1988-178-Authorizing Amendment No 4 To The Agreement With Ruth And Going, Inc. For Los Gatos Boulevard Improvements Project 8608RESOLUTION NO. 1988 -178
RESOLUTION AUTHORIZING AMENDMENT NO 4
TO THE AGREEMENT WITH RUTH AND GOING, INC.
FOR LOS GATOS BOULEVARD IMPROVEMENTS
PROJECT 8608
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa
Clara, State of California, that the TOWN OF LOS GATOS execute Amendment No. 4 (a
copy of which is attached hereto) to that certain agreement with Ruth and Going,
Incorporated (a copy of which is attached hereto as Exhibit "A") amended June 2,
1986 (a copy of which is attached hereto as Exhibit "B "), and amended June 20, 1988
(a copy of which is attached hereto as Exhibit "C ") for engineering consulting
services, and that the Town Manager is authorized, and is hereby directed, to
execute said Amendment No. 4 in the name and in behalf of the TOWN OF LOS GATOS.
PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Los Gatos held on 6 day of September 1988 by the
following vote.
AYES: COUNCIL MEMBERS Joanne
Robert L. Hami ton Ma
amin, Thomas J. Ferrito,
ric ar son
NOES: COUNCIL MEMBERS Brent N. Ventura
ABSTAIN: COUNCIL
ABSENT: COUNCIL
SIGNED:
ATTEST:
SENIOR DEPUTY CLERK OF T ZTOWN OF LOS GATOS
AMENDMENT NO. 4 TO THE
AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND
RUTH AND GOING, INC.
FOR PROFESSIONAL ENGINEERING SERVICES
IN CONNECTION WITH LOS GATOS BOULEVARD IMPROVEMENTS
Amendment No. 4, dated for convenience September 6,_1988 , to the Agreement
entitled "Agreement Between the Town of Los Gatos, and Ruth and Going, Inc. for
Professional Engineering Services in connection with Los Gatos Boulevard ".
The above referenced Agreement was adopted by Town Council Resolution No. 1985 -167
on November 18, 1985. Amendment No. 1 was approved by Town Council Resolution No.
1986 -76, Amendment No. 2 adopted by Town Council on December 29, 1987, and
Amendment No. 3 was adopted by Town Council Resolution No. 1988 - 135 on June 20,
1988. Item B of Article IV of the original Agreement provides for written amendments to
the Agreement for changes in the scope of the services to be performed by the Engineer.
WHEREAS, the Town has requested Item E, Construction Support; and
WHEREAS, the Town desires the Engineer to provide for construction support of the Los
Gatos Boulevard Improvements; and
WHEREAS, the services have resulting in an increase in the scope of services and costs
from the amended Agreement:
THEREFORE, the following sections of the original Agreement shall be amended as
follows:
Article I Item E - Construction Support (Second Paragraph)
Item 3 of Amendment No. 3, dated June 20, 1988, is revised to read:
3. Provide observation of the contractor's operation for general compliance with
the contract documents. We are allowing for our inspector to be at the site on
an average of four days per week during the main period of construction of
eighteen weeks. (The remaining one day a week will be filled in by the Town's
Inspector.)
Article 39 - Fee Compensation
Fees shall be determined as follows:
No. 5 - The fee allowance for services specified under Item E Construction Support of
Article I shall be increased $40,000 to a total of $92,000 to be billed on a time
and materials basis. There is no guarantee that said fee allowance will provide
for completion of all required construction support services. During the course
of work if it becomes apparent said fee allowance will be exceeded the
Engineer will notify the Town of additional expected costs.
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WITNESS THE EXECUTION HEREOF the day and year first hereinabove written.
APPROVED AS TO FORM:
By;
wn At
By: �� 2,. ---_
Town Mayor
Town C1erk, Sr. Q puty
RUTH A_ND C•OING INCORPORATED
By:
ice President
Civil Engineer
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