Ebix Insurance No. S200003424
AMENDMENT NO. 1
TO THE AGREEMENT BETWEEN
THE CITY OF SANTA CLARA, CALIFORNIA
AND
PERKINS + WILL, INC.
PREAMBLE
This agreement ("Amendment No. 1 ") is by and between Perkins + Will, Inc., a Delaware corporation, with its principal place of business located at 2 Bryant Street, Suite 300, San Francisco, CA 94105 ("Contractor" or "Consultant"), and the City of Santa Clara, California, a chartered California municipal corporation with its primary business address at 1500 Warburton A venue, Santa Clara, California 95050 ("City"). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" to this Amendment No. 1.
RECITALS
A. The Parties previously entered into an agreement entitled "Agreement for Professional Services by and between the City of Santa Clara, California, and Perkins + Will, Inc.," dated April 28, 2016 (the "Original Agreement"); and
B. The Parties entered into the Original Agreement for the purpose of having Contractor provide professional services for the creation of a Tasman East Specific Plan and supporting Environmental Impact Report, and the Parties now wish to amend the Original Agreement to expand upon the original Scope of Services.
The Parties agree as follows:
AGREEMENT PROVISIONS
1. AMENDMENT PROVISIONS
That Exhibit A, "Scope of Services," is appended to include additional services from Perkins + Will, Inc., Fehr & Peers, and BKF as described in the attached document entitled "Tasman East Focus Area Plan Additional Services" dated September 12, 2017 and "Additional Services for the Tasman East Specific Plan in Santa Clara" dated June 30, 2017.
2. AMENDMENT PROVISIONS
That Exhibit B, "Fee Schedule," is appended to include additional cost details from Perkins + Will, Inc., Fehr & Peers, and BKF as described in the attached "Additional Services Fee Schedule." The original Fee Schedule is hereby amended by increasing the total payment by one hundred ninety-four thousand eight hundred seventy dollars ($194,870), for a new total not to exceed amount of nine hundred fifty-four thousand two hundred ninety five dollars ($954,295).
Amendment No. I to Agreement/Perkins+ Will, Inc.
Rev. 02/01/15
Page I of3
3. AMENDMENT PROVISIONS
That paragraph five (5) of the Original Agreement, entitled "Term of Agreement," is hereby amended to reflect a revised termination date of September 30, 2018.
4. TERMS
All other terms of the Original Agreement which are not in conflict with the provisions of this Amendment No. 1 shall remain unchanged in full force and effect. In case of a conflict in the terms of the Original Agreement and this Amendment No. 1, the provisions of this Amendment No. 1 shall control.
5. COUNTERPART/FACSIMILE SIGNATURE
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument; and, the Parties agree that signatures on this Agreement, including those transmitted by facsimile, shall be sufficient to bind the Parties.
The Parties acknowledge and accept the terms and conditions of this Amendment No. 1 as evidenced by the following signatures of their duly authorized representatives. The Effective Date is the date that the final signatory executes the Agreement. It is the intent of the Parties that this Amendment No. 1 shall become operative on the Effective Date.
SIGNATURES FOLLOW ON PAGE 3
Amendment No. 1 to Agreement/Perkins+ Will, Inc.
Rev. 02/01/15
APPROVED AS TO FORM:
ATTEST:~
ROD DI()N,R.
City Clerk
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
"CITY"
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
PERKINS + WILL, INC.
a Delaware corporation
Dated: oarJ PtfE:4t. I 2. , 2..0 I T
By: ku,/;t{-~
-(-~--g..,,...n_a-tu_r_e_o~f~P-e-r-so-n~ex-e~c-u-ti_n_g-th_e_A_g-re_e_m_e_n_t_o_n_b_e_h_a_lf_o_f_ Contractor)
Name: Geeti Silwal
Title: Principal-in-Charge
Local Address: 2 Bryant Street, Suite 300
San Francisco, CA 94105
Email Address: [email protected]
Telephone: ( 415) 856-3000
Fax: (415) 856-3001
"CONTRACTOR"
I:\PLANNING\Admin\Contracts\Perkins + Will\Amendment No !\Amendment No. 1 -Form.doc Amendment No. 1 to Agreement/Perkins+ Will, Inc.
Rev. 02/01/15
AGREEMENT FOR PROFESSIONAL SERVICES
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA
AND
PERKINS + WILL, INC.
ADDENDUM TO EXHIBIT A
ADDITIONAL SCOPE OF SERVICES
The Services to be performed for the City by the Contractor under this Agreement are more fully described in the Contractor's proposal entitled, "Tasman East Focus Area Plan Additional Services" dated September 12, 2017 and "Additional Services for the Tasman East Specific Plan in Santa Clara" dated June 30, 2017, which are attached to this Exhibit A.
Agreement with RTKL Associates Inc./ Additional Scope of Services/ Addendum to Exhibit A Rev. 02/01/15; Typed 08/17/15
September 12, 2017
Tasman East Focus Area Plan
ADDITIONAL SERVICES
Task 1 -P+W reset
Perkins+Will
Review, brainstorm, develop revised strategy and report outline; plan revised report content; and solicit input from client where necessary. The key changes requiring a rework of the Focus Area Plan and the Specific Plan document are -
• Narrower streets and revised lane configurations
• Calle del Sol extension northward to boundary of City Place • Optional roundabout at Calle Del Sol/Calle de Luna
• Optional 2 lanes/4 lanes on Lick Mill extension
• Allow for possible 600 person 'urban' school
• Minimum 10 acres public open space
These changes will have significant impact on the developed concept and will need careful re-evaluation and reworking for a revised plan. As a part of the analysis for the Calle del Sol extension, BKF will be preparing a street alignment study, as detailed in the attached memorandum dated August 2, 2017.
Task 2 -Client workshop in SF to review revised strategy, report outline and content and to agree and confirm all changes. P+W will prepare presentation, host and record this meeting. All the changes noted under Task 1 will need to be discussed and debated with the City staff for clear direction before incorporating as policy, standards and guideline recommendation in the Specific Plan. In addition Fehr and Peers will be modifying and expanding the scope of the Parking Demand and Traffic Analysis, as detailed in the attached letter from Matt Haynes to Dennis Dornan dated June 30, 2017.
Task 3 -P+W prepare revised first draft report
Documentation of agreed upon policy, standards and guideline recommendation will be incorporated in the Specific Plan with the necessary additional graphic illustration for a complete revised first draft report.
Task 4 -Client review period and comments
Client feedback will be shared as one consolidated set of comments. No Perkins+Wi/1 additional effort is expected against this task.
Task 5 -Community Meeting #4
Preparation of draft presentation, final presentation and necessary display material for a final community input session that will be attended and facilitated by P+W. A memo summarizing the feedback will be documented.
Task 6 -P+W to prepare final draft report in response to client comments and community feedback Effort required to clarify and reconcile all comments and community feedback received on the first draft with necessary text and graphic update will constitute a complete final draft.
Task 7 -P+W participate as required in EIR analysis and preparation.
No Perkins+Wi/1 additional effort is expected against this task.
Agreement with RTKL Associates Inc./ Additional Scope of Services/ Addendum to Exhibit A Rev. 02/01/15; Typed 08/17/15
Perkins+Will
Task 8 -P+W attend Planning Commission and City Council Hearings to adopt Specific Plan Report and EIR (eight anticipated).
No Perkins+Will additional effort is expected against this task (included in base contract).
Agreement with R TKL Associates Inc./ Additional Scope of Services/ Addendum to Exhibit A Rev. 02/01/15; Typed 08/17/15
June 30, 2017
Dennis Dornan
Perkins + Will
2 Bryant Street, Suite 300
San Francisco, CA 94105
FEHRf PEERS
Subject: Additional Services for the Tasman East Specific Plan in Santa Clara Dear Mr. Dornan:
This letter requests a contract amendment to conduct additional services for the Tasman East Specific Plan not covered under our current scope of work.
Since we have initiated our work on the project, several additional tasks have been requested by the City that were not included in our original transportation analysis scope. These tasks include performing a sensitivity analysis of street extensions within the Specific Plan area connecting to the proposed City Place development, as well as additional analysis discussed in the Santa Clara Valley Transportation Authority's (VTA) Transportation Impact Analysis Guidelines.
VTA's latest Transportation Impact Analysis Guidelines state that any project proposing changes to intersection/roadway geometry or signal operations should include an evaluation of transit delay and a quality of service (QOS) analysis for bicyclists and pedestrians. Additionally, VTA and state guidelines support the inclusion of a vehicle miles travelled (VMT) analysis as part of the project.
Finally, the City has requested that we include an analysis of mitigation "triggers" to identify the appropriate implementation timeframe for impacted study intersections.
The purpose of this amendment is to provide an updated scope of work that includes the additional tasks necessary for completion of the Tasman East Specific Plan's Draft EIR. These additional tasks are discussed below.
SCOPE OF WORK
This contract amendment request includes the following additional tasks:
Task 1: Sensitivity Testing of Calle del Sol and Lick Mill Boulevard Extensions Based on our recent discussions with the City and the project team, we will perform a "sensitivity analysis" for intersections along Calle del Mundo at the proposed Lick Mill Boulevard Extension, 160 W. Santa Clara Street I Suite 675 I San Jose, CA 95113 I (408) 278-1700 I Fax (408) 278-1717 Agreement with RTKL Associates Inc./ Additional Scope of Services/ Addendum to Exhibit A Rev. 02/01/15; Typed 08/17/15
Dennis Dornan
June 30, 2017
Calle del Sol extension, and Lafayette Street. The purpose of this analysis will be to determine the potential timing for construction of these street extensions as development proceeds within the Specific Plan area.
In order to perform this analysis, we will evaluate the following 5 intersections:
• Calle del Mundo/ Lafayette Street
• Calle del Mundo/ Calle del Sol
• Calle del Mundo/ Lick Mill Boulevard Extension
• Tasman Drive/ Calle del Sol
• Calle de Luna/ Calle del Sol
Each intersection will be evaluated with up to three configurations under background and cumulative traffic conditions. We will evaluate these intersection using the Traffix traffic analysis software program to determine expected peak hour traffic delay with and without street extensions to the City Place area. The roundabout option at Calle del Mundo/ Calle del Sol will be evaluated using the HCH 2010 capacity method.
Based on these results, we will identify the approximate time period where extending the streets would be important for overall circulation to and from the Specific Plan area. The results of this analysis will be included as part of the Transportation Impact Analysis for the Tasman East Specific Plan EIR.
Task 2: Additional Study Intersections and Counts
Our original scope included analysis of up to 25 study intersections. Based on the draft estimated trip generation of the project, and anticipated distribution of trips, we have identified 33 potential study intersections that would meet the general threshold of having at least ten project vehicle trips per lane or that have been requested to be analyzed in EIR Notice of Preparation comment letters.
Of these proposed study intersections, most have existing count data available from the City Place project. However, some of these counts were conducted in 2013 or earlier. Based on consultation with the City, we will conduct new traffic counts at all intersections that do not have counts in 2014 or later. We have therefore included budget to conduct new intersection counts at up to 10 intersections as part of this task.
Agreement with RTKL Associates Inc./ Additional Scope of Services/ Addendum to Exhibit A Rev. 02/01/15; Typed 08/17/15
Dennis Dornan
June 30, 2017
Task 3: Transit Delay Analysis for Buses and Rail Routes The City has requested that we conduct a transit delay analysis for buses and rail routes in the vicinity of the Specific Plan. For the purposes of this task, transit network performance will be analyzed during the AM and PM peak hour based on the average transit vehicle delay associated with congestion at signalized intersections along a specified corridor with and without the Project.
The change in average transit vehicle delay will be determined using the following process:
• Review Traffix analysis software output for intersection delay. The average delay, by movement, at each intersection within a study corridor in the transit vehicle path of travel will be determined.
• The transit vehicle average delay due to congestion at intersections will be determined by summing the movement delay for each signalized intersection along the study transit corridor. The effects of transit signal priority or preemption will not be considered. • Without and With Project average transit vehicle delay associated with congestion at intersections will be compared. Note that the transit vehicle dwell time at transit stops is not included in the analysis.
The City of Santa Clara and the VTA do not have documented standards related to transit corridor performance associated with congestion resulting from new development projects. The agencies also do not have a documented method for determining which transit corridors should be analyzed.
For purposes of this study, the following routes within one mile of the Specific Plan area and that have full day service with a frequency of 30 minutes or less are analyzed:
• Route 902 -Tasman Drive: North First Street to Great America Parkway • Route 57 -Great America Parkway: Mission College Boulevard to Tasman Drive • Route 60 -Great America Parkway: Mission College Boulevard to Tasman Drive Potential mitigation measures will consider improvements such as increased transit service frequencies, improved pedestrian/bicycle access, and other improvements to enhance transit travel and reduce conflicts with general automobile traffic.
A transit capacity analysis is neither required as part of the VTA TIA Guidelines, nor is in the latest Governor's Office of Planning and Research (OPR) guidance. As a result this task will focus primarily on transit delay, rather than transit capacity. However, given the nature of the Specific Plan and its proximity to transit, we propose to qualitatively evaluate the Project's effect on transit capacity at the Great America station, although this may not be identified as a Project impact.
Agreement with RTKL Associates Inc./ Additional Scope of Services/ Addendum to Exhibit A Rev. 02/01/15; Typed 08/17/15
Dennis Dornan
June 30, 2017
Task 4: Bicycle and Pedestrian Quality of Service Analysis Fehr & Peers will evaluate the pedestrian and bicycle QOS using the Charlotte Bicycle and Pedestrian LOS method at intersections outside of the Specific Plan area where changes to existing geometry would occur as part of the Project or be proposed as mitigation measures. We will conduct this analysis at up to 10 intersections.
The intersections will be evaluated under the following scenarios: (1) Existing Conditions; (2) Existing plus Project Conditions; (3) Background Conditions; (4) Background plus Project Conditions; (5) Cumulative Conditions; (6) Cumulative plus Project Conditions.
Task 5: VMT Analysis Based on Project Trip Generation
Our current scope of work does not include an evaluation of project Vehicle Miles Travelled (VMT).
However, VMT has been proposed as a statewide metric for evaluating project transportation impacts in accordance with SB 743 and guidance prepared by the Governor's Office of Planning and Research (OPR). It has also been proposed by Caltrans in Implementing Caltrans Strategic Management Plan 20 7 5-2020 Consistent with SB 743 -:-Interim Guidance (September 2016), prepared by the Local Development -Intergovernmental Review Program. As a result, we expect the need to conduct a detailed evaluation of project VMT effects as part of the TIA.
As part of this task, we will summarize the expected VMT generated by the proposed Specific Plan.
We will also determine whether the VMT generated by the Specific Plan would result in a VMT per capita that would exceed 85 percent of the average VMT per capita for the region under the Plan Bay Area sustainable communities strategy and regional transportation plan.
If significant impacts are identified, Fehr & Peers will identify additional mitigations that might be needed to address daily traffic generation and vehicle miles travelled, including TDM strategies oriented toward reducing daily travel volumes, reducing trip length, strengthening active transportation, and maximizing use of low emission modes.
Fehr & Peers will incorporate the analysis results from the above tasks into the Project's Draft Transportation Impact Analysis (TIA) report. We will respond to one round of consolidated comments from City Staff on the analysis and incorporate changes into the Final TIA.
Agreement with RTKL Associates Inc./ Additional Scope of Services/ Addendum to Exhibit A Rev. 02/01/15; Typed 08/17/15
Dennis Dornan
June 30, 2017
Task 6: Mitigation Triggers Analysis
This analysis will be conducted to determine the amount of Project traffic between Background and Cumulative conditions that will trigger each significant intersection impact. It will be conducted with the following steps:
• The AM and PM peak hour level of service calculations for each of the intersections with Background and Cumulative impacts will be selected and reviewed. We assume we will analyze up to 15 impacted intersections as part of this task. • Increments of Project traffic starting with the background trip generation and ending with the cumulative trip generation will be added to each of the selected intersections. • Levels of service will then be recalculated with each increment to identify the number of Project vehicle trips that would trigger a cumulative impact at each intersection based on the significance criteria.
The results will be summarized in a memorandum and added as an Appendix to the TIA report.
Task 7: Updated Existing Plus Project Scenario
This task will inclu.de developing a new scenario evaluating existing plus project conditions. This will include developing new trip generation estimates for the project independent of other development projects in the vicinity, and adding project-generated trips to existing volumes obtained from counts representing peak traffic conditions during the morning and evening commute periods.
This analysis will be conducted for all study intersections and freeway analysis segments identified in Task 2 above. This analysis will be presented for informational purposes and will not be used to identify significant transportation impacts.
Task 8: Updated Trip Generation Results
Our understanding from the project team call on June 19 is that the project description will be updated to include an urban-style school (i.e. with limited playing field space). We will therefore update our current project trip generation analysis to incorporate the expected traffic generated by this school. We will rely on the City to provide the specific enrollment projections and anticipated student enrollment boundary prior to updating the trip generation results. The updated trip generation results will be incorporated into the project's transportation impact analysis.
Agreement with R TKL Associates Inc./ Additional Scope of Services/ Addendum to Exhibit A Rev. 02/01/15; Typed 08/17/15
AGREEMENT FOR PROFESSIONAL SERVICES
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA
AND
PERKINS + WILL, INC.
ADDENDUM TO EXHIBIT B
FEE SCHEDULE
In no event shall the amount billed to City by Contractor for services under this Agreement exceed nine hundred fifty four thousand two hundred ninety five dollars ($954, 295), subject to budget appropriations.
The additional Fee Schedules for the total amount of $194, 870 are fully illustrated and attached to this Exhibit B.
Agreement with RTKL Associates Inc./Fee Schedule/Exhibit B Rev. 02/01/15; Typed 08/17/15
Page I of 5
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01 REVISION B
12-Sep-17
P+W Add. Service TASK 1
P+W Add. Service TASK 2
P+W Add. Service TASK 3
P+W Add. Service TASK 4
P+W Add. Service TASK 5
P+W Add. Service TASK 6
P+W TASK7
P+WTASK 8
Fehr+Peers Add. service
BKF Add. service
SUBTOTAL ADDITIONAL SERVICES
ORIGINAL AGREEMENT
REVISED NOT-TO-EXCEED AMOUNT
Revised scope;
Narrower streets and revised lane configurations
Calle del Sol extension northward to boundary of City Place Optional roundabout at Calle Del Sol/Calle de Luna
Optional 2 lanes/4 lanes on Lick Mill extension
Allow for possible 600 person 'urban' school
Minimum 10 acres public open space
P+W reset; review, brainstorm, develop revised strategy and report outline, plan revised report content, solicit input from client where necessary
Client workshop in SF to review revised strategy, report outline and content and to agree and confirm all changes; P+W prepare, host and record
P+W prepare revised first draft report
Client review period and comments
Community meeting #4; P+W prepare presentation/graphic
material, facilitate meeting and record feedback.
P+W prepare final draft report in response to client comments and community feedback
P+W participate as required in EIR analysis and preparation (included in base contract)
P+W attend City Council Hearing to adopt Specific Plan Report and EIR (included in base contract)
Additional transportation analysis (lump sum)
Additional street alignment study (lump sum)
Hrs
16 8
8 0
12 16
0 0
TASMAN EAST BASIC AND ADDITIONAL SERVICES FEE SCHEDULE
Principal Project Manager Senior Urban Designer Landscape architect Jr. UD/Production Subtotal
$ 285 Hrs $ 250 Hrs $ 185 Hrs $ 185 Hrs· $ 125
$ 4,560 16 $ 4,000 60 $ 11,100 36 $ 6,660 40 $ 5,000 $31,320 $ 2,280 12 $ 3,000 16 $ 2,960 4 $ 740 16 $ 2,000 $10,980 $ 2,280 8 $ 2,000 40 $ 7,400 20 $ 3,700 60 $ 7,500 $22,880 $ 0 $ 0 $ 0 $ 0 $ $0
$ 3,420 16 $ 4,000 24 $ 4,440 0 $ 40 $ 5,000 $16,860
$ 4,560 16 $ 4,000 60 $ 11,100 12 $ 2,220 60 $ 7,500 $29,380 $ 0 $ 0 $ 0 $ 0 $ $0
$ 0 $ 0 $ 0 $ 0 $ $0
$79,950
$3,500
$194,870
$759,425
$954,295
I~
=•, BkF
ENGINEERS
SURVEYORS
PLANNERS
1646 N. California
Blvd, Suite 400
Walnut Creek
California 94596
Tel 925.940.2200
Fax 925.940.2299
www .bkf.com
BKF 20155173
2 August 2017
Subject: Tasman East
Civil Engineering-Additional Services Request #1
, Project Manager: Christopher Mills
Task 1: Prepare Street Alignment Study
Scope of Work: BKF will evaluate options for raising Calle Del Sol to meet the proposed grades of the City Place project to the south. We will develop a vertical alignment for Calle del Sol and indicate the extents of impacts to the plan (fill slopes, retaining walls, areas where access to existing parcels will be limited).
Total Additional Service Request: $3,500
Areement with RTKL Associates Inc./Fee Schedule/Exhibit B !~h. 02/01/15; Typed 08/17/15
Tasman East Specific Plan - Additional Trc!11sportation Analysis Task
Hourly Rates -->
DRAFT EIR
Additional Tasks
Sensitivity Analysis - del Sol and Lick Mill
Additional Study Intersections
Transit Delay Analysis
Ped/Bike QOS Analysis
VMT Analysis
Mitigation Triggers Analysis
Updated Existing plus Project Scenario
Updated Trip Generation Estimates
Total
Agreement with RTKL Associates Inc./Fee Schedule/Exhibit B Rev. 02/01/15; Typed 08/17/15
Principal Associate
$ 275 $ 215
8 12
4 8
4 0
4 5
2 6
4 12
6 12
2 2
34 57
Total Engineer Graphics Admin Hours
$ 125 $ 120 $ 115
75 2 6 103 $
40 8 8 68 $
40 2 4 50 $
55 4 4 72 $
32 0 4 44 $
44 0 4 64 $
56 4 6 84 $
8 0 2 14 $
350 20 38 499 $
7/5/2017
Other Total Labor Direct Costs Costs
15,085 $ 600 $ 15,685
9,700 $ 5,000 $ 14,700
6,800 $ 300 $ 7,100
9,990 $ 475 $ 10,465
6,300 $ 300 $ 6,600
9,640 $ 450 $ 10,090
12,400 $ 600 $ 13,000
2,210 $ 100 $ 2,310
72,125 $ 7,825 $ 79,950
Dennis Dornan
June 30, 2017
FEE AND SCHEDULE
The additional budget to complete these tasks is $79,950. This includes all staff time, as well as direct expenses.
This agreement will be governed by the terms of our Subcontract dated April 2016. This work will be completed within six weeks of our receipt of a fully-executed contract amendment.
S_hould you have any questions, please feel free to call me at (408) 645-7018. Otherwise, please provide a contract amendment at your earliest convenience. We appreciate the opportunity to continue working with you on this project.
Sincerely,
FEHR & PEERS
Matt Haynes
Principal
Agreement with RTKL Associates Inc./Fee Schedule/Exhibit B Rev: 02/01/15; Typed 08/17/15