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Staff Reportwx �. ��d 6AS�D COUNCIL AGENDA REPORT DATE: DECEMBER 3, 2015 MEETING DATE: 12/15/15 ITEM NO: Q TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: AUTHORIZE THE TOWN MANAGER TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT WITH GEOPHEX SURVEYS IN AN AMOUNT OF $18,439 TO PURCHASE ADDITIONAL SOFTWARE AND PROFESSIONAL SERVICES, TOTALING AN AMOUNT NOT TO EXCEED $54,865 OVER THE AGREEMENT TERM, RECOMMENDATION: Authorize the Town Manager to execute a Second Amendment to the Agreement with Geophex Surveys (Attachment 1) in an amount of $18,439 to purchase additional software and professional services, totaling an amount not to exceed $54,865 over the agreement term. BACKGROUND: Topographic maps are used in the design of Town -wide infrastructure related projects. In March 2015, the Town executed an Agreement for Services with Geophex Surveys (Attachment 2) to provide an online data update of aerial imagery of the Town's 20.5 square mile area. Aerial photography was last taken in 2003 and the topography maps were outdated. The Town received three quotes for the services, with Geophex Surveys submitting the lowest responsible bid. The services under the original contract had not been completed prior to the expiration of the original Agreement as anticipated. A First Amendment to Agreement (Attachment 3) was executed to extend the term of the agreement to January 8, 2016. PREPARED BY: MATT MORLEY DIRECTOR OF PARKS AND PUB ORKS Reviewed by: Town Manager IV `Town Attorney PAGE MAYOR AND TOWN COUNCIL SUBJECT: AUTHORIZE THE TOWN MANAGER TO EXECUTE A SECOND AMENDMENT TO AGREEMENT WITH GEOPHEX SURVEYS IN AN AMOUNT OF $18,439 TO PURCHASE ADDITIONAL SOFTWARE AND PROFESSIONAL SERVICES, TOTALING AN AMOUNT NOT TO EXCEED $54,865 OVER THE AGREEMENT TERM DECEMBER 3, 2015 DISCUSSION: Geophex Surveys provided the new aerial imagery and topography maps of the Town per the original agreement. These topographic aerial maps are helpful in allowing for scaled representation of physical features throughout the Town. However, after utilizing the new topographic maps, staff determined that data collected through the 2003 aerial photo program with another vendor did not provide the level of accuracy needed. High resolution data are an important element Town -wide, and especially in the hillsides where the photos need to capture elevation changes to measure contours, property lines, and right of way. Collection and integration of new three dimensional data will correct this, and enhance the Town's aerial topography map while supplementing the new aerial orthoimages, providing fully accurate and useful information. The original Agreement for Services was in the amount of $36,426 and executed under Town Manager authority. Per the Town's Purchasing Policy which requires Town Council authority to enter into agreements of $50,000 or more, the revised value of the Agreement as proposed would exceed $50,000, and therefore is being presented for Council approval and authority. CONCLUSION: Authorize the Town Manager to execute a Second Amendment to the Agreement with Geophex Surveys (Attachment 1) in an amount of $18,439 to purchase additional software and professional services, totaling an amount not to exceed $54,865 over the agreement term. ALTERNATIVES: The Council could choose not to approve the purchase with Geophex Surveys. This alternative is not recommended as the Town has made a significant investment in the upgrades of aerial images and the additional services will provide ever more accurate information about the Town, which is required for infrastructure related capital improvement and maintenance work in Town. FISCAL IMPACT: As illustrated in the table below, the Town's adopted FY 2015/16 Capital Improvements budget consisted of sufficient carry forward funding to supply the additional services. No additional budget authority is required. PAGE MAYOR AND TOWN COUNCIL SUBJECT: AUTHORIZE THE TOWN MANAGER TO EXECUTE A SECOND AMENDMENT TO AGREEMENT WITH GEOPHEX SURVEYS IN AN AMOUNT OF $18,439 TO PURCHASE ADDITIONAL SOFTWARE AND PROFESSIONAL SERVICES, TOTALING AN AMOUNT NOT TO EXCEED $54,865 OVER THE AGREEMENT TERM DECEMBER 3, 2015 FISCAL IMPACT (cont'd): Town Digital Aerial Photograph/Topographic Map 821 -2006 ,';.'r s"'�'%,'"j� -7 Carryforward Adopted Available Expended/ , ui;.,. Total Amount Budget Appropriation Encumbered Contract 411 -821 -2006 Town Digital Aerial Photograph/Topographic Map S 32,187 S - $ 32,187 S - "V,Yl$`7 -. 471$21 -2006 Torn Digital Aerial Photograph/Topographic Map S 25,142 $ $ 25,142 $ TOTALS S 57,329 $ - $ 57,329 $ ., . - &TrAtI?.&?C['FN111TUR1S BYCATBGORY:: Consultant SerAces TOTALS ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no finther action is required. Attachments: 1. Second Amendment to Agreement 2. Agreement for Services 3. First Amendment to Agreement SECOND AMENDMENT TO AGREEMENT This SECOND AMENDMENT TO AGREEMENT is dated for identification this 16s' day of December, 2015 and amends that certain agreement for SERVICES dated for identification on July 1, 2015, made by and between the Town of Los Gatos, ( "Town, ") and the GEOPHEX SURVEYS ("Service Provider. ") RECITALS A. Town and Service Provider entered into an Agreement for Services on March 27, 2015, ( "Agreement "), a copy of which is attached hereto and incorporated by reference as Attachment 1 to this Amendment. B. Town and Service Provider entered into a First Amendment dated for identification on July 1, 2015 to extend the time period only for Services, ( "Agreement'), a copy of which is attached hereto and incorporated by reference as Attachment 2 to this Amendment. C. Town desires to amend the Agreement to update the Scope of Services and further extend the term of the Agreement. AMENDMENT 1. Section 2.1 Scope of Services shall read: Service Provider shall provide 3D Planimetry services and perform new 3D planimetric data collection as described in that certain Quote sent to the Town on October 29, 2015 which is hereby incorporated byreference and attached as Exhibit A. 2. Section 2.2 Term and Time of Performance shall read: The term of the Agreement shall be extended to June 30, 2016. 3. Section 2.6 Compensation shall read: Compensation for additional services shall not exceed $18,439.00, totaling an amount not to exceed $54,865.00 over the agreement term. Payment shall be based upon Town approval of each task. 4. All other terns and conditions of the Agreement remain in full force and effect. ATTACHMENT IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment. Town of Los Gatos by: Geophex Surveys by: Laurel Prevetti, Town Manager Title Recommended by: Matt Morley, Director of Parks and Public Works Approved as to Form: Robert Schultz, Town Attorney Geophex Surveys Thursday, October 29, 2015 Kinjal Buch Engineering Technician Parks & Public Works Department Town of Los Gatos 408 - 399 -5756 Re: Quote for Town of Los Gatos - 3D Planimetry Services Dear Ms. Buch, Geophex would like to offer the Town of Los Gatos our photogrammetry services as per your request. Geophex recently completed an orthophotography, DEM and contour project for the Town. By leveraging the currency of the stereo aerial photography captured in 2015, Geophex has generated pricing to update the town's planimetry layers. Upon review of the town's existing planimetry layers we found large elevation (z) busts within, and between, features. The elevation (z) busts were the cause of a combination of poor 3D data collection and Light Weight Poly Lines. A Light Weight Poly Line is an Autocad formatted line that poorly manages the z elevation attribute within a feature. As a result of these elevation (z) busts, it possess a significant problem when updating planimetry in 3D. We have estimated that the amount of effort to both fix and update the existing planimetry layers exceed that of new 3D collection. Geophex will perform new 3D planimetric data collection for the following features as extracted from the sample planimetry tiles provided by the town. • HYD_ CHANNEL _EDGE • HYD_ WATER _EDGE • HYD_WATER_EDGE_HIDDEN • PLAN FENCE • PLAN FLAGPOLE • PLAN GUARDRAIL • PLAN POOL • PLAN STAIRS • PLAN WALL • PLAN - WALL _ FENCE-RETAINING • PLAN-WALL-MEDIAN • PLAN_ WALL_ RETAINING • ROAD BRIDGE • ROAD CURBED • ROAD DRIVEWAY • ROAD _OFFROAD_CURB • ROAD_ OFFROAD_PAVEMENT • ROAD_PATH_PAVED • ROAD_PAVEMENT_JOINT • ROAD SIDEWALK • ROAD UNCURBED Geophex Ltd. 605 Mercury Street Raleigh, North Carolina 27603 Tel: (778) 383 -3737 Fax: (919) 578 -8849 Web.: www.geophexsurvoys.com EXHIBIT A Geophex Surveys The area of interest covers approximately 15.5 square miles, including an additional 500ft buffer, as shown as a red boundary in the figure below. Deliverables • 3D Planimetry delivered in AutoCAD or ESRI format. If both formats are of interest, there will be an additional cost Schedule • Data deliverables will be delivered 8 weeks upon receipt of approval to proceed. Pricing Product Area P Price 3D Planimetry Approx. 15.5 sq. miles including a 500ft buffer $18,439.00 Pricing Notes: - Taxes not included - Electronic Deliverables will be sent via FTP Sincerely, Andrew Dawson Geophex Surveys 1 605 Mercury Street I Raleigh NC 127603 1 t 919.578.8857 ext 1011 c 778.688.0579 f 919.578.8849 1 adawson(c geophexsurvevs com I www.geophexsurveys.com (peopnex Ltd. 605 Mercury Street Raleigh, North Carolina 27603 Tel: (778) 383 -3737 Fax: (919) 578 -8849 Web: www.geophexsurveys.com CLERK DEPARTMENT AGREEMENT FOR SERVICES THIS AGREEMENT is made and entered into March 27, 2015 by and betWp TOWN OF LOS GATOS, a California municipal corporation, ("Town ") and GEOPHEX SURVEYS ( "Service Provider"). whose address is 605 Mercury Street, Raleigh, NC 27603. This Agreement is made with reference to the following facts. I. RECITALS 1.1 The Town desires to engage Service Provider to provide Orthophotography and 2ft Contour Services. 1.2 The Service Provider represents and affirms that it is willing to perform the desired work pursuant to this Agreement. 13 Service Provider warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. Service Provider acknowledges Town has relied upon these warranties to retain Service Provider. 11. AGREEMENT 2.1 Scope of Services. Service Provider shall provide services as described in that certain Proposal sent to the Town on March 17, 2015 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 March 27, 2015 to June 30, 2015. 2.3 Compliance with Laws. The Service Provider shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Service Provider represents and warrants to Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Service Provider to practice its profession. Service Provider 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. Service Provider 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 Service Provider by the Town and all reports and supportive data prepared by the Service Provider under this Agreement are the Town's property and shall be delivered to the Town upon the completion of services or at the Town's written request. All reports, information; data, and exhibits prepared or assembled by Service Provider in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and the Service Provider shall not make any of the these documents or information available to any individual or organization not employed by the Service Provider or the Town without the Page I of ATTACHMENT written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the Service Provider 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 Service Provider in connection with other projects shall be solely at Town's risk, unless Service Provider expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Service Provider which is and has been confirmed in writing by Service Provider to be a trade secret of Service Provider. 2.6 Compensation. Compensation for services shall not exceed $36,425.81_ 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. Service Provider shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement. Service Provider shall make these records available to authorized personnel of the Town at the Service Provider 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 Service Provider. 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 Service Provider, 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 Service Provider 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. Service Provider agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Service Provider 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 Service Provider or is based on allegations of Service Provider's negligent performance or wrongdoing. Page 2 of 6 2.11 Conflict of Interest. Service Provider understands that its professional- responsibilities are solely to the Town. The Service Provider has and shall not obtain any holding or interest within the Town of Los Gatos. Service Provider 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, Service Provider 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. Service Provider 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 Service Provider discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement Service Provider 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. Service Provider warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Service Provider 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, Service Provider 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 (S 1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. ii. Service Provider 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 (S 1,000,000) combined single limit per accident for bodily injury and property damage. iii. Service Provider shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Service Provider agrees that all certificates and endorsements are to be received and approved by the Town before work commences. Page 3 of 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 Service Provider, products and completed operations of Service Provider, premises owned or used by the Service Provider. ii. The Service Provider'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 Service Provider'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 Service Provider'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, Service Provider 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, Service Provider shall ensure that all subcontractors employed by Service Provider provide the required Workers' Compensation insurance for their respective employees. 3.4 Indemnification. The Service Provider 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 Service Provider, or any of the Service Provider's officers, employees, or agents or any subcontractor. Page 4 of 6 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 Ageement. The Town and the Service Provider 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 Service Provider shall deliver to the Town all plans, files, documents, reports, performed to date by the Service Provider. In the event of such termination, Town shall pay Service Provider 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 Service Provider. 4.5 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, including cost's 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 11.0 E. Main Street Los Gatos, CA 95030 Geophex Surveys Attn: Andrew Dawson 605 Mercury Street Raleigh, NC 27603 or personally delivered to Service Provider to such address or such other address as Service Provider 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, Page 5 of 6 4.8 Entire Agreement. This Agreement, including all Exhibits, constitutes the compete and exclusive statement of the Agreement between the Town and Service Provider, 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, shat Ire binding on either party, IN WITNESS WHEREOF, the Town and Service Provider have Town ales by. Lc it , uterine Town Manager ' — Recommend; Matt Director of Parks and Public e s Approved as to Form; Robert Schultz, Town ttn ey executed this Agreement. Service Provider, by: 11Ce }� 4L4t _. 1 � � L Title _- i Page 6 of 6 Geophex st,rt•ei•.c Tuesday, March 17, 2015 Re: Revised Quote for Town of Los Gatos and City of Monte Sereno - Orthophotography and 2ft Contour Services Dear Mr. Kelleher, Geophex would like to offer the Town of Los Gatos and City of Monte Sereno our photogrammetry services as per your request. Geophex will be performing an orthophotography project for the Cities of Mountain View, Sunnyvale, Cupertino and Santa Clara, and would like to offer reduced pricing to Town of Los Gatos and City of Monte Sereno. Geophex has provided pricing to capture 3 -inch aerial imagery and to process that data into orthophotography for input into a GIS (Blue and Red Boundary in below graphic that covers approximately 20.5 square miles). As an option, Geophex has also provided pricing to create a DEM that will support the generation of 2 ft contours for the Town of Los Gatos City Boundary (Red Boundary in below graphic that covers approximately 15.5 square miles including an additional 500ft buffer). Please note the Red Boundary that falls outside the Blue Boundary within the City Limits Boundary. Geophex w ll capture aerial photo over these areas and deliver Orthophotography along with a 2ft contour surface. Geophex Ltd. 605 Mercury Street Raleigh, North Carolina 27603 TeP (778) 383 -3737 Fax: (919) 578 -8849 Web: w geophexsu"ys.com EXHIBIT A Geophex sui -vevy The specifications for this project are as follows: Phosde Methodology , Aerial Imagery 1:10,000 scale aerial imagery will be captured for the City's 20.5 square mile area. Utilizing a Vexcel Ultracam X (UCX) digital camera this will produce a 3- inch resolution ortho hoto. Survey Geophex will establish eight (8) new ground control points to ensure 100 scale mop accuracies are achieved. Aerial Triangulation Aerial Triangulation inputs will be Airborne GPS, IMU and the above mentioned new survey points. DEM Geophex will generate a new ortho -spec DEM to support the generation of orthophotography. As an option, Geophex has provided uplift pricing to upgrade the new ortho -spec DEM into a contour spec DEM that will support 2ft contours within the City Boundary plus a 500ft buffer. Ortho hoto rah 3 inch resolution seamless color ortho hoto rah will be created. If the City is interested in a 3D Building layer data set, impervious surface data set, or a full planimetric data set, Geophex can provide pricing upon request. Deliverables • Orthophotography will be delivered in GeoTIFF format • Optional: DEM and 2ft Contours will be delivered in AutoCAD and ESRI formats Schedule Data deliverables will be delivered 10 -12 weeks after successful air photo acquisition. Geophex Ltd. 605 Mercury Street Raleigh, North Carolina 27603 Tel: (778) - 383 -3737 Fax: (979) 578 -6849 Web: w - geophexsurveys.com Geophex surve.vs 3 -inch Flight Plan Diagram Pricing Product Area P"ce 3 inch Orthophotography Approx. 20.5 sq, miles $25,481.00 Optional: New DEM to support 2 ft. contours and delivery of 2 ft contours Approx. 15.5 sq. miles including a 500ft buffer $7,436.00 Delivery of Additional Data Formats: AutoCAD and ESRI $578.00 Pricing Notes: o J 3 3i q9 5'% Taxes not included t ! t o Z t 0) Geophex's Standard Terms and Conditions Apply Electronic Deliverables Will be sent via FTP Sincerely, Andrew Dawson Geophex Surveys 1605 Mercury Street I Raleigh NC 1 27603 1 t 919 578.8857 ext 101. 1 c 778.688.0579 i 9i9 578.8845 ; adawson(Wmeoohexsurveys.com I www.geophexsurveys.com Geophex Lld 605 Mercury Street Raleigh, North Carolina 27603 Tel.. (778) 383 -3737 Fax: (919) 578 -8849 Web. w .geophexsurvey5.eom !�q- -0- 349 5 CLERK DEPARTMENT AGR 111H ORD FIRST AMENDMENT TO AGREEMENT RESO This FIRST AMENDMENT TO AGREEMENT is dated for identification this I" day of July, 2015 and amends that certain agreement for SERVICES dated March 27, 2015, made by and between the Town of Los Gatos, ( "Town, ") and the GEOPHEX SURVEYS ( "Service Provider.") RECITALS A. Town and Service Provider entered into an Agreement for Services on March 27, 2015, ( "Agreement'), a copy of which is attached hereto and incorporated by reference as Attachment I to this Amendment. B. Town desires to amend the Agreement to extend the term of the Agreement. AMENDMENT 1. Section 2.2 Term and Time of Performance shall read: The term of the Agreement shall be extended to January 8, 2016. 2. All other terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment. Town of Los Gatos by: 4aur4el revetti, Town Manager Recommended by: Director of Parks and Approved as to Form: Ro ert Schul z T n Attorney Geophex Survey's by: Title ATTACHMENT