Loading...
2001-108-Authorizing The Town Manager To Execute An Amendment To The Agreement With Indigo-Hammond And Playle Architects To Provide A Feasibility Study For A Skatepark In The Town Of Los Gatos, Vasona Park~ RESOLUTION 2001 108 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AMENDMENT TO THE .AGREEMENT WITH 1NDIG0/HAMMOND & PLAYLE ARCHITECTS TO PROVIDE A FEASIBILITY STUDY FOR A SKATEPARK IN THE TOWN OF LOS GATOS, VASONA PARK WHEREAS, on Apri125, .2001 the Town of Los Gatos entered into an agreement with INDIGO/Hammond & Playle Architects to provide architectural consulting services at a costnot to exceed $15,000 in conjunction with the Feasibility Study for a Slcatepark in the Town of Los Gatos, Vasona Park. WHEREAS, an Amendment to the Agreement is necessary for Consultant to provide additional .staff time to meet with County and Town staff regarding. the Project Work Plan .for the Slcatepark Feasibility .Study. NOW THEREFORE BE IT RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the Town of Los Gatos enter into an Amendment to the Agreement {Exhibit A) for additional consulting services, and that the Town Manager is authorized, and is hereby directed, to execute an Amendment to the Agreement. PASSED AND .ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the tat day of October, 2001 by the following vote: COUNCIL MEMBERS:: AYES: Randy Attaway, Steven Blanton, Sandy Decker, Steve Glickman, Mayor Joe Pirzynslci. NAYS : None ABSENT: None ABSTAIN: None .SIGNED: ®---- MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ( AMENDMENT TO AGREEMEN( p;, rT~F, ~E THE TOWN cLERx This AMENDMENT TO AGREEMENT is entered into this 2001, by and between the Town ofLos Gatos, State of California, here called INDIGO/Hammond &Playle Architects, LLP,. "Consultant." RECITALS . ~a sue' .in ca~~e~" , ~F~D nn ft~;SO ~~ / ._% ~~ A. Town and Consultant entered into an "Agreement" for Architectural Consultant Services in conjunction with a Feasibility Study for a Skatepark for the Town of Los Gatos,. Vasona County Park on the 25`" day of April, 2001., a copy of which is attached hereto as Attachment 2 and incorporated herein by reference, B. Amendment to Agreement is necessary for Consultant to provide additional staff time to meet with the County and Town staff regarding the Project Work Plan for the Skatepark Feasibility :Study. AMENDMENT Item 1 "Scope of Services"of the Agreement is hereby amended to include the following: A. Preparation .for and attendance at public :meetings (e.g. -County Park Commission, County Board of Supervisors, etc. B. Revision of report material made necessary in order to be responsive to these or other .agency review bodies. C. Other work as maybe requested by Town. 2. Item 6 - "Compensation" of Agreement is hereby amended to include an additional $15,000 to provide additional professional services, and payment shall be based upon Town approval of each task and as outlined in the attached Exhibit B1 -Fee Summary and Standard Rates. 3. All other-terms and conditions of the Agreement dated Apri125, 2001 remain in full force and effect. IN WITNESS WHEREOF, the Town o Los Gatos and INDIGO/Hammond &Playle Architects, LLP have executed this Agreement as "of the date indicated on page one (1). Town of Los Gatos, by: Debra J. Fgone, Town Manager Town of Los Gatos ATTEST: Clerk of the Town of Los Gatos, Los Gatos, California (Signature) {Print Name) by: INDIGO/Hammond &Playle, Architects, .LLP Approved as to Form: Marian V. Cosgrove, Town Clerk Orry P. Korb, Town Attorney .Revised: November 13, 2000 N:\B&EWGREEMTS\indigo:agr.wpd - ~ - r~C~R-~' ~ c~b7 AGREEMENT FOR ARCHITECTURAL CONSULTANT SERVICES THIS AGREEMENT is entered into this 25`h day of April, 2001, by and between the Town of Lo's Gatos, State of California, herein called the "Town", and INDIGO/ Hammond & Playle Architects, LLP, engaged in providing architectural consulting services herein called the "Consultant". Included are Exhibit A- Project Workplan for Feasibility Study, and Exhibit B- Fee Summary and Standard Rates, attached'hereto and incorporated herein by reference. RECITALS A. The Town is considering undertaking activities to prepare a Feasibility Study for a Skatepark for the Town of Los Gatos, Vasona County Park. B. The Town desires to engage an Architectural Consultant to provide consulting services in conjunction with a Feasibility Study fora :Skatepark for the Town of Los Gatos, Vasona County Park, because of Consultant's experience and qualifications to .perform the desired work. C. The Consultant represents and affirms that it is qualified and willing to perform the desired work pursuant to this Agreement. AGREEMENTS NOW, THEREFORE, THE PARTIES HERETO AGREE. AS FOLLOWS: 1. Scope of Services. The Consultant shall provide the services listed in Exhibit A, attached here to and, by this reference, incorporated herein. 2. Time of Performance. The services of the Consultant are to commence upon the execution of this Agreement and issuance of a Town purchase order, with completion of the project by not later than July 31, 200.1 or as indicated on Exhibit A- Project. Workplan for a Feasibility Study. 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 represents and warrants to Town that Consultant shall, at its sole .cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession. Consultant shall maintain a Town of Los Gatos business license pursuant to Chapter 14 of the Code of the Town of Los Gatos. Page 1 of 7 Attachment 2 4. Sole Responsibility. Consultant shall be responsible for employing or engaging :all persons necessary to perform .the services under this Agreement. 5. Information/Report Handling. A11 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 bedelivered 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 public, and the Consultant shall not make any of the these documents or information availab e 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 sha'11 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. 6. Compensation. Compensation for Consulttant's professional services shall not exceed $22,100 as indicated in Exhibit B- Fee Summary and Standard Rates, and payment shall be based upon Town approval of each task.. Billing 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 reference the Town's purchase order number and be addressed as follows: Invoices: Town of Los Gatos Attn: Accounts Payable P,O. Box 655 Los Gatos, CA 95031 S atements: Town of Los Gatos Attn: Finance Department P.O. Box 65:5 Los Gatos, CA 95031 7. 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.. Project Manager. The Project Manager for the Consultant for the work under this Agreement shall be Bruce Playle, Architect, AIA. Page 2 of 7 9. Ass nabiltyand 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. 10. Notices. Any notice required to be given shal'1'be deemed to be duly and properly given if mailed postage prepaid, and addressed to: To Town: Les White Town of Los Gatos Civic Center 110 E. Main Street P.O. Box 949 Los Gatos, CA 95031 To Consultant: Bruce Playle, Architect, AIA IlVDIGO/ Hammond &Playle Architects, LLP 130 G Street, Suite G3 .Davis, CA 95616 or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town. 11. Independent Contractor. It is understood that the Consultant,. 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. 12. Conflict of Interest. Consultant understands that its professional responsibilities is 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 thus 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 Page 3 of 7 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 emp oyed a person with a direct or indirect interest that would conflict with ,its performance of this Agreement, Consultant shall promptly notify Town of his employment relationship., and shall, at he Town's sole discretion, sever any such employment relationship.. 13. Equal Employment. Opportunity. Consultant warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate against persons employed or seeking employment with them on the basis of age, sex, color, .race, marital status, sexual orientation, ancestry, physical or mental disabi ity, national origin, religion, or.medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act. 14. Insurance. A. Minimum Scope of Insurance: 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.. 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. Page 4 of 7 B. General Liability: i. The Town, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of Consultant, premises owned or used by the Consultant. This requirement does not apply to the professional liability insurance required for professional errors and omissions. ii. The Consultant's insurance coverage shal'1 be primary insurance as respects the Town, its officers, officials, employees and volunteers. Any insurance or se f-insurances maintained by the Town, i s 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 insuredagainst whom a claim is made or suit is brought, except. with respect to the limits of the :insurer's liability. C, All Coverages: Each insurance policy required in this item shall be endorsed to state that coverage hall 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. D. 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. 15. Indemnification. The Consultant shall save, keep and hold harmless indemnify and defend the Town its officers, agent, employees and volunteers from al'1 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 negligent act or omissions of the Page 5 of 7 Consultant, or any of the Consultant's officers, employees, or agents or any subconsultant, The Town shall save, keep and hold harmless indemnify and defend the Consultant 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 negligent act or omissions of he Town, or any of the Town's officers, .employees, or :agents or any subconsultant. 16. Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement. 17. Governing Law. This Agreement, regardless of where executed, shall be governed by and construed to .the laws of the S"fate of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of Santa Clara. 18. Termination of Agreement. The Town and the Consultant shall have the right to terminate this agreement with or without cause by giving not less than 15 days written notice of termination. In the .event of termination, the Consultant shall deliver to the Town all plans, files, documents and reports performed o 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 he Town bears to completed services contemplated under this Agreement pursuant to Exhibit A- Project Workplan for a Feasibility Study hereto, unless such termination is made for cause, in which event, compensation, if any, shall beadjusted in light of the particular facts and circumstances involved in such termination. 19. Amendment. No modification., waiver, mutual termination, or amendment of this Agreement is effective unless made in writing .and signed by the Town and the Consultant. 20. Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, including costs of appeal. 21. Entire Agreement. This Agreement, including Exhibit A- Project Workplan for Feasibility Study, and Exhibit B- Fee Summary and Standard Rates, .attached hereto, 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. Page 6 of 7 IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement as of the date indicated on page one (1). Town of Los Gatos, by: -~ Debra J. F' one own Manager A proved as to f .C rry P. Korb, Town Attorney Attest: C erk of the Town of Los Gatos, Los Gato , al} of is -~ J ~ ~%YJ'~LI~O,~ ria os rove Consultant, by: Signature Print Name Title ~~~~~~ J Page 7 of 7 Exhibit A- Project Workplan for Feasibility Study Skatepark for the Town of Los Gatos, Vasona County Park Bruce Playle, Skatepark Architect, IND1G0 Architects, .April 25, 2001 Phase I: Site Selection and Feasibility Study is the focus of this scope of work and is a precursor to Phase II: Design, Construction Documents, Bidding.., and Construction. Phase II includes askater-workshop process to determine the actual design of the skatepark. Phase I I is not included in this current scope. Goals of the Feasibility Study are as follows: Initiate a process which will provide youth a sanctioned place to skate, promote positive social interaction, .and which will fit well .into the community. • Determine the suitability for'building a skatepark in Vasona Park which addresses the concerns of and. is acceptable to the County of Santa Clara. • Establish criteria including design process, cost and schedule parameters related to the design and use of a skatepark. • identify .general scope and nature of the project and as well as next steps to initiate project development. ~/ Date: Various., Preliminary prolect meetin_s, site visitations, and project setup: Time & Completed. Location: Various meetings and discussions, review of County considerations for use of Vasona Park, site reconnaissance and photography., ..project definition, team organization. Completed. 8 , or 9 Working Group: Time & .Location; TBA. Protect kick-off meeting and tour of (2 weeks to candidate sites (one meeting with Working Group to include Town Staff, next Task/ Skatepark Sub-Committee, and representatives of the County of Santa Clara, Milestone:) same day tour of sites) 1. Discuss design ,parameters and concerns of each participating ..party. 2. Discuss Town liability disposition, any limiting conditions affecting the design, and risk-.avoidance for the County of Santa Clara. 3. Discuss probable operating policies for the skatepark. 4. Discuss any fiscal, safety, physical, or other.limitations on the design. 5. Discuss environmental approval .process for site .locations with Town and County planning staff. 6. Discuss available parking, toilet facilities, and other necessary amenities at the various sites, proximity to residential neighbors, etc. 7. Conduct visit of candidate sites (.maximum of two) within the Vasona County Park. 8. Assemble record .drawings, aerial photos, etc. for each of max. two sites (provided 'by Town staff). 9. Review relevant reports and/ or studies for each of two sites (provided by Town staff).. 10. Review topographic and utility maps of existing conditions {provided by Town staff) and assess any .impacts on adjacent'land uses for each of max. two sites. 11. Review legal descriptions/ exhibit map for for each of max. two sites (provided by Town staff). 1.2. Evaluate utility availability and coordination issues, if .any, based on .review of utility maps, for each of max. two sites (provided by Town staff). Date: Mar 7t1 Meetin_g #1- Project kick-off meeting and tour of candidate sites wi#h th tt Exhibit A- .Project Workplan for a Feasibility Study Skatepark for the Town of Los Gatos, Vasona County Park INDIGO/ Hammond & Playle Architects, LLP April 25, 2001 Page 2 Date: May 2fist, Meeting #2- Prepare Preliminary Feasibility Study, present to Working 22~ , or 23~ Group: (one meeting with Working Group to include Town Staff, (1 week to next Skatepark Sub-Committee, .and representatives of the County of Santa Task/ Clara) 'Milestone) 1. Review draft :Criteria for the design and use of the skatepark. 2. Prepare site layout diagrams for each of max. two sites in Vasona County .Park. Summarize availability and/or cost of providing any necessary: a) Toilet facilities, investigate possible use of those in adjacent Oak .Meadow Park. b) Parking., investigate possible restriping ofi the adjacent Oak Meadow Park parking. lot. c) Evaluate proposed bandstand location as relates to skatepark. d) Access control and fencing (based on planned operation ,policy) e) Establish space relationships requirements. f) Preliminary utilities ,plan. g) Preliminary review of factors regarding "fit" of the Skatepark into the neighborhood. h) Identify probable mitigation measures at each. site. i) Conduct pedestrian circulation assessment around site :and plan for spectator .area. j) Prepare area and occupancy .calculations. k) Preliminary Criteria for the design and use of the skatepark. 3. Summarize the .general advantages/ disadvantages of each site and make recommendations regarding prefelrred site (actual preferred site to be selected by Working Group). In making recommendations., indicate the degree to which the concerns raised in kick-off meeting .can be mitigated. 4. Prepare Budget-..Level Estimate of Probable Cost and Preliminary Project Schedule based on information .available. Indicate variances between candidate sites,. max. of two. Indicate type/equality/ scope options which affect cost. 5. Discuss possible funding sources, 6. :Identify likely environmental review and .approval process based on input from Town and County planning staff. Date: June 4th Meeting #3- Prepare .INTERIM REPORT and review with Town Council: (3 ~/2 weeks to (one :meeting with Town Council) next Task/ 1. Consolidate aIP input received to-date and prepare Interim 'Report. Milestone) 2. Review with Town Council the Interim Report findings for each of max. two sites in Vasona County Park. Receive input. 3. Determine with Town Council need, if any, to investigate any other sites for possible use as a skatepark. 'Exhibit A- Project Workplan for a Feasibility Study Skatepark for the Town of Los Gatos, Vasona County Park 9ND1G0/ Hammond & Playle Architects, LLP April 25, 2001 ' Page 3 Date: June 28~h .Meeting ~#4- Prepare Final Feasibility Study-and present #o Working Group: or 29'h (one meeting with Vl/orking Group to include Town Staff, Skatepark Sub- committee, and representatives of the County of Santa Clara) 1. Conduct minor adjustments in report materials in accordance with input received at meetings. 2. Adjust site .layout diagrams. 3. Adjusted proposed mitigation measures. 4. Adjusted Preliminary Design Estimate of Probable Cost and Preliminary Project Schedule. 5. 'Refine description of the environmental approval process to follow prelim. work. 6. Present Final Feasibility Study material to Working Group.. Date.: (TBA) Meetings as .required with County Parks Commission, Board of Supervisors, etc., n.i.c:. (meetings as required, .note that this item is not in contract, n.i.c., but available as additional services) 1. Assist in securing approval of Town Parks Commission .and/or Town Council to proceed to Phase II: Design, Construction Documents, Bidding., and Construction. 2. Assist in securing approval of County Parks Commission, Committee of the Board, and/or County Board of Supervisors to proceed to Phase II: Design, Construction Documents, Bidding, and Construction. Approximate elapsed time approx. 6 ~/z weeks Surnmary of Feasibility Sfudy Deliverables: 1. Comparative analysis of the up to two candidate sites within the Vasona Community Park, including summary of likely mitigation measures and environmental process description. 2. Preliminary Criteria for the design and use of the Skatepark. 3. INTERIM REPORT and then FINAL FEASIBILITY STUDY for a skafepark at each of up to two candidate sites .within the Vasona Community Park as listed below: a) Site Plan/ Facility Plan .Sketch for each sife. b) Skatepark Facility Plan to indicate general nature of a typical skatepark design. Actual design is pending skater input to follow uia workshop process in .design phase. c) Budget-Level Estimate of Probable :Cost, inclusive of cost of likely mitigation measures. Indicate type/quality/ scope .options which affect cost. d) Identification of possible funding sources. e) Indication of phasing, if required, to meet project budgetary requirements. f) Preliminary Project Schedule. Excluded from the Workplan but available as additional services are the followinq: 1. Design, Bidding, and Construction Phase services. 2. Meetings beyond those shown. 3. Specialized renderings or three-dimensional models. 4. Use of subconsultants such as soils engineering, surveying, civil engineering, electrical engineering, landscape architecture, environmental/ planning consultants, etc. Exhibit B- Fee Slummary and Standard Rates Skatepark for the Town of Los Gatos, Vasona County Park Bruce Playte, Skatepark Architect, INDIGO Architects, April 25, 2001 For completion of the basic scope of work indicated in Exhibit A- Project Workplan for a Feasibility Study, the fixed-fee for each payment milestone (including all work leading up to each .meeting milestone) is as follows: Preliminary project meetings, site reconnaissance, project definition, team or anization $3,500 Meetin #1- Project Kick-off with Workin. Grou $3,200 Meeting #2- Present Preliminary Feasibility Study with Workin Grou $7,400 Meetin #3- Present INTERIM REPORT to Town Council $4,'500 Meetin #4- Final'Feasibilit. Stud. $3,'500 Total Fixed-.:Fee $22,100 Invoicing, and Payment INDIGO shall be paid on the basis of invoices to be submitted monthly. These invoices shall indicate the percent complete of each Phase of work less prior amounts invoiced. Payment of invoices shall be made within 30 calendar days from the date of .invoice... Fixed-Fee, including expense allowance The above fee quotation is a fixed-fee :amount and includes all reasonable expenses to complete the basic scope of services. .Additional Services Should the Town of Los Gatos desire that INDIGO .provide additional services, such services shall be authorized, in writing, by the Town of Los Gatos. Any such additional services shall be on the basis of fixed-fee, percentage, ortime-and-materials as may be mutually agreed between the parties in the form of a written .amendment to the agreement. Compensation for time-and- materials additional services shall be per INDIGO's standard fee schedule :(see below) as may be updated from time-to-time. Reimbursable expenses shall be invoiced at cost plus 10%. 'Standard Rates Rates shown are for first quarter, 2001. INDIGO reserves the right to .modify its standard rates from time-to-time as may be necessary for cost-of-living adjustment and other factors. Principal $125 .Project Manager $105 Senior Designer $85 Designer/ Drafter- .Level 2 $70 Designer/ Drafter- .Level 1 $60 Clerical $50 :Consultants and reimbursable expenses are at 1.10x cost. Mileage at $0.335 per mile. *t •., , ,. v ;~I INDIGO OFFICE . ~' ~~i~ '~' ~(;L.ERK AGR l IHH ~_ ORD REC Hammond &Playle, Architects, LLP REBO _ --- _ -_- September 10, 2001 Les White,, Interim Director of Parks and Public Works Civic Center 110 E. Main Street P.O. $ox 949 Los Gatos, CA 95031 RE: Amendment No. 1, Feasibility Study for Skatepark for the Town of Los Gatos Dear 1_es, This letter amends the original agreement between the Town of Los Gatos (TOWN) and INDIGO/ Hammond and Playle .Architects, LLP (CONSULTANT) dated April 25, 2001 to reflect a change in the scope of services and fee for the project as'indicated herein. Ail other provisions of the original .agreement remain in full force and effect. Description of Scope of Services change; "The original April 25, 2000 agreement excluded preparation for and attendance at certain meetings but .made them available as additional services. This Amendment No. 1 .now adds to the agreement meetings and other work which maybe requested by the TOWN as follows: • Preparation for and attendance atpublic meetings (e.g.- County Park Commission, County Board of Supervisors, etc.). • Revision of report materials made necessary in order to be responsive to these or other agency review bodies. • Other work as may be .requested by TOWN. Fee Summary: This work is to be completed on atime-and-materials basis as .per the attached "Exhibit B1-Fee 8umrnary and Standard Rates, dated September 10, 2001 ". Fee amounts are in addition to the fee for basic services. (Note: the estimated cost of each trip/agency review meeting is as follows: $900. This is 6 hrs. ~ $135., plus $100 travel expense). Please sign below indicating your acceptance and return one executed copy to me. Thank you. Si er y, race Playle, Ar ect, C 15459 indigo/ Hammond &Playle Architects, LLP 231 G Street,. Suite 2 Ph. (530) 750-0756 Fax (530) 750-0802 e-mail: bplayleC~?indigoarch.com Town of~p~rfl~s to form: Debra F one, Town ages Street, Suite 2 l Davis, California, USA 95616 Te1530-750-0756 Fax 530-750-0802 p. Korb, Town Attorney E-mbplayle®indigoarch.com ~~~ % date signe ' ATT 5T; I ~~ MAR Sr V. C S 0'VE, TC'rJN CLERK Exhibit B1-Fee Summary and Standard Rates Ska#e,park for the Town of Los Gatos:, Vasona County Park Bruce Playle, Skatepark Architect, INDIGO Architects, September 10, 2001 For completion of the scope of work indicated in Amendment #1 for additional services re ated to the Feasibility Study, fee shall be on at time-and-materials basis. Invoicing, and Payment LNDIGO shall be paid on the .basis of invoices to be submitted monthly. These invoices shall indicate the time-and-material amounts due and payable, less prior amounts invoiced. Payment of invoices shall. be made within 30 calendar days from the date of invoice. .Additional Services Should the 1-own of Los Gatos desire that IND1G0 provide further additional services, such services shall be authorized, in writing, by the Town of 'Los Gatos. Any such additional services shall be on the basis of fixed-fee, percentage, or time-and-materials as maybe mutually agreed '.between the parties in the form of a written amendment to the agreement. Compensation for time-and-materials additional services shall be per IND1G0's standard fee schedule jsee below) as may be updated from time-to-time. Reimbursable expenses shall be invoiced at cost plus 10%. Standard Oates Rates shown are for fourth quarter, 2001. IND1G0 reserves the right to modify its standard rates from time-to-time as may be necessary for cost-of-living adjustment and other factors. ..Principal $135 Project Manager $110 Senior Designer $90 Designer/ Drafter- Level 2 $75 Designer/.Drafter- Level 1 $65 Clerical $55 Consultants .and reimbursable expenses are at 1.tOx cost. Mileage at $0.335 per mile.