17-0321_NUVIS LANDSCAPE ARCHITECTURE AND PLANNING_F3b_Agenda Report3t21t2017
F3b
City of San Juan Capistrano
Agenda Report
TO: Honorable Mayor and Members of the City Council
FRoM: ffiSieget, City Manager
SUBMITTED BY: Steve May, Public Works and Utilities Director þlrl'1*
PREPARED BY
DATE
SUBJECT:
Khoon Tan, P.E., Senior Civil Engineer
Thomas Toman, Assistant Public Works Director
March 21,2017
Consideration of Approval of Amendment No. 3 to the Personal
Services Agreement for Final Design for the Northwest Open
Space Community Park Project (NUVIS Landscape Architecture
and Planning) (ClP 09209)
RECOMMENDATION
By motion, approve and authorize the City Manager to execute Amendment No. 3 to the
Personal Services Agreement with NUVIS Landscape Architecture and Planning
(NUVIS) for a contract augmentation in the amount of $288,299, for design of the
Northwest Open Space Community Park Project.
EXECUTIVE SUMMARY
Pursuant to the December 6,2016, City Council direction, staff proceeded with design
of the Option 4 Concept Plan for the Northwest Open Space Community Park Project,
with cost saving measures recommended by the Parks, Recreation, Senior and Youth
Services Commission (PRS&YS), the Trails and Equestrian Commission (TEC), and the
Putuidem Committee (PTC). The Project location and the Option 4 Concept are shown
on Attachments 1 and 2, respectively. The Council direction on December 6 also
included removal of certain specialty art and signage items and the removal of the
prefabricated specialty items, such as the Kiichas and Ramadas, from the NUVIS
contract. These recommendations as outlined on the following page were formalized in
a second contract amendment with NUVIS. Through subsequent meetings between
Mayor Ferguson and the PTC after the December 6 City Council meeting, it was
recommended by the PTC that the specialty art and signage components and the
prefabricated specialty items that were removed from the NUVIS scope of work be
reinstated. The proposed third amendment to the contract with NUVIS (Attachment 3)
City Council Agenda Report
March 21,2017
Page 2 of 6
incorporates these items. There is no overall fiscal impact as a result of the proposed
amendment, as the subject items were only eliminated from the NUVIS scope of work
and not from the Project budget.
Following are the changes to the NUVIS scope of work as directed by Council on
December 6 and as incorporated in Amendment2. The proposed Amendment 3 would
add item #8 back into the scope of work for NUVIS, except for the archeological and
paleontological services.
1. Remove equestrian ADA ramp from the equestrian staging area.
2. Remove bleacher (with corresponding shade structure) from the equestrian
staging area.
3. Reduce scope of the picnic area entry monumenUsignage.
4. Reduce the number of shrubbery by half, but maintain all culturally significant
shrubbery/plants that were used for medicinal, basket weaving and other
purposes.
5. Reduce the irrigation system through localized plantings.
6. Substitute the proposed asphalt with soil cement (for the parking lot).
7. Execute an Amendment to the Design Contract with NUVIS Landscape
Architecture and Planning.
8. Remove from the NUylS scope of work the archeological and paleontological
seryrces, the specialty arf and signage components, and the prefabricated
specialty items such as Kichas and Ramadas, and for the city to handle those
independently subject to the future drscussions and review by the City Council.
Commission and the Putuidem Committee.
9. Return to the City Council for approval of the design and authorization to bid.
FISCAL IMPACT
The proposed contract amendment with NUVIS in the amount of $288,299 would bring
the total NUVIS contract to $701,954. The remaining budget for the project of $2.9
million is expected to be sufficient to cover costs for design and construction. The
annual park maintenance cost is not included in the Fiscal Year 2017-18 operating
budget.
ENV¡RONMENTAL IMPACT
The proposed Project is subject to review under the California Environmental Quality
Act (CEQA). Following the preparation of the design plans, the required environmental
documentation will be prepared.
The recommended action to approve a design contract amendment is not subject to the
California Environmental Quality Act (CEOA) pursuant to section 15060(c)(3) of CEQA
City Council Agenda Report
March 21,2017
Page 3 of 6
Guidelines because the activity is not a project as defined in Section 15378 of the
CEQA Guidelines, California Code of Regulations, Title l4,Chapter 3, and the action
has no potential for resulting in physical change to the environment, directly or
indirectly.
PRIOR CITY COUNCIL REVIEW:
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On February 3, 2009, the City Council reviewed and endorsed the Northwest Open
Space Conceptual Park Plan (Phase 1).
On February 16,2010, the City Council approved a Personal Services Agreement
with Adam Streeter Civil Engineers, lnc. to develop the Preliminary Grading Plan.
On April 16,2013, the City Council reconsidered the Northwest Open Space Phase
1 Conceptual Community Park Plan and directed staff to modify the plan to reduce
the community gardens to 75 plots with an area set aside for a commercial organic
farm/garden lease, to expand the picnic area, to keep the parking area as designed,
and to study the location of the restroom buildings; and to include two horseshoe
courts, two volleyball courts, and two bocce ball courts. The City Council noted that
an equestrian facility would be more appropriate in the Phase 2 area.
On October 1, 2013, the City Council rejected the proposals received for the re-
designing of the Northwest Open Space, Phase 1 Community Park and directed
staff to return to the City Council with a revised alternative approach for
consideration.
On November 5, 2013, the City Council considered the opinion of probable costs
and directed staff to proceed with a reduced cost alternative and to also give the
information to the Open Space, Trails, and Equestrian Commission and the Parks,
Recreation, and Senior Services Commission. Additionally, the City Council directed
staff to continue discussion with the property owners to the west of the Northwest
Open Space property regarding their request for an access road.
On February 4,2014, the City Council considered the recommendations of the Open
Space, Trails, and Equestrian Commission, and Parks, Recreation, and Senior
Services Commission to amend the proposed scope of work for the Northwest Open
Space, Phase 1 Community Park, and directed staff to proceed with Option "8", the
lower cost alternative previously approved by the City Council. On June 3,2014, the
City Council approved a Personal Services Agreement with NUVIS Landscape
Architecture and Planning, to prepare California Environmental Quality Act (CEOA)
environmental studies, plans, specifications, cost estimates, and provide bidding and
construction support for the Northwest Open Space Community Park project (Phase
1) in the amount of $444,234; and authorized the City Manager to execute Change
Orders to the Personal Services Agreement in an amount not to exceed the 10%
contingency amounl of $44,423.
On February 17,2015, the City Council received and filed a project update for the
Northwest Open Space Community Park Project; provided comments and direction
on the proposed park project; and directed staff to return to the City Council with
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City Council Agenda Report
March 21,2017
Page 4of6
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alternative project options for the expenditure of remaining park project funds. The
City Council also authorized staff to begin discussions with the ARK of San Juan
Companion Animal Rescue for the possible design, construction, and operations of a
pet adoption center within the Northwest Open Space.
On April 7,2015, the City Council considered project options for the Northwest Open
Space Community Park Project and approved the Alternate Base
Amenities/Facilities Base option for an extended paved entry driveway and turn-
around, a prefabricated restroom with attached drinking fountain, an expanded
group cultural area, a corporate area and a pole corral at the existing equestrian
staging area with an equestrian Americans with Disabilities Act (ADA) ramp.
On May 3,2016, the City Council received a presentation by staff on the Northwest
Open Space Community Park; selected Concept Plan Option 4, with the following
modifications: inclusion of a separate unisex restroom, bubbling rock water feature,
phasing planting of shrubs, and removing the bleachers and the Americans with
Disabilities (ADA) ramp; directed staff to request a proposal from NUVIS Landscape
Architects (current designer) for commencement of final design; and allowed the
Juaneño Band of Mission lndians, Acjachemen Nation, to have dedicated use of the
park four times a year.
On September 20,2016, the City Council directed the design of the Northwest Open
Space Community Park Project (without input from NUV/S Landscape Architecture
and Planning) to be sent back to the original design committees (Parks, Recreation,
Senior and Youth Services Commission and the Putuidem Committee) for their
review and recommendation to the City Council on the design, and sustainability,
such as yearly maintenance costs, and estimated revenues from events; and, direct
staff to bring back the recommendation to the City Council, along with a Request for
Proposals (RFP) for design services.
On November 15, 2016, the City Council directed the Northwest Open Space
Community Park Project to be fon¡rarded to the Trails and Equestrian Commission
for review.
On December 6, 2016, the City Council received and filed feedback from the Parks,
Recreational, Senior and Youth Services Commission, the Putuidem Committee and
the Trails and Equestrian Commission and directed staff to proceed with the design
of the Northwest Open Space Community Park Project as proposed in Option 4 with
specified changes in accordance with the feedback received.
COMM ISS ION/COMM ITTEE/BOARD REVI EW AND RECOMMENDATIONS
On March 10,2009, the Planning Commission conducted a Work Session on the
Northwest Open Space Conceptual Land Use Plan, Phase 1 Park lmprovements.
On Augus| 6, 2012, the Open Space Trails and Equestrian Commission reviewed
and discussed a draft Request for Proposals for the Northwest Open Space, and
Phase 1 lmprovements.
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City Council Agenda Report
March 21,2017
Page 5 of 6
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On January 6, 2014, the Open Space, Trails, and Equestrian Commission and
Parks, Recreation and Senior Services Commission jointly reviewed the reduced
cost option and recommended further reductions in the proposed scope of
improvements.
On September 22, 2015, the Cultural Heritage Commission received and filed a
presentation on "The Village of Putuidem" provided by Mr. Steve Rios, a City
resident and member of the self-described Putuidem Committee. Members of the
Putuidem Committee responded to questions.
On January 19, 2016, the Parks, Recreational, Senior and Youth Services
Commission received and filed a project update presentation by staff and the
Putuidem Committee, and provided comments and feedback for the Northwest Open
Space Community Park Project.
On January 26,2016, the Cultural Heritage Commission received and filed a project
update presentation by staff and the Putuidem Committee, and provided comments
and feedback for the Northwest Open Space Community Park Project.
On February 8, 2016, the Trails and Equestrian Commission received and filed a
project update presentation by staff and the Putuidem Committee, and provided
comments and feedback for the Northwest Open Space Community Park Project.
On March 10, 2016, the Design Review Committee received and filed a project
update presentation by staff and the Putuidem Committee, and provided comments
and feedback for the Northwest Open Space Community Park Project.
On March 22,2016, the Planning Commission received and filed a project update
presentation by staff and the Putuidem Committee, and provided comments and
feedback for the Northwest Open Space Community Park Project.
On October 17, 2016, the Parks, Recreational, Senior and Youth Services
Commission and the Putuidem Committee held a meeting and work-session to
review the design and sustainability for the Northwest Open Space Community Park
project and directed staff to bring recommendations back to the City Council in
support of the previously approved Option 4 Concept Plan with suggestions for
specific cost saving measures for the project. The commission also recommended
against a Request for Proposal (RFP) process for additional concept.
On December 5, 2016, the Trails and Equestrian Commission held a meeting and
work-session to review the design and sustainability for the Northwest Open Space
Community Park project and directed staff to bring recommendations back to the
City Council for the DG multi-use trail to the restrooms be kept and that the trails be
at least 15'wide.
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City Council Agenda Report
March 21,2017
Pase 6 of 6
NOTIFICATIONS
o Perry Cardoza (NUVIS Landscape Architecture and Planning)o Phil Schwartzeo Susie Wernet (Friends of the Library). Jeff Singer (Friends of the Library)o Katherine Ransom. Putuidem Committee:o Adelia Sandovalo Dr. Patricia \Aarizo Gerald Muiro Gigi Nieblaso Jerry Nieblaso Joyce Stanfield Perryo Matias Belardeso Rebecca Robleso Rhonda deHaano Stephen Rios. Trails and Equestrian Commission. Parks, Recreation, Senior and Youth Services Commission
ATTACHMENTS
Attachment 1: Location Map
Attachment 2: Option 4 Concept Plan
Attachment 3: Amendment No. 3 to the Personal Services Agreement with NUVIS
Project Location
ctP 09209
THE CITY OF
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NORTHWEST OPEN SPACE COMMIJNITY PARK
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THIRD AMENDMENT TO
PERSONAL SERVICES AGREEMENT
NUVIS DESIGN AND CONSTRUCTION SUPPORT SERVICES
THIS THIRD AMENDMENT TO THE PERSONAL SERVICES AGREEMENT
between the City of San Juan Capistrano ("City") and NUVIS Landscape Architecture
and Planning, ("Consultant") is made and entered into, to be effective the _ day of
2017, as follows:
RECIIALS:
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 (ClP 09209); and
WHEREAS, City and Consultant have amended the terms of the Agreement
through Amendment No. 1 to Personal Services Agreement dated September 20,2016
to extend the contract completion date to December 31, 2016; and
WHEREAS, City and Consultant have amended the terms of the Agreement
through Amendment No. 2 to Personal Services Agreement dated January 18,2017 to
incorporate City Council approved changes in the project scope and to extend the
contract completion date to July 30, 2018; and
WHEREAS, the City and Consultant desire to amend the terms of the Agreement
as provided hereunder.
AMENDMENT:
NOW, THEREFORE, in consideration of the promises and mutual covenants
contained therein, City and Consultant mutually agree to amend the Agreement as
follows:
A. Scooe of Work (SecJiqn 1l
This Agreement will augment the scope of work to be performed by the
Consultant and shall consist of those tasks as set forth in Exhibit "B-1,"
attached and incorporated hereín by reference. To the extent that there
are any conflicts between the provisions described in Exhibit "B-1" and
those provisions contained within this Agreement, the provisions in this
Agreement shall control.
B. AddiTjonal Comnensaiion
City hereby agrees to pay the additional sum of Two Hundred Eighty Eight
Thousand Two Hundred and Ninety Nine Dollars ($2S8,299) to Consultant
for the services hereunder as set forth in Exhibit "8,1," attached and
incorporated herein by reference. These services to the Agreement shall
commence on the effective date of this Amendment.
Attachment 3
1 of 13
C. Entirg.#gre$m,*nl
This entire Agreement between the City and Consultant with respect to
those services described herein and any other understandings, oral or in
writing, are hereby superseded.
All other provisions of the Agreement not amended hereunder shall remain in full
force and effect.
CITY OF SAN JUAN CAPISTRANO
By:
ATTEST:Ben Siegel, City Manager
CONSULTANT
By:
Maria Morris, City Clerk
By:
Perry Cardoza,
Executive Více President
NUVIS Landscape Architecture &
Planning
APPROVED AS TO FORM
By:
Jeffrey Ballinger, City Attorney
Attachment 3
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EXHIBIT "B.1"
Attachment 3
3 of 13
Conceptual Desiqn Phase
Site Visit $250 $250
Site Documentation $0
Desiqn Workshoo (2)$1,250 $1,250
Development of I nterpretive Summary $1.500 $1,500
Scopino Meetinq s0
Due Diliqence $0
lssues/Constraints $0
Existinq Plans $0
Revisions to Conceptual Site Plan (signage, amenities,
sustainabilitv. landscapinq)$13,550 $13,550
Desiqn Develooment of Panel Text $3.000 $3,000
Desiqn Development of Panel Template (2 sample lavouts)$750 $750
Preliminary Desiqn and Layout of Panels $3,000 $3,000
Preliminary Desiqn and Layout of Six Direction Markers $900 $900
lmaqer Research and License Fees $2,700 $2,700
Phase 1 Cultural Resources lnventory Report Preparation $0
CEQA Mitiqated Neqative Declaration s0
Notice of lntent to Adopt a MND s0
Final lnitial Studv/Mitiqated Negative Declaration $0
Notice of Determination $0
Proiect Meetinos with SJC/NUVIS for Env Documentation $0
Construction Document Phase $0
Records Research s0
Topoqrahpic Survey $0
Prepare Base $0
Geotechnical lnvestioation $0
Utilitv Research and Coordination $0
Off-Site Street lmprovement Plan $o
Off Site Traffic Siqninq and Stripinq Plan $0
Fire Master Plan $0
Preliminarv Gradino Plan $0
Precise Gradinq and Drainaoe Plan $0
Erosion and Sediment Control Plan $0
On-site Siqninq and Stripinq Plan $0
On-site Sewer and Water Plan $0
On-Site Electrical Service Plan $0
Hvdoloqv & Hvdraulics Report $0
Storm Water Documents $o
Siqnaqe Plan with Desiqn Development Park Siqnaqe Details $3.900 $3.900
Structural Plans $25,000 $25,000
Çonstruction Layout Plan $0
Landscape Plans $0
lrrioation Plans $0
Technical Specifications and Contract Documents $0
Cost Estimates $0
Design Team/Governmental Agency Coordination (NUVIS: 14
Hrs Corp Princ + 16 Hrs PM)$0
Reimbursables $0
Reversion of Excell Caltrans RÂff back to Citv $0
Proiect Manaqement Fee This Phase $8,370 $8.370
Prolect Administration Fee This Phase 92,790 $2.790
Desíon Suö loúal 811,160 g25.A0A $17,250 $3,55A $o $66.960
City of San Juan Capistrano
Preparation of Environmental Studies (CEOA) and Plans, Specifications and Cost
Estimates PS&E) for the Northwest Space Community Park (ClP No. 09209)
Team NUVIS Fee Schedule-B1 Amendment 3
Task & NUVIS ESE Aeorn Total
$Struct Artigt Art¡st
Attachment 3
4 o'f 13
Biddino & Construction Suooort
Pre-Bid Conference Attendance $o
Provide Clarifications, Details, Consultations, Addendums,
Advice durinq Bid Phase $0
Pre-Construction Meeting $0
Plan Clarifications, Additional Details, lssue Bulletins, RFls,
Review/Approve Shop Drawings, On-going Consultation
durinq Construction Phase $1,000 $1,000
Construction General Permit (CGP) Monitorinq & lnspection $0
Final Walk-Throuqh/Punch LisUReview As-Builts $0
Discovery and Treatment Plan Preparation for Construction
Monitorinq $o
Custom Art Fabrication and Site Finishinq s142.700 $26,480 $1 69,1 80
Art Contioencv Fee $14.270 $14.270
Cultural Resources Manaqement Plan Preparation $0
Preconstruction Resources Sensitivitv Traininq $0
Archaeological and Native American Daily Monitoring (by
others)$o
Cultural Resources Monitorinq (Geoloqical Studies (2 davs)$o
Cultural Resources Monitorino Compliance Report (bv others)$0
Design Team/Governmental Agency Coordination (NUVIS: 4
hrs Corp Princ + 3.5 hrs PM)$0
Reimbursables $0
Proiect Manaqement Fee This Phase $27.667 $27,667
Proiect Administration Fee This Phase $9,222 s9.222
Construction Sub Total $36.889 $t,aÙa $0 síı6.97A 926.480 $221.339
Total Froposal Frofess¡onal Fêe t48.049 s26.oo0 $17.250 s170.520 s26.480 s288.299
Taek &
Description
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Attachment 3
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August 9, 2016 (îee correctlon)
August 4, 2016 (revisad)
July 12,2016 (reviscd)
June 28, 2016
Vl a c-m a I I : pcardoza@t uvl s.n ct
Mr, Perry Cardoza
Nuvis
3151 Airway Ave., #J3
Costa Mesa, CA 92626
TT'{FIRñ.¡IATÍOI'I CF REAUSST F9R qTGINEERING.9EJTVI"CEg
At your request, we have prepared the following estimate for engineering seryices:
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Io¡y Elndsl, Sf,
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PROJECT NAME:
PROJECT LOCATION:
PROJECT NUMBER:
Northwest Open Space Community Park
San Juan Capistrano, Califomia
Proposal
The project consists of providing structural engineering services for the San Juan Capistrano Park for
the following items:
1. The steel dome struclure and foundation. Design drawings and details to be provided by
architect/artist. Lump sum fee $15,000.
2. The pre-fabricated Ramada Shade structure fooling and vertical '/ shaped steel tubes only.
Wood members and connections to steel member are by others. Design drawings and deta¡l
to be provided by Architect/Artists. Lump sum fee $6,000.
3. The pre-fabricated large group wood shade struclure footing only. Lump sum fee $2,000.
4. The pre-fabricaled 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 serv¡oe 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 monlhly for time expended. Any special requirements for the invoice format should be
communicated immediately. No invoices can be reissued more than seven days after receipl.
Payment is due on receipt of invoice or in accordance with the Standard AIA Agreement. Unpaid
invoices may be charged interest al 1-112o/o per month. ln the event of any litigation, a reasonable
attorney's fee lo be set by the court shall be included in any judgment in our favor.
Services shall be performed, within the limits prescrlbed by you our cllent, in a manner consistent with that
level of care and skill ordinarily exercised by other professional consultants under similar circumstiances. No
Attachment 3
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Bl Amendment 3
Mr, Perry Cardoza
Nuvis
Re: Proposel for Northwest Open Space Community Park
Au8ust 9,2016
Page2ol2
r*
I Engleklrk
lnt(1!ut ¡t¡ti¡ilf
olher representations to you, express or implied, and no wananty or guarantee is included or intended in this
Agreement, or in any repoÉ, opinlon, document or otheruise. The second and third pages of lhis document
are part of this agreement.
We are looking fonvard to commencing services upon ¡oceipt of a signed copy of this agreement. Signer
represents that he or she has the authority to make this agreement.
ñ:lÅ',APPROVED BY;
Zen Hoda, PE, S.E.
Senior Project Direclor
'Licensed by the Board for Professlonal Engineers
Title
Your Job or Charge No.
Attachment 3
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81 Amendment 3
The following conditions are pad of this agreement between
the parties and there are no third party beneliciaries Io it:
CONSTRUCTION DOCUMENTS
Computations involving scientific principle serve as a guide for
lhe experienced engineer and assisl the engineer in lhe
preparalion of construclion documents which reflect the
structural engineering decision making process. The accuracy
of computations is not guaranleed and as such may lead a
user or reviewer to an incorrecl conclusion. Accordingly, no
computations shall be released on this Project. ENGINEER's
Construclion Documenls are intended lor the sole purpose of
describing the design intent of the Project, and cannot be rolied
upon for any purpose olher 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 conslruction is documented in the Shop Drawings
prepared by lhe Contraclor. CLIENT agrees that the
ENGINEER's Drawings are nol lhe Shop Drawings and cannot
and will not be interpreled or used as Shop Draw¡ngs.
Besponsibility for the preparation, compleleness and accuracy
of Shop Drawings lies solely with the Contractor.
OWNERSHIP OF DOCUMENTS
It is understood and agreed lhat the calculalions, drawings,
and specifications prepared pursuant lo this Agreement,
whether in hard copy or machine-readable form, are
¡nslruments of professional service inlended 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 relain copies for
information and reference in connecl¡on 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 ìo CLIENT
all identification reflecting lhe involvement of ENGINEER in
lheir preparation.
CLIENT recognizes that changes or modifications to
ENGINEER's instruments of professional service introduced by
anyone olhe¡ than ENGINEER may result in adverse
consequences which ENGINEER can neilher predict nor
control. Therefore, and in consideration of ENGINEER's
agreement to deliver ¡ts instruments ol professional service in
machine readable form, CLIENT agrees, to the fullest ext€nt
permitted by law, to hold harmless and indemn¡fy ENcINEER
from and against all claims, liabililies, losses, damages, and
cosls, 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 lo th¡s project, or for completlon of this
project by olhers, excepting only such use as may be
authorized, in writing, by the ENGINEER.
PAYMENTS TO ENGINEER
No deduction shall be made from the ENGINEEB's
compensation on account of penally, liquidated damages, or
any sum withheld from paymonls to contraclors or CLIENT.
lf the CLIENT objects lo any invoico submitted by the
ENGINEER, CLIENT shall so advise the ENGINEER in writing,
within fourteen (14) days of such invoice, stating lhe reasons
for such objections. ll the CLIËNT fails to pay ENGINEER
within sixty (60) days after rece¡pt of ENGINEER's invoice, the
amounts due ENGINEER shall include a charge at the rate of
1 - 112% per monlh from the sixtieth day, and in addition,
ENGINEER may, after giving seven (7) days wr¡tten 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 ENGINEEB for
lull 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 seru¡ces in order that
ENGINEER may take such prompt, effective measures as will,
in ENGINEER'S oplnion, correcl or minimize the consequences
of such defect.
TERMINAIION OF AGREEMENT
ln the event CLIENT terminates the Agreement through no
fault of lhe ENGINEER, lhe ENGINEER shall be paid
compensation plus Reimbursable Expenses for services
pelotmed up to the termination date. ENGINEER reserves ûre
right to complete such analysis and records as are necessary
lo place files in order and complete the report of the work
porformed to date.
LIABILITY AND INDEMNITY
ENGINEER represonts 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 consultanls under similar circumstances. No
other representalions to CLIENT, express or implied, and no
warranty or guaranlee is included or intended in this
Agreemenl, or in any report, opin¡on, documenl or olherwise,
ln 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 allorney's fees, for injury to or death of any person
and for loss of or damage to any property caused by negligent
or willful acls, 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 lo have been negligent in the
pelormance of prolessional seruices, 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 3
B of 13
81 Amendment 3
The Acorn Group, lnc.
180 South Prospect, Suite 230
Tustin, CA 92780
(714) 838-4888
j ri g by@acorn g rou p. co m/www. acorn g rou p. com
Project;
Client:
Date:
lnterpretive panel development for Northwest Community Park
Nuvis
May 24,2016
Scope of Work
l. 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 facilitatíon of portion of design workshop, $1,250.00
Assumes the City and Nuvis willtake care of admlnistrative 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, facilltation during workshop, and post-workshop work and
correspondence.
Development of interpretive summary, $1,500.00
lncludes summary of site's interpretive significance; establishment of theme, subthemes;
interpretive goals for six panels; and content outline.
ll. Design development
Development of text, $3,000.00
lncludes 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.
Attachment 3
9 of 13
Design template, $750.00
81 Amendment 3
Development of two sample layouts showing color palette, fonts, and placement of images, text
blocks, and masthead.
Preliminary design and layout of panels, $3,000.00
Preparation of six panels wíth 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 rnarkers, $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.
lmage research, $gOO.OO
Photo and art archive research and correspondence/procurement time
lmage license fees, $1,800.00 (estimate only, based on allowance of $300.00/panel)
Assumes City, Nuvis, or tribal representatives will supply some of the high resolution photographs
plus vector art for any required logos and maps at no charge to The Acorn Group.
Commissioned art, to be determined
lll. Final Design/"Construction Document Development"
Final design development and pre-press production of panels, $:,O0O.OO
Final art production and delivery of digital art accordíng 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, $17,250.00 based on monthly submittal of invoices for completed work, net
30 days. Fees include communication expenses, localtravel, and up to: three meetings with tribal
leaders, two meetíngs with City/Nuvis, one design workshop, and 24 hours of communication by
phone and email with Nuvis. FEIN: 33-0688033.
Attachment 3
10 of 13
B'l Amendmenl 3
Marsh Scott
33942 Malaga Dr. apt A, Dana Point, CA 92629
949-494.8672 wwwMarshScott.com marshscott@me.com
Perry Cardoza, RLA, ASLA
Executive Vice President
NUVIS LANDSCAPE ARCHITEGTURE & PLANNING
p: 714.754-7311 ex 230 I c: 714,747-1190e:@w:wiywrnuvi$.net
San Juan Project - Scope of Design Work 8l11lt6
. Three meeting with City @ 3 hours each $1350.. Three meetings with NUVIS @ 2 hours each $900.' Free hand drawings or computer generated graphics showing design concepts for;
Directional Markers, lnterpretive Sign Base and two sizes of housing frame structures. Designs
must be approved by Tribe. 2 alternatives each. Allow 36 hours $ 5,400' Select materials, specify measurements and fabrication scope for fabrication, powder
coating and material quotes @ 16 hours each $2400.
Material, fabrication and finish samples of selected concepts $3500.
Total Design Work $13,550
Structural Engineering by others.
San Juan Project - Scope of Fabrication Work
. Fabricate (3) I'd x 6'6" housing frame structures (+6" below grade)
. Fabricate (3) 12'd x7'6" housing frame structures (+6" below grade)
, Fabricate (4) I'directional markers (+6" below grade)
. Fabricate (6) I'structures to hold interpretative signs (+6" below grade)
. Fabricate (1) temporary adjustable installation support for fabrication and installation of
housing structures
Note: housing structures will be in (79)finished parts. Markers and Signs will be one-two
pieces each.
Fabrication to include:
Building adjustable structure to support housing frames during construction and installation.
Purchasing materials including metaltube, wire and plate, finished and working hardware,
texturing material, paints, abrasives and incidentals.
Cutting, sawing, welding, bending, forming, surface preparation, drilling, sanding, fitting,
labeling.
Attachment 3
11 of 13
81 Amendment 3
Water jet cutting and fitting of all cut and open ends for all and original feather/leaf for each
Marker and Sign.
Transportation to powder coater.
Powder coating finish.
Total Fabrication $ 134,900.
Post Fabrication to include:
. Consultation on installation @ 16 hours $2400.. After installation on site: additional paint, texture and finishes @ 42 hours $s400.
Total On Site Finishing $7800.
Scope does not include:
Structural engineering
Permits
Delivery and storage after powder coating
Site work
Footings
Electrical
lnstallation
lnterpretative signs
Storage íf delay between fabrication and finishes
Total Design, Fabrication and Finishing $ 156,250.
Marsh Scott date
Perry Cardoza date
Attachment 3
12 of 13
Bl Amendment 3
8L/ø6/2øø6 L2i35
DON HANSEN TNTERPRISES
3619 trt tundþün åvûil¡ç
SANT'I A¡IA, CALIFOñT{h ASTO{.."" ttrtr Ua t¡0tt?l
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PROPOSAL
PFOPERTY LINES: Ownor Bh8¡l looålc ând Þonl oül ploporty lln65
lo conlËclor. CÖñlfacto¡ måy, at hl8 option, r6qulrâ 0?rn6l tÛ provlde
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contr¡cür m¡y þe reløned to lhâ Reglslrar, Conlf0çlorr'81slè Llc¿ñiê Boôflt, P,O. 8or ?6{Ìth, Sncramsnlo, CA 05*26.
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F.llu.r by fhð üonrâGtþr, u¡lthoul l¡r¡rlul tû ¿r¡l¡slãnlldty ¡ofi$Brurs Íru,tlr wllirnâtrFfþf¡nrãtt drtü lñ lhlr ro ntrâcl {¡hFn lhâ worlr riïllt bûgln, TB r vlolâljÞn of lha
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ate horoÞy ãccgplod, You sro
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Paynenl ottor tha oum ol:Accordiô0 lô $âñúâü praollôð3 lo9 €sa¿L
PAYMENT SCHEDULE. The ConTracl
lncludc llnanca charg*r of any kind,
-Ev" G-. -) uponrign¡ñgcontraêt;
-
èlo (t
-^
- ) upon c-ornplôtlon
-%
(û-,_) upon comptåilon
Frlce eh*ll be pald ln progresa paymonls, which do not
accordlng to thê lollowlng schetlule:
d0 .. ,^ r rhrll bo mada torlhY,rilh uponL tc \e
-'
-¡ oomÍlËllon of wotk undorÞr¡g ooilrâct.
Upôn Êâllofâolofy Þaytìgnt bâ¡ñg rfiâdt lôt âñy poñlon ot rh.
vÍ¡rk pôrlomod, fro Contraciot shgll, pdor to anyfuñhor p8ymonl
bdno ñtdt, lurôlsh lô lht Olyn6r or Tsnãnt oontrac,tlng fôr the
homo lmptovirì1on| ot rwirhming pool, a lull and uncor¡dilional
r¡loËið lrom uny cla¡m or müdhåntor'lbf| for thåt porllon 0f
ths wük lor which psyment hãn loon mtct,
Yôu lhâ Ofircr orTon¡nt h¡ve lhe rlûhl to rooulrolho Contraclor to h¡vc a parloimanao'and
peymem bond.
,t{FoRrrÂTloil oflfrêfth|,¡e nt 3
81 Amendmenl IITPOñrAilT
13 of 13