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16-0920_NUVIS LANDSCAPE ARCHITECTURE AND PLANNING_D10_Agenda Report_SupplementaryCity of San Juan Capistrano Supplementary Agenda Report TO: Honorable Mayor and Members of the City Council FROM: ~n Siegel, City Manager SUBMITTED BY: Steve May, Public Works and Utilities Director" tL' PREPARED BY: Khoon Tan, P.E., Senior Civil Engineer f"~r:. DATE: September 20, 2016 SUBJECT: Consideration of Approval of Amendment No. 1 to the Personal Services Agreement for Final Design for the Northwest Open Space Community Park Project (NUVIS Landscape Architecture and Planning) and Appropriation of Funds (CIP 09209) RECOMMENDATION: By motion, 1. Approve Amendment No. 1 to the Personal Services Agreement with NUVIS Landscape Architecture and Planning for a contract augmentation in the amount of $489,671, for design of the Northwest Open Space Community Park Project, and extend the term of the agreement through June 30, 2018; and, 2. Authorize the City Manager to sign the Amendment No. 1 and execute Change Orders to the Personal Services Agreement in an amount not-to-exceed the contingency amount of $60,000; and, 3. Appropriate $200,000 from the CFD 2005-1 (Whispering Hills) funds to be received in Fiscal Year 2016-17 to fund the design contract augmentation and associated project administration cost. SITUATION : Non-substantive language modifications to the First Amendment with NUVIS Landscape Architecture and Planning (NUVIS) were received from the City Attorney after the posting of the subject agenda report. The revised First Amendment with NUVIS is provided within this Supplemental Agenda Report as Attachment 1. 9/20/2016 010 City Council Agenda Report DATE Page 2 of2 ATIACHMENT(S): Attachment 1 -Amendment No. 1 to the Personal Services Agreement with NUVIS (Revised). FIRST AMENDMENT TO PERSONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PERSONAL SERVICES AGREEMENT ("First Amendment") between the City of San Juan Capistrano ("City") and NUVIS Landscape Architecture and Planning, ("Consultant") is made and entered into, to be effective the 20th day of September, 2016, 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) (the "Agreement"); 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 Sections 1, 2 and 3.1 of the Agreement as follows: A. Scope of Work (Section 1) This First Amendment will amend the scope of work to be performed by the Consultant under the Agreement to add those tasks set forth in Exhibit "A-1 ," attached hereto and incorporated herein by this reference. To the extent that there are any conflicts between the provisions described in Exhibit "A-1" and those provisions contained within the Agreement as amended by this First Amendment, the provisions in the Agreement shall control. B. Contract Term (Section 2) This First Amendment will extend the contract completion date under the Agreement to July 30, 2018. Consultant shall commence performance of the services set forth in Exhibit "A-1" upon the execution of this First Amendment by both parties. C. Compensation (Section 3.1) This First Amendment shall add the sum of Four Hundred Eighty Nine Thousand Six Hundred and Seventy One Dollars ($489,671) to the amount payable to Consultant under the Agreement for the performance of the services set forth in Exhibit "A-1." ATTACHMENT 1, Page 1 of 59 All other provisions of the Agreement not amended by this First Amendment shall remain in full force and effect. ATTEST: By: __________________ __ Maria Morris, City Clerk APPROVED AS TO FORM: By: __________________ __ Jeffrey Ballinger, City Attorney CITY OF SAN JUAN CAPISTRANO By: ____________________ __ Ben Siegel, City Manager CONSULTANT By:~~~-=--------------­ Leslee A. Temple, President NUVIS Landscape Architecture & Planning ATTACHMENT 1, Page 2 of 59 EXHIBIT "A-1" ATTACHMENT 1, Page 3 of 59 ATTACHMENT 1, Page 4 of 59 Stantec=Stantec (Civil/Survey) DYA=Diaz Yourman Associates CDG=CD Design Group (Electrical) S+A=Sweeney+Associates (Irrigation) CG=Chambers Group (Environmental) ESE=Englekirk Structural Engineers (Structural) Acorn=Acorn Group (Interpretive) M.Scott=Marsh Scott (Artist) ATTACHMENT 1, Page 5 of 59 ATTACHMENT 1, Page 6 of 59 ATTACHMENT 1, Page 7 of 59 EXHIBIT A-1 -SCOPE OF WORK PROJECT MANAGEMENT NUVIS approaches projects through practical analysis of the unique conditions associated with the particular location and program criterion. Design solutions are then tailored to the specific situation to ensure maximum effectiveness. Our project management process is predicated upon: • understanding, articulating and resolving specific project issues; • establishing and following a well-defined design statement; • innovative, creative analysis and alternative idea generation; and • intensive design team collaboration. Our initial charge will be to meet with the City through a Scoping Meeting in order to: • understand the project objectives and if any new information available; • determine project requirements; • develop a clear definition of design criteria and program objectives; • request/receive project documents to be provided by the City; and • prepare a detailed project design schedule. The Scoping Meeting will be attended by NUVIS, the City Project Manager, relevant departments as invited by the City, and NUVIS Team Subconsultants. We believe the key to the success of this project is effective and thorough communication between the City and design team to identify and resolve issues, thus allowing the necessary services to proceed quickly and efficiently. We understand that our responsibilities include not only answering the questions, but facilitating the process by determining what appropriate questions should be asked. This task includes coordination and interface including, but not limited to, meetings, telephone conversations, memos, faxes, voice mail, and email with community stakeholders, applicable governmental agencies' departments, and project design team. Initially, the meetings will establish the guidelines and specific criteria to direct the team's efforts. Thereafter, these meetings will provide a continuum to receive information, clarify input, inform staff of progress and direction, generate information and allow the Client the opportunity to review and comment on draft concepts and recommendations. These concerns, needs or alterations are addressed expeditiously, thereby keeping the progress of the work at a maximum. NUVIS will be responsible for maintaining the Project Design Schedule and work of all the members of the design team. NUVIS shall be available to the City for periodic meetings during the Construction Document Phase to update the City as to the project status and verify that the project objectives and milestones are being achieved by all parties. Deliverables: Project Design Schedule; Project Design Meeting Notes ATTACHMENT 1, Page 8 of 59 CONCEPTUAL DESIGN PHASE I SITE VISITS The NUVIS team shall conduct site visits to review current existing conditions with previously documented conditions as needed. I DUE DILIGENCE, REVIEW OF EXISTING PLANS This phase centers on information gathering and program definition. Part of this task will be to perform appropriate functions such as project research through a literature search and personal interviewing with regard to applicable regulations, attitudes and general planning/development concerns. These accumulated materials along with verbal resource communication from various sources enrich the design process. The City shall also furnish Team NUVIS with all necessary reference data, which includes, but is not limited to the following: • current geotechnical reports; • accurate and current/proposed infrastructure, service and utility plans; • record maps and street improvements; • accurate reference data; • funding limitations and phasing requirements; • project requirements including program, constraints, and criteria; • prompt notification in writing of architectural, engineering, or site changes; • as-builts, where appropriate, for coordination with existing facilities; and • historical or other pertinent information. I DESIGN CHARETTES AND CONCEPTUAL SITE PLAN DETAILS Using the City approved concept plans for the Cultural Group Area and the Corporate Area, NUVIS and Acorn Group will meet with the local Native American groups and conduct up to two (2) design charrettes. Based upon the input received from these charrettes, NUVIS will refine the· details as necessary to incorporate feedback. Based on feedback, we will select and incorporate site amenities which offer vandal-resistant features, are ADA compliant, and are built for longevity. Based on the thematic design, the site amenities will cohesively integrate into the surroundings and become visually appealing to the park user. We understand that a prefabricated restroom structure (approximately 600SF) is desired. It is our understanding that the design team will provide engineering and utilities to the pad allocated for the prefabricated restroom and that the manufacturer shall supply all specifications and calculation required for successful installation of the prefabricated structure. A strategy meeting will be held with City personnel to review the refined concept plan details and receive input. ATTACHMENT 1, Page 9 of 59 I DESIGN DEVELOPMENT Based upon the approved concept plan and details, the plan will progress to Design Development level to further develop shape and character of the park's landscape into a detailed CAD plan. The Design Development level plans will include, but not limited to: • types and samples of signage; • photos/images of proposed site amenities to indicate design, textures, and colors; • refined planting plan; • conceptual landscape lighting plans with images to depict lighting concept and character; • hardscape and paving plans developed at an appropriate scale and include material selection as to type, color, and texture (for proposed horizontal and vertical elements) with an appropriate number of related conceptual landscape construction details. CONSTRUCTION DOCUMENT PHASE I RECORDS RESEARCH As an extension of our data reconnaissance, Team NUVIS shall further research and obtain any, if not already obtained, existing plans for street, sewer, water, storm drain and dry utilities within the vicinity of the Project site including all relative information such as easements, right-of-ways, roadway centerlines, property lines, etc. Deliverable: Not applicable I CONSTRUCTION LAYOUT PLAN Based upon the approved concept plan and the topographic survey and mapping, NUVIS will produce a Construction Layout Plan as the basis of design for all disciplines. Plan shall include all proposed improvement including, but not limited to roads, fences, walkways, shade structures, trails, hardscape items, site amenities, restroom building, signage etc. Deliverable: Construction Layout Plan I LANDSCAPE PLANS Based upon NUVIS' data and site reconnaissance, NUVIS shall prepare a demolition and weed abatement plan for the project area which will be sensitive to those plant and tree materials which should remain protected in place and yet will target for removal all noxious and invasive weed and plant material. Based upon the approved concept planting plan, NUVIS will develop planting plans, legends, notes, details, and specifications for the project site. Plans will be designed using AutoCAD at 1 "-20' scale. The plant material selected will be based from a plant palette previously ATTACHMENT 1, Page 10 of 59 determined in the conceptual design phase and will be indigenous, low water-use, low maintenance, pest-resistant plant material. NUVIS will develop the Hydrazone Plan as part of compliance with AB 1881 in development of our planting plan. Then, our irrigation consultant, Sweeney+ Associates, will determine plant water use calculations in conjunction with design and development of the irrigation system such that the plan is in compliance with the City's Water Efficient Landscape Ordinance. NUVIS will finalize the signage plan and provide all details and specifications. NUVIS shall prepare technical specifications directly related to planting and post-installation maintenance for the care of the plant material. Deliverable: Landscape Planting Plants, Details, and Legends, Signage Plan, Construction Plan I CONSTRUCTION DOCUMENTS Preparation of construction documents formulates the projected elements into one (1) set of working drawings on 24" x 36" sheets at 20' scale and specifications book conforming to the City standard construction methods, the Standard Specification for Public Works Construction and applicable County, State, and Federal regulations and codes (i.e., CPSC, ADAAG and DOl). They may include but not limited to: • title sheet/vicinity map; • referenced standard drawings; • utility notifications; • general site construction/layout plan depicting horizontal alignment utilizing the grid/coordinate and stationing systems and detail references; • irrigation plans which illustrate pipe sizes, heads, valves, clock locations and points of connection; • planting plans which illustrate size, location, and species; • calculations(restroom, irrigation controllers, security lighting); • appropriate notes and development details (with structural calculations); Plans will be submitted at 65% complete for review and plan check by the City. Upon receipt, Team NUVIS shall make necessary amendments and further progress and refine the plans and resubmit at 95% completion level for plan check review by the City. Again, upon receipt, Team NUVIS shall make any necessary corrections and finalize the plans to 100% for final plan check and submission to the City. Deliverables: PDF and One (1) Hard Copy Construction Document packages for review at 65%, 95% and 100% completion Submittal shall include four (4) full size sets of CDs at the 65% and 95% complete level. NUVIS shall provide one (1) full-sized set of signed, and sealed, bond copy of the 100% construction drawings and provide reproducible plans and Mylar 24"x36" and a CD of the plans in AutoCAD.dwg layered format. All improvements will be on separate layers in AutoCAD. Plans in .pdf format to allow for half-size (11 x17") plan reproductions shall also be included. The City will assume reproduction cost for additional sets for City use thereafter. ATTACHMENT 1, Page 11 of 59 I TECHNICAL SPECIFICATION AND CONTRACT DOCUMENTS Team NUVIS shall prepare technical specifications in MS Word format for all disciplines. Project specific edits with information received from the City in regards to dates, times, fees, and locations shall be made to the contract documents inclusive of the Bid Schedule and General & Special Provisions for bidding and construction in accordance with City format. A set of the specifications will be provided to the City for review and comment at 95% completion. Prior to notice to bid, one ( 1) hard copies and one ( 1) electronic copy on CD-ROM will be submitted. Deliverables: PDF and One (1) Hard Copy Technical and Contract Specifications for review at 95% and 100% completion. I STATEMENT OF PROBABLE CONSTRUCTION COST NOVIS shall prepare a statement of probable construction cost to submit to the City to monitor the effect on the construction budget. NOVIS prepares such statement(s) on the basis of the materials specified on the drawings and our best professional judgment and experience with the construction industry. The statement represents assumptions and options of the construction market and contractors' methods of determining actual construction costs over which NOVIS has no control. NUVIS will prepare team documents and submit pdf file and one hard copy statement of probable construction costs relative to the bid item quantities for formal plan check by the City and applicable governing agencies at the 95% complete stage. Prior to notice to bid, one (1) hard copies and one (1) electronic copy on CD-ROM will be submitted. Deliverables: PDF and One ( 1 ) Hard Copy Statement of Probable Construction Cost for review at 95% and 100% completion BID & CONSTRUCTION SUPPORT I BID PROCESS ASSISTANC E It is our understanding that the City will perform bid administration duties, including but not limited to, advertising for bid, preparing addenda, receiving and awarding construction bid . Although the City administrates the bid process, the NUVIS team is available for interpretation of plans and specifications; submitting information for addenda, reviewing bid proposals and assisting with the awarding of the construction contract. Deliverables: As needed Bid Phase RFI, RFC, addenda, and other information as needed. I FIELD OBSERVATION Performance of field observation during construction establishes standards of acceptability. Duties would include but not limited to: • attendance at pre-construction conference; • respond to questions and interpret plans and specifications; • assisting in determining and processing change orders; ATTACHMENT 1, Page 12 of 59 • attendance at periodic site visits as mutually agreed with City; • review of shop drawings, samples and other submissions; • field selection of plant material; or • participation in preliminary and final checklist preparation. As requested by City, NUVIS will visit the site at intervals appropriate to the stage of construction to review the progress and quality of the work and to determine in general if the work is being performed in a manner indicating that the work, when completed, will be in substantial conformance with the construction documents. However, NUVIS will not make exhaustive or continuous on-site inspection to check quality of the work. NUVIS, per the RFP has allowed for twelve ( 12) bi-weekly construction meeting on-site to review construction progress. There is no warranty or guarantee either expressed or implied by NUVIS for the completion of work or the quality of performance by the construction contractor(s) or the product(s) installed. NUVIS is not responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work, since these are solely the Contractor's responsibility. NUVIS is not responsible for the Contractor's failure to carry out the work in accordance with the construction contract documents, nor responsible for acts or omissions of the Contractor, subcontractors, or their agents or employees, or of any other persons performing portions of the work. Deliverables: As Needed RFI, RFCs, shop drawing reviews, issue of bulletins, additional details, 12 biweekly construction on-site progress meetings, final walk-through, review of as-builts as provided by contractor. ATTACHMENT 1, Page 13 of 59 EXCLUSIONS/EXCEPTIONS/ ASSUMPTIONS NUVIS Our firm's professional liability insurance coverage requests that agreements for geotechnical investigation be handled separately between the City and geotechnical consultant. It is agreed that NOVIS has no responsibility for any geotechnical investigation. Signage plans do not include fees related to copywriting, illustration, image procurement. City shall be responsible for review of documents submitted and render decisions pertaining thereto in a reasonably prompt manner, so as to avoid unreasonable delay in the orderly progress of services. City shall be responsible for all plan check fees and building permits; review of documents submitted and render decisions pertaining thereto in a reasonably prompt manner, so as to avoid unreasonable delay in the orderly progress of services. The City shall pay for all costs associated with printing or advertising the project for construction bids. The City shall perform bid administration duties, including but not limited to, advertising for bid, preparing addenda, receiving and awarding the construction contract documents. The City shall perform construction administration/management responsibilities, including but not limited to, the preparation, approval, issuance of Certificates of Payment, Change Orders, and Final Notices, and providing daily construction inspection of the project. This work shall be in addition to the observation services provided by the consultant. The City shall provide daily construction inspection of the project and such costs will not be borned by the consultant. This work shall be in addition to the observation services provided by the consultant. EXCLUSIONS Items not specifically identified in the scope of service sections of this proposal are to be excluded from this work effort and would be considered additional services. Such services would include, but are not limited to, the following: • Structural Design • Geotechnical Reports • Traffic Control Plans • Right of Way Engineering • Construction Staking Services • Landscape and Irrigation Plans and Calculations • Traffic Signal(s) • Dry Utility Design and Utility Agency Coordination of new service requests • Boundary Research • Boundary Survey ATTACHMENT 1, Page 14 of 59 • Boundary Monumentation • Record of Survey I Corner Record • Legal Descriptions, Easement Descriptions • AutoCAD base files • Centerline and Right-of-Way Reestablishment: VA will NOT reestablish the centerlines and rights-of-way of Camino Capistrano, Trabuco Creek, or the Metrolink/ Amtrak railroad tracks. • No boundary survey of private or public property will be conducted. ATTACHMENT 1, Page 15 of 59 St a ntec Rev. August 10, 2016 File: 207382004.012.240 Stantec Consulting Services Inc. 46 Discovery Suite 250, Irvine CA 92618-3133 Attention: Mr. Perry Cardoza Nuvis 3151 Airway Avenue, Suite J-3 Costa Mesa, CA 92626 Dear Perry, Reference: OPEN SPACE COMMUNITY PARK, CITY OF SAN JUAN CAPISTRANO Thank you for providing Stantec Consulting Inc. the opportunity to submit this proposal to provide professional civil engineering services for the Open Space Community Park (Project) located in the City of San Juan Capistrano, California (City). We have met with City staff and reviewed the latest Site plan provided to us by the City. (Exhibit A, titled "Northwest Open Space Community Park- Site Plan Option 1"). Stantec will work under a sub-contract with Nuvis to provide civil engineering and surveying services for the Project. We understand that the Conceptual Phase of the Project has been completed and that a Construction Budget has been set. Stantec has reviewed the tasks completed during the Conceptual Phase of the Project and re -evaluated the tasks that need to be performed in order to produce the final construction documents for this project. This proposal includes the preparation of some supplementary topographic survey, the preparation of a digital Base Plan, street improvement plans to provide a left turn access to the site, fire master plan, preliminary grading plans, precise grading and drainage plans, sewer, water and fire water plans, and erosion control plans to be a subset of Nuvis' construction package, required for this site. Bid and construction support services have also been Included in this proposal. A complete and detailed scope of services is provided in Section I and proposed fees are included in Section II of this proposal and Exhibit B, "Estimated Fee Spreadsheet". We will provide our services on a time-and-materials, not-to-exceed basis in accordance with the attached Exhibit "B". Design With community In mind AlTACHMENT 1, Page 16 of 59 August 10,2016 Mr. Perry Cardoza Page 2 of I l Reference: OPEN SPACE COMMUNITY PARK, CITY OF SAN JUAN CAPISTRANO I. SCOPE OF SERVICES Construction Document Phase 1. Supplementary Topographic Survey Stantec will supplement the aerial survey obtained during the conceptual phase of the project with a ground-based survey of improvements as follows: • Cross-sections every 50-feet along Camino Capistrano, from the north side of Trabuco Creek to 1 ,200-feet northerly thereof. • Evidence of utility location including utility covers, manholes, and lids. • Other features as deemed necessary for road design. We anticipate collecting approximately 500 topo points. This includes approximately 24 cross-sections. Typical cross-sections will include approximately 9 key features. 2. Prepare Base Plan Stantec will prepare a Base Plan of the Site (in AutoCAD), which will include a paper boundary, aerial topography, utilities and proposed improvements based on the approved conceptual plan . Stantec will use control points and incorporate information from an ALTA prepared for the City, and that has been provided to Stantec. This Base plan will then be distributed, for use, to all the other consultants. 3. Utility Research and Coordination Stantec will provide notification (by certified mail) and coordinate with utility companies regarding existing and future facilities, potential conflicts, relocations, etc. If necessary, relocations/adjustments of the existing utilities will be identified and coordinated with the appropriate utility companies. A copy of all notice's I correspondence shall be provided to the City for records . 4. Qff.-Site St'reet Improvement Plans Stantec will prepare off-site street improvement plans to construct a left turn pocket to the proposed Project. Stantec will provide a preliminary alignment plan for a right turn lane at the entrance to the park to show the impacts caused by the additional road widening and the treatment of the bike lane etc. Standard transition per Caltrans standards will be applied to Camino Capistrano widening. Street cross sections will be prepared at an interval of every 50 feet. Stantec assumes two plan sheets of improvement plans, at a Doslgn wllh community In mind ATTACHMENT 1, Page 17 of 59 August 1 0, 2016 Mr. Perry Cardoza Page 3of 11 Reference: OPEN SPACE COMMUNITY PARK, CITY OF SAN JUAN CAPISTRANO scale of 1 "=40', one sheet of street cross sections, title sheet, and detail sheet for the offsite street widening. 5. Off-Site Traffic signing and Striping Plans Stantec will prepare an off-site signing and striping plan in AutoCAD at l "= 40' scale, for implementation of the Project access improvements at Camino Capistrano as shown on the street i!llprovement plans. All Signing and striping improvements will be prepared in accordance with City of San Juan Capistrano plan preparation and design standards and the latest edition of the California Manual on Uniform Traffic Control Devices (CA MUTCD). 6. Fire Master Plan Stantec will work with sub consultant, Firesafe Planning Solutions in the preparation of a Fire Master Plan for the Project to ensure the proper design and installation of fire access roadways, water supplies, and location of hydrants, building access, and other related appurtenances. Stantec will process this plan with the Orange County Fire Authority (OCFA) to secure approval. 7. Conceptual Grading Plan Stantec will work with the City, stakeholders (the PTC) and Nuvis for a specific grading scheme that works for the site that would also minimize site disturbance. Based on conversations with the City and in order to minimize the depth of any trenching on site, Stantec will study the feasibility of raising the site and utilize material that has been stockpiled in a close-by location provided by the City. The stockpile has not been surveyed so, the quantity will be roughly estimated based upon a visual inspection. The testing of the proposed fill material from the Grove's for suitability is to be included in Diaz Yourman & Associates' (DY A) scope of work. Earthwork quantities based on the Conceptual Grading Plan will be provided to the City. 8. Precise Grading and Draina~e Plans Stantec will prepare Precise Grading and Drainage Plans, including dimensions and elevations for the proposed improvements, in accordance with the approved Conceptual Site Plan and the Conceptual Grading Plan, and in consideration of water quality requirements. All existing and proposed grades, existing and proposed improvements, entry drive, parking lot, trails, hardscape, restroom building, picnic shelter pads and all other improvements shall be identified on the plan. Stantec will design site grading to limit 'cuts", to the extent possible, in order to minimize site disturbance I impacts. Earthwork quantities shall be provided on the plans. Incorporation of Low Impact Development and Best Management Practices (LID/BMP), and the use of bio-swales, pervious materials, landscape Des ign wtlh comm,u.nlly In mind ATTACHMENT 1, Page 18 of 59 August 10,2016 Mr. Perry Cardoza Page 4 of II Reference: OPEN SPACE COMMUNITY PARK, CITY OF SAN JUAN CAPISTRANO areas, and other features shall be utilized to the extent possible to comply with water quality requirements for the treatment of storm water. Stantec will design the site such that no drainage will be discharged into the adjacent Trabuco Creek. Project design shall be performed in consideration of the South Orange County (San Diego Region) water quality and hydro-modification requirements as applicable. Risk level assessment I determination pertaining to construction and land disturbance activities under the Construction General Permit (CGP) shall also be performed during Project design. 9 . Erosion Control Plan Stantec will prepare an Erosion Control Plan (ECP) for the site. The Precise Grading Plan will serve as the basis for the preparation of this plan. The ECP will be prepared based upon the City's standards, local erosion and sedimentation control standards and codes, and will be consistent with the State General Construction Permit program requirements. Stantec will include appropriate construction BMP's to meet agency standards. The ECP will consist of one layout sheet prepared at a scale of 1"=40' and will be incorporated with the civil improvement sheets prepared tor the Project. 10. On-Site Signing and Striping Plans Stantec will prepare an on-site Signing and Striping Plan for parking lot stall striping, ADA stall signing and striping, and access roadway signing and striping, to be included as part of the Precise Grading and Drainage Plan set. 11. On-Site Sewer and Watet· Plan Stantec will prepare sewer and water plans for the project. An existing sewer lateral exists from the line servicing the Swanner House. Stantec will provide a sewer connection from the proposed restroom to this existing lateral. A domestic water service will be provided from the existing main in Camino Capistrano. A fire line will be designed for the Project to bring in fire water for proposed fire hydrants. One detail sheet and one plan view sheet is assumed for this task. 12 . Hydrology, Hydraulics Reports and Storm Drain Plans Stantec will prepare a rational method hydrology study for the proposed park site in accordance with the methodology and criteria as stated in the Orange County Hydrology Manual. The hydrology study will use the Orange County version of the AES software to perform rational method analyses for the computation of 10-, 25-, and 1 00-year peak discharges. Discharges will be computed for all storm water concentration points depleted on the grading/improvement plans. Doslgn wllh comrm1n1ty In rnlnd ATTACHMENT 1, Page 19 of 59 August 1 0, 2016 Mr. Perry Cardoza Page 5 of 11 Reference: OPEN SPACE COMMUNITY PARK, CITY OF SAN JUAN CAPISTRANO Stantec will proceed with the hydraulic design of storm water conveyances by means of WSPG modeling of the proposed storm drain conveyances and existing storm drain systems identified to receive Project flows. The hydraulic analyses will determine the size of proposed storm water conveyances. 13. Storm .Water Documents Stantec will participate in close coordination activities with City staff responsible for the National Pollutant Discharge Elimination System (NPDES) compliance as well as maintenance staff to identify BMPs that are acceptable to the City. Stantec will then prepare a Water Quality Management Plan (WQMP) for the Project that will detail water quality considerations and requirements. The WQMP will address the conditions of the City's MS4 Permit as issued by the Regional Water Quality Control Board, San Diego Region. To the maximum extent practicable, Best Management Practices (BMPs) will be implemented that are consistent with' Low Impact Development (LID} guidelines. The final WQMP will be submitted for review and approval by City staff. The construction operations will require a Storm Water Pollution Prevention Plan (SWPPP). Stantec's certified Qualified SWPPP Developer (QSD) staff will prepare a SWPPP for the site. The SWPPP will include a narrative describing its purpose to meet National Pollutant Discharge Elimination System (NPDES) requirements during construction activities, as defined in the State-Wide Permit. The SWPPP will include a site plan depicting recommended construction BMPs intended to manage the quality of water that exits the site during construction activities. This task also provides for the filing and processing of the Notice of Intent (NOI) with the RWQCB and also includes all pre-construction filings through the State Water Resources Control Board's Storm Water Multiple Application and Report Tracking System (SMARTS). This task excludes construction-period QSD/QSP activities. 14. Technical specifications Stantec will prepare special provisions for civil engineering items for inclusion in the Project's technical specifications prepared by Client. 15. Engineer's Opinion of Probable Construction Costs Stantec will prepare quantity of materials estimates, and an engineer's opinion of probable construction costs for civil related Improvements as a part of the 65% plan submittal. This task will include minor adjustments to estimates based on approved plans. Should major final plan revisions be required, additional time will be required to estimate revisions. Design with commllnlty In mind ATTACHMENT 1, Page 20 of 59 August 1 0, 2016 Mr. Perry Cardoza Page 6 of 11 Reference: OPEN SPACE COMMUNITY PARK, CITY OF SAN JUAN CAPISTRANO ' 16. Project Management, Coordination and Meetings Throughout the duration of the Project, Stantec will communicate with the City of San Juan Capistrano, the Project Team and other agencies as necessary to coordinate the design of the park improvements. Our Project Manager will attend up to 6 meetings with the Project Team and City's staff during progress of the design. A comprehensive quality control plan will be developed specifically for this Project as discussed later in this proposal. 17. Reversion of Excess Caltrans R/W back to the City Stantec will support the City efforts to reverse the excess Caltrans R/W back to the City of San Juan Capistrano. It is assumed that The City will approach Caltrans to start the process and that Caltrans will be agreeable to execute this transaction. We have assumed a total of 30 hours of our Project Manager time to coordinate with Caltrans in the execution of this task. Given that the right of way in question is defined in a Record of Survey prepared by another consultant, we do not anticipate having to prepare legal descriptions and exhibits for it. Stantec will provide three plan submittals to Nuvis . The 65% plan submittal will consist of the precise grading plans, erosion control plans, off-site street improvement plans, sewer and water plans, technical specifications, and the engineer's opinion of probable construction costs. The 95% plan submittal will consist of the precise grading plans; erosion control plan, off-site street improvement plans and sewer and water plans, technical specifications and the engineer's opinion of probable construction costs will also be submitted. Based on the City's 95% comments and requirements, Stantec will finalize the plans, specifications, and construction cost estimate. At final 100% submittal, Stantec will provide signed hard copies and electronic files for submittal to the City. Bidding and Construction Support l . Engineering Support during Bid Process Stantec will attend a pre-bid conference and a pre-construction meeting. Stantec will respond to bid inquiries and will provide document drawings or specifications changes as required by Architect. Stantec will provide information required for addenda, and will assist with post-bid review and analyses on an as-needed basis. For proposal purposes, Stantec has assumed a total of 16 hours of staff time to support bid and negotiations activities. Deslg'n with community In mind ATTACHMENT 1, Page 21 of 59 August 10, 2016 Mr. Perry Cardoza Page 7 of 11 Reference: OPEN SPACE COMMUNITY PARK, CITY OF SAN JUAN CAPISTRANO Should additional bid and negotiations services be required, they will be provided, subject to City's supplemental authorization. 2. Engineering Support during Construction Stantec will provide one ( 1) field observation visit as required. Stantec will provide clarifications, respond to Requests for Information (RFI), and make revisions to plans and specifications. Stantec will review contractor's shop drawings and submittals, and upon Project completion, will prepare a final civil punch list. For proposal purposes, Stantec has assumed a total of 24 hours of staff time for construction support. Should additional construction support services be required, they will be provided subject to City's supplemental authorization. 3. Post Construction Services-Record Drawings Stantec will provide record drawings utilizing contractor's redline drawings, and will provide support to the architectural team with regard to warranties or claims. Civil Engineering As- built plans will be prepared for City approval. For proposal purposes, Stantec has assumed a total of 20 hours of staff time for post construction services. Should additional services be required, they will be provided subject to City's supplemental authorization. Optional Items: 1. Constr.udion .General Permit (CGP) Monitoring & Inspection Stantec has calculated the Project to be a Risk Level. 1 and based on that, proposes the following "optional" task to satisfy the CGP requirements during construction. a. Weekly On-site SWPPP BMP Installation Monitoring Stantec will perform weekly site monitoring during an assumed 25 weeks construction period. A copy of the monitoring record will be sent to the contractor for on-site record keeping. b. Pre-and Po.st-Storm Event Inspection Based on NOAA's forecast of (50% chance or greater) storms, Stantec will visit the site to conduct the pre-storm inspection, document the findings, and instruct the on-site SWPPP construction supervisor on recommended additions and modifications to the BMPs. Subsequent to the qualifying storms ( 1 /2 inch of rain or greater), Stantec will visit the site to conduct post-storm inspection, document the findings and instruct the on-site Design wllh communlly irl mind ATTACHMENT 1, Page 22 of 59 August 10, 2016 Mr. Perry Cardoza PageS of II Reference: OPEN SPACE COMMUNITY PARK, CITY OF SAN JUAN CAPISTRANO SWPPP construction supervisor on recommended repairs and modifications to SWPPP due to the storm event. The storm event inspection will start the week of March 2, 2017 and will end during the week August 31, 2017. During this period, a maximum of eight (8) qualifying rain events are assumed for this task. Stantec will combine the pre-or post-storm inspections with the weekly site monitoring to minimize the number of inspections. If the storm events exceed the 8 storms assumed, Stantec will prepare a change order prior to performing the out of scope inspections. Design wll.h comrT)un.l'y (n m.lnd ATTACHMENT 1, Page 23 of 59 August I 0, 2016 Mr. Perry Cardoza Page 9 of II Reference: OPEN SPACE COMMUNITY PARK, CITY OF SAN JUAN CAPISTRANO II. PROPOSED FEES Construction Document Phase (PS&E) 1. Supplementary Topographic Survey ..................................................................... $ 4,220 2. Prepare Base Plan ..................................................................................................... $ 4,820 3. Utility Research and Coordination ......................................................................... $ 3,040 4. Off-Site Street Improvement Plans ......................................................................... $ 15,970 5. Off-Site Traffic Signing and Striping Plans .............................................................. $ 3,175 6. Fire Master Plan .......................................................................................................... $ 6,140 7. Conceptual Grading Plan ....................................................................................... $ 8,870 8. Precise Grading and Drainage Plans .................................................................... $ 17.750 9. Erosion Control Plan .................................................................................................. $ 3,360 10. On-Site Signing and Striping Plan ........................................................................... $ 2,395 11. On-Site Sewer and Water Plan ............................................................................... $ 4,935 12. Hydrology, Hydraulics Report and Storm Drain Plans ......................................... $ 3.490 13. Storm Water Documents .......................................................................................... $ 8,950 14. Technical Specifications .......................................................................................... $ 3,195 15. Engineer's Opinion of Probable Construction Costs .......................................... $ 3,195 16. Project Management, Coordination and Meetings .......................................... $ 5,180 17. Reversion of Excess Caltrans R/W back to the City ........................................... $ 4,800 Sub Total ............................................................................................................................. $1 03,485 Bidding and C onstruction Support 1. Engineering Support during Bid Process ............................................................... $ 2,300 2. Engineering Support during Construction .......................................................... $ 3,360 3. Post Construction Services ...................................................................................... $ 2,530 Sub Total ............................................................................................................................. $ 8,190 Reimbursables ......................................................................................................................... $ 1,000 TOTAL ....................................................................................................................................... $112,675 O ptional Item 1. Construction General Permit (CGP) Monitoring & Inspection ....................... $ 13,060 ' Design with comm.u.nllv In mind ATTACHMENT 1, Page 24 of 59 August 10, 2016 Mr. Perry Cardoza Page lOot ll Reference: OPEN SPACE COMMUNITY PARK, CITY OF SAN JUAN CAPISTRANO RF-IMBURSABLE TERMS Stantec will provide digital plots (*.pdf) of the civil design plan sheets to the Client to plot for plan check submittals to the governing agencies. Upon governing agency approval of the plans, Stantec will provide one set of original"wet signed" bond plans of the civil sheets for the permit set of plans. Any additional reimbursable expenses will be billed at cost plus 10%. EXCLUSIONS Items not specifically identified in the scope of service sections of this proposal are to be excluded from this work effort and would be considered additional services. Such services would include, but are not limited to, the following: • • • • • • • • • • • • • • • • Structural Design Geotechnical Reports Traffic Control Plans Right of Way Engineering Demolition Plan Construction Staking Services Landscape and Irrigation Plans and Calculations Traffic Signal(s) Dry Utility Design and Utility Agency Coordination of new service requests Boundary Research Boundary Survey Boundary Monumentation Record of Survey I Corner Record Legal Descriptions, Easement Descriptions Centerline and Right-of-Way Reestablishment: Stantec will NOT reestablish the centerlines and rights-of-way of Camino Capistrano, Trabuco Creek, or the Metro link/ Amtrak railroad tracks. No boundary survey of private or public property will be conducted . Stantec is excited to continue our successful teaming relationship with Nuvis to provide civil engineering services for this Project. We look forward to the opportunity to work with Nuvis and have the available resources to commit to the work immediately. Should you have any questions regarding this proposal, please contact Carlos Pineda at (949) 474-1401, ext. 205, or me at ext. 223. Regards. STANTEC CONSULTING SERVICES INC. Design wllh commurilly In mind ATTACHMENT 1, Page 25 of 59 August 10,2016 Mr. Perry Cardoza Page 11 of II Reference: OPEN SPACE COMMUNITY PARK, CITY OF SAN JUAN CAPISTRANO ~IIU Mohammad Heiat. PE Principal Phone: (949) 474-1401. ext. 223 Fax: (949) 261-8482 Mohammad.Heiat@stantec.com Associate Phone: (949)474-1401. ext. 205 Fax: (949) 261 -8482 Carlos.Pineda@stantec.com - By signing this proposal, Nuvis (Client) authorizes Stantec to proceed with the services herein described and the Client acknowledges that it has read and agrees to be bound by the attached Professional Services Terms and Conditions. This proposal is accepted and agreed on the Day day of Month, Year. Per: Nuvis ~~--------------------- Perry Cardoza Print Name & Title Signature Attachments: Exhibit A: Northwest Open Space Community Park-Site Plan Option 1 Exhibit B: Stantec Fee Estimate tc v:\2065\promotlon\p_2014\publ1c\son Juon coplslrano_nuvts\open spoce portc\ni!IW proposol -2016\rev~ed 06_28_2016_1eller proposol.docM [)eslgn with communlly In m)nd ATTACHMENT 1, Page 26 of 59 AMENITIES ~ RESTROOM CIM, 2\V) lVI DRINKING fOUNTAIN & STORAGE HORSE HITCHING AREA & TRAIL: (1) HITCHING POST,(!) BIKE RACK AT SEPARAT6 AREA CORPORATE AREA: (I) PICNIC PAVILION, (2) SHADE STRUCTURES, (9) ~ICNICTABLES, (I) ADA PICNIC TABLE, (2) OUTDOOR BBQ W/8' COUNTER & SINK & (I) BBQ SPIT @ POND:(I)CORONNESCUL~RE 0) EXPANDED CULTURAL GROUP AREA : SOCIAL OATHERJNO STONE, (10) MET AT!!, ( 10) MANOS, (3) RA:>.!ADAS, (6) INTERPRETIVE SIGNS, (4) DIRECTIONAL MARKERS, (6) KliCH AS CULTURAL VILLAGE ENTRY SIGN EXTENDED PAVED DRIVEWAY & ENTRY ALL-WEATHER SURFACE & SOil. CEMENT PARKING LOT BIOSWALE TRASH ENCLOSURE BUS DROP-OFF ACCESS TO DOG PARK "?' AMPHITHEATER : 1~0 SEATS, (40) BOULDERS, (24) LOG SEATS, (3) RAMADAS, & CONCRETE \!V LIMITS OF WORK STAOEW/D.O.FINISH ~ SITE PLAN-OPTION I ~ ~.::.:.:.s NORTHWEST OPEN SPACE coMMUNITY PARK I<'AI£< ,._ll7 ~ ·~II<. ::::::~::w:: ,San Julll\ Capistrano, CA ~ *-"'' .:.:: ~': .::::. EXHIBIT "A" ATTACHMENT 1, Page 27 of 59 EXHIBIT"S" San Juan Capistrano PROPOSAL Surveying, Topo Mapping, Civil Engineering & Traffic Engineering Proposal ESTIMATED FEES & EXPENSES SPREADSHEET T.a DMcriptlon I Dnla110r I Ex-& Na.d Pft SR!II Sr.PE PE llE CAIID 2MC ST.unEC -Tatol l c~wgs ... .. In In In ""' liB .In In f-Feel Foes A Cooatruclion Doa~man1 PhneCPS&E) -1 IT~phk: Suwr. ___ 2 ---12 12 2s $4.220--S4.2.20 2 ~a ease 2 8 30 '"' $4.1120 so $4,8_20 _ ~ ·~ Rcseatciiand c-dinallan 4 18 -2() S3.040 $0 s;~_ -~ ~ile Sln!el lmPR~V<!menl PL1ns G s 15 20 72 20 133 $15.970 $0 $15.570 Title 5I-' 1 1 4 8 13 so so PP"'-15 1"=4(1' 2 _4 4 30 12 50 so so Delail sheet 1 2 4 18 24 So $0 1-~P.!ulllaflllf1JN!f1l 1 4 8 8 2o $0 so s~OO! Cl1>u Secdons 1 2 18 ' 18 ~ $0 $0 OAQC 6 2 8 $0 so L Q!l-5lle Trallle Signing and Sir~ Plan 1 1 5 20 26 53.175 $0 $3,175 & F~~e ,_ Plan . 1 4 4 $640 $5.500 si;:i•o 7 p~~111an 1 2 8 38 ---~~ 62 56.870 $4.870 & P'!"i"' Go-.g and Dr.linage Plans 5 6 18 26 ·---1M 36 -150 S17.f50 -$~ Tile st.el 1 2 4 -8 14 so so Gndia P1an SliOOt 1'0W 1 8 6 32 16 82 so so Detail-2 2 4 16 6 30 so sg 1---Slorm IJr3ln Plan Protla 1 2 8 8 4 22 Earthwork 2 4 ---8 0 $0 so 14 OAQC 6 2 8 so -so-- I Erosion Cedro~ Plan 2 -2 8 a 12 30 $3.360 so 53,360 Plan 1":40 1 1 -_a _ 8 17 so so DalaU shoal 1 1 8 4 13 $0 so--- 11 on:sf1.0 ~1 ~!!iJ!l..ns -}--1 5 2 2 _1_2 __ 22 52,395 so $i;395 ff DrH11e Sc!oer arxl Water Plan-1 7 4 20 12 44 S4.93 5 so $4,935 12 t!~~cs~--~-2 2 6 16 26 53.490 so Sl-4.90 ~~ S!lol'm W*M' eoc..-.-P & SWf'~ 2 ~ 8 28 32 74 SB .950 so $8,950 -· w Ter:bnical 1llld Co!llract CJoaneqs 0 so so so ~~ilicm C~!! a ~t~~JIIct 1 5 6 12 -24 S3:195 $0 $3 .195 ---'' Cost Eslimales 1 5 6 12 24 $3,195 so $~.195 11 IPrajecl Caaodim!ion and Meelings(6) 4 23 32 " $5180 so U,180 17 ~ ~. Exc<!ss calffa~ Rl¥ll back1o.11e. ~ 30 -30 $4.600 so S-i.&OO Sllllkltal 27 1411 134 I 118 211 S2 12 7~ $97,985 $5,680 $103,.85 ~ Bidding & Con$1nt,lion Suppor1 -Engh>emg Support dLPIQ Bid Process (Attend :> Meefi~,_respond_!O g~EISiic>nsL~) 6 6 4 16 $2,300 $0 $2,300 ()-1 I ~ ~Support dumg Cons1ruclian (plan I d:riicalions, bulletins, RFI .._...,., shop drawing reviews, ell:) 8 8 8 2.4 $3360 $0 $3,360 I :a Post Coostruction Services -Record -gs 2 ~ 14 20 $2.530 $0 $2,00 I ~-Sulllalal 1 18 1. I 0 D 21 • 0 80 $1198 $0 511,190 "'0 ~ $1.000 $1,000 ·tO TOTAL HOURS 29.0 164.0 148.0 8.0 I 50.0 324.0 92.0 12.0 127.0 .. ~ TOTAL FEES $6,075 $26,240 $22,200 $1,080 $6,000 $35,640 r-$7.360 $2.580 $10&,175 $i.500 $112.675 ;<» 'Rate '($o11r) $175 1 $160 5150 S135 5120 S110 580 $215 9e Optional Tasks ! en. --co ifiSD8CiiOn • Conslnlction General Penni! {CGP) I 16 76 92 _!1~82Q s ~ ---0 so $0 ----a so so -----0-s_o ___ .SQ.. ,____ -$2<KJ S2 4ll SubtoCal Ov!IONII T-0 18 0 76 D 0 D 0 92 $12,82i!_ $240 $13,080 .. GRAND TOTAL HOURS 29.8 1101 148 14 so 324 92 12 919 ~.-. --,.._.. .... .,=~ ::._ ..... ·-.&Am .... -sz.uoo j $22,200 $11,34G $6.000 $35,640 $7.360 $2,580 $118,,995 $6,740 $125,735 Date: To: Email: cc: DIAZ •YOURMAN & ASSOCIATES August 1 0, 2016 Ms. Alicia Taylor, NUVIS, Inc. ataylor@nuvis. net Project No: From: Subject: Proposal for Additional Geotechnical Services Northwest Open Space Community Park San Juan Capistrano, California 2014-029 Mr. Chris Diaz, PE, GE Mr. Allen Yourman, PE, GE Diaz•Yourman & Associates (DYA) is pleased to present this proposal to provide additional geotechnical services for the subject project. This proposal is based on your email dated August 9, 2016; review of DYA's report revised December 14, 2014; and discussions with Mr. Perry Cardoza. We now understand that the proposed project will consist of an approximately 3 acre park. The purpose of DYA's services described herein is to provide geotechnical input to design regarding suitability of a selected borrow area for use as fill, and percolation characteristics at the current site of the drainage area. We propose to perform our services in two stages: design and construction. The scope of services specifically excludes any exploration needed to evaluate the presence or absence of hazardous or toxic materials, including mold, at the site in the soil, surface water, or groundwater. However, these environmental services can be provided upon request. Our scope of services for input to design, proposed schedule, and estimated fee are summarized in Table 1, followed by a list of assumptions. We propose to provide our design services on a lump-sum basis in accordance with the attached agreement. Future services will be provided on a time-and-expense basis in accordance with our attached Schedule of Charges. 1\Dyaserver\data\datafis\PROJ ECTSI201412014·029\Proposal 8·1 0-201612016.08-10 proposal 14-065 -2014-029.docx 1616 EAST 17th STREET, SANTA ANA, CALIFORNIA 92705-8509 (714~~711,~i~i-afif 59 Ms. Taylor 2014-029 August 10, 2016 Page 2 Table 1 -PROJECT SUMMARY TASK SCOPE SCHEDULE OVA FEE (weeks)* HOURS Data Review and Review project and underground utility Underground 1 Service Alert information provided. Mark Task 2 locations 1 6 $940 (USA) Notification in the field and contact USA. Subsurface Hand auger 2 borings 5 feet deep, or refusal. 2 Exploration Perform 1 percolation test. Backfill borings 2 11 $1,640 with cuttings. Laboratory Perform 4 moisture content/dry density, 2 3 index test (particle size analysis -#200 sieve, 3 1 $870 Testing or AtterberQ limits) and 1 compaction. Analysis and Revise the 2014 report to include conclusions 4 and recommendations regarding borrow 4 22 $3,460 Reporting source suitability and percolation rate . TOTAL 4 40 $6,910 Note: *Time to complete after receipt of written notice to proceed or site access is granted, whichever is longer. The fee and schedule presented in Table 1 are based on the following assumptions : • This scope of service is authorized within 90 days. • Encroachment permits are provided by others. • Access permit fees are paid by others. • All underground utilities are shown correctly on one set of plans described in Task 1. Note that sewer and storm drains are not included in the USA inventory. • Laboratory testing services will be provided by outside independent subconsultants/subcontractors. • The site is accessible during non-overtime hours. • Percolation test performed in general accordance with US Bureau of Reclamation 7310. • Soil and groundwater are not contaminated or hazardous. • Borings backfilled with cuttings. • One original and an electronic copy of the report will be provided. • Reviewing project plans and response to permitting agency review comments are not included. To provide written authorization to proceed, please sign the attached agreement or issue a mutually acceptable contract. We appreciate the opportunity to propose our services to you and look forward to working with you on this project. If you have any questions, please call. 1\Dyaserver\data\datafls\PROJECTS\2014\2014-029\Proposal 8-1 0-2016\2016.()8-1 0 proposal 14-065 -2014-029.docx ATTACHMENT 1, Page 30 of 59 Professional Services ATTACHMENT A DIAZ•YOURMAN & ASSOCIATES Schedule of Charges -2014 Staff I ................................................................................................................................... $11 0.00/hour Staff II .................................................................................................................................... 131.00/hour Project 1 .................................................................................................................................. 145.00/hour Project 11 ................................................................................................................................. 160.00/hour Associate 1 ............................................................................................................................. 183.00/hour Associate 11 ............................................................................................................................ 206.00/hour Principal ................................................................................................................................. 231.00/hour Support Services Word Processing/Clerical ........................................................................................................ 79.00/hour Technical Editing ..................................................................................................................... 98.00/hour Technician I .............................................................................................................................. 95.00/hour Technician II .......................................................................................................................... 116.00/hour Prevailing Wage Field Services Week Days (6 am to 5 pm) .................................................................................................... 129.00/hour Weekday Overtime (first 4 hours) .......................................................................................... 155.00/hour Week Nights (5 pm to 6 am), Saturdays (0 to 12 hours) ....................................................... 155.00/hour Sundays, Holidays, Other Overtime ...................................................................................... 180.00/hour Equipment Field Truck ............................................................................................................................... 16.00/hour Mileage ............................................................................................................................... IRS Rate/mile Nuclear Gauge .......................................................................................................................... 85.00/day Manometer ................................................................................................................................ 50.00/day Slope Inclinometer .................................................................................................................... 55.00/day Coring Machine ....................................................................................................................... 200.00/day Other Equi p ment. ....................................................................................................... Se parate Schedule Outside direct costs such as subconsultants, equipment rental, outside services, printing, copying, travel, and subsistence ..................................................................................................................... Cost + 15o/o For non-prevailing wage field services provided by a staff engineer during night time (7 pm to 7 am) a $160 surcharge/ per night and a minimum per visit charge of 4 hours will apply. Contract personnel may be charged at the hourly rates listed above. Travel time will be charged at regular hourly rates. Appearances as a witness (including depositions and court appearances) will be charged at a rate of $400/hour plus expenses, with a minimum daily charge of 4 hours. Preparation will be charged at regular hourly rates. These rates are subject to a minimum 3 percent escalation for services provided in subsequent years. Invoices are due upon receipt and are past due 30 days after the invoice date. A finance charge of 1.5-percent per month, or the maximum allowed by law, will be charged on past due invoices. Diaz•Yourman & Associates makes no warranty, either express or implied, to its statements, conclusions, findings, recommendations or specifications except that they are prepared and presented in accordance with generally accepted standard of care. \\Dyaserver\dala\dalafls\PROJECTSI201412014-029\Proposal 8-10-201612016-08-10 proposal 14-065-2014-029 docx ATTACHMENT 1, Page 31 of 59 ATTACHMENT B AGREEMENT BETWEEN CLIENT AND DYA 1. Project number 2014-029 and this agreement contain the entire agreement between NUVIS, Inc. (Client) and DYA. Any prior agreements, promises, negotiation or representations not expressly set forth in this agreement are of no force or effect. Subsequent modifications to this agreement shall be in writing and signed by both Client and DYA. 2. Client agrees that if Client requests services not specified in the scope of services described in this agreement, Client will pay for all such additional services as extra services, in accordance with DY A's Schedule of Charges. 3. DYA's or Client's waiver of any term, condition or covenant shall not constitute the waiver of any other term, condition or covenant. DYA's or Client's waiver of any breach of this agreement shall not constitute the waiver of any other breach of the agreement. 4. If any term, condition, or covenant of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this agreement shall be valid and binding on Client and DY A. 5. Client acknowledges all reports, plans, specifications, field data and notes and other documents prepared by DY A are instruments of service, and shall remain the property of DY A and may be used by DY A without the consent of Client. 6. All fees and other charges due DY A will be billed monthly and shall be due at the time of billing. If Client fails to pay DYA within thirty (30) days after invoices are rendered, DYA shall have the right in its sole discretion to consider such default in payment a material breach of this entire agreement, and, upon written notice, DYA duties, obligations and responsibilities under this agreement may be suspended or terminated, In such event, Client shall promptly pay DY A for all outstanding fees and charges due DY A at the time of suspension or termination and reasonable suspension of termination costs or expenses. Client agrees to pay a monthly late payment charge, which will be the lesser of one and one-half percent (1-1/2%) per month or a monthly charge not to exceed the maximum legal rate, which will be applied to any unpaid balance commencing thirty (30) days after the due date of the billing. 7. Client agrees that in accordance with generally accepted construction practices, the construction contractor and construction subcontracts will be required to assume sole and complete responsibility for job site conditions during the course of construction of the project, including safety of all persons and property, and that this requirement shall apply continuously and not be limited to normal working hours. Neither the professional activities of DYA nor the presence of DYA employees or subconsultant at a construction site shall relieve the contractor and its subcontractors of their obligations, duties and responsibilities. 8. DYA makes no warranty, either expressed or implied, as to its findings, recommendations, plan, specification, or professional advice except that the services were performed pursuant to generally accepted standards of professional practice in effect at the time of performance. 9. Client agrees to limit the liability of DYA, its principals, employees, and subconsultants, to Client and all third parties, for any claim or action arising in tort, contract, or strict liability, to the sum of $25,000 or two times DYA's fee, whichever is greater. Client and DYA acknowledge that this provision was expressly negotiated and agreed upon. I\Dyaserver\dataldatafls\PROJECTSI201412014·029\Proposal 8·10·201612016.()8-10 proposal 14-065 • 2014·029.docx ATTACHMENT 1, Page 32 of 59 10. Client acknowledges that DY A's scope of services for this project does not include any services related in any way to asbestos and/or hazardous or toxic materials. Should DY A or any other party encounter such materials on the job site, or should it in any other way become known that such materials are present or may be present on the job site or any adjacent or nearby areas which may affect DYA's services, DYA may, at its option, suspend or terminate work on the project. 11. DYA shall be entitled to immediately, and without notice, suspend the performance of any and all of its obligations pursuant to this agreement if Client files a voluntary petition seeking relief under the United States Bankruptcy Code or if there is an involuntary bankruptcy petition filed against Client in the United States Bankruptcy Court. 12. This agreement shall be governed by and construed in accordance with the laws of the State of California. 13. In the event of any litigation arising from or related to the services provided under this agreement, the prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorney's fees and other related expenses. 14. Except as noted below, in an effort to resolve any conflicts that arise during the design or construction of the project or following completion of the project, Client and DYA agree that all disputes between them arising out of or relating to this agreement shall be submitted to nonbinding mediation, unless the parties mutually agree otherwise. 15. Client agrees that in the event DY A institutes litigation to enforce or interpret the provisions of this agreement, such litigation is to be brought and adjudicated in the appropriate court in Orange County and Client waives the right to bring, try or remove such litigation to any other county or judicial district. 16. No statement herein shall preclude or limit DYA's right to file an action for collection of fees if the amount in dispute is within the jurisdiction of the small claims court or limit DYA's right to file, perfect or enforce applicable mechanic's liens or stop notice remedies. In this regard, preliminary notices may be filed by DYA or its subcontractors. 17. The amount of this authorization is $6,910 for Tasks 1 through 4. The method of charging for DYA's services shall be on a lump sum basis. Future services will be provided on a time-and-expense basis in accordance with our attached Schedule of Charges. If it appears that the authorized amount will be exceeded because of changes in anticipated scope or conditions, Client will be promptly notified and DYA will present a revised estimate for additional authorization. Accepted : DIAZ• YO URMAN & ASSOCIATES _...::l r ~"C._, /,h?-L7---:--, Signature: ------~---------~-""'::;...__ Name : ____ ~C~h~ri~st~o~p~he~r~M~.D~ia~z~,G~E_2~9~9_2 __ Title: Principal Date: August 10, 2016 NUVIS, INC. Signature : ____________ _ Name: ----------------------------- Title: Date: 1\Dyaserver\data\datafls\PROJECTS\2014\2014·029\Proposal 8·1 0-2016\2016.08·10 proposal 14-065 • 2014·029.docx ATTACHMENT 1, Page 33 of 59 P.O. Box 4107 Irvine, California 92612-4107 949.387 .8476p/f ~D DESIGN GROUP CA LICENSE #E-7338 May26, 2016 San Juan Capistrano Northwest Open Space Community Park Scope of Work: Conceptual Design: Integrate key design elements as directed by City, Community, and Landscape Architect and as approved by City into a harmonious aesthetic incorporating energy efficient, vandal and corrosion-resistant LED luminaires designed with emphasis on ecological integration and site intimacy. Emphasis shall include safety, security, and heightened dramatic effect. Construction Documents: Electrical construction documents and specifications shall include all information necessary for a complete and constructable, code compliant electrical system incorporating all approved elements of Conceptual Design including the following: 1. Utility Coordination for new site Electrical service and switchgear. 2. Corporate picnic area power and illumination design. 3. Power provision for prefab Restroom building. 4. Parking area lighting and controls with performance photometric calculations. 5. Water fountain and sculpture underwater lighting, filter pump power provision. 6. Specimen tree uplighting throughout parksite for dramatic, intimate effects. 7. Weatherproof power provision at circular amphitheater. 8. lngrade uplighting at cultural gathering features. 9. Entry monument sign illumination. 10. State of California Energy Compliance Documentation (Title 24) Bid Assistance: Review bids for conformation to Construction Documents and Specifications. Construction Administration: On-site construction field evaluations at 25, 50, 75, and 100 percent milestones. Change order constraints and oversight for cost containment. Normal telephone calls and email communication during construction. Project Schedule: As Electrical Engineers, we work in conjunction with the Landscape Architect to coordinate efforts through daily interfacing, and such is our 15+ year relationship with NUVIS. Insofar as we are bound to the autocad Civil and Landscape Architectural drawings, on projects of this scope, we develop requisite details, standards, and specifications concurrently while the Civil and Landscape Architectural base plans are finalized and approved. As such, our production of Electrical plans meets with minimal delay. Consequently, our schedule closely mirrors the Prime. ATTACHMENT 1, Page 34 of 59 Fee Schedule per Task: Conceptual Design: Construction Documents: Bid Review: Construction Admin.: Project Close Out: Total: 13 hrs 50 hrs Inc. 12 hrs 3hrs 78 hrs <END> $1235. $4750. N/A $1080. $270. $7335. ATTACHMENT 1, Page 35 of 59 July 1, 2016 This is an agreement for services to be performed, upon receipt by the consultant of signed agreement, one fully executed copy will be returned to the client. Should any of the information shown hereon not be in accordance with the client's understanding, the client should immediately advise the consultant. Client: NUVIS Landscape Architecture Project Northwest Open Space Community Park Description: San Juan Capistrano, California Client 3151 Airway Avenue, Suite J-3 Client's Job No.: N/A Address: Costa Mesa, CA 92626 Telephone: (7l't) 75't-73ll Attention: Mr. Perry Cardoza Facsimile: (7l't) 75't-73't6 E-mail Address: pcardoza@nuvis .net The client and the consultant for mutual consideration herein set forth, and agree as follows: A. Consultant agrees to perform the following services: Provide irrigation consulting and design services for the above referenced project. The project is the design of landscape irrigation systems for a 3.2-acre open space park within an existing 13.5-acre open space area in San Juan Capistrano, California. The project shall be designed using AutoCAD drafting software on no more than two (2) sheets of drawing at 1" = 20' scale, not counting those required for the legends, details, notes and calculations. The client shall provide all digital base information including base sheets, planting plans, grading plans, utility plans and title blocks with planting sheet set-ups. The client shall provide an e- transmit of their planting plans (including the required hydrozone plan) as AutoCAD drawings so as to include all required x-reference drawings, image files and plotting ctb files. The fee proposal assumes that an irrigation design submittal package shall be provided by the consultant at the various stages of the design and are specified below. Additional submittals (other than direct municipal agency irrigation plan check revisions) and other design phases (schematic design, design development, tender documents, permitting sets, etc.) are excluded from this scope of work and fee proposal. This scope of work and fees is based on the plans provided by the client on May 3, 2016. The fee assumes that there are no "over structure" planting areas or green roofs to be irrigated in the scope of work. The fee also assumes that there will not be any pump station design required for the project. The scope of work, as described in the RFP, shall be defined as the following: Conceptual Design Phase-The RFP does not include any irrigation design services. The consultant shall not provide any irrigation deliverables during this phase of the design. Construction Document Phase-The consultant shall provide detailed plans, specifications and calculations for the proposed irrigation system required for plant growth and maintenance. Plans shall include pressure loss calculations, points of connection, meter sizes, backflow devices, mainline, lateral lines, head layout, controller locations and flow calculations. The irrigation shall comply with AB 1881 and the City's Water Efficient landscape ordinance requirements. The City staff, for incorporation into the design plans, shall specify standard irrigation products, materials, and installation requirements to include drip irrigation systems. The consultant shall attend a single (1) pre-design meeting on site with the City staff to determine the existing conditions and discuss all City requirements. The consultant shall coordinate with the project civil engineer for water and electrical sources. No additional meetings have been included in this scope of work and fee. The fee assumes that there will be no more than three (3) submittals of the construction document irrigation drawin<ls !65%. 95% &.100%). The irrigation deliverables shall include AutoCAD drawing files (using AutoCAD e-transmit), PDF plots of the drawings and specifications in book form as a Word document in CSI format. Bidding and Construction Phase -The consult shall provide construction administration services in the form of the review and written comments on contractor materials submittals and answering of irrigation related RFis. The consultant shall review and provide written comment on the contractor's irrigation as-built record drawings. No field verification of as-built drawing accuracy or any AutoCAD drafting of the contractor's field as-built drawings is included. The consultant shall provide field observation services during ATTACHMENT 1, Page 36 of 59 construction to observe and report on the installation of the irrigation system. The consultant shall provide no more than three (3) construction site observations to include a mainline pressure test, irrigation coverage test, and a final walkthrough. A written field report or punch list shall be provided with each field observation. B. Client agrees to compensate the consultant as follows: c. Conceptual Design Phase: Construction Document Phase: Bidding & Construction Support: $0.00 $11,800.00 $3,680.00 Zero dollars (No services provided) Four thousand eight hundred dollars Three thousand six hundred eighty dollars Reproduction, plotting, and delivery costs are to be billed to client. Payment terms: net 30 days. Hourly rates as follows: Principal-$1 'tO.OO per hour, Project Manager-$120.00 per hour Field Observations-$130.00 per hour Irrigation Designer-$90.00 per hour AutoCAD Draftsperson-$6.5.00 per hour D. Conceptual design plans; schematic design plans; design development, master meter plans; green roof designs; pump station designs; AB 1881 planting (hydrozone) design or certificate of completion; meetings with the client or city; water auditing services; and irrigation schedules are not included in this scope of work and fee proposal and will not be provided. If any of these services are requested by the client, the consultant shall prepare a fee proposal for said services and proceed with the work only after written acceptance of the fee proposal. This scope and fee proposal does not include the design of water storage tanks, rain harvesting systems or other alternative water systems, or pump stations. The irrigation system will be designed to use these systems if necessary, but the scope and fees specifically exclude the design of the infrastructure components. The consultant reserves the right to revise this proposal to accommodate the time and expense of the project design package being prepared on additional drawing sheets (not counting legends, details and calculation sheets) above what is described above in part A. It is the client's responsibility to provide all necessary digital base information files, as described above in Part A, prior to the submittal of the irrigation drawings. The client shall provide all required title block information required for the submittal prior to the submittal of the drawings. Any additional plotting of the drawings based on the client's failure to provide this information prior to the submittal, or simply due to changes in the required information, shall be billed as revision time against the revision allowance. E. Consultant shall maintain in force insurance in the following amounts: $2,000,000 -General Liability; $2,000,000-Professional Liability; $1,000,000 Commercial Automobile; and Worker's Compensation in the amounts required by state law. Each party agrees to indemnify, defend and hold the other free and harmless from and against any and all losses, claims, demands, damages or judgments of or in favor of any third party arising from any act by, or negligence of, the indemnitor or its officers, agents or employees while engaged in the performance of this contract or while in or about the premises for any reason connected in any way with the performance of this contract. In witness whereof, the parties hereto have accepted, made and executed this agreement upon the terms, conditions and provisions above stated. NUVIS Landscape Architecture and Planning Sweeney & Associates, Inc. By: ___________ _ By: ___________ _ Name: ____________ _ Name: Lance Sweeney. ASIC Title: ____________ _ Title: President Date: ____________ _ Date: ____________ _ ATTACHMENT 1, Page 37 of 59 Perry Cardoza NUVIS 3151 Airway Ave., Suite J3 Costa Mesa, CA 92626 July 7, 2016 (62423) SUBJECT: PROPOSAL FOR ENVIRONMENTAL STUDIES FOR THE REVISED NORTHWEST OPEN SPACE COMMUNITY PARK PROJECT LOCATED IN THE CITY OF SAN JUAN CAPISTRANO, ORANGE COUNTY Dear Mr. Cardoza, Chambers Group, Inc. (Chambers Group) submits this scope and cost proposal to provide environmental services for the Northwest Open Space Community Park Project (Project) located in the City of San Juan Capistrano in Orange County. This proposal assumes the alternative approved at the May 3, 2016, City Council Meeting will be the Project alternative moving forward. Based on this alternative, the project area has decreased in comparison to the original Project plan design. As such, portions of the administrative draft CEQA document previously prepared for this project in January 2015 will need to be modified to reflect the current project description. This proposal also assumes the 2004 Revision of the City of San Juan Capistrano Local Guidelines for Implementing the California Environmental Quality Act (CEQA) is the most current version of the guideline. It is understood that the existing Swanner House and orchards listed on the National Register of Historic Places and City's Inventory of Historic and Cultural Landmarks are not a part of this Project, but will continue to be taken into consideration during the planning process. Based on the RFP, this proposal assumes the CEQA document will be a Mitigated Negative Declaration (MND). Ms. Lisa Louie will be the Project Manager (PM) for Chambers Group. Mr. Charles Cisneros, a qualified cultural resources specialist and Registered Professional Archaeologist (RPA) will serve as cultural lead and will be supported by architectural historian Joel Levanetz. Mr. Levanetz is a registered member of the American Institute of Certified Planners (AICP) and has exemplary experience with projects involving properties listed on the National Register and the California Register of Historical Resources. Ms. Meghan Directo will serve as the lead environmental planner. Ms. Heather Clayton will serve as the lead biologist. Additional staff will provide support, as necessary. SCOPE OF WORK This Scope of Work includes the preparation of the CEQA environmental document along with the remaining technical studies (i.e., cultural) required for completion of the environmental process for this project based on the current project alternative approved at the May 3, 2016, City Council Meeting. The following paragraphs describe the various tasks included in the scope of work. SANTA ANA LOS ANGELES REDLANDS SAN DIEGO EL CENTRO CORPORATE OFFICE 5 Hutton Cj\ff .R~"Ar0ff¥NT'~ ,I p~~~ ~~· &f'g~rn l a 92707 t I 949.261.5414 f I 7 14.54 5.2255 w I ww w.c h am bersgro u pinc.com CONCEPTUAL DESIGN PHASE TASKS Task CD-1: Site Visit and Site Documentation with NUVIS and City of San Juan Capistrano Chambers Group will be available to attend one meeting with the City of San Juan Capistrano {City) and NUVIS to identify the project area and to efficiently move forward and discuss plans to begin the scope of work outlined below. This meeting will provide for confirmation of the City's program changes, goals, objectives, and Project requirements. The Chambers Group PM, Lead Archaeologist, and Lead Planner will visually survey the Project site to document existing conditions pertinent to the environmental document and to understand the change in magnitude of the Project. The site visit will focus on environmental resources and constraints to support a complete project description and determination of existing conditions for the CEQA document. Information will be recorded with notes and photographs of the Project site. This task assumes the site visit will be accomplished in approximately one-half day. Deliverables: Meeting summary notes of the Scoping Meeting and list of desired documents and information needed from the City. Task CD-2: Phase I Cultural Resources Inventory Report Preparation The draft Phase I Cultural Resources Inventory Report was prepared according to CEQA and California State Historic Preservation Officer {SHPO) guidelines for the original Project design. The draft report describes the results of the records search and literature review, the prehistoric and historic-period context of the Project area, methods used, results of the field survey, and, if applicable, California Register of Historical Resources (CRHR) eligibility recommendations for any resources identified. The records for cultural resources are provided as a confidential appendix. The project description will be updated in the report; however, the findings of the report are not expected to change based on the current project alternative and is assumed to only require minimal changes in text related to the project description only. The City will be provided an electronic Draft Report in PDF format with the current project alternative for review. It is assumed one complete set of comments will be received from the City that will then be incorporated into the Final Report to be provided to NUVIS and the City in an electronic format. This task includes the time to properly complete all site records and forms. Deliverables: Electronic Draft and Final Phase I Cultural Resources Inventory Report. Task CD-3: Draft Initial Study/Mitigated Negative Declaration Based on the information in the RFP, it is assumed that the proposed project would be a MND. A detailed narrative project description will be prepared for the current proposed Project design with new project maps showing the vicinity and location of the project sites and the specific project characteristics. The project description will include a statement of goals and objectives. The preparation of a detailed, technically accurate project description is one of the keys to efficiently preparing an environmental document. The preparation of the project description is critical, as it provides the framework for the environmental analysis. Chambers Group will submit the draft project description for review by NUVIS and the City. A final project description will be completed in coordination with NUVIS and the City. This task ATTACHMENT 1, Page 39 of 59 assumes that NUVIS and/or the City will provide project details necessary to develop a detailed project description, including construction equipment, equipment usage details, and methods, to conduct proper analysis. For the purposes of this proposal, the lead agency responsible for compliance with CEQA is understood to be the City. Chambers Group will prepare a Draft Initial Study/Mitigated Negative Declaration (IS/MND) for the Project in compliance with CEQA . The IS/MND will be prepared using the most recent version of the IS Environmental Checklist Form suggested in the CEQA Guidelines Appendix G or City preferred format, which would be provided to Chambers Group. The IS/MND will contain a description of the proposed Project, which will include the location of the Project and a discussion of the environmental setting. The IS/MND will analyze the potential for environmental impacts and provide an explanation for all checklist answers, detailing how the IS/MND conclusions were reached. For environmental impacts that exceed the significance thresholds established in the CEQA IS Environmental Checklist Form, Chambers Group will identify mitigation measures designed to reduce significant impacts. A determination will be presented as to whether the mitigation measures will reduce the impacts to a level of insignificance. The environmental evaluation section will provide detailed analysis and discussion of those environmental topics deemed "Potentially Significant Impact'' and "Potentially Significant Impact Unless Mitigated." Based on current preliminary project information, this proposal assumes that all potentially significant impacts ident ified will be mitigable. The environmental factors outlined in the CEQA IS Checklist include: • Aesthetics • Agricultural Resources • Air Quality • Biological Resources • Cultural Resources • Geology and Soils • Greenhouse Gas Emissions • Hazards and Hazardous Materials • Hydrology and Water Quality • Land Use and Planning • Mineral Resources • Noise • Population and Housing • Public Services • Recreation • Transportation and Traffic • Utilities and Service Systems • Mandatory Findings of Significance including Cumulative Impacts The previously prepared IS/MND includes the existing setting in the Project area and identify applicable federal, state, and local rules, regulations, and standards; the existing setting section will not change except for text specifically related to the project description . ATTACHMENT 1, Page 40 of 59 Where possible, impacts will be evaluated and quantified in relation to construction activities and construction equipment assumptions provided by the applicant. When appropriate, a qualitative analysis will be conducted for the post-construction operations of the project. This task assumes up to one issue area may be identified with project impacts that are potentially significant, but will be mitigable to less than significant with mitigation incorporation; reasonable and implementable mitigation is assumed to be available. This task assumes the impacts analysis in all other issue areas would be less than significant or not significant. An associated appendix will be included that contains the CaiEEMod printouts and any other calculations printouts used in preparation of the Air Quality section. It is assumed that a traffic study would not be required. All of the issue areas in the CEQA checklist, including the newly added Tribal Cultural Resources (TCR), must be addressed in any CEQA document at a level to identify significance thresholds. For each CEQA environmental checklist discipline item, the existing environmental setting of the Project site and surroundings will be characterized. Each section will be prepared and focused to serve as the basis for analysis of impacts of the proposed Project. Based on the assumed CEQA document level, no in-depth technical study for hazards, hazardous materials, geology, and water resources would be required of Chambers Group. Chambers Group will keep the City/NUVIS informed of any updates to the Project schedule related to the CEQA document and as it relates to project schedules for studies conducted by other consultants. Although AB 52 is effective as of July 1, 2015, Appendix G of the CEQA Guidelines has not yet been updated with the new AB 52 analysis to-date. AB 52 requires that the lead agency coordinate and consult, if appropriate, with interested tribal groups. This proposal assumes the City will conduct the notification, consultation and obtain the results of TCR identification with the tribes. Chambers Group will integrate these AB 52 results into the impacts analysis in the appropriate sections. Like with any other environmental issue area, if a significant impact (i.e., substantial, adverse change in the significance of a TCR) is identified, a determination must be made whether feasible alternatives or mitigation measures would avoid or minimize the impact. This proposal assumes that an Environmental Impact Report (EIR) level document would not be required. Chambers Group assumes two rounds of review by the City during preparation of the Draft IS/MND. It is assumed that the environmental analysis may be conducted as soon as a complete project description is finalized, but the analysis will not be complete until the results of the individual technical studies have been completed. No public hearings are expected to be required for consultant participation; however, Chambers Group is available to attend and assist for one day with preparing materials for a public meeting, if requested. Chambers Group will prepare and submit an Administrative Draft IS/MND to the City for review within four weeks of a complete project description that will not change. The City will be provided two weeks for review. Following receipt of City comments on the Administrative Draft IS/MND, Chambers Group will prepare and submit a Screencheck Draft IS/MND within two weeks of receipt of City comments. The City will be provided one week for review prior to preparing the Public Review Draft IS/MND. Within one week of receipt of City comments on the Screencheck Draft IS/MND, Chambers Group will prepare and submit the Public Review Draft IS/MND for a 30-day period of public circulation. ATTACHMENT 1, Page 41 of 59 Chambers Group will provide electronic master copies and one reproducible hard copy of the document to NUVIS/the City. Chambers Group will provide copies of the document as required for submittal to the Office of Planning and Research State Clearinghouse for the distribution of the public review document to the appropriate agencies, up to 15 hard copies in one mailed package, as well as copies of the document on compact disc (CD) to other document recipients identified by the City, up to 25 recipients. All other mailing list recipients will receive a copy of the notice of intent only (Task CD-4 of this proposal). The City will be responsible for newspaper notices and online/website posting. Chambers Group assumes the City will prepare and provide the mailing list of all owners and occupants of adjacent properties to the Project and any additional interested parties to distribute the Draft IS/MND for Public Review. Deliverables: One electronic copy of the Draft IS/MND in Microsoft Word and PDF format. One unbound, single-sided, hard copy of the Draft IS/MND for Public Review and one electronic master copy of the document in both Microsoft Word and PDF format for reproduction. Task CD-4: Notice of Intent to Adopt a MND Chambers Group will prepare a Notice of Intent (NOI) in order to give sufficient notice to the public, responsible agencies, trustee agencies, and the County Clerk. Per State CEQA Guidelines, the notice will contain a brief project description and its location; the starting and ending dates for the review period during which the City will accept comments; the date, time, and place of any scheduled public meetings and/or hearings; and the address where the copies of the MND are available for public review. The notice will be prepared once Draft IS/MND revisions have been completed and the Public Review Draft IS/MND is ready for distribution. Deliverables: One electronic copy ofthe Notice of Intent. Task CD-5: Final Initial Study/Mitigated Negative Declaration After the 30-day public circulation of the Draft IS/MND, Chambers Group will prepare the FinaiiS/MND for review by City staff. Responses will be prepared for all comments received during the public review period. Chambers Group will respond to a maximum of 30 substantive comments regarding the adequacy of the document, but does not include providing any additional studies as a response that are not already identified in this proposal. The Final IS/MND will be revised as necessary to reflect any comments received during the public review period, including comments by City staff. Chambers Group will coordinate with the City prior to responding to any comments in order to prioritize and organize the response to comments. The Final IS/MND will include an Appendix section that contains all official documents related to its processing including the "Initial Study," "Notice of Intent to Adopt a Negative Declaration," and "Notice of Determination." This proposal assumes that an EIR level document would not be required following the Public Review Period. Chambers Group will prepare and submit an electronic copy ofthe Screencheck FinaiiS/MND to the City for their review. Chambers Group assumes one review by the City during preparation of the Final IS/MND. Following receipt of City comments on the Screencheck Final IS/MND, Chambers Group will prepare and submit the Final IS/MND in one reproducible hard copy and one electronic master copy. This proposal ATTACHMENT 1, Page 42 of 59 assumes no public hearings are required for consultant participation; however, Chambers Group team members are available to assist for one day in preparation for a public or Board meeting. Deliverables: One electronic copy of the Screencheck FinaiiS/MND in both Microsoft Word and PDF format. One unbound, single-sided copy of the Final IS/MND and one electronic master copy of the document in both Microsoft Word and PDF format. Task CD-6: Notice of Determination Chambers Group will prepare a Notice of Determination (NOD), in accordance with CEQA, that contains the project name, a brief project description, project location, date of project approval, determination that the project will not have any significant effects on the environment, statement that a Negative Declaration (ND) or MND has been prepared, and address where the document may be reviewed. Chambers Group assumes the City will file the NOD with the County Clerk within five working days after approval of the project. Payment of CDFW fees is required when the NOD is filed with the County Clerk and it is assumed the City will provide the appropriate CDFW fee for filing a CEQA document; this assumes the separate County Clerk fee will be waived. Deliverables: One electronic and one hard copy ofthe NOD . Task CD-7: Project Meetings with City of San Juan Capistrano and NUVIS Chambers Group will attend up to three coordination/progress meetings of up to two hour's duration each with the City, San Juan Capistrano Putuidem Village Committee and/or NUVIS. Meetings with the City and NUVIS will include status and preparation of the current project description for the environmental document and are anticipated to be in-person. This task also includes one hour of preparation for the Chambers Group Project Manager for each meeting. This task will be scheduled as meetings are requested. Additional meetings or participation by additional staff would be provided separately from this scope on a time-and-materials basis with hourly rates from the original contract. Deliverables: Summary notes of each meeting attended. CONSTRUCTION DOCUMENT PHASE TASKS No tasks are proposed at this time. BIDDING & CONSTRUCTION SUPPORT TASKS Task BCS-1: Pre-Bid Conference and Construction Meetings Chambers Group will be available to attend one onsite Pre-Bid conference and one onsite Pre-Construction Meeting with the City, the City's Project/Construction Manager, and contractors. Each meeting is assumed to take up to 2 hours and only the Chambers Group Lead Biologist and Lead Archaeologist would be present at each to provide input on the environmental resources and/or avoidance, minimization, or mitigation measures to be included in the construction bid. Additional meetings or participation by additional staff ATTACHMENT 1, Page 43 of 59 would be provided separately from this scope on a time-and-materials basis with hourly rates from the Fee Schedule in Attachment 2. Chambers Group also assumes attendance to up to 4 of the 12 biweekly construction meetings on site to review construction progress from an environmental perspective. The biweekly meetings are assumed to be with the City, the City's Project Construction Manager and contractors, and NUVIS. This task assumes each biweekly meeting attended would be up to 2 hours in duration and only the Lead Archaeologist would participate. This task will be scheduled as meetings are requested. Additional meetings or participation by additional staff would be provided separately from this scope on a time-and-materials basis with hourly rates from the Fee Schedule in Attachment 2. Deliverables: Summary notes of each meeting attended. Task BCS-2: Bidding Process Consultation Chambers Group will be available to provide any clarifications, details, consultation, addendums, and advice to the City regarding environmental issues or concerns. This task assumes up to 6 hours each for the Chambers Group Project Manager and Lead Archaeologist, and 2 hours each for the Lead Biologist and Lead Architectural Historian to provide consultation during the bidding process, as needed. Deliverables: Summary notes of each meeting attended. Task BCS-3: Cultural Resources Management Plan Preparation Due to the cultural sensitivity of the project area, a Cultural Resources Monitoring Plan (CRMP) will be prepared. The plan will be drafted by Chambers Group and will incorporate a review of relevant documents and compliance monitoring. This document is to be drafted prior to monitoring efforts and adhere to any final mitigation measures developed for the project. This CRMP will specify the process to be followed to ensure that any resources and significant cultural materials encountered are properly identified and treated during ground disturbance activities at the Project site. The CRMP would include specific provisions for monitoring and data recovery, as well as delineate the procedures to be followed in the event that intact resources are identified, including any unexpected discovery of human remains. The plan also provides for resource discovery by stipulating field procedures, methods and rationale for assessing resource significance, and curation procedures if artifacts or other resources materials are collected. The preparation and implementation of a CRMP will help to minimize construction delays due to the possible discovery of significant resources. The draft CRMP will be provided in electronic format for review by NUVIS and/or City personnel. It is assumed that one round of comments from NUVIS and/or the City will be incorporated into the final CRMP. One electronic copy ofthe final CRMP will be provided. Deliverables: One electronic copy each of the draft and final Cultural Resources Management Plan (CRMP). Task BCS-4: Preconstruction Resources Sensitivity Training Chambers Group will provide a qualified archaeologist to prepare a project-specific training program and affiliated materials/handouts. The qualified archaeologist will meet with the contractor and the Project Lead during the contract orientation to formally notify the contractor of the archaeological issues present and the ATTACHMENT 1, Page 44 of 59 Proposed Project. During the onsite meeting, the Chambers Group staff member will provide training to construction personnel regarding proper procedures and conduct in the event that archaeological materials are encountered during construction. Prior to the beginning of construction, a training session will be held to provide adequate information and ensure adherence to the procedures prescribed by Chambers Group in the CRMP. All training sessions will be conducted in person and in English. Construction personnel will be notified of the purpose for archaeological monitoring, cultural resources regulations, basic identification of archaeological resources, and proper discovery protocols to be followed during all construction activities. If needed, additional training will be conducted by the onsite archaeological monitor. Deliverables: One electronic copy and one hard copy of the training program and materials/handouts. Task BCS-5: Archaeological and Native American Daily Monitoring As needed, Chambers Group will provide a qualified archaeologist to monitor construction activities for archaeological resources as well as a qualified Native American monitor in accordance with the final mitigation measures for this project. Monitoring will occur on a daily basis assuming up to 36 8-hour work days for an archaeological monitor and 36 8-hour work days for a Native American monitor. Archaeological and Native American monitors will be present during subsurface construction activities. The monitor will maintain notes in the form of an Archaeological Monitoring Log that will be available to the City and/or NUVIS upon request at any time during the Project. The monitor will be responsible for ensuring that any intact cultural deposits or features are properly identified and recorded and will stop work in the area of a resource if one is identified and if continued construction would likely cause additional damage to intact materials. In the case of discovery of positive findings, notification procedures would follow the steps to be identified in the CRMP. During the Project, if encountered, any identified human remains will be treated with respect and in accordance with the procedure defined by the Native American Graves Protection and Repatriation Act of 1990 (43 CFR 10) (NAGPRA). Chambers Group's staff has experience in consulting with Native American Groups and representatives and will work alongside any Native American monitors that may be present at the site. Additionally, Chambers Group's staff has experience in working with the City to identify the preferred method to address public concerns and questions while monitoring during construction. Deliverables: Daily Monitoring Logs upon request. Task BCS-6: Cultural Resources Monitoring (Percolation Test) As needed, Chambers Group will provide a qualified archaeologist to monitor construction activities for archaeological resources as well as a qualified Native American monitor, on a daily basis for up to two (2) days, assuming 8-hour work days. The monitors will be present during the percolation test. The monitor will maintain notes in the form of an Archaeological Monitoring Log that will be available to the City and/or NUVIS upon request at any time during the Project. Deliverables: Daily Monitoring Logs upon request . ATTACHMENT 1, Page 45 of 59 Task BCS-7: Cultural Resources Monitoring Compliance Report Following completion of monitoring of the Project's subsurface construction activities, Chambers Group will provide a comprehensive monitoring report addressing the results of the monitoring efforts for archaeological resources. The monitoring report will include: (1) discussion of the monitoring activities; (2) discussion of positive findings (if applicable); (3) a discussion of the significance of any resources and/or artifacts identified during monitoring, if applicable; and (4) an inclusion of an appended, itemized inventory of the specimens collected for preparation for curation (if applicable). The draft report will be provided in electronic format for review by NUVIS and/or City personnel. It is assumed that one round of comments from the City will be incorporated into the final report. One electronic and one hard copy of the final report, including appendices, will be provided. Deliverables: Draft and Final Cultural Resources Monitoring Compliance Report . ESTIMATED COSTS The services described in each task will be performed on a Time and Materials, Not-to-Exceed basis. The total estimated cost and breakdown of cost by task are provided in Attachment 1. The Schedule of Hourly Rates/Fee Schedule also is included in Attachment 1. The estimated costs provided in Attachment 1 do not include the costs of the Optional Tasks identified below. These Optional Tasks below are not a part of the current proposal scope and individual task needs will be dependent upon the progress of the project. A separate scope and estimated cost for each Optional Task will be provided upon request. ASSUMPTIONS • Chambers Group assumes the conceptual project alternative approved at the May 3, 2016, City Council Meeting will be the Project that moves forward. • Chambers Group assumes that we will be notified within one week prior to the anticipated preconstruction training/meeting in order to mobilize the appropriate staff and gather preliminary field data. • This scope of work does not include updates to the technical content of the cultural resources technical reports (i.e., survey report) or any additional literature review. • Does not include a pedestrian survey of cultural resources based on any changes to the project boundary since the initial cultural resources report was prepared. • This SOW does not include archaeological data recovery, laboratory and/or analysis, curation, and/or repository of artifacts. Should these services be determined necessary, Chamber Group will provide a separate scope and cost for these services. • Monitoring will occur on a daily basis assuming up to thirty (30) 8-hour work days for an archaeological monitor and thirty (30) 8-hour work days for a Native American monitor. Should additional days be determined necessary, Chambers Group will provide a separate scope and cost for these services. ATTACHMENT 1, Page 46 of 59 • • • • • • • Cost and schedule are based on our best judgment of the requirements known at the time of the proposal and can be influenced favorably or adversely by the City's needs and other circumstances. The estimated cost and schedule in this proposal are provided based on the assumptions and caveats identified in the individual task scopes; the estimated cost and schedule may be subject to change if these assumptions are not met. Chambers Group will endeavor to perform the services and accomplish the objectives within the costs and schedule; however, if the scope of work or schedule changes, Chambers Group reserves the right to revise our costs accordingly. This scope of work does not include the preparation of any encroachment permit applications for project construction. This also proposal does not include any other surveys, formal jurisdictional delineations, reports, permitting, relocation plans, trapping efforts, or agency coordination that are not identified specifically in the tasks above. If additional tasks are requested by NUVIS, a separate scope of work and cost estimate will be provided. The following Caltrans-specific technical studies or analyses may be required by Caltrans for this project, but are not available through Chambers Group in-house capabilities, and are not included in this proposal or as optional tasks: Noise Study Report, Noise Abatement Decision Report, Noise Technical Memorandum, Air Quality Report, Air Quality Technical Memorandum, Traffic Study, Traffic Technical Memorandum, Phase I Initial Site Assessment, Phase 2 Preliminary Site Assessment for Hazardous Materials/Hazardous Waste, Water Quality Assessment Report, Water Quality Technical Memorandum, Location Hydraulic Study, Floodplain Evaluation Report, Summary Floodplain Encroachment Report, Visual Resource Technical Memorandum, Minor Visual Impact Assessment, Moderate Visual Impact Assessment, and Advance/Complex Visual Impact Assessment. Chambers Group assumes that, by receipt of notice to proceed, full access to the property will be provided by NUVIS or the City, including keys to locked gates and advance notice to existing property tenants of our right of entry. Should Chambers Group staff be denied access to the property at the time prearranged for the field surveys, the additional costs incurred by Chambers Group will be billed separately to NUVIS on a time-and-materials basis. NUVIS or the City will provide Chambers Group with copies of all available known documentation relating to the physical or other conditions concerning the Project site within five working days after authorization to proceed. It is assumed that Chambers Group can use and rely on the data and information contained in those documents. Chambers Group will not perform a technical review of these documents and will not be responsible for the content or accuracy of these studies. GIS data will be submitted in one of the following formats: All ESRI, AutoCAD compatible; AutoCAD (.dwg or .dxf); or Microstation (.dgn). Acceptable image formats include: TIF, JPG (J-Peg), SID (Mr. Sid), and ECW. If NUVIS cannot export data to one of these formats when providing background materials and it is necessary for Chambers Group to translate the file into a different format, the additional time will be billed on a time-and-materials basis. Chambers Group cannot be responsible for project commitments not included in this scope of work that are made without Chambers Group's concurrence. ATTACHMENT 1, Page 47 of 59 • Except as expressly provided to the contrary in the City's contract and/or in the contract with NUVIS, Chambers Group's Terms and Conditions shall apply and are available upon request. AUTHORIZATION This letter was prepared by Chambers Group solely for your internal use in evaluating Chambers Group's business proposal and deciding whether or not to contract with Chambers Group to perform the services described above. Chambers Group considers the pricing and other business information the property of Chambers Group. This proposal and the information contained herein shall not be used for any purpose other than as specifically stated and shall not be disclosed to any other party without Chambers Group's written consent. If this scope of work and cost meet your satisfaction, please execute one copy of this letter and return it to Chambers Group as our authorization to begin work. This scope of work will be performed under the terms and conditions specified in the Chambers Group Commercial Terms and General Conditions, or as specifically identified in the project contract with the City. Please call me at (949) 261-5414 ext. 7289 if you have any questions or comments regarding this proposal. Sincerely, CHAMBERS GROUP, INC. t!i:tP~ Senior Project Manager Attachments Attachment 1-Estimated Costs and Fee Schedule Attachment 2 -Estimated Project Schedule Authorized by: NUVIS Perry Cardoza Executive Vice President ATTACHMENT 1, Page 48 of 59 Estimated Costs by Task I • • • • Tasks Estimated Cost Task CD-1: Site Visit and Site Documentation with NUVIS and City of San Juan Capistrano $2 ,850 Task CD-2: Phase I Cultural Resources Inventory Report Preparation $4,200 Task CD-3: Draft Initial Study/Mitigated Negative Declaration $20,800 Task CD-4: Notice of Intent to Adopt a MND $1,050 Task CD-S: Final Initial Study/Mitigated Negative Declaration $6,400 Task CD-6: Notice of Determination $1 ,050 Task CD-7: Project Meetings with City of San Juan Capistrano and NUVIS $3 ,000 Subtotal CD $39,350 I I I I • • I • ' • .. : : .. I I •••• Tasks Estimated Cost Task BCS-1: Pre-Bid Conference and Construction Meetings $3,900 Task BCS-2: Bidding Process Consultation $2,100 Task BCS-3: Cultural Resources Management Plan Preparation $2 ,900 Task BCS-4: Preconstruction Resources Sensitivity Training $1,000 Task BCS-5: Archaeological and Native American Daily Monitoring (36 days) $62,100 Task BCS-6: Cultural Resources Monitoring (Geotechnical Studies) (2 days) $3 ,400 Task BCS-7: Cultural Resources Monitoring Compliance Report $4,650 Subtotal BCS $80,050 PROJECT GRAND TOTAL $119,400 ATTACHMENT 1, Page 49 of 59 • • • • • Tasks Estimated Duration Task CD-1: Site Visit and Site Documentation with NUVIS and City of San Juan Capistrano 1 Day Task CD-2: Phase I Cultural Resources Inventory Report Preparation 1.5 Weeks Task CD-3: Draft Initial Study/Mitigated Negative Declaration 4 Weeks Task CD-4: Notice of Intent to Adopt a MND 1 Week PUBLIC COMMENT PERIOD 30 Day s Task CD-S: Final Initial Study/Mitigated Negative Declaration 3 Weeks Task CD-6: Notice of Determination Within 5 Days after City approval of FinaiiS/MND (assumes about 3 weeks for approva l ) Task CD-7: Project Meetings with City of San Juan Capistrano Includes up to three and NUVIS coordination/progress meetings for a duration of up to two hours each • • • • • • BIDDING & CONSTRUCTION SUPPORT TASKS Tasks Estimated Duration Task BCS-1: Pre-Bid Conference and Meetings Includes onsite Pre-Bid Meeting, onsite Pre-Construction Meeting, and 4 of the 12 biweekly onsite construction meetings for four hours in duration each Task BCS-2: Bidding Process Consultation TBD Task BCS-3: Discovery and Treatment Plan Preparation for Construction Monitoring 5 Days Task BCS-4: Cultural Resources Management Plan Preparation 1.5 Week Task BCS-5: Preconstruction Resources Sensitivity Training 2 Days (includes up to a task total of 8 hours onsite traini ng) Task BCS-6: Archaeological and Native American Daily Monitoring (30 days) As Needed Task BCS-7: Cultural Resources Monitoring (Geotechnical Studies) (2 days) As Needed Task BCS-8: Cultural Resources Monitoring Compliance Report 1.5 Weeks *This schedule is dependent upon the assumptions in the scope of work and does not account for schedule differences based on finding sensitive resources onsite ATTACHMENT 1, Page 50 of 59 I Englekirk August 9, 2016 (fee correction) August 4, 2016 (revised) July 12, 2016 (revised) June 28, 2016 Via e-mai/:pcardoza@nuvis.net Mr. Perry Cardoza Nuvis 3151 Airway Ave., #J3 Costa Mesa, CA 92626 CONFIRMATION OF REQUEST FOR ENGINEERING SERVICES At your request, we have prepared the following estimate for engineering services: PROJECT NAME: PROJECT LOCATION: PROJECT NUMBER: Northwest Open Space Community Park San Juan Capistrano, California Proposal The project consists of providing structural engineering services for the San Juan Capistrano Park for the following items: 1. The steel dome structure and foundation. Design drawings and details to be provided by architecUartist. Lump sum fee $15,000. 2. The pre-fabricated Ramada Shade structure footing and vertical "y" shaped steel tubes only. Wood members and connections to steel member are by others. Design drawings and detail to be provided by ArchitecUArtists. Lump sum fee $6,000. 3. The pre-fabricated large group wood shade structure footing only. Lump sum fee $2,000. 4. The pre-fabricated restroom footing only. Lump sum fee $2,000. 5. RFI and Bid phase review. Lump sum fee of $1,000. Deliverables 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 AlA 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. STIUUUIAL EM&IJEEIS 3621 Harbor Boulevard Suite 125 Santo Ann, CA 92704 714.557 .8551 T 714.557 .5530 F www.englekirk.com Los Angelo; Orange Cnunly Son Diego Honolulu Guarn Chinn Tony Ghodsi, Sf lawrence Y. Ho, Sf Michael K. Kawaharada, Sf Christopher Rosien Thomas A. Sabol, PhD, Sf Russell Tanouye, Sf, LEED AP Diana Erickson Nishi, Sf Vladimir A. Volnyy, Sf Allkemura Thomas Y. Nishi, Sf Mahmoud Faghihi, Sf fly Benichou, Sf Mohamed Hassan, PhD, Sf len Hoda, Sf Gabriel !ugo, Sf Kalherlin lee·Choi Milton S. Shiosaki Daniel W. Shubin Kimberly F. Tanouye 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 ATTACHMENT 1, Page 51 of 59 Mr. Perry Cardoza Nuvis Re: Proposal for Northwest Open Space Community Park August 9, 2016 Page 2 of 2 I Englekirk 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: Title Your Job or Charge No. STIU(JUUL EI&IIEEIS ATTACHMENT 1, Page 52 of 59 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 indemnifies 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. ATTACHMENT 1, Page 53 of 59 The Acorn Group, Inc. 180 South Prospect, Suite 230 Tustin, CA 92780 (714) 838-4888 jrigby@acorngroup.com/www.acorngroup.com Project: Client: Interpretive panel development for Northwest Community Park 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 ATTACHMENT 1, Page 54 of 59 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, $l800.00 (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. Ill. 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. ATTACHMENT 1, Page 55 of 59 Marsh Scott 33942 Malaga Dr. apt A, Dana Point, CA 92629 949.494.8672 www.MarshScott.com marshscott@me.com ADDITIONAL NOTES ON PROJECT Perry Cardoza, RLA, ASLA Executive Vice President NUVIS LANDSCAPE ARCHITECTURE & PLANNING p: 714.754-7311 ex 230 I c: 714.747-1190 e: pcardoza@nuvis.net w: www.nuvis .net San Juan Project-Scope of Design Work Three meeting with City@ 3 hours each $1350. Three meetings with NUVIS @ 2 hours each $900. 8/11/16 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 Designs will be with and without wire wrapping. 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. This sample will be one crossed piece of full sized aluminum tubing with bolt and four typical welded wire wrapped details. Wire/wire tubing will be tested to determine the best diameter for the desired wrapping result. One end will be capped, typical. Simulated finish in two or more colors. Total Design Work $13,550 Structural Engineering by others. The structures, markers and signs are designed to go 6" below grade with a bolt or welded scrap to grab the concrete. Additionally, if required by the structural engineer, selected structural ribs can have a 1" structural tube attached to go into the ground up to 12" additional. 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. ATIACHMENT 1, Page 56 of 59 All tubing, except below grade, will be schedule 40 aluminum tubing which has a OD of 1.9" and wall thickness of .145". Below grade will be 1" I D schedule 40 tubing. Fabrication to include: 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. (This is all labor and where most of the costs are) 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. During fabrication I will take scrap pieces to be powder coated to determine which on-site paint will be the most adhesive and durable. 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. I anticipate needing two weeks for this (without rain) since there will be drying and set-up times I need to allow for. Total On Site Finishing $7800 . Scope does not include: Structural engineering Permits Delivery and storage after powder coating (the powder coating company will deliver finished parts to site for under $100. but will not store finished parts) Site work Footings (This is planned for footings in two parts -below 6" under grade prior to installation and the remainder filled in after installation but before I do the decorative painting) Electrical Installation (I have an excellent art installer that can be scheduled, if needed, and is experienced with working on construction sites) Interpretative signs Storage if delay between fabrication and finishes I did not put anything in for prevailing wage, ADA, using only American materials. I plan on hiring companies not employees. Total Design, Fabrication and Finishing $ 156,250. I wasn't quite sure if I should put in a contingency fee somewhere . ATTACHMENT 1, Page 57 of 59 None of these shops or companies give credit so the payment schedule needs to take that into account along with the lead time to receive it from the city. Possible fee schedule: Design Fee immediately $13,550. 1st Payment when ready to begin construction for fabrication and materials $95,000. (ongoing progress photos will be provided) 2nd payment when fabrication complete and parts are ready for finishes $32,1 00. (ongoing progress photos will be provided) Final payment after completion $15,600. I have not allowed for sales tax. I don't think that should apply since these are permanent structures and it is a city project. Marsh Scott date Perry Cardoza date ATTACHMENT 1, Page 58 of 59 01/06/2006 12:}9 1149631852 HANSEN PAGE 01 DON HANSEN ENTERPRISES 3619 W. Pendleton Avenue SANTA ANA, CAUFORNIA 92704 Sbte uc. -.aoae11 (714) 231·3214 www.dh c:oncrtttlhniPin .. aom Subrnl~~ .JVV.\1.!.5.~·-__ .. ·--.................... ---····-··-· ........... . 31$ 1.._. F./, Y .W~-y---d.JJ_-t,, ...... ~:~----.. . C..os.b;; ___ M.t.~~ ~--~ Cf~b~~-··-· p .... ..,...,. c~"' Jo-a a... HI;IMi 1Mf'AOV'€f.4ENT !iAllt~PERSCIN We her$b)' Submit opecHicafloM and estimates lor: Page No. _ ___. __ of _---L..) __ Pages PROPOSAL PROPERTY UNES; OWner shall locatB and point our property Unes to conrractor. Contractor may, Ql hi& option, require owner to prav1de a license(! lan(l surveyor's. map of property. IJOOYII<ltlf '111 IS'Y 731 I &TAATl.~ OAII:: &AL E81 1EI\SOH 5 P.CG l$1nATIO N NUMD Cn f')ATr Qf PflOP06AI '8-51-lb ····m (p{(_.,J" ... ··········· . ~ .. ~p ... poL~.s. ~-~v~\,~t ~y ..... cTh~.~.s .......... . &..p~-sc..Y.~:tc~ .. <:...-o.J~*'-~.p.~J.y .. ~~ .. '?C::t'v.:W:::' .. _~.P~-1: fc.~. -~~_.Hw.-, ~-\. ±v~t.. ~ ....... ~.l~t. \)~1' .. ~.::-. 1-~.~~--~-~ J,;~J .... k .. ru.W .. t'\ .• __ ~Q~P. .. ~~ .:T~.~ L5.. r~.~--.c:>..~.~--­ ____ :f.::r..~~ ... ~-\o!.~'t .. ~~)-.9..'-'~-\Q .y~c;,.b._ •. _d.JQ\.~:,.Y\-i'.L ... Q. 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Box 26000, Sacramento, CA 95828. !'oT.\'1'10: IX\\ lllo:\}t :IHt•~'i ,\l'i\'O:o.ll •: WllO ('ONTilA('TS 'll) llO (~11\~'IJ(II("I'JO~ WOilK T CI Ill•: 1.1( 'IO:~SI •:UU\ l'llt: I 'ONitUI ''f'OIIS' STI\TI•: 1.1('1<;!\SJ•: 1~11.\IU) 1:0. Till·: U('t·:Mi J·;Il ( 'A'J'J\(i OKY 1:'-1 WIIU'II TilE t 'OI'i'l'll.\I 'TOI! IS WU~t; 'I'll Ill·: Wl)lll'IM: .. IF Till•; 'WT.\J. I'M WE O V '1'111-: .IIIII IS $5011 Oil MOl{~; IIM'Llllllilll: I,AIIOil A~IJ M,\TEJU,\LSI. 1,1('1\'iSI-:tJ ('01\o'I'K ,\("''IlllS ,\In: 111<:1 :t .L.\ l'lm II\' 1.,\WS ~~~~~'\IC:NI-:11 1'0 I'KO'I El'f 'I m : 1'1 :111 .1('. II nn : l ·o~'lll ,\l 'I' WI T II SO\U:OI'il·: WIIO llOfo ~~ ~CIT 11 .-\\11•; .. \ l .II.'I ·:Ns•:. Tilt: ('ON'I'K:\1 '1'011 . ..;' S'l'An: J.ll'Jo:~SJo: llll.\KII nw Ill·: lil'\,\111 ,1·: TO ;\.~SIST \'01! Wl'l'll .\ l 'o.\II'LMNT. \'111 :11 OM .\' l(l·:~ll·:llY ,\(iAJNSI' ,IN l ll'il ,l('ENSI.:U I'ON l 'ltAI"IUII .\1.-\ \' liE I"' I 'lVII . 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We Propo•• to perform tha above work In accordallCe with lhto drawings and specincalions submitted, and to compl9l9 It In a workmanlike manner according to standard pract!CM tor tno aum of: Down Payment of~ s;oqs ~-ac.b. PAYMENT SCHEDULE. The Contract Price shall be paid In progress paymentt, which do not Include finance charges of any kind, according to tne following schedule: _So "/o ($ ___ • _ ) upon 1ligning contract; Upon $Btl&faetory payrnenl being made for any portion of the work performed, 111a Contractor shall, prior to any further payment __ % ($ ___ . _) upon completlon of ________ _ __ "/o ($ ___ , _) upon completion of ________ _ ~ % shall be made forthwith upon ($ ---· -) completion of won< under this contract. being made, furnish to thl!l Owner or Tenant contracting for the home lmprovemenl or swimming pool, a lull and unoondilional rall!asl! from any claim or mechan ca ' lien for that portion of lho work for wh ich payment haa Dilen mado. You the Owner or Tenant have the right to require the Contractor to have a performance and payment bond. Acceptance Of Proposal • Th9 above prlces, specifications and condiHons are satlstactory and are h"reby accepted. You are Cluthorlz"d to do the wool\ as spedlion/, P;;tym~nl will be made as ouHJned above. It Is und9rstood and agreed lhal this worll Is not provided tor In any other agreemanl and no oontraotuat rights arise unlillhis proposal Is accepted ,., wtiling. F•llura by tho Oontroc·tor, wllhout l•wrut e_xc. use, to IUbltantlally commence work w11n1n twenty (20) da.ya from the approximate date epecllled In thla contract when tne work will begin, Is a violation of the Contractor• License Law. ·~ ... ';.! Q~ \~ Colt ~-JI•/b ~poano;. Data Y th a IOWNEMSIGNAfUI<•J --- OU, • uyer, may cancel thl• transaction at any time 1 t 1 date or thle transaction. s .. the Notice of cancellation to pr(or o m dnlght or the third buslnes• day after the rrn reveree •Ide) f t 0 't ~otl~t. IMPORTANT INprORMATION ON BACK .....