues impacted by the built environment including: obesity, chronic diseases, lack of physical activity and unhealthy eating, injuries, asthma, and health disparities. The Consultant will look at the impact of these issues on special populations such as children, youth, and seniors. The Consultant will also identify a set of healthy community indicators that will be used to describe community factors in Los Gatos that support or act as barriers to active and healthy lifestyles. The Consultant will use GIS maps and graphics to present these findings and illustrate the local "place-health" connections.
Environmental Justice. Community health, environmental justice, and social equity are emerging as important issues that communities are addressing in general plans. SB 1000 requires jurisdictions that have disadvantaged communities to adopt an environmental justice (EJ) element or incorporate EJ policies into their general plans. Based on a review of CalEnviroscreen 3.0, which is considered the default tool used to identify disadvantaged communities, there are not currently any areas identified that would require special treatment as part of the General Plan Update, but this fact will be documented as part of the Background Report.
Mintier Harnish - Los Gatos General Plan Update Scope of Work I 7
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499 Task B.2 Public Draft Background Report
Following review by Town staff, the Consultants will revise the Background Report and provide a Public Draft document for review with the GPAC, the Planning Commission, Town Council, and community (see Tasks H.9and H.11).
Task B.3 General Plan Audit Report
An initial step in the update of the General Plan will be an assessment {audit) of the current General Plan.
This assessment will look at the current plan and revisions and additions needed to address changes in State law, the new 2017 OPR General Plan Guidelines, and contemporary planning practice and content.
In addition to meeting current requirements and planning practice, we will also work with Town staff to evaluate the existing General Plan to determine what works, what does not work, and where the plan is not providing adequate or current guidance. This will be done using our proprietary General Plan Evaluation Tool.
This Tool provides insights on the existing General Plan clarity; linkages to other plans; progress in achieving desired outcomes; and whether goals, policies, and actions should be carried forward, modified, or removed.
The results of this review will be documented in a General Plan Audit Report.
Engagement Activities During Task B:
■ Task H.3: Online Existing Conditions Story Map (digital version) ■ Task H.9: GPAC Meeting #2, Review Existing Conditions Report ■ Task H.10: Newsletter #2, Existing Conditions and Trends ■ Task H.11: Joint Study Session #2, Review Existing Conditions Report Products:
■ Administrative Draft Background Report (8 hard copies and digital version) ■ Public Draft Background Report (30 hard copies, CD, and digital version) ■ General Plan Audit Report {digital version)
Task C Identify Issues, Opportunities, and Constraints
The objective of this task will be to work with the community on the identification of the issues, opportunities, and constraints that should be addressed as part of the General Plan Update. The items to be addressed will be identified by:
■ Items identified by the Town Council for the Update (RFP page 3) ■ Findings from the Background Report and technical input from the Consultants ■ Input from the community (Community Workshop #2)
■ Input from stakeholder interviews
• Updated input from the Town Council and Planning Commission 8 I Scope of Work Mintier Harnish - Los Gatos General Plan Update
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499 Task C. l Administrative Draft Issues, Opportunities, and Constraints Summary
The Consultants will summarize the key issues, opportunities, and constraints identified based on the findings in the Draft Background Report, input from community workshops, stakeholder interviews, and Joint Town Council/Planning Commission study sessions.
Task C.2 Public Draft Issues, Opportunities, and Constraints Summary Following review by Town staff, the Consultants will revise the Administrative Draft and prepare a Public Draft Issues, Opportunities, and Constraints Summary for review with the GPAC, the Planning Commission, Town Council, and community (Tasks H.12, H.13, and H.14).
Task C.3 Final Issues, Opportunities, and Constraints Summary Following review by the Town Council and Planning Commission, the Consultants will revise the document and prepare a final Issues, Opportunities, and Constraints Summary.
Engagement Activities During Task C:
■ Task H.12: Community Workshop #2, Issues, Opportunities, and Constraints Identification • Task H.13: GPAC Meeting #3, Review Issues, Opportunities, and Constraints Report ■ Task H.14: Joint Study Session #3, Review Issues, Opportunities, and Constraints Report Products:
• Administrative Draft Issues, Opportunities, and Constraints Report (digital version) • Public Draft Issues, Opportunities, and Constraints Report (30 hard copies, digital version) • Final Issues, Opportunities, and Constraints Report (digital version) Task D Development of a General Plan Vision
A General Plan vision statement and guiding principles are intended to reflect what community members value most about their community and the shared aspirations of what they envision their community being in the future. The vision statement should be inspirational and set the key values and aspirations for the General Plan's guiding principles, goals, policies, and implementation measures. The guiding principles should provide more specific guidance that provides the fundamental rules or doctrine that the Town will use to guide General Plan goals, policies, and implementation measures.
During this task, the Los Gatos Vision Statement and Guiding Principles will be developed to guide the preparation of the General Plan Update.
Task D. l Administrative Draft Vision and Guiding Principles The Consultants will prepare the Administrative Draft Vision Statement that represents the ideal future for the community and a set of Guiding Principles that support the Vision and represent the Town's core values.
We will base the Vision and Guiding Principles on public input gathered at the stakeholder interviews, community workshops, GPAC meetings, and Town Council/Planning Commission study sessions, as well as input from Town staff.
Mintier Harnish - Los Gatos General Plan Update Scope of Work I 9
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499 Task D.2 Public Draft Vision and Guiding Principles
Following review by Town staff, the Consultants will revise the Administrative Draft and prepare a Public Draft Vision and Guiding Principles for review with the GPAC, the Planning Commission, Town Council, and community (Tasks H.15, H.16, and H.17).
Task D.3 Final Vision and Guiding Principles
Following review by the Town Council and Planning Commission, the Consultants will revise the document and prepare the final Vision and Guiding Principles that the Town will use to guide development of the General Plan Update.
Engagement Activities During Task D:
■ Task H.15: Community Workshop #3, Vision and Guiding Principles ■ Task H.16: GPAC Meeting #4, Review Draft Vision and Guiding Principles ■ Task H.17: Joint Study Session #4, Vision and Guiding Principles Products:
■ Administrative Draft Vision and Guiding Principles (digital version) ■ Public Draft Vision and Guiding Principles (30 hard copies, digital version) ■ Final Vision and Guiding Principles (digital version) Task E Development of Alternatives
During this task, the Consultants will work with Town staff and the community to prepare, evaluate, and ultimately define a preferred policy and land use alternative that will be the basis of the General Plan Update.
This task involves developing alternative scenarios for special planning areas and other key locations in the community and evaluating the implications of each alternative. We will also evaluate each alternative based on responsiveness to the key issues, opportunities, and constraints (from Task C) and the Vision and Guiding Principles developed in Task D.
Task E.l Administrative Draft Alternatives Report
Based on inputs received from the community as well as ideas from the Consultant team, the Consultants will prepare an Administrative Draft Alternatives Report for review by Town staff and the GPAC. This Report will contain a mix of land use and circulation alternatives as well as key policy alternatives. Based on the RFP, the land use and circulation alternatives may potentially address: land use mix, development options for key sites, approaches to commercial corridors, circulation options, and interactions between land use and transportation systems.
The Alternatives Report will include maps and descriptions for land use, circulation, and policy alternatives that cover each of the areas and topics identified earlier. We will group location-specific alternatives into alternative packages that achieve the Vision and Guiding Principles. The assessment conducted will include an evaluation of alternatives in terms of implications for land use and community character, economic development, fiscal health, mobility and connectivity, public facilities and services, and the natural environment. For each policy alternative, the Consultants will identify the issues for which there is clear policy choice and direction, as well as issues where choice and direction is not as clear. We will complete a 10 I Scope of Work Mintier Harnish- Los Gatos General Plan Update
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499 qualitative comparative assessment of the policy implications of each alternative based on clarity and congruence with key issues.
The Consultants will prepare an Alternatives Report that clearly communicates the potential implications of each alternative, supporting a more informed choice. We will base the assessment of each alternative choice primarily on a qualitative look at factors that can be used to differentiate the alternatives and their potential impacts on the community relative to achieving the Vision and Guiding Principles. There are two areas where we will provide more quantifiable information: fiscal impacts and the transportation system.
The work done at this stage is designed to help the community evaluate the alternatives presented and is not intended to be a full CEQA alternatives analysis (which will be performed as part of a later task).
Subtask E.1a Fiscal Impact Analysis
The Consultants will prepare an analysis of the fiscal and economic impact of proposed land use changes being considered as part of the General Plan Update. This may be in the form of an alternatives analysis or an analysis of the preferred land use plan, as needed in the overall process. The fiscal analysis will project Town tax revenues and other revenues normally affected by growth in population, jobs, and development. The Consultants will estimate the increases in service capacity needed to support the proposed growth levels or from changes in the land use mix. The fiscal model allows us to evaluate land uses separately to assist in identifying an optimal land use mix from the standpoint of generating sufficient tax base to support Town services.
Subtask E.1b Transportation System Alternatives
The Consultants will develop trip generation and VMT estimates using our MainStreet tool for each of the land use alternatives. These trip generation and VMT estimates will be used in the selection of the preferred alternative. The Consultants will also provide qualitative assessments of each alternative using criteria developed in concert with Town staff to reflect Los Gatos community values. They may include items such as the availability of transportation services, the potential to increase traffic congestion, and the potential to reduce average VMT.
Task E.2 Public Draft Alternatives Report
Following review by Town staff, the Consultants will revise the Administrative Draft and prepare a Public Draft Alternatives Report for review with the GPAC, Planning Commission, Town Council, and community (Tasks H.19, H.20, H.21, and H.22).
Engagement Activities During Task E:
• Task H.18: Newsletter #3: Alternatives
• Task H.19: Community Workshop #4, Alternative Choices • Task H.20: GPAC Meeting #5, Review Draft Alternatives Report • Task H.21: Planning Commission Study Session #5, Alternatives Report • Task H.22: Town Council Study Session #5, Alternatives Report Products:
• Administrative Draft Alternatives Report (digital version) • Public Draft Alternatives Report (30 hard copies and digital version) Mintier Harnish - Los Gatos General Plan Update Scope of Work I 11
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499 Task F General Plan Goals and Policy Development
Based on the extensive work resulting from the Background Report, technical studies, visioning, and alternatives planning in previous tasks, the Consultants will prepare the draft General Plan. The Consultants will prepare a General Plan document that is attractive, contemporary, and user-friendly, using extensive photos, illustrations, and maps. We are also proposing to include the development of a web-based General Plan at the end of the project.
Task F.1 Administrative Draft General Plan
For the Update, the Consultants will address all the requirements of State law, such as complete streets, flood risk reduction, and environmental justice, using the 2017 OPR General Plan Guidelines as a guide. The Plan will reflect best practices for addressing contemporary planning issues, such as retail trends, transportation technology, and community health. It is expected that the cross-cutting topics of climate change, sustainability, resiliency, and healthy communities would be themes addressed throughout the Plan, rather than separate, standalone elements; however, we will discuss options with Town staff.
The General Plan will include an Introduction and Table of Contents, and at a minimum, will update the content of the elements that make up the current Los Gatos General Plan:
• Land Use Element;
• Community Design;
• Transportation Element (Circulation};
• Vasona Light Rail Element;
• Open Space, Parks, and Recreation Element (Open Space}; • Environment and Sustainability Element (Conservation); • Noise Element;
• Safety Element; and
• Human Services Element.
Prior to the start of this task, and considering the results of the General Plan Audit conducted earlier, the Consultants will work with Town staff to determine the outline (framework) for the General Plan Update. To support this, the Consultants will review with Town staff a selection of plan formats that could be used. This could include the combination of existing elements or the addition of new elements to meet current and projected needs.
As part of this task, the Consultants will develop policies and programs to reduce GHG emissions as part of an integrated GHG reduction strategy.
The current Housing Element will be integrated into the General Plan Update when the final documents are prepared at the end of the project. The Town's current Housing Element will not be updated as part of this project.
Implementation Strategy
The Consultants will prepare a comprehensive implementation strategy that includes discrete, tangible actions the Town will undertake to implement the goals and policies. The Consultants will also review current implementation ordinances/regulations (e.g., zoning, subdivision, historic preservation, public arts, and other 12 I Scope of Work Mintier Harnish - Los Gatos General Plan Update
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499 implementing ordinances) and include recommendations as a part of the implementation programs for ordinance revisions needed to maintain consistency with the General Plan.
As part of the Update, the Consultants will review and develop new objective standards that provide clear direction on application and intent.
Task F.2 Administrative Draft Land Use and Circulation Diagrams The Consultants will prepare an updated General Plan (Land Use) Diagram and Circulation Diagram as part of the Administrative Draft General Plan. We will update the Land Use Diagram with any changes made to the designations and locations they apply based on the preferred alternative. For the Circulation Diagram, we could use VMT to develop roadway standards instead of or in addition to LOS standards (as desired).
Task F.3 Preliminary Draft General Plan
Based on direction from Town staff, the Consultants will revise the Administrative Draft General Plan and prepare a Preliminary Draft General Plan for review and confirmation by the GPAC, Planning Commission, and Town Council. We recommend this review to confirm direction on changes to the General Plan before preparation of the EIR (see Task H.23 and H.24). This approach helps reduce the potential for major changes to the Plan during or after the environmental review process.
Task F.4 Public Draft General Plan
Based on direction from the Town Council, the Consultants will prepare the Public Draft General Plan for publication and environmental review.
Task F.5 General Plan Consultation and Referrals
State law requires consultation with a variety of Federal, State, regional, and local agencies whenever a jurisdiction updates or amends its general plan. These statutes are located throughout the Government Code and have varying requirements for when draft and final documents must be submitted and how long agencies have to review and provide comments. We maintain a checklist of agency consultation requirements that we will use to ensure the Town provides the Public Draft General Plan to the appropriate agencies.
Engagement Activities During Task F:
■ Task H.23: GPAC #6
■ Task H.24: Joint Study Sessions #5, #6, and #7
■ Task H.25: Newsletter #4, Draft General Plan
• Task H.26: Community Workshop #5, Draft General Plan
Products:
• Administrative Draft General Plan (digital version)
• Administrative Draft Land Use and Circulation Diagrams (digital version) • Preliminary Draft General Plan (30 hard copies, digital version) • Public Draft General Plan (30 hard copies, CD, digital version) Mintier Harnish - Los Gatos General Plan Update Scope of Work I 13
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499 Task G Environmental Impact Report
Based on review of the RFP and our experience preparing General Plan EIRs, we recommend the preparation of a Program EIR pursuant to State CEQA Guidelines Section 15168. Although the legally-required contents of a Program EIR are technically the same as those of a Project EIR, Program El Rs are by necessity more general and may contain a broader discussion of impacts, alternatives, and mitigation measures than a Project EIR.
Use of a Program EIR provides the Town with the opportunity to consider broad policy alternatives and program-wide mitigation measures and greater flexibility to address environmental issues and/or cumulative impacts on a comprehensive basis. Once a Program EIR has been certified, subsequent activities within the program may be evaluated to determine what, if any, additional CEQA documentation needs to be prepared. lf the Program EIR addresses the program's effects as specifically and comprehensively as possible, many subsequent activities could be found to be consistent with the Program EIR mitigation parameters and additional environmental documentation may not be required {CEQA Guidelines Section 15168(c)). In this case, the Program EIR serves a valuable purpose as the first-tier environmental analysis that will assist in streamlining and possibly exempting future projects from CEQA with the idea that the General Plan Program EIR can be used for such exemptions when projects are consistent with the General Plan Update.
Task G. l Staff Work Session on Program EIR Preparation The consultants will facilitate a work session with Town staff on preparing the Program EIR and completing the adoption process. The session, often referred to as a CEQA kickoff meeting, will cover the following topics:
Evaluating Environmental Impacts
• Strategies for CEQA compliance
• Coordination of environmental document with general plan preparation • Developing a reasonable range of alternatives
• Using new or revised policies as mitigation measures
■ GHG gap analysis
Completing the Process
■ Agency consultation
■ Public notice
■ Hearings
■ Adoption
■ Final documents
Task G.2 Notice of Preparation
The Consultants will work with Town staff to develop a project description and will prepare a draft Notice of Preparation (NOP) for Town staff to review. The NOP is intended to alert other public agencies about the undertaking, and to solicit their input on the scope of the study. The Consultants will submit a final PDF copy of the NOP to Town staff for posting on its website and for distribution to public agencies. It is assumed that the Town will distribute the NOP using the Town's NOP distribution list. The Consultants will review and make suggestions regarding the list. The Consultants will be responsible for filing the NOP with the State Clearinghouse/QPR.
14 I Scope of Work Mintier Harnish - Los Gatos General Plan Update
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499 Task G.3 Scoping Meeting
The Consultants will facilitate a public and agency scoping meeting associated with the release of the NOP.
The Scoping Meeting will be held during the 30-day NOP period to introduce the community to the EIR process and obtain input on the Program EIR scope of work. It will include a brief presentation, followed by public comment and input from meeting attendees. The Consultants will prepare a summary of all input gathered, which will be included in the Draft Program EIR along with any written public comments received during the NOP comment period.
Task G.4 Administrative Draft Program EIR
The Consultants will prepare an Administrative Draft Program EIR (ADPEIR) in compliance with CEQA requirements using information gathered as part of the General Plan update effort and comments on the NOP, as well as information from other relevant CEQA documents completed by the Town in recent years.
The Consultants will be responsible for development of a legally-adequate and appropriate Program EIR for the General Plan.
The Consultants will prepare the ADPEIR based on the project description approved by the Town Council. The description of the environmental and regulatory setting for the General Plan EIR will be based on the Background Reports prepared for the project (see Task B), and information from other relevant CEQA documents completed by the Town in recent years, as well as any information received during the General Plan Update process. Materials will be presented in a user-friendly format.
We will introduce each topical section in the environmental analysis with a brief statement of its context in the ADPEIR and the development of the General Plan. This effort may include interpretive information for the reader to better understand how the General Plan affects the environment, as well as the sources of data used in the analysis.
The setting for each topical section will describe existing conditions relevant to the topic and provide the groundwork for impact analysis. The number of impacts to be analyzed and the depth of analysis will be determined based on areas of concern identified by the Consultants and Town staff, as well as responses to the NOP. Thresholds used to determine the significance of project impacts will be clearly stated and will include thresholds in the CEQA Guidelines, Appendix G, as well as existing regulatory standards, if applicable.
Impacts will be identified, and mitigation measures will be prepared, to reduce significant impacts to a lessthan-significant level, when feasible. For each potentially significant impact identified in the ADPEIR, the Consultants will identify mitigation measures or policy statements proposed by the Town as part of the General Plan Update to avoid or reduce identified impacts. Mitigation measures will be constructed as policy statements or implementation measures to facilitate incorporation into the General Plan Update.
In order to prepare an ADPEIR that meets the needs of the Town and regulatory requirements of the State, the ADPEIR will comprise the following sections:
Executive Summary. This section will provide a summary of the entire ADPEIR and include the following:
• a discussion of the project objectives;
• a brief description of the proposed project;
• a summary of the environmental setting for the Planning Area; • a summary of impacts;
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DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499 ■ a summary of mitigation measures (mitigating policies or programs); ■ a discussion of alternatives considered; and
■ areas of controversy, and issues remaining to be resolved.
Introduction. The ADPEIR will contain an introductory chapter that provides an overview of the project and context, summarizes CEQA requirements and the environmental review process, describes the legal purpose of the ADPEIR, outlines the environmental issues being addressed, and presents the organization of the report.
Project Description and Environmental Setting. This section will contain the Town's objectives for the General Plan and a summary of the General Plan components. It will also outline the Planning Area boundaries and summarize existing conditions and new land uses proposed as a part of the project. We will describe the information in a mix of text, tabular, and graphic form (i.e., maps and diagrams).
Analysis, Impacts, and Mitigation Measures. The environmental analysis section will include four main components:
■ Setting - description of current conditions with respect to the issue in question, including the existing regulatory environment
■ Impact analysis - statement of significance thresholds and discussion of potentially significant effects of the proposed project
■ Programmatic mitigation measures -methods by which significant effects can be reduced or eliminated, often presented as General Plan policies to be introduced back into the plan ■ Level of significance after mitigation - discussion of whether proposed mitigation measures reduce impacts to below the adopted significance threshold We will consider adverse impacts that meet or exceed significance thresholds significant. Additionally, all impacts will be characterized in terms of short- or long-term effects and presented in a logical discussion that the public can understand. We will discuss any inconsistencies with local or regional plans.
We will discuss approaches to the impact analysis for the Program EIR with Town staff and will be consistent with the assumptions and methodologies used in recent Town-certified EIRs to the extent possible. In general, the impact analysis will focus on the issues present in the Planning Area and likely to be affected or impacted by the General Plan Update. Some issues, such as agriculture and mineral resources may not require a detailed analysis relative to other issues because they do not occur in Los Gatos or would be unaffected by the project.
Issues to be analyzed in a programmatic framework will include:
■ Aesthetics
■ Agriculture
■ Air Quality
■ Biological Resources
■ Cultural Resources
■ Geology and Soils
■ Greenhouse Gas Emissions
■ Hazards and Hazardous Materials
16 I Scope of Work Mintier Harnish - Los Gatos General Plan Update
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499 • Hydrology and Water Quality
• Land Use and Planning
• Mineral Resources
• Noise
• Population and Housing
• Public Services
• Recreation
• Transportation and Traffic
• Tribal Resources
• Utilities and Service Systems
• All the mandatory CEQA sections including energy and growth inducement Greenhouse Gas Emissions Analysis
The Consultants will conduct necessary analysis to address CEQA Guidelines Section 15064.4. The Consultants will prepare the GHG section of the ADPEIR addressing the contribution of GHG emissions generated by buildout of the General Plan and their contribution to cumulative impacts related to climate change.
Potential impacts and mitigation measures will be coordinated with the recommended targets and GHG emission reduction potential of the updated General Plan's policies and program.
Prepare GHG Forecasts and Reduction Targets
Based on the GHG emission inventory (conducted in Task 2.2), the Consultants will prepare GHG emissions forecasts (e.g., "business-as-usual") for communitywide sources for two future-year scenarios: 1) without applicable legislative actions; and 2} with reductions associated with implementation of adopted Federal and State legislation (e.g., renewable energy portfolio standards, California Green Building Code standards, vehicle emissions controls, fuel efficiency standards). The Consultants will forecast GHG emissions for 2020 (consistent with AB 32), 2030 (consistent with SB 32), and 2050 (consistent with Executive Order B- S-3-05), along with the GPU buildout year (i.e., 2040}.
The Consultants will also calculate GHG reduction targets required to meet the Town's local fair share of the State's 2020 and 2030 GHG reduction goals in AB 32 and SB 32, per guidance from CARB in the 2017 Scoping Plan Update and the 2017 General Plan Guidelines.
Quantify GHG Reduction Measures and Perform Gap Analysis The Consultants will quantify the GHG reduction potential of proposed General Plan policies and programs and conduct a "GHG reduction gap analysis" to determine whether the proposed policies and programs in the Draft General Plan can achieve the Town's GHG reduction targets and goals.
As part of the GHG quantification process, the Consultants will evaluate and prioritize policies and actions using the following or similar criteria:
• Quantified VMT or trip reduction potential;
• Quantified energy conservation or fuel savings potential; • Quantified renewable energy generation potential;
• Quantified water efficiency and conservation potential; Mintier Harnish - Los Gatos General Plan Update Scope of Work I 17
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499 ■ Quantified solid waste reduction and recycling potential; • Administrative/political responsibility and feasibility, implementation costs, possible funding sources, and public and private sector implementation partners.
We will add all information, assumptions, and target indicators used to quantify GHG emissions reductions required to meet the targets into the ADPEIR as a technical appendix, creating a single, master data-set for the GHG reduction analysis. If it is determined during preparation of the ADPEIR that the identified draft policies and program are not enough to achieve the Town's reduction targets and goals, the Consultants will increase participation rates of GHG reduction actions or identify new potential GHG reduction policies and actions to fill the gap. If needed, revised or new policies and implementation programs will be added to the General Plan and/ or recommended as mitigation measures.
Transportation Analysis
The operations of study intersections and freeway segments on SR 17 and SR 85 will be evaluated with LOS calculations during the AM and PM peak hours for the following traffic study scenarios:
• Existing Conditions
• Cumulative 2040 without Project
■ Cumulative 2040 with Updated General Plan Land Use and Circulation Element The Consultants will use transportation forecasts from the VTA's travel demand model to determine the growth in traffic, including regional traffic growth on SR 17 and SR 85 for a plan year (2040). We will add traffic estimates from Task 3 for the preferred land use to develop traffic forecasts for Scenario 3.
We will prepare a LOS table showing operating conditions of all study intersections for each of the study scenarios, along with "Project plus mitigated conditions" (if mitigations required and/or are feasible). We will use the Town of Los Gatos and VTA criteria to identify significant impacts to intersections and freeway segments.
Pedestrian, Bicycle, and Transit Analysis
The Circulation Element will include improvements to pedestrian, bicycle, and transit facilities and services. If bus rapid transit (BRT) is included in the Circulation Element, we will evaluate its impact at a planning level by comparing person carrying capacities and levels of service at a few selected intersections with and without its implementation.
VMT Travel Forecast Model Runs to Support Air Quality and Noise Analyses The Consultants will use the VTA's model to provide input for the air quality and noise analyses.
For Air Quality and Greenhouse Gas Emissions Analysis:
1. Average Daily Vehicle Trips associated with existing land uses (2018) in Los Gatos
2. VMT associated with existing land uses in the Los Gatos
3. Average Daily Vehicle Trips associated with 2040 without Project and with Project land uses in Los Gatos (at the planning horizon)
18 I Scope of Work Mintier Harnish - Los Gatos General Plan Update
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499
4. VMT associated with the 2040 without Project and with Project land uses in Los Gatos - GP Plan Year
5. VMT by 1-X, X-1, 1-1 (excluding X-X trips), if available For Noise Analysis:
1. Daily Segment Traffic Volumes for Existing for all segments analyzed
2. Daily Segment Traffic Volumes for 2040 without Project and 2040 GP Plan Year for all segments analyzed
3. Speed limits on the segments for existing and future time frames, if available Alternatives Analysis. We will consider a range of alternatives in the ADPEIR. State CEQA Guidelines require consideration of the "No Project" Alternative. For purposes of this Program EIR, the No Project Alternative would be a continuation of the existing General Plan without any updates or additions. In addition to the "No-Project" Alternative, the Consultants will consider other alternatives (such as alternative land use scenarios) that were developed during the General Plan Update. Evaluation of alternatives will be in less detail than that for the proposed project, though the analysis will provide decision-makers and the public adequate information to decide between alternatives. This section will also identify the "environmentally superior alternative." If the "No Project" Alternative is determined to be environmentally superior, the ADPEIR will identify the environmentally superior alternative among the remaining scenarios.
For transportation impacts, the Consultants will analyze up to two project alternatives in a qualitative manner, with a discussion of trip generation and general discussion of potential impact differences compared to the preferred land use plan.
Cumulative Impacts. We will evaluate cumulative impacts based on planning documents for the Planning Area. We will also estimate and discuss the contribution of the proposed project to the overall cumulative impacts.
Other CEQA Sections. The ADPEIR will provide, in addition to the sections discussed above, all other required CEQA sections, including areas of known controversy, growth inducement effects, energy, and significant unavoidable impacts.
Task G.5 Staff Review/Screen Check Draft Program EIR
The Consultants will incorporate Town staff input into the ADPEIR and provide Town staff with digital versions of the ADPEIR in both Word and PDF formats. Town staff will conduct one review of the ADPEIR and provide consolidated comments and edits. The Consultants will incorporate appropriate revisions and prepare a Screen Check Draft Program EIR. We will provide the Screen Check version in a digital format.
Task G.6 Draft Program El R
Once the Town staff approves the Screen Check Draft Program EIR, the Consultants will prepare the Draft EIR for public circulation. The Consultants will prepare and distribute the required copies of the Draft Program EIR to the State Clearinghouse, including all required accompanying forms, such as the Notice of Completion (NOC). The Consultants will also file the Notice of Availability (NOA) of the Draft Project EIR with the Santa Clara County Clerk's office. We assume that Town staff will distribute the NOA of the Draft Program EIR to responsible agencies, and interested agencies, organizations, and persons. We also assume that the Town will be responsible for required newspaper ads and other public noticing of the document's availability, such Mintier Harnish - Los Gatos General Plan Update Scope of Work I 19
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499 as radius label mailing or onsite posting. As required by State law, the Draft Program EIR will require at least a 45-day public review period.
Products:
■ Draft and Final Notice of Preparation (digital version and submittal of copies of the NOP with the State Clearinghouse)
■ Scoping Meeting Materials
■ Administrative Draft Program EIR (2 hard copies and 10 CD copies to the Town) ■ Screen Check Draft Program EIR (digital version)
■ Draft Program EIR (30 hard copies and 30 CD copies sent to the Town and 30 hard copies of the Executive Summary and 15 CD copies of the Draft Program EIR submitted to the State Clearinghouse, NOA submitted to the County Clerk)
Task H Engagement
Task A Engagement
The following activities will occur in conjunction with the work under Task A.
Task H.1 Community Engagement Strategy
Based on input from the kick-off meeting (Task A.1), the Consultants will work with Town staff to prepare a comprehensive Community Engagement Strategy that will document the outreach methods to be used throughout the project. The Strategy will describe outreach responsibilities, publicity protocols, and how the engagement will be structured to ensure comprehensive community engagement. The Strategy will be structured to be inclusive of all those who make up the "community," including residents; workers; visitors; businesses; property owners; educational institutions; civic, community, and non-profit organizations; religious, social, cultural and ethnic communities; and public agencies. In addition to being inclusive, our goal is to create meaningful opportunities for involvement throughout the development of the Update.
Task H.2 Branding and Project Logo
The Consultants will develop a branding package for the General Plan Update. The branding package will include a project logo and style templates that we will use for all work products, the website, and publicity materials to build enthusiasm about the project and ensure that this effort is distinct in the minds of the community. We will provide the Town with up to three options from which to choose.
Task H.3 Set Up Online Engagement
During this task, we will design and develop a project-specific website for the Los Gatos General Plan Update.
In our work on dozens of general plan projects, we have found that having a stand alone project website, with links to and from the Town's website, provides a responsive platform for community engagement while not adding additional work for Town staff.
The Consultants will build the website on a modern, user-friendly platform that allows quick and easy updates to the website. In addition to being an important public outreach and information tool, the website will serve as an administrative record of the project. It will include all meeting announcements/materials, draft and final documents, and meeting summaries. The website will also be used to link to on line 20 I Scope of Work Mintier Harnish - Los Gatos General Plan Update
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499 engagement opportunities, including Engagement HQ, developed during the project. This scope of work includes all needed maintenance and updates to the website for the duration of the project.
As part of the online outreach, we propose to use the Engagement HQ software tool and online mapping using ESRI ArcGIS Online and ESRI Story Map. For more information, see "Enhanced Community Engagement Tools" inset on page 41.
Task H.4 Newsletter # l, General Plan Update Overview
The Consultants will prepare a newsletter that describes what a general plan is, how and why it is being updated, the project schedule, and how the public can be involved in the update. The newsletter will be used to promote engagement opportunities.
Task H.5 Form the General Plan Advisory Committee (GPAC), GPAC Meeting #1
The Consultants will facilitate the first meeting of the GPAC. We will first present and get consensus on the overall GPAC meeting format, rules, and operating procedures. We will summarize the community engagement strategy and get GPAC input on strategy refinements. We will also ask the GPAC members to identify key issues they feel should be addressed during the General Plan Update.
Task H.6 Other GPAC Meetings
Six GPAC meetings, associated with specific deliverables are detailed in the Scope of Work. Budget to cover an additional 18 GPAC meetings is included and will be placed as needed.
Task H.7 Community Workshop # l, Project Initiation
At the beginning of the process, the Consultants will conduct the first community workshop. At the Town Hall, the Consultants will provide an overview of the key steps in the General Plan Update process, the opportunities the community will have for engagement, and changes in State law/regulations and other important issues that will affect the General Plan Update. During this Town Hall, the Consultants will also conduct an exercise to start the identification of issues and opportunities that should be addressed as part of the General Plan Update.
Task H.8 Joint Study Session # l, Introduction to the General Plan Update
At the beginning of the process, the Consultants will facilitate a Joint Study Session with the Town Council and Planning Commission. Given the significance of the General Plan Update, it will be important for the Council and Commission to meet the Consultants early in the program and to have a clear understanding of what to expect during the process. This meeting will provide a common understanding of the need for and purpose of the General Plan, the key steps in the preparation process, the strategy for community engagement, changes in State law and regulations since the last update, and other important issues affecting the General Plan preparation process. The workshop will also help establish stronger working relationships between the Consultants and Town leaders.
Engagement Products During this Task:
■ Community Engagement Strategy (digital version)
■ Project Logo and Design Theme Alternatives (up to 3 alternative approaches, digital version) ■ Project Website and Engagement HQ Site Setup
Mintier Harnish - Los Gatos General Plan Update Scope of Work I 21
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499 • GPAC #1 Meeting Materials and summary minutes (digital version) ■ Newsletter #1 (100 hard copies and digital version on website) ■ Stakeholder Interview Summary (digital version)
■ Joint Study Session #1 Meeting Materials and Summary Report (digital version) Task B Engagement
The following activities will occur in conjunction with the work under Task B.
Task H.9 GPAC Meeting #2, Review Background Report
The Consultants will facilitate Town staff and GPAC review of the GPAC Draft Background Report.
Task H.10 Newsletter #2, Existing Conditions and Trends The Consultants will prepare a newsletter summarizing key findings from the Background Report and initial outreach efforts. The newsletter will be used to characterize existing conditions and trends influencing the community and promote the online engagement opportunities.
Task H.11 Joint Study Session #2, Review Existing Conditions Report The Consultants will facilitate a joint study session with the Town Council and Planning Commission to present the major findings from the Public Review Draft Background Report. The Consultants will facilitate a discussion with the Council members and Commissioners about the implications of the findings on the future of the community.
Engagement Products During this Task:
• GPAC Meeting #2 Materials and Summary Report (digital version) • Newsletter #2 (100 hard copies and digital version on website) • Joint Study Session #2 Meeting Materials and Summary Report (digital version) Task C Engagement
The following activities will occur in conjunction with the work under Task C.
Task H.12 Community Workshop #2, Issues and Opportunities Identification
The second community workshop will be a three-part event. During the first part of the event, the Consultants will provide the community with an overview of the information developed for the Background Report. This component will highlight the existing conditions and trends that will influence the future of the community. The second part of the event will involve interactive exercises designed to gain input on the issues and opportunities that the public would like to see addressed in the General Plan Update.
From the issues and opportunities discussion, workshop participants will segue to the third part of the workshop, in which the Consultants will work with smaller groups to answer questions such as: What is unique about Los Gatos that is not found anywhere else? We will work with participants to define a list of places they like to take out-of-town visitors, places they consider "public-places" (i.e., places where people gather), and natural or manmade features that make the community unique. 22 I Scope of Work Mintier Harnish - Los Gatos General Plan Update
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499 Task H.13 GPAC Meeting #3, Review Issues and Opportunities Report The Consultants will facilitate Town staff and GPAC review of the Administrative Draft Issues and Opportunities Report.
Task H.14 Joint Study Session #3, Review Issues and Opportunities Report The Consultants will facilitate a joint study session with the Town Council and Planning Commission to present the major findings from the Issues and Opportunities Report. The Consultants will facilitate a discussion with the Council members and Commissioners about the implications of the findings for new or revised General Plan policies and programs and solicit input on key issues and opportunities the Update should consider, and other interests and expectations of the Council members and Commissioners.
Engagement Products During this Task:
• Community Workshop #2 Materials and Summary Report (60 printed, digital versions) • GPAC Meeting #3 Materials and Summary Report (digital version) • Newsletter #2 (100 hard copies and digital version on website) • Joint Study Session #3 Meeting Materials and Summary Report {digital version) Task D Engagement
The following activities will occur in conjunction with the work under Task D.
Task H.15 Community Workshop #3, Vision and Guiding Principles The third community workshop will include several interactive visioning exercises that encourage community participation and dialogue about the future of Los Gatos. There are several options for how to structure the community workshop (e.g., open house format or small group exercises) and which exercises to conduct. The Consultants will work with Town staff prior to the workshop to identify the format that will work best for the community.
Task H.16 GPAC Meeting #4, Review Draft Vision and Guiding Principles The Consultants will facilitate Town staff and GPAC review of the Draft Vision and Guiding Principles. At this meeting, the Consultants will also review the General Plan Audit Report and confirm content to be updated and new topics to be addressed.
Task H.17 Joint Study Session #4, Vision and Guiding Principles The Consultants will facilitate a joint study session with the Town Council and Planning Commission to present the draft Vision Statement and Guiding Principles. The purpose of the study session will be to gain consensus on these items and provide direction to the Consultants that will guide the development of the goals, policies, and implementation measures in the General Plan Update.
Engagement Products During this Task:
• Community Workshop #3 Materials and Summary Report (60 printed, digital versions) • GPAC Meeting #4 Materials and Summary Report (digital version) • Joint Study Session #4 Meeting Materials and Summary Report {digital version) Mintier Harnish - Los Gatos General Plan Update Scope of Work I 23
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499 Task E Engagement
The following activities will occur in conjunction with the work under Task E.
Task H.18 Newsletter #3: Alternatives
The Consultants will prepare a newsletter that summarizes the land use and policy alternatives. We will use the newsletter to educate community members on the alternatives process and generate public interest and attendance for the upcoming community workshop.
Task H.19 Community Workshop #4, Alternative Choices
The Consultants will facilitate the fourth community workshop, which will focus on identifying land use and topical (policy) choices based on previous community inputs. Policy alternatives could address items such as transportation options, healthy community updates, public facility choices, and so forth. The workshop will contain an educational component on the fiscal, transportation, environmental, and other considerations that need to be assessed with any alternatives.
The Consultants will take the input received at the community workshop to prepare preliminary land use concepts and relevant topical alternatives for further consideration.
Task H.20 GPAC Meeting #5, Review Draft Alternatives Report The Consultants will facilitate Town staff and GPAC review of the Draft Alternatives Report.
Task H.21 Planning Commission Meeting
The Consultants and Town staff will facilitate a meeting with the Planning Commission to review the Alternatives Report and solicit their feedback and recommendations on a preferred land use alternative and key policy choices presented. Recommendations from the Planning Commission will be presented to the Town Council for consideration and direction.
Task H.22 Town Council Meeting
The Consultants and Town staff will facilitate a meeting with the Town Council to review the Alternatives Report and recommendations from the Planning Commission. The purpose of this meeting will be to gain Council direction on the preferred alternatives package that will be used to create the Draft General Plan.
Engagement Products During this Task:
■ Newsletter #3 (100 hard copies and digital version on website) ■ Community Workshop #4 Materials and Summary Report (60 printed, digital versions) ■ GPAC Meeting #5 Materials and Summary Report (digital version) ■ Planning Commission #5 Meeting Materials and Summary Report (digital version) ■ Town Council #5 Meeting Materials and Summary Report (digital version) Task F Engagement
The following activities will occur in conjunction with the work under Task F.
Task H.23 GPAC #6: Draft General Plan
The Consultants will facilitate Town staff and GPAC review of the GPAC Draft General Plan 24 I Scope of Work Mintier Harnish - Los Gatos General Plan Update
DocuSign Envelope ID: 24B7 A 146-528A-48FB-9CC4-26006CE71499 Task H.24 Joint Study Sessions #5, #6, and #7
The Consultants will conduct up to three joint study sessions with the Town Council and Planning Commission to review and confirm the changes to the General Plan. The Planning Commission will recommend any final revisions or adjustments to the Town Council. The Town Council will then provide direction on any final revisions or adjustments to the General Plan prior to the preparation of the EIR. During one of these study sessions, a presentation on VMT will be included.
Task H.25 Newsletter #4, Public Draft General Plan
The Consultants will prepare a newsletter summarizing the Public Draft General Plan that provides highlights of the key features and changes in the new General Plan.
Task H.26 Community Workshop #5, Draft General Plan
Upon release of the Public Draft General Plan, the Consultants will facilitate an open house to present the Plan to the community. The open house could be set up in the format where residents can visit stations or "booths" focused on each element of the Plan. Town staff and Consultants will be stationed at each booth to discuss the elements, answer questions, and gather feedback. The Consultants will promote the public review process and hearings for the General Plan.
Engagement Products During this Task:
• Joint Study Session Meeting Materials and Summary Reports (digital version) • Newsletter #4 (100 hard copies, digital version)
• Community Workshop #5 Materials and Summary Report (60 printed, digital versions) • Community Workshop #5 Display Boards
Enhanced Community Engagement Tools
Task H.27 Online Engagement
While workshops and meetings are essential to an effective planning process, these traditional outreach methods of engagement are not enough to obtain the broad mix of inputs needed to make a plan responsive to the entire community. This is especially true for younger generations who are busy with work, family commitments, and other social engagements. Our approach to public outreach is to supplement community workshops with web-based crowd-sourcing and social media tools to attract and engage the broadest possible audience. As part of the Update program, we will offer a range of online engagement tools that allow participation in the process while at home, work, the coffee shop, or wherever inspiration strikes.
Project Website. The website will serve as the hub of project communication and information, including an overview of the project, announcements about upcoming meetings and information on past meetings and events, document library, and contact information.
Engagement HQ. In addition to the Project Website as an information portal, we also propose to use Engagement HQ software tools to develop an exciting platform for online public engagement. Engagement HQ allows us to engage with the community through surveys, opinion polls, discussion forums, photo sharing, mapping exercises, and more. It also offers analysis and reporting tools to understand who is participating and easily summarizes community inputs. During the General Plan Update, we will use this tool to poll the community on a range of topics.
Mintier Harnish - Los Gatos General Plan Update Scope of Work I 25
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499 If desired, the Consultants will also train Town staff to administer the site, so it can be maintained beyond the General Plan Update project as an ongoing forum for general civic engagement. We will use Engagement HQ software for active public engagement over a 12-month period during the development of the General Plan, with the site maintained during the public review portions of the project. For more information on Engagement HQ, visit: www.bangthetable.com/engagementhq Online Mapping. To help the community better understand the range of existing and future factors (natural and manmade) that will influence the future of Los Gatos, the Consultants will prepare an online mapping tool (ESRI Story Map). This online Story Map will provide maps of these factors (items such as wildland fire hazards, biological resources, environmental hazards, transportation connectivity) and a short description that will describe the implications of the factor shown on each map. This type of on line map atlas will help support the discussion of issues and opportunities and be a component of the alternatives development.
Social Media. As part of the Update process, we will provide content for social media posts that Town staff can publish on the Town of Los Gatos Facebook (https://www.facebook.com/losgatosca/), Twitter ( https ://twitter .com/town lg ?la ng=en), Nextdoor ( https://nextdoor .com/neighborhood/losgatosmain--losgatos--ca/), and other Town social media feeds at key points in the Update process.
Task H.28 Ongoing Communication
Email Blasts. As part of the Update process, the Consultants will work with the Town to develop projectspecific email notifications that the Town will distribute using the Town's existing e-notification system.
Additional e-mail addresses for interested individuals that are collected by the Consultants at meetings, events, or the Project website will be provided to the Town to add to their current notification lists.
Press Releases. Prior to every community workshop, we will prepare and distribute news releases to inform media outlets serving the community about upcoming meetings and ensure accurate coverage that sets realistic expectations for what the General Plan does and does not do.
Task H.29 Pop-up Booth for Festivals and Events
Booths at Festivals and Events. The Consultants will provide materials for Town staff to set up a "pop-up" booth at up to four sets of festivals and events in Los Gatos. The booth would feature boards and hand-outs that provide an overview of the General Plan Update, information on opportunities to get involved, and depending on which phase of the project we are in, exercises that are similar to the exercises from the most recent community workshop. It is assumed that Town staff will attend and run the booth with support from the Consultants.
Materials will be provided relative to the following four major components of the Update: 1) project overview, 2) issues and opportunities exercise, 3) alternatives exercise, and 4) draft General Plan.
Town Hall Displays. Like the booths at festivals and events, the Consultants will provide materials for Town staff to display at Town Hall. These displays will provide timely information on the Update process, provide posters on current project developments, and provide some opportunities for interactive displays designed to gain community input.
26 I Scope of Work Mintier Harnish - Los Gatos General Plan Update
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499 Task I Certification of the EIR and Adoption of the General Plan Update
Task I. l Response to Comments
Within three weeks of receipt of all comment letters on the Draft Program EIR, the Consultants will submit a draft Response to Comments to Town staff for review. The Response to Comments document will include a list of comm enters, comment letters, responses to comments, and any added or revised text of the Draft Program EIR that may be necessary. All responses will include reasoned analysis and, as necessary, will include additional analysis. The final version of the Response to Comments will be incorporated as an appendix to the Final Program EIR.
The scope and budget assume a level of effort that would include 100 hours of staff time for this task. This assumes receipt of approximately 15 to 25 comment letters. If the number of comment letters and the effort to prepare responses is greater than anticipated, the Consultants will notify Town staff immediately and discuss options to amend our scope of work and budget as necessary. Following receipt of Town staff comments, the Consultants will finalize the Response to Comments.
Task 1.2 Mitigation, Monitoring, and Reporting Program
Concurrent with the Response to Comments, the Consultants will prepare a Mitigation Monitoring and Reporting Plan (MMRP), which will be included in the Final Program EIR. The MMRP will be provided in a format designed for use by planners, environmental monitors, or code enforcement officers. Essentially, this plan will take the form of a detailed table that describes:
■ Persons/agencies responsible for monitoring compliance with each condition ■ Timing when monitoring must occur
■ Frequency of monitoring
■ Criteria to be used to determine compliance with conditions The final version of the MMRP will be incorporated as an appendix to the Final Program EIR.
Task 1.3 Final Program EIR
The Consultants will complete the Final Program EIR after the review period has closed and all comments submitted during that period have been received. The Final Program EIR will include corrections to the Draft Program EIR (if warranted), comments received, and responses. The Consultants will prepare a Screen Check Final Program EIR for Town staff review and confirmation followed by a Final Program EIR after incorporating comments from Town staff. The Consultants will produce print and digital copies of the Final Program EIR.
Within one day of Final Program EIR certification and project approval, the Consultants will submit the draft Notice of Determination (NOD) to Town staff for delivery to the County Clerk and/or State Clearinghouse.
Task 1.4 Planning Commission Hearing
The Consultants will attend a public hearing with the Planning Commission to review the Public Draft General Plan and Final Program EIR. The Planning Commission will consider the comments made during the public hearing and make recommendations to the Town Council.
Mintier Harnish - Los Gatos General Plan Update Scope of Work I 27
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499 Task 1.5 Town Council Hearings (2)
The Consultants will attend two public hearings with the Town Council to review the Public Draft 2040 General Plan and Final Program EIR. At these hearings, the Town Council will consider the Planning Commission recommendations and the comments made at the Planning Commission public hearing. After the hearings, the Town Council will direct the Consultants to incorporate their recommendations and prepare the Final General Plan and Final Program EIR.
Task 1.6 Final General Plan Documents
Following public review of the Draft Public General Plan, the Consultants will prepare the Final General Plan for adoption.
Task 1.7 Town Council Adoption Hearing
The Consultants will attend one hearing with the Town Council for certification of the Final Program EIR and adoption of the Final General Plan.
Task 1.8 Web-Based General Plan
The Consultants will design the Final General Plan as an interactive web-based General Plan. The web-based plan will not simply be a document that is published online, but will be a dynamic communication tool that provides transparency, accessibility, and efficiency in local government.
The web-based plan will be highly graphical and structured and designed to meet the specific needs of the Town. It will be fully searchable, allowing decision-makers and other users to quickly locate relevant information. The online format will allow cross-referenced links to related policies, programs, maps, or background information.
Products
■ Response to Comments (digital version)
■ Mitigation, Monitoring, and Reporting Program (digital version) ■ Final Program EIR (30 hard copies and 30 CD copies to the Town) ■ Tracking of comments and recommendations (all meetings, digital versions) ■ Final General Plan (100 hard copies, 100 CDs, digital version, 2 unbound originals for reproduction) ■ Color Land Use Element Exhibits (100 copies, sizes and scales to be determined) ■ Compilation CD with all milestone documents, data, and GIS files (3 CDs) ■ Web-based General Plan
28 I Scope of Work Mintier Harnish - Los Gatos General Plan Update
DocuSign Envelope ID: 24B7 A 146-528A-48FB-9CC4-26006CE71499 Town of Los Gatos General Plan Update I Project Schedule mintierb,e!'.!)lsb .
Task A.
Project Initiation
Task B:
Prepare Background
Report
Task C:
Identify Community
Issues, Opportunities,
and Constraints
Task D:
Development of
General Plan Vision
TaskE:
Development of
Alternatives
Task F:
General Plan Goals and I
Policy Development
Task G:
Environmental
Impact Report
Task H:
Community Outreach
and Engagement
Task I:
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DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499 MINTl-1 OP ID: CC
ACORD- CERTIFICATE OF LIABILITY INSURANCE I 04/21
8i2020 �
1 - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pollcles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s).
PRODUCER CONTACT
NAME: Point West Insurance Assoc. PHONE I FAX
1455 Response Road #240 ,._,,, No Exll: fA/C Nol:
Sacramento, CA 95815 E-MAIL
ADDRESS: M Stuart Nelson
INSURER($) AFF ORDING COVERAGE NAIC#
INSURER A: Hartford Casualty Company 29424
INSURED Mintier Hamish LP INSURER B: Hartford Fire Insurance Co 19682 dba:Mintier Harnish IHH: 20.218 INSURER C: 1415 20th Street Sacramento, CA 95814 INSURER D:
INSURER E:
INSURERF:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADIJL I�:',_:' POLICYEFF POUCYEXP LTR ,.,�D POUCY NUMBER LIMITS IMM/DOIYYYYl IMM/DDIYYYYl GENERAL UABILITY EACH OCCURRENCE $ 2,000,000
A X COMMERCIAL GENERAL LIABILITY y 57SBAEF2053 04/24/2020 04/24/2021 f-- PREMISEJ YE���1encel $ 1,000,000 D CLAIMS- f-- MADE [Kl OCCUR MED EXP (Any one person) $ 10,00(] A f--X Hired/NOwned Auto 57SBAEF2053 04/24/2020 04/24/2021 PERSONAL & ADV INJURY $ 2,000,000 f-- GENERAL AGGREGATE $ 4,000,00
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 4,000,000 ri7 POLICY n �f,fl,: n LOC H/NO Auto $ 2,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE UMIT - /Ea accidentl $ ANY AUTO - BODILY INJURY (Per person) $
ALL OWNED � SCHEDULED
AUTOS AUTOS - BODILY INJURY (Per accident)
NON-OWNED PROPERTY DAMAGE
HIRED AUTOS AUTOS /PER ACCIDENT\ - - $
$
UMBRELLA UAB H - OCCUR EACH OCCURRENCE $
EXCESSUAB CLAIMS-MADE AGGREGATE $
OED I I RETENTION$ $
WORKERS COMPENSATION x I T�gJTfg¥s I I
O
J�-
AND EMPLOYERS" LIABILITY Y/N
ANY PROPRIETOR/PARTNER/EXECUTIVE □ 57WECNU9666 04/24/2020 04/24/2021 E.L EACH ACCIDENT 1,000,000 OFFICER/MEMBER EXCLUDED? NIA
(Mandatory In NH) E.L. DISEASE. EA EMPLOYEE $ 1,000,000 If yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE • POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (Attach ACORD 101, Additional RemArl<s Schedule, If more space Is ,-quired) General Liability Additional Insured and Primary wording included in the SS0008 04/05 endorsement attached.
CERTIFICATE HOLDER CANCELLATION
SHOULO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Town of Los Gatos THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
110 East Main Street
Los Gatos, CA 95030 AUTHORIZED REPRESENTATIVE
I
1t4sLEZL_,
ACORD 25 (2010/05)
© 1988-2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD J QfWJe.tf@ ��ctr6SCG ,96 V
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499
MINTIER HARNISH LP
POLCY 57SBAEF2053
04/24/20 TO 04/24/21
QUICK REFERENCE
BUSINESS LIABILITY COVERAGE FORM
READ YOUR POLICY CAREFULLY
BUSINESS LIABILITY COVERAGE FORM Beginning on Page
A. COVERAGES 1
Business Liability 1
Medical Expenses 2
Coverage Extension - Supplementary Payments 2
B. EXCLUSIONS 3
C. WHO IS AN INSURED 10
D. LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE 14
E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15
1. Bankruptcy
2. Duties In The Event Of Occurrence, Offense, Claim Or Suit
3. Financial Responsibility Laws
4. Legal Action Against Us
5. Separation Of Insureds
6. Representations
7. Other Insurance
8. Transfer Of Rights Of Recovery Against Others To Us
F. OPTIONAL ADDITIONAL INSURED COVERAGES
Additional Insureds
G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS
Form SS 00 08 04 05
15 15
16 16
16 16
16 17
18 18
20
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499
BUSINESS LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered.
Throughout this policy the words "you" and "your'' refer to the Named Insured shown in the Declarations. The words "we", "us" and "our'' refer to the stock insurance company member of The Hartford providing this insurance.
The word "insured" means any person or organization qualifying as such under Section C. - Who Is An Insured.
Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And Medical Expenses Definitions.
A. COVERAGES
1. BUSINESS LIABILITY COVERAGE (BODILY
INJURY, PROPERTY DAMAGE, PERSONAL
AND ADVERTISING INJURY)
Insuring Agreement
a. We will pay those sums that the insured
becomes legally obligated to pay as
damages because of "bodily injury",
"property damage" or "personal and
advertising injury" to which this insurance
applies. We will have the right and duty to
defend the insured against any "suit"
seeking those damages. However, we will
have no duty to defend the insured against
any "suit" seeking damages for "bodily
injury", "property damage" or "personal and
advertising injury" to which this insurance
does not apply.
We may, at our discretion, investigate any
"occurrence" or offense and settle any claim
or "suit" that may result. But:
(1) The amount we will pay for damages is
limited as described in Section D. -
Liability And Medical Expenses Limits
Of Insurance; and
(2) Our right and duty to defend ends when
we have used up the applicable limit of
insurance in the payment of judgments,
settlements or medical expenses to which
this insurance applies.
No other obligation or liability to pay sums or
perform acts or services is covered unless
explicitly provided for under Coverage
Extension - Supplementary Payments.
b. This insurance applies:
(1) To "bodily injury" and "property
damage" only if:
Form SS 00 08 04 05
(a) The "bodily injury" or "property
damage" is caused by an
"occurrence" that takes place in the
"coverage territory";
(b) The "bodily injury" or "property
damage" occurs during the policy
period; and
(c) Prior to the policy period, no insured
listed under Paragraph 1. of Section
C. - Who Is An Insured and no
"employee" authorized by you to give
or receive notice of an "occurrence"
or claim, knew that the "bodily injury"
or "property damage" had occurred,
in whole or in part. If such a listed
insured or authorized "employee"
knew, prior to the policy period, that
the "bodily injury" or "property
damage" occurred, then any
continuation, change or resumption
of such "bodily injury" or "property
damage" during or after the policy
period will be deemed to have been
known prior to the policy period.
(2) To "personal and advertising injury"
caused by an offense arising out of your
business, but only if the offense was
committed in the "coverage territory"
during the policy period.
c. "Bodily injury" or "property damage" will be
deemed to have been known to have
occurred at the earliest time when any
insured listed under Paragraph 1. of Section
C. - Who Is An Insured or any "employee"
authorized by you to give or receive notice
of an "occurrence" or claim:
(1) Reports all, or any part, of the "bodily
injury" or "property damage" to us or
any other insurer;
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499
BUSINESS LIABILITY COVERAGE FORM
(2) Receives a written or verbal demand or
claim for damages because of the "bodily
injury" or "property damage"; or
(3) Becomes aware by any other means that
"bodily injury" or "property damage" has
occurred or has begun to occur.
d. Damages because of "bodily injury" include
damages claimed by any person or
organization for care, loss of services or
death resulting at any time from the "bodily
injury".
e. Incidental Medical Malpractice
(1) "Bodily injury" arising out of the
rendering of or failure to render
professional health care services as a
physician, dentist, nurse, emergency
medical technician or paramedic shall
be deemed to be caused by an
"occurrence", but only if:
(a) The physician, dentist, nurse,
emergency medical technician or
paramedic is employed by you to
provide such services; and
(b) You are not engaged in the
business or occupation of providing
such services.
(2) For the purpose of determining the
limits of insurance for incidental medical
malpractice, any act or omission
together with all related acts or
omissions in the furnishing of these
services to any one person will be
considered one "occurrence".
2. MEDICAL EXPENSES
Insuring Agreement
a. We will pay medical expenses as described
below for "bodily injury" caused by an
accident:
(1) On premises you own or rent;
(2) On ways next to premises you own or
rent; or
(3) Because of your operations;
provided that:
(1) The accident takes place in the
"coverage territory" and during the
policy period;
(2) The expenses are incurred and reported
to us within three years of the date of
the accident; and
(3) The injured person submits to
examination, at our expense, by
physicians of our choice as often as we
reasonably require.
b. We will make these payments regardless of
fault. These payments will not exceed the
applicable limit of insurance. We will pay
reasonable expenses for:
(1) First aid administered at the time of an
accident;
(2) Necessary medical, surgical, x-ray and
dental services, including prosthetic
devices; and
(3) Necessary ambulance, hospital,
professional nursing and funeral
services.
3. COVERAGE EXTENSION -
SUPPLEMENTARY PAYMENTS
a. We will pay, with respect to any claim or
"suit" we investigate or settle, or any "suit"
against an insured we defend:
(1) All expenses we incur.
(2) Up to $1,000 for the cost of bail bonds
required because of accidents or traffic
law violations arising out of the use of
any vehicle to which Business Liability
Coverage for "bodily injury" applies. We
do not have to furnish these bonds.
(3) The cost of appeal bonds or bonds to
release attachments, but only for bond
amounts within the applicable limit of
insurance. We do not have to furnish
these bonds.
(4) All reasonable expenses incurred by the
insured at our request to assist us in the
investigation or defense of the claim or
"suit", including actual loss of earnings
up to $500 a day because of time off
from work.
(5) All costs taxed against the insured in
the "suit".
(6) Prejudgment interest awarded against
the insured on that part of the judgment
we pay. If we make an offer to pay the
applicable limit of insurance, we will not
pay any prejudgment interest based on
that period of time after the offer.
(7) All interest on the full amount of any
judgment that accrues after entry of the
judgment and before we have paid,
offered to pay, or deposited in court the
part of the judgment that is within the
applicable limit of insurance.
Any amounts paid under (1) through (7)
above will not reduce the limits of insurance.
Form SS 00 08 04 05 Page 102
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499 b. If we defend an insured against a "suit"
and an indemnitee of the insured is also
named as a party to the "suit", we will
defend that indemnitee if all of the
following conditions are met:
(1) The "suit" against the indemnitee
seeks damages for which the insured
has assumed the liability of the
indemnitee in a contract or agreement
that is an "insured contract";
(2) This insurance applies to such liability
assumed by the insured;
(3) The obligation to defend, or the cost of
the defense of, that indemnitee, has
also been assumed by the insured in
the same "insured contract";
(4) The allegations in the "suit" and the
information we know about the
"occurrence" are such that no conflict
appears to exist between the interests
of the insured and the interest of the
indemnitee;
(5) The indemnitee and the insured ask
us to conduct and control the defense
of that indemnitee against such "suit"
and agree that we can assign the
same counsel to defend the insured
and the indemnitee; and
(6) The indemnitee:
(a) Agrees in writing to:
(i) Cooperate with us in the
investigation, settlement or
defense of the "suit";
(ii) Immediately send us copies of
any demands, notices,
summonses or legal papers
received in connection with
the "suit";
(iii) Notify any other insurer whose
coverage is available to the
indemnitee; and
(iv) Cooperate with us with
respect to coordinating other
applicable insurance available
to the indemnitee; and
(b) Provides us with written
authorization to:
(i) Obtain records and other
information related to the
"suit"; and
(ii) Conduct and control the
defense of the indemnitee in
such "suit".
Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
So long as the above conditions are met,
attorneys' fees incurred by us in the
defense of that indemnitee, necessary
litigation expenses incurred by us and
necessary litigation expenses incurred
by the indemnitee at our request will be
paid as Supplementary Payments.
Notwithstanding the provisions of
Paragraph 1.b.(b) of Section B. -
Exclusions, such payments will not be
deemed to be damages for "bodily
injury" and "property damage" and will
not reduce the Limits of Insurance.
Our obligation to defend an insured's
indemnitee and to pay for attorneys' fees
and necessary litigation expenses as
Supplementary Payments ends when:
(1) We have used up the applicable limit
of insurance in the payment of
judgments or settlements; or
(2) The conditions set forth above, or the
terms of the agreement described in
Paragraph (6) above, are no longer met.
B. EXCLUSIONS
1. Applicable To Business Liability Coverage
This insurance does not apply to:
a. Expected Or Intended Injury
(1) "Bodily injury" or "property damage"
expected or intended from the
standpoint of the insured. This
exclusion does not apply to "bodily
injury" or "property damage" resulting
from the use of reasonable force to
protect persons or property; or
(2) "Personal and advertising injury" arising
out of an offense committed by, at the
direction of or with the consent or
acquiescence of the insured with the
expectation of inflicting "personal and
advertising injury".
b. Contractual Liability
(1) "Bodily injury" or "property damage"; or
(2) "Personal and advertising injury"
for which the insured is obligated to pay
damages by reason of the assumption of
liability in a contract or agreement.
This exclusion does not apply to liability
for damages because of:
(a) "Bodily injury", "property damage" or
"personal and advertising injury" that
the insured would have in the
absence of the contract or
agreement; or
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499
BUSINESS LIABILITY COVERAGE FORM
(b) "Bodily injury" or "property damage"
assumed in a contract or agreement
that is an "insured contract",
provided the "bodily injury" or
"property damage" occurs
subsequent to the execution of the
contract or agreement. Solely for
the purpose of liability assumed in
an "insured contract", reasonable
attorneys' fees and necessary
litigation expenses incurred by or for
a party other than an insured are
deemed to be damages because of
"bodily injury" or "property damage"
provided:
(i) Liability to such party for, or for
the cost of, that party's defense
has also been assumed in the
same "insured contract", and
(ii) Such attorneys' fees and
litigation expenses are for
defense of that party against a
civil or alternative dispute
resolution proceeding in which
damages to which this
insurance applies are alleged.
c. Liquor Liability
"Bodily injury" or "property damage" for
which any insured may be held liable by
reason of:
(1) Causing or contributing to the
intoxication of any person;
(2) The furnishing of alcoholic beverages to
a person under the legal drinking age or
under the influence of alcohol; or
(3) Any statute, ordinance or regulation
relating to the sale, gift, distribution or
use of alcoholic beverages.
This exclusion applies only if you are in the
business of manufacturing, distributing,
selling, serving or furnishing alcoholic
beverages.
d. Workers' Compensation And Similar
Laws
Any obligation of the insured under a
workers' compensation, disability benefits
or unemployment compensation law or
any similar law.
e. Employer's Liability
"Bodily injury" to:
(1) An "employee" of the insured arising
out of and in the course of:
(a) Employment by the insured; or
(b} Performing duties related to the
conduct of the insured's business, or
(2) The spouse, child, parent, brother or
sister of that "employee" as a
consequence of (1) above.
This exclusion applies:
(1) Whether the insured may be liable as
an employer or in any other capacity;
and
(2) To any obligation to share damages
with or repay someone else who must
pay damages because of the injury.
This exclusion does not apply to liability
assumed by the insured under an "insured
contract".
f. Pollution
(1) "Bodily injury", "property damage" or
"personal and advertising injury"
arising out of the actual, alleged or
threatened discharge, dispersal,
seepage, migration, release or escape
of "pollutants":
(a) At or from any premises, site or
location which is or was at any
time owned or occupied by, or
rented or loaned to any insured.
However, this subparagraph does
not apply to:
(i) "Bodily injury" if sustained within
a building and caused by
smoke, fumes, vapor or soot
produced by or originating from
equipment that is used to heat,
cool or dehumidify the building,
or equipment that is used to
heat water for personal use, by
the building's occupants or their
guests;
(ii) "Bodily injury" or "property
damage" for which you may be
held liable, if you are a
contractor and the owner or
lessee of such premises, site or
location has been added to your
policy as an additional insured
with respect to your ongoing
operations performed for that
additional insured at that
premises, site or location and
such premises, site or location
is not and never was owned or
occupied by, or rented or
loaned to, any insured, other
than that additional insured; or
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499 (iii) "Bodily injury" or "property
damage" arising out of heat,
smoke or fumes from a
"hostile fire";
(b) At or from any premises, site or
location which is or was at any
time used by or for any insured or
others for the handling, storage,
disposal, processing or treatment
of waste;
(c) Which are or were at any time
transported, handled, stored,
treated, disposed of, or processed
as waste by or for:
(i) Any insured; or
(ii) Any person or organization for
whom you may be legally
responsible;
(d) At or from any premises, site or
location on which any insured or
any contractors or subcontractors
working directly or indirectly on
any insured's behalf are
performing operations if the
"pollutants" are brought on or to
the premises, site or location in
connection with such operations
by such insured, contractor or
subcontractor. However, this
subparagraph does not apply to:
(i) "Bodily injury" or "property
damage" arising out of the
escape of fuels, lubricants or
other operating fluids which are
needed to perform the normal
Form SS 00 08 04 05
electrical, hydraulic or
mechanical functions
necessary for the operation of
"mobile equipment" or its parts,
if such fuels, lubricants or other
operating fluids escape from a
vehicle part designed to hold,
store or receive them. This
exception does not apply if the
"bodily injury" or "property
damage" arises out of the
intentional discharge, dispersal
or release of the fuels,
lubricants or other operating
fluids, or if such fuels,
lubricants or other operating
fluids are brought on or to the
premises, site or location with
the intent that they be
discharged, dispersed or
BUSINESS LIABILITY COVERAGE FORM
released as part of the
operations being performed
by such insured, contractor or
subcontractor;
(ii) "Bodily injury" or "property
damage" sustained within a
building and caused by the
release of gases, fumes or
vapors from materials brought
into that building in connection
with operations being performed
by you or on your behalf by a
contractor or subcontractor; or
(iii) "Bodily injury" or "property
damage" arising out of heat,
smoke or fumes from a
"hostile fire"; or
(e) At or from any premises, site or
location on which any insured or any
contractors or subcontractors
working directly or indirectly on any
insured's behalf are performing
operations if the operations are to
test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize,
or in any way respond to, or assess
the effects of, "pollutants".
(2) Any loss, cost or expense arising out
of any:
(a) Request, demand, order or statutory
or regulatory requirement that any
insured or others test for, monitor,
clean up, remove, contain, treat,
detoxify or neutralize, or in any way
respond to, or assess the effects of,
"pollutants"; or
(b) Claim or suit by or on behalf of a
governmental authority for
damages because of testing for,
monitoring, cleaning up, removing,
containing, treating, detoxifying or
neutralizing, or in any way
responding to, or assessing the
effects of, "pollutants".
However, this paragraph does not
apply to liability for damages because
of "property damage" that the insured
would have in the absence of such
request, demand, order or statutory or
regulatory requirement, or such claim
or "suit" by or on behalf of a
governmental authority.
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499
BUSINESS LIABILITY COVERAGE FORM
g. Aircraft, Auto Or Watercraft
"Bodily injury" or "property damage" arising
out of the ownership, maintenance, use or
entrustment to others of any aircraft, "auto"
or watercraft owned or operated by or rented
or loaned to any insured. Use includes
operation and "loading or unloading".
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision, hiring,
employment, training or monitoring of others
by that insured, if the "occurrence" which
caused the "bodily injury" or "property
damage" involved the ownership,
maintenance, use or entrustment to others of
any aircraft, "auto" or watercraft that is
owned or operated by or rented or loaned to
any insured.
This exclusion does not apply to:
(1) A watercraft while ashore on premises
you own or rent;
(2) A watercraft you do not own that is:
(a) Less than 51 feet long; and
(b) Not being used to carry persons
for a charge;
(3) Parking an "auto" on, or on the ways
next to, premises you own or rent,
provided the "auto" is not owned by or
rented or loaned to you or the insured;
(4) Liability assumed under any "insured
contract" for the ownership,
maintenance or use of aircraft or
watercraft;
(5) "Bodily injury" or "property damage"
arising out of the operation of any of
the equipment listed in Paragraph f.(2)
or f.(3) of the definition of "mobile
equipment"; or
(6) An aircraft that is not owned by any
insured and is hired, chartered or loaned
with a paid crew. However, this
exception does not apply if the insured
has any other insurance for such "bodily
injury" or "property damage", whether
the other insurance is primary, excess,
contingent or on any other basis.
h. Mobile Equipment
"Bodily injury" or "property damage"
arising out of:
(1) The transportation of "mobile equipment"
by an "auto" owned or operated by or
rented or loaned to any insured; or
(2) The use of "mobile equipment" in, or
while in practice or preparation for, a
prearranged racing, speed or
demolition contest or in any stunting
activity.
i. War
"Bodily injury", "property damage" or
"personal and advertising injury", however
caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force,
including action in hindering or
defending against an actual or
expected attack, by any government,
sovereign or other authority using
military personnel or other agents; or
(3) Insurrection, rebellion, revolution,
usurped power, or action taken by
governmental authority in hindering or
defending against any of these.
j. Professional Services
"Bodily injury", "property damage" or
"personal and advertising injury" arising
out of the rendering of or failure to render
any professional service. This includes
but is not limited to:
(1) Legal, accounting or advertising
services;
(2) Preparing, approving, or failing to
prepare or approve maps, shop
drawings, opinions, reports, surveys,
field orders, change orders, designs or
drawings and specifications;
(3) Supervisory, inspection, architectural
or engineering activities;
(4) Medical, surgical, dental, x-ray or
nursing services treatment, advice or
instruction;
(5) Any health or therapeutic service
treatment, advice or instruction;
(6) Any service, treatment, advice or
instruction for the purpose of
appearance or skin enhancement, hair
removal or replacement or personal
grooming;
(7) Optical or hearing aid services
including the prescribing, preparation,
fitting, demonstration or distribution of
ophthalmic lenses and similar
products or hearing aid devices;
Form SS 00 08 04 05
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499 (8) Optometry or optometric services
including but not limited to examination
of the eyes and the prescribing,
preparation, fitting,demonstration or
distribution of ophthalmic lenses and
similar products;
(9) Any:
(a) Body piercing (not including ear
piercing);
(b) Tattooing, including but not limited
to the insertion of pigments into or
under the skin; and
(c) Similar services;
(10) Services in the practice of pharmacy;
and
(11) Computer consulting, design or
programming services, including web
site design.
Paragraphs (4) and (5) of this exclusion do
not apply to the Incidental Medical
Malpractice coverage afforded under
Paragraph 1.e. in Section A. - Coverages.
k. Damage To Property
"Property damage" to:
(1) Property you own, rent or occupy,
including any costs or expenses
incurred by you, or any other person,
organization or entity, for repair,
replacement, enhancement,
restoration or maintenance of such
property for any reason, including
prevention of injury to a person or
damage to another's property;
(2) Premises you sell, give away or
abandon, if the "property damage" arises
out of any part of those premises;
(3) Property loaned to you;
(4) Personal property in the care, custody
or control of the insured;
(5) That particular part of real property on
which you or any contractors or
subcontractors working directly or
indirectly on your behalf are performing
operations, if the "property damage"
arises out of those operations; or
(6) That particular part of any property
that must be restored, repaired or
replaced because "your work" was
incorrectly performed on it.
Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
Paragraphs (1 ), (3) and (4) of this
exclusion do not apply to "property
damage" (other than damage by fire) to
premises, including the contents of such
premises, rented to you for a period of 7 or
fewer consecutive days. A separate Limit
of Insurance applies to Damage To
Premises Rented To You as described in
Section D. - Limits Of Insurance.
Paragraph (2) of this exclusion does not
apply if the premises are "your work" and
were never occupied, rented or held for
rental by you.
Paragraphs (3) and (4) of this exclusion do
not apply to the use of elevators.
Paragraphs (3), (4), (5) and (6) of this
exclusion do not apply to liability assumed
under a sidetrack agreement.
Paragraphs (3) and (4) of this exclusion do
not apply to "property damage" to
borrowed equipment while not being used
to perform operations at a job site.
Paragraph (6) of this exclusion does not
apply to "property damage" included in the
"products-completed operations hazard".
I. Damage To Your Product
"Property damage" to "your product"
arising out of it or any part of it.
m. Damage To Your Work
"Property damage" to "your work" arising
out of it or any part of it and included in the
"products-completed operations hazard".
This exclusion does not apply if the
damaged work or the work out of which
the damage arises was performed on your
behalf by a subcontractor.
n. Damage To Impaired Property Or
Property Not Physically Injured
"Property damage" to "impaired property"
or property that has not been physically
injured, arising out of:
(1) A defect, deficiency, inadequacy or
dangerous condition in "your product"
or "your work"; or
(2) A delay or failure by you or anyone
acting on your behalf to perform a
contract or agreement in accordance
with its terms.
This exclusion does not apply to the loss
of use of other property arising out of
sudden and accidental physical injury to
"your product" or "your work" after it has
been put to its intended use.
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499
BUSINESS LIABILITY COVERAGE FORM
o. Recall Of Products, Work Or Impaired
Property
Damages claimed for any loss, cost or
expense incurred by you or others for the
loss of use, withdrawal, recall, inspection,
repair, replacement, adjustment, removal
or disposal of:
(1) "Your product";
(2) "Your work"; or
(3) "Impaired property";
if such product, work or property is
withdrawn or recalled from the market or
from use by any person or organization
because of a known or suspected defect,
deficiency, inadequacy or dangerous
condition in it.
p. Personal And Advertising Injury
"Personal and advertising injury":
(1) Arising out of oral, written or electronic
publication of material, if done by or at
the direction of the insured with
knowledge of its falsity;
(2) Arising out of oral, written or electronic
publication of material whose first
publication took place before the
beginning of the policy period;
(3) Arising out of a criminal act committed
by or at the direction of the insured;
(4) Arising out of any breach of contract,
except an implied contract to use
another's "advertising idea" in your
"advertisement";
(5) Arising out of the failure of goods,
products or services to conform with
any statement of quality or
performance made in your
"advertisement";
(6) Arising out of the wrong description of
the price of goods, products or services;
(7) Arising out of any violation of any
intellectual property rights such as
copyright, patent, trademark, trade
name, trade secret, service mark or
other designation of origin or
authenticity.
However, this exclusion does not
apply to infringement, in your
"advertisement", of
(a) Copyright;
(b) Slogan, unless the slogan is also
a trademark, trade name, service
mark or other designation of origin
or authenticity; or
(c) Title of any literary or artistic work;
(8) Arising out of an offense committed by
an insured whose business is:
(a) Advertising, broadcasting,
publishing or telecasting;
(b) Designing or determining content
of web sites for others; or
(c) An Internet search, access,
content or service provider.
However, this exclusion does not
apply to Paragraphs a., b. and c.
under the definition of "personal and
advertising injury" in Section G. -
Liability And Medical Expenses
Definitions.
For the purposes of this exclusion,
placing an "advertisement" for or
linking to others on your web site, by
itself, is not considered the business
of advertising, broadcasting,
publishing or telecasting;
(9) Arising out of an electronic chat room
or bulletin board the insured hosts,
owns, or over which the insured
exercises control;
(10) Arising out of the unauthorized use of
another's name or product in your e-mail
address, domain name or metatags, or
any other similar tactics to mislead
another's potential customers;
(11) Arising out of the violation of a
person's right of privacy created by
any state or federal act.
However, this exclusion does not
apply to liability for damages that the
insured would have in the absence of
such state or federal act;
(12) Arising out of:
(a) An "advertisement" for others on
your web site;
(b) Placing a link to a web site of
others on your web site;
(c) Content from a web site of others
displayed within a frame or border
on your web site. Content includes
information, code, sounds, text,
graphics or images; or
(d) Computer code, software or
programming used to enable:
(i) Your web site; or
(ii) The presentation or functionality
of an "advertisement" or other
content on your web site;
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499 (13) Arising out of a violation of any antitrust law;
(14) Arising out of the fluctuation in price or
value of any stocks, bonds or other
securities; or
(15) Arising out of discrimination or
humiliation committed by or at the
direction of any "executive officer",
director, stockholder, partner or
member of the insured.
q. Electronic Data
Damages arising out of the loss of, loss of
use of, damage to, corruption of, inability
to access, or inability to manipulate
"electronic data".
r. Employment-Related Practices
"Bodily injury" or "personal and advertising
injury" to:
(1) A person arising out of any:
(a) Refusal to employ that person;
(b) Termination of that person's
employment; or
(c) Employment-related practices,
policies, acts or omissions, such as
coercion, demotion, evaluation,
reassignment, discipline,
defamation, harassment, humiliation
or discrimination directed at that
person; or
(2) The spouse, child, parent, brother or
sister of that person as a
consequence of "bodily injury" or
"personal and advertising injury" to the
person at whom any of the
employment-related practices
described in Paragraphs (a), (b), or (c)
above is directed.
This exclusion applies:
(1) Whether the insured may be liable as
an employer or in any other capacity;
and
(2) To any obligation to share damages
with or repay someone else who must
pay damages because of the injury.
s. Asbestos
(1) "Bodily injury", "property damage" or
"personal and advertising injury"
arising out of the "asbestos hazard".
(2) Any damages, judgments, settlements,
loss, costs or expenses that:
Form 55 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
(a) May be awarded or incurred by
reason of any claim or suit
alleging actual or threatened injury
or damage of any nature or kind to
persons or property which would
not have occurred in whole or in
part but for the "asbestos hazard";
(b) Arise out of any request, demand,
order or statutory or regulatory
requirement that any insured or
others test for, monitor, clean up,
remove, encapsulate, contain,
treat, detoxify or neutralize or in
any way respond to or assess the
effects of an "asbestos hazard"; or
(c) Arise out of any claim or suit for
damages because of testing for,
monitoring, cleaning up, removing,
encapsulating, containing, treating,
detoxifying or neutralizing or in any
way responding to or assessing the
effects of an "asbestos hazard".
t. Violation Of Statutes That Govern EMails, Fax, Phone Calls Or Other Methods Of Sending Material Or
Information
"Bodily injury", "property damage", or
"personal and advertising injury" arising
directly or indirectly out of any action or
omission that violates or is alleged to
violate:
(1) The Telephone Consumer Protection
Act (TCPA), including any amendment
of or addition to such law;
(2) The CAN-SPAM Act of 2003, including
any amendment of or addition to such
law; or
(3) Any statute, ordinance or regulation,
other than the TCPA or CAN-SPAM Act
of 2003, that prohibits or limits the
sending, transmitting, communicating or
distribution of material or information.
Damage To Premises Rented To You -
Exception For Damage By Fire, Lightning
or Explosion
Exclusions c. through h. and k. through o. do
not apply to damage by fire, lightning or
explosion to premises rented to you or
temporarily occupied by you with permission of
the owner. A separate Limit of Insurance
applies to this coverage as described in
Section D. - Liability And Medical Expenses
Limits Of Insurance.
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499
BUSINESS LIABILITY COVERAGE FORM
2. Applicable To Medical Expenses Coverage
We will not pay expenses for "bodily injury":
a. Any Insured
To any insured, except "volunteer workers".
b. Hired Person
To a person hired to do work for or on behalf
of any insured or a tenant of any insured.
c. Injury On Normally Occupied Premises
To a person injured on that part of
premises you own or rent that the person
normally occupies.
d. Workers' Compensation And Similar
Laws
To a person, whether or not an
"employee" of any insured, if benefits for
the "bodily injury" are payable or must be
provided under a workers' compensation
or disability benefits law or a similar law.
e. Athletics Activities
To a person injured while practicing,
instructing or participating in any physical
exercises or games, sports or athletic
contests.
f. Products-Completed Operations Hazard
Included with the "products-completed
operations hazard".
g. Business Liability Exclusions
Excluded under Business Liability Coverage.
C. WHO IS AN INSURED
1. If you are designated in the Declarations as:
a. An individual, you and your spouse are
insureds, but only with respect to the
conduct of a business of which you are the
sole owner.
b. A partnership or joint venture, you are an
insured. Your members, your partners, and
their spouses are also insureds, but only with
respect to the conduct of your business.
c. A limited liability company, you are an
insured. Your members are also insureds,
but only with respect to the conduct of your
business. Your managers are insureds, but
only with respect to their duties as your
managers.
d. An organization other than a partnership,
joint venture or limited liability company, you
are an insured. Your "executive officers" and
directors are insureds, but only with respect
to their duties as your officers or directors.
Your stockholders are also insureds, but only
with respect to their liability as stockholders.
e. A trust, you are an insured. Your trustees
are also insureds, but only with respect to
their duties as trustees.
2. Each of the following is also an insured:
a. Employees And Volunteer Workers
Your "volunteer workers" only while
performing duties related to the conduct of
your business, or your "employees", other
than either your "executive officers" (if you
are an organization other than a
partnership, joint venture or limited liability
company) or your managers (if you are a
limited liability company), but only for acts
within the scope of their employment by
you or while performing duties related to
the conduct of your business.
However, none of these "employees" or
"volunteer workers" are insureds for:
(1) "Bodily injury" or "personal and
advertising injury":
(a) To you, to your partners or
members (if you are a partnership
or joint venture), to your members
(if you are a limited liability
company), or to a co-"employee"
while in the course of his or her
employment or performing duties
related to the conduct of your
business, or to your other
"volunteer workers" while
performing duties related to the
conduct of your business;
(b) To the spouse, child, parent,
brother or sister of that co
"employee" or that "volunteer
worker'' as a consequence of
Paragraph (1 )(a) above;
(c) For which there is any obligation
to share damages with or repay
someone else who must pay
damages because of the injury
described in Paragraphs (1)(a) or
(b) above; or
(d) Arising out of his or her providing
or failing to provide professional
health care services.
If you are not in the business of
providing professional health care
services, Paragraph (d) does not apply
to any nurse, emergency medical
technician or paramedic employed by
you to provide such services.
(2) "Property damage" to property:
(a) Owned, occupied or used by,
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499 (b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by you, any of your
"employees", "volunteer workers",
any partner or member (if you are
a partnership or joint venture), or
any member (if you are a limited
liability company).
b. Real Estate Manager
Any person (other than your "employee" or
"volunteer worker"), or any organization
while acting as your real estate manager.
c. Temporary Custodians Of Your
Property
Any person or organization having proper
temporary custody of your property if you
die, but only:
(1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has
been appointed.
d. Legal Representative If You Die
Your legal representative if you die, but
only with respect to duties as such. That
representative will have all your rights and
duties under this insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of
yours which is a legally incorporated entity
of which you own a financial interest of
more than 50% of the voting stock on the
effective date of this Coverage Part.
The insurance afforded herein for any
subsidiary not shown in the Declarations
as a named insured does not apply to
injury or damage with respect to which an
insured under this insurance is also an
insured under another policy or would be
an insured under such policy but for its
termination or upon the exhaustion of its
limits of insurance.
3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and over which you
maintain financial interest of more than 50% of
the voting stock, will qualify as a Named
Insured if there is no other similar insurance
available to that organization. However:
a. Coverage under this provision is afforded
only until the 180th day after you acquire
or form the organization or the end of the
policy period, whichever is earlier; and
Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
b. Coverage under this provision does not
apply to:
(1) "Bodily injury" or "property damage"
that occurred; or
(2) "Personal and advertising injury"
arising out of an offense committed
before you acquired or formed the
organization.
4. Operator Of Mobile Equipment
With respect to "mobile equipment" registered in
your name under any motor vehicle registration
law, any person is an insured while driving such
equipment along a public highway with your
permission. Any other person or organization
responsible for the conduct of such person is
also an insured, but only with respect to liability
arising out of the operation of the equipment, and
only if no other insurance of any kind is available
to that person or organization for this liability.
However, no person or organization is an insured
with respect to:
a. "Bodily injury" to a co-"employee" of the
person driving the equipment; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
5. Operator of Nonowned Watercraft
With respect to watercraft you do not own that
is less than 51 feet long and is not being used
to carry persons for a charge, any person is an
insured while operating such watercraft with
your permission. Any other person or
organization responsible for the conduct of
such person is also an insured, but only with
respect to liability arising out of the operation
of the watercraft, and only if no other
insurance of any kind is available to that
person or organization for this liability.
However, no person or organization is an
insured with respect to:
a. "Bodily injury" to a co-"employee" of the
person operating the watercraft; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
6. Additional Insureds When Required By
Written Contract, Written Agreement Or
Permit
The person(s) or organization(s) identified in
Paragraphs a. through f. below are additional
insureds when you have agreed, in a written
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499
BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a
permit issued by a state or political
subdivision, that such person or organization
be added as an additional insured on your
policy, provided the injury or damage occurs
subsequent to the execution of the contract or
agreement, or the issuance of the permit.
A person or organization is an additional
insured under this provision only for that
period of time required by the contract,
agreement or permit.
However, no such person or organization is an
additional insured under this provision if such
person or organization is included as an
additional insured by an endorsement issued
by us and made a part of this Coverage Part,
including all persons or organizations added
as additional insureds under the specific
additional insured coverage grants in Section
F. - Optional Additional Insured Coverages.
a. Vendors
Any person(s) or organization(s) (referred to
below as vendor), but only with respect to
"bodily injury" or "property damage" arising
out of "your products" which are distributed
or sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury" or
"property damage" included within the
"products-completed operations hazard".
(1) The insurance afforded to the vendor
is subject to the following additional
exclusions:
This insurance does not apply to:
(a) "Bodily injury" or "property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.
This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
(b) Any express warranty
unauthorized by you;
(c) Any physical or chemical change
in the product made intentionally
by the vendor;
(d) Repackaging, except when
unpacked solely for the purpose of
inspection, demonstration, testing,
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
(e) Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products;
(f) Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
(g) Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; or
(h) "Bodily injury" or "property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(i) The exceptions contained in
Subparagraphs (d) or (f); or
(ii) Such inspections, adjustments,
tests or servicing as the vendor
has agreed to make or normally
undertakes to make in the usual
course of business, in
connection with the distribution
or sale of the products.
(2) This insurance does not apply to any
insured person or organization from
whom you have acquired such products,
or any ingredient, part or container,
entering into, accompanying or
containing such products.
b. Lessors Of Equipment
(1) Any person or organization from
whom you lease equipment; but only
with respect to their liability for "bodily
injury", "property damage" or
"personal and advertising injury"
caused, in whole or in part, by your
maintenance, operation or use of
equipment leased to you by such
person or organization.
Form SS 00 08 04 05 Page 112
DocuSign Envelope ID: 24B7A146-528A-48FB-9CC4-26DD6CE71499 (2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to any
"occurrence" which takes place after
you cease to lease that equipment.
c. Lessors Of Land Or Premises
(1) Any person or organization from
whom you lease land or premises, but
only with respect to liability arising out
of the ownership, maintenance or use
of that part of the land or premises
leased to you.
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
(a) Any "occurrence" which takes
place after you cease to lease that
land or be a tenant in that
premises; or
(b) Structural alterations, new
construction or demolition
operations performed by or on
behalf of such person or
organization.
d. Architects, Engineers Or Surveyors
(1) Any architect, engineer, or surveyor, but
only with respect to liability for "bodily
injury", "property damage" or "personal
and advertising injury" caused, in whole
or in part, by your acts or omissions or
the acts or omissions of those acting on
your behalf:
(a) In connection with your premises;
or
(b) In the performance of your
ongoing operations performed by
you or on your behalf.
(2) With respect to the insurance afforded
to these additional insureds, the
following additional exclusion applies:
This insurance does not apply to
"bodily injury", "property damage" or
"personal and advertising injury"
arising out of the rendering of or the
failure to render any professional
services by or for you, including:
(a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
(b) Supervisory, inspection,
architectural or engineering
activities.
Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
e. Permits Issued By State Or Political
Subdivisions
(1) Any state or political subdivision, but
only with respect to operations
performed by you or on your behalf for
which the state or political subdivision
has issued a permit.
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
(a) "Bodily injury", "property damage"
or "personal and advertising
injury" arising out of operations
performed for the state or
municipality; or
(b) "Bodily injury" or "property damage"
included within the "productscompleted operations hazard". f. Any Other Party
(1) Any other person or organization who
is not an insured under Paragraphs a.
through e. above, but only with
respect to liability for "bodily injury",
"property damage" or "personal and
advertising injury" caused, in whole or
in part, by your acts or omissions or
the acts or omissions of those acting
on your behalf:
(a) In the performance of your
ongoing operations;
(b) In connection with your premises
owned by or rented to you; or
(c) In connection with "your work" and
included within the "productscompleted operations hazard", but only if
(i) The written contract or written
agreement requires you to
provide such coverage to
such additional insured; and
(ii) This Coverage Part provides
coverage for "bodily injury" or
"property damage" included
within the "productscompleted operations hazard".
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
"Bodily injury", "property damage" or
"personal and advertising injury"
arising out of the rendering of, or the
failure to render, any professional
architectural, engineering or surveying
services, including: