09-008 Swinerton Management & Consulting, Inc Amendment
THE CITY OF CUPERTINO
FIRST AMENDMENT TO
AGREEMENT BETWEEN
THE CITY OF CUPERTINO
ANI~
SWINERTON MANAGEMENT & CONSULTING, INC.
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT ("Agreement") is
dated this I mo'w` day of J , 200~~n the City of Cupertino, State of California, by and between
Swinerton Management & Consulting, I c., hereinafter referred to as ("Consultant") and CITY OF CUPERTINO,
hereinafter referred to as ("City").
Recitals
WHEREAS, CITY and CONSULTANT desire to amend the AGREEMENT to modify the basic
agreement, scope of services, and increase the total compensation; and
WHEREAS, the CITY OF CUPERTINO desires to obtain project and construction management consultant
services for the Mary Avenue Bicycle Footbridge, (hereinafter, PROJECT); and
WHEREAS, City's rules and regulations authorize City to enter into agreements for professional temporary
services; and
WHEREAS, Swinerton Management & Consulting, Inc. has the necessary professional expertise and skills
to perform the professional services required,
Now, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, stipulated and agreed, the parties agree as follows:
1. Definitions
Unchanged. See Basic Agreement.
2. Term of Agreement
All work comprising the Services shall be deemed performed under this Agreement. This Agreement shall
conclude upon the completion of the Project. Services under this agreement are anticipated to commence on or
about December 7`~, 2006, and be completed June 30, 2009. Actual commence and completion dates are subject to
change by agreement of the parties to the Agreement.
3. Schedule of Performance
See Basic Agreement, Exhibit B of the original Agreement, and Exhibit B of this First Amendment.
4. Compensation
The compensation to be paid to CONSULTANT for professional services, reimbursable, and any
authorized additional services expenses shall not exceed NINE HUNDRED THOUSAND AND 00/100
Mary Avenue Bicycle Footbridge Project Page 2 of 5
Swinerton Management & Consulting, Inc.
First Amendment
Dollars ($900,000.00). the rate and schedule of payment is set out in Exhibit C, entitled "Compensation",
which is attached hereto and incorporated herein.
5. Method of Payment
Unchanged. See Basic Agreement.
6. Independent Contractor
Unchanged. See Basic Agreement.
7. No Third Party Rights
Unchanged. See Basic Agreement.
8. Project Coordination
Unchanged. See Basic Agreement.
9. Assignability/ Sub consultants/ Employee
Unchanged. See Basic Agreement.
10. Indemnification
Unchanged. See Basic Agreement.
11. Insurance Requirements
Unchanged. See Basic Agreement.
l2. Nondiscrimination
Unchanged. See Basic Agreement.
13. Termination
Unchanged. See Basic Agreement.
14. Governing Law
Unchanged. See Basic Agreement.
15. Compliance With Laws
Unchanged. See Basic Agreement.
16. Confidential Information
Unchanged. See Basic Agreement.
17. Ownership of Materials
Unchanged. See Basic Agreement
18. Waiver
Unchanged. See Basic Agreement.
19. Consultant's Books and Records
Unchanged. See Basic Agreement.
20. Interest of Consultant
Unchanged. See Basic Agreement.
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Swinerton Management & Consulting, Inc.
First Amendment
21. Gifts
Unchanged. See Basic Agreement.
22. Notices
Unchanged. See Basic Agreement.
23. Venue
Unchanged. See Basic Agreement.
24. Agreement Binding/ Prior Agreements and Amendments
Unchanged. See Basic Agreement.
25. Costs and Attorneys Fees
Unchanged. See Basic Agreement.
26. Electronic Transmission of Information
Unchanged. See Basic Agreement.
27. Job Site Safety
Unchanged. See Basic Agreement.
28. Dispute Resolution
Unchanged. See Basic Agreement.
29. Caltrans Post Award Audit
Unchanged. See Basic Agreement.
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First Amendment
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment the day first mentioned above.
-~
APPROV,EI3 S FORM:
~~~ City Counsel
Date: ~- ~ ~ 7 ,~ ~~
State of California ~~/'
"City" CIT OF CUPERTINO,
c
By:
David W. Knapp, City Manager
Date: ~ . I `~(. O~i
Attest: `
Kimberley Smith, City erk
Date: ~(3~0 q
\~\Dq "Consultant" Swinerton
l1'' ~\ Management& Consultant, Inc.
Coun of
On d / m / y ,before me, ^
By: Gw
Notary Public,
known to me (or pro me on the basis of
satisfactory eviden ) to b the person (s) whose
name (s) is /are scribed t the within instrument
and acknowled ed to me that h /she /they executed the
same in his / r /their capacity s), and that by his /her /
their signa a (s) on the instrumen he person (s) or the
entity upo behalf of which the perso (s) acted,
execute the instrument.
Its: ~f'6 ~c~ ~?c.E'L~.,~1
Date: l l X310 ~
~-
Tax. I.D. No.: 91-1810375
4055 Nelson Avenue
Concord, CA 94520
WITNESS my hand and official
ignature of Notary Public
Contract Amount: $900,000
P.O. # 055519
Account #: 428-9449-9300
All of the terms and conditions of the original AGREEMENT, not modified by this First Amendment, shall remain
in full force and effect.
THIS AGREEMENT SHALL NOT BE VALID OR EFFECTIVE FOR ANY PURPOSE UNLESS AND UNTIL
SIGNED BY THE CITY MANAGER ON BEHALF OF THE CITY COUNCIL.
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First Amendment
EXHIBIT "B"
SCHEDULE OF PERFORMANCE
FIRST AMENDMENT
MARY AVENUE BICYCLE FOOTBRIDGE PROJECT
CITY OF CUPERTINO, CALIFORNIA
This is an exhibit attached to, and made a Dart of, the Professional Services Agreement
between the City of Cupertino ("City") and Swinf;rton Management & Consulting, Inc.
("Consultant") for the provision of professional Construction Management services ("Services").
Approximate Bride Construction Schedule
1. Pre-Construction Phase: December '1' 2006 through January 31, 2008
2. Construction Phase: February 1, 2008 through March 31, 2009
3. Post Construction Phase: April 1, 2009 through June 30, 2009
END OF EXHIBIT "B"
City of Cupertino
Swinerton CM Exhibit B-l of 1
Basic Agreement
First Amendment
EXHIB][T "C"
COMPENSATION
FIRST AMENDMENT
MARY AVENUE BICYCLE FOOTBRIDGE PROJECT
CITY OF CUPERTINO, CALIFORNIA
This is an exhibit attached to, and made a part of, the Professional Services Agreement between
the City of Cupertino ("City") and Swinerton Management & Consulting, Inc. ("Consultant") for
the provision of professional Construction Management services ("Services").
BASIC SERVICES
City will pay Consultant for Basic Services, on a Time and Materials Basis Not to Exceed NINE
HUNDRED THOUSAND DOLLARS ($900,000.00), which sum includes costs for industry
standard reimbursable expenses.
ADDITIONAL SERVICES
There are no Additional Services Funds identified as a part of this Agreement. Consultant will not
be compensated for services performed outside the Scope of Work identified in Exhibit A.
INVOICES
All payments shall require a written invoice from Consultant in a form acceptable to City. City
shall make payment on approved amounts within each invoice within 30 days of receipt.
BILLING RATES
POSITION HOURLY RATE
Project Manager
Resident Engineer
Structure Representative
Project Controls
Administrative
$165.00
$135.00
$125.00
$125.00
$85.00
END OF EXHIBIT "C"
City of Cupertino
Swinerton CM
Basic Agreement
First Amendment
Exhibit (:-1 of 1