Ebix Insurance No. S200004737
AMENDMENT NO. 3
TO THE AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
NUVIS LANDSCAPE ARCHITECTURE, INC.
FOR
CENTRAL PARK NEW ENTRANCE, ACCESS, AND PARKING IMPROVEMENTS PROJECT
PREAMBLE
This agreement (“Amendment No. 3”) is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and NUVIS Landscape Architecture, Inc., a California corporation, (Consultant). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”
RECITALS
The Parties previously entered into an agreement entitled “Agreement for Design Professional Services Between the City of Santa Clara, California, and NUVIS Landscape Architecture, Inc. for the Central Park New Entrance, Access, and Parking Improvements Project,” dated August 23, 2021 (Agreement); The Agreement was amended by Amendment No. 1 dated October 5, 2022 and Amendment No. 2, dated July 24, 2024. The Agreement is again hereby amended by this Amendment No. 3. The Agreement and all previous amendments are collectively referred to herein as the “Agreement as Amended”; and; The Parties entered into the Agreement for the purpose of having Consultant to provide landscape and engineering design services for the Central Park New Entrance, Access, and Parking Improvements Project (Project), as fully described in the Agreement; and the Parties now wish to amend the Agreement for additional landscape and engineering design services to rehabilitate the existing pavilion parking lot, which includes preparing bid documents (plans, specifications, and engineer’s estimate - PS&E) for public works bidding, assisting with obtaining Building and Fire permits , and providing engineering support services during bid and award, construction, and post-construction phases of the Project.
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
Section 6 of the Agreement, entitled “Compensation and Payment” is amended to read as follows:
In consideration for Consultant’s complete performance of Services, City shall pay Consultant for all materials provided and Services rendered by Consultant in accordance with Exhibit B, entitled “SCHEDULE OF FEES.” The maximum compensation of this Agreement is six hundred thirty-nine thousand six hundred seventy-two dollars ($639,672) subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation shall be at Consultant’s expense. Consultant shall not be entitled to any payment above the maximum compensation under any circumstance.
Exhibit B, entitled “Schedule of Fees,” of the Agreement is amended to read as shown in Revised Exhibit B, attached herein.
Except as set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. In case of a conflict in the terms of the Agreement and this Amendment No. 3, the provisions of this Amendment No. 3 shall control.
The Parties acknowledge and accept the terms and conditions of this Amendment No. 2 as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form:
Dated:
Glen R. Googins
City Attorney
Jōvan D. Grogan
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”
NUVIS LANDSCAPE ARCHITECTURE, INC.
a California Corporation
Dated:
By (Signature):
Name:
Perry A. Cardoza
Title:
President
Principal Place of Business Address:
20250 SW Acacia Street, Suite 260
Newport Beach, California 92660
Email Address:
[email protected]
Telephone:
(714) 754-7311
Fax:
(714) 754-7346
“CONSULTANT”
AMENDMENT NO. 3 TO AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
NUVIS LANDSCAPE ARCHITECTURE, INC.
FOR
CENTRAL PARK NEW ENTRANCE, ACCESS, AND PARKING IMPROVEMENTS PROJECT
REVISED EXHIBIT B
SCHEDULE OF FEES
I. GENERAL PAYMENT
The total payment to the Consultant for Basic Services, as stated in Exhibit A, shall not exceed $625,287. The amount billed to City for pre-approved Additional Services shall not exceed the sum of $14,385. In no event shall the amount billed to City by Consultant for Services under this Agreement exceed $639,672, subject to budget appropriations.
Consultant shall bill City on a monthly basis for Services provided by Consultant during the preceding month on an invoice and in a format approved by City and subject to verification and approval by City. Billing shall be proportionate to the Services performed for each task completed. The invoice shall describe the Task completed, and percentage completed by Task, and total during the invoice period. The invoice shall also show the total to be paid for the invoice period. City will pay Consultant within thirty (30) days of City’s receipt of an approved invoice.
II. BASIC SERVICES
The total payment to Consultant for all work necessary for performing all Tasks, as stated in Exhibit A, shall be in proportion to Services rendered and on a Time-and-Material not-to-exceed basis.
The Consultant fee allocated to each Task, as shown below, shall be the Consultant’s full compensation for all the Consultant Services required for the Project and by this Agreement, as directed by the City, and no additional compensation shall be allowed. The total amount of all the Tasks is a not-to-exceed amount.
The amount for each Task and the total amount of all the Tasks are as listed below:
Description of work and task
Cost for Basic Services
Phase 1 Design
Task No. 1 – Preliminary Engineering and Evaluation
$89,687.00
Task No. 2 – Community Outreach Meetings
$3,273.00
Task No. 3 – Parks and Recreation Commission and City Council’s Approval $15,279.00
Optional Task 1A – Soil Management Plan
$0
Optional Task 1B – Impacted Soil Delineation
$0
Optional Task 1C – Concrete/Asphalt Coring
$0
Phase 2 Design
Task No. 4 – 65% Construction Documents
$90,908.00
Task No. 5 – 95% Construction Documents
$62,269.00
Task No. 5A – 95% Construction Documents for
Pavilion Parking Lot
$88,349.00
Task No. 6 – 100% Construction Documents
$64,663.00
Task No. 6A – 100% Construction Documents for
Pavilion Parking Lot
$13,041.00
Task No. 7 – Bid Documents
$72,425.00
Task No. 8 – Bid and Award Phase
$29,497.00
Task No. 9 – Construction Phase
$52,344.00
Task No. 10 – Post-Construction Phase
$43,552.00
TOTAL COST
$625,287.00
In no event shall the amount billed to City by Consultant for BASIC SERVICES under this Agreement exceed six hundred twenty-five thousand two hundred eighty-seven ($625,287).
III. REIMBURSABLE EXPENSES
There are no reimbursable expenses.
IV. ADDITIONAL SERVICES
Additional Services consists of work not included in the Scope of Services outlined within this Agreement. Pre-approved Additional Services shall be billed to City at the fixed hourly rates shown below in Section V, RATE SCHEDULE, or at an agreed negotiated lump sum price. Monthly billing for Additional Services shall be consistent with the term set forth in this Agreement. Payment for any Additional Services is allowed only if written authorization is given by the City Engineer in advance of the work to be performed. Additional Services shall not exceed $14,385.
V. RATE SCHEDULE
Personnel Charges
Charges for personnel engaged in professional and/or technical work are based on the actual hours directly chargeable to the project. Charges for personnel engaged in professional and/or technical work are based on the actual hours directly chargeable to the project.
Rates by classification are listed below and shall be fixed through December 31, 2024. No adjustment to the rates will be allowed during the term of this Agreement unless otherwise agreed in writing by City. Any classifications added, or staff members changing classifications, shall be approved in writing by City.
The following rates are effective through December 31, 2024. After that period, these rates are increased by an annual escalation of 3%.
The pay rates for the project by classification are listed below:
Primary Consultant – NUVIS LANDSCAPE ARCHITECTURE, INC.:
Subconsultant Billing Rates:
RJA
CD Design Group
ENGEO
Land Design Group Landscape Architects
Activewayz Engineering
HortScience | Bartlett Consulting
Design Professional Agreement with NUVIS/Exhibit A-Scope of Services Page PAGE \* MERGEFORMAT 1 Rev. 04-12-21
Design Professional Agreement with NUVIS/Exhibit B-Schedule of Fees Page PAGE \* MERGEFORMAT 1 Rev. 04-12-21