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.
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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
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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
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Agreement completed.
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