18-1022_NUVIS LANDSCAPE ARCHITECTURE AND PLANNING_4th Amd to Personal Services Agreement AMENDMENT NO. 4
TO THE PERSONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
NUVIS LANDSCAPE ARCHITECTURE AND PLANNING
1. Parties and Date.
This Amendment No. 4 to the Professional Service Agreement is made and entered into as of
9
this - day of u)( , 2018, by and between the City of San Juan Capistrano, a
municipal organization organized under the laws of the State of California with its principal place of
business at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 ("City") and NUVIS
Landscape Architecture and Planning, a California corporation, with its principal place of business at
3151 Airway Avenue J-3, Costa Mesa, CA 92626 ("Consultant"). City and Consultant are
sometimes individually referred to as "Party" and collectively as "Parties."
2. Recitals.
2.1 Consultant. The City and Consultant have entered into an agreement entitled
"Personal Services Agreement" dated June 3, 2014, ("Agreement") for the purpose of retaining the
services of Consultant to prepare Environmental Studies (CEQA), Plans, Specifications, Cost
Estimates (PS&E), and provide Bidding and Construction Support for the Northwest Open Space
Community Park Project (CIP 09209); and, have amended the terms of such Agreement through
Amendment No. 1 to the Personal Services Agreement dated September 20, 2016, to extend the
contract completion date to December 31, 2016; and, through Amendment No. 2 to the Personal
Services Agreement dated January 18, 2019, to incorporate City Council approved changes in the
Project scope of work and to extend the contract completion date to July 30, 2018; and, through
Amendment No. 3 to Personal Services Agreement dated March 21, 2017, to incorporate additional
City Council approved changes and pay the additional sum of Two Hundred Eighty Eight Thousand
Two Hundred and Ninety Nine Dollars ($288,299) to Consultant.
2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to
extend the term of the Agreement as it relates to the existing scope of services.
2.3 Amendment Authority. This Amendment No. 4 is authorized pursuant to Section 2 of
the Agreement.
3. Terms.
3.1 Term. The term of this Amendment No. 4 shall be retroactive from August 1, 2018,
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61147 02100\31398306.3
to July 31, 2019, unless earlier terminated as provided in the Agreement. The Parties may, by mutual
written consent, extend the term of this Amendment No. 4.
3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 4, all
other provisions of the Agreement remain in full force and effect and shall govern the actions of the
Parties under this Amendment No. 4. From and after the date of this Amendment No. 4, whenever
the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this
Amendment No. 4.
3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they
have each received adequate and independent consideration for the performance of the obligations
they have undertaken pursuant to this Amendment No. 4.
3.4 Severability. If any portion of this Amendment No. 4 is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
[Signatures on Next Page]
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61147.02100\31398306 3
SIGNATURE PAGE FOR AMENDMENT NO. 4 TO PERSONAL SERVICES
AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND NUVIS LANDSCAPE ARCHITECTURE AND PLANNING
CITY OF SAN JUAN CAPISTRANO NUVIS LANDSCAPE ARCHITECTURE
Approved By: AND PLANNING
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Be min7e• - ! `
dad
it Man- =-r ,/'lit ' gnature
Date N me
Atteste : :
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Ma 'a Morris, Ci., Clerk / '�,�
Date
Approved As To Form:
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