12-018 Professional Services Agreement, Perkins + Will, Civic Center Master PlanFIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT
BETWEEN THE CITY OF CUPERTINO AND PERKINS + WILL FOR
PROFESSIONAL SERVICES FOR CIVIC CENTER MASTER PLAN
This First Amendment to the Consultant Services Agreement between the City of Cupertino
and Perkins + Will, for reference dated May 29th, 2012, is by and between the.CITY OF
CUPERTINO, a municipal corporation (hereinafter "City ") and Perkins + Will a California
corporation whose address is 185 Berry Street, Lobby One, Suite 5100, San Francisco, CA,
94107 (hereinafter "Consultant "), and is made with reference to the following:
RECITALS:
A. On February 2nd, 2012, an agreement was entered into by and between City and
Perkins + Will (hereinafter "Agreement ").
B. City and Consultant desire to modify the Agreement on the terms and conditions set
forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as
follows:
1. Paragraph 1 of the Agreement is modified to read as follows:
Consultant shall perform those Services specified in Exhibit A, proposal and Exhibit A -1,
Additional Services, which is attached hereto and incorporated herein.
2. Paragraph 4 of the Agreement is modified to read as follows:
The compensation to be paid to Consultant for professional Services and reimbursable
expenses shall be based on lump sum not to exceed Fifty One Thousand Four Hundred
Dollars ($51,400) for Basic Services and Reimbursable Expenses. The rate of payment is
set out in Exhibit A, proposal and Exhibit A -1, Additional Services, which is attached
hereto and incorporated herein.
3. Except as expressly modified herein, all other terms and covenants set forth in the
Agreement shall remain the same and shall be in full force and effect.
Page 1 of 2
1" Amendment to
Perkins + Will Agreement
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed.
PERKINS + WILL
rByinl�v
/6f7
Title I h G I Q
Date TJIJtie, iv, �17i
CITY OF CUPERTINO
A Municipal Corporation
By
Direc or of Public Works, Timm Borden
RECOMMENDED FOR APPROVAL:
By �
P.W. Project Manalfer, Cann Lyanugh
9�� 1�• MI"M [
ATTEST:
By
City Clerk, Grace Schmidt
Page 2 of 2
151 Amendment to
Perkins+ Will Agreement
EXHIBIT A -1
ADDITIONAL SERVICES
PERKINS
WILL
24 May 2012
Mr, Timm Borden, Director
Public Works Department
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
185 Berry St., Suite 5100 t: 415.856.3000
San Francisco, CA 94107 t: 415.856.30 01
www.perkinswill.com
Re: Cupertino Civic Center Master Planning Services — Additional Services
Dear Timm,
Perkins +Will is pleased to submit the following proposal for Additional Services for the Cupertino
Civic Center Master Plan project. Perklns+Will is submitting this proposal for additional services in
accordance with the Master Agreement, P.O. 400057564, dated 2 February 2012.
Scope of Work
Based on conversations with the City of Cupertino, Perkins &Will will create a new alternative to
replace "Civic Health ". The new alternative will provide a Teen Center on Library Field. The new
alternative will include:
• Teen center;
• Underground parking for approximately 170 cars;
• Cricket field; and
• Soccer field, if possible,
The teen center will be sized to provide for flexible use, including a multi - purpose room. The City
shall provide Perkins +Will with a preliminary program for such a facility based on their existing
facility and other desired uses.
Perkins +Will will provide an illustrative of the alternative consistent with the alternatives shown in
the April 26, 2012 Cupertino Civic Center Master Plan Framework document, inclusive of pictures
and a brief description.
Schedule
Perkins +Will will complete the revised alternative and submit it to the City of Cupertino for review
and comment no later than Friday June 8. Based on comments received by the City no later than
June 15, Perkins +Will will finalize the alternative and the Cupertino Civic Center Master Plan
Framework document, for deliver to the City no later than June 22, 2012.
Compensation
Perkins +Will proposes to conduct the Additional Services as described above for $2,500, inclusive
of expenses. Invoicing shall be monthly and payment shall be due within thirty-days from the
invoice date.
MOR1M AMERICA I ASIA I MIDDtE EAST I AFRICA 1 EUROPE
CITY OF
CUPERTINO
Professional Consultant Services for
Civic Center Master Plan
ADDITIONAL ENCUMBERANCE NO. I
June 11, 2012
Contractor:
Perkins + Will
185 Berry Street, Suite 5100
San Francisco, CA 94107
The following change is hereby approved and request for additional encumbrance:
IA. Additional Master Plan Services per Attached Proposal
Total Additional Encumbrance No. 1
Total Project Encumbrance:
Original Contract
Additional Encumbrance No. 1
Revised Contract
ORIGINAL P.O. NUMBER:
ACCOUNT NUMBER:
APPROVED BY:
Orden, P.E.
Director of Public Works
Date � 2,
$48,900.00
$2,500.00
$51,400.00
57564
420 - 9144 -9300 - $49,900
110 - 8101 -7014 - $1,500
$2,500.00
$2,500.00
Note additional money
out of Engineering
Account
CITY OF
AGREEMENT BETWEEN CITY OF CUPERTINO AND
P.O.
PERKINS + WILL
FOR PROFESSIONAL SERVICES FOR
C U P E R CIVIC CENTER MASTER PLAN
�V+ + I
THIS AGREEMENT is made and entered into this2 .d day of iC�I-6rua , 2012 by
and between the City of Cupertino, a municipal corporation, hereinafter referred to as CITY
and Perkins + Will hereinafter referred to as CONSULTANT.
RECITALS
WHEREAS, CITY desires to obtain Perkins + Will consultant services for the Civic Center
Master Plan, (hereinafter referred to as Project); and,
WHEREAS, CITY requires certain professional services in connection with Project
(hereinafter referred to as Services); and,
WHEREAS, CONSULTANT has the necessary professional expertise, qualifications and skill
to perform the Services required and is prepared to provide such Services; and,
NOW, THEREFORE, the purpose of this Agreement is to retain Perkins + Will as
CONSULTANT to CITY to perform those Services specified in Exhibit A of this Agreement,
and the parties hereby agree as follows:
Section 1. Scope of Services
CONSULTANT shall perform those Services specified in Exhibit A, proposal, which is
attached hereto and incorporated herein.
Section 2. Term of Agreement
The term of this Agreement shall commence on January 18, 2012 and continue through
December 31, 2012. In the event that the Services called for under this Agreement are not
completed within the time specified, the CITY may extend the time for completion.
Section 3. Schedule of Performance
The Services of CONSULTANT are to be completed in a timely manner acceptable to the City.
CONSULTANT is not responsible for delays beyond CONSULTANT's reasonable control.
Section 4. Compensation
The compensation to be paid to CONSULTANT for professional Services and reimbursable
expenses shall be based on lump sum not to exceed Forty Eight Thousand, Nine Hundred
Dollars ($48,900.00) for Basic Services and Reimbursable Expenses. The rate of payment is set
out in Exhibit A, proposal, which is attached hereto and incorporated herein.
Section 5. Method of Pam
CONSULTANT shall furnish to CITY a detailed statement of the work performed for
compensation during the term of this Agreement. CONSULTANT may submit monthly
invoices for interim progress payments during the course of each phase, clearly stating as a
minimum the total Contract amount, amount paid to date, percent complete, and amount due.
Section 6. Independent Contractor
It is understood and agreed that CONSULTANT, in the performance of the Services, shall act
as and be an independent contractor and not an agent or employee of CITY; and as an
independent contractor, CONSULTANT shall obtain no rights to retirement benefits or other
benefits which accrue to CITY's employees, and CONSULTANT hereby expressly waives any
claim it may have to any such rights.
Section 7. No Third Party Rights
CONSULTANT's Services under this Agreement are intended for the sole benefit of City and
shall not create any third party rights or benefits.
Section 8. Project Coordination
A. CITY: Director of Public Works shall be representative of CITY for all purposes under
this Agreement. The Public Works Projects Manager, is hereby designated as the
Director of Public Works' designee and Project Manager, and shall supervise the
progress and execution of this Agreement.
B. CONSULTANT: CONSULTANT shall assign a single CONSULTANT Project
Manager to have overall responsibility for the progress and execution of this
Agreement for CONSULTANT. Should circumstances or conditions subsequent to the
execution of the Agreement require a substitute CONSULTANT Project Manger for
any reason, the CONSULTANT Project Manager designee shall be subject to the prior
written acceptance and approval of the City Project Manager. The designated
CONSULTANT Project Manager shall be Karen Alshuler.
Section 9. Assi ng_ ability / Subconsultants / Employ
The parties agree that the expertise and experience of CONSULTANT are material
considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in
this Agreement or the performance of any obligations hereunder, without the prior written
consent of CITY, and any attempt by CONSULTANT to so assign this Agreement or any
rights, duties, or obligations arising hereunder shall be void and of no effect.
CONSULTANT shall be responsible for employing or engaging all persons necessary to
perform the Services of CONSULTANT hereunder. No subconsultant of CONSULTANT will
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Perkins+ Will 2
be recognized by CITY as such; rather, all subconsultants are deemed to be contractors of
CONSULTANT, and it agrees to be responsible for their performance. CONSULTANT shall
give its collective professional attention to the fulfillment of the provisions of this Agreement
by all of its employees and subconsultants, if any, and shall keep the work under its control. If
any employee or subconsultant of CONSULTANT fails or refuses to carry out the provisions of
this Agreement or appears to be incompetent or to act in a disorderly or improper manner, such
employee or subconsultant shall be discharged immediately from the work under this
Agreement on demand of CITY.
Section 10. Indemnification
A. Claims for Professional Liability. Where the law establishes a standard of care for
CONSULTANT's professional services, and to the extent the CONSULTANT
breaches or fails to meet such established standard of care, or is alleged to have
breached or failed to meet such standard of care, CONSULTANT shall, to the fullest
extent allowed by law, with respect to all services performed in connection with the
Agreement, indemnify, defend, and hold harmless CITY and its officers, officials,
agents, employees and volunteers from and against any and all liability, claims,
actions, causes of action or demands whatsoever against any of them, including any
injury to or death of any person or damage to property or other liability of any
nature, that arise out of, pertain to, or relate to the negligence, recklessness, or
willful misconduct of CONSULTANT or CONSULTANT's employees, officers,
officials, agents or independent contractors. Such costs and expenses shall include
reasonable attorneys' fees of counsel of CITY's choice, expert fees and all other
costs and fees of litigation. CONSULTANT shall not be obligated under this
Agreement to indemnify CITY to the extent that the damage is caused by the sole or
active negligence or willful misconduct of CITY, its agents or employees.
B. Claims for Other Liability. CONSULTANT shall, to the fullest extent allowed by
law, with respect to all services performed in connection with the Agreement,
indemnify, defend, and hold harmless CITY and its officers, officials, agents,
employees and volunteers against any and all liability, claims, actions, causes of
action or demands whatsoever from and against any of them, including any injury to
or death of any person or damage to property or other liability of any nature, that
arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of CONSULTANT or CONSULTANT's employees, officers, officials,
agents or independent contractors. Such costs and expenses shall include reasonable
attorneys' fees of counsel of CITY's choice, expert fees and all other costs and fees
of litigation. CONSULTANT shall not be obligated under this Agreement to
indemnify CITY to the extent that the damage is caused by the sole or active
negligence or willful misconduct of CITY, its agents or employees.
C. Claims involving intellectual property. In addition to the obligations set forth in (A)
and (B) above, CONSULTANT shall indemnify, defend, and hold CITY, its elected
and appointed officers, employees, and volunteers, harmless from and against any
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. Claim in which a violation of intellectual property rights, including but not limited
to copyright or patent rights, is alleged that arises out of, pertains to, or relates to
CONULSTANT's negligence, recklessness or willful misconduct under this
Agreement. Such costs and expenses shall include reasonable attorneys' fees of
counsel of CITY's choice, expert fees and all other costs and fees of litigation.
Section 11. Insurance Requirements
CONSULTANT shall furnish to CITY, within 15 days following the execution of this
Agreement, the required certificates and endorsements to provide CITY satisfactory proof that
CONSULTANT has taken out for the entire period required by this Agreement, as further
described below, the following insurance and endorsements, in a form satisfactory to CITY
and with an insurance carrier satisfactory to CITY, authorized to do business in California and
rated by A. M. Best & Company "A" or better, financial category size FSC Class VII or better
or that is otherwise acceptable to CITY, which will protect those described below from claims
described below which arise or are alleged to have arisen out of or result from the acts, errors
or omissions of CONSULTANT for which CONSULTANT may be legally liable, whether
performed by CONSULTANT, or by those employed directly or indirectly by it, or by anyone
for whose acts CONSULTANT may be liable:
A. Workers' Compensation and Employer's Liability Insurance:
Workers' compensation insurance indicating compliance with State's workers'
compensation laws and employer's liability insurance with a minimum of one million
dollars ($1,000,000.00) per accident for injury, death or disease to any employee. The
policy shall contain an endorsement waiving all rights of subrogation against CITY, its
officers, officials, employees or volunteers. In the event CONSULTANT is self -
insured, it shall furnish Certificate of Permission to Self- Insure signed by Department of
Industrial Relations Administration of Self- Insurance, State of California.
B. Professional Liability, General Liability and Automobile Liability Coverage:
1. Automobile Liability Insurance shall include coverage for bodily injury and
property damage for owned (if any), hired and non -owned vehicles and shall not
be less than one million dollars ($1,000,000.00), combined single limit for any
one occurrence.
2. Comprehensive or Commercial General Liability Insurance shall include
coverage for bodily injury, property damage and personal injury for premises
operations, product/completed operations and contractual liability. The amount
of the insurance shall not be less than one million dollars ($1,000,000.00) per
occurrence and two million dollars ($2,000,000.00) aggregate, combined single
limit. (Claims made policies are not acceptable.) CONSULTANT shall also
provide aggregate limits per project endorsement and primary insurance
endorsement.
3. Professional liability Insurance (including Contractual Liability) shall include
coverage for claims for professional acts, errors or omissions and shall not be
less than one million dollars ($1,000,000.00) per claim, and two million dollars
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($2,000,000.00) in the aggregate. This coverage shall be maintained for a period
of 5 years after completion of the Agreement.
C. Additional Insurance Provisions
1. CITY shall have the right to inspect or obtain a copy of the original policies of
insurance.
2. On CONSULTANT's Commercial General Liability policy and Automobile
Liability Policy, CITY of Cupertino and their affiliates, directors, officers, officials,
partners, representatives, employees, consultants, subconsultants and agents, shall
be named as additional insured, but only with respect to liability arising out of work
or operations performed by or on behalf of CONSULTANT including materials,
parts or equipment furnished in connection with such work or operations. General
liability coverage can be provided in the form of an endorsement to
CONSULTANT's insurance (at least as broad as ISO Form CG 20 37 07 04 or CG
20 10 11 85).
3. The general and auto liability policies shall be endorsed to provide primary
insurance coverage for all claims related to the Services provided under this
contract.
4. The certificate of insurance shall state the policy will not be cancelled without thirty
(30) days prior written notice to CITY.
5. All policies, endorsements, certificates, and /or binders shall be subject to approval
by CITY as to form and content. These requirements are subject to amendment or
waiver if so approved in writing by CITY.
6. If CONSULTANT fails to maintain any required insurance, CITY may take out
such insurance, and deduct and retain amount of premium from any sums due
CONSULTANT under this Agreement.
7. Professional liability insurance coverage is required if CONSULTANT is providing
a service regulated by the State of California or if required by CITY.
Section 12. Nondiscrimination
CONSULTANT shall not discriminate, in any way, against any person on the basis of race,
sex, color, age, religion, sexual orientation, disability, ethnicity, or national origin in connection
with or related to the performance of this Agreement.
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Section 13. Termination
A. CITY or CONSULTANT shall have the right to terminate this Agreement without
cause, by giving not less than thirty (30) days prior written notice of termination.
B. If CONSULTANT fails to perform any of its material obligations under this
Agreement, in addition to all other remedies provided by law, CITY may terminate this
Agreement upon thirty (30) days prior written notice if CONSULTANT fails to take
steps to correct such failure within the notice period.
C. The Director of Public Works is authorized to terminate this Agreement on behalf of
CITY.
D. In the event of termination, CONSULTANT shall deliver to CITY, copies of all reports,
documents, and other work performed by CONSULTANT under this Agreement, and
upon receipt thereof, CITY shall pay CONSULTANT for Services performed and
reimbursable expenses incurred to the date of termination.
Section 14. Governing Law
CITY and CONSULTANT agree that the law governing this Agreement shall be that of the
State of California.
Section 15. Compliance With Laws
Consistent with its professional standard of care, CONSULTANT shall comply with all
applicable federal, state, and local laws, rules, regulations, orders, codes, criteria and standards.
CONSULTANT shall procure the permits, certificates, and licenses necessary to allow
CONSULTANT to perform the Services described in Exhibit A. CONSULTANT is required
to pay prevailing wage where applicable.
Section 16. Confidential Information
All data, documents, discussions, or other information developed or received by or for
CONSULTANT in performance of this Agreement are confidential and not to be disclosed to
any person except as authorized by CITY, or as required by law.
Section 17. Ownership of Materials.
Any interest (including copyright interests) of CONSULTANT or its subconsultants, in
studies, reports, memoranda, computational sheets, plans, plans or any other documents
(including electronic media) prepared by CONSULTANT or its subconsultants at any time in
connection with the Services, shall be immediately upon its creation, the property of CITY.
To the extent permitted by Title 17 of the United States Code, work product produced under
this Agreement shall be deemed works for hire and all copyrights in such works shall be the
property of CITY. In the event that it is ever determined that any work and any former works
created by CONSULTANT or its subconsultants under this Agreement are not works for hire
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under U.S. law, CONSULTANT hereby assigns to CITY all copyrights to such works when
and as created. With CITY's prior written approval, CONSULTANT may retain and use
copies of such works for reference and as documentation of experience and capabilities.
Electronic and hard copies of CONSULTANT's work product shall constitute the Project
deliverables. Plans to be in CAD and PDF formats, and other documents to be in Microsoft
Word and PDF formats. CITY holds CONSULTANT harmless for any reuse of or
modification to the documents.
Section 18. No Waiver.
The granting of any payments, and any inspections, reviews, approvals or oral statements by
any CITY representative, or certification by any governmental entity, shall in no way limit
CONSULTANT's obligations under this Agreement. Either party's waiver of any breach, or
the omission or failure of either party, at any time, to enforce any right reserved to it, or to
require strict performance of any provision of this Agreement, shall not be a waiver of any
other right to which any party is entitled, and shall not in any way affect, limit, modify or waive
the parry's right thereafter to enforce or compel strict compliance with every provision hereof.
This Agreement may not be modified, nor may compliance with any of its terms be waived,
except by written instrument executed and approved by fully authorized representatives of
CITY and CONSULTANT.
Section 19. CONSULTANT's Books and Records
A. CONSULTANT shall maintain any and all ledgers, books of accounts, invoices,
canceled checks, and other records or documents evidencing or relating to charges for
Services, or expenditures and disbursements charged to CITY for a minimum period of
three (3) years, or for any longer period required by law, from the date of final payment
to CONSULTANT pursuant to this Agreement.
B. CONSULTANT shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for any
longer period required by law, from the date of termination or completion of this
Agreement.
C. Any records or documents required to be maintained pursuant to this Agreement shall
be made available for inspection or audit, at any time during regular business hours,
upon written request by the City Attorney, City Manager, or a designated representative
of any of these officers. Copies of such documents shall be provided to CITY for
inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is
mutually agreed upon, the records shall be available at CONSULTANT's address
indicted for receipt of notice in this Agreement.
B. Where CITY has reason to believe that such records or documents may be lost or discarded
due to dissolution, disbandment, or termination of CONSULTANT's business, CITY may,
by written request by any of the above -named officers, require that custody of the records
be given to CITY and that the records and documents be maintained in City Hall. Access to
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such records and documents shall be granted to any party authorized by CONSULTANT,
CONSULTANT's representatives, or CONSULTANT's successor -in- interest.
Section 20. Interest of CONSULTANT
CONSULTANT covenants that it presently has no interest, and shall not acquire any interest,
direct or indirect, financial or otherwise, which would conflict in any manner or degree with the
performance of the Services hereunder. CONSULTANT further covenants that, in the
performance of this Agreement, no subconsultant or person having such an interest shall be
employed. CONSULTANT certifies that no one who has or will have any financial interest
under this Agreement is an officer or employee of CITY. It is expressly agreed that, in the
performance of the Services hereunder, CONSULTANT shall at all times be deemed an
independent CONSULTANT and not an agent or employee of CITY.
Section 21. Gifts
A. CONSULTANT is familiar with CITY's prohibition against the acceptance of any gift
by a CITY officer or designated employee, which prohibition is found in CITY
Administrative Procedures.
B. CONSULTANT agrees not to offer any CITY officer or designated employee any gift
prohibited by the Administrative Procedures.
C. The offer or giving of any prohibited gift shall constitute a material breach of this
Agreement by CONSULTANT. In addition to any other remedies, CITY may have in
law or equity, CITY may terminate this Agreement for such breach as provided in
Section 13 of this Agreement.
Section 22. Notices
All notices and other communications required or permitted to be given under this Agreement
shall be in writing and shall be personally served or mailed, postage prepaid and return receipt
requested, addressed to the respective parties as follows:
To CITY: Carmen Lynaugh
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Office: 408 - 777 -3215
Cell: 408 - 857 -1350
e -mail: carmenl @cupertino.org
To CONSULTANT: Karen Alschuler
Perkins + Will
185 Berry St., Lobby One, Suite 5100
San Francisco, CA 94107
Office: 415 -546 -2906
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Cell: 415- 298 -5659
e -mail: Karen.alshuler @perkinswill.com
Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days
after deposit in the mail.
Section 23. Venue
In the event that suit shall be brought by either party hereunder, the parties agree that venue
shall be exclusively vested in the state courts of the County of Santa Clara, or where otherwise
appropriate, exclusively in the United States District Court for the Northern District of
California, San Jose, California.
Section 24. Agreement Binding/Prior Agreements and Amendments
The terms, covenants, and conditions of this Agreement shall apply to, and shall bind, the
heirs, successors, executors, administrators, assigns, and subconsultants of both parties.
This Agreement, including all Exhibits attached hereto, represents the entire understanding of
the parties as to those matters contained herein. No prior oral or written understanding shall be
of any force or effect with respect to those matters covered hereunder.
This Agreement may only be modified by a written amendment duly executed by the parties to
this Agreement.
Section 25. Costs and Attorneys Fees
The prevailing party in any action brought to enforce the terms of this Agreement or arising
out of this Agreement may recover its reasonable costs and attorneys' fees expended in
connection with such an action from the other party.
Section 26. Electronic Transmission of Information
From time to time, CONSULTANT may be directed to transmit information to CITY, or
CITY's other Consultants, or CITY's Contractor via electronic transmission. CITY, or CITY's
other Consultants, or CITY's Contractor shall not be entitled to and CITY hereby agrees not to
alter or modify any such information without the express consent of CONSULTANT.
Similarly, CITY, or CITY's other Consultants, or CITY's Contractor shall not use any
information for any purpose not expressly covered by this Agreement. CONSULTANT shall
not be responsible for any destruction or corruption of such information during or after
transmission to CITY, or CITY's other Consultants, or CITY's Contractor and shall be entitled
to appropriate additional compensation in the event re- transmission or re- creation is required.
Notwithstanding the foregoing, CITY's Contractor may use electronically transmitted
information to prepare submittals, as -built drawings and record drawings. CONSULTANT
shall not be responsible for any changes made by the Contractor or for the Contractor's work
product.
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Section 27. Dispute Resolution
Any dispute related to the Services hereunder shall be resolved by the parties pursuant to
applicable law.
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P.O. # Ujo V—
WITNESS THE EXECUTION HEREOF on the day and year first herein above written.
P O AS TZF RM:
City Attorney, Carol Korade
CITY OF CUPERTINO
a municipal corporation
By:. —�
data 2 (�-
°- Erector of Public Works, Timm Borden
Attest:
�t date
City Clerk, KZwbog
NOTARY PUBLIC CERTIFICATION Cn" 5-ck4V140
State of California
qounty
O'a-r�
On—d_31 / m O 1 /_y 2012, before
mMe gim CL V, + ,
Notary ublic, ersonally appeared
Kare.� � J�is�l� uler
who proved to me on the basis of
satisfactory evidence to be the person (s)
whose name (s) is / are subscribed to the
within instrument and acknowledged to
me that he / she / they executed the same
in his / her / their capacity (ies), and that
by his / her / their signature (s) on the
instrument the person (s) or the entity
upon behalf of which the person (s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY
under the laws of the State of California
that the foregoing paragraph is true and
correct.
ZSIZgnatu ffcial seal.
e of Notary ublic
CC Master Plan MEGHAN J. STUART
Agreement La....ma Commission # 1892922
Notary Public - California 1 1
=
Perkins+ Will San FranCI8C0 County
Comm. Expires Jul 15, 2014
10300 Torre Avenue
Cupertino, CA 95014
408 - 777 -3223
CONSULTANT
(V
PERKINS + WILL
By:
Date: , 2011
Name:mER4� A%-s o Lv-4-
Title: �� 4 C its -L,
Tax 1. D. No.: 1(a — zal1)58
185 Berry St., Lobby One, Suite 5100
San Francisco, CA 94107
Contract Amount: $48,900
Account No.: 420 - 9144 -9300
1��1�
EXHIBIT A
185 Berry St., Suite 5100 t: 415.856.3000
San Francisco, CA 94107 f: 415.856.3001
www.perkinswill.com
PERKINS
WILL
9 January 2012
Mr. Terry W. Greene
Acting City Architect
Public Works Department
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Re: Cupertino Civic Center Master Planning Services
Dear Terry,
We are pleased to submit the following proposal to conduct Phase One services for the preparation
of a master plan for Cupertino's Civic Center.
This proposal is organized into the following sections:
A. Project Understanding
B. Scope of Services
C. Assumptions
D. Schedule
E. Compensation
A. Project Understanding
The Cupertino Civic Center is a place of public assembly and community facilities serving the
entire Cupertino community. It includes City Hall, Community Hall, Cupertino Library and City
Hall Field as well as surface parking lots serving these facilities.
Perkins +Will will provide planning and design services to better understand the current challenges
facing the civic center and to begin to frame some phased improvements to meet those
challenges. The issues begin with the initial City Council concern with what is seen as insufficient
parking at peak times, the conflicts that arise between and among uses and the desire to support
the very important role the library plays in the broader community. At the same time, the
ramifications of structural challenges at City Hall, which also serves as an Emergency Operations
Center (EOC), have begun to raise broader questions about that building in relation to City needs
and civic center potentials (this issue discussed under a separate Scope of Work). The result is the
authorization of a first step in development of a Civic Center Master Plan.
Based on our understanding, the planning and design effort will emphasize the following:
• Understand Site Issues and Potentials, including Parking. This effort includes more fully
understanding the site issues and the completion of an agreed upon list of working
assumptions as to setting and needs. This will involve a review of interrelated uses at the
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EXHIBIT A
Perkins +Will
Page 2 of 6
Civic Center in terms of potentials for increased parking, shared parking and other parking
approaches, such as tailored time of day solutions.
Engage a City Staff Working Group. Perkins +Will will engage City staff to understand
existing conditions and challenges; consider solutions, potential improvements and trade-
offs of one improvement over another; and forge a shared vision for improvements to the
Cupertino Civic Center. Perkins +Will proposes engaging the City Council in such a
discussion in a later phase of work.
Think and Implement Incrementally. This effort recognizes that all potential improvements
should be achievable on a phased and incremental basis with clear priorities for action.
B. Scope of Services
Perkins +Will proposes a two- phased approach to the Cupertino Civic Center Master Plan update as
summarized below, with the Scope of Service for Phase One described in more detail below.
Phase One: Analysis and Refined Alternatives
• Task 1. Phase One Project Initiation and Kick -Off Meeting
• Task 2. Site Analysis, Opportunities and Constraints
• Task 3. Parking Analysis and Solutions
• Task 4. Preliminary Concepts and Working Charrette
• Task 5. Refined Alternatives, Documentation and Next Steps
Phase Two: Preferred Alternative (to be refined as part of Task 5 — Next Steps), to possibly
include:
• Refined Alternatives incorporating City Hall Study Findings
• Evaluation of Alternatives (e.g. parking demand, cost estimate, open space /recreation
potential)
• Public Engagement (e.g. Working Group, City Council, library staff and other users,
community -at- large)
• Preferred Alternative, including Renderings, Cost Estimate and Implementation Strategy
Phase One: Analysis and Refined Alternatives
Task 1. Phase One Project Initiation and Kick -Off Meeting
The Perkins +Will (P +W) Team will meet with City staff to discuss work scope, project schedule
and communications protocol as well as goals for the Civic Center and site issues and constraints,
including parking constraints. At the meeting, the P +W Team and City staff will identify working
assumptions, such as the status of City Hall, library use, park use and surrounding development.
The meeting will include a walking tour of the site to identify site features, opportunities and
constraints.
As part of Project Initiation, the City will provide the P +W Team with all pertinent base
information, including AutoCAD and GIS files as well as parking spaces counts for all lots. The
City will also provide a summary of all City- adopted plans, policies, guidelines and standards
pertinent to the Civic Center area. The City will also identify a Working Group, made up of
representatives of City departments, to work with the P +W Team. Such a team will provide a
comprehensive understanding of site issues, opportunities and constraints and be an integral part
in brainstorming solutions. The Working Group should participate in the Kick -Off Meeting as well
as the Working Charrette (Task 3).
www.perkinswill.com
EXHIBIT A
Perkins +Will
Page 3 of 6
As part of this task, Perkins +Will will prepare a base map for use in subsequent tasks. Such a base
map could be an annotated aerial, with AutoCAD and GIS files serving as reference materials.
Task Deliverables:
• Base Map
• Meeting Materials and Notes
Task 2. Site Analysis, Opportunities and Constraints
Based on a site reconnaissance, City comments, and review of materials provided by the City,
Perkins +Will will prepare site opportunities and constraints diagram(s), in plan view and including
site sections and existing conditions photos as appropriate. The analysis will set the foundation
for understanding and considering potential improvements to the Civic Center complex. It will
consider salient site features, circulation patterns, critical pathways and use patterns on site as
well as the site's broader context and adjacencies. The analysis will incorporate findings from the
Task 3. Parking Analysis.
Task Deliverables:
• Site Analysis, Opportunities and Constraints mapping, in plan view and including sections
and photos as appropriate
Task 3. Parking Analysis and Solutions
Concurrent with Task 2, the Perkins +Will Team's transportation consultant, Fehr & Peers (F &P),
will conduct a parking survey and develop parking solutions.
Parking Surveys
At the civic center, parking shortages occur on weekday afternoons. Fehr & Peers will conduct a
site visit on a weekday afternoon between approximately 2:00 and 4:00 pm to observe the number
of parked vehicles in the civic center parking lot and on the adjacent streets. The results will be
used to determine a rough estimate of the parking shortage.
Optional Task
Alternatively, a more - robust survey effort could be done to measure the peak parking demand (and
associated parking shortage) and to determine how parking demand fluctuates for various activity
levels at the civic center. This would entail conducting parking occupancy surveys to measure the
number of occupied parking spaces at various times of the day and days of the week. The numbers
of vehicles parked in the civic center parking lot and in the on- street spaces in the vicinity would
be counted once an hour from 12:00 noon to 5:00 pm on two weekdays when school is in session.
Two additional four -hour surveys would be conducted when there is an event at the community
center. (Survey times to be selected with city staff). The results will be used to quantify the
parking shortages. The surveys could be conducted by Fehr & Peers with a count vendor or by City
staff.
Parking Solutions
Fehr & Peers will identify potential parking solutions, and then work with Perkins +Will and City
staff to develop such solutions as part of Task 4 (described below). Solutions for parking shortages
include increasing the parking supply or managing the parking demand. The parking supply can be
increased by adding underground parking, restriping Torre Avenue to accommodate parallel or
diagonal parking, and potentially restriping the lot. Temporary supply increases can be
accomplished by using other parking facilities in the area, such as the parking spaces at Town
www.perkinswill.com
EXHIBIT A
Perkins +Will
Page 4 of 6
Center after business hours through a use agreement. Parking demand management options
include programs to encourage bicycle use, creating time limits, charging for parking, and
instituting parking cash -out programs for city employees. These solutions plus others will be
identified and will be presented with descriptions on their applicability to Cupertino Civic Center
in a memorandum.
Optional Task
As an optional service, Fehr & Peers can prepare conceptual designs of diagonal or parallel parking
on Torre Avenue.
Task Deliverables:
• Memorandum summarizing parking survey findings and solutions
Task 4. Preliminary Concepts and Working Charrette
Based on the analyses above, the Perkins +Will Team will prepare up to three alternatives for
improvements to the Civic Center area, incorporating potential parking solutions. Such
alternatives will be prepared in plan view, likely in freehand. The alternatives could propose a new
City Hall with underground parking. The alternatives, in addition to the potential parking solutions
identified in Task 3, will be the basis for working charrette with the City's Working Group. The
intent of the charrette is to review goals, findings and preliminary concepts and to brainstorm and
identify preferred approaches to improving the Civic Center area, including parking.
Task Deliverables:
• Preliminary Concepts, in plan view and sections as appropriate
• Meeting Materials (in small and large format, as needed) and Notes
Task 5. Refined Alternatives, Documentation and Next Steps
Base on direction from City staff, the Perkins +Will Team will refine up to two alternatives and
summarize preferred parking solutions for the area. The alternatives will include a site plan and
explanatory diagrams addressing such features as an urban design framework, key linkages, land
use, open space amenities, circulation, parking, and service. They will be presented in plan views
and sections.
Perkins +Will will prepare a memorandum summarizing the salient features of the refined
alternatives, including the alternative drawings and associated diagrams and sections. The
memorandum will include possible next steps for Phase Two of this process. In addition, Fehr &
Peers will refine the memorandum prepared in Task 3. Both memos will be submitted to the City
for City review and comments; it is assumed that City will submit to the Consultant Team one set
of consolidated comments of the Draft Summary Memoranda.
Task Deliverables:
• Draft Summary Memorandum of Refined Alternatives for City Review
• Draft Summary Memorandum of Parking Survey Results and Parking Solutions for City
Review
• Final Summary Memoranda
www.perkinswill.com
EXHIBIT A
Perkins +Will
Page 5 of 6
C. Assumptions
• The City will provide the P +W Team with all pertinent base information, including
AutoCAD and GIS files as well as parking spaces counts for all lots.
• The City will also provide a summary of all City- adopted plans, policies, guidelines and
standards pertinent to the Civic Center area.
• Deliverables for Phase One will generally be done in plan view and sections; deliverables
for this phase of work will not include massing models or renderings
• All memoranda and meeting notes will be provided in electronic format; hard copies will
not be provided
D. Proposed Schedule
The Perkins +Will Team envisions beginning the project in mid - January, with completion of the end
of March (10 weeks). The final schedule will depend on when the project begins, with projects
ending approximately 10 weeks following the start date for the project (i.e. week of the kick -off
meeting). The schedule includes two working meetings with City Staff (Tasks 1 and 4).
• Task 1. Phase One Project Initiation and Kick -Off Meeting 2 weeks (late Jan)
• Task 2. Site Analysis, Opportunities and Constraints 2 weeks (early Feb)
• Task 3. Parking Analysis and Solutions 2 weeks (concurrent w/
Task 2)
• Task 4. Preliminary Concepts and Working Charrette 3 weeks (late Feb /early
Mar)
• Task 5. Refined Alternatives, Documentation and Next Steps 3 weeks (March)
E. Compensation
The Perkins +Will Team proposes undertaking the aforementioned Phase One Scope of Services for
a lump sum of $48,900, inclusive of expenses. The estimated breakdown of fee for services
(exclusive of Optional Tasks) follows:
• Task 1. Phase One Project Initiation and Kick -Off Meeting $9,100 estimated
• Task 2. Site Analysis, Opportunities and Constraints $8,000 estimated
• Task 3. Parking Analysis and Solutions $7,500 estimated
• Task 4. Preliminary Concepts and Working Charrette $15,000 estimated
• Task 5. Refined Alternatives, Documentation and Next Steps $9,300 estimated
www.perkinswill.com
EXHIBIT A
Perkins +Will
Page 6 of 6
Additional Services outside of the scope of this proposal will be performed with the written
authorization of the Owner.
Sincerely,
Mark Hoffheimer
Senior Project Manager, Perkins +Will
Enclosures: Fehr & Peers Proposal dated 12/15/11
CC: Karen Alschuler, Perkins + Will
Susan Seastone, Perkins + Will
Geeti Silwal, Perkins + Will
File
www.perkinswill.com
EXHIBIT A
FEHR�'PEERS
December 15, 2011
Mark Hoffheimer
Perkins + Will
185 Berry St., Lobby One, Suite 5100
San Francisco, CA 94107
Subject: Cupertino Civic Center Master Plan — Parking Analyses P11- 2289 -SJ
Dear Mark:
This letter contains some our proposal for Fehr & Peers to assist Perkins + Will address parking issues at the
Cupertino Civic Center as part of the master planning effort. The parking analysis would encompass three
phases: (1) conducting a site visit to observe the peak parking demand period, (2) developing alternative parking
solutions, including supply increases and parking management strategies, and (3) and attending a brainstorming
session to identify a preferred solution, or combination of solutions. Each is described in more detail in the Scope
of Work section.
SCOPE OF WORK
Parking Surveys
At the civic center, parking shortages occur on weekday afternoons. The fee includes conducting a site visit on a
weekday afternoon between approximately 2:00 and 4:00 pm to observe the number of parked vehicles in the
civic center parking lot and on the adjacent streets. The results will be used to determine a rough estimate of the
parking shortage.
Alternatively, a more - robust survey effort could be done to measure the peak parking demand (and associated
parking shortage) and to determine how parking demand fluctuates for various activity levels at the civic center.
This would entail conducting parking occupancy surveys to measure the number of occupied parking spaces at
various times of the day and days of the week. The numbers of vehicles parked in the civic center parking lot and
in the on- street spaces in the vicinity would be counted once an hour from 12:00 noon to 5:00 pm on two
weekdays when school is in session. Two additional four -hour surveys would be conducted when there is an
event at the community center. (Survey times to be selected with city staff). The results will be used to quantify
the parking shortages. The surveys could be conducted by Fehr & Peers with a count vendor or by City staff.
Parking Solutions
Fehr & Peers will work with Perkins + Will and City staff to develop alternative parking solutions. Solutions for
parking shortages include increasing the parking supply or managing the parking demand. The parking supply
can be increased by adding underground parking, restriping Torre Avenue to accommodate parallel or diagonal
parking, and potentially restriping the lot. Temporary supply increases can be accomplished by using other
parking facilities in the area, such as the parking spaces at Town Center after business hours through a use
agreement. Parking demand management options include programs to encourage bicycle use, creating time
limits, charging for parking, and instituting parking cash -out programs for city employees. These solutions plus
others will be identified and will be presented with descriptions on their applicability to Cupertino Civic Center in a
memorandum. Fehr & Peers can prepare conceptual designs of diagonal or parallel parking on Torre Avenue.
160 W. Santa Clara Street, #675, San Jose CA 95113 (408) 278 -1700 Fax (408) 278 -1717
www.fehrandpeers.com
EXHIBIT A
Mark Hoffheimer
December 15, 2011
Page 2 of 2
Alternative(s) Selection
FEHR - "PEERS
Fehr & Peers will attend a brainstorming session to identify a preferred solution, or combination of solutions.
FEE ESTIMATES
The fee for conducting the site visit, developing the parking solutions memorandum, and attending the
brainstorming session is $8,300. A conceptual striping plan for Torre Avenue can be developed for $3,000. The
fee for conducting the more - robust surveys and analyzing the survey results is $5,800. Additional meeting
attendance is $1,300 per meeting.
Should you have any questions or need any additional information, please do not hesitate to call me at (408) 278-
1700 or (925) 930 -7100.
Sincerely,
FEHR & PEERS
Jane A. Bierstedt, P.E
Principal
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of SA -+J71'r c-4-A-"
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subscribed to the within instrument and acknowledged
to me that 'she /they executed the same in
/her /their authorized capacity(ies , and that by
gher /their signature,(61 on the instrument the
personK, or the entity upon behalf of which the
person o) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
KIRSTEN RENEE SOUARCIA t laws of the State of California that the foregoing
Commission #t 1906898
< " -. Notary Public - California z paragraph is true and correct.
Z Santa Clara County
My Comm. Expires Oct 4, 2014 WITNESS my hand and official seal.
Signature:
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Place Notary Seal Above Signature of Nota ublic
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Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: fk&-e-c-c-MC '7'r P�C-� )NS t V (Lj- C,( V ( L c q---N MA'grc2 Pu4/j
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Signer(s) Other Than Named Above: KArz�ni Q, X{� SG(+u�E/L
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
❑ Corporate Officer — Title(s):
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❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
0 2009 National Notary Association - NationalNotary.org - 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907
Form W"9
Request for Taxpayer
Give form to the
(Rev. October 207)
identification Number and Certification
requester. Do not
Department or the Treasuy
send to the IRS.
irr,W al Revenue Serv!ce
Nance (as shown on your incorne tax return)
Pedcii7S + Will, Inc
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Chicago, IL 60611 -3608
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Enter your TIN in the appropriate box. The TIN provided must match the name given on L ne 1 to avoid social security numr
backup withholding. For individuals, this is your social security number (SSN). However, for a be resident
alien, sole proprietor, or disregarded entity, see the Part 1 fnstructlons on page 3. For other entities, i2 is
your employer identification number (E1N). if you do not have a number, see How to get a TiN on page 3, or
Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer Identification number
number to enter. 36_ ; 2690384
Certirfication
Under penalties of perjury, I certify that
The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
I am not subject to backup withholding because: (a)1 am exempt from backup withholding, or (b) I have not been notified by the internal
Revenue Service (1RS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has
notified me that I am no longer subject to backup withholding, and
I am a U.S, citizen or other U.S. person (defined below).
Certification instructions. You must cross out Rem 2 above if you have been notified by the IRS that you are currently subject to backup
withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, Item 2 does not apply.
For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement
arrangement (IRA), and generally, payments inter and dividends, you are not required to sign the Certification, but you must
provide your correct TIN. See tf)e instruclK on
of Here us person Date >
General Instructions (1/
Section references are to the Internal Revenue Code unless
otherwise noted.
Purpose of Form
A person who is required to file an information return with the
IRS must obtain your correct taxpayer identification number (TIN)
to report, for example, income paid to you, real estate
transactions, mortgage interest you paid, acquisition or
abandonment of secured property, cancellation of debt, or
contributions you made to an iRA.
Use Form W -9 only it you are a U.S. person [including a
resident affen), to provide your correct TIN to the person
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3. Claim exemption from backup withholding if you are a U.S_
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a U.S. trade or business Is not subject to the withholding tax on
foreign partners' share of effectively connected income.
Note. if a requester gives you a form other than Form W -9 to
request your TIN, you must use the requester's foam if it is
substantially similar to this Form W -9.
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considered a U.S. person if you are:
• An individual who is a U.S. citizen or U.S. resident alien,
• A partnership, corporation, company, or association created or
organized in the United States or under the laws of the United
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• A domestic trust (as defined in Regulations section
301.7701 -7).
Special rules for partnerships. Partnerships that conduct a
trade or business in the United States are generally required to
pay a withholding tax on any foreign partners' share of income
from such business. Further, in certain cases where a Form W -9
has not been received, a partnership is required to presume that
a partner is a foreign person, and pay the withholding tax..
Therefore, if you are a U.S. person that is a partner In a
partnership conducting a trade or business in the United States,
provide Form W -9 to the partnership to establish your U.S.
status and avoid withholding on your share of partnership
income.
The person who gives Form W -9 to the partnership for
purposes of establishing its U-S. status and avoiding withholding
on its allocable share of net income from the partnership
conducting a trade or business in the United States is in the
following cases:
• The U.S, owner of a disregarded entity and not the entity,
Cat No. 10231X Form W -9 (Rev. 10 -2007)
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255
TELEPHONE: (408) 777 -3223 • FAX: (408) 777 -3366
WEBSITE: www.cupertino.org
CUPERTINO
October 31, 2012
Perkins & Will
185 Berry Street, Suite 5100
San Francisco, CA 94107
Enclosed for your records is a fully executed original copy of the agreement with the City of
Cupertino. If you have any questions, please contact the Public Works Department at (408) 777-
3354.
Sincerely,
Brittany Morales -Caj
Acting Senior Office
City Clerk's Office
Enclosure
cc: Public Works
CITY OF
CUPERTINO
e �KI
Contractor:
Perkins + Will
Professional Consultant Services for
Civic Center Master Plan
ADDITIONAL ENCUMBERANCE NO. 2
185 Berry Street, Suite 5100
San Francisco, CA 94107
September 21, 2012
The following change is hereby approved and request for additional encumbrance:
2A. Additional Master Plan Services to provide cost
estimating per Attached Proposal
Total Additional Encumbrance No. 2
Total Project Encumbrance:
Original Contract
Additional Encumbrance No. 1
Additional Encumbrance No. 2
Revised Contract
ORIGINAL P.O. NUMBER:
$48,900.00
$2,500.00
$49,900.00
$101,300.00
57564
ACCOUNT NUMBER: 420 - 9144 -9300 - $49,900
Additional Encumbrance No. 1 110- 8101 -7014 - $1,500 V'
Additional Encumbrance No. 2 110 - 8101 -7014 - $ 49,900
APPROVED BY:
imm B r en, P.E.
Director of Public Works
Date /o io /Z
$49,900.00
$49,900.00
" v 1�
4A01 011�
Note additional move
out of Engineering
Account
SECOND AMENDMENT TO CONSULTANT SERVICES AGREEMENT
BETWEEN THE CITY OF CUPERTINO AND PERKINS + WILL FOR
PROFESSIONAL SERVICES FOR CIVIC CENTER MASTER PLAN
This Second Amendment to the Consultant Services Agreement between the City of
Cupertino and Perkins + Will, for reference dated September 21, 2012, is by and between
the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and Perkins +
Will a California corporation whose address is 185 Berry Street, Lobby One, Suite 5100,
San Francisco, CA, 94107 (hereinafter "Consultant "), and is made with reference to the
following:
RECITALS:
A. On February 2nd, 2012, an agreement was entered into by and between City and
Perkins + Will (hereinafter "Agreement ").
B. On May 20, 2012, the first amendment to this agreement was entered into by and
between City and Perkins + Will (hereinafter "1St Amendment ").
C. City and Consultant desire to modify the Agreement on the terms and conditions set
forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as
follows:
1. Paragraph 1 of the Agreement is modified to read as follows:
Consultant shall perform those Services specified in Exhibit A, proposal and Exhibit A -1
and Exhibit A -2, Additional Services, which is attached hereto and incorporated herein.
2. Paragraph 4 of the Agreement is modified to read as follows:
The compensation to be paid to Consultant for professional Services and reimbursable
expenses shall be based on lump sum not to exceed One Hundred and One Thousand
Three Hundred Dollars ($101,300) for Basic Services and Reimbursable Expenses. The
rate of payment is set out in Exhibit A, proposal and Exhibit A -1 and Exhibit A -2,
Additional Services, which is attached hereto and incorporated herein.
3. Except as expressly modified herein, all other terms and covenants set forth in the
Agreement shall remain the same and shall be in full force and effect.
Pagel of 2
2 "d Amendment to
Perkins + Will Agreement
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed.
PERKINS + WILL
—,G
Title �� L
Date
CITY OF CUPERTINO
A Municipal Corporation
By
Direc or of Public Works, Timm Borden
RECOMMENDED F R APPROVAL:
By
P.W. Project Manl4er, Ca e Lyanugh
AP VEDA TO FO
By
City, orney, Carol Korade
ATTEST: j
By
City Clerk, Grace Schmidt
Page 2 of 2
2 "d Amendment to
Perkins + Will Agreement
EXHIBITA,-2
PERKINS
s°WILL
21 September 2012
Mr. Timm Borden, Director
Public Works Department
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
185 Berry St., Suite 5100 t; 415.856.3000
San Francisco, CA 94107 f: 415.856.3001
www.perkinswill.com
Subject: Cupertino Civic Center Master Planning Services — Additional Services 2
Attachment: FP140- 2012 -083 Cupertino Civic Center
.Dear Timm,
Perkins +Will is pleased to submit the following proposal for Additional Services for the Cupertino
Civic Center Master Plan project. Perkins +Will is submitting this proposal for additional services in
accordance With the Master Agreement, P.O. #00057564, dated 2 February 2012.
Scope of Work
Based on conversations with the City of Cupertino, Perkins +Will will provide additional services to
support the development of cost estimates for three Civic Center alternatives, each including a
specified building assumption. This effort will also include supporting a study session with the City
Council. The updates to the urban design report will be performed later and under a separate add -
services request. The scope and fee components of each of these tasks are outlined below.
1) Architectural Preparation: $17,500
a. Meet with City Staff to discuss the Operational Upgrade to City Hall (relocation of
Planning/Building Services and Public Counter to lobby level and relocation of another
department to basement).
b. Discuss and agree on the Structural and Accessibility Modifications to City Hall,
with no EOC requirement upgrades.
2) Cost Estimation: $28,000 (including $8,500 for Cost Estimator — see attached PDF)
a. Mobilize cost estimator prior to meeting with the City Staff
b. Coordinate with the Cost Consultant to answer questions and provide clarifications for
each of*the Alternatives.
c. Attend up to 2 coordination meetings/ conference calls with the City Staff and Cost
Consultant to agree on the assumptions and process and have an interim progress
check -in to address comments or questions.
d. Details of the Cost Consultant's scope are outlined in their attached proposal.
3) Study Session Preparation and Participation: $4,400
Perkins +Will will attend a meeting with the City staff to help them develop an outline of the
presentation to the City Council. Based on that input it will be the City's responsibility to
NOR1H AMERICA 1 ASIA I MIDDLE EASY I AFRICA I EUROPE
Perkins +Will
Page 2 of 2
develop the presentation and Perkins +Will be able to supply to the City the graphics already
done as part of the urban design study report. This task also accommodates attendance by
Karen Alschuler and Kamala Subbarayan at the City Council meeting.
Schedule
Perkins +Will, work with the City staff and the Cost Consultant to get deliverables, comments and
feedback in -time to meet their December 18th 2012 City Council meeting. Once the scope of work
and fee is approved a more detail schedule will be developed agreed to by all parties.
Compensation
Perkins +Will proposes to conduct the Additional Services as described above for a total of
$49,900, inclusive of expenses. Invoicing shall be monthly and payment shall be due within
thirty -days from the invoice date.
If the City of Cupertino concurs with the scope of services and compensation amount stated in this
proposal and wishes Perkins +Will to proceed, then please sign both original copies of this letter
and return one to -our -office.
We are happy to discuss and clarify this proposal with you.
Sincerely,
Kamala Subbarayan, LEED AP, AICP
Urban Design Studio Director
Perkins +Will
Accepted by:
Borden, Director
Public Works Department
City of Cupertino
Cc: Karen Alschuler, File
www.perkinswill.com
a 415.981.1004 let Davis La n g d o n 300 California
Street 415.961.1418 fax
An AECOM Company suite 600
San Francisco, CA 94104
www.davislangdon.com
www.ascom.com
September 12, 2012
Kamala Sulakshini Subbarayan
Perkins + Will
185 Berry Street
Lobby One, Suite 5100
San Francisco CA 94107
Cupertino Civic Center
Master Plan Alternatives
Cupertino, California
Dear Kamala,
FP140- 2012 -083
Thank you for inviting us to submit a proposal for cost consulting services on this project.
We understand that the project comprises a master planning study for the City of Cupertino's Civic
Center. Your office has prepared a study proposing four treatment options for the existing city hall
(including replacement), as well as three alternative for enhancing the Civic Center, including site
work and a potential new teen center and community center.
For this project we propose the following services:
Program /concept stage:
• Develop budget cost models for proposed buildings based upon program documents and
concept sketches. The cost model will include all elements of the building construction cost
including architectural, structural, interiors, mechanical and electrical systems. The cost
models will be prepared in the Davis Langdon component format for comparison to
benchmark cost data and to prepare for design stage cost management.
• Develop master plan level estimates for site work for the four alternatives.
• Revise the cost plan alternatives based on comments from your office and the City.
• Develop budgeting for soft costs for the given alternatives.
• Provide allowance to attend two meetings with City representatives. Conference calls of up
to two hours duration are included in the base fee of $6,500.
Our fixed fee for the above services is $8,500, and may be broken down as follows:
Program /Concept Design Stage: $ 6,500
Two Meetings (optional): $ 2,000
Total Fee: $ 8,500
Davis Langdon
An AECOM Company
The fees are valid for ninety days from the date of this proposal. Should any of the above tasks be
deleted from our scope of services, we reserve the right to adjust the above fees, to reflect possible
resultant changes to the scope of the remaining service.
The fee assumes that drawings, specifications and reports required for the performance of our work
will be provided in hard -copy form and electronically, at no cost to Davis Langdon. Should you
require printed copies of our opinions of probable construction cost, this fee assumes that we will
provide a maximum of six copies of each report. Reimbursable expenses, including reprographics
charges, travel beyond a 100 -mile radius of this office and interstate - shipping Charges will be
charged at cost plus 10.00 %.
All other services, including additional estimates, revisions to completed estimates, use of different
estimating formats, additional meeting attendance, value engineering, reconciliation with cost
estimates prepared by other parties beyond that specifically included above, or bidding and
construction phase services will be considered additional services. Unless otherwise agreed prior to
the work being carried out, our fees for any additional services will be based on time expended at
our normal billing rates prevailing at the time the work is carried out. Currently, these hourly rates
are:
Directors $255.00 - $315.00
Associate Directors $205.00 - $285.00
Senior Associates $180.00 - $210.00
Associates $130.00 - $185.00
Cost Planners $ 85.00 - $120.00
Unless otherwise agreed, we request a minimum of two weeks notice and the time allocated below
to complete the work for each stage. Based on our understanding of the current schedule, we
suggest the following dates for the formal submittals of our service:
Documents to Davis Langdon Complete Cost Plan
Conceptual Design Mid- September 2012 End October, 2012
We look forward to the opportunity of assisting you on this particular project. If you have any
questions regarding these fees, or the scope of our services, please do not hesitate to contact us.
Sincerely,
Alice Nguyen
Cupertino Civic Center
Master Plan Alternatives
September 12, 2012
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