17-0321_NUVIS LANDSCAPE ARCHITECTURE AND PLANNING_3rd Amd to Personal Services AgreementTHIRD AMENDMENT TO
PERSONAL SERVICES AGREEMENT
NUVIS DESIGN AND CONSTRUCTION SUPPORT SERVICES
THIS THIRD AMENDMENT TO THE PERSONAL SERVICES AGREEMENT
between the City of San Juan Capistrano ("City") and NUVIS Landscape Arcwwcture
n Piaing, ("Consultant") is made and entered into, to be effective the day of
KC2017, as follows:
RECITALS:
WHEREAS, City and Consultant have entered into a Personal Services
Agreement dated June 3, 2014, to prepare Environmental Studies (CEQA), Plans,
Specifications, Cost Estimates (PS&E) and provide Bidding and Construction Support
for the Northwest Open Space Community Park Project (CIP 09209); and
WHEREAS, City and Consultant have amended the terms of the Agreement
through Amendment No. 1 to Personal Services Agreement dated September 20, 2016
to extend the contract completion date to December 31, 2016; and
WHEREAS, City and Consultant have amended the terms of the Agreement
through Amendment No. 2 to Personal Services Agreement dated January 18, 2017 to
incorporate City Council approved changes in the project scope and to extend the
contract completion date to July 30, 2018; and
WHEREAS, the City and Consultant desire to amend the terms of the Agreement
as provided hereunder.
AMENDMENT:
NOW, THEREFORE, in consideration of the promises and mutual covenants
contained therein, City and Consultant mutually agree to amend the Agreement as
follows:
A. Scope of Work „(Section 1 ]
This Agreement will augment the scope of work to be performed by the
Consultant and shall consist of those tasks as set forth in Exhibit "B-1,"
attached and incorporated herein by reference. To the extent that there
are any conflicts between the provisions described in Exhibit "B-1" and
those provisions contained within this Agreement, the provisions in this
Agreement shall control.
B. Additional Compensation
City hereby agrees to pay the additional sum of Two Hundred Eighty Eight
Thousand Two Hundred and Ninety Nine Dollars ($288,299) to Consultant
for the services hereunder as set forth in Exhibit "13-1," attached and
incorporated herein by reference. These services to the Agreement shall
commence on the effective date of this Amendment.
C. Entire Agreement
This entire Agreement between the City and Consultant with respect to
those services described herein and any other understandings, oral or in
writing, are hereby superseded.
All other provisions of the Agreement not amended hereunder shall remain in full
force and effect.
n
0
APPROVED AS TO FORM:
By: _(-)F f
Jeffrey Ballinger, Cit Attorney
CITY OF SAN JUAN CAPISTRANO
CONSULTANT
ti
By: /1" /Jin Ao01%
Perry Cardoza, RLA, A6LA
Executive Vice President
NUVIS Landscape Architecture &
Planning
EXHIBIT "B-1"
City of San
Preparation of Environmental Studies
Estimates ' for •rthwest
Team NUVIS Fee
Task &
Description
Conceptual Design Phase
Juan Capistrano
(CEQA) and Plans, Specifications
Space CommunityNo.
•Amendment
NUVIS ESE Acorn
Landscape Struct Interp.
and Cost
1. 1•
M. Scott D Hanson Ent Total
Artist Artist $
Site Visit
$25_0
$250
Site Documentation
$0
Design Workshop 2
$1,250
$1,250
Development of Interpretive Summary
$1,500
$1,500
Scoping Meeting
$0
Due Diligence
$0
Issues/Constraints
$0
Existing Plans
$0
Revisions to Conceptual Site Plan (signage, amenities,
sustain ability, landscaping)
$13,550 1 $13,550
Design Development of Panel Text
$3,000
$3,000
Design Development of Panel Template 2 sample layouts
$750
$750
Preliminary Design and Layout of Panels
$3,000
$3,000
Preliminary Design and Layout of Six Direction Markers
$900
$900
Imager Research and License Fees
$2,700
$2,700
Phase 1 Cultural Resources Inventory Report Preparation
$0
CEQA Mitigated Negative Declaration
$0
Notice of Intent to Adopt a MND
$0
Final Initial Study/Mitigated Negative Declaration
$0
Notice of Determination
$0
Project Meetings with SJC/NUVIS for Env Documentation
$0
Construction Document Phase
$0
Records Research
$0
Topo rahpic Survey
$0
Prepare Base
$0
Geotechnical Investigation
$0
jUtility Research and Coordination
$0
Off -Site Street Improvement Plan
$0
Off Site Traffic Signing and Striping Plan
$0
Fire Master Plan
$0
Preliminary_Gradin Plan
$0
Precise Grading and Drainage Plan
$0
Erosion and Sediment Control Plan
$0
On-site Si nin and Striping Plan
$0
On-site Sewer and Water Plan
$0
On -Site Electrical Service Plan
$0
Hydology & Hydraulics Report
$0
Storm Water Documents
$0
Signage Plan with Design Development Park Signage Details
$3,900
$3,900
Structural Plans
$25,000
$25,000
Construction Layout Plan
$0
Landscape Plans
$0
Irrigation Plans
$0
Technical Specifications and Contract Documents
$0
Cost Estimates
$0
Design Team/Governmental Agency Coordination (NUVIS: 14
Hrs Corp Princ + 16 Hrs PM)
L
$0
Reimbursables
$0
Reversion of Excell Caltrans R/W back to City
$0
Project Management Fee This Phase
$8,370
$8,370
Project Administration Fee This Phase
$2,790
$2,790
Desi n Sub Total
$11,160 $25,000 $17,250
$13,550 $0 $66,960
Task &
Description
NUVIS ESE Acorn M. Scott D Ha�s Em Total
Biddin & Construction Support
Pre -Bid Conference Attendance
$0
Provide Clarifications, Details, Consultations, Addendums,
Advice during Bid Phase
$0
Pre -Construction Meeting
$0
Plan Clarifications, Additional Details, Issue Bulletins, RFIs,
Review/Approve Shop Drawings, On-going Consultation
during Construction Phase
$1,000 $1,000
Construction General Permit (CGP) Monitoring & Inspection
$0
Final Walk -Throe h/Punch Ust/Review As-Builts
$0
Discovery and Treatment Plan Preparation for Construction
Monitoring
$0
Custom Art Fabrication and Site Finishing
$142,700 1 $26,480 $169,180
Art Contigency Fee
$14.270 $14,270
Cultural Resources Management Plan Preparation
$0
Preconstruction Resources Sensitivity Training
$0
Archaeological and Native American Daily Monitoring (by
others)
$0
Cultural Resources Monitoring (Geological Studies (2 days)
$0
Cultural Resources Monitoring Compliance Report (by others)
$0
Design Team/Governmental Agency Coordination (NUVIS: 4
hrs Corp Princ + 3.5 hrs PM)
$0
Reimbursables
$0
Project Management Fee This Phase
$27,667 $27.667
Project Administration Fee This Phase
$9,222 $9,222
Construction Sub Total
$36,889 $1,000 $0 5156,970 1 $26,480 $221,339
Total Pir,ipjl osat Professional Fee
$48,049 $26,N0 $17,250 $170,520 $'26,480 $288,299
August 9, 2016 (fee correction)
August 4, 2016 (revised)
July 12, 2016 (revised)
June 28, 2016
Via e-maI1.pcardoze@nuvis.nat
Mr, Perry Cardoza
Nuvis
3151 Airway Ave., #J3
Costa Mesa, CA 92626
FEngiekirk
STI1E111AE E1111EE1S
3621 Harbor Boulevard
Suite 125
Santa Ano, CA 91104
714.557.8551 1
714.557.5530 F
www.englokirk.com
CONFIRMATION OF REQUEST FOR ENGINEERING SERVICES
Tony 6hodsi,SE
lawronce Y No, SE
At your request, we have prepared the following estimate for engineering services:
k1khaelK. fir"redo, SE
Christophw Rosien
PROJECT NAME: Northwest Open Space Community Park
ThonamA. Sabel, PAD, SE
PROJECT LOCATION: San Juan Capistrano,California
Tonouye, SE, TEED APno,
PROJECT NUMBER: Proposal
DlDt am Nk Rlsld, SE
mWkson
Yolnyy,
Al Ikanura
The project consists of providing structural engineering services for the San Juan Capistrano Perk for
Thomas Y. ON, SE
the following items:
Mahmoud Eaglohl, SE
Ety Bonkkou, Sf
1. The steel dome structure and foundation. Design drawings and details to be provided by
Maimed Hasson, PhD, SE
architect/artist. Lump sum fee $15,000.
Zen Bodo, SE
Babrbllugo, SE
2. The pre -fabricated Ramada Shade structure footing and vertical "y" shaped steel tubes only.
Katherh le-[hol
Wood members and connections to steel member are by others. Design drawings and detail
hlihonS. shiasaki
to be provided by Architect/Artists. Lump sum fee $6,000.
Dow W. Shobin
3. The pre -fabricated large group wood shade structure footing only. Lump sum fee $2,000.
"lly E. Toneuye
4. The pre -fabricated restroom footing only. Lump sum fee $2,000.
5. RFI and Bid phase review. Lump sum fee of $1,000.
Dellverables are stamped and signed calculations with mark-ups in the architectural/artist drawings.
The fees for this service will be a lump sum fee of $26,000, as broken down above, plus customary
reimbursable expenses at cost plus fifteen percent, not to exceed $3,000.
Billing will be monthly for time expended. Any special requirements for the invoice format should be
communicated immediately. No invoices can be reissued more than seven days after receipt.
Payment is due on receipt of invoice or in accordance with the Standard AIA Agreement. Unpaid
invoices may be charged interest at 1-1/2% per month. In the event of any litigation, a reasonable
attorney's fee to be set by the court shall be included in any judgment in our favor.
Services shall be performed, within the limits prescribed by you our client, in a manner consistent with that
level of care and skill ordinarily exercised by other professional consultants under similar circumstances. No
B1 Amendment 3
Mr. Perry Cardoza
Nuvis
Re: Proposal for Northwest Open Space Community Park
August 9, 2016
Page 2 of 2
rEngleldrk
Sr11Sr11Al ENGINEERS
other representations to you, express or implied, and no warranty or guarantee is included or intended in this
Agreement, or in any report, opinion, document or otherwise. The second and third pages of this document
are part of this agreement.
We are looking forward to commencing services upon receipt of a signed copy of this agreement. Signer
represents that he or she has the authority to make this agreement.
Zen Hoda, PE, S.E.
Senior Project Director
"Licensed by the Board for Professional Engineers
APPROVED BY:
rue
Your Job or Charge No.
B1 Amendment 3
The following conditions are part of this agreement between
the parties and there are no third party beneficiaries to it:
CONSTRUCTION DOCUMENTS
Computations involving scientific principle serve as a guide for
the experienced engineer and assist the engineer in the
preparation of construction documents which reflect the
structural engineering decision making process. The accuracy
of computations is not guaranteed and as such may lead a
user or reviewer to an incorrect conclusion. Accordingly, no
computations shall be released on this Project. ENGINEER's
Construction Documents are intended for the sole purpose of
describing the design intent of the Project, and cannot be relied
upon for any purpose other than to convey design intent. Any
evaluation of the engineering decisions made by ENGINEER
should be based solely on a review of the plans and
specifications.
Actual construction is documented in the Shop Drawings
prepared by the Contractor. CLIENT agrees that the
ENGINEER's Drawings are not the Shop Drawings and cannot
and will not be interpreted or used as Shop Drawings.
Responsibility for the preparation, completeness and accuracy
of Shop Drawings lies solely with the Contractor.
OWNERSHIP OF DOCUMENTS
It is understood and agreed that the calculations, drawings,
and specifications prepared pursuant to this Agreement,
whether in hard copy or machine-readable form, are
instruments of professional service intended for one-time use
in the construction of this Project. They are, and shall remain,
the property of ENGINEER, and shall govern in the event of
any inconsistencies. The Owner may retain copies for
information and reference in connection with the occupancy
and use of the Project. Because of the possibility that
information and data delivered in machine readable form may
be altered, whether inadvertently or otherwise, ENGINEER
reserves the right to remove from copies provided to CLIENT
all identification reflecting the involvement of ENGINEER in
their preparation.
CLIENT recognizes that changes or modifications to
ENGINEER's instruments of professional service introduced by
anyone other than ENGINEER may result in adverse
consequences which ENGINEER can neither predict nor
control. Therefore, and in consideration of ENGINEER's
agreement to deliver its instruments of professional service in
machine readable form, CLIENT agrees, to the fullest extent
permitted by law, to hold harmless and indemnify ENGINEER
from and against all claims, liabilities, losses, damages, and
costs, including but not limited to reasonable attorney's fees,
arising out of or in any way connected with the modification,
misinterpretation, misuse, or reuse by others of the machine
readable information and data provided by ENGINEER under
this Agreement. The foregoing indemnification applies, without
limitation, to any use of the project documentation on other
projects, for additions to this project, or for completion of this
project by others, excepting only such use as may be
authorized, in writing, by the ENGINEER.
PAYMENTS TO ENGINEER
No deduction shall be made from the ENGINEER's
compensation on account of penalty, liquidated damages, or
any sum withheld from payments to contractors or CLIENT.
If the CLIENT objects to any invoice submitted by the
ENGINEER, CLIENT shall so advise the ENGINEER in writing,
within fourteen (14) days of such invoice, stating the reasons
for such objections. If the CLIENT fails to pay ENGINEER
within sixty (60) days after receipt of ENGINEER's invoice, the
amounts due ENGINEER shall include a charge at the rate of
1 - 1/2% per month from the sixtieth day, and in addition.
ENGINEER may, after giving seven (7) days written notice to
CLIENT, suspend services under this Agreement until
ENGINEER has been paid in full all amounts due for services
and expenses.
CLIENT shall be responsible for payment of all fees for
CLIENT authorized services. CLIENT agrees to exercise
diligent pursuit of all fees owed by Owner. No action of Owner
shall release CLIENT of any responsibility to ENGINEER for
full compensation for services rendered.
ENGINEER reserves the right to lien the property or otherwise
pursue all available remedies provided by California law in
order to secure full compensation.
DEFICIENCIES
CLIENT shall promptly report to ENGINEER any defects or
suspected defects in ENGINEER's services in order that
ENGINEER may take such prompt, effective measures as will,
in ENGINEER's opinion, correct or minimize the consequences
of such defect.
TERMINATION OF AGREEMENT
In the event CLIENT terminates the Agreement through no
fault of the ENGINEER, the ENGINEER shall be paid
compensation plus Reimbursable Expenses for services
performed up to the termination date. ENGINEER reserves the
right to complete such analysis and records as are necessary
to place files in order and complete the report of the work
performed to date.
LIABILITY AND INDEMNITY
ENGINEER represents that the services shall be performed,
within the limits prescribed by CLIENT, in a manner consistent
with that level of care and skill ordinarily exercised by other
professional consultants under similar circumstances. No
other representations to CLIENT, express or implied, and no
warranty or guarantee is included or intended in this
Agreement, or in any report, opinion, document or otherwise.
In hiring ENGINEER, CLIENT purchases services and not
insurance and is justified in expecting only reasonable care
and competence and not infallibility.
CLIENT hereby indemnities and holds ENGINEER, its agents
and employees, harmless against any claims, actions or
demands against ENGINEER, its agents and employees and
against any damages, liabilities or expenses, including
reasonable attorney's fees, for injury to or death of any person
and for loss of or damage to any property caused by negligent
or willful acts, or the use of ENGINEER's design for any
application other than originally intended, by the CLIENT or
CLIENT's other consultants or subcontractors, or anyone
directly or indirectly employed by them.
Should ENGINEER be found to have been negligent in the
performance of professional services, the maximum aggregate
amount of CLIENT's recovery against ENGINEER and/or its
employees is limited to the amount of the fee paid to the
ENGINEER.
B1 Amendment 3
11
The Acorn Group, Inc.
180 South Prospect, Suite 230
Tustin, CA 92780
(714) 838-4888
jrigby@acorngroup.com/www.acorngroup.com
Project: Interpretive panel development for Northwest Community Park
Client: Nuvis
Date: May 24, 2016
Scope of Work:
I. Planning
Attendance at kick-off meeting with City and Nuvis, plus site visit, $250.00
Assumes one hour of travel, meeting, and walk-through.
Preparation for and facilitation of portion of design workshop, $1,250.00
Assumes the City and Nuvis will take care of administrative tasks including communication,
outreach, and establishing of meeting location. Assumes focus of interpretive portion is focused on
establishment of topics, themes, and goals for interpretation. Fee is based on one hour of travel,
two -three hours of preparation work, facilitation during workshop, and post -workshop work and
correspondence.
Development of interpretive summary, $1,500.00
Includes summary of site's interpretive significance; establishment of theme, subthemes;
interpretive goals for six panels; and content outline.
II. Design development
Development of text, $3,000.00
Includes background research, panel copy for three panels (titles, subtitles, main text, and callouts),
and one round of revisions for each of three panels. Client to submit one document showing all
tracked changes and edits before Acorn Group revision work is undertaken. Additional text
development per panel billed at $500.00.
Design template, $750.00
B1 Amendment 3
Development of two sample layouts showing color palette, fonts, and placement of images, text
blocks, and masthead.
Preliminary design and layout of panels, $3,000,00
Preparation of six panels with images as FPO (for position only); includes one round of revisions,
Client to submit one document showing all tracked changes and edits before Acorn Group design
revision work is undertaken. Additional preliminary design and layout per panel billed at $500.00.
Preliminary design and layout of six directional markers, $900.00
Preparation of two sets of design. Client to select preferred design format and submit one
document showing all tracked changes and edits before Acorn Group design revision work is
undertaken. Additional preliminary design and layout per marker billed at $150.00.
Image research, $900.00
Photo and art archive research and correspondence/procurement time.
Image license fees, $1,800.00 (estimate only, based on allowance of $300.00/panel)
Assumes City, Nuvis, or tribal representatives will supply some of the high resolution photographs
plus vector art for any required logos and maps at no charge to The Acorn Group.
Commissioned art, to be determined.
III. Final Design/"Construction Document Development"
Final design development and pre -press production of panels, $3,000.00
Final art production and delivery of digital art according to vendor specifications, based on six 36 x
24" panels. Additional final design development per panel billed at $500.00.
Final design development and pre -press production of directional markers $900.00
Final art production and delivery of digital art according to vendor specifications, based on six
directional markers. Additional final design development per marker billed at $150.00.
Total estimated fees, $17,250.00 based on monthly submittal of invoices for completed work, net
30 days. Fees include communication expenses, local travel, and up to: three meetings with tribal
leaders, two meetings with City/Nuvis, one design workshop, and 24 hours of communication by
phone and email with Nuvis. FEIN: 33-0688033.
B1 Amendment 3
Marsh Scott
33942 Malaga Dr. apt A, Dana Point, CA 92629
949.494.8672 www.MarshScoti.com marshscott@me.com
Perry Cardoza, RLA, ASLA
Executive Vice President
NUVIS LANDSCAPE ARCHITECTURE & PLANNING
p: 714.754-7311 ex 230 1 c: 714.747-1190
e: pcardoza@nuvis.npt w: www.nuvi .nit
San Juan Project - Scope of Design Work 8/11/16
• Three meeting with City @ 3 hours each $1350.
• Three meetings with NUVIS @ 2 hours each $900.
• Free hand drawings or computer generated graphics showing design concepts for;
Directional Markers, Interpretive Sign Base and two sizes of housing frame structures. Designs
must be approved by Tribe. 2 alternatives each. Allow 36 hours $ 5,400
• Select materials, specify measurements and fabrication scope for fabrication, powder
coating and material quotes @ 16 hours each $2400.
Material, fabrication and finish samples of selected concepts $3500.
Total Design Work $13,550
Structural Engineering by others.
San Juan Project - Scope of Fabrication Work
• Fabricate (3) 9'd x 6'6" housing frame structures (+6" below grade)
• Fabricate (3) 12'd x 7'6" housing frame structures (+6" below grade)
• Fabricate (4) 8' directional markers (+6" below grade)
• Fabricate (6) 8' structures to hold interpretative signs (+6" below grade)
• Fabricate (1) temporary, adjustable installation support for fabrication and installation of
housing structures
Note: housing structures will be in (79) finished parts. Markers and Signs will be one-two
pieces each.
Fabrication to include:
Building adjustable structure to support housing frames during construction and installation.
Purchasing materials including metal tube, wire and plate, finished and working hardware,
texturing material, paints, abrasives and incidentals.
Cutting, sawing, welding, bending, forming, surface preparation, drilling, sanding, fitting,
labeling.
B1 Amendment 3
Water jet cutting and fitting of all cut and open ends for all and original feather/leaf for each
Marker and Sign.
Transportation to powder coater.
Powder coating finish.
Total Fabrication $ 134,900.
Post Fabrication to include:
• Consultation on installation @ 16 hours $2400.
• After installation on site: additional paint, texture and finishes @ 42 hours $5400.
Total On Site Finishing $7800.
Scope does not include:
Structural engineering
Permits
Delivery and storage after powder coating
Site work
Footings
Electrical
Installation
Interpretative signs
Storage if delay between fabrication and finishes
Total Design, Fabrication and Finishing $ 156,250.
Marsh Scott
Perry Cardoza
81 Amendment 3
date
date
01/06/2006 12:39 1149631852
D0N HANSEN ENTERPRISES
3619 W, Pendleton Avenue
SANTA ANA, CALirORNIA 92704
staff Uc. M31DO978
(714) 231.3284
tllww.dhconcnet"ta ntpinti.00 M
Submitted
ry Cay
&IrigiAvl3lf L:DlettHC{NII�i urONit NMPLI r'^'!1, a••
HANSEN PAGE 01
Page No - of Pages
PROPOSAL
PRt3PCRIY LINES: Owner shall loeplo and point our property lines
Ip eontoudol. Contractor may, al hla option, require owner to provide
a licensed land surveyor's. map of property -
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Contractors are required by law to be 111wrssed and regulated by the Cardractors' Seats t_fcense Board which has
Jurisdiction to Investigate complaints aggalnat contractom If a complaint regarding a patent ucl or omisalon Is filed
wilhln four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to
structural defects must be flied within ep yyaera of the date of the alleged violation. Any questions concorning a
contractor may be referred to the Registrar. CCntract"s' Stats License Board, P.O. Sox 28W, Sacfarnenlo, CA 95828,
>51LCil? LN5 Itlq)GIREN ANVONE WHO CON'IVAC114'I1) VO CON;NUOI("1ION MIRK 10 Inti 1AUENNED IN Flit' VONIRAUVIRS" STATE IMTNSY
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We PrOpoBB to perform the above work In aocordance with the drawings and specirlcalions submitted, and to Complete It In a workmanlike manner
According to staindard practioas for the Bum ot: Down Payment of
- S1U45 ,0a k—
PAYMENT SCHEDULE, The Contract Price Shall be paid In progress payments, which do not
Include finance charges of any kind, according to the following schedule.
upon signing Contract;
% ($ _) upon completion of
_) upon completion of
shall os mads forthwith upon
—) complollon of work under ON contract.
Upon eollofaotory payment being made Ior any portion of the
wolk pattormed, lite nteaclor shall, pdpr to any nlriher peymanl
being made, furnish to The Owner or Tonanl contracting for the
home fmprovement or ewimmlrrg pool, a lull and unwndirional
Iolamo from any claim or mrlchani, a Ilan for that porion of
the work Ior which payment hug been made,
You the Owner or Tenant have the right to require
the Contractor to have a performance and
payment bond..
Acceptance of Proposal - The above prloes, speclfloatlons and conditions are satlafaotory and are hereby accepted. You are
authorized to do the work as %pacifitud. Payment will be made as outlined above It Is understood and agreed that this wort is not provided for In any
Wider agreement and no contractual rights adee until this proposal Is accepted In writing.
Fallura by the Conlrnelor, without Iavlrful excuse, to subutanllally commence work within twonty (20) days from the
npproxlmate daltt specifled In this contract when trio wort( will bapin, to a violeilon of the Contractors Lmana t Law,
4 d•� a.._ may% 1- y
on. V —� �Uti rl.a..cn
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You, the Buyer, mey cancel this transaction nt an time of
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date of thle Iraneaction. See the Notice of Cancellation form (rervaorse slide) lot an phni\ntivin lof'Lf1all: ralghi{lar tit®
B1 Amendment 3 IMPORTANT INFORMATION ON BACK ►