Loading...
21-063 Amendment #1 dated 05-31-20221 FIRST AMENDMENT TO AGREEMENT 21-063 BETWEEN THE CITY OF CUPERTINO AND PLACEWORKS, INC., FOR PREPARATION OF INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION (IS/MND) FOR THE 19191 VALLCO PARKWAY OFFICE PROJECT. This First Amendment to Agreement 21-063 between the City of Cupertino and Placeworks Inc, is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and Placeworks, Inc, a corporation (“Contractor”) whose address is 3 Macarthur Pl., Ste 1100, Santa Ana, CA 92707, and is made with reference to the following: RECITALS: A. On June 8, 2021, Agreement 21-063 (“Agreement”) was entered into by and between City and Contractor for Prepare an Initial Study and Mitigated Negative Declaration (IS/MND) for the 19191 Vallco Parkway Office project. B. City and Contractor 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. SERVICES Paragraph of 2 of the Agreement is modified to read as follows: Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in Scope of Services, attached here and incorporated as Exhibit A-1. Contractor further agrees to carry out its work in compliance with any applicable local, State or Federal order regarding COVID-19. 2. Exhibit A to the Agreement is replaced with Exhibit A-1, attached hereto. 3. TIME OF PERFORMANCE Paragraph of 3 of the Agreement is modified to read as follows: 3.1 This Agreement begins on the Effective Date and ends on June 30, 2023 (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the effective date and shall be completed by June 30, 2023. The City’s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy. 3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B-1. 3.3 Time is of the essence for the performance of all the Services. Consultant must have sufficient time, resources, and qualified staff to deliver the Services on time. 2 4. Exhibit B to the Agreement is replaced with Exhibit B-1, attached hereto. 5. COMPENSATION Paragraph of 4 of the Agreement is modified to read as follows: 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $130,374.00 (“Contract Price”), based upon the scope of services in Exhibit A-1 and the budget and rates include in Exhibit C-1, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City. 4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under the Agreement. 6. Exhibit C to the Agreement is replaced with Exhibit C-1, attached hereto. 7. 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. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CITY OF CUPERTINO By Title Date APPROVED AS TO FORM City Attorney ATTEST: City Clerk Date PLACEWORKS, INC. By Title Date Associate Principal May 31, 2022 Christopher D. Jensen Director of Community Development May 31, 2022 May 31, 2022 3 EXPENDITURE DISTRIBUTION Item PO Number Amount Base 2021-484 $116,374 1st Amendment $14,000 Total $130,374 SERVICE AUTHORIZATION AMENDMENT NO. 1 PROJECT NO. COCU-21 DATE 01-13-22 PROJECT NAME VP1 Project AGREEMENT BETWEEN: CLIENT City of Cupertino CONSULTANT PlaceWorks STREET ADDRESS 10300 Torre Avenue STREET ADDRESS 3 MacArthur Place, Suite 1100 CITY STATE AND ZIP Cupetino, CA 95014 CITY STATE AND ZIP Santa Ana, CA 92707 CONTACT Jeff Tsumura CONTACT Terri McCracken Hereinafter referred to as “Client.” Hereinafter referred to as “Consultant.” This Amendment No. 1 to an existing agreement for services is made and entered into effective as of the date of signature (“Effective Date”), by and between PlaceWorks (Consultant), a California Corporation, and City of Cupertino (Client). RECITAL The Consultant desires to amend, modify and revise that certain Agreement (“Existing Agreement”) with the Client, entered into on June 8, 2021 to provide Services, as defined therein, and to now amend the Existing Agreement. Except as specifically amended by this document, all other terms and conditions of the Existing Agreement will remain in full force and effect, without modification. Now, therefore, in consideration of the above facts and of the covenants and agreement contained herein, the parties hereto agree that: Due to the revisions to the project description, the City’s update to the Climate Action Plan, and changes to the Bay Area Air Quality District’s standards for environmental review after PlaceWorks’ environmental analysis had commenced, this contract modification is to supplement the Project Management and Environmental analysis tasks for a cost not to exceed $7,792. In addition, PlaceWorks recommends adding a 5% contingency budget ($6,208) to the contract amount only to be used as approved by the City for any other unforeseen circumstances. This contract amendment changes the total contract amount as follows. Previous Contract Amount: $116,374.00 Amount of this Amendment: $14,000.00 New Total Contract Amount: $130,374.00 See attached Billing Percentage Complete Table. This contract amendment also extends the date of the contact through June 30, 2023 Exhibits A-1, B-1 & C-1 Service Authorization | Page 2 CONSULTANT: CONSULTANT PlaceWorks STREET ADDRESS 3 MacArthur Place, Suite 1100 CITY STATE AND ZIP Santa Ana, CA 92707 AUTHORIZED REPRESENTATIVE Jacqueline Protsman Rohr TITLE Associate II PlaceWork’s Authorized Representative Date CLIENT: CLIENT City of Cupertino STREET ADDRESS 10300 Torre Avenue CITY STATE AND ZIP Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE Jeff Tsumura TITLE Associate Planner Client’s Authorized Representative Date Prepare an IS/MND for 19191 Vallco Parkway Office Project Final Audit Report 2022-05-31 Created:2022-05-31 By:City of Cupertino (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAn8dRBdMC0NQclhEOq7vOXWbMp5x74Stw "Prepare an IS/MND for 19191 Vallco Parkway Office Project" Hi story Document created by City of Cupertino (webmaster@cupertino.org) 2022-05-31 - 3:09:58 PM GMT- IP address: 35.229.54.2 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2022-05-31 - 3:11:18 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2022-05-31 - 5:41:27 PM GMT - Time Source: server- IP address: 73.170.27.253 Document emailed to Terri McCracken (tmccracken@placeworks.com) for signature 2022-05-31 - 5:41:29 PM GMT Email viewed by Terri McCracken (tmccracken@placeworks.com) 2022-05-31 - 5:48:19 PM GMT- IP address: 24.7.104.241 Document e-signed by Terri McCracken (tmccracken@placeworks.com) Signature Date: 2022-05-31 - 5:48:40 PM GMT - Time Source: server- IP address: 24.7.104.241 Document emailed to Christopher D. Jensen (christopherj@cupertino.org) for signature 2022-05-31 - 5:48:43 PM GMT Email viewed by Christopher D. Jensen (christopherj@cupertino.org) 2022-05-31 - 5:57:08 PM GMT- IP address: 104.47.73.254 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2022-05-31 - 5:57:29 PM GMT - Time Source: server- IP address: 136.24.42.212 Document emailed to Benjamin Fu (benjaminf@cupertino.org) for signature 2022-05-31 - 5:57:31 PM GMT Email viewed by Benjamin Fu (benjaminf@cupertino.org) 2022-05-31 - 6:01:26 PM GMT- IP address: 104.47.73.254 Document e-signed by Benjamin Fu (benjaminf@cupertino.org) Signature Date: 2022-05-31 - 6:02:01 PM GMT - Time Source: server- IP address: 73.189.98.179 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2022-05-31 - 6:02:04 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2022-05-31 - 6:49:06 PM GMT- IP address: 104.47.73.126 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2022-05-31 - 6:49:14 PM GMT - Time Source: server- IP address: 69.110.137.176 Agreement completed. 2022-05-31 - 6:49:14 PM GMT