20-048 Amendment #4 dated 7-11-22 for 22690 Stevens Creek Blvd1
FOURTH AMENDMENT TO AGREEMENT 20-048
BETWEEN THE CITY OF CUPERTINO AND
PLACEWORKS, INC FOR IS/MND FOR 22690 STEVENS
CREEK BLVD
This Fourth Amendment to Agreement 20-048 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 May 19, 2020, Agreement 20-048 (“Agreement”) was entered into by and between
City and Contractor for IS/MND for 22690 Stevens Creek Blvd.
B. On January 21, 2021, City and Consultant entered into a First Amendment to the
Agreement.
C. On July 16, 2021, City and Consultant entered into a Second Amendment to the
Agreement.
D. On July 6, 2022, City and Consultant entered into a Third Amendment to the
Agreement.
E. The Agreement, First, Second and Third Amendments are collectively referred to as the
“Agreement”, unless otherwise indicated.
F. 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 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
$72,287 (“Contract Price”), based upon the scope of services in Exhibit A-1 and the budget and
rates included in Exhibit C-2, 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
2
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.
1. Exhibit C-1 to the Agreement is replaced with Exhibit C-2 attached hereto.
2. 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
Jul 11, 2022
Christopher D. Jensen
Director of Community Development
Jul 11, 2022
Jul 11, 2022
3
EXPENDITURE DISTRIBUTION
Item PO Number Amount
- 2020-480 $63,515
1st Amendment $5,314
2nd Amendment $0
3rd Amendment $0
4th Amendment $3,458
Total $72,287
SERVICE AUTHORIZATION
AMENDMENT NO. 4
PROJECT NO. COCU-18 DATE 07-06-22
PROJECT NAME 22690 Stevens Creek Boulevard 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 Erika Poveda CONTACT Terri McCracken
Hereinafter referred to as “Client.” Hereinafter referred to as “Consultant.”
This Amendment No. 4 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 May
19, 2020 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: $68,829.00
Amount of this Amendment: $3,458.00
New Total Contract Amount: $72,287.00
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 Erika Poveda TITLE Associate Planner
Client’s Authorized Representative Date
22690 Stevens Creek Boulevard IS/MND Budget Tracking
Tasks Labor Cost
Per Task
Expenses
Per Task
Original
Budget
Service
Agreement #1
Service
Agreement #2
Total Revised
Budget Total Invoiced Total
Remaining
Percentage
Invoiced
Percentage
Complete
A. Project Initiation and Project Management
1. Kick‐off Meeting $1,260.00 $25.00 $1,285.00 $1,285.00 $1,239.30 $45.70 96% 96%
2. Status Meetings $3,150.00 $63.00 $3,213.00 $3,213.00 $3,205.35 $7.65 100% 100%
3. Project Management $4,020.00 $80.00 $4,100.00 $4,100.00 $4,065.92 $34.08 99% 99%
B. CEQA Environmental Review
1. Project Description $2,980.00 $60.00 $3,040.00 $3,040.00 $2,978.40 $61.60 98% 98%
2. Environmental Checklist $29,775.00 $596.00 $30,371.00 $5,314.00 $35,685.00 $35,572.50 $112.50 100% 100%
C. Mitigated Negative Declaration
1. Mitigated Negative Declaration $9,055.00 $181.00 $9,236.00 $9,236.00 $9,172.18 $63.83 99% 99%
2. Mitigation Monitoring or Reporting Program $870.00 $17.00 $887.00 $887.00 $841.50 $45.50 95% 95%
3. Notice of Intent $1,070.00 $21.00 $1,091.00 $1,091.00 $1,063.35 $27.65 97% 97%
4. Response to Comments (ERC Meeting)$6,445.00 $129.00 $6,574.00 $6,574.00 $6,553.50 $20.50 100% 100%
5. Approval (PC & City Council Meetings) and NOD $2,150.00 $43.00 $2,193.00 $3,458.00 $5,651.00 $2,170.05 $3,480.95 38% 38%
Reimbursable Expenses $1,524.00 $0.00 $1,524.00 $1,524.00 $1,024.93 $499.08 67% 67%
Total Budget $62,299.00 $1,215.00 $63,515.00 $5,314.00 $3,458.00 $72,287.00 $67,886.97 $4,400.03 94% 94%
22690 Stevens Creek Blvd
Final Audit Report 2022-07-11
Created:2022-07-11
By:City of Cupertino (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAvrJAyeVEJaIo-LCQRlBA0a8uiBumWD8H
"22690 Stevens Creek Blvd" History
Document created by City of Cupertino (webmaster@cupertino.org)
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Agreement completed.
2022-07-11 - 8:29:20 PM GMT