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Staff Report with attachments PREPARED BY: Dan Keller Facilities & Environmental Services Manager Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, 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: 12/06/2022 ITEM NO: 8 DATE: November 21, 2022 TO: Mayor and Town Council FROM: Laurel Prevetti, Town Manager SUBJECT: Authorize the Town Manager to Execute a First Amendment to Consultant Services Agreement with KPA Group for Design of Americans with Disabilities Act (ADA) Compliant Restrooms and Human Resources Offices (CIP 821-2117) and ADA Upgrades to Public Restrooms at the Adult Recreation Center (CIP 821-2601) in an Amount of $40,365 for a Total Agreement Amount Not-to- Exceed $140,365. RECOMMENDATION: Authorize the Town Manager to execute a First Amendment to Consultant Services Agreement with KPA Group for design of Americans with Disabilities Act (ADA) compliant restrooms and Human Resources Offices (CIP 821-2117) and ADA upgrades to public restrooms at the Adult Recreation Center (CIP 821-2601) in an amount of $40,365 for a total Agreement amount not- to-exceed $140,365. BACKGROUND: The adopted Fiscal Year (FY) 2022/23-2026/27 Capital Improvement Program (CIP) Budget designated funding for design and construction of two projects: ADA Restrooms and HR Offices (CIP No. 821-2117) and ADA Upgrade to Public Restrooms at the Adult Recreation Center (CIP No. 821-2601). A Consultant Services Agreement was executed for the design of these improvements. The compensation for consultant design services is nearly exhausted and the agreed upon design scope has been executed. During the design process, additional ADA requirements were identified. PAGE 2 OF 3 SUBJECT: Authorize the Town Manager to Execute a First Amendment to Consultant Services Agreement with KPA Group for Design of Americans with Disabilities Act (ADA) Compliant Restrooms and Human Resources Offices (CIP 821-2117) and ADA Upgrades to Public Restrooms at the Adult Recreation Center (CIP 821-2601) in an Amount of $40,365 for a Total Agreement Amount Not-to-Exceed $140,365. DATE: November 21, 2022 DISCUSSION: During the design process for the Adult Recreation Center ADA Restroom, Civic Center Restrooms, and HR Expansion, additional ADA non-compliant items were identified. These include the addition of an ADA-compliant approach path to the building (parking lot and main entrance) at the Adult Recreation Center and an ADA-compliant shower in the Civic Center Restrooms. The proposed action would increase the compensation to the design consultant to allow for design of the additional improvements needed. CONCLUSION: The proposed action would provide funding for the design of ADA compliant facilities to be completed. FISCAL IMPACT: Staff time for design and construction of the project is tracked, which allows for accountability in the costs of the project. This project utilizes full-time budgeted staff. Full-time staff is accounted for in the FY 2022/23 Operating Budget. PAGE 3 OF 3 SUBJECT: Authorize the Town Manager to Execute a First Amendment to Consultant Services Agreement with KPA Group for Design of Americans with Disabilities Act (ADA) Compliant Restrooms and Human Resources Offices (CIP 821-2117) and ADA Upgrades to Public Restrooms at the Adult Recreation Center (CIP 821-2601) in an Amount of $40,365 for a Total Agreement Amount Not-to-Exceed $140,365. DATE: November 21, 2022 FISCAL IMPACT (continued): ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required. Attachments: 1. First Amendment including Original Agreement for Consultant Services Budget Costs 821-2117 GFAR $600,000 Total Budget $600,000 Prior Consultant Services $65,000 Consultant Services (with this staff report)$10,000 Total Expenditures $75,000 Available Balance $525,000 821-2601 GFAR $183,000 Grant Funding $130,861 Total Budget $313,861 Prior Services $86,882 Consultant Services (with this staff report)$30,365 Total Expenditures $117,247 Available Balance $196,614 FY 2022/23 ADA Restrooms and HR Offices - CIP No. 821-2117 ADA Upgrade Public Restrooms - Adult Recreation Building - CIP No. 821-2601 This Page Intentionally Left Blank Page 1 of 2 First Amendment to Agreement for Consultant Services The KPA Group FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES This FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES is dated for identification this 6th day of December 2022 and amends that certain AGREEMENT FOR CONSULTANT SERVICES dated October 4, 2021, made by and between the Town of Los Gatos, ("Town,") and the KPA Group (Consultant.”) RECITALS A. Town and Consultant entered into an Agreement for Consultant Services on October 4, 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 provide additional scope of services and compensation. AMENDMENT 1. 2.1 Scope of Services. is amended to read as follows: Additional designs for the approach to Adult Recreation Center (including the parking lot and main entrance) and Civic Center ADA-compliant shower in restrooms. 2. 2.6 Compensation. is amended to read as follows: Compensation for Consultant’s professional services shall be increased by $40,365, for a total agreement amount not exceed $140,365. Payment shall be based upon Town approval of each task based on Exhibit A and Exhibit B. 3. All other terms and conditions of the Agreement remain in full force and effect. Attachment 1 Page 2 of 2 First Amendment to Agreement for Consultant Services The KPA Group IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment. Town of Los Gatos: KPA Group: _______________________________ ______________________________ Laurel Prevetti, Town Manager Paul Powers, President Department Approval: _______________________________________ Nicolle Burnham Director of Parks and Public Works Approved as to Form: Attest: ______________________________ ______________________________ Gabrielle Whelan, Town Attorney Wendy Wood, CMC, Town Clerk