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Staff Report

Cupertino City Council
May 6, 2025

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Staff Report
Meeting
May 6, 2025
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Cupertino City Council
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CITY COUNCIL STAFF REPORT
Meeting: May 6, 2025
Subject
Approve a Seventh Amendment to the MIG, Inc. design consultant agreement for the All-Inclusive Playground at Jollyman Park project for a total not-to-exceed amount of $533,821 Recommended Action
Authorize the City Manager to execute a Seventh Amendment to the agreement with MIG, Inc. for Design Professional Services on the All-Inclusive Playground at Jollyman Park project (420-99-051, PO# 2022-0326) increasing the contract amount by $21,410, for a new total not-to-exceed contract amount of $533,821.

Background
The agreement with MIG, Inc. (MIG) for design professional services was awarded in December 2021 for $389,511. Since that time, six amendments to that agreement have been issued, expanding the project scope and time, resulting in the addition of $122,900 to the contract, increasing the total contract amount not-to-exceed to $512,411.

The Expenditure Distribution up to the currently proposed contract amendment:

Item
Description
Amount
Original Agreement (PO# 2022-0326)
Design/Engineering Services. (Council's December 2021 award of this contract included authorization for PW Director to execute changes/contingency up to $77,900 for a total appropriation of $467,411.) $389,511
Amendment #1
Design services to support the addition of the restroom to the scope. $12,000
Amendment #2
Design services to add an art feature and present to Arts & Culture Commission $18,250
Amendment #3
Design Services to find alternative artist, develop the art feature design, and develop bid documents for fabrication. $38,400
Amendment #4
Extending the end date of the agreement.
$0
Amendment #5
Design services to assist with building permit processing, including the addition of structural engineering services. $9,250
Amendment #6
Construction Administration, expansion of scope to include restroom, art feature, added site visits. (Council approved in June 2024) $45,000
Total:
$512,411
Amendment #7 (this item)
Construction Administration additional services, as more site visits and GC coordination are required. $21,410
Amended Total:
$533,821
Reasons for Recommendation and Available Options
The amount of oversight required to implement the project has increased throughout the construction phase of the project. A number of unforeseen conditions required changes to the scope of the project and increased involvement from MIG’s project team, including irrigation system conditions, adjustments to layout of equipment, and evaluation and implementation of cost reduction measures that required redesign and engineering, such as a change to the accessible sand table. The MIG project team was able to accommodate many of the revisions, but additional site inspections to finalize the project warrant an increase in the total of the agreement. This will be the final amendment to the contract prior to completion of the project.

Sustainability Impact
No sustainability impact.

Fiscal Impact
No fiscal impact. This contract amendment falls within the project’s current budget appropriation.

City Work Program (CWP) Item/Description
None
California Environmental Quality Act
No California Environmental Quality Act impact
_____________________________________
Prepared by: Susan Michael, CIP Manager
Reviewed by: Chad Mosley, Director of Public Works
Tina Kapoor, Deputy City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – Draft Amendment 07 MIG agreement for JAIPG

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