Form Name: Amendment to Standard Consultant Agreement (Capital Projects) Page: 1 of 2 Form/File No.: 1349532/T-32026
City Attorney Approval Date: September 2016
T-38067.002\1923562_4
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
First
Second
Third
Amendment to Standard City of San José Consultant Agreement (Capital Projects)
Consultant’s Name: Arup North America Limited
(CPMS Contract No. N/A)
(Standard Agreement AC No. 665829)
This Amendment is made and entered into this ______ day of _____________________, 2022. The City and Consultant amend the above-referenced agreement as set forth herein.
1. Capitalized words in this Amendment have the same meaning as in the Agreement.
2. The provisions of this Agreement and any previous amendments not modified by this Amendment remain in full force and effect.
3. The provisions of this Amendment are effective upon execution of the Amendment by both parties.
4. Agreement Term: Section 2 is amended to extend the expiration date from March 18, 2022 to July 31, 2022. The extension is retroactive to the expiration date of the Agreement. The Director accepts and approves any services provided after the expiration date and before the execution of this Amendment.
5. Maximum Total Compensation: Subsection 10.2 is amended to Increase Decrease the Maximum Total Compensation from $1,684,000 to $1,788,091.
6. Agreement Section(s): Section(s) ___________ is/are amended to read as set forth in Attachment A of the Amendment.
7. Scope of Basic Services – Exhibit A: The original First Revised Second Revised Exhibit A is amended to read as set forth in the attached First Second Third Revised Exhibit A, which is incorporated by reference into this Amendment.
8. Compensation – Exhibit B: The original First Revised Second Revised Exhibit B is amended to read as set forth in the attached First Second Third Revised Exhibit B, which is incorporated by reference into this Amendment.
9. Additional Service: The Consultant is authorized to perform the Additional Services set forth in the attached Additional Services Exhibit, which is incorporated by reference into this Amendment.
CPMS Contract No.: N/A
Standard Agreement AC No. 665829
Consultant Name: Arup North America Limited
Form Name: Amendment to Standard Consultant Agreement (Capital Project) Page: 2 of 2 Form/File No.: 1349532/T-32026
City Attorney Approval Date: September 2016
T-38067.002\1923562_4
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
This Amendment is executed by the authorized representatives of the City and Consultant as follows:
City of San José
By _________________________________________
Name: Toni Taber Date
Title: City Clerk
Consultant
By ________________________________________
Name: William Baumgardner Date
Title: Principal
Approval as to Form (City Attorney):
Form Approved by the Office of the City Attorney.
(Maximum Total Compensation, as amended, is $100,000 or less, and the provisions of the form are not altered.)
Approved as to Form:
_________________________________________
Aaron Yu Date
Deputy City Attorney
CPMS Contract No.: N/A
Standard Agreement AC No. 665829
Consultant Name: Arup North America Limited
Form Name: Amendment to Standard Consultant Agreement (Capital Projects) Revised 1 of 3 Revised Exhibit A: Scope of Services
Form/File No.: 1349532/T-32026
City Attorney Approval Date: September 2016
T-38067.002\1923562_4
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
First
Second
Third
Revised Exhibit A: Scope of Basic Services
(Capital Project)
This revised Exhibit A is an attachment to the First Second Third amendment to Agreement.
The tasks set forth in the original Exhibit A, or in any previous amendment to the original Exhibit A, are amended as follows:
Task No. 1.8, entitled “Project Management Phase 8”, is amended to read as follows:
A. Services: Consultant will organize and lead project management meetings/conference calls (up to 4); budget and schedule monitoring, progress reporting, and invoicing (as needed).
B. Deliverable: Consultant will provide the following to the City’s Contract Manager: Attend up to four (4) Project Management meetings, Progress Reports and Invoices.
C. Completion Time: The Consultant must complete the services and deliverable for this task in accordance with whichever one of the following time is marked:
On or before the following date: July 31, 2022.
On or before _____________ Business Days from _______________________.
Task No. 4, entitled “Outreach Phase 2”, is amended to read as follows:
A. Services: (To be described in more detail in Outreach and Engagement Plan) : Consultant will provide coordination and implementation of outreach activities, including online workshops/town halls, forums, surveys, social media, organizing of digital project content, neighborhood workshops and events, co-hosted Community-Based Organization events, support of equity advisory committee, and assisting with public campaign content concepts. Develop an online engagement platform to host and coordinate all digital outreach materials.
B. Deliverable: Consultant will provide the following to the City’s Contract Manager: Outreach Phase 2 Report
C. Completion Time: The Consultant must complete the services and deliverable for this task in accordance with whichever one of the following time is marked:
On or before the following date: July 31, 2022.
On or before _____________ Business Days from _______________________.
Task No. 6, entitled “Framing Workshops”, is amended to read as follows:
CPMS Contract No.: N/A
Standard Agreement AC No. 665829
Consultant Name: Arup North America Limited
Form Name: Amendment to Standard Consultant Agreement (Capital Projects) Revised 2 of 3 Revised Exhibit A: Scope of Services
Form/File No.: 1349532/T-32026
City Attorney Approval Date: September 2016
T-38067.002\1923562_4
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
A. Services: Consultant will organize and facilitate four (4) workshops for key agency stakeholders to solicit input and build consensus on Framework items, including KPIs, Analysis Geographies, process to identify strategies, and final presentation of the plan.
B. Deliverable: Consultant will provide the following to the City’s Contract Manager: Four (4) workshops with Agency stakeholders.
C. Completion Time: The Consultant must complete the services and deliverable for this task in accordance with whichever one of the following time is marked:
On or before the following date: July 31, 2022.
On or before _____________ Business Days from _______________________.
Task No. 12, entitled “Conceptual Design, Implementation”, is amended to read as follows:
A. Services: Consultant will define phasing and other critical implementation steps, including funding considerations. Coordination with parallel planning studies and City Council adoption of plan.
B. Deliverable: Consultant will provide the following to the City’s Contract Manager: Add an Implementation chapter to the final Plan document
C. Completion Time: The Consultant must complete the services and deliverable for this task in accordance with whichever one of the following time is marked:
On or before the following date: July 31, 2022.
On or before _____________ Business Days from _______________________.
Task No. 13, entitled “Organizational Change Management, Phase 1 Internal Alignment”, is amended to read as follows:
A. Services: Consultant will provide organizational development visioning and organizational assessment. Additional presentations to Division Managers and Senior Staff prior to City Council adoption.
B. Deliverable: Consultant will provide the following to the City’s Contract Manager: Up to four(4) meetings with staff
C. Completion Time: The Consultant must complete the services and deliverable for this task in accordance with whichever one of the following time is marked:
On or before the following date: July 31, 2022.
On or before _____________ Business Days from _______________________.
Task No. 17, entitled “Decision Support System Completion”, is amended to read as follows:
CPMS Contract No.: N/A
Standard Agreement AC No. 665829
Consultant Name: Arup North America Limited
Form Name: Amendment to Standard Consultant Agreement (Capital Projects) Revised 3 of 3 Revised Exhibit A: Scope of Services
Form/File No.: 1349532/T-32026
City Attorney Approval Date: September 2016
T-38067.002\1923562_4
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
A. Services: Consultant will provide Build-out of Decision Support System (“DSS)” including Performance Monitor, Accessibility Scoring System, database, analyzer functions. Pilot DSS with 1 use case with relevant Department of Transportation staff.
B. Deliverable: Consultant will provide the following to the City’s Contract Manager: Finalize minimum viable product and pilot 1 use case
C. Completion Time: The Consultant must complete the services and deliverable for this task in accordance with whichever one of the following time is marked:
On or before the following date: July 31, 2022.
On or before _____________ Business Days from _______________________.
Task No. 19, entitled “Final Report, Decision Support System Handover”, is amended to read as follows:
A. Services: Consultant will prepare final report summarizing strategy prioritization process and recommendations, and Decision Support System development process, methodologies, and other documentation, transfer of DSS and relevant documentation, as well as developer support for integrating the final report to the City website.
B. Deliverable: Consultant will provide the following to the City’s Contract Manager: Final plan, DSS training and website posting.
C. Completion Time: The Consultant must complete the services and deliverable for this task in accordance with whichever one of the following time is marked:
On or before the following date: July 31, 2022.
On or before _____________ Business Days from _______________________.
CPMS Contract No.: N/A
Standard Agreement AC No. 665829
Consultant Name: Arup North America Limited
Form Name: Amendment to Standard Consultant Agreement (Capital Projects) Revised 1 of 4 Revised Exhibit B: Compensation
Form/File No.: 1349532/T-32026
City Attorney Approval Date: September 2016
T-38067.002\1923562_4
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
First Second Third Revised Exhibit B: Compensation (Capital Projects)
This revised Exhibit B is an attachment to the First Second Third amendment to the Agreement.
Section 1 – Compensation Table
Part 1 – Compensation for Basic Services
Column 1 Column 2 Column 3 Column 4
Task Nos. Basis of Compensation Invoice Period Compensation 0 Kick-Off Meeting and
Refined Workplan Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $15,954
1.1 Project Management
Phase 1 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $13,634
1.2 Project Management
Phase 2 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $13,634
1.3 Project Management
Phase 3 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $13,634
1.4 Project Management
Phase 4 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $13,634
1.5 Project Management
Phase 5 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $13,634
1.6 Project Management
Phase 6 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $13,634
CPMS Contract No.: N/A
Standard Agreement AC No. 665829
Consultant Name: Arup North America Limited
Form Name: Amendment to Standard Consultant Agreement (Capital Projects) Revised 2 of 4 Revised Exhibit B: Compensation
Form/File No.: 1349532/T-32026
City Attorney Approval Date: September 2016
T-38067.002\1923562_4
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
1.7 Project Management
Phase 7 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $13,634
1.8 Project Management
Phase 8 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $18,791 2 Outreach and
Engagement Plan Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $45,505 3 Outreach Phase 1 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $106,514 4 Outreach Phase 2 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $211,101 5 Framework, Best
Practices, Key
Performance Indicators
(“KPI’s”), Geographies
Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $44,697 6 Framing Workshops Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $33,584 7 Strategy Identification
Approach and Process Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $23,965 8 Data Acquisition Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $356,610 9 Existing Conditions Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $24,645
CPMS Contract No.: N/A
Standard Agreement AC No. 665829
Consultant Name: Arup North America Limited
Form Name: Amendment to Standard Consultant Agreement (Capital Projects) Revised 3 of 4 Revised Exhibit B: Compensation
Form/File No.: 1349532/T-32026
City Attorney Approval Date: September 2016
T-38067.002\1923562_4
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document. 10 Technical Analysis and
Delphi Panel Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $68,496 11 Evaluate, Prioritize
Strategies/Actions Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $85,696 12 Conceptual Design,
Implementation Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $28,798 13 Organizational Change
Management, Phase 1: Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $87,817 Internal Alignment
14 Organizational Change
Management, Phase 2: 360
Degree Assessment
Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $80,417 15 Preliminary Decision
Support System
Framework and
Architecture
Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $88,114 16 Full Decision Support
System Definition Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $105,961 17 Decision Support
System Completion Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $116,374 18 Future Evaluation and
Iteration Plan Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $30,508 19 Final Report, Decision
Support System Handover Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $119,106
CPMS Contract No.: N/A
Standard Agreement AC No. 665829
Consultant Name: Arup North America Limited
Form Name: Amendment to Standard Consultant Agreement (Capital Projects) Revised 4 of 4 Revised Exhibit B: Compensation
Form/File No.: 1349532/T-32026
City Attorney Approval Date: September 2016
T-38067.002\1923562_4
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
Part 2 – Reimbursable Expenses
No expenses are separately reimbursable. The amount(s) in Column 4 of Part 1 include(s) payment for all expenses.
Expenses are separately reimbursable in accordance with Subsection 10.5 of this Agreement. The maximum amount of reimbursable expenses is:
$0
Part 3 – Subconsultant Costs
Subconsultant costs are not separately compensable. The amount(s) in Column 4 of Part 1 include(s) payment for
subconsultants.
Subconsultant costs are separately compensable in
accordance with Subsection 10.6 of this Agreement. The
maximum amount of compensation for subconsultant costs is:
$0
Part 4 – Additional Services
No money is budgeted for Additional Services, and the
Director can not authorize any Additional Services.
The Director may authorize the Consultant to perform
Additional Services up to the following maximum amount:
$0
Maximum Total Compensation (sum of Parts 1 through 4): $1,788,091.00
Section 2 – Schedule of Rates and Charges
Omitted. No Schedule of Rates and Charges is included because the City will not be compensating the Consultant for any Basic Services on a “time & materials” basis.
The following is the Schedule of Rates and Charges applicable to this Agreement: