19-0531_HUNSAKER & ASSOCIATES IRVINE, INC._Second Amendment to Professional Services Agreement CITY OF SAN JUAN CAPISTRANO
PROFESSIONAL SERVICES AGREEMENT
SECOND AMENDMENT
This Second Amendment ("Amendment") is made and entered into as of ,
2019 by and between the City of San Juan Capistrano, a municipal corporation organiz d and
operating under the laws of the State of California with its principal place of business at 32400
Paseo Adelanto, San Juan Capistrano, CA 92675 ("City"), and Hunsaker & Associates. Irvine,
Inc., a Planning, Engineering, Surveying consulting firm with its principal place of business at
Three Hughes, Irvine, CA 92618 (hereinafter referred to as "Consultant"). City and Consultant
are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.
RECITALS
A. ' City is a California municipal corporation and is in need of professional services
for the following project: (hereinafter referred to as "the Project")
i. Establish the common boundary line for City owned land and San Juan Hills
Golf Club parcel, in the City of San Juan Capistrano, by Boundary Line
Agreement (APN 666-011-27 and 666-011-28);
ii. Set 2-4 monuments along the common boundary line;
iii. Prepare, process and file Record of Survey for establishment of common
boundary line and setting of the 4 monuments as required by State Law; and,
iv. Prepare a one page exhibit showing the proposed golf course lease property.
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties have previously entered into that certain Professional Services
Agreement for Appraisal Services, dated September 11, 2018 ("Original Agreement"); and First
Amendment to the Professional Services Agreement for lot line adjustment and appraisal
services, dated October 23, 2018.
D. The Parties have identified additional work to be undertaken pursuant to the
Original Agreement, and as called for in Section 3 of the Original Agreement, the Consultant
has provided a proposed scope and schedule for this additional work, as set forth in Exhibit "A",
attached hereto and incorporated by reference herein.
E. The Parties desire by this Amendment to amend the scope of services (Exhibit
"A") and compensation set forth in the Original Agreement, as set forth in Exhibit "A", attached
to this Amendment and incorporated by reference herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Amendment of "Services". Section 1 of the Original Agreement, Services, is
hereby amended in its entirety to read as follows:
"1. Services. Consultant shall provide the City with the services
described in the Scope of Services attached as Exhibit "A" to the Agreement and
the additional services as described in Exhibit "A" to the Amendment.
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61147.80010 13 1486 1 14.1
2. Amendment to "Compensation". Section 2 of the Original Agreement,
Compensation, is hereby amended in its entirety to read as follows:
"2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for
such services in accordance with the Schedule of Charges set forth in Exhibit "A"
to the Agreement and Exhibit "A" to the Amendment.
b. In no event shall the total amount paid for services
rendered by Consultant under this Amendment exceed the sum of $10,200 for
the services described in Exhibit "A". This amount is to cover all printing and
related costs, and the City will not pay any additional fees for printing expenses.
Periodic payments shall be made within 30 days of receipt of an invoice which
includes a detailed description of the work performed. Payments to Consultant
for work performed will be made on a monthly billing basis.
3. Amendment to "Time of Performance". Section 5 of the Original Agreement,
Time of Performance, is hereby amended in its entirety to read as follows:
"5. Time of Performance.
a. Consultant shall perform its services in a prompt and timely
manner and shall commence performance upon receipt of written notice from the
City to proceed ("Notice to Proceed"). Consultant shall complete the services
required hereunder within forty five days from the execution of the Amendment.
The Notice to Proceed shall set forth the date of commencement of work.
4. Continuing Effect of Original Agreement. Except as amended by the First and
Second Amendments, all other provisions of the Original Agreement remain in full force and
effect and shall govern the actions of the parties under this Amendment. From and after the
date of this.Amendment, whenever the term "Agreement" appears in the Original Agreement, it
shall mean the Original Agreement as amended by this Amendment.
5. 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.
6. Severability. If any portion of this Amendment is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
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61147.80010131486114.1
SIGNATURE PAGE FOR SECOND AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND HUNSAKER & ASSOCIATES IRVINE, INC
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date first
written above.
CITY OF SAN JUAN CAPISTRANO Hunsaker &Associates Irvine, Inc.
By: P: By: it,
ja .ege
City Manager Its:, l
Printed Name:
ATTEST:
By:
riaiMorH ity.C'lerk
APPROVED AS TO.FORM:
3 .
By:
Jeffrey Ballinger, City Attorney
3
61147.80010\31486114.1
►`_ P, &ASSOCIATES
l_ ... I R V I N E, INC
PLANNING
ENGINEERING April 29, 2019
SURVEYING Revised May 29, 2019
GOVERNMENT RELATIONS
IRVINE
LOS ANGELES Mr. Charles View
PALM DESERT CITY OF SAN JUAN CAPISTRANO
RIVERSIDE 32400 Paseo Adelanto
SAN DIEGO San Juan Capistrano, CA 92675
Subject: Professional Services to Support the.Lease of a Portion of APN
666-011-28 and 666-011-27
Dear Mr. View:
Hunsaker & Associates Irvine, Inc. ("Consultant") is pleased to offer the following
PRINCIPALS: proposal to resolve the common boundary line of the referenced property.
FRED GRAYLEE We propose to provide these services on a Time and Materials basis, as described in
BRADLEY HAY Exhibit A.
PAUL HUDDLESTON
KAMAL KARAM This proposal is based on our current office rate of$144 per hour and our current field
DOUGLAS STALEY rates of $248er hour for a two-person survey p party and $304 per hour for a three-
KRIS WEBER
person survey party. These rates will remain in effect until July 31, 2019, at which time
JOSEPH E.WIGHTMAN they are subject to an increase.
Invoicing would be monthly based on the actual hours. We would expect to receive
payment within thirty (30) days after your receipt of our invoice. Should payment not
be received within thirty (30) days, a one and one-half percent (1%%) per month late
fee will be charged on any unpaid balance.
It should be noted that the above fee does not include the cost of blueprints or
reproductions which will be invoiced directly to you through your suppliers or at cost
FOUNDING PARTNERS: plus 15%when invoiced through Hunsaker&Associates Irvine, Inc.
RICHARD HUNSAKER
TOM R. McGANNON The following is a summary of the insurance coverages that Hunsaker & Associates
JOHN A.MICHLER Irvine, Inc. provides and is included in our offer of this proposal:
DOUGLAS G.SNYDER
General Liability $ 2,000,000
Personal Injury $ 1,000,000
Auto Liability $ 1,000,000
Professional Liability $ 2,000,000
Valuable Papers $ 1,850,000
Worker's Compensation Employer's Liability
Three Hughes Upon request, we will provide a Certificate of Insurance for the insurance coverages
listed above. Should you require additional coverage, the costs that we incur from our
Irvine,California insurance carriers will be invoiced at their direct costs and are not included in our fee
92618-2021 quoted within this proposal.
(949)583-1010 PH
(949)583-0759 FX
www.hunsalcer.com
EXHIBIT A
Mr. Charles View
, CITY OF SAN JUAN CAPISTRANO
May 29, 2019
Page 2
Should this proposal meet with your approval, please sign below and return it to our
office.
Should you have any questions, please call me directly at(949) 768-2518.
Sincerely, Agreed to and approved by,
HUNSAKER &A SOCIATES IRVINE, INC. CITY OF SAN JUAN CAPISTRANO
Robert L. Wheeler, IV, LS 8639
Assistant Manager Mapping Department
Date
RW:t1
Enclosures
(f\c110bn\cosjc P01 r1-rw.d o cx)
•
•
Exhibit A
�t`°IA\ Legal Description for the Granting of
a Portion of APN 666-011-28 and -27
SCOPE O SERVICES
Scope of Services
1. Establish the common boundary line between the City owned
parcel and the golf course parcel by Boundary Line Agreement.
The City's attorney will prepare and have recorded a Boundary
Line Agreement document between the City and the golf course
Owner. H&A will provide an Exhibit showing the agreed upon
common boundary line to accompany the agreement. $ 2'500
2. Set 2-4 monuments along the common boundary line between
the City owned parcel and the golf course parcel as established.
(1 day). $ 2.500
3. Pnepmre, process and file a Record of Survey for establishment
the common boundary line and the setting of the 4 monuments
as required by State Law. $ 4.000
Total Scope of Services $ 9,000
Alternate Scope of Services if a Boundary Line Agreement cannot
be reached. '
1. Establish the common boundary line between the City owned
parcel and the golf course parcel by senior and junior rights
based on a chain of title provided by the title company. The chain
of title will identify which deed originally created the common
boundary line in question. Cost includes coordination with the
Title Company for the chain of title. $ 3,250
2. Reimbursable cost of the chain of title (estimate). 750
3. Set 4 monuments along the common boundary line between the
City owned parcel and the golf course parcel as established, (1
day). $ 2.500
4. Prepans, process and file a Record of Survey for establishment
the common boundary line and the setting of the 4 monuments
as required by State Law. • $ 600
Total Alternate Scope of Services $ 12,500
•
(f\c\l5-29-19 *,1 Boundary Line APNO80-011-28&-27
*unooker&Associates!wine, inc. City of San Juan Capistrano
•
Exhibit A
Scope of Services, cont.
h
1 ,
Optional Scope of Services
1. One page Exhibit showing the proposed golf course lease
property. $ 1,200
2. Prepare a legal description and sketch to accompany a
Corrective Deed document prepared by the City reflecting the
established common boundary line and correcting errors and
missing information in the original Deed. The Corrective Deed
will need to be recorded after the Record of Survey in order to
use it for reference in the legal description. $ 2,500
Total Optional Scope of Services $ 4,000
RW:tl(flcllplbn\COSJC POlrl-rw.docx)5-29-19 A-2 Boundary Line APN 666-011-28&-27
Hunsaker&Associates Irvine, Inc. City of San Juan Capistrano