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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: o o 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 a o a o City Council Agenda Report March 21,2017 Page 4of6 o 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. o a a o a o City Council Agenda Report March 21,2017 Page 5 of 6 o o a a 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. a a o a o 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 SAN JUAN CAPISTRANO N A #t \ ATTACHMENT 1 LOCATION MAP 3U00 6DU0 9t100 Feet ATTACHMENT 1, Page 1 of 1 rtV 0 0 0 t)0 SWAT'¡NER HOUSE i.Js t \\I \f)I \I-l0 (.s ) ì ",å "i -t'jt ß ,$0e qr tt\ \ 1 : J¡ ií ! iI -¡;r ): ,, c,3'.3 i\ il I I I I:l I I ,å,CI l I 0 0 '3- Is ì I, \, 00 l,,, :, .1.J,J ),' ,,, , t.,) c ^tt3 r9'5' i6, a ëë I :. I IItt ¡ic 00).0 \-' c c '3 s s s ,$ ,'3 AMENITIES I EX OOG PARK LOT W/AD.'ACENT PICNIC TABLES L t'v'¡Ò 'i ,q ; I l Rtìs tìt( )()iu ( rtvt.2rv) w t)RtNKtN(i totJN t^lN & li't'onÀ(iti :.2, tt,rttstilil.eiltN(iÀlìrÅ& tR¡\il,:(2)ilt ICiltN(ìt)r)sl.(t)lilKlit{^(.rKAts¡,t,AR^ttr^Rlj^ i]-1 cottt,ott,rl'tiÂt{li¡\:(t)tJtLNtct}^vlt.t()N.r2)sttAl)trsntttcttrlilis. 19)ptcNlc l^tìt.lìs. (l)Al)^l'lCNl(r'li\lll.li,(2lotill)(x)l{l}lx.¡W 1,1'CotJNlllR&slNKói,(l)ltlì(.}sl,l l i4) l'(Nl): ( t)clllt()NNIi sLrtI I'IURti i5') ¡,xr,¡Nnnu ctJt.i t 'l{^t. (ìttt )t.n'^turr\ : s()c t^r. ( i^ u uintN(i st oNt,. ( r(}) rútj'r^'r ri. ( t{)) Nti\N( )ri. (-l)!t^i\'l^l) S.((')lNll,lìl'ltl,rlVlì sl(iNs.(,1)l)ll{lÌClloNÂ1.Nl^lìKl,l{s.(6}KllCll^S i6) ¡tttt,t lt'r't t¡,¡'r r:n. : r 5{r sravts. (.t0ì D( )tll-l )tiRs. (2.t ) t.( x; stin't s. (.ì) tl^lr.tÂt)Ás. ¡ù coNCRti I l, Sl^(iL \\¡, l),(ì. l:lNlSll Sl't'trl Pl-¡\N - OPI'ION 4 LrUt.l tJß^t, vu.t.^(ìli t:N iltY st(iN lrXl l,Nl)l:l) ll\VH) l)RlVlrWAY ¡3 ¡rN lllY Al.l.'Wlji\ l ¡ llil{ st Ilt¡;^Clì & S{ !ll. L l:ñll.N l l)^ltKlN( ì l.( ) I t¡l()sw^l.tl 'l l{^sl I liN(il.r tStll(lì Irl ts t)l{r ft}.( )lr¡¡ A(l(ll:SS'l( ) lx Xi l'}^HK 4 q4q l.llvl¡lS()lìW()l{K ,-¡¡ûr¡rs ií) is) i.g) í10, tl tr ;12 .i 3l NORTHWEST OPEN SPACE COMMIJNITY PARK San .f uan Capistlano. CA 7\y"S(^lß: l'-2û VÀ(:dßlthtt.oI - N t-z t¡¡ =J.o Ét-( 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 2of13 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 NUVIS Landscape ESÊ $truct Âcorn lnterp. M. ScOtt f,'. ftanson.Enr Artist Arlist Total $ Attachment 3 5 of 13 ilLngþkirk tÎill(ll¡ul, nßttilt¡ 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: 3621 Horbor Eoulav¡rd Suil¡ I 25 Sonlo Ano, il 92/04 it 1.557.855ì r 7t 1.557.5530 f www.englokirk.corn Io¡y Elndsl, Sf, lowwto f. llo, St llkhotl K. Iomlre¡odo, SI (,hßÌotha Rotil,n Ihonu t" Sohl, PhD,5E Iwsell hnovyo, Sf, LEID AP l)lono t¡kknn llhll, SÍ Vkûni Â.Yohtw, SE Allkaw¡o lhonu Y. llhll, SÍ Hofurøud Fsthlhl,5E Ety lenlclnu, SE llolnne d lløssn, Pl[, 5 I Ion lloda, SE îottlr,l tugo,5E lotlhalh leúhol llilton S, Shiosoki Ðnioll!.Shútn Ilnberly F. lonaye 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 6of13 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 7of13 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 {7r{} â¡l'*Zt rrw.d hgoiltruûüùmf lü3cànl suhnríåd lrlU or* . .$ lSt... fr-," "i-ar¡ Hn*,. -i"S CotÍx lÏc¡+ 'Ç,.+ 1âba5. HANSEN PAGE A1 rage No. ---J- of -J- e's" PROPOSAL PFOPERTY LINES: Ownor Bh8¡l looålc ând Þonl oül ploporty lln65 lo conlËclor. CÖñlfacto¡ måy, at hl8 option, r6qulrâ 0?rn6l tÛ provlde â licönsðd lând Êurvqyor'T mâp öl ptöpôlv- 11 49631 852 C¡a s+ -lt -75 -/ 7-SV '73Yb ¿ Wc -3t-tb *¡,- ;;; ;"i.?'?"';,sfi,* ry etL,-s i*îPly .s*.rè*têI. ç-rral r.*lf ly 1i.',t--lî"t,c*¡x3 *o tr*or'rbç *vr3' bor-ir * .gfi,n. ,**., l,¡ti loy¿,...n^ c.obr,..'Itr,r ¡]s L:,*. oîg. 'f r**,ti-**þ...àn1.. g;,ñ*. h.r**k, /Jo\Jo.,"o.l lcr. èn c)*i¡.. *xh*. f-¡o--o..qoy!Å e!*n9*. --* J.sp--o-'¡J r-år 12+ $rnl! J"r.l-rir..+.rfge-fr \rf,,onlr f,.f" .t.\,"nt.l .l P;"'\{,"I ,f o\ ^y uf i*, ,""u,.,*3"J*lot;r,,ïïJl,"Iï.;""oijnfü ,l'îî""*".,or¡,srrto Lrcünsô Ea¡rd whrch h¡s iurlrdlctlon to lnvo¡itl0ale o-ompl¡lntr âg0lnBl conlrsctorı lf a ßomphlnt rsg¡rdlng r FrlÊnt acl or om}srlon lr llled-wlthln lour yeerr ol üo date öf tho allbcêd vlofallon. A complåhi rogardlñg a l¡teni tci or omlsrlon pcrlılnlng to $fuclur0l detÈctr ilurl bo llled wlthln l0 yoûrs of lhe doto ol thr alloged vlolrllon. Any quûsüonB ÊönËöffi|ñü å contr¡cür m¡y þe reløned to lhâ Reglslrar, Conlf0çlorr'81slè Llc¿ñiê Boôflt, P,O. 8or ?6{Ìth, Sncramsnlo, CA 05*26. llR ùl()Kt?. rli\('l,ll,llN(¡ l,À11(¡ll AIt¡ n,t,l'l'1,)Rl,1l,lit ls,llrltll'js l'rl'l'llh r'l)NlltÅ('t1)H r)ü ruù- (rR jl¡il{ t,j}r!,¡J}1'lititl llllllfi lt{l;l(¡- loR lHr;(r¡t,](:l'i N};A¡{l+tl' yfrll ItR ll^1,1, t.llfl,.ìll-(l tr¡l !\l( X{lr lN}r}Ri\1,1 ¡ ll)N. twonry {ât¡ dÊys lrum lhoConlöslots Uoon¡o L¡w. aÍôttstl lha Buyer, mcy rancÊlof tùls frûnðôdtlon. âos Yau, düo ttuÊ 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 on - t:{I"lå !¡', . ., -- _ ol Pro åboveTh0 6nd¡l¡onsand aråposåËp6clllcBtloñBptiooâ,ssllBl€elory and dot0 !vor'ithe ås willtÉ&:¡lisú.Paymml msdÞþB outlln€dã6 habove.ls undsrslÕûd and ûrlsthalag16èd¡ndılh6r contmÖtuålno årisð tlißunlilå0rððm3ntfthls propos¡l åoo¡plad wril¡ng. ate horoÞy ãccgplod, You sro wöd( ls ñöt prôvldsd lof In åny Nf ÈFrm¡t ¡¡ùøl¡^¡* xwÍnìM Ðîryr€¡l[rt ù¡rN¡r¡E*t luc Ffopofe to psrtorm lhs ebovs work ln aocordåms w¡th lh6 drãw¡ngE ånd Oom spæiflcalìÖfrü 8ubmlfiåd, ând to compl0lo ¡t lh a rvÕúmànlil{o rnÕnnör 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