18-217 Amendment #5 dated 7-11-22 for 10625 S, Foothill Blvd.1
FIFTH AMENDMENT TO AGREEMENT 18-217
BETWEEN THE CITY OF CUPERTINO AND
PLACEWORKS, INC, FOR PREPARATION OF IS/MND
FOR I 0625 S. FOOTHILL BLVD/STEVENS CANYON
This Fifth Amendment to Agreement 18-217 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 (“Consultant”) whose address is 3 Macarthur Pl. Ste 1100, Santa Ana,
CA 92707, and is made with reference to the following:
RECITALS:
A. On 9/20/2018 Agreement 18-217 (“Agreement”) was entered into by and between
City and Contractor for Preparation of IS/MND for I 0625 S. Foothill Blvd/Stevens Canyon.
B. On 6/20/2019, City and Consultant entered into a First Amendment to the Agreement.
C. On 6/9/2020, City and Consultant entered into a Second Amendment to the
Agreement.
D. On 7/16/2021, City and Consultant entered into a Third Amendment to the
Agreement.
E. On 7/6/2022, City and Consultant entered into a Fourth Amendment to the
Agreement.
F. The Agreement, First, Second, Third and Fourth Amendments are collectively referred
to as the “Agreement”, unless otherwise indicated.
G. 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. Paragraph 4 of the Agreement is modified to read as follows:
COMPENSATION
4.1 Maximum Compensation. City will pay Consultant for satisfactory performance of the
Basic Services and Additional Services, if approved, a cumulative total amount that will be capped
so as not to exceed $91,343.00 ("Contract Price"), as specified in Exhibit C-2, Compensation,
attached and incorporated here. The Contract Price includes all expenses ana1·eimbursernents and
will remain in place even if Consultant's actual costs exceed the capped amount. No extra work or
payment is permitted in excess of the Contract Price.
2
4.2 Basic Services. City will pay Consultant $91,343.00 ("Lump Sum Price") for the complete
and satisfactory performance of the Basic Services in accordance with Exhibit C-2. The Lump Sum
Price is inclusive of all time and expenses, including, but not limited to, subConsultant's costs,
materials, supplies, equipment, travel, taxes, overhead and profit. If the Basic Services are not fully
completed, Consultant will be compensated a percentage of the Lump Sum Price proportionate to
the percentage of Basic Services that were completed to City' s reasonable satisfaction.
4.3 Additional Services. City has the discretion, but not the obligation, to authorize Additional
Services up to an amount not to exceed $0.00. Additional Services provided to City' s reasonable
satisfaction will be compensated on a lump sum basis or based on time and expenses, in accordance
will the Hourly Rates and Reimbursable Expenses Schedules included in Exhibit C-2. If paid on an
hourly basis, Consultant will be compensated for actual costs only of normal business expenses and
overhead, with no markup or surcharge ("Reimbursable Expenses"). Consultant will not be entitled
to reimbursement for copying, printing, faxes, telephone charges, employee ove1iime, or travel to
City offices or to the Project site.
4.4 Invoices and Payments. Monthly invoices must describe the Services completed and the
amount due for the preceding month. City will pay Consultant within 30 days following receipt of a
properly submitted and approved invoice for Services. The invoice must separately itemize and
provide subtotals for Basic Services and Additional Services, and must state the percentage of
completion for each task, as specified in Exhibit C-2. City will notify Consultant in writing of any
disagreements with the invoice or the stated percentage of completion of tasks. If the disagreement
is unresolved, City will pay Consultant only for the undisputed portion of the Services. Disputed
amounts shall be subject to the Dispute Resolution provision of this Agreement.
a. Time and Expenses. For Additional Services provided on an hourly basis, each invoice
must also include, for each day of Services provided: (i) name and title of each person
providing Services; (ii) a succinct summary of the Services performed by each person; (iii)
the time spent per person, in 30 minute increments; (iv) the hourly billing rate or SubConsultant
charge and payment due; and (v) an itemized list with amounts and explanation
for all permitted reimbursable expenses.
b. Rates and Receipts. All hourly rates and reimbursable expenses must conform to the City
approved rates set forth in Exhibit C-2, which will be in effect for the entire Contract Time.
Each invoice must attach legible, dated receipts for Reimbursable Expenses.
2. Exhibit C-1 to the Agreement is replaced with Exhibit C-2, attached hereto.
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.
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
3
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
PLACEWORKS, INC
By
Title
Date
City Attorney
ATTEST:
City Clerk
Date
EXPENDITURE DISTRIBUTION
Item PO Number Amount
Original Amount 2019-336 $71,962.80
1st Amendment $0
2nd Amendment $15,922.20
3rd Amendment $0
4TH Amendment $0
5th Amendment $3,458.00
Total $91,343.00
Associate Principal
Jul 11, 2022
Christopher D. Jensen
Director of Community Development
Jul 11, 2022
Jul 11, 2022
SERVICE AUTHORIZATION
AMENDMENT NO. 5
PROJECT NO. COCU-15 DATE 07-06-22
PROJECT NAME Canyon Crossings (10625 S. Foothill Blvd. CEQA Review)
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. 5 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
September 20, 2018 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 request to prepare an Addendum for changes to project mitigation measures, this contract amendment is to supplement
the Approval and Notice of Determination task for a cost not to exceed $3,458.
This contract amendment changes the total contract amount as follows.
Previous Contract Amount: $87,885.00
Amount of this Amendment: $3,458.00
New Total Contract Amount: $91,343.00
See attached Billing Percentage Complete Table.
Exhibit C-2
Service Authorization | Page 2
CONSULTANT:
CONSULTANT PlaceWorks
STREET ADDRESS 3 MacArthur Place, Suite 1100
CITY STATE AND ZIP Santa Ana, CA 92707
AUTHORIZED
REPRESENTATIVE Terri McCracken TITLE Associate Principal
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
Billing Percentage Complete Table: Canyon Crossings Project
Tasks Labor Cost
Per Task
Expenses
Per Task
Original
Budget
Service
Agreement #1
Service
Agreement #2
Service
Agreement #5
Total Revised
Budget
Total
Invoiced
Total
Remaining
Percentage
Invoiced
Percentage
Complete
A. Project Initiation
1. Kick‐off Meeting $1,724.00 $1,724.00 $1,724.00 $1,693.20 $30.80 98% 98%
2. Status Meetings $2,407.00 $2,407.00 $3,264.00 $5,671.00 $5,599.80 $71.20 99% 99%
3. Project Management $2,642.00 $2,642.00 $2,611.20 $5,253.20 $5,237.70 $15.50 100% 100%
B. Initial Study
1. Project Description $2,948.00 $2,948.00 $2,948.00 $2,945.25 $2.75 100% 100%
2. Environmental Checklist $29,827.00 $500.00 $30,327.00 $30,327.00 $30,314.40 $12.60 100% 100%
C. CEQA Document: Mitigated Negative Declaration Option
1. Mitigated Negative Declaration $8,894.00 $8,894.00 $10,047.00 $18,941.00 $18,940.13 $0.88 100% 100%
2. Mitigation Monitoring or Reporting Program $857.00 $857.00 $857.00 $812.18 $44.82 95% 95%
3. Notice of Intent $1,061.00 $1,061.00 $1,061.00 $1,053.15 $7.85 99% 99%
4. Public Review (ERC and PC Meetings) & Response to Comments $3,703.00 $1,275.00 $4,978.00 $4,978.00 $4,954.66 $23.35 100% 100%
5. Approval (City Council Meeting) and Notice of Determination $1,908.00 $224.00 $2,132.00 $3,458.00 $5,590.00 $2,136.90 $3,453.10 38% 38%
Reimbursable Expenses $1,999.00 $1,999.00 $1,999.00 $1,894.66 $104.35 95% 95%
Contingency $0.00 $0.00 $11,993.80 $11,993.80 $12,611.03 ($617.23) 105% 105%
Total Budget $57,970.00 $1,999.00 $59,969.00 $11,993.80 $15,922.20 $3,458.00 $91,343.00 $88,193.04 $3,149.97 97% 97%
10625 S, Foothill Blvd.
Final Audit Report 2022-07-11
Created:2022-07-11
By:City of Cupertino (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAOtC2kqEdihQZYET1kmQap85u8eCjptWM
"10625 S, Foothill Blvd." History
Document created by City of Cupertino (webmaster@cupertino.org)
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Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
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Approval Date: 2022-07-11 - 7:41:44 PM GMT - Time Source: server- IP address: 73.170.27.253
Document emailed to Terri McCracken (tmccracken@placeworks.com) for signature
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Agreement completed.
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