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17-0321_NUVIS LANDSCAPE ARCHITECTURE AND PLANNING_3rd Amd to Personal Services AgreementTHIRD AMENDMENT TO PERSONAL SERVICES AGREEMENT NUVIS DESIGN AND CONSTRUCTION SUPPORT SERVICES THIS THIRD AMENDMENT TO THE PERSONAL SERVICES AGREEMENT between the City of San Juan Capistrano ("City") and NUVIS Landscape Arcwwcture n Piaing, ("Consultant") is made and entered into, to be effective the day of KC2017, as follows: RECITALS: WHEREAS, City and Consultant have entered into a Personal Services Agreement dated June 3, 2014, 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 WHEREAS, City and Consultant have amended the terms of the Agreement through Amendment No. 1 to Personal Services Agreement dated September 20, 2016 to extend the contract completion date to December 31, 2016; and WHEREAS, City and Consultant have amended the terms of the Agreement through Amendment No. 2 to Personal Services Agreement dated January 18, 2017 to incorporate City Council approved changes in the project scope and to extend the contract completion date to July 30, 2018; and WHEREAS, the City and Consultant desire to amend the terms of the Agreement as provided hereunder. AMENDMENT: NOW, THEREFORE, in consideration of the promises and mutual covenants contained therein, City and Consultant mutually agree to amend the Agreement as follows: A. Scope of Work „(Section 1 ] This Agreement will augment the scope of work to be performed by the Consultant and shall consist of those tasks as set forth in Exhibit "B-1," attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "B-1" and those provisions contained within this Agreement, the provisions in this Agreement shall control. B. Additional Compensation City hereby agrees to pay the additional sum of Two Hundred Eighty Eight Thousand Two Hundred and Ninety Nine Dollars ($288,299) to Consultant for the services hereunder as set forth in Exhibit "13-1," attached and incorporated herein by reference. These services to the Agreement shall commence on the effective date of this Amendment. C. Entire Agreement This entire Agreement between the City and Consultant with respect to those services described herein and any other understandings, oral or in writing, are hereby superseded. All other provisions of the Agreement not amended hereunder shall remain in full force and effect. n 0 APPROVED AS TO FORM: By: _(-)F f Jeffrey Ballinger, Cit Attorney CITY OF SAN JUAN CAPISTRANO CONSULTANT ti By: /1" /Jin Ao01% Perry Cardoza, RLA, A6LA Executive Vice President NUVIS Landscape Architecture & Planning EXHIBIT "B-1" City of San Preparation of Environmental Studies Estimates ' for •rthwest Team NUVIS Fee Task & Description Conceptual Design Phase Juan Capistrano (CEQA) and Plans, Specifications Space CommunityNo. •Amendment NUVIS ESE Acorn Landscape Struct Interp. and Cost 1. 1• M. Scott D Hanson Ent Total Artist Artist $ Site Visit $25_0 $250 Site Documentation $0 Design Workshop 2 $1,250 $1,250 Development of Interpretive Summary $1,500 $1,500 Scoping Meeting $0 Due Diligence $0 Issues/Constraints $0 Existing Plans $0 Revisions to Conceptual Site Plan (signage, amenities, sustain ability, landscaping) $13,550 1 $13,550 Design Development of Panel Text $3,000 $3,000 Design Development of Panel Template 2 sample layouts $750 $750 Preliminary Design and Layout of Panels $3,000 $3,000 Preliminary Design and Layout of Six Direction Markers $900 $900 Imager Research and License Fees $2,700 $2,700 Phase 1 Cultural Resources Inventory Report Preparation $0 CEQA Mitigated Negative Declaration $0 Notice of Intent to Adopt a MND $0 Final Initial Study/Mitigated Negative Declaration $0 Notice of Determination $0 Project Meetings with SJC/NUVIS for Env Documentation $0 Construction Document Phase $0 Records Research $0 Topo rahpic Survey $0 Prepare Base $0 Geotechnical Investigation $0 jUtility Research and Coordination $0 Off -Site Street Improvement Plan $0 Off Site Traffic Signing and Striping Plan $0 Fire Master Plan $0 Preliminary_Gradin Plan $0 Precise Grading and Drainage Plan $0 Erosion and Sediment Control Plan $0 On-site Si nin and Striping Plan $0 On-site Sewer and Water Plan $0 On -Site Electrical Service Plan $0 Hydology & Hydraulics Report $0 Storm Water Documents $0 Signage Plan with Design Development Park Signage Details $3,900 $3,900 Structural Plans $25,000 $25,000 Construction Layout Plan $0 Landscape Plans $0 Irrigation Plans $0 Technical Specifications and Contract Documents $0 Cost Estimates $0 Design Team/Governmental Agency Coordination (NUVIS: 14 Hrs Corp Princ + 16 Hrs PM) L $0 Reimbursables $0 Reversion of Excell Caltrans R/W back to City $0 Project Management Fee This Phase $8,370 $8,370 Project Administration Fee This Phase $2,790 $2,790 Desi n Sub Total $11,160 $25,000 $17,250 $13,550 $0 $66,960 Task & Description NUVIS ESE Acorn M. Scott D Ha�s­ Em Total Biddin & Construction Support Pre -Bid Conference Attendance $0 Provide Clarifications, Details, Consultations, Addendums, Advice during Bid Phase $0 Pre -Construction Meeting $0 Plan Clarifications, Additional Details, Issue Bulletins, RFIs, Review/Approve Shop Drawings, On-going Consultation during Construction Phase $1,000 $1,000 Construction General Permit (CGP) Monitoring & Inspection $0 Final Walk -Throe h/Punch Ust/Review As-Builts $0 Discovery and Treatment Plan Preparation for Construction Monitoring $0 Custom Art Fabrication and Site Finishing $142,700 1 $26,480 $169,180 Art Contigency Fee $14.270 $14,270 Cultural Resources Management Plan Preparation $0 Preconstruction Resources Sensitivity Training $0 Archaeological and Native American Daily Monitoring (by others) $0 Cultural Resources Monitoring (Geological Studies (2 days) $0 Cultural Resources Monitoring Compliance Report (by others) $0 Design Team/Governmental Agency Coordination (NUVIS: 4 hrs Corp Princ + 3.5 hrs PM) $0 Reimbursables $0 Project Management Fee This Phase $27,667 $27.667 Project Administration Fee This Phase $9,222 $9,222 Construction Sub Total $36,889 $1,000 $0 5156,970 1 $26,480 $221,339 Total Pir,ipjl osat Professional Fee $48,049 $26,N0 $17,250 $170,520 $'26,480 $288,299 August 9, 2016 (fee correction) August 4, 2016 (revised) July 12, 2016 (revised) June 28, 2016 Via e-maI1.pcardoze@nuvis.nat Mr, Perry Cardoza Nuvis 3151 Airway Ave., #J3 Costa Mesa, CA 92626 FEngiekirk STI1E111AE E1111EE1S 3621 Harbor Boulevard Suite 125 Santa Ano, CA 91104 714.557.8551 1 714.557.5530 F www.englokirk.com CONFIRMATION OF REQUEST FOR ENGINEERING SERVICES Tony 6hodsi,SE lawronce Y No, SE At your request, we have prepared the following estimate for engineering services: k1khaelK. fir"redo, SE Christophw Rosien PROJECT NAME: Northwest Open Space Community Park ThonamA. Sabel, PAD, SE PROJECT LOCATION: San Juan Capistrano,California Tonouye, SE, TEED APno, PROJECT NUMBER: Proposal DlDt am Nk Rlsld, SE mWkson Yolnyy, Al Ikanura The project consists of providing structural engineering services for the San Juan Capistrano Perk for Thomas Y. ON, SE the following items: Mahmoud Eaglohl, SE Ety Bonkkou, Sf 1. The steel dome structure and foundation. Design drawings and details to be provided by Maimed Hasson, PhD, SE architect/artist. Lump sum fee $15,000. Zen Bodo, SE Babrbllugo, SE 2. The pre -fabricated Ramada Shade structure footing and vertical "y" shaped steel tubes only. Katherh le-[hol Wood members and connections to steel member are by others. Design drawings and detail hlihonS. shiasaki to be provided by Architect/Artists. Lump sum fee $6,000. Dow W. Shobin 3. The pre -fabricated large group wood shade structure footing only. Lump sum fee $2,000. "lly E. Toneuye 4. The pre -fabricated restroom footing only. Lump sum fee $2,000. 5. RFI and Bid phase review. Lump sum fee of $1,000. Dellverables are stamped and signed calculations with mark-ups in the architectural/artist drawings. The fees for this service will be a lump sum fee of $26,000, as broken down above, plus customary reimbursable expenses at cost plus fifteen percent, not to exceed $3,000. Billing will be monthly for time expended. Any special requirements for the invoice format should be communicated immediately. No invoices can be reissued more than seven days after receipt. Payment is due on receipt of invoice or in accordance with the Standard AIA Agreement. Unpaid invoices may be charged interest at 1-1/2% per month. In the event of any litigation, a reasonable attorney's fee to be set by the court shall be included in any judgment in our favor. Services shall be performed, within the limits prescribed by you our client, in a manner consistent with that level of care and skill ordinarily exercised by other professional consultants under similar circumstances. No B1 Amendment 3 Mr. Perry Cardoza Nuvis Re: Proposal for Northwest Open Space Community Park August 9, 2016 Page 2 of 2 rEngleldrk Sr11Sr11Al ENGINEERS other representations to you, express or implied, and no warranty or guarantee is included or intended in this Agreement, or in any report, opinion, document or otherwise. The second and third pages of this document are part of this agreement. We are looking forward to commencing services upon receipt of a signed copy of this agreement. Signer represents that he or she has the authority to make this agreement. Zen Hoda, PE, S.E. Senior Project Director "Licensed by the Board for Professional Engineers APPROVED BY: rue Your Job or Charge No. B1 Amendment 3 The following conditions are part of this agreement between the parties and there are no third party beneficiaries to it: CONSTRUCTION DOCUMENTS Computations involving scientific principle serve as a guide for the experienced engineer and assist the engineer in the preparation of construction documents which reflect the structural engineering decision making process. The accuracy of computations is not guaranteed and as such may lead a user or reviewer to an incorrect conclusion. Accordingly, no computations shall be released on this Project. ENGINEER's Construction Documents are intended for the sole purpose of describing the design intent of the Project, and cannot be relied upon for any purpose other than to convey design intent. Any evaluation of the engineering decisions made by ENGINEER should be based solely on a review of the plans and specifications. Actual construction is documented in the Shop Drawings prepared by the Contractor. CLIENT agrees that the ENGINEER's Drawings are not the Shop Drawings and cannot and will not be interpreted or used as Shop Drawings. Responsibility for the preparation, completeness and accuracy of Shop Drawings lies solely with the Contractor. OWNERSHIP OF DOCUMENTS It is understood and agreed that the calculations, drawings, and specifications prepared pursuant to this Agreement, whether in hard copy or machine-readable form, are instruments of professional service intended for one-time use in the construction of this Project. They are, and shall remain, the property of ENGINEER, and shall govern in the event of any inconsistencies. The Owner may retain copies for information and reference in connection with the occupancy and use of the Project. Because of the possibility that information and data delivered in machine readable form may be altered, whether inadvertently or otherwise, ENGINEER reserves the right to remove from copies provided to CLIENT all identification reflecting the involvement of ENGINEER in their preparation. CLIENT recognizes that changes or modifications to ENGINEER's instruments of professional service introduced by anyone other than ENGINEER may result in adverse consequences which ENGINEER can neither predict nor control. Therefore, and in consideration of ENGINEER's agreement to deliver its instruments of professional service in machine readable form, CLIENT agrees, to the fullest extent permitted by law, to hold harmless and indemnify ENGINEER from and against all claims, liabilities, losses, damages, and costs, including but not limited to reasonable attorney's fees, arising out of or in any way connected with the modification, misinterpretation, misuse, or reuse by others of the machine readable information and data provided by ENGINEER under this Agreement. The foregoing indemnification applies, without limitation, to any use of the project documentation on other projects, for additions to this project, or for completion of this project by others, excepting only such use as may be authorized, in writing, by the ENGINEER. PAYMENTS TO ENGINEER No deduction shall be made from the ENGINEER's compensation on account of penalty, liquidated damages, or any sum withheld from payments to contractors or CLIENT. If the CLIENT objects to any invoice submitted by the ENGINEER, CLIENT shall so advise the ENGINEER in writing, within fourteen (14) days of such invoice, stating the reasons for such objections. If the CLIENT fails to pay ENGINEER within sixty (60) days after receipt of ENGINEER's invoice, the amounts due ENGINEER shall include a charge at the rate of 1 - 1/2% per month from the sixtieth day, and in addition. ENGINEER may, after giving seven (7) days written notice to CLIENT, suspend services under this Agreement until ENGINEER has been paid in full all amounts due for services and expenses. CLIENT shall be responsible for payment of all fees for CLIENT authorized services. CLIENT agrees to exercise diligent pursuit of all fees owed by Owner. No action of Owner shall release CLIENT of any responsibility to ENGINEER for full compensation for services rendered. ENGINEER reserves the right to lien the property or otherwise pursue all available remedies provided by California law in order to secure full compensation. DEFICIENCIES CLIENT shall promptly report to ENGINEER any defects or suspected defects in ENGINEER's services in order that ENGINEER may take such prompt, effective measures as will, in ENGINEER's opinion, correct or minimize the consequences of such defect. TERMINATION OF AGREEMENT In the event CLIENT terminates the Agreement through no fault of the ENGINEER, the ENGINEER shall be paid compensation plus Reimbursable Expenses for services performed up to the termination date. ENGINEER reserves the right to complete such analysis and records as are necessary to place files in order and complete the report of the work performed to date. LIABILITY AND INDEMNITY ENGINEER represents that the services shall be performed, within the limits prescribed by CLIENT, in a manner consistent with that level of care and skill ordinarily exercised by other professional consultants under similar circumstances. No other representations to CLIENT, express or implied, and no warranty or guarantee is included or intended in this Agreement, or in any report, opinion, document or otherwise. In hiring ENGINEER, CLIENT purchases services and not insurance and is justified in expecting only reasonable care and competence and not infallibility. CLIENT hereby indemnities and holds ENGINEER, its agents and employees, harmless against any claims, actions or demands against ENGINEER, its agents and employees and against any damages, liabilities or expenses, including reasonable attorney's fees, for injury to or death of any person and for loss of or damage to any property caused by negligent or willful acts, or the use of ENGINEER's design for any application other than originally intended, by the CLIENT or CLIENT's other consultants or subcontractors, or anyone directly or indirectly employed by them. Should ENGINEER be found to have been negligent in the performance of professional services, the maximum aggregate amount of CLIENT's recovery against ENGINEER and/or its employees is limited to the amount of the fee paid to the ENGINEER. B1 Amendment 3 11 The Acorn Group, Inc. 180 South Prospect, Suite 230 Tustin, CA 92780 (714) 838-4888 jrigby@acorngroup.com/www.acorngroup.com Project: Interpretive panel development for Northwest Community Park Client: Nuvis Date: May 24, 2016 Scope of Work: I. Planning Attendance at kick-off meeting with City and Nuvis, plus site visit, $250.00 Assumes one hour of travel, meeting, and walk-through. Preparation for and facilitation of portion of design workshop, $1,250.00 Assumes the City and Nuvis will take care of administrative tasks including communication, outreach, and establishing of meeting location. Assumes focus of interpretive portion is focused on establishment of topics, themes, and goals for interpretation. Fee is based on one hour of travel, two -three hours of preparation work, facilitation during workshop, and post -workshop work and correspondence. Development of interpretive summary, $1,500.00 Includes summary of site's interpretive significance; establishment of theme, subthemes; interpretive goals for six panels; and content outline. II. Design development Development of text, $3,000.00 Includes background research, panel copy for three panels (titles, subtitles, main text, and callouts), and one round of revisions for each of three panels. Client to submit one document showing all tracked changes and edits before Acorn Group revision work is undertaken. Additional text development per panel billed at $500.00. Design template, $750.00 B1 Amendment 3 Development of two sample layouts showing color palette, fonts, and placement of images, text blocks, and masthead. Preliminary design and layout of panels, $3,000,00 Preparation of six panels with images as FPO (for position only); includes one round of revisions, Client to submit one document showing all tracked changes and edits before Acorn Group design revision work is undertaken. Additional preliminary design and layout per panel billed at $500.00. Preliminary design and layout of six directional markers, $900.00 Preparation of two sets of design. Client to select preferred design format and submit one document showing all tracked changes and edits before Acorn Group design revision work is undertaken. Additional preliminary design and layout per marker billed at $150.00. Image research, $900.00 Photo and art archive research and correspondence/procurement time. Image license fees, $1,800.00 (estimate only, based on allowance of $300.00/panel) Assumes City, Nuvis, or tribal representatives will supply some of the high resolution photographs plus vector art for any required logos and maps at no charge to The Acorn Group. Commissioned art, to be determined. III. Final Design/"Construction Document Development" Final design development and pre -press production of panels, $3,000.00 Final art production and delivery of digital art according to vendor specifications, based on six 36 x 24" panels. Additional final design development per panel billed at $500.00. Final design development and pre -press production of directional markers $900.00 Final art production and delivery of digital art according to vendor specifications, based on six directional markers. Additional final design development per marker billed at $150.00. Total estimated fees, $17,250.00 based on monthly submittal of invoices for completed work, net 30 days. Fees include communication expenses, local travel, and up to: three meetings with tribal leaders, two meetings with City/Nuvis, one design workshop, and 24 hours of communication by phone and email with Nuvis. FEIN: 33-0688033. B1 Amendment 3 Marsh Scott 33942 Malaga Dr. apt A, Dana Point, CA 92629 949.494.8672 www.MarshScoti.com marshscott@me.com Perry Cardoza, RLA, ASLA Executive Vice President NUVIS LANDSCAPE ARCHITECTURE & PLANNING p: 714.754-7311 ex 230 1 c: 714.747-1190 e: pcardoza@nuvis.npt w: www.nuvi .nit San Juan Project - Scope of Design Work 8/11/16 • Three meeting with City @ 3 hours each $1350. • Three meetings with NUVIS @ 2 hours each $900. • Free hand drawings or computer generated graphics showing design concepts for; Directional Markers, Interpretive Sign Base and two sizes of housing frame structures. Designs must be approved by Tribe. 2 alternatives each. Allow 36 hours $ 5,400 • Select materials, specify measurements and fabrication scope for fabrication, powder coating and material quotes @ 16 hours each $2400. Material, fabrication and finish samples of selected concepts $3500. Total Design Work $13,550 Structural Engineering by others. San Juan Project - Scope of Fabrication Work • Fabricate (3) 9'd x 6'6" housing frame structures (+6" below grade) • Fabricate (3) 12'd x 7'6" housing frame structures (+6" below grade) • Fabricate (4) 8' directional markers (+6" below grade) • Fabricate (6) 8' structures to hold interpretative signs (+6" below grade) • Fabricate (1) temporary, adjustable installation support for fabrication and installation of housing structures Note: housing structures will be in (79) finished parts. Markers and Signs will be one-two pieces each. Fabrication to include: Building adjustable structure to support housing frames during construction and installation. Purchasing materials including metal tube, wire and plate, finished and working hardware, texturing material, paints, abrasives and incidentals. Cutting, sawing, welding, bending, forming, surface preparation, drilling, sanding, fitting, labeling. B1 Amendment 3 Water jet cutting and fitting of all cut and open ends for all and original feather/leaf for each Marker and Sign. Transportation to powder coater. Powder coating finish. Total Fabrication $ 134,900. Post Fabrication to include: • Consultation on installation @ 16 hours $2400. • After installation on site: additional paint, texture and finishes @ 42 hours $5400. Total On Site Finishing $7800. Scope does not include: Structural engineering Permits Delivery and storage after powder coating Site work Footings Electrical Installation Interpretative signs Storage if delay between fabrication and finishes Total Design, Fabrication and Finishing $ 156,250. Marsh Scott Perry Cardoza 81 Amendment 3 date date 01/06/2006 12:39 1149631852 D0N HANSEN ENTERPRISES 3619 W, Pendleton Avenue SANTA ANA, CALirORNIA 92704 staff Uc. M31DO978 (714) 231.3284 tllww.dhconcnet"ta ntpinti.00 M Submitted ry Cay &IrigiAvl3lf L:DlettHC{NII�i urONit NMPLI r'^'!1, a•• HANSEN PAGE 01 Page No - of Pages PROPOSAL PRt3PCRIY LINES: Owner shall loeplo and point our property lines Ip eontoudol. Contractor may, al hla option, require owner to provide a licensed land surveyor's. map of property - lee NAu[MU.+HFe lie llYl,f 7 ! –7.S 111 -7 34 •9 7S4 '7346 h�)--I kwl s - OP 4 S 4fs bury eub-i 6Yroc1j=lb0 r= and ee l'rn ltM lot' Co t ll �- �y pp7.s•,.,. 1"r.w.ti._..t 1_....1.i.c-g. ,i5'��vfpor4sy� �o btL cl.,� �luaro'r� r,4 A,yiLel -,f itiT rti,V pTtYCsz,. 0-T"Lle, Jo tvol+.010+1— it 'APf1Yojr .A we'.e.. ......a. Contractors are required by law to be 111wrssed and regulated by the Cardractors' Seats t_fcense Board which has Jurisdiction to Investigate complaints aggalnat contractom If a complaint regarding a patent ucl or omisalon Is filed wilhln four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be flied within ep yyaera of the date of the alleged violation. Any questions concorning a contractor may be referred to the Registrar. CCntract"s' Stats License Board, P.O. Sox 28W, Sacfarnenlo, CA 95828, >51LCil? LN5 Itlq)GIREN ANVONE WHO CON'IVAC114'I1) VO CON;NUOI("1ION MIRK 10 Inti 1AUENNED IN Flit' VONIRAUVIRS" STATE IMTNSY IIII, Nl) IVI'111: I,1('g,KNl;n t'A'fP;Q/11lY IN %V1111'11'1'111, ('ON'1"1(AVI'OR IN GOING IY) Ill•: 11'ORRIN'1:.,. It+1111?811`,11. PRICE 01• '1'111•; ,1(111 IS y51N1 ON b111R1? IIAI'I,II11IN(: LABOR ANI) RIXIVNIALSI, I,!CtNSI:11 COSTHAC14JIHS Akt, 10"G, I, 11'1111 If} I„1115IMSIGNI;p 1'0 VKll'IV('f IIID, I'IIIIIAC. II 1'111. ('IRN'IRM•r WI III SO.NIt',ONK WIIO 1 OEN YIT IIAVU A 1ACENSF,' I'll)': CONTRA(1014'4' STATV LICENSE BOARD MAY Ill; 1!h AIII,I? I'll ASS1S1 VOI! 1AITI1 ,\ 1'11,11PLAINI. Vinci 0NY.1' ISY•;AIt;I,1V ,1(:AIN.y I' AN LINI,It'I';NSkU CON 1'kA(•It)R NAY III: IN( IVII, 1'111 nt1', .\Nn VI)I .11A1' Ilt� 1.1.511I,I•; 1'114 11,1AIAGI;S AYdSYNI: 111:1 IN+ANI' 1`,IIINIE1, 111'1'11)'• CON'1'NAClim oft Itis ON 1n;R P;.NPLOI'I':I15. \Ot )IA)' l'ONYA('T TIIK CONIRAVI'URY tirAIF LIf'RNSE YIUAIIII'f Y) I-I.N11 ht!I' IR I'IIIS CONITACIUK HAS A VALID LIC ISISE. '110: I1(IARII II.1S CON11-1,ICI'K INI-ORIII TION ON I'I(t: 111.1"ro V OIC 1,11'1(1,41•:11 ('ON•I'11n1'1'U11S, IN( I,L911NG ANN Po"IIII K YJMPt:NSIONS. RKCOUAill INK, .11.111 ta'I I;M1 I'ti, r\All l'I'1'A'1'h1N'K. 1'116. BOARD HAS 111-1.11'I:b I'IMOVG1111111 CAI,IPukN IA. I'Lli 1SI•; 1'111:("K 1'IIt; (:flURNA11•:NI PAGEN OF 1111•: 11•Ill l'K iliCELS Fl R 1HK OFFICt: NVARKSI' 1'111! Ilk CALL I•NINL,S?I-11L11 Id IR 61URK INHIRNIAl ION. We PrOpoBB to perform the above work In aocordance with the drawings and specirlcalions submitted, and to Complete It In a workmanlike manner According to staindard practioas for the Bum ot: Down Payment of - S1U45 ,0a k— PAYMENT SCHEDULE, The Contract Price Shall be paid In progress payments, which do not Include finance charges of any kind, according to the following schedule. upon signing Contract; % ($ _) upon completion of _) upon completion of shall os mads forthwith upon —) complollon of work under ON contract. Upon eollofaotory payment being made Ior any portion of the wolk pattormed, lite nteaclor shall, pdpr to any nlriher peymanl being made, furnish to The Owner or Tonanl contracting for the home fmprovement or ewimmlrrg pool, a lull and unwndirional Iolamo from any claim or mrlchani, a Ilan for that porion of the work Ior which payment hug been made, You the Owner or Tenant have the right to require the Contractor to have a performance and payment bond.. Acceptance of Proposal - The above prloes, speclfloatlons and conditions are satlafaotory and are hereby accepted. You are authorized to do the work as %pacifitud. Payment will be made as outlined above It Is understood and agreed that this wort is not provided for In any Wider agreement and no contractual rights adee until this proposal Is accepted In writing. Fallura by the Conlrnelor, without Iavlrful excuse, to subutanllally commence work within twonty (20) days from the npproxlmate daltt specifled In this contract when trio wort( will bapin, to a violeilon of the Contractors Lmana t Law, 4 d•� a.._ may% 1- y on. V —� �Uti rl.a..cn t9!'p You, the Buyer, mey cancel this transaction nt an time of aorrarthi date of thle Iraneaction. See the Notice of Cancellation form (rervaorse slide) lot an phni\ntivin lof'Lf1all: ralghi{lar tit® B1 Amendment 3 IMPORTANT INFORMATION ON BACK ►