REPORT TO COUNCIL
SUBJECT
Title
Action on Amendment No. 2 to the Agreement with NUVIS Landscape Architecture, Inc. for Design Professional Services for the Central Park New Entrance, Access, and Parking Improvements Project and Related Budget Amendments
Report
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
Enhance Community Sports, Recreational and Arts Assets
BACKGROUND
On August 21, 2021, the City Council approved a Design Professional Services Agreement (Agreement) with NUVIS Landscape Architecture, Inc. (NUVIS) for the Central Park New Entrance, Access, and Parking Improvements Project (Project). The Project consists of installation of a new accessible entrance to Central Park at the corner of Kaiser Drive and Kiely Boulevard (Attachment 1). The new entrance includes improved landscaping, a new traffic signal, expanded parking area, and an accessible drop off area and paths. The design of the Project is being completed in two phases: 1) schematic design and 2) design and bid document preparation.
On September 27, 2022, City Council approved the schematic design of the Project and approved Amendment No. 1 to the Agreement with NUVIS so that staff could begin the second phase which includes design and bid document preparation for the Project.
In August 2023, resident Bruce Donoghue, plaintiff, filed a lawsuit against the City based on certain accessibility barriers at Central Park. The locations identified in the complaint were accessible parking spaces located at the southwest parking lot of Central Park (“Pavilion Parking Lot”) (Attachment 1) and a paved pathway from the Pavilion Parking Lot to Kiely Boulevard. The City and plaintiff entered into a settlement agreement by which the City agreed to remediate the identified barriers in accordance with the latest accessibility specifications. The Pavilion Parking Lot and adjacent paths were not included within the original Project scope, as they were proposed to be implemented in a later phase of development under the Central Park Master Plan.
Staff evaluated several project delivery options to determine the most practical and expedient way to implement the remediation work required under the settlement agreement. Staff determined that adding the remediation work to the scope of the Project would provide the quickest, most cost effective and efficient way to design and construct the improvements.
DISCUSSION
The proposed Amendment No. 2 (Attachment 2) includes a negotiated scope of services and schedule of fees based upon the understanding of the work to be performed at the Pavilion Parking Lot and adjacent paths. The scope of services generally includes preliminary engineering, preparing construction documents, bidding, construction support, and project close-out.
Staff recommends approval of Amendment No. 2 to the Agreement with NUVIS Landscape Architecture, Inc. to incorporate the design services needed for inclusion of the Settlement Agreement improvements into the Central Park New Entrance, Access, and Parking Improvements Project. It is anticipated that the revised design of the Project, which consists of the new entrance, the rehabilitated Pavilion Parking Lot, and improved adjacent paths of travel will be completed by early 2025. Prevailing wage requirements that were included in the original agreement remain applicable under Amendment No. 2.
ENVIRONMENTAL REVIEW
This action is for design professional services and the action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act ("CEQA") Guidelines section 15378 as the action being considered does not commit the City to undertake the project and future discretionary approvals are required by the City to approve the project for construction. Environmental review in accordance with CEQA will occur as part of the design and approval process.
FISCAL IMPACT
The not-to-exceed amount under the original Agreement and Amendment No. 1 is $404,000. This amount includes $366,926 for basic services and $37,074 for additional services. The proposed Amendment No. 2 adds $172,727 to the current Agreement, bringing the total not-to-exceed amount to $576,727 ($524,297 for basic services and $52,430 for additional services). Additional funding in the amount of $172,727 is recommended for appropriation from Mitigation Fee Act funds, as shown in the Budget Amendment table below. Additional funding required for the construction of the Project will be requested at the award of construction contract based on the actual bid received.
Budget Amendment
FY 2023/24
|
|
Current |
Increase/ (Decrease) |
Revised |
|
Parks and Recreation Capital Fund |
|
|
|
|
|
|
|
|
|
|
|
Expenditures |
|
|
|
|
Central Park New Entrance, Access, and Parking Improvements Project |
$2,113,840 |
$172,727 |
$2,286,567 |
|
|
|
|
|
|
Fund Balance |
|
|
|
|
Mitigation Fee Act |
$21,584,302 |
($172,727) |
$21,411,575 |
COORDINATION
This report has been coordinated with the Finance Department, the Parks and Recreation Department, and the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
1. Approve and Authorize the City Manager to execute Amendment No. 2 to the Agreement with NUVIS Landscape Architecture, Inc. for the Central Park New Entrance, Access, and Parking Improvements Project in the amount not-to-exceed $576,727, in a final form approved by the City Attorney;
2. Authorize the City Manager to make minor modifications to the agreement, including time extensions, if needed; and
3. Approve the following FY 2023/24 budget amendments:
A. In the Parks and Recreation Capital Fund, increase the Central Park New Entrance, Access, and Parking Improvements Project by $172,727 and decrease the Mitigation Fee Act fund balance by the same amount (five affirmative Council votes required for the use of unused balances).
Staff
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Location Map
2. Amendment No. 2